(d) In order to terminate negotiations properly, the contracting officer I shall advise each offeror within the competitive range that (1) negotiations are being conducted, (2) offerors are being asked for "best and final offer," not merely to confirm or reconfirm prior offers, and (3) any revision or modification of proposals must be submitted by the cutoff date. [42 FR 40205, Aug. 9, 1977] § 29-3.805-54 Selection of contractor. After the close of discussions and the receipt of any addenda to proposals, the contracting officer shall determine whether another technical evaluation is required prior to award. The contracting officer shall then select for award the offeror or offerors whose proposal (s) offers the greatest advantage to the Government, cost or price, technical and other factors considered. [42 FR 40205, Aug. 9, 1977] § 29-3.809 Contract audit as a pricing aid. § 29-3.809-50 Procedures. The Assistant Secretary for Administration and Management shall perform or obtain reviews of indirect cost data in the establishment of provisional and fixed overhead rates and the performance of audits as a pricing aid, upon request of a head of a procuring activity. All such requests shall be in writing and shall be directed to the Director of Audit and Investigations in Washington, D.C. or to the Regional Administrator for Audit in the regions. Requests shall (a) describe the problem; (b) specify the purpose to be served by the audit; and (c) indicate the audit scope and depth desired. [42 FR 40205, Aug. 9, 1977] Subpart 29-3.9-Subcontracting Policies and Procedures § 29-3.903 Review and approval of contractor's purchasing system and subcontracts. § 29-3.903-2 Review and approval of subcontracts. All cost-reimbursement type contracts shall: (a) Provide for advance notification and prior approval by the contracting officer of any subcontract thereunder on a cost-reimbursement, time and material, or labor hour basis, and of any fixed-price subcontract or purchase order which exceeds in dollar amount either $25,000 or 5 per centum of the total estimated cost of the prime contract. (b) Contain a provision that any authorized representative of the Secretary of Labor shall have the right to inspect the contract worksite and to audit the books and records of the prime contractor or any subcontractor of any tier thereunder that is not on a firm fixed-price basis. § 29-3.950 Subcontracting by cost-type prime contractors. Services performed under cost-type prime contracts shall be performed to the fullest extent possible under fixed unit price or fixed-price subcontracts. PART 29-10-BONDS AND INSURANCE Sec. 29-10.305 Procedures to be followed in the event of loss or damage to Government property. Subpart 29-10.5-Insurance Under CostReimbursement Type Contracts 29-10.501 Policy. AUTHORITY: 63 Stat. 389, 80 Stat. 379; 5 U.S.C. 301, 40 U.S.C. 486(c). SOURCE: 36 FR 8040, Apr. 29, 1971, unless otherwise noted. § 29-10.000 Scope of part. § 29-10.000-50 Policy, cost type contracts. The direct or indirect cost to the contractor for bonds, (except performance bonds-see § 29-10.104) and insurance shall be reimbursable to contractors in cost type contracts, provided that the cost is incurred within the limitations of § 1-15.205-16 of this title or where applicable, § 1-15.309-15 of this title. In determining what insurance and costs to authorize, require or approve in conjunction with a program providing financial assistance, program managers shall consider: (a) The interest to be insured or protected. (b) Any unusual risks to the Government, contractors or third parties, e.g., because of the newness of the program. (c) The cost of the protection by either insurance or bonding of the contingency being protected against. (d) The likelihood of the occurrence of the contingency. (e) Whether bonds or insurance are required by law or regulation. Subpart 29-10.1-Bonds § 29-10.102 Definitions. § 29-10.102-50 Fidelity bonds. A fidelity bond is a bond under which the guarantor agrees to indemnify an insured up to the amount stated in the bond for losses caused by employee dishonesty. The form of the fidelity bond varies, and some common types are described below: (a) "Blanket bond" means a fidelity bond which covers all the employer's officers and employees without the further listing of any names or positions. (b) "Blanket position bond" means a fidelity bond which provides the insured protection against dishonesty with respect to all positions (except positions expressly excluded by written endorsement by the parties to the bond) or to listed series of positions. In either event, it is the position, regardless of who occupies the position, which is covered. (c) "Individual fidelity bond" means a bond which provides the insured protection against dishonesty with respect to a named individual. (d) "Schedule fidelity bond" means a bond which protects the insured against dishonesty with respect to any employee included in a schedule of named positions. § 29-10.104 Performance bonds. 