Page images
PDF
EPUB
[ocr errors]

CONTRACT CLAUSES AND SOLICITATION PROVISIONS 71702.17 Rights in Data. In accordance with 7-104.9, insert the appropriate clause, or clauses, therein.

7-1702.18 Cost Accounting Standards. In accordance with 3-1204, insert the clauses in 7-104.83.

71702.19 Privacy Act. In accordance with 1-327.1, insert the clause in 7-104.96.

7-1702.20 Preference for Domestic Specialty Metals. In accordance with 7-104.93, insert the applicable clause therein.

7-1702.21 Exclusionary Policies and Practices of Foreign Governments. In accordance with 6-1312, insert the clause in 7-104.97.

7-1703 Clauses To Be Used When Special Construction Charges Are Expected. Insert the following clauses in contracts with common carriers whenever it is expected that in order to secure the services and facilities it will be necessary for the Government to reimburse the contractor for, or to assume a contingent termination liability for, all or part of the costs of constructing or providing the facilities or equipment. If the necessity of paying such charges or of assuming such a liability arises subsequent to the execution of the contract, these clauses shall be included in the contract by supplemental agreement. With the exception of the clauses prescribed by 7-1703.1 and 7-1703.2, 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.

7-1703.1 Labor Standards for Construction Work. Except as provided in 18–703.3 and 18–703.4 when the special construction involves construction (as defined in 18-101.1) of a public building or public work, and under 12-106 the construction labor standards are applicable (see 22-1010.2), insert the clause in

[ocr errors]

71703.2 Buy American - Construction Contracts. In accordance with 7-602.20 and 7-602.24, insert the clauses therein whenever the contract involves construction (as defined in 18–101.1).

7-1703.3 Special Construction and Equipment Charges.

SPECIAL CONSTRUCTION AND EQUIPMENT CHARGES (1971 APR)

(a) Except to the extent provided in the clause of this contract entitled "Cancellation or Termination of Orders," the Government shall not directly reimburse the Contractor for charges based on the cost of constructing any facilities or providing any equipment unless such direct reimbursement is specifically authorized by the Contracting Officer. If, at any time, facilities or equipment for which the Government has directly reimbursed the Contractor in whole or in part are discontinued, the Contractor shall allow the Government such credit as may be appropriate for the value of the facilities or equipment attributable to the Government's contribution. The value of the facilities and equipment shall be determined on the basis of the foreseeable reuse of the facilities and equipment by the Contractor at the time their use is discontinued or on the basis of the net salvage value, whichever is greater. The Contractor shall promptly pay the Government the amount of any such credit.

(b) The amount of any direct special construction charge shall not exceed the actual costs to the Contractor, properly allocable to the services to be provided to the Government, of specially constructing or providing the facilities or equipment involved. In no event shall the amount of any direct special construction charge include costs incurred by the Contractor which are covered by a cancellation or termination liability or by the Contractor's recurring or other nonrecurring charges. The Contractor represents that in establishing his recurring charges for the services, facilities and equipment involved, he has not included in his rate base any costs for which he has been reimbursed by the Government and that depreciation charges are based only on the cost of

7-1703.3

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

facilities and equipment paid by the Contractor and not reimbursed by the Government. If, due to circumstances beyond the control and without the fault of the Contractor, it becomes necessary for the Contractor to incur costs for the replacement of any facilities or equipment for which direct special construction charges were assumed by the Government or for which the Contractor was reimbursed by the Government beyond that provided as a part of the Contractor's recurring charges, the Government shall assume such costs or reimburse the Contractor for such replacement costs at rates mutually acceptable to both the Government and the Contractor. Prior to incurring such costs, the Government shall have the right to terminate such service in accordance with the clause entitled "Cancellation or Termination of Orders."

(End of clause)

7-1703.4 Title to Communication Facilities and Equipment.

