[Federal Register Volume 59, Number 151 (Monday, August 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18972]
[[Page Unknown]]
[Federal Register: August 8, 1994]
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DEPARTMENT OF TRANSPORTATION
48 CFR Chapter 12
RIN 2105-AB54 and RIN 2105-AB75
Revision of Department of Transportation Acquisition Regulation
AGENCY: Department of Transportation.
ACTION: Final rule.
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SUMMARY: This final rule contains revisions to the Transportation
Acquisition Regulation (TAR) which was published in the February 1,
1994 Federal Register (59 FR 4622) as a notice of proposed rulemaking
(NPRM). The revisions address public comments that were received as a
result of the February 1, 1994, NPRM. On December 15, 1989, a NPRM
addressing revisions to the TAR was also published in the Federal
Register (54 FR 51426). The primary purpose of that rulemaking was to
add TAR coverage on various issues including debarment, suspension, and
protests to the agency. However, the December 15, 1989, NPRM was never
finalized. This final rule makes the 1989 proposed rule obsolete since
changes proposed in it are either incorporated in, or superseded by,
this final rule.
This final rule embodies a major revision of the TAR. The TAR was
rewritten to: eliminate unnecessary coverage (e.g., it duplicated the
Federal Acquisition Regulation (FAR) or other directives, added no
value); provide coverage written in plain English; and retain only
coverage considered suitable for a regulation. These efforts create a
new TAR that is in consonance with the Reinventing Government
initiatives by creating a simpler, more comprehensible, and less
burdensome regulation. This 1994 edition of the TAR supersedes the 1988
version. The TAR is codified in Chapter 12 of Title 48 of the Code of
Federal Regulations.
EFFECTIVE DATE: October 1, 1994.
FOR FURTHER INFORMATION CONTACT: Elaine Wheeler, Office of Acquisition
and Grant Management, M-61, 400 Seventh Street S.W., Washington, DC
20590: (202) 366-4272.
SUPPLEMENTARY INFORMATION:
A. Background
On February 1, 1994, the TAR was published in the Federal Register
(59 FR 4623) as a Notice of Proposed Rulemaking (NPRM). Comments were
solicited from interested parties, including the public and other
Federal agencies. The NPRM announced the Department's intent to revise
the TAR to streamline processes, remove guidance applicable to the
Department's internal operating procedures, and eliminate unnecessary
regulatory burdens. The NPRM contained revised TAR coverage for review
and comment. The NPRM established a public comment period which closed
on April 4, 1994.
B. Public Comments
Comments were received from one commenter. All comments were
considered in developing the final rule. The comments received and the
actions taken in response thereto are summarized below:
Comment: The commenter offered that potential problems with (TAR)
48 CFR 1203.104-11, Processing Violations or Possible Violations, could
be reduced if the TAR included only language necessary to implement the
FAR. The commenter stated that the proposed (TAR) 48 CFR 1203.104(a)(1)
and (2) should be revised to state: ``The individual designated to
review contracting officer determinations is the COCO.'' The commenter
also indicated that (TAR) 48 CFR 1203.104-11(a)(1), (2) and (3), should
state: ``the duties in these sections may not be further delegated by
the HCA.''
Response: The first comment regarding Chief of the Contracting
Office (COCO) review of contracting officer determination was adopted.
The second comment regarding no further delegation by the Head of the
Contracting Activity (HCA) was not accepted. We do not agree that the
duties of the HCA may not be delegated. (FAR) 48 CFR 3.104-11
establishes the rule with respect to HCA designees. The HCA function
can be delegated to an individual at least one organizational level
above the contracting officer and must be of Flag Officer or SES rank.
Comment: The commenter recommended that (TAR) 48 CFR 1203.204,
Treatment of Violations, be expanded to: (1) identify the DOT
decisionmaker; (2) provide safeguards to ensure that the decisionmaker
is not personally and substantially involved in the underlying
procurement action; and (3) identify the steps to be taken to harmonize
the contractor's rights under (FAR) 48 CFR 3.204 and the actions
required by the Procurement Integrity Act if the alleged violation
occurs during the conduct of a procurement.
Response: The comment was adopted. See the revisions to (TAR) 48
CFR 1203.204.
Comment: The commenter recommended that (TAR) 48 CFR 1209.507 be
changed to make the use of (TAR) 48 CFR 1252.209-70, Disclosure of
Conflicts of Interest, clause discretionary.
Response: We agree. (TAR) 48 CFR 1209.507 has been modified to
state that the contracting officer ``may'' use the clause at (TAR) 48
CFR 1252.209-70, when applicable.
Comment: The commenter supported the NPRM's contained in (TAR) 48
CFR 1215.804-6, Submission of data, to prohibit contracting officers
from requiring contractors to certify submitted data when partial or
limited data is obtained for cost realism or price analysis purposes.
Response: The support for this change is appreciated. No change in
the proposed TAR chapter 12 is required.
Comment: The commenter recommended that at (TAR) 48 CFR 1217.7100,
Policy, the comma at the end of the tenth line be deleted and the
remainder of the sentence changed to read: ``at no cost to the Federal
Government, in exchange for sharing direct energy cost savings'' to
more accurately reflect 42 U.S.C. 8287(a)(1).
Response: The comment was adopted with slight modification to the
proposed wording.
Comment: The commenter recommended that pursuant to (TAR) 48 CFR
1219.1006, DOT maintain records of the number and total dollar amount
of architectural and engineering (A&E) services contracts being set-
aside for emerging small businesses to see the effect on other small
businesses in the A&E services industry.
Response: We agree in principle. Section 712(b)(2) of the Business
Opportunity Development Reform Act of 1988 requires the Administrator
of the Office of Federal Procurement Policy (OFPP) to adjust the
monetary threshold for contracts reserved exclusively for emerging
small businesses when the participation goal of 15% has not been
attained in a Designated Industry Group (DIG). Under (FAR) 48 CFR
19.1005(a)(3), A&E services is a DIG. To comply with the Act, OFPP
monitors small business participation through the Federal Procurement
Data System (FPDS). The same data requested by the commenter is
captured by and provided to the FPDS through the DOT Contract
Information System.
Comment: The commenter commends DOT for placing focus on the
qualifications and capability of design professional firms in the
evaluation process pursuant to Section 1236.602-1, but questions an
evaluation whereby individual contractors are judged based on their
hiring performance compared against a locality's minority population.
Response: The comment was adopted. The reference to the percentage
of minorities in the locality has been removed, and the selection
criteria at (TAR) 48 CFR 1236.602-1(c) have been combined and clarified
to give flexibility to the evaluators and permit them to rely upon
available data.
Comment: The commenter believes that (TAR) 48 CFR 1252.209-70,
Disclosure of Conflicts of Interest, is too broad and narrow and
imposes sweeping disclosure requirements. The commenter recommends that
DOT contracting officers be required to narrow the data request to the
maximum extent practicable by defining in the solicitation the types of
effort DOT considers to be related to the work under the solicitation.
Response: We disagree. DOT is a regulatory agency as well as an
agency that provides financial assistance and lets contracts. The DOT
clause is designed to identify conflicts that may be of a regulatory
nature that could potentially apply in a procurement setting. In many
cases, a contracting officer may not be aware of potential conflicts of
interest, they may exist with a potential contractor due to a
regulatory relationship they may have with the agency. The clause is
designed to identify any and all relationships that might present a
conflict.
Comment: The commenter recommends that (TAR) 48 CFR 1252.216-72(a)
should be clarified to make clear that performance evaluations are to
be within the judgment of the Government provided they are in
accordance with criteria stated in the contract.
Response: This recommendation was accepted and (TAR) 48 CFR
1252.216-72(a) has been changed to address this clarification.
Comment: The commenter recommended deleting the sentence: ``Nothing
contained in the contract shall be construed as creating any
contractual relationship between any subcontractor and the Government .
. .'' from (TAR) 48 CFR 1252.217-74, Subcontracts, because in certain
circumstances there can be a contractual relationship between a
subcontractor and the Government.
Response: The comment was not adopted because the clause serves to
clarify rather than leave unclear the Government's intent that there
not be privity of contract between the Government and a subcontractor.
Comment: The commenter recommended that (TAR) 48 CFR 1252.217-76,
Liability and Insurance, and (TAR) 48 CFR 1252.217-81, Guarantee, be
amended in order that both shipyards and the Government may know
exactly what insurance coverage is needed on ship repair contracts and
what risks each party agrees to assume.
Response: The specific revisions the commenter recommended were not
adopted because we do not believe the commenter's interpretation is
accurate. However, we do believe that the clauses could be revised.
Further clarifications will be accomplished in the next revision to
(TAR) 48 CFR chapter 12.
Comment: The commenter recommended that (TAR) 48 CFR 1252.217-81,
Guarantee, be amended to reflect a standard 60-day guarantee period to
be consistent with (TAR) 48 CFR 1217.7000(c)(2).
Response: The comment was adopted.
Comment: The commenter proposed several technical corrections.
Response: All the technical corrections were adopted except the
recommended change (TAR) 48 CFR 1252.217-81. The reference in this
clause should be to (TAR) 48 CFR 1217.7000 (c) rather than (e).
C. Additional Changes
After publication of the NPRM, further changes to the TAR were
necessary including various edits and the following clarifications or
updates which are summarized by part:
(TAR) 48 CFR 1201, Federal Acquisition Regulations System. (TAR) 48
CFR 1201.105, OMB Approval Under the Paperwork Reduction Act, was
revised to reflect the expiration date of April 30, 1997, for the
collection of the information under (TAR) 48 CFR chapter 12, OMB
Control Number 2105-0517.
(TAR) 48 CFR 1209.406-3, Procedures. This section was modified to
require submission of a recommended notice of debarment vice the
submission of a proposed debarment notice to the senior procurement
executive for action.
(TAR) 48 CFR 1209.407-3, Procedures. This section was modified to
require submission of a recommended suspension notice vice the
submission of a proposed suspension notice to the senior procurement
executive for action.
(TAR) 48 CFR 1223.7000, Contract clauses. To assist the contracting
officer in determining risks under (TAR) 48 CFR 1252.223-72, a second
sentence was added to paragraph (b) to indicate where copies of the
referenced National Highway Traffic Safety Administration publications
can be obtained.
(TAR) 48 CFR 1252.223-72, Protection of human subjects. This clause
has been corrected to reflect the applicability of the clause to all
contracts under which human test subjects will be utilized, as
prescribed in (TAR) 48 CFR 1223.7000(b).
(TAR) 48 CFR 1253, Forms. Each DOT form was modified to change its
expiration date to April 30, 1997, in consonance with the expiration
date of OMB Control Number 2105-0517 for the collection of information
under (TAR) 48 CFR chapter 12.
The Department is also terminating an earlier rulemaking concerning
the TAR. On December 15, 1989 (54 FR 51426), the Department published a
NPRM to add TAR coverage on various issues including debarment,
suspension, and protests to the agency. Comments were received but the
rule was never finalized. This final rule makes the 1989 rule obsolete
since changes proposed in it are either incorporated in, or superseded
by, this final rule.
D. Regulatory Analyses and Notices
The Department has determined that this action is not a significant
regulatory action under Executive Order 12866 or under the Departments
Regulatory Policies and Procedures. The Department does not believe
that there would be sufficient Federalism implications to warrant the
preparation of a Federalism assessment. This rule will not have a
significant economic impact on a substantial number of small entities
because the basic policies remain unchanged. Therefore, this rule does
not require a regulatory flexibility analysis under the Regulatory
Flexibility Act of 1980.
E. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) applies because the
final rule contains information collection requirements which require
OMB approval under 44 U.S.C. 3501, et seq. OMB has granted approval for
a 3-year period ending April 30, 1997, under OMB Control Number 2105-
0517.
List of Subjects in 48 CFR Chapter 12
Government procurement.
This final rule is issued by delegated authority under 49 CFR
1.59(q). This authority has been redelegated to the Senior Procurement
Executive. Issued this 29th day of July 1994, at Washington, DC.
Linda M. Higgins,
Director of Acquisition and Grant Management.
Adoption of Amendments
Title 48 of the Code of Federal Regulations, chapter 12, is revised
to read as follows:
PART 1201--FEDERAL ACQUISITION REGULATION SYSTEM
Subpart 1201.1--Purpose, Authority, Issuance
1201.101 Purpose.
1201.102 Authority.
1201.103 Applicability.
1201.104 Issuance.
1201.104-1 Publication and code arrangement.
1201.104-2 Arrangement of regulations.
1201.104-3 Copies.
1201.105 OMB Approval Under the Paperwork Reduction Act.
Subpart 1201.2--Administration
1201.201 Maintenance of the FAR.
1201.201-1 The two councils.
Subpart 1201.3--Agency Acquisition Regulations
1201.301 Policy.
1201.301-70 Amendment (TAR) 48 CFR chapter 12.
1201.301-71 Effective date.
1201.301-72 TAC or TN numbering.
1201.304 Agency control and compliance procedures.
Subpart 1201.470--Deviations From the FAR and (TAR)
1201.403 Individual deviations.
1201.404 Class deviations.
Subpart 1201.6--Contracting Authority and Responsibilities
1201.602-3 Ratification of unauthorized commitments.
1201.603-1 General.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1201.1--Purpose, Authority, Issuance
1201.101 Purpose.
The Department of Transportation Acquisition Regulation (TAR)
establishes uniform acquisition policies and procedures, which
implement and supplement the Federal Acquisition Regulation (FAR).
1201.102 Authority.
The Secretary of Transportation has delegated the authority to
issue Department of Transportation (DOT) procurement regulations (i.e.,
the TAR) to the Assistant Secretary for Administration who has
redelegated this authority to the Senior Procurement Executive (SPE).
1201.103 Applicability.
(a) Statute, the FAR, and (TAR) 48 CFR chapter 12 apply to all
acquisitions within the Department unless otherwise excluded by
statute, the FAR or (TAR) 48 CFR chapter 12.
(b) The following order of precedence applies to resolve any
acquisition regulation or procedural inconsistency found within (TAR)
48 CFR chapter 12 or the Transportation Acquisition Manual (TAM):
(1) Statute;
(2) FAR or other applicable regulation;
(3) TAR;
(4) DOT Orders; and
(5) TAM.
(c) The Maritime Administration may depart from the requirements of
the FAR and (TAR) 48 CFR chapter 12 as authorized by 40 U.S.C.
Sec. 474(16), but shall adhere to those regulations to the maximum
extent practicable. Exceptions from the requirements of the FAR and/or
TAR shall be documented according to Maritime Administration procedures
or in each contract file, as appropriate.
1201.104 Issuance.
1201.104-1 Publication and code arrangement.
(a) The TAR is published in: (1) The Federal Register; (2)
cumulated form in the CFR; and (3) separate loose-leaf form.
(b) The TAR is issued as chapter 12 of Title 48 of the CFR.
1201.104-2 Arrangement of regulations.
(a) General. The TAR, which encompasses both Departmentwide and
operating administration-unique guidance (see (TAR) 48 CFR 1201.3),
conforms with the arrangement and numbering system prescribed by (FAR)
48 CFR 1.104. Guidance which is unique to an operating administration
contains the operating administration acronym directly preceding the
cite/page number. The following acronyms apply when regulatory coverage
is written:
FAA--Federal Aviation Administration
FHWA--Federal Highway Administration
FRA--Federal Railroad Administration
FTA--Federal Transit Administration
MARAD--Maritime Administration
NHTSA--National Highway Traffic Safety Administration
OST--Office of the Secretary
RSPA--Research and Special Programs Administration
SLSDC--Saint Lawrence Seaway Development Corporation
USCG--United States Coast Guard
(b) Numbering--(1) Departmentwide guidance.
(i) The numbering illustrations at (FAR) 48 CFR 1.104-2(b) apply to
the TAR.
(ii) Coverage within (TAR) 48 CFR chapter 12 is identified by the
prefix ``12'' followed by the complete FAR cite which may be down to
the subparagraph level (e.g., (TAR) 48 CFR 1201.201-1).
(iii) Coverage in this chapter 12 that supplements the FAR will use
part, subpart, section and subsection numbers ending in ``70'' through
``89''. A series of numbers beginning with ``70'' is used for
provisions and clauses (e.g., (TAR) 48 CFR 1201.301-70).
(iv) Coverage in (TAR) 48 CFR chapter 12, other than that
identified with a ``70'' or higher number, that implements the FAR uses
the identical number sequence and caption of the FAR segment being
implemented which may be down to the subparagraph level. Subparagraph
numbers/letters may not be shown as sequential, but may be shown by the
specific paragraph/subparagraph implemented from the FAR (e.g., (TAR)
48 CFR 1201.201-1 contains subparagraphs (b) and (d) because only these
subparagraphs, correlating to FAR, are being supplemented by (TAR) 48
CFR chapter 12).
(2) Operating administration-unique guidance. Supplementary
material for which there is no counterpart in the FAR or TAR shall be
identified using chapter, part, subpart, section, or subsection numbers
of ``90'' and up (e.g., the U.S. Coast Guard's acronym is ``USCG''; a
USCG-unique clause pertaining to ``Inspection and/or Acceptance'' would
be designated ``USCG 1252.246-90'').
(c) References and citations. (TAR) 48 CFR chapter 12 may be
referred to as the Department of Transportation Acquisition Regulation
or the TAR. Cross references to the FAR in (TAR) 48 CFR chapter 12 will
be cited by ``FAR'' followed by the FAR numbered cite, and cross
reference to the TAM in (TAR) 48 CFR chapter 12 will be cited by
``TAM'' followed by the TAM numbered cite. References to specific cites
within (TAR) 48 CFR chapter 12 will be by the numbered cite only.
1201.104-3 Copies.
Copies of the TAR in Federal Register, loose-leaf, and CFR form may
be purchased from the Superintendent of Documents, Government Printing
Office, Washington, DC, 20402.
1201.105 OMB Approval Under the Paperwork Reduction Act.
(a) Data collection by regulation. The information collection and
recordkeeping requirements contained in (TAR) 48 CFR chapter 12 have
been approved by the Office of Management and Budget (OMB). The OMB
Control Number for the collection of the information under 48 CFR
chapter 12 is 2105-0517 which expires on April 30, 1997.
(b) Data collection under proposed contracts. Under the regulations
implementing the requirements of the Paperwork Reduction Act (5 CFR
part 1320), OMB must approve, prior to obligation of funds, proposed
contracts which require the collection of information from ten or more
non-Federal persons or entities. Solicitations containing this type of
information collection may be released prior to OMB approval provided:
(1) A statement is included in the solicitation to the effect that
contract award will not be made until OMB approval of the information
collection requirements of the proposed contract has been obtained; and
(2) Enough time is permitted to allow receipt of OMB approval prior
to contract award.
Subpart 1201.2--Administration
1201.201 Maintenance of the FAR.
1201.201-1 The two councils.
(b) The SPE is responsible for providing a DOT representative to
the Civilian Agency Acquisition Council.
(d) The Office of Acquisition and Grant Management is responsible
for Departmentwide review and coordination of cases containing proposed
FAR revisions, as necessary, approval of DOT-generated cases, and
submission of cases to the Civilian Agency Acquisition Council.
Subpart 1201.3--Agency Acquisition Regulations
1201.301 Policy.
(a) (1) Acquisition regulations--(i) Departmentwide acquisition
regulations. The authority of the agency head under (FAR) 48 CFR
1.301(a)(1) is delegated to the Assistant Secretary for Administration.
(ii) Operating administration acquisition regulations. Operating
administration acquisition regulations, and any changes thereto, shall
be reviewed and approved by the SPE for insertion into the TAR as a TAR
supplemental regulation before the SPE submits the proposed coverage
for publication in the Federal Register in accordance with (FAR) 48 CFR
1.501. Operating administration regulations may be more restrictive or
require higher approval levels than those permitted by (TAR) 48 CFR
chapter 12 unless specified otherwise.
1201.301-70 Amendment of (TAR) 48 CFR chapter 12.
(a) Changes to the regulation may be the result of recommendations
from internal DOT personnel, other Government agencies, or the public.
These changes are to be submitted in the following format to the Office
of Acquisition and Grant Management, 400 7th Street, S.W., Washington,
DC 20590:
(1) Problem: Succinctly state the problems created by current TAR
language and describe the factual and/or legal reasons necessitating
regulatory change.
(2) Recommendation: Identify the recommended change by using the
current language and lining through the words being deleted and
inserting proposed language in brackets. If the change is extensive,
deleted language may be displayed by forming a box with diagonal lines
connecting the corners.
(3) Discussion: Explain why the change is necessary and how the
change will solve the problem. Address any cost or administrative
impact on Government activities, offerors, and contractors. Provide any
other helpful information and documents such as statutes, legal
decisions, regulations, reports, etc.
(4) Collaterals: Address the need for public comment (see (FAR) 48
CFR 1.301 and (FAR) 48 CFR Subpart 1.5), the Paperwork Reduction Act,
and the Regulatory Flexibility Act (see (FAR) 48 CFR 1.301(c)).
(5) Point of contact: Provide a point of contact for answering
questions regarding the recommendation.
(b) The TAR will be maintained by the SPE through the TAR Council
System (i.e., representatives from DOT operating administrations
specifically designated to formulate Departmental acquisition policies
and procedures).
(1) Transportation Acquisition Circular (TAC). TACs containing
loose-leaf replacement pages which revise parts, subparts, or
paragraphs (also see (TAR) 48 CFR 1201.301-72 below) will be used to
amend (TAR) 48 CFR chapter 12. Each replacement page will bear at the
top the TAC number and date. A vertical bar next to the coverage
indicates that a change has been made.
(2) TAR Notice (TN). (i) TNs shall be issued when interim guidance
is necessary and as often as may be necessary, under any of the
following circumstances:
(A) To promulgate, as rapidly as possible, selected material in a
general or narrative manner, in advance of a TAC issuance;
(B) To disseminate other acquisition related information; or
(C) To issue guidance which is expected to be effective for a
period of 1 year or less.
(ii) Each TN will terminate upon its specified expiration date.
1201.301-71 Effective date.
Unless otherwise stated, the following applies--
(a) Statements in TACs or TNs to the effect that the material
therein is ``effective upon receipt,'' ``upon a specified date,'' or
that changes set forth in the document are ``to be used upon receipt,''
mean that any new or revised provisions, clauses, procedures, or forms
must be included in solicitations, contracts or modifications issued
thereafter; and
(b) Unless expressly directed by statute or regulation, if
solicitations are already in process or negotiations complete when the
TAC or TN is received, the new information (e.g., forms and clauses)
need not be included if it is determined by the chief of the
contracting office that its inclusion would not be in the best interest
of the Government.
1201.301-72 TAC or TN numbering.
