« PreviousContinue »
owned economic enterprise; and (v) a closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If after soliciting bids from Indian organizations and Indian-owned economic enterprises, no responsive bid is received, the Contractor shall comply with the requirements of paragraph (d) of the "Indian Preference" clause of this contract. If one or more responsive bids are received, award shall be made to the low responsible bidder if the bid price is determined to be reasonable. If the low responsive bid is determined to be unreason able as to price, the Contractor shall at. tempt to negotiate a reasonable price and award a subcontract. If a reasonable price cannot be agreed upon, the Contractor shall comply with the requirements of paragraph (d) of the "Indian Preference" clause of this contract.
(5) Maintain written records under this contract which indicate: (i) The names and addresses of all Indians seeking employment for each employment position available under this contract; (ii) the number and types of positions filled by (A) Indians and (B) non-Indians, and the name, address and position of each Indian employed under this contract; (iii) for those positions where there are both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Indian applicant was not selected: (iv) actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract; (v) reasons why preference was not given to Indian firms as subcontractors or suppliers for each require. ment where it was determined by the Contractor that such preference would not be consistent with the efficient performance of the contract, and (vi) the names and addresses of all Indian organizations and Indian-owned economic enterprises (A) contacted, and (B) receiving subcontract awards under this contract.
(6) The Contractor shall submit to the Contracting Officer for approval a quarterly report which summarizes the Contractor's Indian preference program and indicates (1) the number and types of available positions filled and dollar amounts of all subcontracts awarded to (a) Indian organizations and Indian-owned economic enterprises and (b) all other firms.
(7) Records maintained pursuant to this clause will be kept available for review by the Government until expiration of one (1) year after final payment under this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulation.
(b) For purposes of this clause, the following definitions of terms shall apply:
(1) The terms “Indian,” "Indian Tribe," "Indian Organization," and "Indian-owned economic enterprise" are defined in the clause of this contract entitled "Indian Pref. erence."
(2) "Indian reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlen Alaska Native Claims Settlement Act, (85 Stat. 688; 43 U.S.C. 1601 et seq.).
(3) “On or near an Indian Reservation" means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking em. ployment could reasonably be expected to commute to and from in the course of a work day.
(c) Nothing in the requirements of this clause shall be interpreted to preclude Indian Tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not hinder the Government's right to award contracts and to administer their provisions.
(d) The Contractor agrees to include the provisions of this clause including this paragraph (d) in each subcontract awarded under this contract and to notify the Contracting Officer of such subcontracts.
(e) In the event of noncompliance with this clause, the Contractor's right to proceed may be terminated in whole or in part by the Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interest of the Government. (5 U.S.C. 301) [44 FR 62514, Oct. 31, 1979)
PART 14-9–PATENTS, DATA, AND
Sec. 14-9.107 Patent rights under contracts for
research and development. 14-9.107-3 Policy.
AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301.
SOURCE: 46 FR 61469, Dec. 17, 1981, unless otherwise noted.
§ 14-9.107 Patent rights under contracts
for research and development. & 14–9.107-3 Policy.
It is the policy of the Department of the Interior to adopt, without modification, the provisions of OMB Bulletin No. 81-22 dated June 30, 1981, and any further implementation of Pub. L. 96517 under FPR Subpart 1-9.1.
PART 14-10—BONDS AND
Subpart 14-10.4—Insurance Under Fixed-Price
'These amounts to be set by the contracting officer.
(b) Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify the Contracting Officer 30 days prior to the effective date of any cancellation or termination of the policy or certificate or any modification of the policy or certificate which adversely affects the interest of the Government in such insurance. The notice shall be sent by registered mail and shall identify this contract, the name and address of the contracting office, the policy and the insured.
(c) Prior to the commencement of work hereunder the Contractor shall furnish the Contracting Officer with acceptable evidence showing that the insurance coverage described in this clause has been obtained. (35 FR 290, Jan. 8, 1970, as amended at 41 FR 8972, Mar. 2, 1976. Redesignated and amended at 46 FR 61469, Dec. 17, 1981)
Sec. 14-10.401 Policy. 14-10.401-50 Insurance requirements for
aircraft services contracts. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), unless otherwise noted.
Subpart 14-10.4—Insurance Under
8 14-10.401 Policy.
(a) It is the policy of the Department to insure its own risks only when such action is in the best interest of the Government. Circumstances where insurance may be required are listed under FPR 1-10.301 and 110.401. In these situations, the clause set forth in paragraph (b) of this section shall be used.
(b) The following clause may be used in the instances described above:
INDEMNIFICATION (a) The Contractor shall indemnify and hold the Government harmless for any and all losses, damages, or liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made, arising out of the activities of the Contractor, his employees, subcontractors, or agents under the contract. For the purpose of fulfilling his obligations under this paragraph, the Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured
8 14-10.401-50 Insurance requirements for
aircraft services contracts. (a) Policy. It is the policy of the Department to establish minimum insurance requirements for certain types of aircraft services contracts in order to protect the Government and its contractors. These requirements are contained in the clauses set forth under (c) below and are in accordance with FPR 1-10.301.
