shown on the contract and the assumed port of export. (7) The total amount of funds to be obligated will be the figure found by adding the total cost of the supplies ordered, the estimated or actual export packing charges, the estimated ocean freight costs, and the estimated inland freight costs, if any. (d) Distribution. The purchase order shall be prepared with sufficient copies to permit the following execution and distribution: (1) Post fiscal office, original (manually signed by ordering and fiscal officers) and 1 copy. (2) Contractor, 2 copies (both manually signed by ordering officer). (3) U.S. Despatch Agent, 2 copies (1 copy manually signed by ordering and fiscal officers). (a) Submit an original and two copies of the invoice. (b) The invoice shall be prepared to conform with the purchase order, showing number and date of order, date of delivery, description of each item, quantity, unit cost and total amount. (c) The invoice should also bear an invoice number or identification to enable positive and immediate association with the related payment check which will be accompanied by one copy of the invoice. (d) Show parcel post charges, if any, as a separate item on the invoice, indicating the gross weight and shipping point. (Prepaid freight or express charges must be supported by the original freight or express receipts.) (e) Show terms or cash discounts on the invoice, even if the terms are net. (f) Include in invoice: Proper post designation (Embassy, etc.) and address shown on the post's purchase order in space "This Document Prepared at ***.” (g) Payment for materials and supplies cannot be made in advance. 99-190-69- -3 2. If, by terms of the contract, inland transportation is not the responsibility of vendor and he is unwilling to add such charges to the invoice, he should request of the U.S. Despatch Agent a bill of lading to cover the shipment. (2) Shipping instructions. Foreign Service Post-. EXPORT PACKING SPECIFICATIONS Packing box shall be of solid construction in accordance with best commercial practices and sufficiently strong in direct ratio to the weight of the contents to withstand excessively rough handling while in transit overseas. It shall be constructed of lumber that is well seasoned, reasonably sound, free from bad cross-grain and from knots or knotholes that interfere with mailing or that occupy more than 3 of the width of the piece of lumber. Box shall be constructed with three-way corners and diagonal bracing. All nails shall be cementcoated, of correct size and properly spaced to avoid splitting or warping, and shall be driven into the grain of the wood. Dimensions of lumber shall be in accordance with the following table, dependent upon the weight of the contents: Box shall be lined with waterproof paper and shall be bound with 3/4" steel straps firmly stapled in position to prevent slipping off the box. Articles must be secured and braced inside the shipping container to prevent shifting. Packing cases weighing 1000 pounds and more must be equipped with skids. Each skid shall consist of two end sections of 2 x 6-inch lumber placed flat and a center section of 2 x 4-inch lumber placed flat and then arranged in line to provide 10-inch forklift spaces between center and end sections. When goods are ready for shipment, prepare four (4) copies of a packing list and notify the U.S. Despatch Agent, 45 Broadway, New York 8, N.Y., by sending him three (3) copies of the packing list indicating case number, itemized list of contents, net and gross weights in pounds and kilograms and outside dimension-including all clears-of each shipping container. The fourth copy shall be placed in the packing case number one, and this container shall be marked so that it is easily identified by the consignees. Upon receipt of the packing list the Despatch Agent will furnish export marks and instructions regarding shipment to port specified depending upon steamer services available at the time. The export marks shall be stenciled on one side of each box reserved for that purpose and the appropriate case number stenciled in the lower left-hand corner, the purchase order number, net and gross weights in pounds and kilos shall be stenciled. (One kilogram equals 2.2046 pounds avoirdupois.) If the size of the box is too small to accommodate all stenciling on one side, the purchase order number and the weights may be stenciled on the side opposite that used for the export marks and case number. The purchase order number must appear on all containers and papers relating to this order. (3) Excise tax exemption statement for vendors. EXCISE TAX EXEMPTION STATEMENT FOR VENDORS Foreign Service Post Purchase Order No. This is to certify that the item(s) covered by this purchase order is/are for export solely for the use of the American Foreign Service post shown above. It is, therefore, requested that the extra signed copy of the purchase order furnished herewith be accepted as evidence of intent to export. Final proof of exportation may be obtained from the U.S. Despatch Agent, 45 Broadway, New York 6, N.Y., such proof to be accepted in lieu of payment of excise tax. (f) Billing. Invoices should be submitted as follows: (1) Vendors should