TITLE TO COMMUNICATION FACILITIES AND EQUIPMENT (1971 APR)

Notwithstanding payment by the Government of any of the Contractor's costs of constructing communication facilities and equipment, title to all contractor furnished facilities and equipment used in providing communication services ordered under this contract shall remain in the Contractor except as may be specifically provided in a CSA issued and accepted hereunder, and the Contractor shall operate and maintain all such communication facilities and equipment.

(End of clause)

7-1703.5 Subcontracts. In accordance with the requirements of 23–201, insert an appropriate clause entitled Subcontracts.

7-1703.6 Equal Opportunity Pre-Award Clearance of Subcontracts. In accordance with 23-201.4, insert the clause in 7-104.22.

7-1703.7 Minority Business Enterprises. In accordance with 1-332, insert the appropriate clause or clauses in 7-104.36.

7-1703.7

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

Part 18—Refuse Services Contracts 7-1800 Scope of Part. This Part sets forth uniform clauses for refuse services contracts (see Section XXII, Part 8). These clauses are to be used in addition to other required or applicable clauses set forth in Part 19 of this Section.

7-1801 Required Clauses. The following clauses shall be inserted in all refuse services contracts.

7-1801.1 Refuse Services Definitions.

REFUSE SERVICES DEFINITIONS (1971 NOV)
As used throughout this contract, the following terms shall have the meanings set forth below.

(a) Refuse" includes all garbage, ashes, debris, rubbish and other similar waste material. Not included are explosive and incendiary waste and contaminated waste from medical and radiological processes.

(1) “Garbage" means animal and vegetable waste (and containers thereof) resulting from the handling, preparation, cooking, and consumption of foods. Edible, or hogfood, garbage is the portion of waste food which has been segregated for salvage.

(2) “ Ashes" means the residue from burned wood, coal, coke, and other combustible material.

(3) Debris" means grass cuttings, tree trimmings, stumps, street sweepings, roofing and construction wastes, and similar waste material.

(4) “Rubbish" means a variety of unsalvable waste material such as metal, glass, crockery, floor sweepings, paper, wrappings, containers, cartons and similar articles not used in preparing or dispensing food. Rubbish is further subdivided into:

(i) “Combustible rubbish" which can be burned readily in an incinerator or burning pit;

and (ii) “Noncombustible rubbish," which cannot be burned at ordinary incinerator tempera

tures (800 to 1,800 degrees F.). (b) “Receptacles" or "Containers" means cans, drums, bins, or similar receptacles which can be handled easily, and multiple containers which are handled by mechanical truck-mounted hoists.

(c) Refuse Collection" means a system of transporting refuse, including nonaccountable salvage, from pickup stations to points of disposal. It includes hauling garbage to the transfer station when required by the terms of a salvage contract.

(1) “Collection" means the accumulated refuse from any one unit at any one time, regardless of the number of cartons or bundles.

(2) “Pickup Stations" means designated locations where refuse may be conveniently and efficiently assembled and stored in containers for collection.

(End of clause)

7-1801.2 Subcontracting. Insert the clause in 7-1201.8.
7-1802 Clause To Be Used When Applicable.
7-1802.1 Scope of Contract-Refuse Services.

(a) Insert the following clause when applicable in refuse services contracts. The clause may be modified to meet local conditions and requirements.

SCOPE OF CONTRACT (1971 NOV)

(a) The Contractor shall furnish all labor, tools, materials, equipment and supervision necessary for the performance of all operations incidental to the collection and disposal of refuse generated at the installation or area defined in the Schedule.

(b) The Contractor's duties and responsibilities, in addition to those specified in the Schedule, are as follows:

(1) Removal and Disposal. All refuse in the containers shall be collected on those days as indicated in the Schedule. All other loose refuse, such as cardboard boxes, cartons, bundled and

7-1802.1

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

tied newspapers and magazines, tree branches and packing containers, etc., which are placed adjacent to the containers shall be picked up by the Contractor. Any spillage of refuse in course of the handling operation shall be cleaned up immediately by the Contractor. Refuse containers when emptied shall be returned to their original position with the lids replaced thereon. All refuse collected shall be hauled in suitable vehicles and disposed of in the manner elsewhere provided herein.

