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cludes all taxes and duties in effect and $ 6–7.150—2 Prohibition against items applicable to this contract on the tax in

originating in certain areas. clusive date, except taxes from which the No supplies, equipment or services origiGovernment, the Contractor, or the nating in China Mainland (including Singtransactions or property covered by this kiang, Manchuria and Tibet), North Vietcontract are then exempt. Unless spe

Nam, North Korea or Cuba may be used in cifically excluded, duties are included in

the performance of this contract.

The contractor agrees to insert the aforethe contract price.

given provision of this clause in all subcon$ 6–7.101-28 Termination for conven

tracts hereunder. ience of the Government.

§ 6–7.151 Optional clauses. TERMINATION FOR THE CONVENIENCE OF THE

The clauses set forth in this $ 6–7.151 GOVERNMENT

may be used when applicable to specific The Government shall have the right to

procurements, and may be modified when terminate this contract at any time by giv

required. ing written notice to the Contractor not less than 10 days prior to the effective date of § 6–7.151-1 Security requirements. termination. Should this contract be termi

PERSONNEL nated pursuant to this clause prior to the date it would otherwise expire, the following The contractor agrees, if requested, to shall apply:

furnish the Government with the name, (a) The Government shall complete all date and place of birth, current address, and payments which shall then be due.

such other biographical information as is (b) The Contractor shall deliver to the readily available to the Contractor, concernGovernment all work in process under this ing any individual before permitting such contract requested by the Government.

individual to be used in the performance (C) The Government shall pay to the Con- of this contract. The Contractor further tractor any sum which is determined by the agees to permit only those individuals apContracting Officer as equitable for any work proved by the Government to be used in the in process, which sum shall include any performance of this contract. costs incurred by the Contractor in terminating any subcontract.

§ 6–7.151-2 Notice. (d) Should the Contractor be unwilling to

NOTICE accept the sum so determined by the Con

Any order, notice, or request, relating to tracting Officer the matter shall be treated

this contract given by either party to the as a dispute concerning a question of fact

other shall be in writing, and malled, or dewithin the meaning of the clause entitled "Disputes" in the General Provisions.

livered by hand, to the party entitled thereto

at the address set forth herein. § 6–7.150 Additional required clauses.

§ 6–7.151–3 Notice of shipments. The clauses in this $ 6–7.150 shall be

NOTICE OF SHIPMENTS used in procurement by fixed price con

At the time of delivery of any shipment of tracts outside the United States pro

supplies to a carrier for transportation, the vided, however that any clause in $ 6– Contractor shall give prepaid notice of ship7.150 need not be used if its use is pro- ment to the consignee establishment, and hibited by local laws or regulations, is to such other persons designated by the contrary to local customs or practice or Contracting Officer, and in accordance with would be detrimental to the interests of

his instructions. If such instructions have the Government through increased costs

not been received by the Contractor at least or other reasons. Whenever a clause is

24 hours prior to such delivery to a carrier,

the Contractor shall request instructions not used, the contract file must contain

from the Contracting Officer concerning the a signed statement justifying such action. notice of shipment to be given. § 6-7.150-1 Government saved harm

§ 6–7.151-4 Gratuities.
less.

GRATUITIES
GOVERNMENT SAVED HARMLESS

(a) The Government may, by written noThe Contractor shall hold and save the

tice to the Contractor, terminate the right Government, its officers, agents and em

of the Contractor, to proceed under this conployees, harmless from liability of any nature tract if it is found, after notice and hearing, or kind, including costs and expenses, for or by the Secretary or his duly authorized repon account of any or all suits or damages of resentative, that gratuities (in the form of any character whatsoever resulting from in- entertainment, gifts, or otherwise) were juries or damages sustained by any person offered or given by the Contractor, or any or persons or property by virtue of perform-. agent or representative of the Contractor, to ance of this contract.

any officer or employee of the Government

with a view toward securing a contract or $ 6–7.151-9 Requirements clause.
securing favorable treatment with respect
to the awarding, amending, or the making

The following clause is applicable only of any determinations with respect to this to requirements contracts prepared in contract.