TACs and TNs will be numbered consecutively on a fiscal year basis
beginning with number ``01'' prefixed by the last two digits of the
fiscal year (e.g., TNs 94-01 and 94-02 indicate the first two TNs
issued in fiscal year 1994).
1201.304 Agency control and compliance procedures.
(a) DOT shall control the proliferation of acquisition regulations
by the TAR Council System. (TAR) 48 CFR chapter 12 and any revisions
thereto (except for paragraph (b) of this section will be prepared and
issued through the TAR Council System. The members of the TAR Council
System shall represent their operating administration's viewpoints
along with Departmentwide considerations and be selected for their
superior expertise and acquisition knowledge. Further coordination
(e.g., Offices of the Inspector General and General Counsel) beyond the
TAR Council System may be recommended by the TAR Council to the SPE as
deemed appropriate.
(b) Operating administration-unique regulations will not be
processed through the TAR Council System, but shall be reviewed by
operating administration legal counsel and submitted to M-60 for review
and approval. (See (TAR) 48 CFR 1252.101 for additional instructions
pertaining to provisions and clauses.)
Subpart 1201.470--Deviations From the FAR and TAR
1.403 Individual deviations.
Individual deviations from the FAR and (TAR) 48 CFR chapter 12 may
be granted in writing by the Head of the Contracting Activity within
the operating administration.
1.404 Class deviations.
Class deviations from the FAR and (TAR) 48 CFR chapter 12 may be
granted in writing by the Senior Procurement Executive unless (FAR) 48
CFR 1.405(e) is applicable.
Subpart 1201.6--Contracting Authority and Responsibilities
1201.602-3 Ratification of unauthorized commitments.
(b) Policy. It is the policy of DOT that all procurements are to be
made only by Government officials having authority to make such
acquisitions. Procurements made by other than authorized personnel are
contrary to Departmental policy and may be considered matters of
serious misconduct on the part of the employee making an unauthorized
commitment. Consideration will be given to initiating disciplinary
action against an employee who makes an unauthorized commitment.
1201.603-1 General.
Each DOT operating administration is responsible for appointing its
contracting officers.
PART 1202--DEFINITIONS OF WORDS AND TERMS
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1202.1--Definitions
1202.1 Definitions.
(a) Agency, Federal agency, or Executive agency means the
Department of Transportation.
(b) Chief of the contracting office (COCO) means the individual(s)
responsible for managing the contracting office(s) within an operating
administration.
(c) Contracting activity includes all the contracting offices
within an operating administration and is the same as the term
``procuring activity.''
(d) Contracting officer means an individual authorized by virtue of
his/her position or by appointment to perform the functions assigned by
the Federal Acquisition Regulation and the Transportation Acquisition
Regulation.
(e) Department of Transportation (DOT) means all of the operating
administrations included within the Department of Transportation.
(f) Head of the agency or agency head means the Secretary of
Transportation.
(g) Head of the contracting activity (HCA) means the individual
responsible for managing the contracting offices within an operating
administration who is a member of the Senior Executive Service or a
flag officer.
(h) Head of the operating administration (HOA) means the individual
appointed by the President to manage the operating administration. (For
acquisition related matters, the Assistant Secretary for Administration
is the HOA for the Office of the Secretary (OST)).
(i) Operating administration (OA) means the following components of
DOT:
(1) Federal Aviation Administration (FAA);
(2) Federal Highway Administration (FHWA);
(3) Federal Railroad Administration (FRA);
(4) Federal Transit Administration (FTA);
(5) Maritime Administration (MARAD);
(6) National Highway Traffic Safety Administration (NHTSA);
(7) Office of the Secretary (OST);
(8) Research and Special Programs Administration (RSPA);
(9) Saint Lawrence Seaway Development Corporation (SLSDC); and
(10) United States Coast Guard (USCG).
(j) Senior Procurement Executive (SPE) means the Director of the
Office of Acquisition and Grant Management (M-60).
PART 1203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 1203.1--Safeguards
1203.101-3 Agency regulations.
1203.104-11 Processing violations or possible violations.
Subpart 1203.2--Contractor Gratuities to Government Personnel
1203.203 Reporting suspected violations of the Gratuities clause.
1203.204 Treatment of violations.
Subpart 1203.3--Reports of Suspected Antitrust Violations
1203.301 General.
Subpart 1203.4--Contingent Fees
1203.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
Subpart 1203.5--Other Improper Business Practices
1203.502 Subcontractor kickbacks.
1203.502-2 General.
Subpart 1203.8--Limitation on the Payment of Funds to Influence
Federal Transactions
1203.806 Processing suspected violations.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1203.1--Safeguards
1203.101-3 Agency regulations.
(b) 5 CFR part 2635, Standards of Ethical Conduct for Employees of
the Executive Branch, supersedes the DOT regulation at 49 CFR part 99.
1203.104-11 Processing violations or possible violations.
(a) The COCO is the reviewing official for processing violations.
(1) When the contracting officer receives information of a
violation or possible violation, and concludes that the reported
violation or possible violation of the statutory prohibitions has no
impact on the pending procurement, the contracting officer shall
forward the information required by (FAR) 48 CFR 3.104-11(a)(1) to the
COCO for concurrence with the contracting officer's conclusion. If the
COCO concurs with the conclusion, the contracting officer shall proceed
with the award, and the COCO shall submit the information and
conclusion to the HCA.
(2) When the COCO does not concur with the conclusion of the
contracting officer, the COCO shall advise the contracting officer to
withhold award, and the COCO shall promptly forward the information and
documentation to the HCA.
(3) When the contracting officer determines that the information
concerning a violation or possible violation will impact the pending
procurement, the contracting officer shall promptly forward the
information and documentation to the HCA.
(b) The HCA shall review the information transmitted in accordance
with subparagraph (a)(1) through (a)(3) of this section and take
appropriate action, as required by (FAR) 48 CFR 3.104-11(b).
(c) If the HCA believes that a violation has occurred and the
information should be disclosed to a criminal investigative agency
(e.g, the Department of Justice) or that there may be a possible
violation, and an investigation should be conducted, the HCA shall
obtain guidance from legal counsel and the OIG prior to taking any
action. If the HCA, pursuant to (FAR) 48 CFR 3.104-11(f), determines
that award is justified by urgent and compelling circumstances, or is
otherwise in the interests of the Government, a memorandum of the facts
and circumstances shall be signed by the HCA and placed in the contract
file.
Subpart 1203.2--Contractor Gratuities to Government Personnel
1203.203 Reporting suspected violations of the Gratuities clause.
(a) Suspected violations of the Gratuities clause shall be reported
to the contracting officer responsible for the acquisition (or the COCO
if the contracting officer is suspected of the violation). The
contracting officer (or COCO) shall obtain from the person reporting
the violation, and any witnesses to the violation, the following
information:
(1) The date, time, and place of the suspected violation;
(2) The name and title (if known) of the individual(s) involved in
the violation; and
(3) The details of the violation (e.g., the gratuity offered or
intended) to obtain a contract or favorable treatment under a contract.
(b) The person reporting the violation and witnesses (if any)
should be requested to sign and date the information certifying that
the information furnished is true and correct.
(c) The COCO shall report suspected violations to the Office of the
Inspector General (OIG) (J-1), 400 7th Street, S.W., Washington, DC,
20590, with a copy to General Counsel (C-1) and the OA's Chief Counsel.
1203.204 Treatment of violations.
(a) The authority of the agency head established in (FAR) 48 CFR
3.204(a), to determine whether a gratuities clause violation has
occurred, has been delegated to the HCA. If the decision maker pursuant
to this delegation has been personally and substantially involved in
the procurement, the advice of Government legal counsel should be
sought to determine whether an alternate decision maker should be
designated.
(b) The COCO shall ensure that the hearing procedures required by
FAR 3.204 are afforded to the contractor. Government legal counsel
should be consulted regarding the appropriateness of the hearing
procedures that are established.
(c) If the alleged gratuities violation occurs during the ``conduct
of an agency procurement'' as defined by (FAR) 48 CFR 3.104-4(c)(1),
the COCO shall consult with Government legal counsel regarding the
approach for appropriate processing of either the Procurement Integrity
Act violation and/or the Gratuities violation.
Subpart 1203.3--Reports of Suspected Antitrust Violations
1203.301 General.
(b) The same procedures contained in (TAR) 48 CFR 1203.203 shall
also be followed for suspected antitrust violations, except suspected
antitrust violations shall be reported through legal counsel in
accordance with (FAR) 48 CFR 3.303.
Subpart 1203.4--Contingent Fees
1203.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
(a) The same procedures contained in (TAR) 48 CFR 1203.203 shall
also be followed for misrepresentation or violations of the covenant
against contingent fees.
Subpart 1203.5--Other Improper Business Practices
1203.502 Subcontractor kickbacks.
1203.502-2 General.
(g) The same procedures contained in (TAR) 48 CFR 1203.203 shall
also be followed for subcontractor kickbacks.
Subpart 1203.8--Limitation on the Payment of Funds to Influence
Federal Transactions
1203.806 Processing suspected violations.
Contracting officers shall report, in accordance with OA
procedures, suspected violations of the requirements of 31 U.S.C. 1352
to the Assistant Inspector General for Investigations (JI-1), 400
Seventh Street, S.W., Washington, DC, 20590.
PART 1204--ADMINISTRATIVE MATTERS
Subpart 1204.1--Contract Execution
1204.103 Contract clause.
Subpart 1204.8--Contract Files
1204.804 Closeout of contract files.
1204.804-1 Closeout by the office administering the contract.
1204.804-5 Detailed procedures for closing out contract files.
1204.804-570 Supporting closeout documents.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1204.1--Contract Execution
1204.103 Contract clause.
The contracting officer shall insert the clause at (FAR) 48 CFR
52.204-1, Approval of Contract, filled in as appropriate, in
solicitations when approval to award the resulting contract must be
obtained from an official at a level above the contracting officer.
Subpart 1204.8--Contract Files
1204.804 Closeout of contract files.
1204.804-1 Closeout by the office administering the contract.
(b) If the contracting officer determines appropriate, the quick
closeout procedures under (FAR) 48 CFR 42.708 may be used for the
settlement of indirect costs under contracts when the estimated amount
(excluding any fixed fee) of the contract is $3 million or less.
1204.804-5 Detailed procedures for closing out contract files.
1204.804-570 Supporting closeout documents.
(a) When applicable (see parenthetical examples in this paragraph)
and prior to contract closure, the contracting officer shall obtain the
listed DOT and Department of Defense (DOD) forms from the contractor to
facilitate contract closeout.
(1) Form DOT F 4220.4, Contractor's Release (e.g., see (FAR) 48 CFR
52.216-7);
(2) Form DOT F 4220.45, Contractor's Assignment of Refunds,
Rebates, Credits and Other Amounts (e.g., see (FAR) 48 CFR 52.216-7);
(3) Form DOT F 4220.46, Cumulative Claim and Reconciliation
Statement (e.g., see (FAR) 48 CFR 4.804-5(a)(13); and
(4) DD Form 882, Report of Inventions and Subcontracts (e.g., see
(FAR) 48 CFR 52.227-14).
(b) The forms (See (TAR) 48 CFR part 1253) are used primarily for
the closeout of cost-reimbursement, time-and-materials, and labor-hour
contracts. However, the forms may also be used for closeout of other
contract types or when necessary to protect the Government's interest.
PART 1205--PUBLICIZING CONTRACT ACTIONS
Subpart 1205.1--Dissemination of Information
1205.101 Methods of disseminating information.
Subpart 1205.4--Release of Information
1205.402 General public.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1205.1--Dissemination of Information
1205.101 Methods of disseminating information.
(a)(2) To facilitate public examination of solicitations expected
to exceed $10,000, but not expected to exceed the small purchase
limitation, COCOs are encouraged to post the notice of the solicitation
or a copy of the solicitation in a central location within the
contracting office.
(b) DOT publishes a Procurement Forecast of planned procurements
each fiscal year, which is available from the DOT Office of Small and
Disadvantaged Business Utilization (S-40), 400 Seventh Street, S.W.,
Washington, DC, 20590.
Subpart 1205.4--Release of Information
1205.402 General public.
It is DOT policy to furnish to the general public, upon request,
the following information on proposed contracts and contract awards:
(a) Prior to the opening of sealed bids or the closing date for
receipt of proposals, the names of firms invited to submit sealed bids
or proposals;
(b) Prior to the opening of sealed bids or the closing date for
receipt of proposals, the names of firms which attended pre-proposal or
pre-bid conferences, when held;
(c) After the opening of sealed bids, names of firms which
submitted bids; and
(d) After contract award, the names of firms which submitted
proposals.
Requests for other specific information shall be processed in
accordance with the DOT Freedom of Information Act rules and
regulations ((TAR) 48 CFR 1224.202).
PART 1206--COMPETITION REQUIREMENTS
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1206.5--Competition Advocates
1206.501 Requirement.
The DOT Senior Competition Advocate (SCA) is located in the Office
of the Assistant Secretary for Administration. Correspondence may be
sent directly to M-60.
PART 1207--ACQUISITION PLANNING
Subpart 1207.3--Contractor Versus Government Performance
1207.302 General.
1207.307 Appeals.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1207.3--Contractor Versus Government Performance
1207.302 General.
Procedures for DOT's implementation of OMB Circular A-76,
Performance of Commercial Activities, and (FAR) 48 CFR 7.3 are found in
DOT Order 4400.2 series, Performance of Commercial Activities.
1207.307 Appeals.
DOT appeal procedures for informal administrative review of initial
cost-comparison results are contained in DOT Order 4400.2 series.
PART 1209--CONTRACTOR QUALIFICATIONS
Subpart 1209.4--Debarment, Suspension, and Ineligibility
1209.406 Debarment.
1209.406-3 Procedures.
1209.407 Suspension.
1209.407-3 Procedures.
Subpart 1209.5--Organizational Conflicts of Interest
1209.507 Solicitation provisions and contract clause.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1209.4--Debarment, Suspension, and Ineligibility
1209.406 Debarment.
1209.406-3 Procedures.
(a) Investigation and referral. The COCO shall submit to the SPE
the recommended debarment notice for issuance by the SPE (see (FAR) 48
CFR 9.406-3(c)). Reports and notices shall be coordinated with OA legal
counsel prior to submission to the SPE.
(b) Decisionmaking process. After receipt of the OA report, the SPE
may request from interested parties (including the contractor if deemed
appropriate) a meeting or additional supporting information to assist
in the debarment decision.
(c) Notice of proposal to debar. The SPE shall provide a copy of
the dated, signed notice of the debarment action to the COCO.
(d) Debarring official's decision. When it is found that the
contractor's submission raises a genuine dispute over facts material to
the proposed debarment, the SPE may request the DOT Board of Contract
Appeals (BCA) to conduct fact finding and provide a report containing
the results of the fact finding.
(e) Notice of debarring official's decision. The SPE shall notify
the COCO prior to deciding whether or not to impose debarment. The COCO
shall be furnished the original of the signed SPE decision to include
in the contract file. The SPE shall provide a copy of the decision to
GSA in accordance with (FAR) 48 CFR 9.404(c).
1209.407 Suspension.
1209.407-3 Procedures.
(a) Investigation and referral. The COCO shall submit to the SPE
the recommended suspension notice for issuance by the SPE (see (FAR) 48
CFR 9.407-3(c)). Reports and notices shall be coordinated with OA legal
counsel prior to submission to the SPE.
(b) Decisionmaking process. After receipt of the OA report, the SPE
may request from interested parties (including the contractor if deemed
appropriate) a meeting or additional supporting information to assist
in the suspension decision.
(c) Notice of suspension. The SPE shall provide a copy of the
dated, signed notice of suspension action to the COCO.
(d) Suspending official's decision. When it is found that the
contractor's submission raises a genuine dispute over facts material to
the proposed suspension, the SPE may request the DOTBCA to conduct fact
finding and provide a report containing the results of the fact
finding. The SPE shall notify the COCO prior to deciding whether or not
to suspend. The COCO shall be furnished the original of the signed SPE
decision, which shall be included in the contract file. The SPE shall
provide a copy of the decision to GSA in accordance with (FAR) 48 CFR
9.404(c).
Subpart 1209.5--Organizational Conflicts of Interest
1209.507 Solicitation provisions.
The contracting officer may insert the provision at (TAR) 48 CFR
1252.209-70, ``Disclosure of Conflicts of Interest'' in all
solicitations for negotiated acquisitions, above the small purchase
limitation established in (FAR) 48 CFR Part 13, when the contracting
officer believes the conditions enumerated in (FAR) 48 CFR 9.507-2
warrant inclusion.
PART 1210--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE
DESCRIPTIONS
1210.004 Selecting specifications or descriptions for use.
1210.004-70 Offer evaluation and award, brand name or equal
descriptions.
1210.011 Solicitation provisions and contract clauses.
1210.011-90 Solicitation provision and contract clause. (USCG)
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
1210.004 Selecting specifications or descriptions for use.
1210.004-70 Offer evaluation and award, brand name or equal
descriptions.
(a) An offer may not be rejected for failure of the offered product
to equal a characteristic of a brand name product if it was not
specified in the brand name or equal description. However, if it is
clearly established that the unspecified characteristic is essential to
the intended end use, the solicitation may be defective and need to be
amended or the requirement resolicited.
(b) The contracting officer shall insert in the solicitation an
entry substantially as follows for completion by the offeror in the
item listing after each item or component part of an end item to which
a brand name or equal purchase description applies:
Offering on------------------------------------------------------------
Manufacturer's Name----------------------------------------------------
Brand------------------------------------------------------------------
No.--------------------------------------------------------------------
(c) Except when bid samples are requested for brand name or equal
procurements, the following note shall be inserted in the item listing
after each brand name or equal item (or component part), or at the
bottom of each page, listing several such items, or in a manner that
may otherwise direct the offeror's attention to this note:
Offerors offering other than brand name items identified herein
should furnish with their offers adequate information to ensure that
a determination can be made as to equality of the product(s) offered
(see the provision at (TAR) 48 CFR 1252.210-70, Brand Name or
Equal).
1210.011 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the provision at (TAR) 48
CFR 1252.210-70, Brand Name or Equal, in solicitations using a brand
name or equal purchase description whenever practicable.
(b) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.210-71, Index for Specifications, when an index or table of
contents may be furnished with the specification.
1210.011-90 Solicitation provision and contract clause. (USCG)
(a) The contracting officer shall insert the USCG clause at (TAR)
48 CFR 1252.210-90, Bar Coding Requirement, in solicitations and
contracts over the small purchase limitation (also see (TAR) 48 CFR
1213.507-90) when the bar coding of supplies is necessary.
(b) See (TAR) 48 CFR 1213.507-90 for a provision which is required
when the USCG clause at (TAR) 48 CFR 1252.210-90, Bar Coding
Requirement, is used in small purchases.
PART 1212--CONTRACT DELIVERY OR PERFORMANCE
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1212.3--Priorities and Allocations
1212.302 General.
(c) The USCG is the only DOT OA delegated authority under the
Defense Priorities and Allocations System (DPAS) regulation (15 CFR
part 700) to assign priority ratings on contracts and orders placed
with contractors to acquire products, materials, and services in
support of USCG certified national defense related programs.
PART 1213--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
Subpart 1213.1--General
1213.107-90 Solicitation provision (supplies). (USCG)
Subpart 1213.5--Purchase Orders
1213.507-90 Clauses. (USCG)
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1213.1--General
1213.107-90 Solicitation provision (supplies). (USCG)
The contracting officer shall insert the USCG provision at (TAR) 48
CFR 1252.210-90, Evaluation Factor for Coast Guard Performance of Bar
Coding Requirement, in requests for quotations when the USCG clause at
(TAR) 48 CFR 1252.210-90(a), Bar Coding Requirement, is used in small
purchases.
Subpart 1213.5--Purchase Orders
1213.507-90 Clauses. (USCG)
The contracting officer shall insert the USCG clause at (TAR) 48
CFR 1252.210-90, Bar Coding Requirement, in requests for quotations and
purchase orders issued by the Inventory Control Points when bar coding
of supplies is necessary.
PART 1214--SEALED BIDDING
Subpart 1214.2--Solicitation of Bids
1214.205 Solicitation mailing lists.
1214.205-1 Establishment of lists.
Subpart 1214.3--Submission of Bids
1214.302 Bid submission.
1214.303 Modification or withdrawal of bids.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1214.2--Solicitation of Bids
1214.205 Solicitation mailing lists.
1214.205-1 Establishment of lists.
(b) The issuance of a solicitation within a reasonable time (i.e.,
normally 45 days) after receipt of a SF 129, Solicitation Mailing List
Application, constitutes the notification required under (FAR) 48 CFR
14.205-1. If a solicitation is not anticipated for release within a
reasonable time after receipt of the SF 129 or if an applicant does not
meet the criteria for placement on the list, the contracting officer
shall provide a written notification of acceptance or non-acceptance to
the applicant within 45 days of application receipt.
(d) Requests for supplemental information shall normally be
attached to the SF 129 and forwarded to potential suppliers for
completion.
Subpart 1214.3--Submission of Bids
1214.302 Bid submission.
(b) Contracting officers may permit telegraphic bids to be
communicated by means of a telephone call from the telegraph office to
the designated office provided that procedures and controls have been
established by the COCO for receiving and safeguarding these incoming
bids.
1214.303 Modification or withdrawal of bids.
(b) The receipt required by (FAR) 48 CFR 14.303(b) for withdrawal
of a bid in person shall be worded substantially as follows:
I certify as a bona fide agent for or representative of
____________________ (Bidder's name and address), I am authorized to
withdraw the bid on IFB No. __________ scheduled for opening on
__________ and hereby acknowledge receipt of the unopened bid.
----------------------------------------------------------------------
(Name and telephone no.)
----------------------------------------------------------------------
(Date)
PART 1215--CONTRACTING BY NEGOTIATION
Subpart 1215.1--General Requirements for Negotiation
1215.106 Contract clauses.
Subpart 1215.4--Solicitation and Receipt of Proposals and Quotations
1215.407 Solicitation provisions.
1215.413 Disclosure and use of information before award.
1215.413-1 Alternate I.
1215.413-2 Alternate II.
Subpart 1215.6--Source Selection
1215.612 Formal source selection.
Subpart 1215.8--Price Negotiation
1215.804 Cost or pricing data.
1215.804-2 Requiring certified cost or pricing data.
1215.804-6 Submission of data.
Subpart 1215.9--Profit
1215.970 Payment of profit or fee under contracts.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1215.1--General Requirements for Negotiation
1215.106 Contract clauses.
The contracting officer shall insert the clause at (TAR) 48 CFR
1252.215-70, Key Personnel and/or Facilities, in solicitations and
contracts when the selection for award is substantially based on the
offeror's possession of special capabilities regarding personnel and/or
facilities.