(b) Applicability. The clauses prescribed by this section are applicable to all contracts involving use of aircraft with contractor or Governmentfurnished pilot except for one-time charters when the Government exposure is minimal and time limitations are present.
(c) Clauses. (1) The following clause shall be inserted in all contracts for operation of aircraft with contractorfurnished pilot:
RISK AND INDEMNITIES 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 proper ty of the Government, its officers, agents or employees) arising out of the operation of the aircraft. In the event the Contractor holds or obtains insurance in support of this covenant, a Certificate of Insurance shall be delivered to the Contracting Officer.
in the policy, or $10,000.00, whichever is less.
(2) Not In-Motion Accidents—Up to $250.00 per accident. Such reimbursement shall not be made, however, for loss or damage to the aircraft resulting from (1) normal wear and tear, (2) negligence or fault in maintenance of the aircraft by the Contractor, or (3) a defect in construction of the aircraft or component thereof.
(e) If damage to the aircraft is established to be the fault of the Government, rental payments to the Contractor during the repair period will be made as set forth elsewhere in this contract. The Government may, at its option, make necessary repairs or return the aircraft to the Contractor for repair. In the event the aircraft is lost, destroyed, or damaged so extensively as to be beyond repair, no rental payment will be made to the Contractor thereafter.
(f) Any failure to agree as to the responsiblity 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) (3) For contracts involving the use of aircraft with Government-furnished pilot where the Government has a property interest (e.g., lease with purchase option) insert the following clause:
(End of Clause) (2) For contracts involving the use of aircraft with Government-furnished pilot where the Government does not have a property interest, insert the following clause:
LIABILITY FOR LOSS OR DAMAGE (a) The Contractor shall indemnify and hold the Government harmless from any and all loss or damage to the aircraft furnished under this contract except as provided in paragraph (d) below. For the purpose of fulfilling its obligation under this clause, the Contractor shall procure and maintain during the term of this contract, and any extension thereof, hull insurance acceptable to the Contracting Officer. The Contractor's insurance coverage shall apply to pilots furnished by the Government who operate the aircraft. The contractor may request a list of Government pilots by name and qualification who are potential pilots.
(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a copy of the insurance policy or policies or a certificate of insurance issued by the underwriter(s) showing that the coverage required by this clause has been obtained.
(c) Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify the Contracting Officer 30 days prior to the effective date of any cancella. tion or termination of any policy or certificate or any modification of a policy or certificate which adversely affects the interests of the Government in such insurance. The notice shall be sent by registered mail and shall identify this contract, the name and address of the contracting office, the policy, and the insured.
(d) If the aircraft is damaged or destroyed while in the custody and control of the Government, the Government will reimburse the Contractor for the deductible stipulated in the insurance coverage (if any) as follows:
(1) In-Motion Accidents-Up to 5% of the current insured value of the aircraft stated
LIABILITY FOR LOSS OR DAMAGE (PROPERTY
INTEREST) (a) The Government assumes all risk and liability for damage to or loss of the aircraft for the term of this contract, while the aircraft is in the Government's possession, except for (1) normal wear and tear to the aircraft, or (2) loss which occurs as a result of negligence or fault in maintenance of the aircraft by the contractor, or (3) loss result. ing from a latent defect in the construction of the aircraft or a component thereof.
(b) In the event of damage to the aircraft, the Government may, at its option, make the necessary repairs with its own facilities, or by contract, or pay the Contractor the reasonable cost of repair of the aircraft. If damage to the aircraft is established to be the fault of the Government, rental pay. ments to the Contractor during the repair period will be made as set forth elsewhere in this contract.
(c) In the event the aircraft is lost, destroyed, or damaged so extensively as to be beyond repair, no rental payment will be made to the Contractor thereafter, but the Government will pay to the Contractor a sum equal to the fair market value of the
(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) (41 FR 8975. Mar. 2. 1976: 41 FR 11174. Mar. 17, 1976)
PART 14-16-PROCUREMENT FORMS
Subpart 14-16.7-Forms for Negotiated
Sec. 14-16.703 Terms, conditions and provisions.
Subpart 14-16.8—Miscellaneous Forms 14-16.850 Department of the Interior
Subpart 14-16.7—Forms for Negotiat
ed Architect-Engineer Contracts
aircraft just prior to such loss, destruction, or extensive damage, less the salvage value of the aircraft.