submit invoices directly to the ordering post in accordance with the "Instructions to Vendors." (2) The U.S. Despatch Agent will prepare and submit to the Department, Office of Finance, all vouchers covering expenses incurred by him related to shipments to the ordering post. A liquidating document showing any packing and inland freight charges, and ocean freight charges, will be sent by the Department, Office of Finance, to the post. (g) Payment. Upon receipt of the vendor's invoice and a copy of the purchase order from the U.S. Despatch Agent showing receipt of the supplies by the Government, the post shall prepare a Treasury check in the amount of the invoice payable to the vendor and mail it to the vendor at the address shown on the invoice. Payment of these invoices should be expedited by posts since the prompt payment discount period commences when the supplies are received by the U.S. Despatch Agent for the Government. (a) Foreign end products and services may be procured, without regard to §§ 1-6.804 and 1-6.806 of this title, as follows: (1) Where the estimated cost of the product does not exceed $1,000 rather than $2,500 as permitted in § 1-6.805(a) (2) of this title. (2) Service exceptions under § 1– 6.805(a) (5) of this title shall include any service for which a determination is made that more than 25 percent of the cost of the service (including incidental supplies used in connection therewith) would be due to performance which could not feasibly be carried out in the United States. (3) The Department has determined that, for procurements where the domestic cost is estimated not to exceed $10,000 and the difference between the domestic cost and the foreign cost is determined to be more than 50 percent of the foreign cost, an exception exists. The Chief, Supply and Transportation Services Division, is designated as the determining official where the domestic cost is estimated to exceed $10,000 and the difference between the domestic cost and foreign cost is determined to be more than 50 percent of the foreign cost. (4) Individually excepted products for procurement from sources outside the United States are: (i) Fuel; (ii) Petroleum products; (iii) Parts for foreign origin equipment. (b) The determinations required by § 1-6.805 (a) (3), (4), and (5) of this title shall be made: (1) For domestic procurement, by the Chief, Supply and Transportation Services Division, upon the basis of findings, forwarded by the procuring activity; (2) For post local and direct United States procurement, by the Principal Officer or his designee; (3) For third country procurement, by the Principal Officer (or his designee) of the requesting post. The clauses in this § 6-7.101 shall be used in lieu of the related clauses in § 1-7.101 in procurement by fixed price contracts outside the United States: Provided, however, That any clause in § 6-7.101 or § 1-7.101 need not be used if its use is prohibited by local laws or regulations, is contrary to local custom or practice or would be detrimental to the interests of the Government through increased costs or other reasons. Whenever a clause is not used, the contract file must contain a signed statement justifying such action. § 6-7.101-1 Definitions. DEFINITIONS As used throughout this contract, the following terms shall have the meanings set forth below: (a) The term "Government" means the Government of the United States of America. (b) The term "head of the agency" or "Secretary" as used herein means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant head of the Government department or agency; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary. (c) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or (1) If the Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or (ii) If the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (b) In the event the Government terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Government for any excess costs for such similar supplies or services: Provided, That the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. (c) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule. (d) If this contract is terminated as provided in paragraph (a) of this clause, the Government, in addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting Officer, (i) any completed supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, draw ings, information, and contract rights (hereinafter called "manufacturing materials") as the Contractor has specifically produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepted by the Government shall be at the contract price. Payment for manufacturing materials delivered to and accepted by the Government and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting Officer; failure to agree to such amount shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (e) If, after notice of termination of this contract under the provisions of paragraph (a) of this clause it is determined that the failure to perform this contract is due to causes beyond the control and without the fault or negligence of the Contractor or subcontractor pursuant to the provisions of paragraph (c) of this clause, such notice of default shall be deemed