Subpart 1215.4--Solicitation and Receipt of Proposals and
Quotations
1215.407 Solicitation provisions.
(i) The provision at (FAR) 48 CFR 52.215-35, Annual Representations
and Certifications--Negotiation, shall be included when applicable.
1215.413 Disclosure and use of information before award.
1215.413-1 Alternate I.
The alternate procedures at (FAR) 48 CFR 15.413-2 shall be used in
lieu of the alternate procedures prescribed at (FAR) 48 CFR 15.413-1.
1215.413-2 Alternate II.
(e) The notice at (FAR) 48 CFR 15.413-2(e) shall be placed on the
cover sheet of all proposals, whether solicited or unsolicited. The
cite(s) under the first paragraph of the notice shall include, as a
minimum, (TAR) 48 CFR 1215.413-2(f) and the cite of any OA implementing
procedures.
(f) Proposals may be released outside of the Government if it is
necessary to receive the most competent technical and/or management
evaluation available as long as the requirements of (FAR) 48 CFR
15.413-2(f) are met.
Subpart 1215.6--Source Selection
1215.612 Formal source selection.
DOT's formal source selection procedures are contained in TAM
(Transportation Acquisition Manual which is stocked by the Government
Printing Office), Chapter 1215, Appendix A.
Subpart 1215.8--Price Negotiation
1215.804 Cost or pricing data.
1215.804-2 Requiring certified cost or pricing data.
(a)(5) When certified cost or pricing data are not required (e.g.,
the action is below the thresholds at (FAR) 48 CFR 15.804-2 or adequate
price competition is expected to exist), the contracting officer may
ask for partial/limited data when it is necessary for the Government's
analysis (e.g., cost realism). The contracting officer shall not
require this data to be certified.
(b) If, after receipt of proposals, the contracting officer
determines that adequate price competition does not exist, the
contracting officer shall obtain, as appropriate (see (FAR) 48 CFR
15.804-2), certified cost or pricing data.
1215.804-6 Submission of data.
The contracting officer may require the submission of DOT Form
4220.44, Contract Pricing Summary, when submitting a proposal that
requires a SF 1411.
Subpart 1215.9--Profit
1215.970 Payment of profit or fee under contracts.
Profit or fee shall only be paid on definitized contracts and
modifications. Any profit or fee earned during the undefinitized period
shall be paid once the contract and/or modification, as applicable, is
definitized.
PART 1216--TYPES OF CONTRACTS
Subpart 1216.2--Fixed-Price Contracts
1216.203 Fixed-price contracts with economic price adjustment.
1216.203-4 Contract clauses.
1216.203-470 Solicitation provision.
Subpart 1216.4--Incentive Contracts
1216.405 Contract clauses.
Subpart 1216.6--Time-and-Materials, Labor-Hour, and Letter Contracts
1216.603 Letter contracts.
1216.603-4 Contract clauses.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1216.2--Fixed-Price Contracts
1216.203 Fixed-price contracts with economic price adjustment.
1216.203-4 Contract clauses.
1216.203-470 Solicitation provision.
The contracting officer shall insert the provision at (TAR) 48 CFR
1252.216-70, Evaluation of Offers Subject to an Economic Price
Adjustment Clause, in solicitations containing an economic price
adjustment clause.
Subpart 1216.4--Incentive Contracts
1216.405 Contract clauses.
(a) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.216-71, Determination of Award Fee, in all cost-plus-award-fee
solicitations and contracts.
(b) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.216-72, Performance Evaluation Plan, in all cost-plus-award-fee
solicitations and contracts.
(c) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.216-73, Distribution of Award Fee, in all cost-plus-award-fee
solicitations and contracts.
Subpart 1216.6--Time-and-Materials, Labor-Hour, and Letter
Contracts
1216.603 Letter contracts.
1216.603-4 Contract clause.
The contracting officer shall insert the clause at (TAR) 48 CFR
1252.216-74, Settlement of Letter Contract, in all definitized letter
contracts.
PART 1217--SPECIAL CONTRACTING METHODS
Subpart 1217.1--Multiyear Contracting
1217.102 Policy.
1217.102-1 Uses.
Subpart 1217.70--Fixed Price Contracts for Vessel Repair, Alteration or
Conversion
1217.7000 Clauses.
Subpart 1217.71--Energy Savings Performance Contracts
1217.7100 Policy.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1217.1--Multiyear Contracting
1217.102 Policy.
1217.102-1 Uses.
The FAA Administrator has been granted specific statutory multiyear
contracting authority by the Aviation Safety and Capacity Expansion Act
of 1990 (Subtitle B of Title IX of Pub. L. 101-508, Omnibus Budget
Reconciliation Act of 1990, Section 9118). FAA implementing procedures
are contained in Federal Aviation Acquisition Manual Subchapter 1217.1.
Subpart 1217.70--Fixed Price Contracts for Vessel Repair,
Alteration or Conversion
1217.7000 Clauses.
The following clauses are to be used in specific solicitations and
contracts:
(a) The clauses set forth in (TAR) 48 CFR 1252.217-71 through (TAR)
48 CFR 1252.217-74 and (TAR) 48 CFR 1252.217-76 through (TAR) 48 CFR
1252.217-80 shall be included and clause (TAR) 48 CFR 1252.217-75 may
be included in sealed bid fixed-price solicitations and contracts for
vessel repair, alteration, or conversion which are to be performed
within the United States, its possessions, or Puerto Rico.
(b) Unless inappropriate, the clauses set forth in (TAR) 48 CFR
1252.217-71 through (TAR) 48 CFR 1252.217-74 and (TAR) 48 CFR 1252.217-
76 through (TAR) 48 CFR 1252.217-80 should be included and (TAR) 48 CFR
1252.217-75 may be included in negotiated solicitations and contracts
to be performed outside the United States.
(c) The clause at (TAR) 48 CFR 1252.217-81, Guarantee, shall be
used where general guarantee provisions are deemed desirable by the
contracting officer.
(1) When inspection and acceptance tests will afford full
protection to the Government in ascertaining conformance to
specifications and the absence of defects and deficiencies, no
guarantee clause for that purpose shall be included in the contract.
(2) The customary guarantee period, to be inserted in the first
sentence of the clause at (TAR) 48 CFR 1252.217-81, Guarantee, is 60
days. However, in certain instances, the contracting officer may desire
to include a clause in a contract for a guarantee period of more than
60 days. In such instances:
(i) Where, after full inquiry, it has been determined that such
longer guarantee period will not involve increased costs, a longer
guarantee period may be substituted by the contracting officer for the
usual 60 days; or
(ii) Where the full inquiry discloses that such longer guarantee
period will involve, or is reasonably expected to involve, increased
costs, such facts and the reasons for the need for such longer period
shall be set forth in letter form to the COCO, requesting approval for
use of guarantee period in excess of 60 days. Upon approval, the longer
period may be inserted by the contracting officer in the first sentence
of the clause at (TAR) 48 CFR 1252.217-81, Guarantee.
Subpart 1217.71--Energy Savings Performance Contracts
1217.7100 Policy.
Federal agencies may enter into multi-year contracts for a period
of up to 25 years under Title VIII of the National Energy Conservation
Policy Act, 42 U.S.C. 8287, as amended. Energy savings performance
arrangements are appropriate where a contractor makes improvements and/
or operating changes to Federally-owned buildings and facilities to
improve energy efficiency, at no cost to the Federal Government in
exchange for a share of energy savings directly resulting from the
changes. Proposed actions under this section shall be coordinated with
M-60.
PART 1219--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
Subpart 1219.2--Policies
1219.201 General policy.
Subpart 1219.7--Subcontracting With Small Business and Small
Disadvantaged Business Concerns
1219.708 Solicitation provisions and contract clauses.
1219.708-70 DOT solicitation and contract clause.
Subpart 1219.10--Small Business Competitiveness Demonstration Program
1219.1005 Applicability.
1219.1006 Procedures.
Appendix A Targeted Industry Categories
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1219.2--Policies
1219.201 General policy.
(c) The Director, Office of Small and Disadvantaged Business
Utilization (S-40), is responsible for the implementation and execution
of the small and small disadvantaged business programs required by
sections 8 and 15 of the Small Business Act. HOAs or their designees
are responsible for appointing Small and Disadvantaged Business
Utilization Liaison Officials within the OAs.
Subpart 1219.7--Subcontracting With Small Business and Small
Disadvantaged Business Concerns
1219.708 Solicitation provisions and contract clauses.
1219.708-70 DOT solicitation and contract clause.
The contracting officer shall insert the clause at 1252.219-70,
Small Business and Small Disadvantaged Business Subcontracting
Reporting, in solicitations and contracts containing the clause at
(FAR) 48 CFR 52.219-9.
Subpart 1219.10--Small Business Competitiveness Demonstration
Program
1219.1005 Applicability.
(b) Targeted industry categories. DOT's targeted industry
categories are shown in Appendix A.
1219.1006 Procedures.
(c) Emerging small business set-aside. The Office of Federal
Procurement Policy published a notice in the Federal Register, dated
September 13, 1991, that increased the emerging small business reserve
amount for Architect-Engineer (A-E) services from $25,000 to $50,000.
Therefore, A-E services below $50,000 are reserved for emerging small
businesses, if the conditions of (FAR) 48 CFR 19.1006(c)(1) are met.
Appendix A
------------------------------------------------------------------------
FPDS product
Targeted industry categories\1\ and service
code
------------------------------------------------------------------------
(1) Engineering Development............................. AT94
(2) Systems Engineering Services (Only)................. R414
(3) Radio/TV Communication Equipment (except airborne).. 5820
(4) Maintenance Repair, Rebuilding of engines, turbines, J028/J010
components and weapons equipment.
(5) ADP Central Processing Units:
Analog................................................ 7020
Digital............................................... 7021
Hybrid................................................ 7022
(6) ADP Accessorial Equipment........................... 7035
(7) ADP Components...................................... 7050
(8) ADP Development Services and ADP Teleprocessing and D302/D305
Timesharing Services.
(9) Gas Turbines and Jet Engines, Aircraft; and 2840
Components.
(10) Radar Equipment (except airborne) and Navigation 5840/AT31
and Navigational Aids (basic research).
------------------------------------------------------------------------
\1\The industry categories were derived from Federal Procurement Data
System Product and Service Codes Manual.
PART 1220--LABOR SURPLUS AREA CONCERNS
Subpart 1220.90--Local Hire
1220.9000 Policy. (USCG)
1220.9001 Solicitation provision and contract clause. (USCG)
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1220.90--Local Hire
1220.9000 Policy. (USCG)
Pub. L. 101-225, Coast Guard Authorization Act of 1989, Section
206, added Section 666 to Title 14 of the United States Code, which
requires the U.S. Coast Guard to include a provision for local hire in
each contract for construction or services to be performed in whole or
in part in a State that has an unemployment rate in excess of the
national average rate of unemployment (as determined by the Secretary
of Labor). The Secretary of Transportation may waive this requirement
in the interest of national security or economic efficiency.
1220.9001 Solicitation provision and contract clause. (USCG)
The contracting officer shall insert the USCG clause at (TAR) 48
CFR 1252.220-90, Local Hire Provision, in all solicitations and
contracts as required by (TAR) 48 CFR 1220.9000.
PART 1222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
Subpart 1222.1--Basic Labor Policies
1222.101 Labor relations.
1222.101-70 Admittance of union representatives to DOT
installations.
1222.101-71 Contract clauses.
Subpart 1222.4--Labor Standards for Contracts Involving Construction
1222.406 Administration and enforcement.
1222.406-9 Withholding from or suspension of contract payments.
Subpart 1222.6--Walsh-Healey Public Contracts Act
1222.608 Procedures.
1222.608-4 Award pending final determination.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1222.1--Basic Labor Policies
1222.101 Labor relations.
1222.101-70 Admittance of union representatives to DOT installations.
(a) It is the policy of DOT to admit labor union representatives of
contractor employees to DOT installations to visit work sites and
transact labor union business with contractors, their employees, or
union stewards pursuant to existing union collective bargaining
agreements. Their presence shall not interfere with the contractor's
work progress under a DOT contract nor violate the safety or security
regulations that may be applicable to persons visiting the
installation. The union representatives will not be permitted to
conduct meetings, collect union dues, or make speeches concerning union
matters while visiting a work site.
(b) Whenever a union representative is denied entry to a work site,
the person denying entry shall make a written report to the DOT labor
coordinator (i.e., Director, Office of Economics (P-35), Office of the
Secretary) or OA labor advisor, if any, within two working days after
the request for entry is denied. The report shall include the reason(s)
for the denial, the name of the representative denied entry, the union
affiliation and number, and the name and title of the person that
denied the entry.
1222.101-71 Contract clauses.
(a) The contracting officer, may, when applicable, insert the
clause at (TAR) 48 CFR 1252.222-70, Strikes or Picketing Affecting
Timely Completion of the Contract Work, in solicitations and contracts.
(b) The contracting officer may, when applicable, insert the clause
at (TAR) 48 CFR 1252.222-71, Strikes or Picketing Affecting Access to a
DOT Facility, in solicitations and contracts.
Subpart 1222.4--Labor Standards for Contracts Involving
Construction
1222.406 Administration and enforcement.
1222.406-9 Withholding from or suspension of contract payments.
(c) Disposition of contract payments withheld or suspended.
(1) Forwarding wage underpayments to the Comptroller General. The
contracting officer shall ensure that a completed Form DOT F 4220.7,
Employee Claim for Wage Restitution, is obtained from each employee
claiming restitution under the contract. The Comptroller General
(Claims Division) must receive this form with a completed SF 1093,
Schedule of Withholding Under the Davis-Bacon Act and/or the Contract
Work Hours and Safety Standards Act, before payment can be made to the
employee.
Subpart 1222.6--Walsh-Healey Public Contracts Act
1222.608 Procedures.
1222.608-4 Award pending final determination.
(b) The official authorized to approve the contracting officer's
written certification required by (FAR) 48 CFR 22.608-4(b)(1) is the
HCA.
PART 1223--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND
DRUG-FREE WORKPLACE
Subpart 1223.3--Hazardous Material Identification and Material Safety
Data
1223.303 Contract clause.
Subpart 1223.70--Safety Requirements for Selected DOT Contracts
1223.7000 Contract clauses.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1223.3--Hazardous Material Identification and Material
Safety Data
1223.303 Contract clause.
The contracting officer shall insert the clause at (TAR) 48 CFR
1252.223-70, Removal or Disposal of Hazardous Substances--Applicable
Licenses and Permits, in solicitations and contracts involving the
removal or disposal of hazardous waste material.
Subpart 1223.70--Safety Requirements for Selected DOT Contracts
1223.7000 Contract clauses.
(a) Where all or part of a contract will be performed on
Government-owned or leased property, the contracting officer shall
insert the clause at (TAR) 48 CFR 1252.223-71, Accident and Fire
Reporting.
(b) For all solicitations and contracts under which human test
subjects will be utilized, the contracting officer shall insert the
clause at (TAR) 48 CFR 1252.223-72, Protection of Human Subjects.
Copies of NHTSA Orders 700-1, 700-3 and 700-4 may be obtained in
writing from NHTSA, Office of Administrative Operations, Distribution
Services, NAD-51, 400 Seventh Street SW., Washington, DC 20590.
PART 1224--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
1224.000 Scope of part.
Subpart 1224.1--Protection of Individual Privacy
1224.102-70 Applicability.
Subpart 1224.2--Freedom of Information Act
1224.202 Policy.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
1224.000 Scope of part.
DOT's rules and regulations implementing the Privacy Act of 1974
are located at 49 CFR Part 10.
Subpart 1224.1--Protection of Individual Privacy
1224.102-70 Applicability.
(a) Illustrations of systems of records to which the Privacy Act
applies and which shall not be released irrespective of whether the
Government or a contractor acting on behalf of the Government is
maintaining the records include the following:
(1) Personnel, payroll and background records personal to any
officer or employee of DOT, or other person, including his or her
residential address;
(2) Medical histories and medical records concerning individuals,
including applicants for licenses; and
(3) Any other detailed record containing information identifiable
with a particular person.
(b) Illustrations of systems of records to which the Privacy Act
does not apply include:
(1) Records that are maintained by a contractor on individuals
employed by the contractor in the process of providing goods and
services to the Federal government; and
(2) The records generated, when contracting with an educational
institution, on contract students pursuant to their attendance (e.g.,
admission forms, grade reports), provided that they are similar to
those maintained under contracts with educational institutions to
provide training, generated on students working under the contract
relative to their attendance (e.g., admission forms, grade reports),
similar to those maintained on other students and are commingled with
records of other students.
Subpart 1224.2--Freedom of Information Act
1224.202 Policy.
DOT rules and regulations implementing the Freedom of Information
Act (FOIA) and the names and addresses of the OA FOIA offices are
located in 49 CFR Part 7. Specific contract award information shall be
requested from the FOIA office of the OA making the contract award.
PART 1225--FOREIGN ACQUISITION
Subpart 1225.90--But American Act--Steel and Manufactured Products
1225.9000 Scope. (FAA)
1225.9001 Definitions. (FAA)
1225.9002 Policy. (FAA)
1225.9003 Order of precedence. (FAA)
1225.9004 Findings. (FAA)
1225.9005 Solicitation provisions and contract clauses. (FAA)
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1225.90--Buy American Act--Steel and Manufactured Products
1225.90 Steel and manufactured products.
1225.9000 Scope. (FAA)
For the FAA, this subpart implements the Buy American provisions of
the Aviation Safety and Capacity Expansion Act of 1990 (Subtitle B of
Title IX of Pub. L. 101-508, the Omnibus Budget Reconciliation Act of
1990), and Pub. L. 102-581, The Airport and Airway Safety, Capacity,
Noise Improvement, and Intermodal Transportation Act of 1992, Title I,
Sec. 103 and 104, as these apply to the obligation of funds made
available in appropriations after November 5, 1990.
1225.9001 Definitions. (FAA)
As used in this subpart:
Manufactured product means an item produced as a result of the
manufacturing process.
Manufacturing process means the application of processes to alter
the form or function of materials or of elements of the product in a
manner adding value and transforming those materials or elements so
that they represent a new end product functionally different from that
which would result from mere assembly of the elements or materials.
1225.9002 Policy. (FAA)
(a) This subpart sets forth the policy for the FAA pursuant to Pub.
L. 101-508, and notwithstanding any other provision of law, the
Secretary of Transportation shall not obligate any funds authorized to
be appropriated for any project unless steel and manufactured products
used in such projects are produced in the United States. Projects
funded by the Research, Engineering and Development appropriation are
excluded from this provision.
(b) The Act provides that the general provisions in paragraph (a)
shall not apply where the Secretary of Transportation finds:
(1) That their application would be inconsistent with the public
interest;
(2) That such materials and products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality;
(3) In the case of the procurement of facilities and equipment
under the Airport and Airway Improvement Act of 1982,
(i) The cost of components and subcomponents which are produced in
the United States is more than 60 percent of the cost of all components
of the facility or equipment used in the project, and
(ii) Final assembly of the facility or equipment described in this
paragraph has taken place in the United States; or
(4) Inclusion of domestic material will increase the cost of the
overall project contract by more than 25 percent.
(c) There is no restriction against a company offering foreign
steel or manufactured products in its bid or proposal. The FAA,
however, may not award to that company unless it is pursuant to one of
the exceptions listed under (TAR) 48 CFR 1225.9002(b) (FAA).
(d) For the purpose of this subpart, in calculating components'
costs, labor costs involved in final assembly shall not be included in
the calculation.
1225.9003 Order of precedence. (FAA)
(a) Any acquisition of the FAA not subject to Pub. L. 101-508
should be treated as covered under the Buy American Act, unless a Buy
American Act exception applies.
(b) Nothing in this subpart relieves the contracting officer of
responsibility for complying with the Federal Acquisition Regulation
(FAR) 48 CFR Subpart 25.1, Buy American Act--Supplies, and (FAR) 48 CFR
Subpart 25.2, Buy American Act Construction Materials, including the
requirement to insert any FAR required Buy American clause or provision
in solicitations or contracts. To the extent that there may be a
conflict between the requirements of the clause prescribed by this
subpart and a FAR prescribed Buy American clause, both of which may be
required to be included in the same contract, this subpart's clause
takes precedence.
(c) The certificate required to be executed by this subpart,
entitled, ``Buy American Certificate--Steel and Manufactured Products''
((TAR) 48 CFR 1252.225-90), will be in addition to any Buy American
certification required by the FAR. Although this may appear to be a
situation of a clear duplication of certifications (two Buy American
certificates in the same acquisition) the separate certificates
implement two separate statutes, which differ in coverage.
Consequently, the contents of the two certificates included in the same
acquisition may differ. As one example: such materials as copper or
aluminum, if end products in the contract and if nondomestic, would be
listed in the FAR Buy American certificate, whereas they would not be
listed in the certificate required by this subpart. This is because
only steel, among nonmanufactured materials, is subject to the
restrictions of Pub. L. 101-508, whereas all nondomestic end products
are subject to restrictions of the Buy American Act (unless a Buy
American Act exception applies).
1225.9004 Findings. (FAA)
In respect to the four findings enumerated in (TAR) 48 CFR
1225.9002(b) (FAA), the following applies:
(a) Based on delegations from the Secretary and the Federal
Aviation Administrator, authorities for the making of these findings
are established as follows:
(1) Contracts exceeding $1,000,000: Head of the Contracting
Activity. For construction contracts, this is for an amount exceeding
$100,000.
(2) Contracts below the above dollar thresholds: Contracting
officer.
(b) All findings, except those authorized to be made by the
contracting officer, shall be coordinated with the Director, Office of
Acquisition Policy and Oversight, ACQ-1. Every finding shall be
coordinated with the Office of Chief Counsel and the appropriate
Program Office.
1225.9005 Solicitation provisions and contract clauses. (FAA)
(a) If the procurement includes the acquisition of steel or
manufactured products, the contracting officer shall insert the FAA
provision at (TAR) 48 CFR 1252.225-90, Buy American Certificate--Steel
and Manufactured Products (July 1992), in solicitations. Projects
funded by the Research, Engineering and Development appropriation to
carry out the purpose of Section 302 of the Federal Aviation Act of
1958, as amended (49 U.S.C. App. 1353) are excluded from this
requirement. Only those contract actions obligating funds made
available in appropriations after November 5, 1990, that have been
authorized pursuant to 49 U.S.C. 106(k) and 506(a) of the Airport and
Airway Improvement Act of 1982, are subject to this requirement.
(b) If the procurement includes the acquisition of steel or
manufactured products, the contracting officer shall insert the FAA
clause at (TAR) 48 CFR 1252.225-91, Buy American--Steel and
Manufactured Products (July 1992) in solicitations and contracts.
