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CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(b) The following clause may be used when delivery by a particular time is necessary to meet the Government's requirements and the delivery schedule is to be based on the date of the contract.

TIME OF DELIVERY (1974 APR)

(a) Delivery is REQUIRED to be made in accordance with the following schedule:

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Bids offering delivery of each quantity within the applicable delivery period specified above will be evaluated equally as regards time of delivery. Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable delivery period specified above will be considered nonresponsive and will be rejected. When a bidder offers an earlier delivery schedule than that called for above, the Government reserves the right to award either in accordance with the REQUIRED schedule or in accordance with the schedule offered by the bidder. If the bidder offers no other delivery schedule, the delivery schedule stated above shall apply.

BIDDERS PROPOSED DELIVERY SCHEDULE

(To be Completed by Bidder)
ITEM NO.
QUANTITY

TIME
(within the number of days stated
below after date of contract.)

(6) Attention is directed to paragraph 10(d) of the Solicitation Instructions and Conditions, which provide that a written award mailed or otherwise furnished to the successful bidder results in a binding contract. Any award hereunder, or a preliminary notice thereof, will be mailed or otherwise furnished to the bidder the day the award is dated. Therefore, in computing the time available for performance, the bidder should take into consideration the time required for the notice of award to arrive through the ordinary mails. However, a bid offering delivery based on date of receipt by the Contractor of the contract or notice of award (rather than the contract date) will be evaluated by adding five days for delivery of the award through the ordinary mails. If, as so computed, the delivery date offered is later than the delivery date required in the invitation, the bid will be considered nonresponsive and rejected.

(End of clause)

(c) The following clause may be used when delivery by a certain time is DESIRED, but not essential, and delivery by a specified later time is necessary to meet the Government's requirements and the delivery schedule is to be based on the date of the contract:

TIME OF DELIVERY (1974 APR)

(a) Delivery is DESIRED by the Government in accordance with the following schedule:

ITEM NO.

QUANTITY.

TIME
(within the number of days stated
below after date of contract.)

7-104.92
ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

If the bidder is unable to meet the above delivery schedule, he may, without prejudice to the evaluation of his bid, set forth his Proposed Delivery Schedule below but such delivery schedule must NOT extend the delivery period beyond the time for delivery called for in the following REQUIRED delivery schedule set forth below:

REQUIRED DELIVERY SCHEDULE
ITEM NO.
QUANTITY

TIME
(within the number of days stated
below after date of contract.)

Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable REQUIRED delivery period specified above will be considered nonresponsive and will be rejected.

If the bidder does not propose a different delivery schedule, the Government's DESIRED delivery schedule shall apply.

BIDDERS PROPOSED DELIVERY SCHEDULE

(To be completed by Bidder)
ITEM NO.
QUANTITY

TIME
(within the number of days stated
below after date of contract.)

(b) Attention is directed to paragraph 10(d) of the Solicitation Instructions and Conditions, which provides that a written award mailed or otherwise furnished to the successful bidder results in a binding contract. Any award hereunder, or a preliminary notice thereof, will be mailed or otherwise furnished to the bidder the day the award is dated. Therefore, in computing the time available for performance, the bidder should take into consideration the time required for the notice of award to arrive through the ordinary mails. However, a bid offering delivery based on date of receipt by the Contractor of the contract or notice of award (rather than the contract date) will be evaluated by adding five days for delivery of the award through the ordinary mails. If, as so computed, the delivery date offered is later than the delivery date required in the invitation, the bid will be considered nonresponsive and rejected.

(End of clause)

(d) The time for delivery may also be expressed as follows in lieu of “within the number of days stated below after date of contract" as shown in the clauses in (a) and (b) above:

(i) "On (on or before) the date(s) specified below."
(ii) “Within the number of days stated below after the date of receipt of

a written notice of award."
(iii) “Within the periods specified below." (Note: When this phrase is in-

serted, the wording “during the month(s) of .................." or "not sooner than ..................... and not later than ..................." should be used to specify the periods.)

