CONTRACT CLAUSES AND SOLICITATION PROVISIONS (b) Labor employed to perform pickup and delivery, inventorying, packing, crating, weighing, marking, loading, drayage, unpacking, blocking, bracing, and other services described herein shall be competent in the performance of such services. (c) Inventory of shipment shall be accomplished pursuant to provisions of the latest issue of MIL-STD 212 in effect on date of solicitation. (d) All services shall be performed in accordance with the priority order established by the Contracting Officer. (e) MIL-STD 212, "Military Standard-Preparation of Household Goods for Shipment and Storage and Related Services," and applicable specifications referred to therein are available for reference in the local procurement or transportation offices. (f) When pickup of shipments is part of line-haul service, the Contractor shall perform loading on freight carrier's equipment at Contractor's facility. 7-1601.10 Time Requirements. TIME REQUIREMENTS (1970 MAY) (End of clause) (a) The Contractor shall commence containerization of household goods or unaccompanied baggage at owner's residence or Contractor's facility on the date specified by the Contracting Officer. If containerization is ordered at Contractor's facility, the household goods or unaccompanied baggage shall be picked up on the date and within the hours specified. Unless a longer period is authorized by the Contracting Officer, the maximum containerization time allowed at the Contractor's facility shall be three (3) working days following specified pickup date for household goods and two (2) working days following specified pickup date for unaccompanied baggage. (b) The Contracting Officer or his designated representative shall normally give the Contractor notice to commence containerization or to pick up household goods or baggage shipments at least twenty-four (24) hours prior to the date specified. (c) Delivery or removal of household goods or unaccompanied baggage to or from owner's residence, or containerization of household goods or unaccompanied baggage at owner's residence, shall commence between the hours of 8:00 a.m.-12m. (noon) or 12m. (noon) - 5:00p.m. as specified, Monday through Friday, officially declared National, State or local holidays excluded. The Contracting Officer may authorize performance of services at other times when agreed to by the owner or his authorized agent and the Contractor. (d) The Contractor shall accept and pick up inbound shipments of household goods, or unaccompanied baggage, effect delivery thereof to the destination, and shall unload and unpack the same on the date and within the hours specified by the Contracting Officer during the working hours set forth above. The Contractor will notify the Contracting Officer upon arrival of a shipment but no later than the morning of the next workday. Delivery shall be effected within two (2) working days following date of receipt or notification of arrival unless otherwise specified. 7-1601.11 Demurrage. (End of clause) DEMURRAGE (1970 MAY) The Contractor shall be liable for all demurrage, detention, or other charges accruing as a result of his failure to load or unload trucks, freight cars, freight terminals, vessel piers, or warehouses within the free time allowed under applicable rules and tariffs. CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-1601.12 Vans. VANS (1970 MAY) Vans used in transporting unpacked and uncrated furniture shall be of the closed type and shall be supplied with sufficient clean pads, covers, and any other equipment to protect personal property adequately during transit and delivery. Vehicles used in transporting containerized personal property may be of the open type provided, a weatherproof tarpaulin is used to protect the ship ment. (End of clause) 7-1601.13 Drayage. DRAYAGE (1977 APR) (a) Drayage under the Schedules of Items in this contract shall include all outbound or inbound hauling of loose articles, containerized shipments and empty Government containers within the area of performance as defined in the clause entitled "Contract Areas of Performance." Each area includes the Contractor's facility, storage warehouse other than Contractor's facility, frequently used air and surface transportation terminals, military installation shipping offices and ocean or river terminals/piers. The price of each item of service includes drayage within the area awarded, unless otherwise provided in the item. (b) Repositioning of empty Government containers within the contractual area of performance, shall be as directed by the Contracting Officer or his designated representative at no additional cost to the Government. (End of clause) 7-1601.14 Liability. LIABILITY (1980 JUL) (a) “Article" means any shipping piece or package and its contents. (b) If notified within one (1) year after delivery that the owner has discovered loss of or damage to his property, the Contractor agrees to indemnify the