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(End of clause)

(52 FR 44557, Nov. 19, 1987, as amended at 53 FR 28402, July 28, 1988; 53 FR 31007, Aug. 17, 1988)

1252.222-76 (Reserved)

1252.222-77 Fair Labor Standards Act and

Service Contract Act-Price adjust

ment (multiyear and option contracts). As prescribed in 1222.7002(b), insert the following clause in solicitations and contracts:

(e) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant supporting data that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price or contract unit price labor rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(f) The Contracting Officer or an authorized representative shall, until the expiration of 3 years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor.

(End of clause)

1252.222-78 Fair Labor Standards Act and

Service Contract Act-price adjust

ment. As prescribed in 1222.7002-2(b), insert the following clause in solicitations and contracts:

FAIR LABOR STANDARDS ACT AND SERVICE CON

TRACT ACT-PRICE ADJUSTMENT (JAN 1985)

FAIR LABOR STANDARDS ACT AND SERVICE CON

TRACT ACT-PRICE ADJUSTMENT (MUL-
TIYEAR AND OPTION CONTRACTS) (JAN

1985) (a) The Contractor warrants that the prices in this contract do not include any allowance for any contigency to cover increased costs for which adjustment is provided under this clause.

(b) The minimum prevailing wage determination, including fringe benefits, issued under the Service Contract Act of 1965 (41 U.S.C. 351 through 358), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current at the beginning of each renewal option period, shall apply to any renewal of this contract. When no such determination has been made applicable to this contract, then the current Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) shall apply to any renewal of this contract.

(c) The contract price or contract unit price labor rates will be adjusted to reflect increases or decreases by the Contractor in wages or fringe benefits of employees working on this contract to comply with

(1) The Department of Labor determination of minimum prevailing wages and fringe benefits applicable at the beginning of the renewal option period;

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(d) Any such adjustment will be limited to increases or decreases in wages or fringe benefits as described in paragraph (c) of this clause, and to the concomitant increases or decreases in social security and unemployment taxes and worker's compensation insurance; it shall not otherwise include any amount for general and administrative costs, overhead, or profits.

(a) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(b) The contract price or contract unit price labor rates will be adjusted to reflect increases or decreases by the Contractor in wages or fringe benefits of employees working on this contract to comply with

(1) An increased or decreased wage determination applied to this contract by operation of law; or

(2) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(c) Any such adjustment will be limited to increases or decreases in wages or fringe benefits as described in paragraph (b) of this clause, and to the concomitant increases or decreases in social security and unemployment taxes and workers' compensation insurance; it shall not otherwise in

clude any amount for general and administrative costs, overhead, or profits.

(d) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant supporting data that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price or contract unit price labor rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(e) The Contracting Officer or an authorized representative shall, until the expiration of 3 years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor.

(End of clause)

became entitled to vacation benefits, the most recent of such anniversary dates. Thus, the Contractor is liable for such employee's full vacation benefit on such anniversary date even though during part of the “year of service" the employee had been employed by the predecessor contractor.

(b) When Predecessor Contractor Not Involved. This paragraph (b) applies if the contract wage determination does not refer to a "successor” contractor, but contains a provision such as “1 week paid vacation after 1 year of service with an employer.” The term "an employer" in such provision means the Contractor on this contract. The Contractor in computing a service employee's “year of service” shall include all continuous service performed by the employee subsequent to the later of the following dates: (1) The date of employment by the Contractor, or (2) the employee's most recent anniversary date for which a paid vacation was granted.

(c) Part-time Employees. If the contract wage determination contains either type of provision quoted in paragraph (a) or (b) of this clause, part-time service employees working a regularly scheduled work week shall receive a paid vacation on a pro-rata basis. For example, an employee who has worked for the Contractor two days per week for a year (or, without a break in service, for the Contractor and a predecessor contractor where the wage determination contains language like that quoted in paragraph (a) of this clause) shall be entitled to two days paid vacation or two-fifths of the vacation benefits to which full-time employees are entitled.

(d) Break in Service. For purposes of this provision, the term “break in service" does not include an employee's change in employment status from an employee of a predecessor contractor to an employee of the Contractor.