7-104.92

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(e) When the delivery schedule is in terms of specific calendar dates ((d)(1) or (d)(3) above), invitations for bids shall include one of the following paragraphs in lieu of (b) of the clauses in (b) and (c) above:

(1)(b) The foregoing delivery requirements are based on the assumption that the Gover

ment will make award by purchasing activity, insert calendar date). Each delivery date in the delivery schedule set forth herein will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to paragraph 10(d) of the Solicitation Instructions and Conditions, which provides that a written award mailed or otherwise furnished to the successful bidder results in a binding contract. Therefore, in computing the available time for performance, the bidder should take into consideration the time required for notice of award to arrive through the ordinary mails. (1974 APR)

(2)(b) The foregoing delivery requirements are based on the assumption that the successful

bidder will receive the notice of award by (purchasing activity, insert calendar date). The Government will extend each delivery date in the delivery schedule set forth herein by the number of calendar days after the above date that the Contractor receives notice of award; provided, that the Contractor promptly acknowledges such receipt. (1974 APR)

(f) When the delivery schedule is based on the date of receipt of a written notice of award ((d)(ii) above), paragraph (b) of the clauses in (b) and (c) above shall be deleted.

7-104.93 Preference for Domestic Specialty Metals.

(a) The following clause shall be included in all contracts over $10,000 that call for the delivery to the Government of an article containing specialty metals within the following six major classes of programs: aircraft, missile and space systems, ships, tank-automotive, weapons and ammunition.

I

PREFERENCE FOR DOMESTIC SPECIALTY METALS (MAJOR PROGRAMS) (1974 APR)

(a) The Contractor agrees that any specialty metals (as hereinafter defined) incorporated in articles delivered under this contract will be melted in the United States, its possessions, or Puerto Rico; provided, that this clause shall have no effect to the extent that the Secretary or his designee has determined as to any such articles that a satisfactory quality and sufficient quantity cannot be procured as and when needed at United States market prices. (b) For the purposes of this clause, the term “specialty metals" means:

(i) steels, where the maximum alloy content exceeds one or more of the following limits:

manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent or which contains more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadi

um; (ii) metal alloys consisting of nickel, iron-nickel and cobalt base alloys containing a total

of other alloying metals (except iron) in excess of ten percent (10%); (iii) titanium and titanium alloys; or

(iv) zirconium and zirconium base alloys. (c) The Contractor agrees to include this clause, including this paragraph (c), in every subcontract or purchase order issued hereunder unless he knows that the item being purchased contains no specialty metals.

(End of clause)

7-104.93

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

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(b) The following clause shall be included in all contracts over $10,000, other than those covered by the clause in paragraph (a), calling for the delivery of an article that contains specialty metals.

PREFERENCE FOR DOMESTIC SPECIALTY METALS (1972 NOV)

(a) The Contractor agrees that any specialty metals (as hereinafter defined) furnished by it or purchased by it for direct incorporation in any article delivered to the Government under this contract shall have been melted in the United States, its possessions, or Puerto Rico, provided that this clause shall have no effect to the extent that the Secretary or his designee determines, as to any such articles, that a satisfactory quality and sufficient quantity cannot be procured as and when needed at United States market prices. (b) For the purposes of this clause, the term “specialty metals" means:

(i) steels, where the maximum alloy content exceeds one or more of the following limits:

manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent or which contains more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadi

um;
(ii) metal alloys consisting of nickel, iron-nickel and cobalt base alloys containing a total

of other alloying metals (except iron) in excess of ten percent (10%);
(iii) titanium and titanium alloys; or
(iv) zirconium and zirconium base alloys.

(End of clause)

7–104.94 Capture and Detention. In accordance with 10_406, insert the following clause.