owner for loss of or damage to the owner's property which arises from any cause while it is in the Contractor's possession as follows: (i) Non-negligent Damage. The Contractor shall indemnify owners for any loss of or damage to their property which results from any cause, other than the Contractor's negligence, at a rate not to exceed sixty cents ($.60) per pound per article. (ii) Negligent Damage. When loss or damage is caused by the negligence of the Contractor, he shall be liable for the full cost of satisfactory, repair or for the current replacement value of the article. The Contractor shall make prompt payment to the owner of the property for any loss or damage for which the Contractor is liable. (c) In the absence of evidence or supporting documentation which places liability on a carrier or another contractor, the destination contractor will be presumed to be liable for loss or damage of which it is timely notified. (End of clause) 7-1601.15 Erroneous Shipments. ERRONEOUS SHIPMENTS (1977 APR) (a) It shall be the responsibility of the Contractor at his expense to have articles of personal property which he inadvertently packed with goods of other than the rightful owner forwarded to the rightful owner by the quickest means of transportation, as selected by the Contracting Officer. 7-1601.15 ARMED SERVICES PROCUREMENT REGULATION 7:430 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (b) Further, it shall be the responsibility of the Contractor to insure that all shipments have been stenciled correctly. When a shipment is forwarded to an incorrect address due to incorrect stenciling by the Contractor or his personnel, the shipment shall be returned with the least possible delay to its rightful owner by a mode of transportation selected by the Contracting Officer. The Contractor shall be liable for all costs incurred including charges for preparation, drayage and transportation. (c) it shall be the responsibility of the Contractor to deliver to the designated air or surface terminal all pieces of a shipment, in one lot, at the same time. Pieces of one lot not included in delivery and remaining at Contractor's facility after the departure of the original shipment shall be forwarded to the owner with the least possible delay by a mode of transportation selected by the Contracting Officer or his designated representative. The Contractor shall be liable for all additional transportation costs incurred in excess of what it would have cost the Government had the entire lot been shipped at the same time. (End of clause) 7-1601.16 Additional Marking Instructions. ADDITIONAL MARKING INSTRUCTIONS (1970 MAY) (a) All containers of professional books, papers or equipment shall be stenciled "Professional Books, Paper, Equipment" and their weights shall be shown separately on packing lists. (b) Unaccompanied baggage containers shall be marked as such. 7-1601.17 Weight Certificates. WEIGHT CERTIFICATES (1970 MAY) (End of clause) A weight certificate, in triplicate, from a certified scale or weighmaster shall be submitted to the transportation officer for all outbound shipments. (End of clause) 7-1601.18 Report of Lost/Damaged Material. REPORT OF LOST/DAMAGED MATERIAL (1977 APR) It shall be the responsibility of the Contractor when making delivery to prepare a separate report listing all articles lost or damaged and describing such loss or damage. This report will be forwarded to the transportation officer within seven (7) working days after the delivery of the goods. (End of clause) 7-1601.19 Subcontracting. SUBCONTRACTING (1970 MAY) The Contractor shall not subcontract without the prior written approval of the Contracting Officer. The facilities of any approved subcontractor shall meet the minimum standards required by this contract. (End of clause) 7-1601.20 Additional Services. ADDITIONAL SERVICES (1977 APR) Additional services not included in the schedule, but required for satisfactory completion of services ordered under this contract shall be provided at a rate not in excess of the rate for like services as contained in applicable Military Rate Tenders or in the absence of a Military Rate Tender, applicable tariff in effect at time of order. (End of clause) ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-1700 Scope of Part. This part prescribes clauses for "General Contracts" with common carriers and with noncommon carriers under which communication services and facilities will be ordered pursuant to Section XXII, Part 10 (see 22-1001). 7-1701 Required Clauses. The following clauses shall be inserted in all "General Contracts" for communication services and facilities. With the exception of the clauses prescribed by 7-1701.1 through 7-1701.15, the clauses prescribed by this paragraph may be varied to meet specific requirements of an appropriate governmental regulatory body or when the basic intent is not changed. 