(End of clause)

1252.222-79 Service Contract Act require

ments as to vacation pay. As prescribed in 1222.7002(b), insert the following clause in solicitations and contracts: SERVICE CONTRACT ACT REQUIREMENTS AS TO

VACATION PAY (JAN 1985) (a) Employee Credit for Service with a Predecessor Contractor. This paragraph (a) applies if the contract wage determination contains a provision referring to a "successor" contractor, as, e.g., "1 week paid vacation after 1 year of service with a contractor or successor.” “Successor" as used in such provision means the Contractor on this contract when the Contractor employs, without a break in service, a service employee formerly employed by the immediately preceding contractor under a similar Government contract at the same location ("predecessor contractor"). Consequently, if the Contractor employs without a break in service, any service employee who was employed by its predecessor contractor for similar work at the same location, the Contractor in computing the employee's "year of service" shall include all continuous service for the predecessor contractor subsequent to the later of the following dates: (1) The date of employment by the predecessor contractor; or (2) if, while employed by the predecessor contractor, the employee had an anniversary date or dates on which the employee

1252.223-70 (Reserved)

1252.223-71 Accident and fire reporting.

As prescribed in 1223.7001(a) insert the following clause in solicitations and contracts:

ACCIDENT AND FIRE REPORTING (APR 1984)

(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 work. day on the part of any employee of the Contractor or any subcontractor at any tier;

(2) Damage of $1,000 or more to Federal property either real or personal;

(3) Damage to Contractor or subcontractor owned or leased motor vehicles or mobile equipment;

(4) Damage for which a contract time extension may be requested.

(b) Accident and fire reports required by paragraph (a) of this clause, 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 authorized representative and shall be confirmed by telegram within 24 hours to the Contracting Officer. Such telegram 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 clause, 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 1223.7001(b) insert the following clause in solicitations and contracts:

PROTECTION OF HUMAN SUBJECTS (Nov 1987)

The contractor shall comply with the NHTSA principles and procedures (in accordance with NHTSA Orders 700-1, 700-3, and 700-4) for the protection of human subjects participating in activities supported directly or indirectly by grants or contracts from NHTSA. In fulfillment of its assurance:

A committee competent to review projects and activities that involve human subjects shall be established and maintained by the contractor.

The committee shall be assigned responsibility to determine for each activity planned and conducted that:

The rights and welfare of subjects are adequately protected.

The risks to subjects are outweighed by potential benefits.

The informed consent of subjects shall be obtained by methods that are adequate and appropriate.

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 reviews of projects or activities in which they have an active role or a conflict of interest.

Continuing constructive communication between the committee and the project directors must be maintained as a means of safeguarding the rights and welfare of subjects.

Facilities and professional attention required for subjects who may suffer physical, psychological, or other injury as a result of participation in an activity shall be provided.

The committee shall maintain records of committee reviews 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 reviews that adversely affect the rights or welfare of the individual subjects. Such materials shall be made available to NHTSA upon request. The retention period for such records and materials shall be as specified at FAR 4.703.

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)

1252.228–70 (Reserved)

1252.228–71 Loss of or damage to leased

aircraft. As prescribed in 1228.306-70-1 (a) and (b) insert the following clause in solicitations and contracts:

LOSS OF OR DAMAGE TO LEASED AIRCRAFT (APR

1984)

(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 RISK AND INDEMNITIES (APR 1984)
reasonable cost of repair of the aircraft.
(c) In the event the aircraft is lost or dam-

The Contractor hereby agrees to indemniaged beyond repair, the Government shall

fy and hold harmless the Government, its pay the Contractor the sum equal to the

officers and employees from and against all fair market value of the aircraft at the time

claims, demands, damages, liabilities, losses, of such loss or damage, which value may be

suits and judgments (including all costs and specifically agreed to in the clause "Fair

expenses incident thereto) which may be Market Value of Aircraft", less the salvage

suffered by, accrue against, be charged to or value of the aircraft. However, the Govern

recoverable from the Government, its offiment may retain the damaged aircraft or

cers and employees by reason of injury to or dispose of it as it wishes. In that event, the

death of any person other than officers, Contractor will be paid the fair market

agents, or employees of the Government or value of the aircraft as stated in the clause.

by reason of damage to property of others (d) The Contractor certifies that the con

of whatsoever kind (other than the propertract price does not include any cost attrib

ty of the Government, its officers, agents or utable to hull insurance or to any reserve

employees) arising out of the operation of fund it has established to protect its inter

the aircraft. In the event the Contractor est in the aircraft. If, in the event of loss or holds or obtains insurance in support of this damage to the leased aircraft, the Contrac covenant, a Certificate of Insurance shall be tor receives compensation for such loss or delivered to the Contracting Officer. damage in any form from any source, the amount of such compensation shall be: (1)

