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§ 1007.5003-8 Manuals, regulations, § 1007.5003-13 Assignment of claims.

technical orders, and specifications. MANUALS, REGULATIONS, TECHNICAL ORDERS, AND SPECIFICATIONS (JUNE 1958)

(a) All manuals, regulations, technical orders, and specifications, including amendments thereto, which are referred to in this contract are incorporated herein by reference. Copies of manuals, regulations, technical orders and specifications, and amendments thereto, referenced in this contract may be obtained from the Contracting Officer upon request.

(b) If directed in writing by the Contracting Officer, any amendment to manuals, regulations, technical orders or specifications or any additional manuals, regulations, technical orders or specifications which supersede, supplement, or are in addition to those referenced in (a) above shall be complied with and followed. If compliance with such amendment, or superseding or additional manuals, regulations, technical orders or specifications directed by the Contracting Officer shall cause a change in the Contractor's cost, it shall be a change within the meaning of the clause of this contract entitled "Changes."

[26 F.R. 12465, Dec. 27, 1961, as amended at 27 F.R. 3389, Apr. 10, 1962]

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Insert the clause set forth in § 7.103-1 of this title and add the following:

(d) The Food Service Officer, when performing his functions as indicated in this contract, is a representative of the Contracting Officer under (b) above.

§ 1007.5003-10 Changes.

Insert the clause set forth in §1007.4025 of this chapter.

§1007.5003-11 Inspection.

INSPECTION (JUNE 1958)

All services, materials, foods, facilities, fixtures and equipment used by or under the control of the Contractor shall be subject to inspection and tests by representatives of the Government at all times. The Contractor

will immediately remedy all conditions which are found by the Contracting Officer not to be in conformance with the requirements of this contract.

[26 F.R. 12465, Dec. 27, 1961, as amended at 27 F.R. 3389, Apr. 10, 1962]

§1007.5003-12 Payments.

PAYMENTS (JUNE 1958)

The Contractor shall be paid, upon the submission of invoices or vouchers, the prices stipulated in the Schedule for services performed in accordance with the terms of this contract, less deductions, if any, as herein provided.

[26 F.R. 12465, Dec. 27, 1961, as amended at 27 F.R. 3389, Apr. 10, 1962]

87159-63-20

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§ 1007.5003-21

Officials not to benefit.

Insert the clause set forth in §7.103-19 of this title.

§ 1007.5003-22 Covenant against contingent fees.

Insert the clause set forth in §7.103-20 of this title.

§ 1007.5003-23 Termination.

Insert the clause set forth in § 1007.2103-16 of this chapter.

§ 1007.5003-24 Subcontracts.

Insert the clause set forth in. §1007.4030(b) of this chapter.

§ 1007.5003-25 Utilization of small business concerns.

Insert the clause in § 1.707-3 of this title.

[27 F.R. 12213, Dec. 11, 1962]

§ 1007.5003-26 Notice to Government: of labor disputes.

Insert the clause set forth in § 7.104-4 of this title.

§ 1007.5003-27 Safety and accident pre-vention.

Insert the clause set forth in § 1007.4047 of this chapter.

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Insert the clause set forth in § 1007.4028 of this chapter.

§ 1007.5003-31 Use, conservation and responsibility for Government property.

USE, CONSERVATION, AND RESPONSIBILITY FOR GOVERNMENT PROPERTY (JUNE 1958)

(a) In the event the Air Force fixtures, facilities and equipment set forth in Exhibit A, or replacements for such equipment and facilities made necessary by fair wear and tear of the original facilities and equipment, are not available for use by the Contractor at the time or times required for the performance of the contract, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay occasioned the Contractor thereby, and shall equitably adjust the hours of operation or contract price or both and any other contractual provision affected by such delay, in accordance with the procedures provided for in the clause of this contract entitled "Changes."

(b) Except for the fixtures and facilities listed in Exhibit A, the Contractor, upon delivery to it of any Government-furnished property, assumes the risk of, and shall be responsible for, any loss thereof or damage thereto except for reasonable wear and tear, and except to the extent that such property is consumed in the performance of this contract. The Contractor shall use due care in the use of Government fixtures and facilities to prevent undue wear and breakage.

(c) Title to all Government-owned fixtures, facilities, and equipment used by the Contractor, and all materials and subsistence Issued to the Contractor, shall remain in the Government.

(d) The Food Service Officer shall be responsible for maintaining such records as are necessary in connection with Government fixtures, facilities and equipment made available to the Contractor for use.

(e) The Contractor shall be responsible for the proper conservation and use of all food, subsistence and materials issued to it by the Government and, except for normal spoilage and waste for this type of operation, shall be liable for any loss thereof except as such food, subsistence and materials are consumed in the performance of this contract.

(f) The Contractor shall inventory all fixtures, facilities, equipment, subsistence and materials quarterly and furnish the Con

tracting Officer a certified copy of such inventory.

