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PART 1252 – SOLICITAITONS PROVISIONS AND
CONTRACT CLAUSES
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. Operating Administrations (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 the Office of the Senior Procurement Executive 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--TEXT OF PROVISIONS AND
CLAUSES
1252.211-70 Index for specifications.
As prescribed in (TAR) 48 CFR 1211.204-70, insert the following clause:
INDEX FOR SPECIFICATIONS
(APR 2005)
If an index or table of contents is furnished in connection
with specifications, such index or table of contents is for convenience only.
Its accuracy and completeness is not guaranteed, and it is not a 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)
1252.216-70 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 1216.406, insert the following
clause:
DETERMINATION OF AWARD FEE
(APR 2005)
(a) The Government shall evaluate contractor
performance at the end of each specified evaluation period to determine the
amount of award. The contractor agrees
that the amount of award and the award fee methodology are unilateral decisions
to be made at the sole discretion of the Government.
(b) Contractor performance shall be evaluated
according to a Performance Evaluation Plan. The contractor shall be
periodically informed of the quality of its performance and areas in which
improvements are expected.
(c) The contractor shall be promptly advised, in
writing, of the determination and reasons why the award fee was or was not
earned. The contractor may submit a
performance self-evaluation for each evaluation period. The amount of award is at the sole discretion
of the Government but any self-evaluation received within _____ (insert number) days after the end of the current evaluation
period will be given such consideration, as may be deemed appropriate by the
Government.
(d) The amount of award fee which can be awarded in
each evaluation period is limited to the amounts set forth at (identify
location of award fee amounts).
Award fee which is not earned in an evaluation period cannot be
reallocated to future evaluation periods.
(End of clause)
1252.216-72 Performance evaluation plan.
As prescribed in (TAR) 48 CFR 1216.406(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 1216.406(c), insert the
following clause:
DISTRIBUTION OF AWARD FEE
(APR 2005)
(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) After the contractor has been paid 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. Thereafter,
base fee and award fee payments may continue.
(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)
1252.217-70 Guarantee.
As prescribed at (TAR) 48 CFR 1217.7001(a), insert the
following clause:
GUARANTEE
(APR 2005)
(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 60 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)
1252.217-71 Delivery and shifting of vessel.
As prescribed at (TAR) 48 CFR 1217.7001(b) and (c), 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 (TAR) 48 CFR 1217.7001(b) and (c), 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 (TAR) 48 CFR 1217.7001(b) and (c), 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 all appropriate regulatory bodies including, but not limited to
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, and shall be intended and approved for marine use.
(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.
(9) Be responsible for the proper closing of all openings
to the vessel's underwater structure upon which work has been performed. The
contractor additionally must advise the COTR of the status of all valves
closures and openings for which the contractor's workers were responsible.
(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 (TAR) 48 CFR 1217.7001(b) and (c), 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 (TAR) 48 CFR 1217.7001(c) and (e), 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 (TAR) 48 CFR 1217.7001(b) and (c), 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 (TAR) 48 CFR 1217.7001(b) and (c), 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 (TAR) 48 CFR 1217.7001(b) and (c), 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 (TAR) 48 CFR 1217.7001(b) and (c), 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 (TAR) 48 CFR 1217.7001(b) and (c), insert
the following clause:
DEPARTMENT OF LABOR SAFETY AND HEALTH
REGULATIONS FOR SHIP REPAIR
(APR 2005)
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 Occupational Safety and Health Standards for
Shipyard Employment (29 CFR part 1915); or
(c) Any other applicable Federal, State, and local laws,
codes, ordinances, and regulations.
(End of clause)
1252.219-71 Section 8(a) Direct Awards.
As
prescribed in (TAR) 48 CFR 1219.811-3(f),
insert the following clause:
SECTION 8(A) DIRECT AWARDS
(APR 2005)
(a) This contract is issued
as a direct award between the contracting activity and the 8(a) contractor
pursuant to the Partnership Agreement between the Small Business Administration
(SBA) and the Department of Transportation.
