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. al. (2) "Ashes" means the residue from burned wood, coal, coke, and other combustible materi (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 temperatures (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 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 (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 7:444 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-1902.2 Changes. Insert the following clause in all fixed price service contracts except stevedoring contracts. (See Part 10.) CHANGES (1971 NOV) The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this contract, in the definition of services to be performed, and the time (ie., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (End of clause) In the foregoing clause, the period of “30 days" within which any claim for adjustment must be asserted may be varied in accordance with Departmental procedures. In accordance with 10 U.S.C. 2306(f), prior to the pricing of any change order that is expected to exceed $100,000, except where the price is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the contracting officer shall require the contractor to furnish a Certificate of Current Cost or Pricing Data (see 3-807.6) and shall assure that the contract includes or is modified to include a defective pricing data clause (see 7-104.29) and the audit clause required by 7-104.41. 7-1902.3 Extras. Insert the clause in 7-103.3. 7-1902.4 Inspection of Services. INSPECTION OF SERVICES (1971 NOV) (a) All services (which term throughout this clause includes services performed, material furnished or utilized in the performance of services, and workmanship in the performance of services) shall be subject to inspection and test by the Government, to the extent practicable at all times and places during the term of the contract. All inspections by the Government shall be made in such a manner as not to unduly delay the work. (b) If any services performed hereunder are not in conformity with the requirements of this contract, the Government shall have the right to require the Contractor to perform the services again in conformity with the requirements of the contract, at no additional increase in total contract amount. When the services to be performed are of such a nature that the defect cannot be corrected by reperformance of the services, the Government shall have the right to (i) require the Contractor to immediately take all necessary steps to ensure future performance of the services in conformity with the requirements of the contract; and (ii) reduce the contract price to reflect the reduced value of the services performed. In the event the Contractor fails promptly to perform the services again or to take necessary steps to insure future performance of the services in conformity with the requirements of the contract, the Government shall have the right to either (i) by contract or otherwise have the services performed in conformity with the contract requirements 7-1902.4 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS and charge to the Contractor any cost occasioned to the Government that is directly related to the performance of such services; or (ii) terminate this contract for default as provided in the clause of this contract entitled "Default." (c) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services to be performed hereunder. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. (End of clause) 7-1902.5 Payments. In accordance with 7-103.7, insert the clause therein. 7-1902.6 Assignment of Claims. In accordance with 7-103.8, insert the clause therein. 7-1902.7 Federal, State, Local and Foreign Taxes. In accordance with 7-103.10, insert the appropriate clause therein. 7-1902.8 Default. In accordance with 7-103.11, insert the clause therein. 7-1902.9 Disputes. In accordance with 7-103.12, insert the appropriate clause therein. 7-1902.10 Renegotiation. In accordance with 7-103.13, insert the appropriate clause therein. 7-1902.11 Discounts. DISCOUNTS (1971 NOV) In connection with any discount offered, time will be computed from the date of completion of performance of the services or from the date correct invoice or voucher is received in the office specified by the Government, if the latter is later than date of completion of performance. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the Government check. (End of clause) When SF 33A is used, the above clause will be substituted for subparagraph (b) of clause 9, Discounts (see 16-101.1(ii)). 7-1902.12 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. 7-1902.13 Equal Opportunity. In accordance with 12-807.1, insert the applicable clause in 7-103.18. 7-1902.14 Officials Not To Benefit. Insert the clause in 7-103.19. 7-1902.15 Covenant Against Contingent Fees. Insert the clause in 7-103.20. 7-1902.16 Termination for Convenience of the Government. (a) Except in stevedoring contracts and except as provided in (b) below, insert the appropriate clause in 7-103.21. (b) If it has been reasonably determined that termination for convenience would not result in a claim for anything but the services rendered, the following clause may be used, regardless of contract amount, in lieu of any other termination for convenience clause. See 8-705.1(b). TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (1968 FEB) The Contracting Officer, by written notice may terminate this contract, in whole or in part, when it is in the best interests of the Government. If this contract is so terminated, the Govern 7-1902.16 ARMED SERVICES PROCUREMENT REGULATION |