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12-7.5001-15 Requirements.

REQUIREMENTS (a) This is a requirements contract for the supplies or services specified in the Schedule, and for the period set forth in this contract. Delivery of supplies or performance of services shall be made only as authorized by orders issued in accordance with the clause entitled “Delivery Orders and Invoices”. The quantities of supplies or services specified herein are estimates only and are not purchased hereby. Except as may be otherwise provided herein, in the event the Government's requirements for supplies or services set forth in the Schedule do not result in orders in the amounts or quantities described as "estimated" or "maximum" in the Schedule, such event shall not constitute the basis for an equitable price adjustment under this contract.

(b) The Government shall order from the Contractor all the supplies, services, and transportation set forth in the Schedule which are required to be purchased by the Government activity named herein, and the Contractor shall furnish to the Government such supplies, services, and transportation as may be ordered by the Contracting Officer. The Government, however, reserves the right not to order supplies and services under this contract in instances where the body is removed from the area for medical, scientific, or other cogent reason. In the event of an epidemic or other emergency, the Contractor shall not be required to provide services in excess of the capacity of his facilities.

(b) If remains are located outside the area of performance, the Government may call on the Contractor or obtain the services elsewhere. If the Government calls on the Contractor, the Contractor shall be paid the amount per mile indicated in the Schedule for the number of miles required to transport the remains by a reasonable route from the point where located to the boundary of the area of performance. If the Government elects to have the remains brought into the area of performance by some other means, it may require the Contractor to perform after the remains are within the area of performance.

(c) The Government may require the Contractor to deliver remains to any point within one hundred (100) miles of the area of performance. In this case the Contractor shall be paid the amount per mile indicated in the Schedule for the number of miles required to transport the remains by a reasonable route from the boundary of the area of performance to the delivery point.

(End of clause)

812-7.5001-18 Specifications.

SPECIFICATIONS Armed Services, Specifications, Care of Deceased Personnel, hereinafter referred to as “Specification” are attached hereto and made a part of this contract.

(End of clause) 812-7.5001-19 Using activities.

USING ACTIVITIES Contracting Officers of the following activities may order services and supplies under this contract:

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8 12-7.5001-16 Contract period.

CONTRACT PERIOD Any contract awarded as a result of bids submitted under this Invitation for Bids shall extend from --- through

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8 12-7.5001-17 Area of performance.

AREA OF PERFORMANCE The area of performance is specified elsewhere in this contract. This contract includes taking possession of the remains at the place where they are located, transport ing them to the Contrator's place of preparation and transporting them thereafter to a place designated by the Contracting Officer. The Contractor shall not be entitled to reimbursement for transportation when both the place where the remains were located and the delivery point are within the area of performance.

8 12-7.5001-20 Delivery orders and invoices.

DELIVERY ORDERS AND INVOICES Delivery orders for supplies or services shall be issued by the Contracting Officer and shall set forth (i) the supplies or serv. ices being ordered, (ii) the quantities to be furnished, (iii) delivery or performance dates, (iv) place of delivery or performan (v) packing and shipping instructions, and (vi) the address to which invoices for seryices rendered under this contract shall be sent. Amendments to delivery orders may be made by the Contracting Officer issuing the order. Each delivery order or change order shall cite the funds from which payment for the supplies or services ordered shall be made.

(End of clause) 8 12-7.5001-21 Delivery and performance.

DELIVERY AND PERFORMANCE (a) Except as otherwise herein provided, the Contractor shall furnish the material ordered and perform the services specified in each case as promptly as possible but in no event later than thirty six (36) hours after the Contractor has received notification to remove the remains, exclusive of the time necessary for the Government to inspect and check results of preparation. The Government may, at no additional charge, require the Contractor to hold the remains for an additional period not to exceed seven ty-two (72) hours from the time the remains are casketed and final inspection completed.

(b) In no case will shipment be made until the Contractor certifies that the remains will be in an acceptable state of preservation upon final delivery. The contractor shall not be responsible for notifying the consignee of time of arrival of shipped remains.

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Guard in fulfilling its responsibility for proper care of remains:

(2) The Contractor, either by his own act or through persons in his employ, solicits relatives or friends of the deceased to purchase supplies or services not provided for under this contract (the Contractor may furnish supplies or arrange for services not provided for under this contract, only where such other supplies or services are voluntarily requested, selected and paid for by the representatives of the deceased);

(3) The services, or any part thereof, to be performed under this contract are, without the written authorization of the Contracting Officer, performed by an individual, partnership, corporation, or other person or business association whatsoever, other than the Contractor to whom this contract is awarded, his employees, and members of the firm;

(4) The Contractor refuses to perform the services required for any particular remains; or

(5) The Contractor advertises in any way that he has a contract for mortuary services with the Government.