Projects funded by the Research, Engineering and Development
appropriation to carry out the purpose of Section 302 of the Federal
Aviation Act of 1958, as amended (49 U.S.C. App. 1353) are excluded
from this requirement. Only those contract actions obligating funds
made available in appropriations after November 5, 1990, that have been
authorized pursuant to 49 U.S.C. 106(k) and 506(a) of the Airport and
Airway Improvement Act of 1982, are subject to this requirement.
PART 1227--PATENTS, DATA, AND COPYRIGHTS
Subpart 1227.3--Patent Rights Under Government Contracts
1227.305 Administration of patent rights clauses.
1227.305-4 Conveyance of invention rights acquired by the
Government.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1227.3--Patent Rights Under Government Contracts
1227.305 Administration of patent rights clauses.
1227.305-4 Conveyance of invention rights acquired by the Government.
The contracting officer shall ensure that solicitations and
contracts which include a patent rights clause include a means for the
contractor to report inventions made in the course of contract
performance and at contract completion. This requirement may be
fulfilled by requiring the contractor to submit a DD Form 882, Report
of Inventions and Subcontracts.
PART 1228--BONDS AND INSURANCE
Subpart 1228.1--Bonds
1228.106 Administration.
1228.106-1 Bonds and bond-related forms.
1228.106-6 Furnishing of information.
1228.106-70 Execution and administration of bonds.
1228-106-490 Contract clause. (USCG)
Subpart 1228.3--Insurance
1228.306 Insurance under fixed-price contracts.
1228.306-70 Contracts for lease of aircraft.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1228.1--Bonds
1228.106 Administration.
1228.106-1 Bonds and bond-related forms.
(c) SF 25, Performance Bond, prescribed at (FAR) 48 CFR 28.106-
1(c), must provide coverage for taxes imposed by the United States
which are collected, deducted, or withheld from wages paid by the
contractor. Forms other than the SF 25 (e.g., a commercial form) shall
not be used by contractors when a performance bond is required.
1228.106-6 Furnishing of information.
(b) The contracting officer shall, upon request, furnish the name
and address of the prime contractor's surety or sureties to employees,
suppliers, and subcontractors having a contractual or employment
relationship with prime contractors, subcontractors or suppliers. When
furnishing surety information, the inquirer may also be informed that:
(1) Persons believing that they have legal remedies under the
Miller Act are cautioned to consult their own legal advisor regarding
the proper steps to take to obtain remedies.
(2) On construction contracts exceeding $2,000, if the contracting
officer is informed (through routine compliance checking, a complaint,
or a request for information) that a laborer, mechanic, apprentice,
trainee, watchman, or guard employed by the contractor or subcontractor
at any tier may have been paid wages less than those required by the
applicable labor standards provisions of the contract, the contracting
officer shall promptly initiate an investigation in accordance with
(FAR) 48 CFR Subpart 22.4, irrespective of the employee's rights under
the Miller Act. When an employee's request for information is involved,
the contracting officer shall inform the inquirer that such
investigation will be made. Such investigation is required pursuant to
the provisions of the Davis-Bacon Act, Contract Work Hours and Safety
Standards Act, and Copeland (Anti-Kickback) Act for assuring proper
payment to such employees.
(c) When furnishing a copy of a payment bond and contract in
accordance with (FAR) 48 CFR 28.106-6(c), the requirement for a copy of
the contract may be satisfied by furnishing a machine-duplicate copy of
the contractor's first pages which show the contract number and date,
the contractor's name and signature, the contracting officer's
signature, and the description of the contract work. The contracting
officer furnishing the copies shall place the statement ``Certified to
be a true and correct copy'' followed by his/her signature, title and
name of the OA. The fee for furnishing the requested certified copies
shall be determined in accordance with the DOT Freedom of Information
Act regulation, 49 CFR Part 7, ((TAR) 48 CFR 1224.202).
1228.106-70 Execution and administration of bonds.
(a) The surety shall be notified, as soon as feasible, of the
contractor's failure to perform in accordance with the terms of the
contract.
(b) When a partnership is a principal on a bond, the names of all
the members of the firm shall be listed in the bond following the name
of the firm, and the phrase ``a partnership composed of.'' If a
principal is a corporation, the state of incorporation must also appear
on the bond.
(c) Performance or payment bond other than an annual bond shall not
antedate the contract to which it pertains.
(d) Bonds shall be filed with the original contract to which they
apply, or all bonds shall be separately maintained and reviewed
quarterly for validity. If separately maintained, each contract file
shall cross-reference the applicable bonds.
1228.106-490 Contract clause. (USCG)
The contracting officer shall insert the USCG clause at (TAR) 48
CFR 1252.228-90, Notification of Miller Act Payment Bond Protection, in
solicitations and contracts, and shall require its first-tier
subcontractors to insert the clause in all of their subcontracts, when
payment bonds are required.
Subpart 1228.3--Insurance
1228.306 Insurance under fixed-price contracts.
1228.306-70 Contracts for lease of aircraft.
(a) The contracting officer shall insert the clauses at (TAR) 48
CFR 1252.228-70 through 1252.228-72, unless otherwise indicated by the
specific instructions for their use, in any contract for the lease of
aircraft (including aircraft used in out-service flight training).
(b) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.228-70, Loss of or Damage to Leased Aircraft, in any contract for
the lease of aircraft, except in the following circumstances:
(1) When the hourly rental rate does not exceed $250 and the total
rental cost for any single transaction is not in excess of $2,500;
(2) When the cost of hull insurance does not exceed 10 percent of
the contract rate; or
(3) When the lessor's insurer does not grant a credit for uninsured
hours, thereby preventing the lessor from granting the same to the
Government.
(c) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.228-71, Fair Market Value of Aircraft, when fair market value of
the aircraft can be determined.
(d) Section 504 of the Federal Aviation Act of 1958, as amended,
provides that no lessor of an aircraft under a bona fide lease of 30
days or more shall be liable by reason of his interest as lessor or
title-holder of the aircraft for any injury to or death of persons, or
damage to or loss of property, unless such aircraft is in the actual
possession or control of such person at the time of such injury, death,
damage or loss. On short-term or intermittent-use leases, however, the
owner may be liable for damage caused by operation of the aircraft. It
is usual for the aircraft owner to retain insurance covering this
liability during the term of such lease. Such insurance can, often for
little or no increase in premium, be made to cover the Government's
exposure to liability as well. In order to take advantage of this
coverage, the Risks and Indemnities clause at (TAR) 48 CFR 1252.228-72
prescribed in paragraph (d)(1) of this section shall be used.
(1) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.228-72, Risk and Indemnities, in any contract for out-service
flight training or for the lease of aircraft when the Government will
have exclusive use of the aircraft for a period of less than thirty
days.
(2) Any contract for out-service flight training shall include a
clause in the contract schedule stating substantially that the
contractor's personnel shall at all times during the course of the
training be in command of the aircraft, and that at no time shall other
personnel be permitted to take command of the aircraft.
PART 1231--CONTRACT COST PRINCIPLES AND PROCEDURES
Subpart 1231.2--Contracts With Commercial Organizations
1231.205 Selected costs.
1231.205-32 Precontract costs.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1231.2--Contracts With Commercial Organizations
1231.205 Selected costs.
1231.205-32 Precontract costs.
(a) The decision to incur precontract costs is that of the
contractor. No DOT employee can authorize, demand, or require a
contractor to incur precontract costs. The contracting officer may
advise the prospective contractor that any costs incurred before
contract award are at the contractor's sole risk and that if
negotiations fail to result in a binding contract, payment of these
costs may not be made by the Government.
(b) When the contracting officer determines that incurring
precontract costs was necessary to meet the proposed contract delivery
schedule of a cost-reimbursement contract, the clause at (TAR) 48 CFR
1252.231-70, Date of Incurrence of Costs, may be inserted in the
resultant contract.
PART 1232--CONTRACT FINANCING
Subpart 1232.70--Contract Payments
1232.7002 Invoice and voucher review and approval.
Appendix A Instructions for completing the SF 1034.
Appendix B Instructions for completing the SF 1035.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1232.70--Contract Payments
1232.7002 Invoice and voucher review and approval.
(a) Under fixed-price contracts, the contracting officer shall
require the contractor to submit an invoice or voucher in order to
receive payment under the contract. The invoice or voucher may be on a
form or company letterhead as long as it meets the requirements of the
Prompt Payment Act as implemented by OMB Circular A-125--Prompt
Payment, (FAR) 48 CFR subpart 32.9, and the contract.
(b) Under other than fixed-price contracts, the contracting office
shall require the contractor to submit the SF 1034, Public Voucher for
Purchases and Services Other Than Personal, and the SF 1035, Public
Voucher for Purchases and Services Other Than Personal (Continuation
Sheet), to request payments. The forms must be completed as required by
Appendix A, Instructions for Completing the SF 1034, and Appendix B,
Instructions for Completing the SF 1035.
Appendix A to Subpart 1232.70--Instructions for Completing the SF
1034
The SF 1034, Public Voucher for Purchases and Services Other Than
Personal, shall be completed in accordance with the below instructions.
The lettered items correspond to the entries on the form.
------------------------------------------------------------------------
Caption on the SF 1034 Data to be Inserted in the Block
------------------------------------------------------------------------
1. U.S. Department, Name and address of the contracting office
Bureau, or establishment which issued the contract.
and location.
2. Date voucher prepared. Date voucher submitted to the designated
billing office cited under the contract or
order.
3. Contract no. and date. Contract No. and, when applicable, the Order
No. and date as shown on the award document.
4. Requisition no. and Leave blank or fill-in in accordance with the
date. instructions in the contract.
5. Voucher no............ Start with ``1'' and number consecutively. A
separate series of consecutive numbers must
be used beginning with ``1'' for each
contract number or order number (when
applicable). Note: Insert the word ``FINAL''
if this is the last voucher.
6. Schedule No.; paid by; Leave all these blocks blank.
date invoice received;
discount terms; payee's
account no.; shipped
from/to; weight;
government B/L.
7. Payee's name and Name and address of contractor as it appears
address. on the contract. If the contract is assigned
to a bank, also show ``CONTRACT ASSIGNED''
below the name and address of the
contractor.
8. Number and date of Leave blank. (See #3 above.)
order.
9. Date of delivery or The period for which the incurred costs are
service. being claimed (e.g., month and year;
beginning and ending date of services,
etc.).
10. Articles or services. Insert the following: ``For detail, see the
total amount of the claim transferred from
the attached SF 1035, page X of X.'' One
space below this line, insert the following:
``COST REIMBURSABLE-PROVISIONAL PAYMENT.''
11. Quantity; unit price; Leave blank.
(cost; per).
12. Amount............... Insert the total amount claimed from the last
page of the SF 1035.
Payee must NOT use the Do NOT write or type below this line.
space below..
------------------------------------------------------------------------
Appendix B to Subpart 1232.70-- Instructions for Completing the SF 1035
The SF 1035, Public Voucher for Purchases and Services Other
Than Personal (Continuation Sheet), shall be completed in accordance
with the below instructions.
1. Use the same basic instructions for the SF 1035 as used for
the SF 1034. Ensure that the contract and, if applicable, order
number, are shown on each continuation sheet. Use as many sheets as
necessary to show the information required by the contract,
contracting officer, or cognizant audit agency; however, if more
than one sheet of SF 1035 is used, each sheet shall be in numerical
sequence.
2. The following items are generally entered below the line with
Number and Date of Order; Date of Delivery or Service; Articles or
Services; Quantity; Unit Price; and Amount (but do not necessarily
tie to these captions).
3. Description of data to be inserted as it applies to the
contract or order number.
a. Show, as applicable, the target or estimated costs, target or
fixed-fee, and total contract value, as adjusted by any
modifications to the contract or order. The FAR permits the
contracting officer to withhold a percentage of fixed fee until a
reserve is set aside in an amount that is considered necessary to
protect the Government's interest.
b. Show the following costs and supporting data (as applicable)
to the contract or order:
(1) Direct Labor. List each labor category, rate per labor hour,
hours worked, and extended total labor dollars per labor category.
(2) Premium Pay/Overtime. List each labor category, rate per
labor hour, hours worked, and the extended total labor dollars per
labor category. Note: Advance written authorization must be received
from the contracting officer to work overtime or to pay premium
rates; therefore, identify the contracting officer's written
authorization to the contractor.
(3) Fringe Benefits. If fringe benefits are included in the
overhead pool, no entry is required. If the contract allows for a
separate fringe benefit pool, cite the formula (rate and base) in
effect during the time the costs were incurred. If the contract
allows for billing fringe benefits as a direct expense, show the
actual fringe benefit costs.
(4) Materials, Supplies, Equipment. Show those items normally
treated as direct costs. Expendable items need not be itemized and
may be grouped into major classifications such as office supplies.
However, items valued at $5,000 or more must be itemized. See (FAR)
48 CFR Part 45, Government Property, for reporting of property.
(5) Travel. List the name and title of traveller, place of
travel, and travel dates. If the travel claim is based on the actual
costs expended, show the amount for the mode of travel (i.e.,
airline, private auto, taxi, etc.), lodging, meals, and other
incidental expenses separately, on a daily basis. These actual costs
must be supported with receipts to substantiate the costs paid.
Travel costs for consultants must be shown separately and also
supported.
(6) Other Direct Costs. Itemize those costs that cannot be
placed in categories (1) through (5) above. Categorize these costs
to the extent possible.
(7) Total Direct Costs. Cite the sum of categories (1) through
(6) above.
(8) Overhead. Cite the rate, base, and extended amount.
(9) G&A Expense. Cite the rate, base, and extended amount.
(10) Total Costs. Cite the sum of categories (7) through (9)
above.
(11) Fee. Cite the rate, base, and extended amount.
(12) Total Cost and Fee Claimed. Enter this amount on the SF
1034.
Completion Voucher
The completion (final) voucher is the last voucher to be
submitted for incurred, allocable, and allowable costs expended to
perform the contract or order. This voucher should include all
contract reserves, allowable cost withholdings, balance of fixed
fee, etc. However, the amount of the completion voucher when added
to the total amount previously paid cannot exceed the total amount
of the contract.
PART 1233--PROTESTS, DISPUTES, AND APPEALS
Subpart 1233.2--Disputes and Appeals
1233.211 Contracting officer's decision.
1233.214 Alternative dispute resolution.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1233.2--Disputes and Appeals
1233.211 Contracting officer's decision.
For DOT contracts, the Board of Contract Appeals (BCA) referenced
at (FAR) 48 CFR 33.211 is the Department of Transportation Board of
Contract Appeals (S-20), 400 7th Street, S.W., Washington, DC, 20590.
The DOTBCA Rules of Procedure are contained in 48 CFR chapter 63, part
6301.
1233.214 Alternative dispute resolution.
(b) The Administrative Dispute Resolution Act (ADRA), Pub. L. 101-
552, authorizes and encourages agencies to use mediation, conciliation,
arbitration, and other techniques for the prompt and informal
resolution of disputes, and for other purposes. The DOTBCA Alternate
Dispute Resolution (ADR) procedures are contained in 48 CFR chapter 63,
Sec. 6302.30, ADR Methods (Rule 30), and will be distributed to the
parties, if ADR procedures are used. These procedures may be obtained
from the DOTBCA upon request. ADR procedures may be used when:
(1) There is mutual consent by the parties to participate in the
ADR process (with consent being obtained either before or after an
issue in controversy has arisen);
(2) Prior to the submission of a claim; and
(3) In resolution of a formal claim.
(c) DOT's Dispute Resolution Specialist in accordance with the ADRA
is located in the DOT Office of the General Counsel, C-1.
(d) The DOTBCA is designated as the preferred neutral to perform
the functions set forth in the Administrative Disputes Resolution Act
for DOT operating administrations on a non-reimbursable basis. The BCA
may conduct any of the alternative means of dispute resolution set
forth in Title 5, U.S.C. Section 581(3), including settlement
negotiations under the auspices of a settlement judge, conciliation,
facilitation, mediation, fact finding, mini-trials, and arbitration, or
any combination of these methods.
PART 1234--MAJOR SYSTEM ACQUISITION
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
1234.003 Responsibilities.
DOT's internal procedures for implementing OMB Circular A-109,
Major System Acquisitions, is contained in Chapter 1234, Appendix A, of
the Transportation Acquisition Manual
(which is stocked at the Government Printing Office).
PART 1235--RESEARCH AND DEVELOPMENT CONTRACTING
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
1235.003 Policy.
(b) Cost sharing. DOT cost sharing policies shall be in accordance
with (FAR) 48 CFR 16.303, (FAR) 48 CFR 42.707(a), and OA procedures.
PART 1236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Subpart 1236.3--Special Aspects of Sealed Bidding in Construction
Contracting
1236.305 Preconstruction conference.
Subpart 1236.5--Contract Clauses
1236.570 Special precautions for work at operating airports.
Subpart 1236.6--Architect-Engineer Services
1236.602 Selection of firms for architect-engineer contracts.
1236.602-1 Selection criteria.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1236.3--Special Aspects of Sealed Bidding in Construction
Contracting
1236.305 Preconstruction conference.
When the contracting officer considers such action warranted, he/
she shall arrange a preconstruction conference with the contractor and
such subcontractors as the contractor may designate to assure that
there is a clear understanding of the contract requirements (including
labor standards provisions) and the rights and obligations of the
parties.
Subpart 1236.5--Contract Clauses
1236.570 Special precautions for work at operating airports.
Where any acquisition will require work at an operating airport,
insert the clause at (TAR) 48 CFR 1252.236-70, Special Precautions for
Work at Operating Airports, in solicitations and contracts.
Subpart 1236.6--Architect-Engineer Services
1236.602 Selection of firms for architect-engineer contracts.
1236.602-1 Selection criteria.
(a) Appropriate criteria in addition to those under (FAR) 48 CFR
36.602-1(a) may include, but are not limited to, the criteria listed
below. The extent to which these criteria are used will depend on the
size and the complexity of the project. For instance, for small and
straight-forward projects, particularly those under the small purchase
limitation, the data provided by the SFs 254 and 255 may provide an
adequate measure of the firm's experience and qualification required
for the project. However, on large and more complex projects, the
evaluation criteria should be extended to consider such factors as the
firm's suggested design approach, methods, and design ability, such as:
(1) Capability of the firm to accomplish the work: (i) Relevant,
recent experience and technical knowledge of key project personnel and
key outside consultants;
(ii) Total number of personnel the Architect-Engineer (A-E) firm
employs in the technical disciplines required for the proposed work.
(2) Capacity of the firm to accomplish the work. In assessing the
firm's capacity to accomplish the work in the required time,
consideration shall be given to the firm's current workload, total
number of ongoing projects, and percentage of completion.
(3) Design ability and understanding of the requirements:
(i) Technical approach (planning and design process, overall
planning and design philosophy), possible concepts (narrative), special
design opportunities, innovative design possibilities (including
environmental), and provisions for the handicapped;
(ii) Understanding of, and experience in, energy conservation
design:
(A) Approach to maximizing energy conservation;
(B) Project building and equipment systems that would significantly
impact energy consumption;
(C) Criteria and engineering considerations to be used in building
and equipment design; and
(D) Examples of previously used design techniques and measure of
results (in BTUs consumed per square foot or energy costs);
(iii) Proposed project schedule and personnel-loading plan;
(iv) Quality of examples of previous work; and
(v) Major awards and other major recognition the firm or members of
the firm have received for design excellence.
(4) Organization and management:
(i) Project team organization and key personnel roles and
responsibilities;
(ii) Project management procedures such as coordination of design
effort among technical disciplines;
(iii) Methods used to control project schedule and construction
cost estimates; and
(iv) Quality control procedures.
(5) Record of past performance:
(i) Accuracy of construction cost estimates (compared to
construction bids received and value of awarded construction
contract(s);
(ii) Number, dollar amount and reason for construction change
orders, if any; and
(iii) A-E/client relationship (for Government contracts, the above
information is available from SF 1421, Performance Evaluation (A-E)).
(b) If a design competition is to be used, written approval by the
COCO shall be obtained prior to soliciting proposals.
(c) The following evaluation criterion shall be used in the A-E
evaluation process for A-E acquisitions above the small purchase
limitation. The criterion shall be evaluated separately from other
criteria and added to the basic evaluation rating for a composite
rating.
Minority and Women Employment--A criterion related to evaluating
the number of minorities and women in all relevant job classifications
and pay scales that will actually work on the project in comparison to
the number of qualified minorities and women of the same job
classification and pay scale located in the Standard Metropolitan
Statistical Area (SMSA) where the work is to be performed.
PART 1237--SERVICE CONTRACTING
Subpart 1237.1--Service Contracts--General
1237.110 Solicitation provisions and contract clauses.
Subpart 1237.90--Mortuary Services
1237.9000 Solicitation provisions and contract clauses. (USCG)
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1237.1--Service Contracting--General
1237.110 Solicitation provisions and contract clauses.
Contracting officers shall insert the clause at (TAR) 48 CFR
1252.237-70, Qualifications of Employees, in all solicitations and
contracts for services which require contract performance at a
Government facility.
Subpart 1237.90--Mortuary Services
1237.9000 Solicitation provisions and contract clauses. (USCG).
(a) The contracting officer shall insert the following clauses in
solicitations and contracts for mortuary services. However, USCG
clauses (TAR) 48 CFR 1252.237-91 and 1252.237-97 shall not be inserted
in solicitations and contracts that include port of entry requirements:
(1) (TAR) 48 CFR 1252.237-90, Requirements;
(2) (TAR) 48 CFR 1252.237-91, Area of Performance;
(3) (TAR) 48 CFR 1252.237-92, Performance and Delivery;
(4) (TAR) 48 CFR 1252.237-93, Subcontracting;
(5) (TAR) 48 CFR 1252.237-94, Termination for Default;
(6) (TAR) 48 CFR 1252.237-95, Group Interment;
(7) (TAR) 48 CFR 1252.237-96, Permits;
(8) (TAR) 48 CFR 1252.237-97, Facility Requirements; and
(9) (TAR) 48 CFR 1252.237-98, Preparation History.
(b) The contracting officer shall insert USCG provision (TAR) 48
CFR 1252.237-99, Award to Single Offeror, in all sealed bid
solicitations for mortuary services. Use the basic provision with
Alternate I in negotiated solicitations for mortuary services.
(c) The contracting officer shall insert (FAR) 48 CFR 52.245-4,
Government-Furnished Property (Short Form) in solicitations and
contracts that include port of entry requirements.
PART 1242--CONTRACT ADMINISTRATION
Subpart 1242.2--Assignment of Contract Administration
1242.203 Retention of contract administration.
1242.203-70 Contract clauses.
