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(e) In the event of loss or damage, the Government shall be subrogated to all rights of recovery by the Contractor against third parties for such loss or damage and such rights shall be immediately assigned to the Government. Except as the Contracting Officer may permit in writing, the Contractor shall neither release nor discharge any third party from liability for such loss or damage nor otherwise compromise or adversely affect the Government's subrogation or other rights hereunder. The Contractor shall cooperate with the Government in any suit or action undertaken by the Government against any such third party.

(f) Any failure to agree as to the responsibility of the Government or the Contractor under this clause shall, after a final finding and determination by the Contracting Officer, be considered a dispute within the meaning of the "Disputes" clause of this contract.

(End of clause)

1452.233-2 Service of Protest.

(a) As prescribed in 1433.106, the provision at FAR 52.233-2, Service of Protest, shall be modified before insertion into solicitations by

(1) Changing the title of the provision to read "SERVICE OF PROTEST (JAN 1985) (DEVIATION)"; and

(2) Adding the following sentence to the end of the provision:

A copy of the protest served on the contracting officer shall be simultaneously furnished by the protester to the Assistant Solicitor for Procurement and Patents, Office of the Solicitor, Room 6511, U.S. Department of the Interior, 18th and C Streets, NW., Washington, DC 20240.

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PROHIBITION AGAINST USE OF LEAD-BASED PAINT-DEPARTMENT OF THE INTERIOR (APR 1984)

No lead-based paint containing more than .5 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of paint, or the equivalent measure of lead in the dried film of paint already applied, or both, or with respect to paint manufactured after June 23, 1977, no lead-based paint containing more than .06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both, shall be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

(End of clause)

1452.237-70 Information Collection.

As prescribed in 1437.7103, insert the following clause in solicitations and contracts where collection of information upon identical items from ten or more public respondents is required or may be required:

INFORMATION COLLECTION-DEPARTMENT OF THE INTERIOR (APR 1984)

If performance of this contract requires the contractor to collect information upon identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

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Sec.

1453.219-71 Sample Subcontracting Plan Outline.

1453.219-72 Performance Evaluation (8(a)) (DI-1919).

1453.219-73 Subcontracting plan review. 1453.232 Contract financing.

1453.233-70 Assignment of claims (DI's 83, 84).

Subpart 1453.3-Illustrations of Forms

1453.300 Scope of subpart.

1453.303 Agency forms.

1453.303-DI-83 Department of the Interior, Form DI-83, Notice of Assignment. 1453.303-DI-84 Department of the Interior, Form DI-84, Instrument of Assignment. 1453.303-DI-137 Department of the Interior, Form DI-137, Release of Claims. 1453.303-DI-1919 Department of the Interior, Form DI-1919, Performance Evaluation 8(a)).

1453.303-DI-1920 Department of the Inte

rior, Form DI-1920, Structured Approach for Profit/Fee Objective. 1453.303-70 Sample subcontracting plan outline format.

1453.303-71 Format for review of contractor's subcontracting program.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), and 5 U.S.C. 301.

SOURCE: 49 FR 14272, Apr. 10, 1984, unless otherwise noted.

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1453.219-73 Subcontracting plan review.

The format shown in 1453.303-71 shall be used in documenting the results of the management review required in 1419.705-6.

[51 FR 41966, Nov. 20, 1986] 1453.232 Contract financing.

1453.232-70 Assignment of claims (DI's 83, 84).

The following forms are prescribed for use in connection with making a written notice of assignment as specified in FAR Subpart 32.8 and Subpart 1432.8:

(a) DI-83 (1/72), Notice of Assignment. (See 1432.805.)

(b) DI-84 (1/72), Instrument of Assignment. (See 1432.805.)

Subpart 1453.3-Illustrations of Forms

1453.300 Scope of subpart.

This subpart contains illustrations of Department of the Interior (DI) forms used in acquisition as prescribed by the DIAR.