(c) All other provisions of the “Default" clause shall apply to a termination made pursuant to this “Additional Default Provision" clause.

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ADDITIONAL DEFAULT PROVISION (a) This clause supplements the “Default” clause of this contract.

(b) This contract may be terminated for default by written notice without the ten (10) days notice specified under paragraph (a)(ii) of the "Default” clause if during the performance of this contract:

(1) The Contractor, through circumstances reasonable within his control or that of persons in this employ, performs any act or acts, under or in connection with this contract, or fails in the performance of any service under this contract, and such acts or failures many reasonably be considered to reflect discredit upon the Coast

8 12–7.5001-25 Group interment.

GROUP INTERMENT Payments to the Contractor for supplies and services provided for remains to be interred as a group shall be made on the basis of the number of caskets furnished rather than on the basis of the number of persons in the group.

(End of clause) 8 12–7.5001-26 Professional requirements.

PROFESSIONAL REQUIREMENTS The Contractor shall meet all State and local licensing requirements and shall furnish the highest quality of professional services. Preparation and transportation of remains shall be performed in accordance with all applicable Federal, State, and local health laws, statutes, and regulations. The Contractor shall obtain and furnish all necessary health department and shipping permits at no additional cost to the Govern ment and shall insure that all necessary health department permits are in order for disposition of the remains.

facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within, the meaning of the “Disputes” clause of this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(End of clause) & 12-7.5001-30 Inconsistent provisions.

INCONSISTENT PROVISIONS In the event of any inconsistency in the provisions of any of the parts of this contract, the following order shall control: the Schedule; the contract clauses; and the Specifications as in effect on the date of this contract.

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§ 12-7.5001-27 Facility requirements.

FACILITY REQUIREMENTS The Contractor's building shall have complete facilities for maintaining the highest standards of solemnity, reverence, and assistance to the family, and for prescribed ceremonial services. The preparation room shall be clean, sanitary, and adequately equipped. The Contractor shall have or be able to obtain, catafalques, church trucks and equipment for Protestant, Catholic, and Jewish services. The funeral home, furnishings, grounds and surrounding area shall be carefully maintained so as to present a clean well-kept appearance.

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& 12-7.5001-31 Coordination.

COORDINATION Necessary coordination shall be effected with the Contractor's funeral director on all funeral arrangements, which shall include the time remains will be ready for inspection, viewing and shipment, time and place of religious services, time and place of interment and shipping schedules, and final disposition of remains.

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& 12-7.5001-28 Preparation history.

PREPARATION HISTORY For each body prepared, or in the case of group interment for each casket handled, the Contractor shall state briefly the results of the embalming process on a certificate furnished by the Contracting Officer.

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$ 12-7.5001-32 Preparation of remains at

other than contractor's establishment. PREPARATION OF REMAINS AT OTHER THAN

CONTRACTOR'S ESTABLISHMENT Preparation of remains at a place other than the Contractor's establishment shall require the concurrence of the Contracting Officer.

(End of clause)

812-7.5001-29 Changes.

The Contracting Officer may at any time, by a written order, and without notice to the sureties, if any, make changes in or ad. ditions to specifications, issue additional instructions, require modified or additional work or services within the scope of the contract, and change the place of delivery, method of shipment, or the amount of Government-furnished property. If any such change causes an increase or decrease in the cost, or in the time required for, the performance of this contract, an equitable ad. justment shall be made in the contract price, or time of performance, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within thirty (30) days from the date or receipt by the Contractor of the notification of change: provided, however that the Contracting Officer, if he decides that the

8 12-7.5001-33 Major restorative art.

MAJOR RESTORATIVE ART The Contractor shall advise the Contracting Officer promptly of any need for major restorative art technique (restoration of facial contours, such as nose, ears, mouth, chin, etc.) required for any remains prepared under this contract to permit the viewing of remains at final destination, and upon the direction of the Contracting Officer, shall perform such restoration. The cost of such restoration shall be allowed as approved by the Contracting Officer.

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8 12-7.5001-34 Passenger car.

PASSENGER CAR When a passenger car is required to transport members of the immediate family to the funeral service and, if necessary, to the selected terminal and return, the cost shall be allowed as approved by the Contracting Officer.

§ 12-7.5101-3 Dissemination of contract

information. Insert the clause set forth in DOTPR 12–7.150-10, substituting “Architect-Engineer” for “Contractor.”

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Subpart 12-7.51-Clauses for Architect-Engineer Contracts

§ 12-7.5101-4 Inspection.

INSPECTION The Government, through any authorized representative, may at all reasonable times, inspect or otherwise evaluate the work being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by the Government on the premises of the ArchitectEngineer or subcontractor, the ArchitectEngineer shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.