1242.205 Designation of the paying office.
Subpart 1242.3--Contract Administration Office Functions
1242.302 Contract administration functions.
Subpart 1242.70--Contracting Officer's Technical Representative
1242.7000 Contract clause.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1242.2--Assignment of Contract Administration
1242.203 Retention of contract administration.
(a) Contracting offices may obtain contract administration
assistance from the Defense Logistics Agency (DLA), Defense Contract
Management Command, Alexandria, VA, when the contracting officer
determines that such action is to be in the best interest of DOT.
1242.203-70 Contract clauses.
(a) The contracting officer may use the clause at (TAR) 48 CFR
1252.242-70, Dissemination of Information--Educational Institutions, in
lieu of the clause at (TAR) 48 CFR 1252.242-72, Dissemination of
Contract Information, in DOT research contracts with educational
institutions, except contracts that require the release or coordination
of information.
(b) The contracting officer shall insert the clause at (TAR) 48 CFR
1252.242-71, Contractor Testimony, in all solicitations and contracts
issued by NHTSA. Other OAs may use the clause as deemed appropriate.
(c) The contracting officer may insert the clause at (TAR) 48 CFR
1252.242-72, Dissemination of Contract Information, in all DOT
contracts except contracts that require the release or coordination of
information.
1242.205 Designation of the paying office.
(a) The assignment of contract administration to a DLA Contract
Administration Office (CAO) by the contracting officer does not affect
the designation of the paying office unless a transfer of DOT funds to
the agency of the CAO is effected, and the funds are converted to the
agency's account for payment purposes.
(b) When the contracting officer proposes to delegate the contract
payment function to another agency (e.g., DLA), the contracting officer
shall discuss the transfer of funds procedures with the OA cognizant
payment office.
Subpart 1242.3--Contract Administration Office Functions
1242.302 Contract administration functions.
(a)(13) The CAO, or the contracting officer's designee under fixed
price contracts, shall review and approve the contractor's invoice for
payment. The CAO shall review and approve contractors' vouchers under
cost-reimbursement contracts, and this function cannot be delegated to
a COTR. All payments to contractors will be made by the payment office
designated in the contract to make payments.
Subpart 1242.70--Contracting Officer's Technical Representative
1242.7000 Contract clause.
The contracting officer shall insert the clause at (TAR) 48 CFR
1252.242-73, Contracting Officer's Technical Representative, in
solicitations and contracts when it is intended that a representative
will be assigned to the contract to perform functions of a technical
nature.
PART 1245--GOVERNMENT PROPERTY
Subpart 1245.5--Management of Government Property in the Possession of
Contractors
1245.505 Records and reports of Government property.
1245.505-14 Reports of Government property.
1245.505-70 Solicitation provisions and contract clauses.
1245.508-2 Reporting results of inventories.
1245.508-3 Quantitative and monetary control.
1245.511 Audit of property control system.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1245.5--Management of Government Property in the Possession
of Contractors
1245.505 Records and reports of Government property.
1245.505-14 Reports of Government property.
When Government property is furnished to or acquired by the
contractor to perform the contract, the contract shall require the
contractor to submit annual reports (see (FAR) 48 CFR 45.505-14) to the
contracting officer not later than September 15 of each year. The
contractor's report shall be submitted on Form DOT F 4220.43,
Contractor Report of Government Property.
1245.505-70 Solicitation provisions and contract clauses.
Contracting officers shall insert the clause at (TAR) 48 CFR
1252.245-70 in solicitations and contracts when the contract will
require Government provided or contractor acquired property.
1245.508-2 Reporting results of inventories.
The inventory report shall also include the following:
(a) Name and title of the individual(s) that performed the physical
inventory;
(b) An itemized, categorized listing of all property capitalized:
(1) Land and rights therein;
(2) Other real property;
(3) Plant equipment;
(4) Special test equipment; and
(5) Special tooling;
(c) An itemized listing of the property lost, damaged, destroyed,
or stolen, the circumstances surrounding each incident, and the
resolution of the incident; and
(d) Any discrepancies between the physical inventory and the
contractor's record of Government property.
1245.508-3. Quantitative and monetary control.
Contracting officers shall require the contractor to provide the
quantity and unit cost of each item of Government property reported
under (TAR) 48 CFR 1245.508-2(b) and (c).
1245.511. Audit of property control system.
(a) The property administrator (or other Government official
authorized by the contracting officer) shall audit the contractor's
property control system whenever there are indications that the
contractor's property control system may be deficient. Examples of
deficiencies are:
(1) Failure of the contractor to acknowledge receipt of GFP;
(2) Failure of the contractor to submit the annual property reports
required by (TAR) 48 CFR 1245.505-14;
(3) Failure of the contractor to reconcile its physical inventory
with its property control record; or
(4) Failure of the contractor to submit a Government property
listing when requested by the property administrator.
(b) When it is determined that the contractor's property control
system is deficient, the property administrator, in coordination with
the contracting officer, shall discuss the deficiencies with the
contractor. If the contractor does not take action to correct the
deficiencies, the contracting officer shall provide the contractor with
a written notice of the deficiencies and the date all deficiencies must
be corrected.
PART 1246--QUALITY ASSURANCE
Subpart 1246.7--Warranties
1246.701 Definitions.
1246.701-70 Additional definitions.
1246.701-90 Additional USCG definitions. (USCG)
1246.703 Criteria for use of warranties.
1246.705 Limitations.
1246.706 Warranty terms and conditions.
1246.790 Use of warranties in major system acquisitions by the
USCG. (USCG)
1246.790-1 Policy. (USCG)
1246.790-2 Tailoring warranty terms and conditions. (USCG)
1246.790-3 Warranties on Government-furnished property. (USCG)
1246.791 Cost benefit analysis. (USCG)
1246.792 Waiver and notification procedures. (USCG)
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1246.7--Warranties
1246.701 Definitions.
1246.701-70 Additional definitions.
At no additional cost to the Government means at no increase in
price for firm-fixed-price contracts, at no increase in target or
ceiling price for fixed price incentive contracts (see (FAR) 48 CFR
46.707), or at no increase in estimated cost or fee for cost-
reimbursement contracts.
Defect means any condition or characteristic in any supplies or
services furnished by the contractor under the contract that is not in
compliance with the requirements of the contract.
Design and manufacturing requirements means structural and
engineering plans and manufacturing particulars, including precise
measurements, tolerances, materials and finished product tests for the
major system being produced.
Major system means a system or major subsystem used directly by DOT
to carry out its mission(s), as defined by TAM Chapter 1234, Major
Acquisition Policies and Procedures (for dollar threshold applicable to
U.S. Coast Guard, See Coast Guard guidance at (TAR) 48 CFR 1246.701-
90). The term does not include:
(a) Related support equipment, such as ground-handling equipment,
training devices and accessories thereto, unless a cost effective
warranty for the system would require inclusion of such items; or
(b) Commercial items sold in substantial quantities to the general
public as described in (FAR) 48 CFR 15.804-3(c).
Performance requirements means the operating capabilities,
maintenance, and reliability characteristics of a system that are
determined to be necessary for it to fulfill the requirement for which
the system is designed.
1246.701-90 Additional USCG definitions. (USCG)
For the USCG, in accordance with Public Law 99-190, the dollar
threshold as it pertains to the inclusion of a warranty in major
systems acquisitions is $10 million.
1246.703 Criteria for use of warranties.
(a) Major systems. The use of warranties in the procurement of
major systems by the USCG is mandatory, unless waived (see USCG
guidance at (TAR) 48 CFR 1246.792). Other OAs may use the procedures in
USCG guidance in this part as a guideline for major systems
acquisitions.
(b) Other systems.
(1) Acquisition of warranties in the procurement of supplies that
do not meet the definition of a major system (e.g., spare, repair, or
replenishment parts) is governed by (FAR) 48 CFR 46.703.
(2) Contracting officers should negotiate a warranty that meets or
exceeds the requirements of (TAR) 48 CFR 1246.706 when it is
advantageous.
1246.705 Limitations.
(a) The following restrictions are applicable to DOT contracts:
(1) The USCG is the only DOT OA which is required to include a
warranty in cost reimbursement contracts for the production of major
systems acquisitions.
(2) Any warranty on major system acquisitions shall not apply in
the case of any system or component thereof which has been furnished by
the Government to a contractor except as indicated in the USCG guidance
at (TAR) 48 CFR 1246.790-3.
(3) Any warranty obtained shall specifically exclude coverage of
combat damage.
1246.706 Warranty terms and conditions.
(a) The contracting officer, in developing the warranty terms and
conditions, shall consider the following, and, where appropriate and
cost beneficial, shall:
(1) Identify the affected line item(s) and the applicable
specification(s);
(2) Require that the line item's design and manufacture will
conform to: (i) an identified revision of a top-level drawing; and/or
(ii) an identified specification or revision thereof;
(3) Require that the system conform to the specified Government
performance requirements;
(4) Require that all systems and components delivered under the
contract will be free from defects in materials and workmanship;
(5) State that in the event of failure due to nonconformance with
specification and/or defects in material and workmanship, the
contractor will bear the cost of all work necessary to achieve the
specified performance requirements, including repair and/or replacement
of all parts;
(6) Require the timely replacement/repair of warranted items and
specify lead times for replacement/repair where possible;
(7) Identify the specific paragraphs containing Government
performance requirements which must be met;
(8) Ensure that any performance requirements identified as goals or
objectives in excess of specification requirements are excluded from
the warranty provision;
(9) Define what constitutes the start of the warranty period (e.g.,
delivery, acceptance, in-service date), the ending of the warranty
(e.g., passing a test or demonstration, or operation without failure
for a specified time period), and circumstances requiring an extension
of warranty duration (e.g., extending the warranty period as a result
of mass defect correction during warranty period);
(10) Identify what transportation costs will be paid by the
contractor in conjunction with warranty coverage;
(11) Identify any conditions which will not be covered by the
warranty, other than the exclusion of combat damage; and
(12) Identify any limitation on the total dollar amount of the
contractor's warranty exposure, or agreement to share costs after a
certain dollar threshold to avoid unnecessary warranty returns.
(b) Any contract that contains a warranty clause must contain
warranty implementation procedures, including warranty notification
content and procedures, and identify the individuals responsible for
implementation of warranty provisions. The contract may also permit the
contractor's participation in investigation of system failures,
providing that the contractor is reimbursed at established rates for
fault isolation work, and that the Government receive credit for any
payments where equipment failure is covered by warranty provisions.
1246.790 Use of warranties in major systems acquisitions by the USCG.
(USCG)
This subpart sets forth the policy for the USCG to use in obtaining
warranties from contractors when contracting for the acquisition of a
major system.
1246.790-1 Policy. (USCG)
The USCG shall include a warranty in all contracts for major
systems acquisitions. When drafting warranty provisions/clauses for
major systems acquisitions, the contracting officer shall ensure that
the items listed at (TAR) 48 CFR 1246.706 have been considered. The
warranty shall also meet the following requirements:
(a) For systems or components which are commercially available,
such warranty as is normally provided by the manufacturer or supplier
shall be obtained in accordance with (FAR) 48 CFR 46.703(d) and (FAR)
48 CFR 46.710(b)(2).
(b) For systems or components provided in accordance with either
design and manufacturing or performance requirements as specified in
the contract or any modification to that contract, a warranty of
compliance with the stated requirements shall be obtained.
(c) The warranty provided under paragraph (b) of this section shall
provide that in the event the major system or any component thereof
fails to meet the terms of the warranty provided, the contracting
officer may:
(1) Require the contractor to promptly take such corrective action
as the contracting officer determines to be necessary at no additional
cost to the Government, including repairing or replacing all parts
necessary to achieve the requirements set forth in the contract;
(2) Require the contractor to pay costs reasonably incurred by the
United States in taking necessary corrective action; or
(3) Equitably reduce the contract price.
(d) Any warranty shall specifically exclude coverage of combat
damage.
1246.790-2 Tailoring warranty terms and conditions. (USCG)
(a) As the objectives and circumstances vary considerably among
major systems acquisition programs, contracting officers shall
appropriately tailor the warranty on a case-by-case basis, including
remedies, exclusions, limitations and durations, provided the tailoring
is consistent with the specific requirements of this subpart and (FAR)
48 CFR 46.706.
(b) Contracting officers of major systems acquisitions may exclude
from the terms of the warranty certain defects for specified supplies
(exclusions) and may limit the contractor's liability under the terms
of the warranty (limitations), as appropriate, if necessary to derive a
cost-effective warranty in light of the technical risk, contractor
financial risk, or other program uncertainties.
(c) Contracting officers are encouraged to structure a broader and
more comprehensive warranty where such is advantageous. Likewise, the
contracting officer may narrow the scope of a warranty when appropriate
(e.g., where it would be inequitable to require a warranty of all
performance requirements because a contractor had not designed the
system).
(d) Contracting officers shall not include in a warranty clause any
terms that require the contractor to incur liability for loss, damage,
or injury to third parties.
1246.790-3 Warranties on Government-furnished property. (USCG)
A contractor for a major systems acquisition shall not be required
to provide the warranties specified in (TAR) 48 CFR 1246.790-1 on any
property furnished to that contractor by the Government except for:
(a) Defects in installation; and
(b) Installation or modification in such a manner that invalidates
a warranty provided by the manufacturer of the property.
1246.791 Cost benefit analysis. (USCG)
Warranties shall be obtained for a major systems acquisition only
when it is cost beneficial in accordance with TAM (Copies of the
Transportation Acquisition Manual may be obtained from the Government
Printing Office) 1246.703. If a specific warranty is considered not to
be cost beneficial by the contracting officer, a waiver request shall
be initiated in accordance with USCG guidance at 48 CFR 1246.792.
1246.792 Waiver and notification procedures. (USCG)
(a) The Secretary of Transportation, without delegation, may waive
the requirement for a warranty for USCG major system acquisitions when
the waiver is in the interest of national defense or if the warranty
obtained would not be cost beneficial. A waiver may be granted provided
that the Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science and Transportation
of the Senate, and the Committee on Merchant Marine and Fisheries of
the House of Representatives are notified, in writing, of the
Secretary's intention to waive the warranty requirements and the
reasons supporting such a determination prior to granting the waiver.
The request for Secretarial waiver shall include, at a minimum:
(1) A brief description of the major system and its stage of
production (e.g., the number of units delivered and anticipated to be
delivered during the life of the program);
(2) The specific waiver requested, the duration of the waiver if it
is to involve more than one contract, and the rationale for the waiver;
and
(3) All documentation supporting the request for waiver, such as a
cost-benefit analysis.
(b) The waiver request shall be forwarded to the Secretary, via the
Office of Acquisition and Grant Management (M-60). The USCG shall
maintain a written record of each waiver granted and the Congressional
notification and report made, together with supporting documentation.
PART 1247--TRANSPORTATION
Subpart 1247.1--General
1247.104-370 Contract clause.
Subpart 1247.3--Transportation in Supply Contracts
1247.305 Solicitation provisions, contract clauses, and
transportation factors.
1247.305-70 Solicitation provisions.
1247.305-71 Contract clause.
Subpart 1247.5--Ocean Transportation by U.S.-Flag Vessels
1247.506 Procedures.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1247.1--General
1247.104-370 Contract clause.
The contracting officer shall insert the clause at (TAR) 48 CFR
1252.247-1, Acceptable Service at Reduced Rates, to implement the
requirements of (FAR) 48 CFR 47.104-3.
Subpart 1247.3--Transportation in Supply Contracts
1247.305 Solicitation provisions, contract clauses, and transportation
factors.
1247.305-70 Solicitation provisions.
The contracting officer shall insert the following provisions in
solicitations, as applicable:
(a) (TAR) 48 CFR 1252.247-2, F.o.b. Origin Information, with
Alternates I or II, as applicable, shall be inserted in accordance with
(FAR) 48 CFR 47.305-3(b);
(b) (TAR) 48 CFR 1252.247-3, F.o.b. Origin Only, shall be inserted
in accordance with (FAR) 48 CFR 47.305-3(e);
(c) (TAR) 48 CFR 1252.247-4, F.o.b. Destination Only, shall be
inserted in accordance with (FAR) 48 CFR 47.305-4(b);
(d) (TAR) 48 CFR 1252.247-5, Shipments to Ports and Air Terminals,
with Alternates I, II, and III, shall be inserted in accordance with
(FAR) 48 CFR 47.305-6(a)(1) through (a)(4);
(e) (TAR) 48 CFR 1252.247-6, F.o.b. Designated Air Carrier's
Terminal, Point of Exportation, implements the requirements of (FAR) 48
CFR 47.305-6(a)(5); and
(f) (TAR) 48 CFR 1252.247-7, Nomination of Additional Ports,
implements the requirements of (FAR) 48 CFR 47.305-6(d).
1247.305-71 Contract clause.
The contracting officer shall insert the clause at (TAR) 48 CFR
1252.247-8, Supply Movement in the Defense Transportation System, in
contracts to implement the requirements of (FAR) 48 CFR 47.305-6(f)(1).
Subpart 1247.5--Ocean Transportation by U.S.-Flag Vessels
1247.506 Procedures.
(d) Reports concerning cargo preference shipments/ocean shipments
(see (FAR) 48 CFR 47.506(d)) shall, as a minimum, contain the
information and follow the procedures within subparagraph (c) of (FAR)
48 CFR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels.
PART 1252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 1252.1--Instructions for Using Provisions and Clauses
1252.101 Using Part 1252.
Subpart 1252.2--Texts of Provisions and Clauses
1252.209-70 Disclosure of conflicts of interest.
1252.210-70 Brand name or equal.
1252.210-71 Index for specifications.
1252.210-90 Bar coding requirement. (USCG)
1252.213-90 Evaluation factor for Coast Guard performance of bar
coding requirement. (USCG)
1252.215-70 Key personnel and/or facilities.
1252.216-70 Evaluation of offers subject to an economic price
adjustment clause.
1252.216-71 Determination of award fee.
1252.216-72 Performance evaluation plan.
1252.216-73 Distribution of award fee.
1252.216-74 Settlement of letter contract.
1252.217-71 Delivery and shifting of vessel.
1252.217-72 Performance.
1252.217-73 Inspection and manner of doing work.
1252.217-74 Subcontracts.
1252.217-75 Lay days.
1252.217-76 Liability and insurance.
1252.217-77 Title.
1252.217-78 Discharge of liens.
1252.217-79 Delays.
1252.217-80 Department of Labor Safety and Health Regulations for
Ship Repairing.
1252.217-81 Guarantee.
1252.219-70 Small Business and Small Disadvantaged Business
subcontracting reporting.
1252-220-90 Local hire. (USCG)
1252.222-70 Strikes or picketing affecting timely completion of the
contract work.
1252.222-71 Strikes or picketing affecting access to a DOT
facility.
1252.223-70 Removal or disposal of hazardous substances--Applicable
licenses and permits.
1252.223-71 Accident and fire reporting.
1252.223-72 Protection of human subjects.
1252.225-90 Buy American Certificate--Steel and Manufactured
Products (FAA)
1252.225-91 Buy American--Steel and Manufactured Products (FAA)
1252.228-70 Loss of or damage to leased aircraft.
1252.228-71 Fair market value of aircraft.
1252.228-72 Risk and indemnities.
1252.228-90 Notification of Miller Act payment bond protection.
(USCG)
1252.231-70 Date of incurrence of costs.
1252.236-70 Special precautions for work at operating airports.
1252.237-70 Qualifications of employees.
1252.237-90 Requirements. (USCG)
1252.237-91 Area of performance. (USCG)
1252.237-92 Performance and delivery. (USCG)
1252.237-93 Subcontracting. (USCG)
1252.237-94 Termination for default. (USCG)
1252.237-95 Group interment. (USCG)
1252.237-96 Permits. (USCG)
1252.237-97 Facility requirements. (USCG)
1252.237-98 Preparation history. (USCG)
1252.237-99 Award to single offeror. (USCG)
1252.242-70 Dissemination of information--Educational institutions.
1252.242-71 Contractor testimony.
1252.242-72 Dissemination of contract information.
1252.242-73 Contracting officer's technical representative.
1252.245-70 Government property reports.
1252.247-1 Acceptable service at reduced rates.
1252.247-2 F.o.b. origin information.
1252.247-3 F.o.b. origin only.
1252.247-4 F.o.b. destination only.
1252.247-5 Shipments to ports and air terminals.
1252.247-6 F.o.b. designated air carrier's terminal, point of
exportation.
1252.247-7 Nomination of additional ports.
1252.247-8 Supply movement in the Defense Transportation System.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1252.1--Instructions for Using Provisions and Clauses
1252.101 Using Part 1252.
(b) Numbering--(2)(i) Provisions or clauses that supplement the
FAR.
(A) Agency-prescribed provisions and clauses permitted by TAR and
used on a standard basis (i.e., normally used in two or more
solicitations or contracts regardless of contract type) shall be
prescribed and contained in the TAR. OAs desiring to use a provision or
a clause on a standard basis shall submit a request containing a copy
of the clause(s), justification for its use, and evidence of legal
counsel review to M-60 in accordance with (TAR) 48 CFR 1201.304 for
possible inclusion in the TAR.
(B) Provisions and clauses used on a one-time basis (i.e., non-
standard provisions and clauses) may be approved by the contracting
officer, unless a higher level is designated by the OA. This authority
is permitted subject to:
(1) evidence of legal counsel review in the contract file;
(2) inserting these clauses in the appropriate sections of the
uniform contract format; and
(3) ensuring the provisions and clauses do not deviate from the
requirements of the FAR and TAR.
Subpart 1252.2--Texts of Provisions and Clauses
1252.209-70 Disclosure of conflicts of interest.
As prescribed in 1209.507, insert the following provision:
Disclosure of Conflicts of Interest (Oct 1994)
It is the Department of Transportation's (DOT) policy to award
contracts to only those offerors whose objectivity is not impaired
because of any related past, present, or planned interest, financial
or otherwise, in organizations regulated by DOT or in organizations
whose interests may be substantially affected by Departmental
activities. Based on this policy:
(a) The offeror shall provide a statement in its proposal which
describes in a concise manner all past, present or planned
organizational, financial, contractual or other interest(s) with an
organization regulated by DOT, or with an organization whose
interests may be substantially affected by Depart-mental activities,
and which is related to the work under this solicitation. The
interest(s) described shall include those of the proposer, its
affiliates, proposed consultants, proposed subcontractors and key
personnel of any of the entities. Past interest shall be limited to
within one year of the date of the offeror's technical proposal. Key
personnel shall include any person owning more than 20% interest in
the offeror, and the offeror's corporate officers, its senior
managers and any employee who is responsible for making a decision
or taking an action on this contract where the decision or action
can have an economic or other impact on the interests of a regulated
or affected organization.