SBA does retain responsibility for 8(a) certification, 8(a) eligibility
determinations and related issues, and providing counseling and assistance to
the 8(a) contractor under the 8(a) program.
The responsible SBA district office is:
[To
be completed by Contracting Officer at time of award]
(b) The contracting
activity is responsible for administering the contract and taking any action on
behalf of the Government under the terms and conditions of the contract.
However, the contracting activity shall give advance notice to the SBA before
it issues a final notice terminating performance, either in whole or in part,
under the contract. The contracting
activity shall also coordinate with SBA prior to processing any novation
agreement. The contacting activity may assign contract administration functions
to a contract administration office.
(c) The contractor agrees:
(1) To notify the
Contracting Officer, simultaneous with its notification to SBA (as required by
SBA's 8 (a) regulations), when the owner or owners upon whom 8(a) eligibility
is based plan to relinquish ownership or control of the concern. Consistent
with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in
termination of the contract for convenience, unless SBA waives the requirement
for termination prior to the actual relinquishing of ownership and control.
(2) To adhere to the
requirements of 52.219-14, Limitations on Subcontracting.
(End
of clause)
1252.219-72 Notification of Competition Limited to
Eligible 8(a) Concerns - Alternate III.
As prescribed in (TAR) 48 CFR
1219.811-3(d)(3), substitute the following paragraph for paragraph (c) of the
basic FAR clause 52.219-18, Notification of Competition Limited to Eligible
8(a) Concerns.
NOTIFICATION OF COMPETITION
LIMITED
TO ELIGIBLE 8(a) CONCERNS
ALTERNATE III (APR 2005)
(c) Any award resulting from this
solicitation will be made directly by the Contracting Officer to the successful
8(a) offeror selected through the evaluation criteria set forth in this
solicitation.
(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
(DEC 1997)
The Contractor 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 must 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
(APR 2005)
(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 Government-owned or leased 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)
above shall be accomplished by the following means:
(1) Accidents or fires resulting in a death,
hospitalization of five or more persons, or destruction of Government-owned or
leased 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) above 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
(APR 2005)
The Contractor shall comply with the National Highway
Traffic Safety Administration (NHTSA)
policies and procedures for the protection of human subjects participating
in activities supported directly or indirectly by contracts from DOT. A copy of
the applicable NHTSA policies and
procedures 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 shall 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 or maintains a relationship with 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 applicable
NHTSA policies and procedures,
that IRB will be considered acceptable for the purposes of this contract).
(End of clause)
1252.223-73 Seat belt use policies and programs.
As prescribed in (TAR) 48 CFR 1223.7000(c), insert the
following clause:
SEAT BELT USE
POLICIES AND PROGRAMS
(APR 2005)
In accordance with Executive Order 13043, Increasing Seat
Belt Use in the
(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
(DEC 1997)
(a) Except normal wear and tear, the Government assumes all
risk of loss of, or damage 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 agrees 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," 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) below:
(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)
1252.228-72 Risk and indemnities.
As prescribed in (TAR) 48 CFR 1228.306-70(a) and (d),
insert the following clause:
RISK AND INDEMNITIES
(DEC 1997)
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, evidence
of insurance shall be delivered to the Contracting Officer.
(End of clause)
1252.228-73 Notification of Miller Act payment bond
protection.
As prescribed in guidance at (TAR) 48 CFR 1228.106-470,
insert the following clause:
NOTIFICATION OF
MILLER ACT
PAYMENT BOND PROTECTION
(APR 2005)
This notice clause shall be inserted by first tier
subcontractors in all their subcontracts and shall contain information pertaining to the surety that provided the payment bond under
the prime contract.
(a) The prime contract is subject to the Miller Act, (40
U.S.C. 3131 et al), 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 owned 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(b), 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)
1252.235-70
Research misconduct.