(End of clause) Credited to the Government in determining the amount of the Government's liability;

1252.235–70 (Reserved) or (2) for an increment of value of the air. craft beyond the value for which the Gov

1252.235–71 Recoupment of development ernment is responsible.

costs. (e) In the event of loss of or damage to As prescribed in 1235.070 insert the the aircraft, the Government shall be subro

following clause in solicitations and gated to all rights of recovery by the Con

contracts: tractor against third parties for such loss or damage and the Contractor shall promptly

RECOUPMENT OF DEVELOPMENT COSTS (APR assign such rights in writing to the Govern

1984) ment.

(a) As may be determined by the contract(End of clause)

ing officer to be fair, reasonable and equita

ble, the contractor shall pay to the Govern1252.228–72 Fair market value of aircraft. ment up to five percent (5%) of sums here.

As prescribed in 1228.306-70-1(c) after received by or credited to the Contracinsert the following clause in solicita

tor or its privies (including subcontractors) tion and contracts.

on sales or leases (exclusive of sales or

leases to the U.S. Government, either diFAIR MARKET VALUE OF AIRCRAFT (APR 1984)

rectly or indirectly through Government

prime contractors or subcontractors) of any For purposes of the clause entitled “Loss

product which is substantially the same in of or Damage to Leased Aircraft", it is

design as, or which is directly derived from, agreed that the fair market value of the air

that developed by the Contractor or any of craft to be used in the performance of this

its subcontractors in the performance of contract shall be the lesser of the two

this contract. values set out in paragraphs (a) and (b) of

(b) In selling or leasing the product identithis clause:

fied in paragraph (a) of this clause, to the (a) $

Government, either directly or indirectly (b) If the contractor has insured the same

through Government prime Contractors or aircraft against loss or destruction in con

subcontractors, the Contractor or its privies nection with other operations, the amount

(including subcontractors) shall notify the of such insurance coverage on the date of

purchaser or lessee in writing that the prodthe loss or damage for which the Govern

uct was developed under a Department of ment may be responsible under this con

Transportation contract containing a Retract.

coupment of Development Costs clause and (End of clause)

that the purchase or lease price of such

product is less than the price of such prod1252.228-73 Risk and indemnities.

uct when sold or leased to other than the

Government by an amount no less than the As prescribed in 1228.306-70-1(d)

Government's share under the Recoupment insert the following clause in solicita- of Development Costs clause. A copy of tions and contracts:

each such notice shall be sent to the Con

or

(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 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 materials 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 night. 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. Flagmen 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 as established by the 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.

tracting Officer. In the event the product is sold or leased to the Government, the amount by which the sales or lease price was reduced by virtue of this clause shall be credited to the amount recoverable under this clause.

(c) As may be determined by the Contracting Officer to be fair, reasonable and equitable, the Contractor shall also pay to the Government up to 33 percent of all sums hereafter received by, or credited to, the Contractor or its privies (including subcontractors) as payments under technical agreements permitting others (1) to sell, lease, or manufacture the product identified in paragraph (a) of this clause, and (2) to use any process which is substantially the same as, or which is directly derived from, that developed by the Contractor or any of its subcontractors in the performance of this contract.

(d) Recoupment by the Government under this cluase shall be limited to amounts paid and credited to the Contractor under this contract. Payments to the Government under this clause shall not be so high as to destroy the Contractor's competitive position for the product involved, provided that the product is otherwise reasonably priced and efficiently and economically produced.

(e) The Contractor shall report to the Government all sales, leases, licensing agreements, royalties and receipts which might reasonably be considered to be subject to this clause; and the Contractor shall promptly render accurate, certified accounts thereon to the Government at reasonable intervals.

(End of clause)

1252.236–70 [Reserved)

1252.236-71 Special precautions for work

at operating airports. As prescribed in 1236.570 insert the following clause in solicitations and contracts:

SPECIAL PRECAUTIONS FOR WORK AT

OPERATING AIRPORTS (APR 1984) (a) When work is to be performed at an operating airport, the Contractor must arrange its work schedule so as not to intefere 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.

(End of clause)

1252.237-70 (Reserved)

1252.237-71 Qualifications of employees.

As prescribed in 1237.110 insert the following clause in solicitations and contracts:

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