(b) The offeror shall describe in detail why it believes, in
light of the interest(s) identified in paragraph (a) of this
section, that performance of the proposed contract can be
accomplished in an impartial and objective manner.
(c) In the absence of any relevant interest identified in
paragraph (a) of this section, the offeror shall submit in its
proposal a statement certifying that to its best knowledge and
belief no affiliation exists relevant to possible conflicts of
interest. The offeror must obtain the same information from
potential subcontractors prior to award of a subcontract.
(d) The Contracting Officer will review the statement submitted
and may require additional relevant information from the offeror.
All such information, and any other relevant information known to
DOT, will be used to determine whether an award to the offeror may
create a conflict of interest. If any such conflict of interest is
found to exist, the Contracting Officer may (1) disqualify the
offeror, or (2) determine that it is otherwise in the best interest
of the United States to contract with the offeror and include
appropriate provisions to mitigate or avoid such conflict in the
contract awarded.
(e) The refusal to provide the disclosure or representation, or
any additional information required, may result in disqualification
of the offeror for award. If nondisclosure or misrepresentation is
discovered after award, the resulting contract may be terminated. If
after award the Contractor discovers a conflict of interest with
respect to the contract awarded as a result of this solicitation,
which could not reasonably have been know prior to award, an
immediate and full disclosure shall be made in writing to the
Contracting Officer. The disclosure shall include a full description
of the conflict, a description of the action the contractor has
taken, or proposes to take, to avoid or mitigate such conflict. The
Contracting Officer may, however, terminate the contract for
convenience if he or she deems that termination is in the best
interest of the Government.
(End of provision)
1252.210-70 Brand Name or Equal.
As prescribed in (TAR) 48 CFR 1210.011, insert the following
provision:
Brand Name or Equal (Oct 1994)
(As used in this provision, the term ``brand name'' includes
identification of products by make and model.)
(a) If items called for by this solicitation have been
identified in the schedule by a ``brand name or equal'' description,
such identification is intended to be descriptive, but not
restrictive, and is intended to indicate the quality and
characteristics of products that will be satisfactory. Offers
offering ``equal'' products (including products of the brand name
manufacturer other than the one described by brand name) will be
considered for award if such products are clearly identified in the
offers and are determined by the Government to meet fully the
salient characteristic requirements listed in the solicitation.
(b) Unless the offeror clearly indicates in its offer that it is
offering an ``equal'' product, its offer shall be considered as
offering the brand name product referenced in the solicitation.
(c) If the offeror proposed to furnish an ``equal'' product, the
brand name, if any, of the product to be furnished shall be inserted
in the space provided in the solicitation, or such product shall be
otherwise clearly identified in the offer. The evaluation of offers
and the determination as to equality of the product offered shall be
the responsibility of the Government and will be based on
information furnished by the offeror or identified in its offer as
well as other information reasonably available to the contracting
office. CAUTION TO OFFERORS: The contracting office is not
responsible for locating or securing any information which is not
identified in the offer and reasonably available to the contracting
office. Accordingly, to insure that sufficient information is
available, the offeror must furnish as a part of its offer all
descriptive material (such as cuts, illustrations, drawings, or
other information) necessary for the contracting office to: (1)
determine whether the product offered meets the salient
characteristic requirements of the solicitation; and (2) establish
exactly what the offeror proposes to furnish and what the Government
would be binding itself to acquire by making an award. The
information furnished may include specific reference to information
previously furnished or to information otherwise available to the
contracting office.
(d) If the offeror proposes to modify a product so as to make it
conform to the requirements of the solicitation, it shall: (1)
include in its offer a clear description of such proposed
modifications; and (2) clearly mark any descriptive material to show
the proposed modifications.
(e) Modifications to make a product conform to a brand name
product referenced in the solicitation and proposed after the time
for receipt of offers, will not be considered.
(End of provision)
1252.210-71 Index for specifications.
As prescribed in (TAR) 48 CFR 1210.011, insert the following
clause:
Index for Specifications (Oct 1994)
If an index or table of contents is furnished in connection with
specifications, it is understood that such index or table of
contents is for convenience only. Its accuracy and completeness is
not guaranteed, and it is not to be considered as part of the
specification. In case of discrepancy between the index or table of
contents and the specifications, the specifications shall govern.
(End of clause)
1252.210-90 Bar coding requirement. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1210.011-90 and
1213.507-90, insert the following clause:
Bar Coding Requirements (Oct 1994)
Item markings shall include bar coding in accordance with MIL-
STD-1189 as follows:
(a) The stock number shall be bar coded with no prefixes,
dashes, spaces, or suffixes encoded. The contract number, the
delivery order, or call order number, when used, shall be bar coded
with no spaces or dashes encoded.
(b) Prefixes and suffixes to the stock number may be included in
the OCR-A in-the-clear markings, but not in the bar code.
(c) Preferred Bar Code Density (characters per inch as defined
in MIL-STD-1189) is ``standard,'' but densities from ``standard'' to
``low'' are acceptable.
(d) OCR-A characters do not have to be machine readable.
(e) Bar coding shall be machine readable.
(f) Unless otherwise specified herein, minimum bar code height
shall be 0.25 inch (6.4 mm) or 15 percent of the bar code length,
whichever is greater.
(g) The preferred position of the OCR-A characters is beneath
the bar codes, but the OCR-A characters may be over the bar codes.
(h) On outer containers contractors shall either:
(1) Encode the stock numbers and contract number in one line of
bar code with the stock number appearing first; or
(2) Encode the item stock number and contract number on two
labels, with the top label containing the stock number and the lower
label containing the contract number.
(i) On unit and intermediate containers, the item stock number
in bar code with OCR-A below may be on the same label as the other
data (identification markings) required by MIL-STD-129H. However,
the bar code stock number shall appear on the top line with OCR-A
characters on the second line; the OCR-A characters may include the
stock number prefix and suffix, or alternatively, the complete stock
number including any prefix and suffix, shall be repeated as part of
the identification markings.
(j) Exclusions from bar code markings are:
(1) Multi-packs/consolidation containers (containers with two or
more different stock numbers within).
(2) Reusable shipping containers used for multiple/ different
stock number applications.
(3) Items consigned to a prime contractor's plant for
installation in production.
(End of clause)
1252.213-90 Evaluation factor for Coast Guard performance of bar
coding requirement. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1213.107-90, insert
the following provision:
Evaluation Factor for Coast Guard Performance of Bar Coding Requirement
(Oct 1994)
If a small business cannot provide the bar coding requirement,
as indicated elsewhere in the schedule, the contracting officer will
apply the following formula to the quoted amounts:
(a) Unit price quoted by small business $________
(b) Add unit cost to the USCG to provide bar coding $________
(c) Adjusted unit price (add lines a. and b.) $________
The line (c) amount will become the amount the contracting
officer considered when determining the lowest quoted amount.
(End of provision)
1252.215-70 Key personnel and/or facilities.
As prescribed in (TAR) 48 CFR 1215.106, insert the following
clause:
Key Personnel and/or Facilities (Oct 1994)
(a) The personnel and/or facilities as specified in paragraph
(c) are considered essential to the work being performed hereunder
and may, with the consent of the contracting parties, be changed
from time to time during the course of the contract by adding or
deleting personnel and/or facilities, as appropriate.
(b) Prior to removing, replacing, or diverting any of the
specified individuals or facilities, the Contractor shall notify, in
writing, and receive consent from, the Contracting Officer
reasonably in advance of the action and shall submit justification
(including proposed substitutions) in sufficient detail to permit
evaluation of the impact on this contract.
(c) No diversion shall be made by the Contractor without the
written consent of the Contracting Officer. The Contracting Officer
may ratify, in writing, the change and such ratification shall
constitute the consent of the Contracting Officer required by this
clause.
The Key Personnel and/or Facilities under this Contract:
(Specify key personnel and/or facilities)
(End of clause)
1252.216-70 Evaluation of offers subject to an economic price
adjustment clause.
As prescribed in (TAR) 48 CFR 1216.203-470, insert the following
provision:
Evaluation of Offers Subject to an Economic Price Adjustment Clause
(Oct 1994)
Offers shall be evaluated without an amount for an economic
price adjustment being added. Offers will be rejected which: (1)
Increase the ceiling stipulated; (2) limit the downward adjustment;
or (3) delete the economic price adjustment clause. If the offer
stipulates a ceiling lower than that included in the solicitation,
the lower ceiling will be incorporated into any resulting contract.
(End of provision)
1252.216-71 Determination of award fee.
As prescribed in (TAR) 48 CFR 1216.405(a), insert the following
clause:
Determination of Award Fee (Oct 1994)
(a) The Government shall, at the conclusion of each specified
evaluation period(s), evaluate the contractor's performance for a
determination of award fee earned. The contractor agrees that the
determination as to the amount of the award fee earned will be made
by the Government Fee Determination Official (FDO) and such
determination is binding on both parties and shall not be subject to
appeal under the ``Disputes'' clause or to any board or court.
(b) It is agreed that the evaluation of contractor performance
shall be in accordance with a Performance Evaluation Plan and that
the contractor shall be promptly advised in writing of the
determination and reasons why the award fee was or was not earned.
It is further agreed that the contractor may submit a self-
evaluation of performance of each period under consideration. While
it is recognized that the basis for the determination of the fee
shall be the evaluation by the Government, any self-evaluation which
is received within ______ (insert number) days after the end of the
period being evaluated may be given such consideration, if any, as
the FDO shall find appropriate.
(c) The FDO may specify in any fee determination that fee not
earned during the period evaluated may be accumulated and be
available for allocation to one or more subsequent periods. In that
event, the distribution of award fee shall be adjusted to reflect
such allocations.
(End of clause)
1252.216-72 Performance evaluation plan.
As prescribed in (TAR) 48 CFR 1216.405(b), insert the following
clause:
Performance Evaluation Plan (Oct 1994)
(a) A Performance Evaluation Plan shall be unilaterally
established by the Government based on the criteria stated in the
contract and used for the determination of award fee. This plan
shall include the criteria used to evaluate each area and the
percentage of award fee (if any) available for each area. A copy of
the plan shall be provided to the contractor ______ (insert number)
calendar days prior to the start of the first evaluation period.
(b) The criteria contained within the Performance Evaluation
Plan may relate to: (1) Technical (including schedule) requirements
if appropriate; (2) Management; and (3) Cost.
(c) The Performance Evaluation Plan may, consistent with the
contract, be revised unilaterally by the Government at any time
during the period of performance. Notification of such changes shall
be provided to the contractor ______ (insert number) calendar days
prior to the start of the evaluation period to which the change will
apply.
(End of clause)
1252.216-73 Distribution of award fee.
As prescribed in (TAR) 48 CFR 1216.405(c), insert the following
clause:
Distribution of Award Fee (Oct 1994)
(a) The total amount of award fee available under this contract
is assigned according to the following evaluation periods and
amounts:
Evaluation Period:
Available Award Fee:
(insert appropriate information)
(b) Payment of the base fee and award fee shall be made,
provided that after payment of 85 percent of the base fee and
potential award fee, the Government may withhold further payment of
the base fee and award fee until a reserve is set aside in an amount
that the Government considers necessary to protect its interest.
This reserve shall not exceed 15 percent of the total base fee and
potential award fee or $100,000, whichever is less.
(c) In the event of contract termination, either in whole or in
part, the amount of award fee available shall represent a prorata
distribution associated with evaluation period activities or events
as determined by the Government.
(d) The Government will promptly make payment of any award fee
upon the submission by the contractor to the contracting officer's
authorized representative, of a public voucher or invoice in the
amount of the total fee earned for the period evaluated. Payment may
be made without using a contract modification.
(End of clause)
1252.216-74 Settlement of letter contract.
As prescribed in (TAR) 48 CFR 1216.603-4, insert the following
clause:
Settlement of Letter Contract (Oct. 1994)
(a) This contract constitutes the definitive contract
contemplated by issuance of letter contract ______ (insert number)
dated ______ (insert effective date). It supersedes the letter
contract and its modification number(s) ______ (insert number(s))
and, to the extent of any inconsistencies, governs. (b) The cost(s)
and fee(s), or price(s), established in this definitive contract
represents full and complete settlement of letter contract ______
(insert number and modification number(s) ______ (insert number(s)).
Payment of the agreed upon fee or profit withheld pending
definitization of the letter contract, may commence immediately at
the rate and times stated within this contract.
(End of clause)
1252.217-71 Delivery and Shifting of Vessel.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Delivery and Shifting of Vessel (Oct. 1994)
The Government shall deliver the vessel to the Contractor at his
place of business. Upon completion of the work, the Government shall
accept delivery of the vessel at the Contractor's place of business.
The Contractor shall provide, at no additional charge, upon 24
hours' advance notice, a tug or tugs and docking pilot, acceptable
to the Contracting Officer, to assist in handling the vessel between
(to and from) the Contractor's plant and the nearest point in a
waterway regularly navigated by vessels of equal or greater draft
and length. While the vessel is in the hands of the Contractor, any
necessary towage, cartage, or other transportation between ship and
shop or elsewhere, which may be incident to the work herein
specified, shall be furnished by the Contractor without additional
charge to the Government.
(End of clause)
1252.217-72 Performance.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Performance (Oct. 1994)
(a) Upon the award of the contract, the Contractor shall
promptly start the work specified and shall diligently prosecute the
work to completion. The Contractor shall not start work until the
contract has been awarded except in the case of emergency work
ordered by the Contracting Officer in writing.
(b) The Government shall deliver the vessel described in the
contract at the time and location specified in the contract. Upon
completion of the work, the Government shall accept delivery of the
vessel at the time and location specified in the contract.
(c) The Contractor shall without charge,--
(1) Make available to personnel of the vessel while in dry dock
or on a marine railway, sanitary lavatory and similar facilities at
the plant acceptable to the Contracting Officer;
(2) Supply and maintain suitable brows and gangways from the
pier, dry dock, or marine railway to the vessel;
(3) Treat salvage, scrap or other ship's material of the
Government resulting from performance of the work as items of
Government-furnished property, in accordance with the Government
Property (Fixed Price Contracts) clause;
(4) Perform, or pay the cost of, any repair, reconditioning or
replacement made necessary as the result of the use by the
Contractor of any of the vessel's machinery, equipment or fittings,
including, but not limited to, winches, pumps, rigging, or pipe
lines; and
(5) Furnish suitable offices, office equipment and telephones at
or near the site of the work for the Government's use.
(d) The contract will state whether dock and sea trials are
required to determine whether or not the Contractor has
satisfactorily performed the work.
(1) If dock and sea trials are required, the vessel shall be
under the control of the vessel's commander and crew.
(2) The Contractor shall not conduct dock and sea trials not
specified in the contract without advance approval of the
Contracting Officer. Dock and sea trials not specified in the
contract shall be at the Contractor's expense and risk.
(3) The Contractor shall provide and install all fittings and
appliances necessary for dock and sea trials. The Contractor shall
be responsible for care, installation, and removal of instruments
and apparatus furnished by the Government for use in the trials.
(End of clause)
1252.217-73 Inspection and manner of doing work.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Inspection and Manner of Doing Work (Oct. 1994)
(a) The Contractor shall perform work in accordance with the
contract, any drawings and specifications made a part of the job
order, and any change or modification issued under the Changes
clause.
(b)(1) Except as provided in paragraph (b)(2) of this clause,
and unless otherwise specifically provided in the contract, all
operational practices of the Contractor and all workmanship,
material, equipment, and articles used in the performance of work
under this contract shall be in accordance with the best commercial
marine practices and the rules and requirements of the American
Bureau of Shipping, the U.S. Coast Guard, and the Institute of
Electrical and Electronic Engineers, in effect at the time of
Contractor's submission of offer.
(2) When Navy specifications are specified in the contract, the
Contractor shall follow Navy standards of material and workmanship.
The solicitation shall prescribe the Navy standard whenever
applicable.
(c) The Government may inspect and test all material and
workmanship at any time during the Contractor's performance of the
work.
(1) If, prior to delivery, the Government finds any material or
workmanship is defective or not in accordance with the contract, in
addition to its rights under the Guarantee clause, the Government
may reject the defective or nonconforming material or workmanship
and require the Contractor to correct or replace it at the
Contractor's expense.
(2) If the Contractor fails to proceed promptly with the
replacement or correction of the material or workmanship, the
Government may replace or correct the defective or nonconforming
material or workmanship and charge the Contractor the excess costs
incurred.
(3) As specified in the contract, the Contractor shall provide
and maintain an inspection system acceptable to the Government.
(4) The Contractor shall maintain complete records of all
inspection work and shall make them available to the Government
during performance of the contract and for 90 days after the
completion of all work required.
(d) The Contractor shall not permit any welder to work on a
vessel unless the welder is, at the time of the work, qualified to
the standards established by the U.S. Coast Guard, American Bureau
of Shipping, or Department of the Navy for the type of welding being
performed. Qualifications of a welder shall be as specified in the
contract.
(e) The Contractor shall--
(1) Exercise reasonable care to protect the vessel from fire;
(2) Maintain a reasonable system of inspection over activities
taking place in the vicinity of the vessel's magazines, fuel oil
tanks, or storerooms containing flammable materials.
(3) Maintain a reasonable number of hose lines ready for
immediate use on the vessel at all times while the vessel is berthed
alongside the Contractor's pier or in dry dock or on a marine
railway;
(4) Unless otherwise provided in the contract, provide
sufficient security patrols to reasonably maintain a fire watch for
protection of the vessel when it is in the Contractor's custody;
(5) To the extent necessary, clean, wash, and steam out or
otherwise make safe, all tanks under alteration or repair.
(6) Furnish the Contracting Officer a ``gas-free'' or ``safe-
for-hotwork'' certificate before any hot work is done on a tank;
(7) Treat the contents of any tank as Government property in
accordance with the Government Property (Fixed-Price Contracts)
clause; and
(8) Dispose of the contents of any tank only at the direction,
or with the concurrence, of the Contracting Officer.
(f) Except as otherwise provided in the contract, when the
vessel is in the custody of the Contractor or in dry dock or on a
marine railway and the temperature is expected to go as low as 35
Fahrenheit, the Contractor shall take all necessary steps to--
(1) Keep all hose pipe lines, fixtures, traps, tanks, and other
receptacles on the vessel from freezing; and
(2) Protect the stern tube and propeller hubs from frost damage.
(g) The Contractor shall, whenever practicable--
(1) Perform the required work in a manner that will not
interfere with the berthing and messing of Government personnel
attached to the vessel; and
(2) Provide Government personnel attached to the vessel access
to the vessel at all times.
(h) Government personnel attached to the vessel shall not
interfere with the Contractor's work or workers.
(i)(1) The Government does not guarantee the correctness of the
dimensions, sizes, and shapes set forth in any contract, sketches,
drawings, plans, or specifications prepared or furnished by the
Government, unless the contract requires that the Contractor perform
the work prior to any opportunity to inspect.
(2) Except as stated in paragraph (i)(1) of this clause, and
other than those parts furnished by the Government, and the
Contractor shall be responsible for the correctness of the
dimensions, sizes, and shapes of parts furnished under this
agreement.
(j) The Contractor shall at all times keep the site of the work
on the vessel free from accumulation of waste material or rubbish
caused by its employees or the work. At the completion of the work,
unless the contract specifies otherwise, the Contractor shall remove
all rubbish from the site of the work and leave the immediate
vicinity of the work area ``broom clean.''
(End of clause)
1252.217-74 Subcontracts.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Subcontracts (Oct 1994)
(a) Nothing contained in the contract shall be construed as
creating any contractual relationship between any subcontractor and
the Government. The divisions or sections of the specifications are
not intended to control the Contractor in dividing the work among
subcontractors or to limit the work performed by any trade.
(b) The Contractor shall be responsible to the Government for
acts and omissions of its own employees, and of subcontractors and
their employees. The Contractor shall also be responsible for the
coordination of the work of the trades, subcontractors, and material
men.
(c) The Contractor shall, without additional expense to the
Government, employ specialty subcontractors where required by the
specifications.
(d) The Government or its representatives will not undertake to
settle any differences between the Contractor and its
subcontractors, or between subcontractors.
(End of clause)
1252.217-75 Lay days.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Lay Days (Oct 1994)
(a) Lay day time will be paid by the Government at the
Contractor's stipulated bid price for this item of the contract when
the vessel remains on the dry dock or marine railway as a result of
any change that involves work in addition to that required under the
basic contract.
(b) No lay day time shall be paid until all items of the basic
contract for which a price was established by the Contractor and for
which docking of the vessel was required have been satisfactorily
completed and accepted.
(c) Days of hauling out and floating, whatever the hour, shall
not be paid as lay day time, and days when no work is performed by
the Contractor shall not be paid as lay day time.
(d) Payment of lay day time shall constitute complete
compensation for all costs, direct and indirect, to reimburse the
Contractor for use of dry dock or marine railway.
(End of clause)
1252.217-76 Liability and insurance.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Liability and Insurance (Oct 1994)
(a) The Contractor shall exercise its best efforts to prevent
accidents, injury, or damage to all employees, persons, and
property, in and about the work, and to the vessel or part of the
vessel upon which work is done.
(b) Loss or damage to the vessel, materials, or equipment. (1)
Unless otherwise directed or approved in writing by the Contracting
Officer, the Contractor shall not carry insurance against any form
of loss or damage to the vessel(s) or to the materials or equipment
to which the Government has title or which have been furnished by
the Government for installation by the Contractor. The Government
assumes the risks of loss of and damage to that property.
(2) The Government does not assume any risk with respect to loss
or damage compensated for by insurance or otherwise or resulting
from risks with respect to which the Contractor has failed to
maintain insurance, if available, as required or approved by the
Contracting Officer.
(3) The Government does not assume risk of and will not pay for
any costs of the following:
(i) Inspection, repair, replacement, or renewal of any defects
in the vessel(s) or material and equipment due to--
(A) Defective workmanship performed by the Contractor or its
subcontractors;
(B) Defective materials or equipment furnished by the Contractor
or its subcontractors; or
(C) Workmanship, materials, or equipment which do not conform to
the requirements of the contract, whether or not the defect is
latent or whether or not the nonconformance is the result of
negligence.
(ii) Loss, damage, liability, or expense caused by, resulting
from, or incurred as a consequence of any delay or disruption,
willful misconduct or lack of good faith by the Contractor or any of
its representatives that have supervision or direction of--
(A) All or substantially all of the Contractor's business; or
(B) All or substantially all of the Contractor's operation at
any one plant.
(4) As to any risk that is assumed by the Government, the
Government shall be subrogated to any claim, demand or cause of
action against third parties that exists in favor of the Contractor.
If required by the Contracting Officer, the Contractor shall execute
a formal assignment or transfer of the claim, demand, or cause of
action.
