CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish those supplies or services when ordered by the Government. Delivery or performance shall be made to locations to be designated by the Government in orders issued in accordance with the clause entitled "Ordering" set forth in the Schedule. There shall be no limitation as to the number of orders which may be issued, subject to any limitations on quantities set forth in the clause of this contract entitled "Delivery Order Limitations," if any, or in the Schedule.

(c) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, and the rights and obligations of the Contractor and the Government respecting that order shall be governed by the terms of this contract as fully and to the same extent as if completed during the effective period of this contract, provided that the Contractor shall not be required to make any deliveries under this contract after ...(date).

(d) The Government may issue orders which require delivery to or performance at multiple destinations.

(End of clause)

7-1102.2 Requirements Contracts.

(a) Delivery Order Limitations. Insert substantially the clause in 7-1102.1(a), adding the following paragraph:

(d) The Government is not required to order a part of any one requirement from the Contractor when such requirement exceeds the maximum order limitations set forth in (b) above.

(b) Requirements.

REQUIREMENTS (1966 OCT)

(a) This is a requirements contract for the supplies or services specified in the Schedule, and for the period set forth therein. Delivery of supplies or performance of services shall be made only as authorized by orders issued in accordance with the clause entitled "Ordering." 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) Except as otherwise provided in this contract, the Government shall order from the Contractor all the supplies or services set forth in the Schedule which are required to be purchased by the Government activity identified in the "Ordering" clause.

(c) The Government shall not be required to purchase from the Contractor, requirements in excess of the limit on total orders under this contract, if any.

(d) Orders issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order, and the rights and obligations of the Contractor and the Government respecting those orders shall be governed by the terms of this contract to the same extent as if completed during the effective period of this contract, provided that the Contractor shall not be required to make any deliveries under this contract after .....(date)...........

(e) If delivery of any quantity of an item covered by the contract is required by reason of urgency prior to the earliest date that delivery may be specified under this contract and if the Contractor will not accept an order providing for the accelerated delivery, the Government may procure this requirement from another source.

(f) The Government may issue orders which provide for delivery to or performance at multiple destinations.

(g) Subject to any limitations elsewhere in this contract, the Contractor shall furnish to the Government all supplies and services set forth in the Schedule which are called for by delivery orders issued in accordance with the "Ordering" clause of this contract.

(End of clause)
7-1102.2

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(1) When it is desired to use a requirements contract for nonpersonal services and supplies incidental thereto, covering requirements estimated to be in excess of a specific activity's internal capabilities of performance, the following shall be inserted in paragraph (a) of the clause after the third sentence:

These quantities are not the total requirements of the activity named in the Schedule; they are estimates of requirements in excess of the quantities which such activity may itself furnish within its own capabilities.

Delete paragraph (b) of the clause and substitute the following:

(b) Except as otherwise provided in this contract, the Government shall order from the Contractor all the requirements for supplies and services of the Government activity named in the Schedule in excess of the quantities which the activity may itself furnish within its own capabilities.

(2) When subsistence requirements for both troop issuance and resale have been included in the same Schedule and it is contemplated that similar products will be procured on a “brand name" basis, include the following paragraph (h) in the clause set forth above:

(h) The requirements referred to in this contract are for items to be manufactured according to Government specifications, and notwithstanding anything to the contrary stated herein, the Government may procure similar products by "brand name" for resale purposes from other

sources.

(3) When a requirement type contract is used to procure work (e.g., repair, modification, overhaul) on existing items of Government property, it shall be specifically stated in the Schedule that failure of the Government to furnish such items in the amounts or quantities described as “estimated" or "maximum" in the Schedule will not entitle the contractor to any equitable adjustment in price under the "Government Property" clause of such contract.

(4) When a requirements contract involves a partial small business setaside or a labor surplus area set-aside, substitute the following for paragraph (b) of the above clause.

(b) Since the Government's requirements for each item or sub-item of supplies or services described in the Schedule are being procured through one non-set-aside contract and one setaside contract, the Government shall order from each Contractor approximately one half of the total of such supplies or services set forth in the Schedule which are required to be purchased by the Government activity identified in the "Ordering” clause of this contract. The Government may choose between the set-aside Contractor and the non-set-aside Contractor in placing any particular order. However, the Government shall so allocate successive orders, in accordance with its delivery requirements, as to maintain as close a balance as is reasonably practicable between the total quantities ordered from the two Contractors.