(2) Compliance with Laws and Regulations. The Contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the collection, transportation, and disposal of refuse and shall obtain such permits, licenses or other authorizations as may be required.

(End of clause)

(b) The following paragraph shall be added as paragraph (c) to the clause in (a) above for requirements contracts.

(c) (1) Accurate operating records shall be kept for each truck or other vehicle on such forms as may be provided by the Contracting Officer and the records shall show total collections in terms of either cubic yards, tons or receptacles as may be determined by the Contracting Officer.

(2) The reports shall show the number of loads, the number of cubic yards per load, tons of refuse per load, or receptacles per load on the truck prior to final disposal. The report shall be certified by the .................* and the authorized representative of the Contractor. If the unit of measure for payment is expressed in tons, each daily report shall be accompanied by a certified weight certificate for each truck load, indicating both the weight of the vehicle empty and the weight of the vehicle loaded. One copy of each report shall be retained by the Contractor and the original shall be retained by the Contracting Officer.

(3) The Contractor shall furnish such reports relating to labor statistics as the Contracting Officer may direct. (1971 NOV).

*Identify the Government representative who will be responsible for certifying as to the accuracy of the report.

7-1802.1

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

Part 19-Service Contracts

7-1900 Scope of Part. This Part sets forth uniform contract clauses for service contracts as defined in 7-1901.

7-1901 Applicability.

(a) As used throughout this part, the term “service contract" means any contract entered into either by formal advertising or negotiation which calls directly for a contractor's time and effort rather than for a concrete end product. See 22-101(a). (b) Service contracts are generally found in areas involving the following: (i) maintenance, overhaul, repair, servicing, rehabilitation, salvage, and

modernization or modification of supplies, systems and equipment; (ii) maintenance, repair, rehabilitation, and modification of real proper

ty; (iii) installation of equipment obtained under separate contract; (iv) operation of Government-owned equipment, facilities, and systems; (v) engineering and technical services; (vi) housekeeping and base services; (vii) transportation and related services; (viii) training and education; (ix) photographic, printing and publication services; (x) mortuary services; (xi) test services; (xii) data processing; (xiii) warehousing; and

(xiv) stevedoring.

(c) Clauses applicable to service contracts in general appear in this part. Additional clauses for special types of service contracts appear in other parts of this section. “Service contracts," as used herein, does not include purchase orders (but see 7-1903.12 and 7-1903.13), short form negotiated supply and service contracts (see 16–102.2(c)), letter contracts (but see 7-802 and 3-408(a)), notices of award, or supplemental agreements which do not effect new procurement. This term does not include contracts for construction of buildings, bridges, roads, or other kinds of real property, contracts for architect or engineer services, contracts for experimental, developmental or research work, contracts for facilities provided by the Government under facilities contracts as defined in 7-701 and Section XIII, or any other contracts for which these clauses are not appropriate. However, there are service contracts in which performance involves construction, research and development, or other specified factors. In such cases, see the particular parts of this section containing additional applicable clauses. When a contract is partly a firm fixed price contract and partly a fixed price incentive contract, the clauses required for both types of contracts shall be included. When any provision is applicable only to firm fixed price items, or only to items subject to incentive price revision, such provision shall be so labeled.

7-1902 Required Clauses for Fixed Price Service Contracts. The following clauses shall be inserted in all fixed price service contracts, unless otherwise provided elsewhere in this section for specific types of services.

7-1902.1 Definitions. In accordance with 7-103.1, insert the clause therein.

7-1902.1

ARMED SERVICES PROCUREMENT REGULATION

« PreviousContinue »