Opium, crude. Platinum and platinum group metals refined, as sponge, powder, ingots, or cast bars. Pyrethrum flowers. Quartz crystals. Quinidine. Radium salts. Rubber, crude and latex. Rutile. Sperm oil. Spices and herbs in bulk. Sugars, raw. Swords. Talc, block, steatite. Tapioca flour and cassava. Tartar, crude; tartaric acid and cream of tartar in bulk. Tea in bulk. Vanilla beans. Venom, cobra. Wax, carnauba. Woods of the following species: Angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and teak. [34 FR 5167, Mar. 13, 1969] Subpart 3-6.8-Balance of Payments Program SOURCE: 44 FR 21266, Apr. 10, 1979, unless otherwise noted. § 3-6.850 Excess and near excess foreign currencies. § 3-6.850-1 General. The Treasury Department periodically determines that the U.S. supply of currencies from certain foreign countries is considered excessive or nearly excessive to normal requirements. As a result, the Office of Management and Budget has directed that Government departments and agencies establish policies and procedures to ensure that obligations incurred in foreign countries having currencies declared as "excess" or "near excess," whether by contract or otherwise, be made payable in those foreign currencies rather than in U.S. dollars, regardless of the appropriation or fund to be used for payment. (See OMB Circular No. A-20, Revised.) § 3-6.850-2 Policy. Contracting officers who award contracts involving performance in a foreign country which has been determined to have a currency in the "excess" or "near excess" category should ensure that payments for obligations and/or reimbursement for expenses incurred in the foreign country are made in the local currency. (a) If the contract involves expenditures in both the United States and a foreign country having a currency determined to be in the "excess" or "near excess" category, the contracting officer may stipulate that payment be made in U.S. dollars for the contractor's obligations and expenses incurred within the United States. (b) If a contract provides for reimbursement of travel expenses incurred in a foreign country having a currency determined to be in the "excess" or "near excess" category, the contracting officer should stipulate that the appropriate activity provide Government Transportation Requests for payment of airline transportation as a substitute for reimbursement of the cost of airline tickets. no instrument or apparatus of equivalent scientific value to such article, for the purpose for which the instrument or apparatus is intended to be used, is being manufactured in the United States. Application for duty-free importation shall be limited to those instances where the savings in duty would exceed the administrative cost incurred. § 3-6.5002 Application for duty-free importation of goods. (a) Application, Form OIPF 768, Request for Duty-Free Entry of Scientific Equipment or Apparatus, will be prepared in accordance with the attached instructions in seven copies and submitted to the Commissioner of Customs, Attention: Tariff Classification Ruling, Washington, D.C. 20226. This application may be submitted prior to purchase of an item (based on a firm intention to buy) or it may be submitted subsequent to the placing of an order. When the application is filed prior to the issuing of an order, the order must be placed on or before the 60th day following the date on which a decision by the Office of Import Programs (OIP) becomes final. (1) The application will list all pertinent characteristics and specifications of the foreign made item which, in the opinion of the prospective user, make it superior in scientific value to a similar item of domestic origin. (2) The application must also explain why an item with these characteristics and specifications is required to accomplish the purpose for which the item is to be used. (b) The Commissioner of Customs will in accordance with § 10.116, 19 CFR: (1) Forward copies of the application to the Office of Import Programs, and (2) Return one copy to the procurement office which filed the request. This copy will be stamped as accepted for transmittal to the Department of Commerce. The procurement office will forward this copy to the Director of Customs of the district in which the item has been or will be entered. (c) The Office of Import Programs will publish a notice of the application in the FEDERAL REGISTER. Equipment manufacturers and other interested parties will be given 20 days to present information on scientific instruments or apparatus of domestic manufacture which they feel have equivalent scientific value to the item of foreign manufacture. At the end of 20 days OIP will evaluate any comments received from interested parties and determine whether duty-free entry should be authorized. This decision will also be published in the FEDERAL REGISTER. If no appeal from a determination to allow duty-free entry is made within 20 days from the date of publication, the Office of Import Programs will notify the Director of Customs of the cognizant district that duty-free entry will be allowed. § 3-6.5003 Availability of forms. Form OIPF 768 is available from the Office of the Deputy Assistant Secretary for Resources, Department of Commerce or from any Department of Commerce field office. PART 3-7-CONTRACT CLAUSES Subpart 3-7.50—Special Contract Clauses Sec. 3-7.5000 Scope of subpart. 3-7.5001 Reusable cylinders and contain ers. Safety and health. 3-7.5002 Summarization clauses for contract modifications. 3-7.5006 Contracts conditioned upon the availability of funds. 3-7.5007 Government property clauses. 3-7.5007-1 Abandonment of Government property. 3-7.5007-2 Government property furnished "as is." 3-7.5007-3 Use and charges clause for facilities contracts. 3-7.5007-4 Maintenance clause for facilities contracts. 3-7.5007-5 Liability clause for facilities contracts. 3-7.5007-6 Examination of records clauses. 3-7.5008 [Reserved] 3-7.5009 Examples of option articles for fixed-price type contracts. 3-7.5010 Cost sharing. 3-7.5011 Use of GSA supply sources by contractors performing cost reimbursement contracts. 