CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-1201.8 Subcontracting. SUBCONTRACTING (1965 OCT) No contract shall be made by the Contractor with any other party for furnishing any of the work or services herein contracted for without the written approval of the Contracting Officer. This provision does not apply to contracts of employment between the Contractor and his person nel. (End of clause) 7-1201.9 Additional Default Provision. ADDITIONAL DEFAULT PROVISION (1965 OCT) (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) day notice specified under paragraph (a)(ii) of the “Default" clause if during the performance of this contract: (i) the Contractor, through circumstances reasonably within his control or that of per- (ii) the Contractor, either by his own act or through persons in his employ, solicits rela- (iv) the Contractor refuses to perform the services required for any particular remains; or (c) All other provisions of the "Default" clause shall apply to a termination made pursuant to this "Additional Default Provision" clause. (End of clause) 7-1201.10 Group Interment. GROUP INTERMENT (1965 OCT) 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) 7-1201.11 Professional Requirements. PROFESSIONAL REQUIREMENTS (1965 OCT) 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 regu 7-1201.11 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS lations. The Contractor shall obtain and furnish all necessary health department and shipping permits at no additional cost to the Government and shall insure that all necessary health department permits are in order for disposition of the remains. (End of clause) 7-1201.12 Facility Requirements. FACILITY REQUIREMENTS (1965 OCT) 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 and well-kept appearance. 7-1201.13 Preparation History. PREPARATION HISTORY (1965 OCT) (End of clause) 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. (End of clause) 7-1202 Clauses for Port of Entry Requirements Contracts. In addition to clauses prescribed by Part 19 of this Section, the clauses prescribed in 7-1201, except the Area of Performance clause in 7-1201.3 and the Facility Requirements clause in 7-1201.12, shall be inserted in all care of remains contracts for port of entry requirements. In addition, insert the Government-Furnished Property (Short Form) clause in 7-104.24(f). 7-1202 ARMED SERVICES PROCUREMENT REGULATION 7:412 CONTRACT CLAUSES AND SOLICITATION PROVISIONS Part 13-Bakery and Dairy Products Contracts 7-1300 Scope of Part. This Part sets forth uniform contract clauses for use in indefinite delivery contracts as defined in 3-409, for perishable bakery and dairy products. These clauses are to be used in addition to other required or applicable clauses. 7-1301 Required Clauses. The following clause shall be included in all indefinite delivery contracts for perishable bakery and dairy products. 7-1301.1 Delivery Vehicles and Conveyances. DELIVERY VEHICLES (1967 APR) The supplies delivered under this contract shall be transported in clean, closed vehicles. The vehicles shall be maintained in a sanitary condition to prevent contamination of the supplies and shall be equipped to maintain any temperature requirement prescribed in the specification or elsewhere in this contract. The vehicles shall be subject to inspection by the Government at all reasonable times and at all places, including the plant of the Contractor. Supplies tendered for acceptance in vehicles which are not sanitary, or which are not equipped to maintain any prescribed temperatures, may be rejected without further inspection. (End of clause) 7-1301.2 Reserved. 7-1301.3 Time of Delivery. TIME OF DELIVERY (1967 APR) Individual written delivery orders issued or oral delivery orders placed under this contract shall specify the locations to which deliveries shall be made and the quantities for each location. Deliveries will be completed within the hours prescribed in the Schedule of this contract and on the days specified by the order. Orders which call for delivery within less than twenty-four (24) hours from the time the Contractor receives said orders shall be governed by paragraph (e) of the clause entitled "Requirements." (End of clause) If an indefinite quantity contract as defined in 3-409.3 is used, rather than a requirements contract, the following shall be included instead of the last sentence of the foregoing clause. The Contractor shall not be required to deliver within less than hours from the time the 7-1301.4 Plant Locations. Prior to award of a contract, the contractor must identify the plant or plants at which any manufacturing or processing will occur and from which shipment will be made. See 1-903.2(b). The plants named by the contractor shall be listed in the Schedule, and the following clause shall be inIcluded in the contract. CHANGE IN PLANT LOCATION (1967 APR) The performance of any work under this contract at any place other than that named in this contract is prohibited unless specific written advance approval is obtained from the Contracting Officer. (End of clause) 7-1301.4 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-1301.5 Sanitary Conditions. 7:413 SANITARY CONDITIONS (1967 APR) (a) All plant facilities, machinery, equipment, and apparatus used in the production, processing, handling, storage, or delivery of supplies under this contract, and all supplies (as the term “supplies" is defined in paragraph (a) of the clause entitled “Inspection") delivered under this contract, shall meet the sanitary'standards, including bacteriological requirements, prescribed by the specifications cited elsewhere in this contract. (b) All plant facilities, machinery, equipment, and apparatus used in the production, processing, handling, storage, or delivery of supplies under this contract shall be subject to inspection and test by the Government at all places and at all reasonable times. (c) The Government shall notify the Contractor in writing of any failure to meet the sanitary standards, including bacteriological requirements, prescribed by this contract. If such failure has not been corrected within three (3) days from the date the Contractor receives said notice, the whole or any part of this contract may be terminated for default or, at the option of the Contracting Officer, the Contractor's right