CONTRACT CLAUSES AND SOLICITATION PROVISIONS (e) When the delivery schedule is in terms of specific calendar dates ((d)(1) or (d)(3) above), invitations for bids shall include one of the following paragraphs in lieu of (b) of the clauses in (b) and (c) above: (1)(b) The foregoing delivery requirements are based on the assumption that the Government will make award by (purchasing activity, insert calendar date). Each delivery date in the delivery schedule set forth herein will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to paragraph 10(d) of the Solicitation Instructions and Conditions, which provides that a written award mailed or otherwise furnished to the successful bidder results in a binding contract. Therefore, in computing the available time for performance, the bidder should take into consideration the time required for notice of award to arrive through the ordinary mails. (1974 APR) (2)(b) The foregoing delivery requirements are based on the assumption that the successful bidder will receive the notice of award by (purchasing activity, insert calendar date). The Government will extend each delivery date in the delivery schedule set forth herein by the number of calendar days after the above date that the Contractor receives notice of award; provided, that the Contractor promptly acknowledges such receipt. (1974 APR) (f) When the delivery schedule is based on the date of receipt of a written notice of award ((d)(ii) above), paragraph (b) of the clauses in (b) and (c) above shall be deleted. 7-104.93 Preference for Domestic Specialty Metals. (a) The following clause shall be included in all contracts over $2500 that call for the delivery to the Government of an article containing specialty metals within the following six major classes of programs: aircraft, missile and space systems, ships, tank-automotive, weapons and ammunition. PREFERENCE FOR DOMESTIC SPECIALTY METALS (MAJOR PROGRAMS) (1974 APR) (b) For the purposes of this clause, the term "specialty metals" means: (i) steels, where the maximum alloy content exceeds one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent or which contains more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadi um; (ii) metal alloys consisting of nickel, iron-nickel and cobalt base alloys containing a total of other alloying metals (except iron) in excess of ten percent (10%); (iii) titanium and titanium alloys; or (iv) zirconium and zirconium base alloys. (c) The Contractor agrees to include this clause, including this paragraph (c), in every subcontract or purchase order issued hereunder unless he knows that the item being purchased contains no specialty metals. 58-110 O-77 - 13 (End of clause) 7-104.93 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS (b) The following clause shall be included in all contracts over $2500, other than those covered by the clause in paragraph (a), calling for the delivery of an article that contains specialty metals. PREFERENCE FOR DOMESTIC SPECIALTY METALS (1972 NOV) (a) The Contractor agrees that any specialty metals (as hereinafter defined) furnished by it or purchased by it for direct incorporation in any article delivered to the Government under this contract shall have been melted in the United States, its possessions, or Puerto Rico, provided that this clause shall have no effect to the extent that the Secretary or his designee determines, as to any such articles, that a satisfactory quality and sufficient quantity cannot be procured as and when needed at United States market prices. (b) For the purposes of this clause, the term “specialty metals" means: (i) steels, where the maximum alloy content exceeds one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent or which contains more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadi um; (ii) metal alloys consisting of nickel, iron-nickel and cobalt base alloys containing a total of other alloying metals (except iron) in excess of ten percent (10%); (iii) titanium and titanium alloys; or (iv) zirconium and zirconium base alloys. (End of clause) 7-104.94 Capture and Detention. In accordance with 10-406, insert the following clause. CAPTURE AND DETENTION (1968 JUN) (a) As used in this clause: (1) "captured person" means any employee of the Contractor (i) who is assigned to duty outside the United States for the performance of this contract, and (ii) who is found to be missing from his place of employment under circumstances that make it appear probable that his absence is due to the action of the force of any power not allied with the United States in a common military effort, or who is known to have been taken prisoner, hostage or otherwise detained by the force of any such power, whether or not such person is actually engaged in his employment at the time of capture; provided that at the time the person was captured and detained that the person was either: (A) engaged in activity directly arising out of the course of his employment under this contract, or (B) captured in an area in which the captured person was present only because such presence was required in order to perform this contract; (2) a "period of detention" begins with the day of capture and continues until the captured person is returned to his place of employment, or to the United States, or is able to be returned to the jurisdiction of the United States, or until his death is in fact established or legally can be presumed to have occurred by evidence satisfactory to the Contracting Officer, whichever shall occur first; and (3) "United States" comprises geographically the fifty states and the District of Columbia; (4) "War Risk Hazards Compensation Act" refers to the statute compiled in Chapter 12 of Title 42 U.S. Code (Sections 1701 - 1717), as amended. (b) If pursuant to an agreement entered into prior to the capture, the Contractor is obligated to pay and shall have paid benefits to a captured person, or his dependents, on account of his detention, the Government will reimburse the Contractor for such payments up to an amount which 7-104.94 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS will equal the lesser of (i) the total wage or salary (computed at the rate being paid at the time of capture) due from the Contractor to the captured person for the period of detention, or (ii) that amount which would have been payable to such person if the detention had occurred under circumstances wherein the benefit provisions of the War Risk Hazards Compensation Act would have been applicable. (c) The period of detention shall not be considered as time spent in the performance of this contract, and the Government shall not be obligated to make payment under this contract on account of such person for the period of the detention except as provided in this clause. (d) The obligation of the Government to make payments provided for by this clause shall be applicable to the entire period of detention except that it is expressly conditioned upon and subject to the availability of funds from which payment can be made. The rights and obligations of the parties under this