As
prescribed in (TAR) 48 CFR 1235.7000, insert the following clause:
RESEARCH
MISCONDUCT
(APR 2005)
(a) Definitions. As used in this clause-
“Adjudication” means the process of reviewing
recommendations from the investigation phase and determining appropriate
corrective actions.
“Complainant” is the person who makes an allegation of
research misconduct or the person who cooperates with an inquiry or
investigation.
“DOT Oversight Organization” is the DOT operating
administration or secretarial office sponsoring or managing Federally-funded
research.
“Evidence” includes, but is not limited to, research
records, transcripts, or recordings of interviews, committee correspondence,
administrative records, grant applications and awards, manuscripts,
publications, expert analyses, and electronic data.
“Fabrication” is making up data or results and recording or
reporting them.
“Falsification” is manipulating research materials,
equipment, or processes, or changing or omitting data or results such that the
research is not accurately represented in the research record.
“Inquiry” is preliminary information gathering and fact
finding to determine if an allegation, or apparent instance of research
misconduct, warrants an investigation.
“Investigation” is formal collection and evaluation of
information and facts to determine if research misconduct can be established,
to assess its extent and consequences, and to recommend appropriate action.
“Plagiarism” is the appropriation of another person's
ideas, processes, results, or words without giving appropriate credit. Research misconduct does not include honest
error or differences of opinion.
“Research and Technology Coordinating Council (RTCC)” is
the lead DOT entity for coordination of all actions related to allegations of
research misconduct. The respondent in a
research misconduct finding may appeal through the RTCC to the Deputy Secretary
of Transportation.
“Research Institution” includes any contractor conducting
research under DOT-funded contractual instruments, agreements and similar
instruments.
“Research misconduct” means fabrication, falsification, or
plagiarism, in proposing, performing, or reviewing research, or in reporting
research results.”
“Research record” is the record of data or results that
embody the facts resulting from scientific inquiry, and includes, but is not
limited to, research proposals, laboratory records, both physical and
electronic, progress reports, abstracts, theses, oral presentations, internal
reports, and journal articles.
“Respondent” is the person against whom an allegation of
research misconduct has been made, or the person whose actions are the focus of
the inquiry or investigation.
(1) Confidentiality. DOT organizations, including research
organizations, are required to safeguard the confidentiality of the inquiry,
investigation and decision-making processes, including maintaining complete
confidentiality of all records and identities of respondents and complainants.
(2) Retaliation
prohibited. If a complainant who has
reported possible research misconduct alleges retaliation on the part of DOT
organization management, the report will be addressed by management officials
who will conduct an inquiry into the allegations followed by an appropriate
management action.
(3) Separation of Phases. DOT organizations and research organizations
must ensure the separation of the Inquiry, Investigation and Determination
Phases of this process.
(4) In general, DOT
organizations must strive to protect the interests of the Federal Government
and the public in carrying out this process.
(c) Elements to support a finding of research misconduct. Research institutions (including contractors)
that receive Department of Transportation (DOT) funds shall respond to
allegations of research misconduct. The following
elements describe the type of behavior, level of intent and burden of proof
required to support a finding of research misconduct:
(1) There must be a significant departure from the accepted
practices of the relevant research community;
(2) The misconduct must have been committed intentionally,
or knowingly, or recklessly and;
(3) The allegation must be proven by a preponderance of the
evidence.
(d) DOT Oversight
Organization Investigation. The DOT
oversight organization may proceed with its own investigation at any time if:
(1) DOT determines the institution is not
prepared to handle the allegation in a manner consistent with this policy;
(2) DOT involvement is needed
to protect the public interest, including public health and safety;
(3) The allegation involves
an entity of sufficiently small size (or an individual) that it cannot
sufficiently conduct the investigation itself.
(4) The DOT oversight
organization may take, or cause to be taken, interim administrative actions
(including special certifications, assurances, or other administrative actions)
when deemed appropriate to protect the welfare of human and animal subjects of
research, prevent inappropriate use of Federal funds, or otherwise protect the
public interest and safety.