to perform under this contract may be partially or wholly suspended for not less than ten (10) days, and for such longer period of time as the Contracting Officer deems appropriate to permit correction of such failure. A suspension shall not operate to extend the life of this contract and shall not be considered sufficient cause for the extension of any delivery time. During the period of any such suspension, the Government may procure from other sources, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies similar to those specified in the Schedule, and the Contractor shall be liable to the Government for any excess costs for such similar supplies. If the Contractor does not correct the failure to meet the sanitary standards, including bacteriological requirements, within any suspension period specified by the Contracting Officer, the Government may terminate the unexpired portion of this contract for default without allowing additional time for correction, notwithstanding paragraph (a)(ii) of the clause entitled "Default." (End of clause) If an indefinite quantity contract as defined in 3-409.3 is used, rather than a requirements contract, the following shall be inserted in paragraph (c) of the foregoing clause after the third sentence. The quantity of supplies designated in the Schedule as “Minimum" shall be reduced, in the event of a suspension, by an amount proportionate to the ratio between the number of days the Contractor's right to perform is suspended and the number of days in the contract period. The quantity of supplies designated as "Maximum" shall not be reduced. 7-1301.6 Reserved. 7-1301.7 Remedies Under Delivery Orders. REMEDIES UNDER DELIVERY ORDERS (1967 APR) All rights and remedies afforded to the Government under the provisions of this contract may be exercised and enforced by the Government with respect to each written or oral delivery order placed under this contract. (End of clause) If delivery orders are to be placed by an activity other than the activity which awarded the contract, the following may be added to the foregoing clause to establish authority in the ordering officer under the Changes, Extras, Inspection, Default, and Disputes clauses for the administration of individual delivery orders. 7-1301.7 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS For the purpose of the exercise of the Government's rights and remedies under one or more individual delivery orders, the term "Contracting Officer" as used in the "Changes," "Extras," "Inspection," "Default,” and “Disputes" clauses, shall include the person executing or placing said order or orders. 7-1301.8 Reserved. 7-1301.9 Reserved. 7-1302 Additional Required Clauses for Perishable Dairy Products Contracts. Clauses substantially as follows shall be included in all indefinite delivery contracts for perishable dairy products. 7-1302.1 Reserved. 7-1302.2 Examination and Testing. EXAMINATION AND TESTING (1969 DEC) (a) The Government examination and testing of dairy products shall be in accordance with the DoD Handbook No. H-57, "Supplement A-Procurement Quality Assurance for Fresh Dairy Products." The Contractor agrees that a lot consists of a day's production of the type of product delivered or intended to be delivered. Whether sampling is conducted at origin or at destination, the Contractor agrees that the results of the tests performed using the samples selected in accordance with DoD Handbook No. H-57, Supplement A, will apply to the entire contract quantity of each type product delivered on the date specified at the time of sampling and that the results will be used in determining the weighted average of butterfat, milk solids non-fat, and total solids for the monthly period. (b) The Government reserves the right to test all products to be delivered under the contract. Samples selected by the Government at origin shall be furnished at the expense of the Contractor and shall be considered to be representative of all the products delivered to the Government from the lot sampled. The Contractor shall certify the quantity of all products delivered from lots sampled at origin. Samples selected by the Government at destination shall be furnished at the expense of the Government and shall be considered to be representative of all of that type of product delivered to the Government on the date sampled. (c) When samples are selected from containers of 1/2 gallon size or smaller, the entire content of the container shall constitute the sample; when samples are selected from containers larger than 1/2 gallon, a 1/2 pint sample shall be withdrawn for laboratory analysis. (d) When the butterfat, milk solids, non-fat or total solids of any type of product as determined by chemical analysis is less than required by this contract, the Contractor shall reimburse the Government for the deficiency in the amount determined pursuant to the clause entitled "Deficiency Adjustment.” For this purpose the butterfat, milk solids non-fat, and total solids content of the entire quantity of each type of product delivered during a monthly period shall be deemed to be the weighted average of the results of the tests of all samples thereof selected during said period. If the butterfat, milk solids non-fat, or total solids content of any type of product in any monthly period, as determined by a chemical analysis of at least two (2) samples, is less than required by this contract, the Contractor shall reimburse the Government for the deficiency in an amount determined pursuant to the clause entitled "Deficiency Adjustment." Deficiencies so computed, totaling $25 or less during a monthly accounting period will not be assessed. Monthly periods commence on the first (1st) day of the contract period and on the same day of each succeeding calendar month thereafter. The butterfat, milk solids non-fat, and total solids content of one type of product will not be averaged with or offset against the content of another type of product, and the content of products delivered in any one monthly period will not be averaged with or offset against the content of products delivered in any other monthly period. No payment will be made for butterfat, milk solids non-fat, and total solids content in excess of the amount required by this contract. (End of clause) 7-1302.2 ARMED SERVICES PROCUREMENT REGULATION |