NOTE: Subparagraph (f) is not to be included in contracts for food service attendants.

[26 F.R. 12465, Dec. 27, 1961, as amended at 27 F.R. 3389, Apr. 10, 1962]

§ 1007.5003-32 Insurance.

INSURANCE (JUNE 1958)

The Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under this contract:

(a) Workmen's Compensation insurance, or equivalent workmen's compensation coverage, as required or prescribed by law, with minimum employer liability limit of $100,000 for accidental bodily injury or death, or for occupational disease.

(b) Comprehensive General Liability, including coverage of food products with minimum limits of $100,000 per person and $300,000 per accident or occurrence, and $10,000 per accident or occurrence for property damage.

[26 F.R. 12465, Dec. 27, 1961, as amended at 27 F.R. 3389, Apr. 10, 1962]

§ 1007.5004 Clauses to be used when

applicable.

§ 1007.5004-1 Examination of records. According to the requirements of § 7.104-15 of this title, insert the clause set forth in § 7.104-15 of this title. Contracts resulting from formal advertising will not contain this clause.

§ 1007.5004–2 Approval of contract.

Whenever the contract requires manual approval, other than by the contracting officer, prior to becoming effective, insert the clause set forth in § 7.1052 of this title.

§ 1007.5004-3 Alterations in contract.

According to instructions for use in § 1007.105-1 of this chapter, insert the clause set forth in § 7.105-1 of this title. § 1007.5005 Schedule clauses. [27 F.R. 11418, Nov. 20, 1962]

§ 1007.5005-1 Changes in price based on variation from estimate.

The following clause shall be used in Contractual Feeding Contracts.

CHANGE IN PRICE BASED ON VARIATION FROM ESTIMATE (Ост. 1959)

(a) If the actual number of meals served under this contract, to other than contractor personnel, varies from the number of meals estimated (in accordance with (b) below) to be served during any calendar month, the

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(b) Adjustments in price by reason of this clause will be made at the end of each calendar month for the meals served during that month. The basis for determining the estimated number of meals to be served in a given month will be obtained by dividing the total estimated number of meals for the entire contract period by the total number of days in that period and multiplying the results by the number of days in the month involved.

(c) If the number of meals served in any calendar month (to other than contractor personnel) varies from the estimated requirements for that month by more than 30 percent of such requirements, the Contractor and the Contracting Officer will negotiate an equitable adjustment in the contract price for that month in the manner provided in the Changes clause of this contract.

[26 F.R. 12465, Dec. 27, 1961, as amended at 27 F.R. 3389, Apr. 10, 1962; 27 F.R. 11418, Nov. 20, 1962]

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Subpart YY-[Reserved]

Subpart ZZ-Clauses for Contracts for the Services of Auctioneers SOURCE: §§ 1007.5200 to 1007.5206 appear at 26 F.R. 12467, Dec. 27, 1961.

§ 1007.5200 Scope of subpart.

This subpart contains clauses for procuring by contract the services of auctioneers to conduct auction sales of Government owned personal property.

§ 1007.5201 General instructions.

See § 1002.2200 of this chapter.

§ 1007.5203 Schedule provisions.

The IFB and resultant contract will contain the following provisions in the Schedule. Variations may be made in these Schedule Provisions to the extent necessary to implement the terms of the sale (i.e., number of personnel required, amount of deposit, type of sale, etc.); however, no change will be made in the basic policy expressed (i.e., method of payment for advertising, liability of the contractor, nonagency, etc.).

§ 1007.5203-1 Introduction.

This Invitation for Bids covers the procurement of auctioneering services for conducting an auction sale on for the (Insert date(s)) disposal of miscellaneous Government surplus property located at

(Insert location(s)) The award of a contract under this Invitation for Bids will be made only to auctioneers who are on the current official "List of Auctioneers Qualified to Sell Government-owned Personal Property" at the time of bid opening. Application forms to qualify for such list may be obtained from the Central or Regional Offices of the General Services Administration. Below is a general description of the items to be sold:

(Insert in the space below a general description of the items to be sold, such as the following examples):

a. Motor vehicles and automotive spare

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The Contractor in consideration of the payment by the Government of the fee set forth above agrees to perform the following services in connection with the sale.

a. Furnish competent and experienced personnel actively to advise and assist the Contracting Officer with respect to the preparation, lotting and cataloging of the property for sale.

b. Furnish such competent and experienced personnel as may be necessary to manage and conduct said sale, including but not limited to one (1) Auctioneer, one (1) Recorder, two (2) Deposit Clerks, two (2) Starters or Floor Demonstrators, who can

assist in "crying" the sale. The foregoing personnel will "cry" the sale and "knockdown" the hammer and generally manage the sale under the general supervision of the Contracting Officer. In the conduct of the auction, the Contractor will comply with the following:

(1) The Contractor will invite the attention of potential bidders to the terms and conditions of the sale.