(e) Investigating
research misconduct. Research
Institutions, or in limited circumstances discussed in Section b, the DOT
Oversight Organization, shall use the following procedures to investigate
allegations of research misconduct:
(1) Inquire promptly into the research misconduct
allegation and complete an initial inquiry within 60 calendar days after
receipt of the allegation.
(2) Notify the contracting officer immediately, in writing,
when an inquiry results in a determination that an investigation is warranted,
and promptly begin an investigation.
(3) Ensure the objectivity and expertise of the individuals
selected to review allegations and conduct investigations.
(4) Conduct the investigation according to established
internal procedures and complete it within 120 calendar days of completing the
initial inquiry.
(5) Document the investigation. Include documentation that:
(i) describes the allegation(s);
(ii) lists the investigators;
(iii) describes the methods and procedures used to gather
information and evaluate the allegation(s);
(iv) summarizes the records and data compiled, states the
findings, and explains the supporting reasons and evidence;
(v) states the potential impact of any research misconduct;
and
(vi) describes and explains any institutional sanctions or
corrective actions recommended, or imposed as appropriate within its
jurisdiction and as consistent with other relevant laws.
(6) Provide the respondent (the person against whom an
allegation of research misconduct has been made) with a reasonable opportunity
(e.g., 30 calendar days) to review and respond to the investigation
report. The respondent’s written
comments or rebuttal will be made part of the investigative record.
(7) Within 30 calendar days after completion of an
investigation, forward investigative reports, documentation, and respondent’s
response to the contracting officer who will coordinate with the oversight
organization(s) sponsoring and/or monitoring the federally-funded research.
(8) Time extensions.
Contractors should request time extensions as needed, from the
contracting officer of the appropriate DOT oversight organization. The contracting officer has discretion to
waive time requirements for good cause.
(f) Activity sanctions or corrective actions. Upon
receipt of the investigative reports from the contractor, the DOT oversight
organization, in conjunction with the contracting officer, will review the
report, and determine the appropriate administrative action to be taken. In deciding what actions to take, the oversight
organizations should consider: the severity of the misconduct; the degree to
which the misconduct was knowing, intentional or reckless; and whether it was
an isolated event or part of a pattern.
Sanctions or corrective actions may range as follows:
(1) Minimal restrictions ‑ such as a letter of
reprimand, additional conditions on awards, requiring third‑party certification
of accuracy or compliance with particular policies, regulations, guidelines, or
special terms and conditions;
(2) Moderate restrictions ‑ such as limitations on
certain activities or expenditures under an active award, or special reviews of
requests for funding;
(3) More severe restrictions ‑ such as termination
of an active award, or government‑wide suspension or debarment.
(i) When the DOT oversight organization concludes an
investigation with a determination of research misconduct, the DOT Office of
the Senior Procurement Executive may notify any other sources of research that
provide support to the respondent that a finding of research misconduct has
been made.
(ii) If there are reasonable indications that criminal
violations may have occurred, the DOT oversight organization shall consult with
the Office of Inspector General to determine an appropriate course of action,
including disbarment or suspension. The
DOT oversight organization will notify the respondent in writing of its action,
sanctions to be imposed if applicable, and the DOT appeal procedures.
(g) Appeals and
Final Administrative Action.
(1) The Federal Acquisition Regulation (FAR) governs in all
matters pertaining to termination of the contract, and
suspension/debarment.
(2) In all other cases, the contractor may appeal the
sanction or corrective action through the DOT Research and Technology
Coordinating Council (RTCC) to the Deputy Secretary of Transportation, in
writing within 30 calendar days after receiving written notification of the
research misconduct finding and associated administrative action(s). The contractor shall mail a copy of the
appeal to the contracting officer.
(3) If there is no request for appeal within 30 calendar
days, the administrative actions of the oversight organization shall be final.
(4) If a request for appeal is received by the RTCC within
the 30 calendar day limit, the Deputy Secretary may have the RTCC review the
appeal and make recommendations.
