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.

(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. (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:

QUALIFICATIONS OF EMPLOYEES (APR 1984)

The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/ she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor shall fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor's employees shall be fingerprinted. Each employee of the contractor shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

(End of clause)

1252.242-70 Dissemination of information-educational institutions.

As prescribed in 1242.203-70(c), the following clause may be used in research contracts with educational institutions in lieu of the clause 1252.242-72.

DISSEMINATION OF INFORMATION—
EDUCATIONAL INSTITUTIONS (JAN 1985)

The Department 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 as 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. Any copy of material published under this clause must contain acknowledgment of the Department of Transportation'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 the Department of Transportation. 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. 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. 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 all findings and results of research, as set forth in the schedule of this contract.

(End of clause)

1252.242-71 Contractor testimony.

As prescribed in 1242.203-70(a) insert the following clause in solicitations and contracts:

CONTRACTOR TESTIMONY (APR 1984)

All requests for the testimony of the contractor or its employees, and any intention to testify as an expert witness relating to: (1) Any work required by, and/or performed under, this contract; or (2) any information provided by any party to assist the contractor in the performance of this contract, shall be immediately reported to the contracting officer. Neither the contractor nor its employees shall testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the contracting officer or required by a judge in a final court order.

(End of clause)

1252.242-72 Dissemination of contract information.

As prescribed in 1242.203-70(b) insert the following clause in solicitations and contracts:

DISSEMINATION OF CONTRACT INFORMATION (APR 1984)

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)

1252.245-70 Government property reports. Insert the following clause in Section H of all solicitations and contracts

when Government property is provided to a contractor.

GOVERNMENT PROPERTY REPORTS (Aug 1988)

(a) The Contractor shall prepare a report as of July 31 each year listing all Government property (under the purview of this contract) in its possession and in the possession of all subcontractors during the previous 12 months. The report shall be prepared in the format outlined in Transportation Acquisition Regulation (TAR) 1245.50514(b)(2). The contractor shall submit the report to the Contracting officer no later than September 15 of each year.

(b) The report shall include the following types of property:

(1) Capitalized Equipment, as defined at TAR 1245.

(2) Real property, as defined at FAR 45.101.

(3) Material maintained in stock, when the value is $50,000 or more.

(c) The report may include property from the following categories when so stipulated by the Contracting Officer in solicitations and contracts:

(1) Noncapitalized equipment, as defined at TAR 1245.

(2) Material maintained in stock, when its value is less than $50,000.

(End of clause)

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

PART 1253-FORMS

Sec.

1253.000 Scope of part.

Subpart 1253.1-General

1253.103 Exceptions.

1253.107 Obtaining forms.

Subpart 1253.2—Prescription of Forms

1253.200 Scope of subpart. 1253.204 Administrative matters. 1253.204-2 Contract reporting (DOT F. 4220.11).

1253.204-70 Procurement request forms (DOT F. 4200.1 and 4200.2).

1253.213 Small purchase and other simplified purchase procedures.

1253.213-70 Small purchase summary (DOT F. 4230.1).

1253.215 Contracting by negotiation. 1253.215-70 Price negotiation (DOT F. 4220.21; DOT F. 4220.32; and DD 1861). 1253.219 Small business and labor surplus area set-asides.

agenda and checklist (DOT F. 4220.3). 1253.242 Contract administration (FAA Form 4450-2 and DD Form 375). 1253.242-70 Contract close-out (DOT F. 4220.4, 4220.5 and 4220.6).

1253.246 Quality assurance.

1253.246-70 Inspection report of materials and/or services (FAA Form 256).

Subpart 1253.3—Illustrations of Forms 1253.300 Scope of subpart. 1253.370 Agency forms.

AUTHORITY: Sec. 205(C) Federal Property and Administrative Services Act, as amended (40 U.S.C. 486(c)). 48 CFR 1.301; 49 CFR 1.59.

SOURCE: 52 FR 44574, Nov. 19, 1987, unless otherwise noted.

EDITORIAL NOTE: Forms referenced in Part 1253 do not appear in the Code of Federal Regulations.