3-7.5012 Procurements involving human subjects. formance, delivery or protection of the Government's interest. § 3-7.5001 Reusable cylinders and contain ers. The clause set forth below shall be inserted in contracts when delivery of the items may be in contractor furnished reusable gas cylinders or other containers. DEMURRAGE CHARGE PROVISIONS (a) Reusable gas cylinders or other containers identified below by offerors shall remain the property of the Contractor (except as provided in (c) below), and will be loaned without charge to the government for the period stipulated below by offerors. In computing the period involved, such free loan period shall commence on the first day after date of delivery of each container to the herein specified f.o.b. point(s). Offerors who specify less than days (to be determined by the Contracting Officer in accordance with trade custom), shall have their offers increased for evaluation purposes only by an amount arrived at by multiplying the number of days less than the established free loan period by the daily rental charge. In the event the offeror does not specify a free loan period, such period shall be days (insert the same number of days as the established free loan period). Beginning with the first day after expiration of the free loan period to and including the date the containers are delivered to the Contractor's designated carrier, the Government shall pay the Contractor demurrage (rental) in the amount specified below. No demurrage shall accrue to the Contractor in excess of the herein specified container's replacement value. For each container lost or damaged beyond repair while in the Government's possession, the Government shall pay to the Contractor the herein specified replacement value less allocable demurrage paid therefor. Such lost or damaged containers paid for by the Government shall become the property of the Government. (b) Empty containers will be delivered to the offeror's designated carrier (offeror to identify applicable carrier below) f.o.b. points of original delivery specified in this solicitation/contract. OFFERORS SHALL FURNISH THE FOLLOWING INFORMATION, AS APPLICABLE, FOR CONTAIN ERS Applicable Item No.......... Type and size of Container. Quantity....... Free Loan Period.. Demurrage Charges Per Day Per Cylinder. Replacement Value for Each Contain er........ Identification and Location of Offer or's Carrier for Return of Empty (c) When the offeror indicates that containers have a replacement value of less than $10, the Government shall have the option to purchase containers and add the cost to the offered price. When purchase option is exercised, offers shall be evaluated accordingly. In this event, the container shall become the property of the Government. § 3-7.5002 Safety and health. The following clause is covered by the policy set forth in Subpart 3-1.52 and is to be used in accordance with the instructions set forth in § 3-1.5203 and § 3-1.5204. SAFETY AND HEALTH CLAUSE (a) In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to all property; and for avoidance of work interruptions in the performance of the contract; the Contractor will comply with the following standards: (Insert the codes, standards, and criteria (including any applicable State and local requirements) prescribed by the Safety Officer). Further, the Contractor shall take or cause to be taken such additional safety measures as the Contracting Officer may determine to be reasonably necessary: Provided, That if compliance with such additional safety measures results in a material increase in the cost or time of performance of the contract, an equitable adjustment will be made in accordance with the clause of this contract entitled "Changes." (b) Prior to commencement of work, the Contractor will submit in writing his plan for complying with the safety and health provisions of this contract, and will meet with the Contracting Officer or his designated representative to discuss and develop a mutual understanding relative to administration of the overall safety program. (c) During the performance of work under this contract, the Contractor shall comply with all procedures prescribed by the Contracting Officer for the control and safety of persons visiting the job site and will comply with such requirements to prevent accidents as may be prescribed by the Contracting Officer. (d) The Contractor will maintain an accurate record of, and report to the Contracting Officer in such manner as the Contracting Officer may prescribe, all accidents and incidents resulting in death, traumatic injury, occupational disease, and/or damage to all property incident to work performed under the contract. (e) The Contracting Officer shall notify (if otherwise, confirm in writing) the Contractor of any noncompliance with the provisions of this clause and corrective action to be taken. After receipt of such notice, the Contractor shall immediately take such corrective action. (Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose). If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be the subject of claim for extension of time or for costs or damages by the Contractor. (f) The Contractor shall insert the substance of this clause in each subcontract involving the use of hazardous materials or operations. Compliance with the provisions of this clause by subcontractors will be the responsibility of the Contractor. § 3-7.5003 HHS contract financial report. Financial reports are required on all cost-reimbursement type contracts financed under letter of credit or Departmental Federal Assistance Financing System (DFAFS) methods of payment regardless of dollar value, and all other cost-reimbursement type of contracts of $100,000 or more. The reports should be required not less than quarterly. Financial reports can be required on cost-reimbursement contracts under $100,000 when financed by a method other than letter of credit or DFAFS only if they are considered necessary for effective contract monitoring and administration. When financial and manpower information is to be submitted on Form HHS-646, Financial Report of Individual Project/Contract, the Contracting Officer shall insert the clause set forth below in the RFP and resultant contract. The contracting officer should insert appropriate wording to specify the reporting period agreed to, and should develop paragraph (d). CONTRACT FINANCIAL REPORT (a) Financial reports on Form HHS-646, Financial Report of Individual Project/Contract, shall be submitted by the Contractor in accordance with the instructions which accompany the form, in an original and 2 copies, not later than thirty (30) working |