CAPTURE AND DETENTION (1968 JUN) (a) As used in this clause: (1) "captured person" means any employee of the Contractor(i) who is assigned to duty outside the United States for the performance of this con

tract, and (ii) who is found to be missing from his place of employment under circumstances that

make it appear probable that his absence is due to the action of the force of any power not allied with the United States in a common military effort, or who is known

been taken prisoner, hostage or otherwise detained by the force of any such power, whether or not such person is actually engaged in his employment at the time of capture; provided that at the time the person was captured and detained that the person was either: (A) engaged in activity directly arising out of the course of his employment under

this contract, or (B) captured in an area in which the captured person was present only because such

presence was required in order to perform this contract; (2) a "period of detention" begins with the day of capture and continues until the captured person is returned to his place of employment, or to the United States, or is able to be returned to the jurisdiction of the United States, or until his death is in fact established or legally can be presumed to have occurred by evidence satisfactory to the Contracting Officer, whichever shall occur first;

(3) "United States" comprises geographically the fifty states and the District of Columbia;

and

(4) “War Risk Hazards Compensation Act" refers to the statute compiled in Chapter 12 of Title 42 U.S. Code (Sections 1701 - 1717), as amended.

(b) If pursuant to an agreement entered into prior to the capture, the Contractor is obligated to pay and shall have paid benefits to a captured person, or his dependents, on account of his detention, the Government will reimburse the Contractor for such payments up to an amount which

7-104.94

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

will equal the lesser of (i) the total wage or salary (computed at the rate being paid at the time of capture) due from the Contractor to the captured person for the period of detention, or (ü) that amount which would have been payable to such person if the detention had occurred under circumstances wherein the benefit provisions of the War Risk Hazards Compensation Act would have been applicable.

(c) The period of detention shall not be considered as time spent in the performance of this contract, and the Government shall not be obligated to make payment under this contract on account of such person for the period of the detention except as provided in this clause.

(d) The obligation of the Government to make payments provided for by this clause shall be applicable to the entire period of detention except that it is expressly conditioned upon and subject to the availability of funds from which payment can be made. The rights and obligations of the parties under this clause shall survive the earlier expiration, completion or termination of this contract.

(e) The Contractor shall not be reimbursed under the provisions of this clause for payments made to employees for a period of detention during which the employees were entitled to compensation for capture and detention under the War Risk Hazards Compensation Act, as amended.

(End of clause)

7-104.95 Preference for United States Flag Air Carriers. In accordance with 1-336.1(b), insert the following clause.

PREFERENCE FOR UNITED STATES FLAG AIR CARRIERS (1975 NOV)

(a) Public Law 93-623 requires that all Federal agencies and Government Contractors and subcontractors will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroller General of the United States shall disallow any expenditure from appropriated funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor.

(b) The Contractor agrees to utilize U.$. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available.

(c) In the event that the Contractor selects a carrier other than a U.S. flag air carrier for international air transportation, he will include a certification on vouchers involving such transportation which is essentially as follows:

CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERS
I hereby certify that transportation service for personnel (and their personal effects)
or property by certificated air carrier was unavailable for the following reasons:*
(state reasons)

(end of certification)

(d) The terms used in this clause have the following meanings:

(i) International air transportation" means transportation of persons (and their personal

effects) or property by air between a place in the United States and a place outside

thereof or between two places both of which are outside the United States. (ii) “U.S. flag air carrier" means one of a class of air carriers holding a certificate of

public convenience and necessity issued by the Civil Aeronautics Board, approved by the President, authorizing operations between the United States and/or its territories

and one or more foreign countries. (iii) The term United States" includes the fifty states, Commonwealth of Puerto Rico,

possessions of the United States and the District of Columbia. (e) The Contractor shall include the substance of this clause, including this paragraph (e) in each subcontract or purchase hereunder which may involve international air transportation.

*(See Armed Services Procurement Regulation 1-336.2 and Federal Procurement Regulation 41 CFR 1-1.323-3.)

(End o clause)

7-104.95
ARMED SERVICES PROCUREMENT REGULATION

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