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1252.237–93 Subcontracting. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert the following clause:

SUBCONTRACTING (OCT 1994) The Contractor shall not subcontract any work under this contract without the Contracting Officer's written approval. This clause does not apply to contracts of employment between the Contractor and its personnel.

(End of clause)

[64 FR 2440, Jan. 14, 1999)

AREA OF PERFORMANCE (OCT 1994) (a) The area of performance is as specified in the contract.

(b) The Contractor shall take possession of the remains at the place where they are located, transport them to the Contractor's place of preparation, and later transport them to a place designated by the Contracting Officer.

(c) The Contractor will not be reimbursed for transportation when both the place where the remains were located and the delivery point are within the area of performance.

(d) If remains are located outside the area of performance, the Contracting Officer may place an order with the Contractor under this contract or may obtain the services elsewhere. If the Contracting Officer requires the Contractor to transport the remains into the area of performance, the Contractor shall be paid the amount per mile in the schedule for the number of miles required to transport the remains by a reasonable route from the point where located to the boundary of the area of performance.

(e) The Contracting Officer may require the Contractor to deliver remains to any point within 100 miles of the area of performance. In this case, the Contractor shall be paid the amount per mile in the schedule for the number of miles required to transport the remai

s by a reasonable route from the boundary of the area of performance to the delivery point.

1252.237-94 Termination for default.

(USCG) As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert the following clause:

(End of clause)

[64 FR 2440, Jan. 14, 1999)

1252.237–92 Performance and delivery.

(USCG) As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert the following clause:

TERMINATION FOR DEFAULT (OCT 1994) (a) This clause supplements and is in addition to the Default clause of this contract.

(b) The Contracting Officer may terminate this contract for default by written notice without the ten day notice required by paragraph (a)(2) of the Default clause if

(1) The Contractor, through circumstances reasonably within its control or that of its employees, performs any act under or in connection with this contract, or fails in the performance of any service under this contract and the act or failures may reasonably be considered to reflect discredit upon the Department of Transportation in fulfilling its responsibility for proper care of remains;

(2) The Contractor, or its employees, solicits relatives or friends of the deceased to purchase supplies or services not under this contract. (The Contractor may furnish supplies or arrange for services not under this contract, only if representatives of the deceased voluntarily request, select, and pay for them.);

(3) The services or any part of the services are performed by anyone other than the Contractor or the Contractor's employees without the written authorization of the Contracting Officer;

(4) The Contractor refuses to perform the services required for any particular remains; or

(5) The Contractor mentions or otherwise uses this contract in its advertising in any way.

PERFORMANCE AND DELIVERY (OCT 1994) (a) The Contractor shall furnish the material ordered and perform the services specified as promptly as possible but not later than 36 hours after receiving notification to remove the remains, excluding the time necessary for the Government to inspect and check results of preparation.

(b) The Government may, at no additional charge, require the Contractor to hold the remains for an additional period not to exceed 72 hours from the time the remains are casketed and final inspection completed.

(End of clause)

(End of clause)

(64 FR 2440, Jan. 14, 1999]

[64 FR 2440, Jan. 14, 1999]

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1252.237–96 Permits. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert the following clause:

PERMITS (OCT 1994) The Contractor shall meet all State and local licensing requirements and obtain and furnish all necessary health department and shipping permits at no additional cost to the Government. The Contractor shall ensure that all necessary health department permits are in order for disposition of the remains.

1252.237-99 Award to single offeror.

(USCG) As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert the following provision:

AWARD TO SINGLE OFFEROR (OCT 1994) (a) Award shall be made to a single offeror.

(b) Offerors shall include unit prices for each item. Failure to include unit prices for each item will be cause for rejection of the entire offer.

(c) The Government will evaluate offers on the basis of the estimated quantities shown.

(d) Award will be made to that responsive, responsible offeror whose total aggregate offer is the lowest price to the Government.

(End of clause)

(End of provision)

[64 FR 2440, Jan. 14, 1999] 1252.237–97 Facility requirements.

(USCG) As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert the following clause:

FACILITY REQUIREMENTS (OCT 1994) (a) The Contractor's building shall have complete facilities for maintaining the highest standards for solemnity, reverence, assistance to the family, and prescribed ceremonial services.

(b) The Contractor's preparation room shall be clean, sanitary, and adequately equipped.

(c) The Contractor shall have, or be able to obtain the necessary items (e.g. catafalques, structures, trucks, equipment) for religious services.

(d) The Contractor's funeral home, furnishings, grounds, and surrounding area shall present a clean and well-kept appearance.

Alternate I (OCT 1994) If mortuary services are procured by negotiations, substitute the following paragraph (d) for paragraph (d) of the basic provision:

(d) Award will be made to that responsive, responsible offeror whose total aggregate offer is in the best interest of the Government. [64 FR 2440, Jan. 14, 1999]

1252.242–70 Dissemination of informa

tion-educational institutions. As prescribed in (TAR) 48 CFR 1242.203–70(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

(End of clause)

[64 FR 2440, Jan. 14, 1999]

(End of clause)

1252.242–72 Dissemination of contract

information. As prescribed in (TAR) 48 CFR 1242.203–70(c), insert the following clause:

DISSEMINATION OF CONTRACT INFORMATION

(OCT 1994)

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.

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 tech

nical representative. As prescribed in (TAR) 48 CFR 1242.7000, insert the following clause:

(End of clause)

1252.242-71 Contractor testimony.