to have been issued pursuant to the clause of this contract entitled "Termination for Convenience of the Government," and the rights and obligations of the parties hereto shall in such event be governed by such clause. (Except as otherwise provided in this contract, this paragraph (e) applies only if this contract contains such clause.) (f) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. (a) The disputes clause in § 1-7.10112 of this title will be incorporated in all contracts and grant agreements awarded and performed within the United States, or awarded to U.S. Nationals but performed outside of the United States, or performed outside of the United States by persons or business entities which have a place of business within the United States. Appeals resulting from disputes under this clause will be handled in accordance with Part 6-60 of this chapter. (b) Contracts other than those cited in § 6-7.101-12(a) will incorporate the following disputes clause: DISPUTES (a) Except as otherwise provided in this contract, any dispute arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Deputy Under Secretary of State for Administration whose decision shall be final and conclusive. Pending final decision of a disptue hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) Within 30 days after receipt of a notice of appeal received under the disputes clause in 6-7.101-12 (b), the Contracting Officer will submit the notice of appeal and the contract file, including the documents specified in 6-60.303-2, to the Deputy Under Secretary of State for Administration, attention L/O, for decision. [31 F.R. 6624, May 4, 1966] § 6-7.101-22 Federal, State, and local taxes. Except as may be otherwise provided in this contract, the contract price includes all taxes and duties in effect and applicable to this contract on the tax inclusive date, except taxes from which the Government, the Contractor, or the transactions or property covered by this contract are then exempt. Unless specifically excluded, duties are included in the contract price. § 6-7.101-28 Termination for convenience of the Government. TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT The Government shall have the right to terminate this contract at any time by giving written notice to the Contractor not less than 10 days prior to the effective date of termination. Should this contract be terminated pursuant to this clause prior to the date it would otherwise expire, the following shall apply: (a) The Government shall complete all payments which shall then be due. (b) The Contractor shall deliver to the Government all work in process under this contract requested by the Government. (c) The Government shall pay to the Contractor any sum which is determined by the Contracting Officer as equitable for any work in process, which sum shall include any costs incurred by the Contractor in terminating any subcontract. (d) Should the Contractor be unwilling to accept the sum so determined by the Contracting Officer the matter shall be treated as a dispute concerning a question of fact within the meaning of the clause entitled "Disputes" in the General Provisions. § 6-7.150 Additional required clauses. The clauses in this § 6-7.150 shall be used in procurement by fixed price contracts outside the United States provided, however that any clause in § 67.150 need not be used if its use is prohibited by local laws or regulations, is contrary to local customs or practice or would be detrimental to the interests of the Government through increased costs or other reasons. Whenever a clause is not used, the contract file must contain a signed statement justifying such action. § 6-7.150-1 Government saved harmless. GOVERNMENT SAVED HARMLESS The Contractor shall hold and save the Government, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for or on account of any or all suits or damages of any charatcer whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract. § 6-7.150-2 Prohibition against items originating in certain areas. No supplies, equipment or services originating in China Mainland (including Singkiang, Manchuria and Tibet), North VietNam, North Korea or Cuba may be used in the performance of this contract. The contractor agrees to insert the aforegiven provision of this clause in all subcontracts hereunder. § 6-7.151 Optional clauses. The clauses set forth in this § 6-7.151 may be used when applicable to specific procurements, and may be modified when required. § 6-7.151-1 Security requirements. PERSONNEL The contractor agrees, if requested, to furnish the Government with the name, date and place of birth, current address, and such other biographical information as is readily available to the Contractor, concerning any individual before permitting such individual to be used in the performance of this contract. The Contractor further agrees to permit only those individuals approved by the Government to be used in the performance of this contract. § 6-7.151-2 Notice. NOTICE Any order, notice, or request, relating to this contract given by either party to the other shall be in writing, and mailed, or delivered by hand, to the party entitled thereto at the address set forth herein. |