§ 12–7.5100 Scope.

This subpart set forth contract clauses for use in fixed-price architectengineer contracts in addition to those prescribed in the April 1975 edition of Standard Form 253 (see FPR 116.701).

(End of clause) § 12–7.5101-5 Notice of delays.

Insert the clause set forth in DOTPR 12–7.150-1, substituting “Architect-Engineer” for “Contractor”.

8 12-7.5100-1 Amendment of Standard

Form 253. The following clauses shall be used with Standard Form 253 (1975 Edition) pending the publication of a new edition of the form: (1) the clause Disabled Veterans and Veterans of the Vietnam Era set forth in FPR Temporary Regulation No. 39 effective July 26, 1976; (2) the clause Employment of the Handicapped set forth in FPR Temporary Regulation No. 38 of May 1976; and (3) the Clean Air and Water clause set forth in FPR 1-1.2302-2.

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8 12-7.5101 Required clauses. 8 12–7.5101-1 Composition of contractor.

COMPOSITION OF CONTRACTOR If the Contractor hereunder is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

(End of clause)

8 12-7.5101-2 Interpretation or modifica

tion. Insert the clause set forth in DOTPR 12–7.150-4.

(End of clause) 8 12-7.5101-7 Gratuities.

Insert the clause set forth in DOTPR 12–7.150-1, substituting "Architect-Engineer” for “Contractor”. 8 12–7.5102 Clauses to be used when appli

cable. The following clauses shall be included in the contract when their use is appropriate.

812-7.5103-1 Method of payment.

§ 12-7.5102-1 Military security require

ments. Insert the Military Security Requirements clause set forth in DOTPR 12-7.151-9 in accordance with the instructions for its use in DOTPR 121.352.

§ 12-7.5102-2 Audit and records.

Insert the clause set forth in FPR 13.814-1(a) in accordance with the instructions for its use.

§ 12-7.5102-3 Price reduction for defective

cost or pricing data. Insert the clause set forth in FPR 13.814-1(a) in accordance with the instructions for its use.

METHOD OF PAYMENT (a) Estimates shall be made monthly of the amount and value of the work and services performed by the Architect-Engineer under this contract, such estimates to be prepared by the Architect-Engineer and accompanied by such supporting data as may be required by the Contracting Officer.

(b) Upon approval of such estimate by the Contracting Officer payment upon properly certified vouchers shall be made to the Architect-Engineer as soon as practicable of 90% of the amount as determined above, less all previous payments; Provided, however, That if the Contracting Officer: determines that the work is substantially complete and that the amount of retained percentages is in excess of the amount considered by him to be adequate for the protection of the Government, he may at his discretion release to the Architect-Engineer such excess amount.

(c) Upon satisfactory completion by the Architect-Engineer and acceptance by the Contracting Officer of the work required by the contract, the Architect-Engineer will be paid the unpaid balance of any money due under the contract.

(d) As a precedent to final payment under the contract, the Architect-Engineer shall execute and deliver to the Contracting Officer a release of all claims against the Government arising under or by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Architect-Engineer from the operation of the release in stated amounts to be set forth therein.

812-7.5102-4 Subcontractor cost or pric

ing data. Insert the clause set forth in FPR 13.814-3(a) in accordance with the instructions for its use.

(End of clause)

812-7.5102-5 Architectural designs and

date-Government rights (sole proper

ty). Where the purpose of a contract for architect-engineer services is to obtain a unique architectural design of a building, a monument, or construction of a similar nature, which for artistic, esthetic or other special reasons the Government does not want duplicated by anyone else, the Government may desire to acquire exclusive control of the data pertaining to such design. The clause set forth in FPR 116.703(d) shall be used only in those cases where the contracting officer de. termines for the foregoing reasons that it is desirable to maintain exclusive control over the design and data. 8 12-7.5102–6 Renegotiation.

Insert the clause set forth in DOTPR 12-7.151-15 in accordance with the instructions for its use. 8 12-7.5103 Additional clauses,

The following clauses shall be included in the contract when it is deemed necessary or desirable to cover the subject matter thereof. The clauses may be modified, when necessary, to adapt to special situations.

$12-7.5103-2 Preparation of specifica

tions.

PREPARATION OF SPECIFICATIONS The Architect-Engineer shall make reference to applicable Federal specifications, if available, for items and materials used. If Federal specifications are not available, the Architect-Engineer shall reference specifications prepared by recognized professional manufacturer or construction societies, or furnish descriptions of the items or materials containing all the fundamental properties and all the essential requirements to be met by the items or materials. When an item or material cannot be described because of its technical construction or composition or because it is a proprietary item, the name of one, and if available, several, suitable commercial products shall be included as part of the required description, followed by the words “or equal." If it is determined

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