As prescribed in (TAR) 48 CFR 1242.203–70(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 by the Contracting Officer or required by a judge in a final court order.

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 re

ports. As prescribed in (TAR) 48 CFR 1245.505–70, insert the following clause:

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F.O.B. DESTINATION ONLY (OCT 1994) Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as nonresponsive.

(End of provision)

The offeror shall furnish information with the offer:

(a) Location of the offeror's actual shipping point(s) (street address, city, state, and zip code) from which supplies will be delivered to the Government;

(b) Whether the offered shipping point has a private railroad siding, and the name of the rail carrier serving it;

(c) When the offered shipping point does not have a private siding, the names and addresses of the nearest public rail siding and of the carrier serving it; and

(d) The quantity of supplies to be shipped from each shipping point.

(59 FR 40288, Aug. 8, 1994. Redesignated at 61 FR 50250, Sept. 25, 1996.)

1252.247-74 Shipments to ports and

air terminals. As prescribed in (TAR) 48 CFR 1247.305–70, insert the following provision:

(End of provision) Alternate I (OCT 1994) If delivery is “f.o.b. origin, contractor's facility,” and the designated facility is not covered by the line-haul transportation rate, add the following paragraph to the basic provision:

(e) The charges required to deliver the shipment to the point where the line-haul rate is applicable.

SHIPMENTS TO PORTS AND AIR TERMINALS

(OCT 1994) The Offeror shall furnish the following information with the offer:

(a) A delivery schedule in number of units and/or long or short tons;

(b) Maximum quantities available per shipment; and

(c) Other data appropriate to shipment by air carrier.

(a) A delivery schedule in number of units, type of package, and individual weight and dimensions of each package;

(b) Minimum leadtime required to make supplies available for loading into aircraft;

(c) Name of airport and location to which shipment will be delivered; and

(d) Other data appropriate to shipment by air carrier.

(End of provision)

(End of provision) Alternate I (OCT 1994) When the delivery term is "ex dock, pier or warehouse, port of importation” or “c.& f. destination," substitute the following paragraph (c) for the paragraph (c) of the basic provision:

(c) The number of containers or units that can be loaded in a car, truck, or other conveyance of the size normally used (specify type and size) for the commodity.

Alternate II (OCT 1994) When the delivery term is "f.a.s. vessel, port of shipment," "f.o.b. vessel, port of shipment,” or “f.o.b. inland carrier, point of exportation,” substitute the following paragraphs (c), (d) and (e) for the paragraph (c) of the basic provision:

(c) The quantity that can be made available for loading to vessel per running day of 24 hours (if acquisition involves a commodity to be shipped in bulk);

(d) The minimum leadtime required to make supplies available for loading to vessel; and

(e) The port and pier or other designation and, when applicable, the maximum draft of vessel (in feet) that can be accommodated.

Alternate III (OCT 1994) When the delivery term is "c.i.f. destination,” substitute the following paragraphs (c) and (d) for the paragraph (c) of the basic provision:

(c) The number of containers or units that can be loaded in a car, truck, or other conveyance of the size normally used (specify type and size) for the commodity; and

(d) The amount and type of marine insurance coverage; e.g., whether the coverage is “With Average" or "Free of Particular Average" and whether it covers any special risks or excludes any of the usual risks associated with the specific commodity involved. [59 FR 40288, Aug. 8, 1994. Redesignated at 61 FR 50250, Sept. 25, 1996.)

[59 FR 40288, Aug. 8, 1994. Redesignated at 61 FR 50250, Sept. 25, 1996.) 1252.24776 Nomination of additional

ports. As prescribed in (TAR) 48 CFR 1247.305–70, insert the following provision: NOMINATION OF ADDITIONAL PORTS (OCT 1994)

(a) Offerors may nominate additional ports (including ports in Alaska and Hawaii) more favorably located to their shipping points; and

(b) These ports will be considered in the evaluation of offers if they possess all requisite capabilities of the listed ports in relation to the supplies being acquired.

(End of provision)

(59 FR 40288, Aug. 8, 1994. Redesignated at 61 FR 50250, Sept. 25, 1996.]

1252.247-77 Supply movement in the

Defense Transportation System. As prescribed in (TAR) 48 CFR 1247.305–71, insert the following clause:

SUPPLY MOVEMENT IN THE DEFENSE

TRANSPORTATION SYSTEM (OCT 1994) (a) The Contractor shall dispatch a Transportation Control Movement Document (TCMD) to the appropriate DOD air or water clearance authority in accordance with MILSTAMP procedures for all shipments consigned to DOD air or water terminal transshipment points; and

(b) An Export Release must be obtained for supplies to be transshipped via a water port of loading to overseas destination, except for shipments for which an Export Release is not required, generally shipments of less than 10,000 pounds, (see paragraph 202024 of the Military Traffic Management Regulation, AR 55–355, NAVSUP 4600.70, MCO 4600.14A, AFM 75-2, DLAR 4500.3).

1252.247-75 F.o.b. designated air car

rier's terminal, point of exportation. As prescribed in (TAR) 48 CFR 1247.305–70, insert the following provision:

(End of clause)

F.O.B. DESIGNATED AIR CARRIER’S TERMINAL,

POINT OF EXPORTATION (OCT 1994) The Offeror shall furnish the following information with the offer:

[59 FR 40288, Aug. 8, 1994. Redesignated at 61 FR 50250, Sept. 25, 1996.]

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