(d) The Contractor certifies that the contract price does not include any cost attributable to insurance or to any reserved fund it has established to protect its interests in or use of the aircraft, regardless of whether or not the insurance coverage applies for the period during which the Government has possession of the aircraft. If, in the event of loss or damage to the aircraft, the Contractor receives compensation for such loss or damage, in any form, from any source, the amount of such compensation shall be credited to the Government in determining the amount of the Government's liability under this clause; except that this shall not apply to proceeds of insurance received solely as an advance of insurance pending determination of Government liability, or for an increment of value of the aircraft beyond the value for which the Government is responsible.
(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 Office, be considered a dispute within the meaning of the “Disputes" clause of this contract.
(End of Clause)
8 14-16.703 Terms, conditions and provi.
sions All contracts for architect-engineer services shall contain the “Key Personnel” clause prescribed under FPR § 1-7.304-6. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301) [46 FR 61471, Dec. 17, 1981)
[46 FR 61470, Dec. 17, 1981)
PART 14-11-FEDERAL, STATE, AND
8 14-16.850 Department of the Interior
forms. The following Department of the Interior forms will be used as indicated, and are stocked as a supply item in Storage and Shipping, Office of Administrative Services, Department of the Interior, Washington, D.C. 20240.
(a) DI-83, Notice of Assignment. This form shall be used to provide appropriate notice of assignment of payments under contract as provided in § 14-30.704 of this chapter.
(b) DI-84, Instrument of Assignment. This form shall be used to make assignment of payments due under contracts as provided in § 14-30.704 of this chapter.
(c) DI-137, Release of Claims. This form shall be used to obtain a release of claims under contracts as provided in g 14-1.350 of this chapter. (5 U.S.C. 301) (46 FR 7986, Jan. 26, 1981)
Subpart 14-11.3—State and Local
8 14-11.302 Applicability.
The clauses prescribed for use in fixed-price construction contracts in States with sales, excise, and use taxes may be found in 8 14-7.650-5 of this chapter.
PART 14-17–EXTRAORDINARY Subpart 14-18.1-General Provisions
CONTRACTUAL ACTIONS TO FA-
(a) Policy. The Lead-Based Paint Sec.
Poisoning Prevention Act, (42 U.S.C. 14-17.101 Authority.
4831), as amended by the National 14-17.150 Policy.
Consumer Health Information and
Health Promotion Act of 1976 (Sec. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40
204. Pub. L. 94-317 (42 U.S.C. 4831)), U.S.C. 486(c), 5 U.S.C. 301.
prohibits the use of lead-based paint SOURCE: 46 FR 61471, Dec. 17, 1981, unless
in Federal or federally-assisted conotherwise noted.
struction or rehabilitation of residen
tial structures. Implementing regulaSubpart 14-17.1—General
tions of the Secretary of Housing and
Urban Development under 24 CFR 8 14-17.101 Authority.
Part 35 requires agencies to include The Assistant Secretary-Policy, appropriate provisions in contracts or Budget and Administration must ap- subcontracts for construction or reha. prove in advance any actions taken bilitation of residential structures. pursuant to FPR 1-17.103. The Secre (b) Definitions. As used in this sectary must approve any provision for tion, "residential structure” means the Government to indemnify a Con any house, apartment, or structure intractor beyond the amount of the con tended for human habitation includtract for liability to third persons as ing any institutional structure where provided under Executive Order 10789, persons reside such as orphanage, as amended. Approval of such an in- boarding school dormitory, day care demnification provision must be ob center, or extended care facility. tained prior to issuance of the solicita
(c) Procedures. The following provition.
sion shall be included in all solicita
tions and contracts awarded for con8 14-17.150 Policy.
struction or rehabilitation of residenIt is the policy of the Department of tial structures: the Interior to include the indemnification provision set forth in FPR 1
RROHIBITION AGAINST USE OF LEAD-BASED
PAINT 7.204-5 only in contracts which facilitate the national defense and are for No lead-based paint containing more than products or services which entail risks .5 of 1 percent lead by weight (calculated as that are unusually hazardous or nucle
lead metal) in the total nonvolatile content ar in nature. For all other contracts
of the paint, or the equivalent measure of requiring insurance, the clause set
lead in the dried film of paint already ap
plied, or both, or with respect to paint manforth under FPR 1-7.204-5 must be
ufactured after June 23, 1977, no lead-based modified as prescribed in IPR 14 paint containing more than .06 of 1 percent 7.204-5.
lead by weight (calculated as lead metal) in
the total nonvolatile content of the paint, or PART 14-18–PROCUREMENT OF the equivalent measure of lead in the dried
film of paint already applied, or both, shall CONSTRUCTION
be used in the construction or rehabilitation
of residential structures under this contract Subpart 14-18.1-Gonoral Provisions
or any resulting subcontracts. Sec.
(End of Clause) 14-18.150 Prohibition against use of leadbased paint.
(5 U.S.C. 301) Subpart 14-18.6—Buy American Act
(43 FR 39379, Sept. 5, 1978) 14-18.604 Invitation provision.