1253.000 Scope of part.

This part (a) prescribes Department of Transportation (DOT) forms for use in acquisition of supplies and services, including construction and (b) contains procedures for exceptions to forms prescribed in FAR Part 53 or this Part 1253.

Subpart 1253.1-General

1253.103 Exceptions.

(a) Requests for exceptions to standard forms in FAR Part 53 shall be submitted, as prescribed in FAR 53.103, to the Senior Procurement Executive for further action.

30-185 0-90-24

(b) Requests for exceptions to DOT forms in Part 1253 shall be handled as deviations (see 1201.4).

(c) Computer-generated DOT forms are permissable provided that these forms are duplicted in their entirety.

1253.107 Obtaining forms.

(a) Copies of the DOT forms are available from the Chief, Procurement Management Division, Office of the Secretary, 400 7th Street SW., Washington, DC 20590.

(b) Requests for any Department of Labor forms or publications required for compliance with the following FAR subparts should be addressed to the offices indicated below.

(1) Subparts 22.2, 22.3, 22.4, 22.6, and 22.10

Administrator, Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210.

(2) Subparts 22.8, 22.9, 22.13, and 22.14

Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Washington, DC 20210.

Subpart 1253.2-Prescription of Forms

1253.200 Scope of subpart.

Consistent with the approach used in FAR Subpart 53.2, this subpart is arranged by subject matter, in the same order as, and keyed to, the parts of the TAR in which the form usage requirements are addressed.

1253.204 Administrative matters.

1253.204-2 Contract reporting (DOT F.4220.11).

The DOT Form F.4220.11, prescribed in DOT Order 1340.5C, Contract Information System, shall be used to provide acquisition records and statistics in lieu of the SF279, Individual Contract Action Report (over $10,000). A copy of each Data Input Form shall be retained in the individual contract file.

1253.204-70 Procurement request forms (DOT F.4200.1 and 4200.2).

Procurement request forms DOT F.4200.1 and DOT F.4200.2 (Continuation sheet) shall be used to request

F.4220.21; DOT F.4220.32; and DD 1861).

(a) ADP equipment and services. As prescribed in 1215.407(c), the form DOT F.4220.21 may be included in RFPs and required to be completed by offerors in addition to SF 1411 and other supporting documents.

(b) Weighted guidelines profit/fee objective. The following forms shall be used to compute profit or fee for actions covered under 1215.905-70 and FAR 15.9:

(1) DOT F.4220.32 Weighted Guidelines Profit/Fee Objective.

(2) DD 1861 Contract Facilities Capital and Cost of Money.

[52 FR 44574, Nov. 19, 1987, as amended at 53 FR 28402, July 28, 1988]

contractor employees working at the construction site. Section 5.6(a)(3) of the Labor Department regulations (29 CFR) requires Federal agencies to make such investigations as are deemed necessary to ensure compliance with the labor standards provisions contained in the contract. These investigations include interviews with employees to ascertain whether laborers and mechanics are being or have been properly classified and paid.

[52 FR 44574, Nov. 19, 1987, as amended at 53 FR 28402, July 28, 1988]

1253.222-71 Employee claim for wage restitution (DOT F.4220.7).

The DOT Form F.4220.7 shall be used by contractor employees to file claim for unpaid wages when contract funds have been transferred to the General Accounting Office to cover such underpayment. (Even though contract funds have been transferred to GAO to cover the underpayment, GAO requires that a claim be submitted before it will make payment directly to the employee.)

1253.222-72 Labor standards investigation summary sheet (DD Form 1568).

The DD Form 1568 shall be used as the first page of reports on special labor standards investigations to summarize the findings of the ivestigation.

1253.222-73 Summary of underpayments (DOT F.4220.8).

The DOT Form F. 4220.8 shall be used to summarize the findings of wage underpayment and liquidated damages and shall be included in the investigation report when a special labor standards investigation is made. 1253.222-74 Establishment of additional wage rates. (DOT F.4220.10 and FHWA1140).

(a) Except as provided in paragraph (b) of this section, DOT Form F.4220.10 shall be used by the contractor to obtain the contracting officer's approval or disapproval of the contractor's proposed classification and wage rate for any category of laborers or mechanics not listed in the contract wage determination but needed in performance of the contract work. Proce