(e) The Government may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the canceled or terminated portion of this contract whenever in the opinion of the Contracting Officer the aggregate of such payments is within the amount to which the Contractor is entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor to the Government upon demand, together with interest at the rate of six percent (6%) per annum, for the period from the date such excess payment is received by the Contractor to the date on which such excess is repaid to the Government; provided, however, that no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of the cancellation or termination inventory until ten (10) days after the date of such retention or disposition, or such later date as determined by the Contracting Officer by reason of the circumstances. (f) Failure to agree shall be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (End of clause) 7-1702.13 Reuse Arrangements. Insert the following clause in contracts with common carriers. REUSE ARRANGEMENTS (1971 APR) (a) When feasible, the Contractor shall reuse canceled or terminated facilities or equipment to minimize the charges to the Government. (b) If at any time the Government requires that communications facilities or equipment be relocated within the Contractor's service area, the Government shall have the option of paying the costs of relocating the facilities or equipment in lieu of paying any termination or cancellation charge. The "Basic Termination Liability" applicable to the facilities or equipment in their former location shall continue to apply to the facilities or equipment in their new location. Monthly rental charges shall continue to be paid during the period. (c) When there is another requirement or foreseeable reuse-in-place of canceled or terminated facilities or equipment, no charge shall apply and the basic cancellation or termination liability shall be appropriately reduced. When feasible, the Contractor shall promptly reuse discontinued channels or facilities, including equipment for which the Government is obligated to pay a minimum service charge. 7-1702.14 Cost or Pricing Data. (End of clause) (a)(1) Insert the following clause in contracts with common carriers. SUBMISSION OF COST OR PRICING DATA-COMMON CARRIERS (1971 APR) The Contractor agrees to provide certified cost or pricing data, as requested by the Contracting Officer whenever: (i) the services are nontariffed services; (ii) a tariff, whether filed or contemplated to be filed, is for new services installed or developed primarily for Government use (and the data shall cover special construction charges in connection therewith); (iii) a tariff, whether filed or contemplated to be filed, in which specific rates and charges are not included; (iv) more than one commercial source (one or more of which is a common carrier) can (v) required to support the reasonableness of special assembly rates and charges; (vii) required to support the reasonableness of those contingent liabilities which are fixed (viii) required to support proposed cancellation and termination charges (pursuant to the clause entitled "Cancellation or Termination Orders") and reuse arrangements (pursuant to the clause entitled “Reuse Arrangements"). (End of clause) (2) In contracts with common carriers for which certified cost or pricing data are or may be required, insert the appropriate clauses in 7-104.29 (Price Reduction for Defective Cost or Pricing Data) and 7-104.42 (Subcontractor Cost and Pricing Data). (b) In contracts with noncommon carriers, insert the appropriate clauses in 7-104.29 (Price Reduction for Defective Cost or Pricing Data) and 7-104.42 (Subcontractor Cost and Pricing Data). 7-1702.15 Audit and Records. (a) Insert the following clause in contracts with common carriers. AUDIT AND RECORDS-COMMON CARRIERS (1971 APR) (a) For the purpose of verifying the accuracy of the cost or pricing data submitted pursuant to the clause entitled “Provision of Cost or Pricing Data-Common Carrier," the Contracting Officer or his authorized representative shall, (i) until the expiration of three (3) years from the date of the submission of the data which forms the basis for a recurring or nonrecurring charge, or (ii) until the expiration of the period of contingent liability with respect to such contingent liability, have the right to examine those books, records, documents, and other supporting data which will permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used therein, which were available to the Contractor as of the date of the certification of the data. (b) The Contractor shall maintain such books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly the direct and indirect costs which were the basis for the pricing of the CSA. The foregoing constitute "Records" for the purpose of this clause. (c) The Contractor shall insert the substance of this clause in subcontracts awarded hereunder which furnish the basis for charges referred to in (a) hereof, unless its omission is authorized by the Contracting Officer. (End of clause) (b) In accordance with the requirements of 7-104.41, insert the appropriate clause therein in contracts with noncommon carriers. 7-1702.16 Term and Termination of Contract. Insert the following clause in contracts with common carriers. TERM AND TERMINATION OF CONTRACT-COMMON CARRIERS (1971 APR) This contract shall be effective for an initial term commencing............ ‚* and ending June 30, 19.........** and shall continue in force thereafter from year to year, unless and until terminated by either party at any time upon not less than sixty (60) days' prior written notice to the other. Termination shall be applicable prospectively only and shall not operate as a cancellation of any orders previously issued or outstanding. (End of clause) *Insert the effective date of the contract. **Insert the current fiscal year. 7-1702.17 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 clause in 7-104.83. 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 7-705.5. 7-1703.2 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 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. 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 |