7-1701.1 Definitions. Insert the clause in 7-103.1 with the following additional paragraphs: (d) The term "Communication Service Authorization” (CSA) means an order for services or facilities under this contract. (e) The term "Appropriate Governmental Regulatory Body" means the Federal Communications Commission, any state-wide regulatory body, or any body with less than state-wide jurisdiction when operating pursuant to state authority. Regulatory bodies whose decisions are not subject to judicial appeal and regulatory bodies which regulate a company owned by the same entity which creates the regulatory body are not "appropriate governmental regulatory bodies" for the purposes of this contract. (1971 APR) 7-1701.2 Assignment of Claims. Insert the clause in 7-103.8. 7-1701.3 Disputes. Insert the appropriate clause in 7-103.12, with the following additional paragraph in contracts with common carriers. (c) The provisions of (a) above shall not apply to disputes which are subject to the jurisdiction of an appropriate governmental regulatory body. The provisions of (a) above also shall be subject to the requirements of the law with respect to the rendering of communication services and the collection of tariff charges. (1971 APR) 7-1701.4 Officials Not To Benefit. Insert the clause in 7-103.19. 7-1701.5 Covenant Against Contingent Fees. Insert the clause in 7-103.20. 7-1701.6 Notice to the Government of Labor Disputes. Insert the clause in 7-104.4. 7-1701.7 Military Security Requirements. Insert the clause in 7-104.12. 7-1701.8 Examination of Records by Comptroller General. Insert the clause in 7-104.15. 7-1701.9 Gratuities. Insert the clause in 7-104.16. 7-1701.10 Patent Indemnity. Insert the clause in 7-104.5, designating the | text thereof as paragraph (a) and adding the following as (b): (b) This clause shall apply only to individual CSAs over $5,000 issued under this contract and covering those communications services and facilities which normally are or have been sold or offered for sale by the Contractor to the public, or which can be provided over commercially available equipment, or which involve relatively minor modifications thereto. (1971 APR) 7-1701.11 Notice and Assistance Regarding Patent Infringement. Insert the clause in 7-103.23 7-1701.11 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-1701.12 Reporting of Royalties. In accordance with the requirements of 9-110, insert the clause in 7-104.8(a). In contracts with common carriers, revise the clause by deleting the date of the clause and by substituting the following for the first three lines of the clause: When the response to a solicitation for special construction or special assembly under this contract contains costs or charges for royalties totaling more than $250, the following information shall be furnished with the offer, proposal, or quotation on each separate item of royalty or license fee: 7-1701.13 Convict Labor. Insert the clause in 7-104.17. 7-1701.14 Contract Work Hours and Safety Standards Act-Overtime Compensation. In accordance with 12-301, 12–302, and 12-306, insert the clauses in 7-103.16. 7-1701.15 Equal Opportunity. In accordance with 12-807.1, insert the applicable clause in 7-103.18. 7-1701.16 Access. ACCESS (1971 APR) (a) Subject to military security regulations, the Government shall permit the Contractor access at all reasonable times to contractor furnished facilities, provided that if by reason of military necessity the Government is unable to permit access, the Government at its own risk and expense shall maintain these facilities and the Contractor shall not be responsible for the service involving any of these facilities during the period of nonaccess, unless the service failure results from the Contractor's fault or negligence. (b) During periods when Contractor access is not permitted, cost attributable to loss of or damage to the equipment due to the fault or negligence of the Government shall be reimbursed to the Contractor at mutually acceptable rates. Failure to agree shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract. (End of clause) 7-1701.17 Amendment of Contract. AMENDMENT OF CONTRACT (1971 APR) Upon thirty (30) days written notice, either party may request reconsideration of this contract for the purpose of revision to conform with requirements of law or to provide for mutually acceptable changes. (End of clause) 7-1701.18 Obligation of the Government. OBLIGATION OF THE GOVERNMENT (1971 APR) The Government incurs no monetary liability under this instrument. The Government's liability shall arise, if appropriate, upon the issuance of a CSA pursuant to the terms of this instrument. (End of clause) 7-1701.19 Affirmative Action for Disabled Veterans and Veterans of the Viet- | nam Era. Insert the clause in 7-103.27. 7-1701.20 Affirmative Action for Handicapped Workers. Insert the clause in 7-103.28. 7-1701.21 Clean Air and Water. In accordance with 1-2302.2, insert the clause in 7-103.29. 7-1701.21 ARMED SERVICES PROCUREMENT REGULATION |