7-1102.2

ARMED SERVICES PROCUREMENT REGULATION

7:406-A

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(5) Under a multiyear acquisition using a modified requirements-type contract pursuant to 1-322.8, in the event the contract is awarded on the alternative multiyear basis, the following will be substituted for paragraph (a) of the clause.

(a) This is a requirements contract for the supplies or services specified in the schedule, and for the currently effective period set forth therein. Delivery of supplies or performances of services shall be made only as authorized by orders issued in accordance with the clause entitled "Ordering." 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 actual total requirements for each contract item for all program years do not result in orders in the amounts or quantities described in the schedule as the aggregate Best Estimated Quantity, such event shall constitute the basis for the payment of cancellation charges in accordance with the clause entitled "Cancellation of Items." However, such event shall not otherwise constitute the basis for price adjustment under this contract.

7-1102.2

ARMED SERVICES PROCUREMENT REGULATION

DAC #76-25

31 OCTOBER 1980

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(c) Area Requirements. A clause similar to the following may be used when it is not known where the supplies or services will be required.

AREA REQUIREMENTS (1965 AUG)

Each item is divided into two (2) sub-items. Sub-item A is for delivery of the item to destinations East of the Mississippi River within the continental United States. Sub-item B is for delivery of the item to destinations West of the Mississippi River within the continental United States, excluding Alaska. With respect to each item, the Government shall order, except as hereinafter set forth, all the purchase requirements of ..(activity) which are for delivery to any destination East of the Mississippi River, from the Contractor awarded sub-item A, and shall order all of its purchase requirements for delivery to any destination West of the Mississippi River from the Contractor awarded sub-item B.

(End of clause)

7-1102.3 Indefinite Quantity Contract.

(a) Delivery Order Limitations. Insert the clause in 7–1102.1(a). (b) Indefinite Quantity.

INDEFINITE QUANTITY (1965 AUG)

(a) This is an indefinite quantity contract for the supplies or services specified in the Schedule and for the period set forth therein. Delivery or performance shall be made only as authorized by orders issued in accordance with the "Ordering" clause of this contract. The quantities of supplies or services specified herein are estimates only and are not purchased hereby.

(b) The Contractor shall furnish to the Government, when and if ordered, the supplies or services set forth in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Orders issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order, and the rights and obligations of the Contractor and the Government respecting those orders shall be governed by the terms of the contract to the same extent as if completed during the effective period of this contract, provided that the Contractor shall not be required to make any deliveries under this contract after (date).

(d) The Government may issue orders which provide for delivery to or performance at multiple destinations.

(End of clause)

7-1102.4 Material Inspection and Receiving Report. Insert the clause in 7-104.62 except in negotiated subsistence acquisitions and contracts for tanker/barge shipments of bulk petroleum products.

7-1102.5 Limitation on Sales Commissions and Fees for Foreign Governments. In accordance with 6-1305.6, insert

the clause in 7-104.107.

7-1102.5

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

Part 12-Mortuary Services Contracts

7-1200 Scope of Part. This Part sets forth uniform contract clauses for mortuary services (care of remains) contracts (see Section XXII, Part 5). These clauses are to be used in addition to other required or applicable clauses set forth in Part 19 of this Section.

7-1201 Required Clauses for Other Than Port of Entry Requirements Contracts. The following clauses shall be inserted in all care of remains contracts except those for port of entry requirements.

7-1201.1 Requirements.

REQUIREMENTS (1965 OCT)

(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.

(End of clause)

7-1201.2 Contract Period.

CONTRACT PERIOD (1965 OCT)

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

through

(End of clause)

7-1201.3 Area of Performance.

AREA OF PERFORMANCE (1974 APR)

(a) The area of performance is specified in Attachment 1 to this contract. This contract includes taking possession of the remains at the place where they are located, transporting them to the Contractor'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.

(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.

7-1201.3

ARMED SERVICES PROCUREMENT REGULATION