(5) The RTCC on behalf of the Deputy Secretary will
normally inform the appellant of the final decision on an appeal within 60
calendar days of receipt. This decision
will then be the final DOT administrative action.
(h) Criminal or
Civil Fraud Violations. When the oversight organization concludes an investigation
with a determination of research misconduct, the DOT Office of the Senior Procurement Executive may notify any
other sources of research that provide support to the respondent. If criminal or civil fraud violations may
have occurred, the oversight organization should promptly refer the matter to
the DOT Inspector General, the Department of Justice or other appropriate
investigative body.
(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 contractor employees.
As prescribed in (TAR) 48 CFR
1237.110(a), insert the following clause:
QUALIFICATIONS OF CONTRACTOR EMPLOYEES
(APR 2005)
a. Definitions. As
used in this clause- “Sensitive
Information” is any information that, if subject to unauthorized access,
modification, loss, or misuse, or is proprietary data, could adversely affect
the national interest, the conduct of Federal programs, or the privacy of
individuals specified in The Privacy Act, 5 U.S.C. 552a, but has not been
specifically authorized under criteria established by an Executive Order or an
Act of Congress to be kept secret in the interest of national defense or
foreign policy.
b. Work under this contract may involve access to sensitive
information which shall not be disclosed, by the contractor unless authorized
in writing by the contracting officer. To protect sensitive information, the
contractor shall provide training to any contractor employees authorized to
access sensitive information, and upon request of the Government, provide
information as to an individual’s suitability to have authorization.
c. The Contracting Officer may require dismissal from work
those employees deemed incompetent, careless, insubordinate, unsuitable, or
otherwise objectionable, or whose continued employment is deemed contrary to
the public interest or inconsistent with the best interest of national
security.
d. Contractor employees working on this contract must
complete such forms, as may be necessary for security or other reasons,
including the conduct of background investigations to determine suitability.
Completed forms shall be submitted as directed by the Contracting Officer. Upon
the Contracting Officer’s request, the Contractor's employees shall be
fingerprinted, or subject to other investigations as required.
e. The Contractor shall ensure that contractor employees
are:
(1) Citizens of the United States of America or an alien
who has been lawfully admitted for permanent residence or employment (indicated
by immigration status) as evidenced Bureau of Citizenship and Immigration
Services documentation; and
(2) Have background investigations according to DOT Order
1630.2B, Personnel Security Management.
f. The Contractor shall immediately notify the contracting
officer when an employee no longer requires access to DOT computer systems due
to transfer, completion of a project retirement or termination of employment.
g. The Contractor shall include the substance of this clause
in all subcontracts at any tier where the subcontractor may have access to
Government facilities, sensitive information, or resources.
(End of clause)
1252.237-71 Certification of data.
As prescribed in (TAR) 48 CFR 1213.7101 and 1237.7003,
insert the following provision:
CERTIFICATION OF DATA
(APR 2005)
NOTICE:
The Secretary of Transportation has determined that this certification
shall be retained in accordance with Section 4301(b)(1)(B)(i)(II) of the
Federal Acquisition Reform Act (Public Law 104-106, 41 U.S.C. 425, note) and
DOT Memorandum dated July 17, 1996.
(a) The offeror represents and certifies that to the best
of its knowledge and belief, the information and/or data (e.g., company
profile; qualifications; background statements; brochures) submitted with its
offer is current, accurate, and complete as of the date of its offer.
(b) The offeror understands that any inaccurate data
provided to the Department of Transportation may subject the offeror, its
subcontractors, its employees, or its representatives to: (1) prosecution for
false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for
false claims or statements pursuant to the Program Fraud Civil Remedies Act of
1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or; (3) termination for
default under any contract resulting from its offer and/or; (4) debarment or
suspension.
(c) The offeror agrees to obtain a similar certification
from its subcontractors.
Signature: ____________________________________________
Date: ____________________________________________
Typed Name and Title:
Company Name: ____________________
_____________________________________________________
This certification concerns a matter within the
jurisdiction of an agency of the
(End of provision)
1252.237-72 Prohibition on advertising.