accordance with 1-3.405–5(b). (b) In the event that this contract is terminated as provided in paragraph (a)

REQUIREMENTS CLAUSE above, the Government shall have the same (a) The Government agrees to purchase rights and ren provided in the clause all of its requirements of (specific property entitled "Default" in the General Provisions or services) for use at (designated activities) with respect to defaults of the Contractor, during the period from

to and any other rights and remedies provided

from the Contractor. The Government by law or under this contract.

shall not, however, be obligated to make any

purchases in excess of its actual require§ 6–7.151–5 Language version.

ments. LANGUAGE VERSION

(b) The Contractor agrees to furnish up to

(maximum delivery obligation) of (specific The English language version of this contract shall be the official version and binding

property or services) while this contract re

mains in effect. The Contractor shall not, on both parties.

however, be obligated to deliver in excess of $ 6–7.151–6 Compliance with laws. (quantity) during any (time) period, nor

less than (quantity) in any delivery. COMPLIANCE WITH LAWS

(c) Subject to paragraph (b) above, and The Contractor shall comply with all appli- upon the placing of orders by the Governcable laws and all rules and regulations hav

ment at least

days before the date of ing the force of law which deal with or re- requested delivery, the Contractor agrees to late to performance hereunder, or the em- make deliveries under this contract at any ployment by the Contractor of the employees

of the following designated point(s): necessary for such performance.

(d) The Government shall use a purchase

order (Foreign Service Form 455) in making § 6–7.151-7 Seller's invoices.

purchases against this contract. The following clause is applicable only to negotiated contracts.

§ 6–7.151-10 Indefinite quantity clause. SELLER'S INVOICES

The following clause is applicable only Invoices shall be prepared and submitted

to indefinite quantity contracts prepared in quadruplicate unless otherwise specified. Invoices shall contain the following informa

in accordance with § 1-3.405–5(C). tion: Contract and order number (if any),

INDEFINITE QUANTITY CLAUSE item numbers, description of supplies or services, sizes, quantities, unit prices, and

(a) The Contractor agrees to furnish up extended totals. Bill of lading number

to (max. delivery obligation) of (specific and weight of shipment will be shown for

property or services) during the period from to

to the Government. shipments made on Government bills of

The Contractor shall not, however, be oblilading.

gated to deliver in excess of (quantity) dur$ 6–7.151-8 Discounts.

ing any (time) period, nor less than (quan

tity) in any delivery. The following clause is applicable only

(b) Subject to paragraph (a) above, and to negotiated contracts.

upon the placing of orders by the GovernDISCOUNTS

ment at least

day(s) before the date

of requested delivery, the Contractor agrees In connection with any discount provided to make deliveries under this contract at for, time will be computed from date of de- any of the following designated points: livery of the supplies to carrier when de- (c) The Government agrees to purchase a livery and acceptance are at point or origin minimum of (minimum order obligation) of or from date of delivery at destination or port (specific property or services) while this of embarkation when delivery and accept- contract is in effect. ance are at either of those points, or from (d) The Government shall use a purchase date correct invoice or voucher is received order (Foreign Service Form 455) in placing in the office specified by the Government if orders against this contract up to the Govthe latter date is later than the date of de- ernment's minimum purchase obligation, livery. Payment is deemed to be made, for and in making purchases against this conthe purpose of earning the discount, on the tract over the Government's minimum purdate of mailing of the Government check. chase obligation.

86_7.151-11 Contracting officer's rep

resentative. The following clause may be used in designating an authorized representative of the contracting officer (such a designee may not make any commitments or changes which will affect the price, quality, quantity or delivery terms): REPRESENTATIVES

OF

CONTRACTING OFFICER The Contracting Officer reserves the right to designate representatives to act for him in furnishing technical guidance and advice or, generally supervise the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee's authority. A copy of the designation shall be furnished to the contractor. $ 6–7.151–12 Labor, supplies and equip

ment.

LABOR, SUPPLIES AND EQUIPMENT The Contractor shall furnish all labor, supplies, and equipment necessary for the performance of this contract. Necessary storage space for supplies and equipment will be furnished by the Government. § 6–7.151-13 Government property.