(2) The Contractor will not make any warranties with respect to the property on sale.

(3) As each lot is "knocked down" the paddle number and amount of bid will be publicly announced. A 20 percent deposit will be required on each bid upon the fall of the hammer.

(4) Lots "knocked down" to an individual will be shown on the account of such individual and no other.

c. Prepare and place all advertising in regular trade publications, and in a form approved by Contracting Officer, prepare, print, publish, and distribute a brochure (consisting of not more than 4 pages) describing in general terms the property offered for sale as well as other data considered pertinent by the Contracting Officer. This brochure will supplement the sales catalog. The cost of all approved advertising shall not exceed the sum of and the

(Insert amount) Government agrees to reimburse the Contractor for the cost of such advertising upon the submission by the Contractor of properly certified invoices evidencing the advertising and certified statements that the rates paid for the advertising do not exceed applicable commercial rates. All other costs incident to the placing of advertising shall be borne by the Contractor.

§ 1007.5203-4 General.

a. The Government agrees, at its own cost and expense, to furnish the services of such available personnel and equipment as the Contracting Officer determines will be necessary to assist the Contractor in performing the services required by this contract.

The Government will provide such labor as is considered necessary for internal security, breaking material down by lots, movement of property and all other phases of the operation not included in the auctioneers duties. The Government will provide loudspeakers, lighting and internal display facilities and other equipment as may be necessary to establish a satisfactory setting for the auction.

b. All sales at public auction made under this contract shall be subject to the terms and conditions of sale as promulgated by the Contracting Officer. The terms of sale shall be substantially in accordance with the General Sale Terms and Conditions attached hereto provided, however, the Government reserves the right to make changes in such terms and conditions, and the Contractor shall perform its obligations hereunder in

accordance with such changed conditions. The Government reserves the right to withdraw any property from sale at any time prior to acceptance of bid by the Contracting Officer on such property. The Government also reserves the right to reject any or all bids. The Contractor will be required to turn over to the Government at the end of each day of sale all deposits and other funds coming into his possession. The Contractor will not be required to assume the collection of any debts due the Government as a result of this sale, except that the Contractor shall be responsible for the collection of all the required deposits unless otherwise specified in this contract.

c. It is understood and agreed that the Contractor is not the agent of the Government for any purpose.

d. The Contractor warrants that it will not purchase any material whatsoever at the sale for its own account, or for the account of any person or persons. The Contractor warrants and agrees that it will not solicit or receive any commission, profit, gain, or advantage, direct or indirect, in money or favor and that its sole compensation will be percentage fee paid to it by the Government. Breach of any of these warranties by the Contractor, its employees or agents shall be cause for the termination of this contract for default under the clause of this contract entitled "Default".

(2) The balance of the fee payable hereunder shall be paid no later than 90 days after the last day of the sale, except that if Dept. of Justice approval is required, final payment will be made 30 days after receipt of such approval.

b. Contractor shall be reimbursed for expenditures made pursuant to Part

(Refer to part calling for advertising) of the Schedule, upon satisfactory evidence of payment of the cost of the required advertising. (Oct. 1960)

§ 1007.5204 Required clauses.

The following clauses will be inserted in all contracts issued under this subpart. § 1007.5204-1 Definition.

See § 7.103-1 of this title. § 1007.5204-2 Disputes.

See § 7.103-12 of this title.

§ 1007.5204-3 Convict labor.

See § 12.203 of this title.

§ 1007.5204-4 Eight-hour law of 1912; overtime compensation.

See § 12.303-1 of this title.

§ 1007.5204-5 Nondiscrimination in employment.

See § 12.802 of this title.

§ 1007.5204-6 Covenant against contingent fees.

See § 7.103-20 of this title.

e. The Contractor shall be responsible for all acts of its employees in the performance of this contract and will reimburse the Government for loss of or damage to the property of the Government caused by the negligence or wrongdoing of the Contractor or its employees in the performance of this contract. The Contractor shall indemnify the Government for any liability to third persons (in- § 1007.5204-7 Officials not to benefit. cluding any officer or employee of the Government), caused in whole or in part by the negligence or wrongdoing of the Contractor and/or its employees in the performance of this contract, and represented by a final judgment or by a settlement approved in writing by the Government.

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See § 7.103-19 of this title.

§ 1007.5204–8 Gratuities.

See § 7.104-16 of this title.

§ 1007.5204-9 Inspection and audit.

See § 1007.4023(a).

§ 1007.5204-10 Default.

DEFAULT (Ост. 1960)

a. The Government may terminate the whole or any part of this contract by written notice of default to the Contractor, if the Contractor fails to perform any provision of this contract. In the event this contract is terminated for default, the Contractor shall not be reimbursed for any expenses incurred, including the cost of advertising, nor paid any commissions hereunder, and shall be liable to the Government for actual damages.

b. 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 such notice of default shall be deemed to

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