As prescribed in (TAR) 48 CFR 1213.7101 and 1237.7003,
insert the following clause:
PROHIBITION ON ADVERTISING
(JAN 1996)
The contractor or its representatives (including training
instructors) shall not advertise or solicit business from attendees for
private, non-Government training during contracted-for training sessions. This
prohibition extends to unsolicited oral comments, distribution or sales of
written materials, and/or sales of promotional videos or audio tapes. The
contractor agrees to insert this clause in its subcontracts.
(End of clause)
1252.237-73 Key personnel.
As prescribed in (TAR) 48 CFR
1237.110(b), insert the following clause:
KEY
PERSONNEL
(APR 2005)
(a) The personnel as
specified below are considered essential to the work being performed under this
contract 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,
as appropriate.
(b) Before removing,
replacing, or diverting any of the specified individuals, the Contractor shall
notify the contracting officer, in writing, before the change becomes
effective. The Contractor shall submit
information to support the proposed action to enable the contracting officer to
evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace
personnel under this contract until the Contracting Officer approves the
change.
The Key Personnel under
this Contract are:
(specify key personnel)
(End of clause)
1252.239-70
Security requirements for unclassified information technology resources
As prescribed in (TAR) 48 CFR 1239.70, insert the following
clause:
SECURITY
REQUIREMENTS FOR UNCLASSIFIED
INFORMATION TECHNOLOGY RESOURCES
(APR 2005)
(a) The
Contractor shall be responsible for Information Technology security for all
systems connected to a Department of Transportation (DOT) network or operated
by the Contractor for DOT, regardless of location. This clause is applicable to
all or any part of the contract that includes information technology resources
or services in which the Contractor has physical or electronic access to DOT’s
sensitive information that directly supports the mission of DOT. The term
“information technology”, as used in this clause, means any equipment or
interconnected system or subsystem of equipment, including telecommunications
equipment, that is used in the automatic acquisition, storage, manipulation,
management, movement, control, display, switching, interchange, transmission,
or reception of data or information.
This includes both major applications and general support systems as
defined by OMB Circular A-130.
Examples of tasks that require security provisions include:
(1) Hosting of DOT e-Government
sites or other IT operations;
(2) Acquisition, transmission or
analysis of data owned by DOT with significant replacement cost should the
contractor’s copy be corrupted; and
(3) Access to DOT general support
systems/major applications at a level beyond that granted the general public,
e.g. bypassing a firewall.
(b) The Contractor shall develop,
provide, implement, and maintain an IT Security Plan. This plan shall describe
the processes and procedures that will be followed to ensure appropriate
security of IT resources that are developed, processed, or used under this
contract. The plan shall describe those parts of the contract to which this
clause applies. The Contractor’s IT Security Plan shall comply with applicable
Federal Laws that include, but are not limited to, 40 U.S.C. 11331, the Federal
Information Security Management Act (FISMA) of 2002 and the E-Government Act of
2002. The plan shall meet IT security requirements in accordance with Federal
and DOT policies and procedures, as they may be amended from time to time
during the term of this contract that include, but are not limited to:
(1) OMB Circular A-130,
Management of Federal Information Resources, Appendix III, Security of Federal
Automated Information Resources;
(2) National Institute of
Standards and Technology (NIST) Guidelines;
(3) Departmental Information
Resource Management Manual (DIRMM) and associated guidelines; and
(4) DOT Order 1630.2B, Personnel
Security Management.
(c) Within 30 days after contract
award, the contractor shall submit the IT Security Plan to the DOT Contracting
Officer for acceptance. This plan shall
be consistent with and further detail the approach contained in the offeror's proposal or sealed bid that resulted in the award
of this contract and in compliance with the requirements stated in this
clause. The plan, as accepted by the
Contracting Officer, shall be incorporated into the contract as a compliance
document. The Contractor shall comply
with the accepted plan.