(5) No party other than the Contractor shall have any right to
proceed directly against the Government or join the Government as a
codefendant in any action.
(6) Notwithstanding the foregoing, the Contractor shall bear the
first $5,000 of loss or damage from each occurrence or incident, the
risk of which the Government would have assumed under the provision
of this paragraph (b).
(c) Indemnification. The Contractor indemnifies the Government
and the vessel and its owners against all claims, demands, or causes
of action to which the Government, the vessel or its owner(s) might
be subject as a result of damage or injury (including death) to the
property or person of anyone other than the Government or its
employees, or the vessel or its owner, arising in whole or in part
from the negligence or other wrongful act of the Contractor, or its
agents or employees, or any subcontractor, or its agents or
employees.
(1) The Contractor's obligation to indemnify under this
paragraph shall not exceed the sum of $300,000 as a consequence of
any single occurrence with respect to any one vessel.
(2) The indemnity includes, without limitation, suits, actions,
claims, costs, or demands of any kind, resulting from death,
personal injury, or property damage occurring during the period of
performance of work on the vessel or within 90 days after redelivery
of the vessel. For any claim, etc., made after 90 days, the rights
of the parties shall be as determined by other provisions of this
contract and by law. The indemnity does apply to death occurring
after 90 days where the injury was received during the period
covered by the indemnity.
(d) Insurance. (1) The Contractor shall, at its own expense,
obtain and maintain the following insurance--
(i) Casualty, accident, and liability insurance, as approved by
the Contracting Officer, insuring the performance of its obligations
under paragraph (c) of this clause.
(ii) Workers Compensation Insurance (or its equivalent) covering
the employees engaged on the work.
(2) The Contractor shall ensure that all subcontractors engaged
on the work obtain and maintain the insurance required in paragraph
(d)(1) of this clause.
(3) Upon request of the Contracting Officer, the Contractor
shall provide evidence of the insurance required by paragraph (d) of
this clause.
(e) The Contractor shall not make any allowance in the contract
price for the inclusion of any premium expense or charge for any
reserve made on account of self-insurance for coverage against any
risk assumed by the Government under this clause.
(f) The Contractor shall give the Contracting Officer written
notice as soon as practicable after the occurrence of a loss or
damage for which the Government has assumed the risk.
(1) The notice shall contain full details of the loss or damage.
(2) If a claim or suit is later filed against the Contractor as
a result of the event, the Contractor shall immediately deliver to
the Government every demand, notice, summons, or other process
received by the Contractor or its employees or representatives.
(3) The Contractor shall cooperate with the Government and, upon
request, shall assist in effecting settlements, securing and giving
evidence, obtaining the attendance of witnesses, and in the conduct
of suits. The Government shall reimburse the Contractor for expenses
incurred in this effort, other than the cost of maintaining the
Contractor's usual organization.
(4) The Contractor shall not, except at its own expense,
voluntarily make any payments, assume any obligation, or incur any
expense other than what would be imperative for the protection of
the vessel(s) at the time of the event.
(g) In the event of loss of or damage to any vessel(s),
material, or equipment which may result in a claim against the
Government under the insurance provisions of this contract, the
Contractor shall promptly notify the Contracting Officer of the loss
or damage. The Contracting Officer may, without prejudice to any
right of the Government, either--
(1) Order the Contractor to proceed with replacement or repair,
in which event the Contractor shall effect the replacement or
repair;
(i) The Contractor shall submit to the Contracting Officer a
request for reimbursement of the cost of the replacement or repair
together with whatever supporting documentation the Contracting
Officer may reasonably require, and shall identify the request as
being submitted under the Insurance clause of this contract.
(ii) If the Government determines that the risk of the loss or
damage is within the scope of the risks assumed by the Government
under this clause, the Government will reimburse the Contractor for
the reasonable allowable cost of the replacement or repair, plus a
reasonable profit (if the work or replacement or repair was
performed by the Contractor) less the deductible amount specified in
paragraph (b) of this clause.
(iii) Payments by the Government to the Contractor under this
clause are outside the scope of and shall not affect the pricing
structure of the contract, and are additional to the compensation
otherwise payable to the Contractor under this contract; or
(2) Decide that the loss or damage shall not be replaced or
repaired and in that event, the Contracting Officer shall--
(i) Modify the contract appropriately, consistent with the
reduced requirements reflected by the unreplaced or unrepaired loss
or damage; or
(ii) Terminate the repair of any part or all of the vessel(s)
under the Termination for Convenience of the Government clause of
this contract.
(End of clause)
1252.217-77 Title.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Title (Oct 1994)
(a) Unless otherwise provided, title to all materials and
equipment to be incorporated in a vessel in the performance of this
contract shall vest in the Government upon delivery at the location
specified for the performance of the work.
(b) Upon completion of the contract, or with the approval of the
Contracting Officer during performance of the contract, all
Contractor-furnished materials and equipment not incorporated in, or
placed on, any vessel, shall become the property of the Contractor,
unless the Government has reimbursed the Contractor for the cost of
the materials and equipments.
(c) The vessel, its equipment, movable stores, cargo, or other
ship's materials shall not be considered Government-furnished
property.
(End of clause)
1252.217-78 Discharge of liens.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Discharge of Liens (Oct 1994)
(a) The Contractor shall immediately discharge or cause to be
discharged, any lien or right in rem of any kind, other than in
favor of the Government, that exists or arises in connection with
work done or materials furnished under this contract.
(b) If any such lien or right in rem is not immediately
discharged, the Government, at the expense of the Contractor, may
discharge, or cause to be discharged, the lien or right.
(End of clause)
1252.217-79 Delays.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Delays (Oct 1994)
When during the performance of this contract the Contractor is
required to delay work on a vessel temporarily, due to orders or
actions of the Government respecting stoppage of work to permit
shifting the vessel, stoppage of hot work to permit bunkering,
stoppage of work due to embarking or debarking passengers and
loading or discharging cargo, and the Contractor is not given
sufficient advance notice or is otherwise unable to avoid incurring
additional costs on account thereof, an equitable adjustment shall
be made in the price of the contract pursuant to the ``Changes''
clause.
(End of clause)
1252.217-80 Department of Labor Safety and Health Regulations for Ship
Repairing.
As prescribed at 1217.7000(a) and (b), insert the following clause:
Department of Labor Safety and Health Regulations for Ship Repair (Oct
1994)
Nothing contained in this contract shall relieve the Contractor
of any obligations it may have to comply with--
(a) The Occupational Safety and Health Act of 1970 (29 U.S.C.
651, et seq.);
(b) The Safety and Health Regulations for Ship Repairing (29 CAR
part 1915); or
(c) Any other applicable Federal, State, and local laws, codes,
ordinances, and regulations.
(End of clause)
1252.217-81 Guarantee.
As prescribed at 1217.7000(c), insert the following clause:
Guarantee (Oct 1994)
(a) In the event any work performed or materials furnished by
the contractor prove defective or deficient within 60 days from the
date of redelivery of the vessel(s), the Contractor, as directed by
the Contracting Officer and at its own expense, shall correct and
repair the deficiency to the satisfaction of the Contracting
Officer.
(b) If the Contractor or any subcontractor has a guarantee for
work performed or materials furnished that exceeds the 90-day
period, the Government shall be entitled to rely upon the longer
guarantee until its expiration.
(c) With respect to any individual work item identified as
incomplete at the time of redelivery of the vessel(s), the guarantee
period shall run from the date the item is completed.
(d) If practicable, the Government shall give the Contractor an
opportunity to correct the deficiency.
(1) If the Contracting Officer determines it is not practicable
or is otherwise not advisable to return the vessel(s) to the
Contractor, or the Contractor fails to proceed with the repairs
promptly, the Contracting Officer may direct that the repairs be
performed elsewhere, at the Contractor's expense.
(2) If correction and repairs are performed by other than the
Contractor, the Contracting Officer may discharge the Contractor's
liability by making an equitable deduction in the price of the
contract.
(e) The Contractor's liability shall extend for an additional 90
day guarantee period on those defects or deficiencies that the
Contractor corrected.
(f) At the option of the Contracting officer, defects and
deficiencies may be left uncorrected. In that event, the Contractor
and Contracting Officer shall negotiate an equitable reduction in
the contract price. Failure to agree upon an equitable reduction
shall constitute a dispute under the Disputes clause of this
contract.
(End of clause)
1252.219-70 Small Business and Small Disadvantaged Business
subcontracting reporting.
As prescribed in (TAR) 48 CFR 1219.708-70, insert the following
clause:
Small Business and Small Disadvantaged Business Subcontracting
Reporting (Oct 1994)
(a) The Contractor shall submit the Summary Subcontract Report
(Standard Form 295 (SF-295)) to the Department of Transportation,
Office of the Secretary, Office of Small and Disadvantaged Business
Utilization (S-42), 400 7th St., SW, Washington, DC, 20590.
(b) The Contractor shall report the information in Blocks 14, 17
and 18 of the SF-295.
(c) The Contractor shall include this clause in all subcontracts
that include the clause at (FAR) 48 CFR 52.219-9.
(End of clause)
1252.220-90 Local hire. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1220.9001, insert
the following clause:
Local Hire (Oct 1994)
The Contractor shall employ, for the purpose of performing this
contract in whole or in part in a State that has an unemployment
rate in excess of the national average rate of unemployment (as
defined by the Secretary of Labor), individuals who are local
residents and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills. Local
Resident means a resident or an individual who commutes daily to
that State.
(End of clause)
1252.222-70 Strikes or picketing affecting timely completion of the
contract work.
As prescribed in (TAR) 48 CFR 1222.101-71(a), insert the following
clause:
Strikes or Picketing Affecting Timely Completion of the Contract Work
(Oct 1994)
Notwithstanding any other provision hereof, the Contractor is
responsible for delays arising out of labor disputes, including but
not limited to strikes, if such strikes are reasonably avoidable. A
delay caused by a strike or by picketing which constitutes an unfair
labor practice is not excusable unless the Contractor takes all
reasonable and appropriate action to end such a strike or picketing,
such as the filing of a charge with the National Labor Relations
Board, the use of other available Government procedures, and the use
of private boards or organizations for the settlement of disputes.
(End of clause)
1252.222-71 Strikes or picketing affecting access to a DOT facility.
As prescribed in (TAR) 48 CFR 1222.101-71(b), insert the following
clause:
Strikes or Picketing Affecting Access to a DOT Facility (Oct 1994)
If the Contracting Officer notifies the Contractor in writing
that a strike or picketing: (a) is directed at the Contractor or
subcontractor or any employee of either; and (b) impedes or
threatens to impede access by any person to a DOT facility where the
site of the work is located, the Contractor shall take all
appropriate action to end such strike or picketing, including, if
necessary, the filing of a charge of unfair labor practice with the
National Labor Relations Board or the use of other available
judicial or administrative remedies.
(End of clause)
1252.223-70 Removal or disposal of hazardous substances--applicable
licenses and permits.
As prescribed in (TAR) 48 CFR 1223.303, insert the following
clause:
Removal or Disposal of Hazardous Substances--Applicable Licenses and
Permits (Oct 1994)
The Contractor certifies that it has ______ does not have ______
all licenses and permits required by Federal, state, and local laws
to perform hazardous substance(s) removal or disposal services. If
the Contractor does not currently possess these documents, it hereby
certifies that it will obtain all requisite licenses and permits
within ______ days after date of award. The Contractor shall provide
evidence of said documents to the Contracting Officer or designated
Government representative prior to commencement of work under the
contract.
(End of clause)
1252.223-71 Accident and fire reporting.
As prescribed in (TAR) 48 CFR 1223.7000(a), insert the following
clause:
Accident and Fire Reporting (Oct 1994)
(a) The Contractor shall report to the Contracting Officer any
accident or fire occurring at the site of the work which causes:
(1) A fatality or as much as one lost workday on the part of any
employee of the Contractor or subcontractor at any tier;
(2) Damage of $1,000 or more to Federal property, either real or
personal;
(3) Damage of $1,000 or more to Contractor or subcontractor
owned or leased motor vehicles or mobile equipment; or
(4) Damage for which a contract time extension may be requested.
(b) Accident and fire reports required by paragraph (a) of this
section shall be accomplished by the following means:
(1) Accidents or fires resulting in a death, hospitalization of
five or more persons, or destruction of Federal property (either
real or personal), the total value of which is estimated at $100,000
or more, shall be reported immediately by telephone to the
Contracting Officer or his/her authorized representative and shall
be confirmed by telegram or facsimile transmission within 24 hours
to the Contracting Officer. Such telegram or facsimile transmission
shall state all known facts as to extent of injury and damage and as
to cause of the accident or fire.
(2) Other accident and fire reports required by paragraph (a) of
this section may be reported by the Contractor using a state,
private insurance carrier, or Contractor accident report form which
provides for the statement of:
(i) The extent of injury; and
(ii) The damage and cause of the accident or fire.
Such report shall be mailed or otherwise delivered to the
Contracting Officer within 48 hours of the occurrence of the
accident or fire.
(c) The Contractor shall assure compliance by subcontractors at
all tiers with the requirements of this clause.
(End of clause)
1252.223-72 Protection of human subjects.
As prescribed in (TAR) 48 CFR 1223.7000(b), insert the following
clause:
Protection of Human Subjects (Oct 1994)
The Contractor shall comply with the National Highway Traffic
Safety Administration (NHTSA) principles and procedures (in
accordance with NHTSA Order 700-1, 700-3, and 700-4) for the
protection of human subjects participating in activities supported
directly or indirectly by contracts from DOT. A copy of the
applicable NHTSA orders shall be provided to offerors and/or
contractors upon request. In fulfillment of its assurance:
(a) A committee competent to review projects and activities that
involve human subjects shall be established and maintained by the
Contractor.
(b) The committee shall be assigned responsibility to determine
for each activity planned and conducted that:
(1) The rights and welfare of subjects are adequately protected;
(2) The risks to subjects are outweighed by potential benefits;
and
(3) The informed consent of subjects shall be obtained by
methods that are adequate and appropriate.
(c) Committee reviews are to be conducted with objectivity and
in a manner to ensure the exercise of independent judgment of the
members. Members shall be excluded from review of projects or
activities in which they have an active role or a conflict of
interests.
(d) Continuing constructive communication between the committee
and the project directors must be maintained as a means of
safeguarding the rights and welfare of subjects.
(e) Facilities and professional attention required for subjects
who may suffer physical, psychological, or other injury as a result
of participating in an activity shall be provided.
(f) The committee shall maintain records of committee review of
applications and active projects, of documentation of informed
consent, and of other documentation that may pertain to the
selection, participation, and protection of subjects. Detailed
records shall be maintained of circumstances of any review that
adversely affects the rights or welfare of the individual subjects.
Such materials shall be made available to DOT upon request.
(g) The retention period of such records and materials shall be
as specified at (FAR) 48 CFR 4.703.
(h) Periodic reviews shall be conducted by the Contractor to
assure, through appropriate administrative overview, that the
practices and procedures designed for the protection of the rights
and welfare of subjects are being effectively applied.
(Note: If the Contractor has a Department of Health and Human
Services approved Institutional Review Board (IRB) which can
appropriately review this contract in accordance with the technical
requirements and NHTSA Orders 700-1, 700-3, and 700-4, that IRB will
be considered acceptable for the purposes of this contract.
(End of clause)
1252.225-90 Buy American Certificate--Steel and Manufactured Products.
(FAA)
As prescribed in 1225.9005(a), insert the following provision in
solicitations:
Buy American Certificate--Steel and Manufactured Products (Oct 1994)
(a) By submitting a bid/proposal under this solicitation, except
for those items listed by the offeror in paragraph (b), the offeror
certifies that steel and manufactured products to be used in the
project are produced in the United States and that components of
unknown origin are considered to have been produced or manufactured
outside the United States.
(b) This certification is required in implementation of Section
9129 of the Aviation Safety and Capacity Expansion Act of 1990,
(Subtitle B of Title IX of Pub. L. 101-508, the Omnibus Budget
Reconciliation Act of 1990).
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PRODUCT COUNTRY OF ORIGIN
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...................................
...................................
...................................
...................................
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(End of provision)
1252.225-91 Buy American--Steel and Manufactured Products. (FAA)
As prescribed in 1225.9005(b), insert the following clause in
solicitations and contracts:
Buy American--Steel and Manufactured Products (Oct 1994)
(a) Section 9129 of the Aviation Safety and Capacity Expansion
Act of 1990 (Subtitle B of Title IX of Pub. L. 101-508, the Omnibus
Budget Reconciliation Act of 1990) requires the use of steel and
manufactured products produced in the United States when a project
such as that covered by this contract receives funding.
(b) The Contractor shall deliver only steel and manufactured
products produced in the United States. This requirement shall not
apply where the Secretary or his or her designee has found--
(1) that its application would be inconsistent with the public
interest;
(2) that such materials are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality;
(3) in the case of the procurement of facilities and equipment
under the Airport and Airway Improvement Act of 1982, (i) the cost
of components and subcomponents which are produced in the United
States is more than 60 percent of the cost of all components to be
delivered under this contract, and (ii) final assembly of the
facility or equipment to be delivered under this contract has taken
place in the United States; or
(4) that inclusion of domestic material will increase the cost
of the overall contract by more than 25 percent.
(c) In calculating components' costs, labor costs involved in
final assembly shall not be included in the calculation.
(d) This clause takes precedence over the provisions of the
(FAR) 48 CFR 52.225-3, Buy American--Supplies, and the (FAR) 48 CFR
clause 52.225-5, Buy American--Construction Materials, in respect to
their applicability to steel and manufactured products.
(End of clause)
1252.228-70 Loss of or damage to leased aircraft.
As prescribed in (TAR) 48 CFR 1228.306-70 (a) and (b), insert the
following clause:
Loss of or Damage to Leased Aircraft (Oct 1994)
(a) The Government assumes all risk of loss of, or damage
(except normal wear and tear) to, the leased aircraft during the
term of this lease while the aircraft is in the possession of the
Government.
(b) In the event of damage to the aircraft, the Government, at
its option, shall make the necessary repairs with its own facilities
or by contract, or pay the Contractor the reasonable cost of repair
of the aircraft.
(c) In the event the aircraft is lost or damaged beyond repair,
the Government shall pay the Contractor a sum equal to the fair
market value of the aircraft at the time of such loss or damage,
which value may be specifically agreed to in clause 1252.228-71,
``Fair Market Value of Aircraft,'' less the salvage value of the
aircraft. However, the Government may retain the damaged aircraft or
dispose of it as it wishes. In that event, the Contractor will be
paid the fair market value of the aircraft as stated in the clause.
(d) The Contractor certifies that the contract price does not
include any cost attributable to hull insurance or to any reserve
fund it has established to protect its interest in the aircraft. If,
in the event of loss or damage to the leased aircraft, the
Contractor receives compensation for such loss or damage in any form
from any source, the amount of such compensation shall be:
(1) credited to the Government in determining the amount of the
Government's liability; or
(2) for an increment of value of the aircraft beyond the value
for which the Government is responsible.
(e) In the event of loss of or damage to the aircraft, the
Government shall be subrogated to all rights of recovery by the
Contractor against third parties for such loss or damage and the
Contractor shall promptly assign such rights in writing to the
Government.
(End of clause)
1252.228-71 Fair market value of aircraft.
As prescribed in (TAR) 48 CFR 1228.306-70 (a) and (c), insert the
following clause:
Fair Market Value of Aircraft (Oct 1994)
For purposes of the clause entitled ``Loss of or Damage to
Leased Aircraft,'' it is agreed that the fair market value of the
aircraft to be used in the performance of this contract shall be the
lesser of the two values set out in paragraphs (a) and (b):
(a) $____________; or
(b) If the contractor has insured the same aircraft against loss
or destruction in connection with other operations, the amount of
such insurance coverage on the date of the loss or damage for which
the Government may be responsible under this contract.
(End of clause)
1228.228-72 Risk and indemnities.
As prescribed in (TAR) 48 CFR 1228.306-70 (a) and (d), insert the
following clause:
Risk and Indemnities (Oct 1994)
The Contractor hereby agrees to indemnify and hold harmless the
Government, its officers and employees from and against all claims,
demands, damages, liabilities, losses, suits and judgments
(including all costs and expenses incident thereto) which may be
suffered by, accrue against, be charged to or recoverable from the
Government, its officers and employees by reason of injury to or
death of any person other than officers, agents, or employees of the
Government or by reason of damage to property of others of
whatsoever kind (other than the property of the Government, its
officers, agents or employees) arising out of the operation of the
aircraft. In the event the Contractor holds or obtains insurance in
support of this covenant, a Certificate of Insurance shall be
delivered to the Contracting Officer.
(End of clause)
1252.228-90 Notification of Miller Act payment bond protection. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1228.9000, insert
the following clause:
Notification of Miller Act Payment Bond Protection (Oct 1994)
This notice clause shall be inserted by first tier
subcontractors in all their subcontracts and shall contain the
surety which has provided the payment bond under the prime contract.
(a) The prime contract is subject to the Miller Act (40 U.S.C.
270), under which the prime contractor has obtained a payment bond.
This payment bond may provide certain unpaid employees, suppliers,
and subcontractors a right to sue the bonding surety under the
Miller Act for amounts owed for work performed and materials
delivery under the prime contract.
(b) Persons believing that they have legal remedies under the
Miller Act should consult their legal advisor regarding the proper
steps to take to obtain these remedies. This notice clause does not
provide any party any rights against the Federal Government, or
create any relationship, contractual or otherwise, between the
Federal Government and any private party.
(c) The surety which has provided the payment bond under the
prime contract is:
----------------------------------------------------------------------
(Name)
----------------------------------------------------------------------
(Street Address)
----------------------------------------------------------------------
(City, State, Zip Code)
----------------------------------------------------------------------
(Contact & Tel. No.)
(End of clause)
1252.231-70 Date of incurrence of costs.
As prescribed in (TAR) 48 CFR 1231.205-32, insert the following
clause:
Date of Incurrence of Costs (Oct 1994)
The Contractor shall be entitled to reimbursement for costs
incurred on or after ______ in an amount not to exceed $______ that,
if incurred after this contract had been entered into, would have
been reimbursable under this contract.
(End of clause)
1252.236-70 Special precautions for work at operating airports.
As prescribed in (TAR) 48 CFR 1236.570, insert the following
clause:
Special Precautions for Work at Operating Airports (Oct 1994)
(a) When work is to be performed at an operating airport, the
Contractor must arrange its work schedule so as not to interfere
with flight operations. Such operations will take precedence over
construction convenience. Any operations of the Contractor which
would otherwise interfere with or endanger the operations of
aircraft shall be performed only at times and in the manner directed
by the Contracting Officer. The Government will make every effort to
reduce the disruption of the Contractor's operation.