clause shall survive the earlier expiration, completion or termination of this contract. (e) The Contractor shall not be reimbursed under the provisions of this clause for payments made to employees for a period of detention during which the employees were entitled to compensation for capture and detention under the War Risk Hazards Compensation Act, as amended. (End of clause) 7-104.95 Preference for United States Flag Air Carriers. In accordance with 1-336.1(b), insert the following clause. PREFERENCE FOR UNITED STATES FLAG AIR CARRIERS (1975 NOV) (a) Public Law 93-623 requires that all Federal agencies and Government Contractors and subcontractors will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroller General of the United States shall disallow any expenditure from appropriated funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor. (b) The Contractor agrees to utilize U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. (c) In the event that the Contractor selects a carrier other than a U.S. flag air carrier for international air transportation, he will include a certification on vouchers involving such transportation which is essentially as follows: CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERS I hereby certify that transportation service for personnel (and their personal effects) or property by certificated air carrier was unavailable for the following reasons:* (state reasons) (end of certification) (d) The terms used in this clause have the following meanings: (i) "International air transportation" means transportation of persons (and their personal effects) or property by air between a place in the United States and a place outside thereof or between two places both of which are outside the United States. (ii) “U.S. flag air carrier" means one of a class of air carriers holding a certificate of public convenience and necessity issued by the Civil Aeronautics Board, approved by the President, authorizing operations between the United States and/or its territories and one or more foreign countries. (iii) The term “United States" includes the fifty states, Commonwealth of Puerto Rico, possessions of the United States and the District of Columbia. (e) The Contractor shall include the substance of this clause, including this paragraph (e) in each subcontract or purchase hereunder which may involve international air transportation. *(See Armed Services Procurement Regulation 1-336.2 and Federal Procurement Regulation 41 CFR 1-1.323-3.) (End of clause) 7-104.95 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-104.96 Privacy Act. In accordance with 1-327, the following clause shall be included in every solicitation and resulting contract, and in every contract awarded without a solicitation, when the statement of work requires the design, development, or operation of a system of records on individuals for an agency function. PRIVACY ACT (1975 NOV) (a) The Contractor agrees: (1) to comply with the Privacy Act of 1974 and the rules and regulations issued pursuant to the Act in the design, development, and/or operation of any system of records on individuals in order to accomplish an agency function, when the contract specifically identifies (i) the system or systems of records and (ii) the work to be performed by the Contractor in terms of any one or combination of the following: (A) design, (B) development, or (C) operation; (2) to include the solicitation notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the statement of work in the proposed subcontract requires the design, development, or operation of a system of records on individuals to accomplish an agency function. (3) to include this clause, including this paragraph (3), in all subcontracts awarded pursuant to this contract which require the design development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the contractor and any employee of the contractor is considered to be an employee of the agency. (c) The terms used in this clause have the following meanings: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records including the collection, use, and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. (3) "System of records" on individuals means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. (End of clause) 7-105 Additional Clauses. The following clauses shall be inserted in fixedprice supply contracts in accordance with Departmental procedures when it is desired to cover the subject matter thereof in such contracts. 7-105.1 Alterations in Contract. (a) ALTERATIONS IN CONTRACT (1949 JUL) The following alterations have been made in the provisions of this contract. (End of clause) 7-105.1 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS (b) ALTERATIONS IN STANDARD FORM 32 (1976 JUL) Standard Form 32, General Provisions (Supply Contract) is hereby altered by substituting the following ASPR clauses in effect on the date of this solicitation: a. Title and Risk of Loss (7-103.6) for Clause 6; b. Notice and Assistance Regarding Patent and Copyright Infringement (7–103.23) for Clause 13; c. Buy American Act (7–104.3) for Clause 14; and d. Convict Labor (7–104.17) for Clause 15. (a) Use of Clause. The clause set forth in (c) below is authorized for use in any negotiated fixed-price type contract under which work stoppage may be required for reasons such as advancements in the state of the art, production or engineering breakthroughs, or realignment of programs. (b) Use of Orders. (1) Inasmuch as stop work orders may result in increased costs to the Government by reason of standby costs, such orders will be issued only with prior approval at a level above the contracting officer. Generally, use of a stop work order will be limited to those situations where it is advisable to suspend work pending such a decision by the Government and a supplemental agreement providing for such suspension is not feasible. A stop work order will not be used in lieu of the issuance of a termination notice after a decision to terminate has been made. (2) Stop work orders should include (i) a clear description of the work to be suspended, (ii) instructions as to the issuance of further orders by the contractor for material or services, (iii) guidance as to action to be taken on subcontracts and (iv) other suggestions to the contractor for minimizing costs. Promptly after issuance, stop work orders should be discussed with the contractor and should be modified, if necessary, in the light of such discussions. (3) As soon as feasible after a stop work order is issued, (i) the contract will be terminated; or (ii) the stop work order will either be canceled or-if necessary and if the contractor agrees-be extended beyond the period specified in the order. In any event, this must be done before the specified stop work period expires. When an extension of the stop work order is necessary, it shall be evidenced by a supplemental agreement. Any cancellation of a stop work order shall be subject to the same approvals as were required for the issuance of the order. 7-105.3 ARMED SERVICES PROCUREMENT REGULATION |