(d) Within 6 months after contract
award, the contractor shall submit written proof of IT Security accreditation
to the DOT for acceptance by the DOT Contracting Officer. Such written proof may be furnished either by
the Contractor or by a third party.
Accreditation must be in accordance with DOT Order 1350.2, which is
available from the Contracting Officer upon request. This accreditation will include a final
security plan, risk assessment, security test and evaluation, and disaster
recovery plan/continuity of operations plan. This accreditation, when accepted
by the Contracting Officer, shall be incorporated into the contract as a
compliance document, and shall include a final security plan, a risk
assessment, security test and evaluation, and disaster recovery/continuity of
operations plan. The contractor shall
comply with the accepted accreditation documentation.
(e) On an annual basis, the
contractor shall submit verification to the Contracting Officer that the IT
Security Plan remains valid.
(f) The contractor will ensure
that the following banners are displayed on all DOT systems (both public and
private) operated by the contractor prior to allowing anyone access to the
system:
**WARNING**WARNING**WARNING**
Unauthorized access is a violation of U.S. Law and
Department of Transportation policy, and may result in criminal or
administrative penalties. Users shall not access other user's or system files
without proper authority. Absence of access controls IS NOT authorization for
access! DOT information systems and related equipment are intended for
communication, transmission, processing and storage of U.S. Government
information. These systems and equipment are subject to monitoring by law
enforcement and authorized Department officials. Monitoring may result in the
acquisition, recording, and analysis of all data being communicated,
transmitted, processed or stored in this system by law enforcement and
authorized Department officials. Use of
this system constitutes consent to such monitoring.
**WARNING**WARNING**WARNING**
(g) The contractor will ensure
that the following banner is displayed on all DOT systems that contain Privacy
Act information operated by the contractor prior to allowing anyone access to
the system:
This
system contains information protected under the provisions of the Privacy Act
of 1974 (Public Law 93-579). Any privacy information displayed on the screen or
printed shall be protected from unauthorized disclosure. Employees who violate
privacy safeguards may be subject to disciplinary actions, a fine of up to
$5,000, or both.
(h) Contractor personnel
requiring privileged access or limited privileged access to systems operated by
the Contractor for DOT or interconnected to a DOT network shall be screened at
an appropriate level in accordance with DOT Order 1630.2B, Personnel Security
Management, as it may be amended from time to time during the term of this
contract.
(i) The
Contractor shall ensure that its employees, in performance of the contract
performing under this contract, receive annual IT security training in
accordance with OMB Circular A-130, FISMA, and NIST requirements, as they may
be amended from time to time during the term of this contract, with a specific
emphasis on rules of behavior.
(j) The Contractor shall afford
the Government access to the Contractor’s and subcontractors’ facilities,
installations, operations, documentation, databases and personnel used in
performance of the contract. Access shall be provided to the extent required to
carry out a program of IT inspection (to include vulnerability testing),
investigation and audit to safeguard against threats and hazards to the
integrity, availability and confidentiality of DOT data or to the function of
information technology systems operated on behalf of DOT, and to preserve
evidence of computer crime.
(k) The Contractor shall
incorporate the substance of this clause in all subcontracts that meet the
conditions in paragraph (a) of this clause.
(l) The contractor shall
immediately notify the contracting officer when an employee terminates
employment that has access to DOT information systems or data.
(End of clause)
1252.239-71
Information technology security plan and accreditation.
As prescribed in (TAR) 48 CFR
1239.70, insert the following provision:
INFORMATION TECHNOLOGY SECURITY
PLAN AND ACCREDITATION
(APR 2005)
All offers submitted in response
to this solicitation must address the approach for completing the security plan
and accreditation requirements in TAR clause 1252.239-70.
(End of
provision)
1252.242-70 Dissemination of information - educational
institutions.
As prescribed in (TAR) 48 CFR 1242.7000(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 1242.7000(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, in advance, 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 1242.7000(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(d), 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)
TAR PROVISION AND
CLAUSE MATRIX
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