GOVERNMENT PROPERTY Damage to, or loss of, Government property when it is due to the Contractor's negligence may result in the Contractor being held liable for repair or replacement thereof at the option of the Government.

taxes.

PART 6-11-FEDERAL, STATE, AND

May 6, 1964 (29 F.R. 6254). The manuLOCAL TAXES

facturers must be furnished proof of

export within 6 months after the sale. Subpart 6-11.2—Exemptions From Federal Excise (b) Taxable articles purchased for Taxes

presentation abroad as gifts to foreign Sec.

dignitaries and taxable articles pur6-11.205 Exemptions from other Federal

chased for presentation as gifts to foreign

dignitaries visiting in the United States Subpart 6–11.3—State and Local Taxes but which are almost immediately taken 6–11.301 Applicability.

out of the United States may be exempt

from any retailers or manufacturers exAUTHORITY: The provisions of this part

cise taxes in accordance with letter of 6–11 issued under 63 Stat. 111; 5 U.S.C. 151c,

October 18, 1963 from Chief, Excise Tax 22 U.S.C. 811.

Branch, Internal Revenue Service on file SOURCE: The provisions of this Part 6–11

in Supply and Transportation Services contained in Dept. Reg. 108.510, 29 F.R. 12076,

Division. Aug. 25, 1964.

(c) With respect to purchases from Subpart 6–11.2—Exemptions From vendors in the United States for export Federal Excise Taxes

to a Foreign Service Post, the following

statement will be included in purchase § 6-11.205 Exemptions from other Fed- orders for items subject to excise taxes: eral taxes.

This is to certify that the item(s) covered (a) With respect to motor vehicles by this purchase order is/are for export solely purchased by the Department of State or for the use of the American Foreign Service the U.S. Information Agency for use by post shown above. It is, therefore, requested such agencies in foreign countries, the

that the extra signed copy of the purchase Secretary of the Treasury has granted dence of intent to export. Final proof of

order furnished herewith be accepted as evian exemption from the federal excise tax exportation may be obtained from the U.S. imposed by 26 U.S.C. 4061(a) provided Despatch Agent, handling the shipment; such vehicles are exported from the such proof to be accepted in lieu of payment United States by such agencies within a of excise tax. period of 6 months from the date of de- [31 F.R. 6624, May 4, 1966) livery of such vehicles to the agencies,

Subpart 6–11.3—State and Local notwithstanding any use made by such agencies of the vehicles within the

Taxes United States during the 6-month period. § 6–11.301 Applicability. The contract for sale of such vehicles In certain instances purchases by posts must include a statement to the effect are exempt from various taxes in ferthat the sale of the vehicles is made for eign countries. It is incumbent upon the exclusive use of the United States and procurement officers to ascertain such qualifies for the exemption under order exemptions and to take maximum adof the Secretary of the Treasury dated vantage of them.

PART 6-30—CONTRACT FINANCING

Subpart 6-30.4—Advance Payments Sec. 6–30.406 Responsibility-delegation of au

thority. Subpart 6–30.5—Progress Payments Based on

Costs 6–30.505 Unusual progress payments-stand

ards-procedure. AUTHORITY: The provisions of this Part 6– 30 issued under 63 Stat. 111; 5 U.S.C. 151c, 22 U.S.C. 811.

SOURCE: The provisions of this Part 6–30 appear at 31 F.R. 6624, May 4, 1966, unless otherwise noted. Subpart 6–30.4-Advance Payments $ 6-30.406 Responsibility-delegation

of authority. Prior to committing the Department to making an advance payment, the Contracting Officer will prepare and sign the determination and findings under authority of $ 6–3.302(c) (7) of this chapter. Subpart 6–30.5—Progress Payments

Based on Costs $ 6–30.505 Unusual progress payments

standards-procedure. (a) Requests for "unusual" progress payments supported by sufficient justification may be approved by the Contracting Officer, under $ 6–3.302(c) (7) of this chapter.

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