1453.303 Agency forms.

This section illustrates Department of the Interior (DI) forms specified by the DIAR for use in acquisition. The forms are illustrated in numerical order. The subsection numbers correspond with the DI numbers.

1453.303-DI-83 Department of the Interior, Form DI-83, Notice of Assignment.

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PLEASE TAKE NOTICE that moneys due or to become due under the contract described above have been assigned to
the undersigned pursuant to the provisions of the Assignment of Claims Act of 1940, as amended, 54 Stat. 1029;
65 Stat. 41 (31 U.S.C. 203, 41 U.S.C. 15). A true copy of the instrument of assignment executed by the contractor
on (date)
is attached to the original hereof.

Payments due or to become due under such contract shall be made to the undersigned assignee.
Please complete and return all copies of this Notice as indicated on the reverse hereof.

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Receipt is hereby acknowledged of the above Notice and a copy of the instrument of assignment. These were received

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30-185 0-90-27

(Signature of Surety Officer)

INSTRUCTIONS

Under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), moneys due or to become due from the United States under a contract providing for payments aggregating $1,000 or more may be assigned to a bank, trust company, Federal lending agency, or other recognized financing institution in the absence of a contract provision forbidding assignment. Unless otherwise permitted by the contract: (1) an assignment must cover all further amounts payable under the contract; (2) shall not be subject to further assignment, and (3) shall not be made to more than one party, except that assignment may be made to one party acting as agent or trustee for two or more parties participating in the financing. The assignee is required to provide a notice of assignment to the Contracting Officer; to the surety, if there is one; and to the disbursing officer, if any, designated in the contract to make payments.

In order to avoid possible invalidity of ar assignment, and to provide a notice of assignment to all parties concerned, the following instructions should be followed carefully:

1. Assignee:

(a) Send an original and two copies of this Notice of Assignment (DI-83), together with one true copy* of an instrument of assignment **, to the Contracting Officer.

(b) Send by certified mail, return receipt requested, another original and three copies of this Notice of Assignment, together with one true copy* of the instrument of assignment, to the surety--if bond(s) were provided by a surety under the contract. (See Instruction 4 below for additional required action by assignee.)

2. Contracting Officer:

(a) Acknowledge receipt of this Notice of Assignment on the original and all copies.

(b) Forward one acknowledged copy of this Notice of Assignment plus the true copy of the instrument of assignment to the appropriate finance officer.

(c) Return one acknowledged copy of this Notice of Assignment to the assignee.

(d) Retain the original Notice of Assignment.

3. Surety:

(a) Acknowledge receipt of this Notice of Assignment on the original and all copies.

(b) Return three acknowledged copies of this Notice of Assignment to the assignee.

(c) Retain the original Notice of Assignment and the true copy of the instrument of assignment.

4. Assignee:

(a) Retain one copy of this Notice of Assignment acknowledged by the surety.

(b) Forward two copies of this Notice of Assignment acknowledged by the surety, to the Contracting Officer. If the surety has refused to acknowledge receipt of this Notice of Assignment, the assignee must prepare an affidavit to that effect, attach the postal return receipt which covered the mailing of this Notice of Assignment to the surety, and forward them to the Contracting Officer.

5. Contracting Officer:

(a) Retain either the affidavit and postal receipt from the assignee or one of the copies of this Notice of Assignment acknowledged by the surety.

(b) Forward a copy of the affidavit, or the copy of this Notice of Assignment acknowledged by the surety to the appropriate finance officer.

A true copy of an instrument of assignment may be a
(a) complete machine copy of the original;
(b) complete duplicate copy of the original; or
(c) certified copy of the original, typewritten or

otherwise, if it is accurate and complete in all
respects and is accompanied by a certificate,
executed by a Notary Public or other officer
legally authorized to administer oaths. to
the effect that it is a true copy.

** DI-84_completed, may be used as the instrument of
assignment.

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