(b) Unless otherwise specified by local regulations, all areas
in which construction operations are underway shall be marked by
yellow flags during daylight hours and by red lights at other times.
The red lights along the edge of the construction areas within the
existing aprons shall be the electric type of not less than 100
watts intensity placed and supported as required. All other
construction markings on roads and adjacent parking lots may be
either electric or battery type lights. These lights and flags shall
be placed so as to outline the construction areas and the distance
between any two flags or lights shall not be greater than 25 feet.
The Contractor shall provide adequate watch to maintain the lights
in working condition at all times other than daylight hours. The
hour of beginning and the hour of ending of daylight will be
determined by the Contracting Officer.
(c) All equipment and material in the construction areas or when
moved outside the construction area shall be marked with airport
safety flags during the day and when directed by the Contracting
Officer, with red obstruction lights at nights. All equipment
operating on the apron, taxiway, runway, and intermediate areas
after darkness hours shall have clearance lights in conformance with
instructions from the Contracting Officer. No construction equipment
shall operate within 50 feet of aircraft undergoing fuel operations.
Open flames are not allowed on the ramp except at times authorized
by the Contracting Officer.
(d) Trucks and other motorized equipment entering the airport or
construction area shall do so only over routes determined by the
Contracting Officer. Use of runways, aprons, taxiways, or parking
areas as truck or equipment routes will not be permitted unless
specifically authorized for such use. Flag personnel shall be
furnished by the Contractor at points on apron and taxiway for safe
guidance of its equipment over these areas to assure right of way to
aircraft. Areas and routes used during the contract must be returned
to their original condition by the Contractor. The maximum speed
allowed at the airport shall be established by airport management.
Vehicles shall be operated so as to be under safe control at all
times, weather and traffic conditions considered. Vehicles must be
equipped with head and tail lights during the hours of darkness.
(End of clause)
1252.237-70 Qualifications of employees.
As prescribed in (TAR) 48 CFR 1237.110, insert the following
clause:
Qualifications of Employees (Oct 1994)
The Contracting Officer may require dismissal from work of those
employees which he/she deems incompetent, careless, insubordinate,
unsuitable or otherwise objectionable, or whose continued employment
he/she deems contrary to the public interest or inconsistent with
the best interest of national security. The Contractor shall fill
out, and cause each of its employees on the contract work to fill
out, for submission to the Government, such forms as may be
necessary for security or other reasons. Upon request of the
Contracting Officer, the Contractor's employees shall be
fingerprinted. Each employee of the Contractor shall be a citizen of
the United States of America, or an alien who has been lawfully
admitted for permanent residence as evidenced by Alien Registration
Receipt Card Form I-151, or who presents other evidence from the
Immigration and Naturalization Service that employment will not
affect his/her immigration status.
1252.237-90 Requirements. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Requirements (Oct 1994)
(a) Except as provided in paragraphs (c) and (d) of this clause,
the Government will order from the Contractor all of its
requirements in the area of performance for the supplies and
services listed in the schedule of this contract.
(b) Each order will be issued as a delivery order and will
list--
(1) The supplies or services being ordered;
(2) The quantities to be furnished;
(3) Delivery or performance dates;
(4) Place of delivery or performance;
(5) Packing and shipping instructions;
(6) The address to send invoices; and
(7) The funds from which payment will be made.
(c) The Government may elect not to order supplies and services
under this contract in instances where the body is removed from the
area for medical, scientific, or other reason.
(d) In an epidemic or other emergency, the contracting activity
may obtain services beyond the capacity of the Contractor's
facilities from other sources.
(e) Contracting Officers of the following activities may order
services and supplies under this contract--
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
(End of clause)
1252.237-91 Area of performance. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Area of Performance (Oct 1994)
(a) The area of performance is as specified in the contract.
(b) The Contractor shall take possession of the remains at the
place where they are located, transport them to the Contractor's
place of preparation, and later transport them to a place designated
by the Contracting Officer.
(c) The Contractor will not be reimbursed for transportation
when both the place where the remains were located and the delivery
point are within the area of performance.
(d) If remains are located outside the area of performance, the
Contracting Officer may place an order with the Contractor under
this contract or may obtain the services elsewhere. If the
Contracting Officer requires the Contractor to transport the remains
into the area of performance, the Contractor shall be paid the
amount per mile in the schedule for the number of miles required to
transport the remains by a reasonable route from the point where
located to the boundary of the area of performance.
(e) The Contracting Officer may require the Contractor to
deliver remains to any point within 100 miles of the area of
performance. In this case, the Contractor shall be paid the amount
per mile in the schedule for the number of miles required to
transport the remains by a reasonable route from the boundary of the
area of performance to the delivery point.
(End of clause)
1252.237-92 Performance and delivery. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Performance and Delivery (Oct 1994)
(a) The Contractor shall furnish the material ordered and
perform the services specified as promptly as possible but not later
than 36 hours after receiving notification to remove the remains,
excluding the time necessary for the Government to inspect and check
results of preparation.
(b) The Government may, at no additional charge, require the
Contractor to hold the remains for an additional period not to
exceed 72 hours from the time the remains are casketed and final
inspection completed.
(End of clause)
1252.237-93 Subcontracting. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Subcontracting (Oct 1994)
The Contractor shall not subcontract any work under this
contract without the Contracting Officer's written approval. This
clause does not apply to contracts of employment between the
Contractor and its personnel.
(End of clause)
1252.237-94 Termination for default. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Termination for Default (Oct 1994)
(a) This clause supplements and is in addition to the Default
clause of this contract.
(b) The Contracting Officer may terminate this contract for
default by written notice without the ten day notice required by
paragraph (a)(2) of the Default clause if--
(1) The Contractor, through circumstances reasonably within its
control or that of its employees, performs any act under or in
connection with this contract, or fails in the performance of any
service under this contract and the act or failures may reasonably
be considered to reflect discredit upon the Department of
Transportation in fulfilling its responsibility for proper care of
remains;
(2) The Contractor, or its employees, solicits relatives or
friends of the deceased to purchase supplies or services not under
this contract. (The Contractor may furnish supplies or arrange for
services not under this contract, only if representatives of the
deceased voluntarily request, select, and pay for them.);
(3) The services or any part of the services are performed by
anyone other than the Contractor or the Contractor's employees
without the written authorization of the Contracting Officer;
(4) The Contractor refuses to perform the services required for
any particular remains; or
(5) The Contractor mentions or otherwise uses this contract in
its advertising in any way.
(End of clause)
1252.237-95 Group interment. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Group Interment (Oct 1994)
The Government will pay the Contractor for supplies and services
provided for remains interred as a group on the basis of the number
of caskets furnished, rather than on the basis of the number of
persons in the group.
(End of clause)
1252.237-96 Permits. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Permits (Oct 1994)
The Contractor shall meet all State and local licensing
requirements and obtain and furnish all necessary health department
and shipping permits at no additional cost to the Government. The
Contractor shall ensure that all necessary health department permits
are in order for disposition of the remains.
(End of clause)
1252.237-97 Facility requirements. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Facility Requirements (Oct 1994)
(a) The Contractor's building shall have complete facilities for
maintaining the highest standards for solemnity, reverence,
assistance to the family, and prescribed ceremonial services.
(b) The Contractor's preparation room shall be clean, sanitary,
and adequately equipped.
(c) The Contractor shall have, or be able to obtain the
necessary items (e.g., catafalques, structures, trucks, equipment)
for religious services.
(d) The Contractor's funeral home, furnishings, grounds, and
surrounding area shall present a clean and well-kept appearance.
(End of clause)
1252.237-98 Preparation history. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following clause:
Preparation History (Oct 1994)
For each body prepared, or for each casket handled in a group
interment, the Contractor shall state briefly the results of the
embalming process on a certificate furnished by the Contracting
Officer.
(End of clause)
1252.237-99 Award to single offeror. (USCG)
As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert
the following provision:
Award to Single Offeror (Oct 1994)
(a) Award shall be made to a single offeror.
(b) Offerors shall include unit prices for each item. Failure to
include unit prices for each item will be cause for rejection of the
entire offer.
(c) The Government will evaluate offers on the basis of the
estimated quantities shown.
(d) Award will be made to that responsive, responsible offeror
whose total aggregate offer is the lowest price to the Government.
(End of provision)
Alternate I (Oct 1994)
If mortuary services are procured by negotiations, substitute
the following paragraph (d) for paragraph (d) of the basic
provision:
(d) Award will be made to that responsive, responsible offeror
whose total aggregate offer is in the best interest of the
Government.
1252.242-70 Dissemination of information--educational institutions.
As prescribed in (TAR) 48 CFR 1242.203-70(a), insert the following
clause:
Dissemination of Information--Educational Institutions (Oct 1994)
(a) The Department of Transportation (DOT) desires widespread
dissemination of the results of funded transportation research. The
Contractor, therefore, may publish (subject to the provisions of the
``Data Rights'' and ``Patent Rights'' clauses of the contract)
research results in professional journals, books, trade
publications, or other appropriate media (a thesis or collection of
theses should not be used to distribute results because
dissemination will not be sufficiently widespread). All costs of
publication pursuant to this clause shall be borne by the Contractor
and shall not be charged to the Government under this or any other
Federal contract.
(b) Any copy of material published under this clause must
contain acknowledgment of DOT's sponsorship of the research effort
and a disclaimer stating that the published material represents the
position of the author(s) and not necessarily that of DOT. Articles
for publication or papers to be presented to professional societies
do not require the authorization of the Contracting Officer prior to
release. However, two copies of each article shall be transmitted to
the Contracting Officer at least two weeks prior to release or
publication.
(c) Press releases concerning the results or conclusions from
the research under this contract shall not be made or otherwise
distributed to the public without prior written approval of the
Contracting Officer.
(d) Publication under the terms of this clause does not release
the Contractor from the obligation of preparing and submitting to
the Contracting Officer a final report containing the findings and
results of research, as set forth in the schedule of the contract.
(End of clause)
1252.242-71 Contractor testimony.
As prescribed in (TAR) 48 CFR 1242.203-70(b), insert the following
clause:
Contractor Testimony (Oct 1994)
All requests for the testimony of the Contractor or its
employees, and any intention to testify as an expert witness
relating to: (a) any work required by, and/or performed under, this
contract; or (b) any information provided by any party to assist the
Contractor in the performance of this contract, shall be immediately
reported to the Contracting Officer. Neither the Contractor nor its
employees shall testify on a matter related to work performed or
information provided under this contract, either voluntarily or
pursuant to a request, in any judicial or administrative proceeding
unless approved by the Contracting Officer or required by a judge in
a final court order.
(End of clause)
1252.242-72 Dissemination of contract information.
As prescribed in (TAR) 48 CFR 1242.203-70(c), insert the following
clause:
Dissemination of Contract Information (Oct 1994)
The Contractor shall not publish, permit to be published, or
distribute for public consumption, any information, oral or written,
concerning the results or conclusions made pursuant to the
performance of this contract, without the prior written consent of
the Contracting Officer. Two copies of any material proposed to be
published or distributed shall be submitted to the Contracting
Officer.
(End of clause)
1252.242-73 Contracting officer's technical representative.
As prescribed in (TAR) 48 CFR 1242.7000, insert the following
clause:
Contracting Officer's Technical Representative (Oct 1994)
(a) The Contracting Officer may designate Government personnel
to act as the Contracting Officer's Technical Representative (COTR)
to perform functions under the contract such as review and/or
inspection and acceptance of supplies, services, including
construction, and other functions of a technical nature. The
Contracting Officer will provide a written notice of such
designation to the Contractor within five working days after
contract award or for construction, not less than five working days
prior to giving the contractor the notice to proceed. The
designation letter will set forth the authorities and limitations of
the COTR under the contract.
(b) The Contracting Officer cannot authorize the COTR or any
other representative to sign documents (i.e., contracts, contract
modifications, etc.) that require the signature of the Contracting
Officer.
(End of clause)
1252.245-70 Government property reports.
As prescribed in (TAR) 48 CFR 1245.505-70, insert the following
clause:
Government Property Reports (Oct 1994)
(a) The Contractor shall prepare an annual report of Government
property in its possession and the possession of its subcontractors.
(b) The report shall be submitted to the Contracting Officer not
later than September 15 of each calendar year on Form DOT F 4220.43,
Contractor Report of Government Property.
(End of clause)
1252.247-1 Acceptable service at reduced rates.
As prescribed in (TAR) 48 CFR 1247.104-370, insert the following
clause:
Acceptable Service at Reduced Rates (Oct 1994)
The Contractor is to use carriers that offer acceptable service
at reduced rates, if available, to transport supplies under this
contract.
(End of clause)
1252.247-2 F.o.b. origin information.
As prescribed in (TAR) 48 CFR 1247.305-70, insert the following
provision:
F.O.B. Origin Information (Oct 1994)
The offeror shall furnish information with the offer:
(a) Location of the offeror's actual shipping point(s) (street
address, city, state, and zip code) from which supplies will be
delivered to the Government;
(b) Whether the offered shipping point has a private railroad
siding, and the name of the rail carrier serving it;
(c) When the offered shipping point does not have a private
siding, the names and addresses of the nearest public rail siding
and of the carrier serving it; and
(d) The quantity of supplies to be shipped from each shipping
point.
(End of provision)
Alternate I (Oct 1994)
If delivery is ``f.o.b. origin, contractor's facility,'' and the
designated facility is not covered by the line-haul transportation
rate, add the following paragraph to the basic provision:
(e) The charges required to deliver the shipment to the point
where the line-haul rate is applicable.
Alternate II (Oct 1994)
When delivery is ``f.o.b. origin, freight allowed,'' add the
following paragraph to the basic provision:
(e) The basis on which transportation charges will be allowed,
including the origin and destination from and to which
transportation charges will be allowed.
1252.247-3 F.o.b. origin only.
As prescribed in (TAR) 48 CFR 1247.305-70, insert the following
provision:
F.O.B. Origin Only (Oct 1994)
Offers are invited on the basis of f.o.b. origin only. Offers
submitted on any other basis will be rejected as nonresponsive.
(End of provision)
1252.247-4 F.o.b. destination only.
As prescribed in (TAR) 48 CFR 1247.305-70, insert the following
provision:
F.O.B. Destination Only (Oct 1994)
Offers are invited on the basis of f.o.b. destination only.
Offers submitted on any other basis will be rejected as
nonresponsive.
(End of provision)
1252.247-5 Shipments to ports and air terminals.
As prescribed in (TAR) 48 CFR 1247.305-70, insert the following
provision:
Shipments to Ports and Air Terminals (Oct 1994)
The Offeror shall furnish the following information with the
offer:
(a) A delivery schedule in number of units and/or long or short
tons;
(b) Maximum quantities available per shipment; and
(c) Other data appropriate to shipment by air carrier.
(End of provision)
Alternate I (Oct 1994)
When the delivery term is ``ex dock, pier or warehouse, port of
importation'' or ``c.& f. destination,'' substitute the following
paragraph (c) for the paragraph (c) of the basic provision:
(c) The number of containers or units that can be loaded in a
car, truck, or other conveyance of the size normally used (specify
type and size) for the commodity.
Alternate II (Oct 1994)
When the delivery term is ``f.a.s. vessel, port of shipment,''
``f.o.b. vessel, port of shipment,'' or ``f.o.b. inland carrier,
point of exportation,'' substitute the following paragraphs (c), (d)
and (e) for the paragraph (c) of the basic provision:
(c) The quantity that can be made available for loading to
vessel per running day of 24 hours (if acquisition involves a
commodity to be shipped in bulk);
(d) The minimum leadtime required to make supplies available for
loading to vessel; and
(e) The port and pier or other designation and, when applicable,
the maximum draft of vessel (in feet) that can be accommodated.
Alternate III (Oct 1994)
When the delivery term is ``c.i.f. destination,'' substitute the
following paragraphs (c) and (d) for the paragraph (c) of the basic
provision:
(c) The number of containers or units that can be loaded in a
car, truck, or other conveyance of the size normally used (specify
type and size) for the commodity; and
(d) The amount and type of marine insurance coverage; e.g.,
whether the coverage is ``With Average'' or ``Free of Particular
Average'' and whether it covers any special risks or excludes any of
the usual risks associated with the specific commodity involved.
1252.247-6 F.o.b. Designated air carrier's terminal, point of
exportation.
As prescribed in (TAR) 48 CFR 1247.305-70, insert the following
provision:
F.O.B. Designated Air Carrier's Terminal, Point of Exportation (Oct
1994)
The Offeror shall furnish the following information with the
offer:
(a) A delivery schedule in number of units, type of package, and
individual weight and dimensions of each package;
(b) Minimum leadtime required to make supplies available for
loading into aircraft;
(c) Name of airport and location to which shipment will be
delivered; and
(d) Other data appropriate to shipment by air carrier.
(End of provision)
1252.247-7 Nomination of additional ports.
As prescribed in (TAR) 48 CFR 1247.305-70, insert the following
provision:
Nomination of Additional Ports (Oct 1994)
(a) Offerors may nominate additional ports (including ports in
Alaska and Hawaii) more favorably located to their shipping points;
and
(b) These ports will be considered in the evaluation of offers
if they possess all requisite capabilities of the listed ports in
relation to the supplies being acquired.
(End of provision)
1252.247-8 Supply movement in the Defense Transportation System.
As prescribed in (TAR) 48 CFR 1247.305-71, insert the following
clause:
Supply Movement in the Defense Transportation System (Oct 1994)
(a) The Contractor shall dispatch a Transportation Control
Movement Document (TCMD) to the appropriate DOD air or water
clearance authority in accordance with MILSTAMP procedures for all
shipments consigned to DOD air or water terminal transshipment
points; and
(b) An Export Release must be obtained for supplies to be
transshipped via a water port of loading to overseas destination,
except for shipments for which an Export Release is not required,
generally shipments of less than 10,000 pounds, (see paragraph
202024 of the Military Traffic Management Regulation, AR 55-355,
NAVSUP 4600.70, MCO 4600.14A, AFM 75-2, DLAR 4500.3).
(End of clause)
PART 1253--FORMS
Subpart 1253.2--Prescription of Forms
1253.204 Administrative matters.
1253.215 Contracting by negotiation.
1253.215-270 Price negotiation.
1253.222 Application of labor laws to Government acquisitions.
1253.227-70 Conveyance of invention rights acquired by the
Government.
1253.245-70 Report of Government property.
Subpart 1253.3--Illustration of Forms
1253.303 Agency forms.
Appendix to Subpart 1253.3 Tar Matrix
Contractor's Release.
Employee Claim for Wage Restitution.
Contractor Report of Government Property.
Contract Pricing Summary.
Contractor's Assignment of Refunds, Rebates, Credits, and Other
Amounts.
Cumulative Claim and Reconciliation Statement.
Report of Inventions and Subcontracts.
Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.
Subpart 1253.2--Prescription of Forms
1253.204 Administrative matters.
The following forms are prescribed for use in the closeout of
applicable contracts, as specified in (TAR) 48 CFR 1204.804-570:
(a) Form DOT F 4220.4, Contractor's Release. (See (TAR) 48 CFR
1204.804-570.) Form DOT F 4220.4 is authorized for local reproduction
and a copy is furnished for this purpose in Part 1253 of the loose-leaf
edition of the (TAR) 48 CFR chapter 12.
(b) Form DOT F 4220.45, Contractor's Assignment of Refunds,
Rebates, Credits, and Other Amounts. (See (TAR) 48 CFR 1204.804-570.)
Form DOT F 4220.45 is authorized for local reproduction and a copy is
furnished for this purpose in Part 1253 of the loose-leaf edition of
the (TAR) 48 CFR chapter 12.
(c) Form DOT F 4220.46, Cumulative Claim and Reconciliation
Statement. (See (TAR) 48 CFR 1204.804-570.) Form DOT F 4220.46 is
authorized for local reproduction and a copy is furnished for this
purpose in Part 1253 of the loose-leaf edition of the (TAR) 48 CFR
chapter 12.
(d) DD Form 882, Report of Inventions and Subcontracts. (See (TAR)
48 CFR 1204.804-570.) DD Form 882 is authorized for local reproduction
and a copy is furnished for this purpose in Part 1253 of the loose-leaf
edition of the (TAR) 48 CFR chapter 12.
1253.215 Contracting by negotiation.
1253.215-270 Price negotiation.
The following form(s) may be used in connection with requirements
for obtaining cost or pricing data from offerors or contractors, as
prescribed in (TAR) 48 CFR 1215.804-6:
Form DOT F 4220.44, Contract Pricing Summary. (See (TAR) 48 CFR
1215.804-6). Form DOT F 4220.44 is authorized for local reproduction
and a copy is furnished for this purpose in (TAR) 48 CFR Part 1253 of
the loose-leaf edition.
1253.222 Application of labor laws to Government acquisitions.
The following form is prescribed for use in connection with the
application of labor laws, as specified in (TAR) 48 CFR 1222.406-9:
Form DOT F 4220.7, Employee Claim for Wage Restitution. (See (TAR)
48 CFR 1222.406-9(c)(1).) Form DOT F 4220.7 is authorized for local
reproduction and a copy is furnished for this purpose in Part 1253 of
the loose-leaf edition of the (TAR) 48 CFR chapter 12.
1253.227-70 Conveyance of invention rights acquired by the Government.
The following form is prescribed for including a means for
contractors to report inventions made in the course of contract
performance, as specified in 1227.305-4:
DD Form 882, Report of Inventions and Subcontracts. (See (TAR) 48
CFR 1227.305-4.) DD Form 882 is authorized for local reproduction and a
copy is furnished for this purpose in Part 1253 of the loose-leaf
edition of the (TAR) 48 CFR chapter 12.
1253.245-70 Report of Government property.
The following form is prescribed for use by contractors to report
Government property, as specified in (TAR) 48 CFR 1245.505-14:
Form DOT F 4220.43, Contractor Report of Government Property. (See
(TAR) 48 CFR 1245.505-14.) Form DOT F 4220.43 is authorized for local
reproduction and a copy is furnished for this purpose in Part 1253 of
the loose-leaf edition of the (TAR) 48 CFR chapter 12.
Subpart 1253.3--Illustration of Forms
1253.303 Agency forms.
This subpart contains illustrations of DOT and other agency forms
specified by the TAR for use in DOT acquisitions.
Appendix to subpart 1253.3
BILLING CODE 4910-62-P
TR08AU94.000
TR08AU94.001
TR08AU94.002
TR08AU94.003
TR08AU94.004
TR08AU94.005
TR08AU94.006
TR08AU94.007
TR08AU94.008
TR08AU94.009
TR08AU94.010
TR08AU94.011
TR08AU94.012
[FR Doc. 94-18972 Filed 8-5-94; 8:45 am]
BILLING CODE 4910-62-C