40-113 0-79--14 appropriate, suitably identifies the program, the risk and/or the contract. Subpart 29-10.3-Insurance-General § 29-10.302 Notice of cancellation or change. The endorsement required by § 110.302 of this title concerning prior notice to the approving authority of a material change in the policies affecting the interest of the Government is set forth below: No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and named insured has been sent by registered letter to the Government representative at the address stated below. Name of contracting officer- § 29-11.000-50 Liaison with Solicitor. In order that there be uniformity in DOL's treatment of the tax aspects of contract administration, the heads of procuring activities shall coordinate with the Office of the Solicitor for purposes of obtaining information relating to Federal, State, and local tax matters. Negotiation shall not be undertaken or directed by procuring activities with any taxing authority for the purpose of determining the validity or applicability of, or obtaining exemptions from or refund of, any tax, except with the approval of the Solicitor. (63 Stat. 389, 80 Stat. 379; 5 U.S.C. 301, 40 U.S.C. 486(c)) Contract clause. 29-12.1254 Notice of award. AUTHORITY: 80 Stat. 379, 5 U.S.C. 301; sec. 207, 76 Stat. 29, 42 U.S.C. 2587; sec. 602, 78 Stat. 528, 42 U.S.C. 2942; and sec. 204(a), 81 Stat. 888, 42 U.S.C. 639. SOURCE: 42 FR 40205, Aug. 9 1977, unless otherwise noted. § 29-12.1250 Scope of subpart. This subpart extends the standards and policies of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to persons who are receiving occupation or job training under Department of Labor contracts but who are not employees of the contractor. § 29-12.1251 Basic protection. The Occupational Safety and Health Act of 1970 provides the following basic protection for employees: (a) It requires the employer to furnish to each employee employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to the employ ees. (b) It requires the employer to comply with occupational safety and health standards promulgated under the Act, which are published in Chapter XVII of Title 29, Code of Federal Regulations. § 29-12.1252 Applicability. The Department of Labor shall require its contractors providing occupational and job preparation training to persons who are not employees to protect such persons as though they were employees with respect to the provisions of Federal or State occupational safety and health standards, as applicable. § 29-12.1253 Contract clause. The following clause shall be included in all contracts with the Department of Labor which provide for occupational or job preparation training (including basic education, counseling, personal and cultural development, recreational activities, and work-experience training) when the trainees are not employees of the contractor: OCCUPATIONAL SAFETY AND HEALTH ACT (a) In the performance of this contract, the contractor agrees to provide all trainees, who are not employees, with safety and health protection which shall be at least as effective as that which would be required under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) if the trainees were employees of the contractor thereunder. (b) All records pertaining to injuries and illnesses of trainees who are not employees shall be maintained in accordance with the provisions of Part 1904 of Title 29 of the Code of Federal Regulations. (c) Contractor agrees to include the substance of this clause in all subcontracts which provide for the training of persons who are not employees of the subcontractor. (d) Failure of the contractor to comply with the provisions of this clause shall be grounds for the termination of this contract or the invocation of the "Debarred, Suspended, and Ineligible Bidders" procedures of the Federal Procurement Regulations and the Department of Labor Procurement Regulations. § 29-12.1254 Notice of award. Contracting Officers of the Department of Labor shall submit a notice of award of a contract containing the clause in § 29-12.1253 to the Occupational Safety and Health Administration (OSHA) Regional Administrator within the region where the contract is to be performed at the following addresses: REGION I Regional Administrator, OSHA, U.S. Department of Labor, John F. Kennedy Federal Building, Government Center, Room 1804, Boston, Mass. 02203. REGION II Regional Administrator, OSHA, U.S. Department of Labor, 1515 Broadway (1 Astor Plaza), Room 3455, New York, NY 10036. REGION III Regional Administrator, OSHA, U.S. Department of Labor, Suite 2100, 3535 Market Street, Philadelphia, Pa. 19104. · REGION IV Regional Administrator, OSHA, U.S. Department of Labor, 1375 Peachtree Street NE., Suite 587, Atlanta, GA 30309. REGION V Regional Administrator, OSHA, U.S. Department of Labor, 230 S. Dearborn Street, Room 3263, Chicago, IL 60604. REGION VI Regional Administrator, OSHA, U.S. Department of Labor, Room 602, 555 Griffin Square Building, Dallas, TX 75201. REGION VII Regional Administrator, OSHA, U.S. Department of Labor, 911 Walnut Street, Room 3000, Kansas City, MO 64106. REGION VIII Regional Administrator, OSHA, U.S. Department of Labor, Room 15010, 1961 Stout Street, Denver, CO 80202. REGION IX Regional Administrator, OSHA, U.S. Department of Labor, Room 9470, Federal Building, 450 Golden Gate Avenue, San Franscisco, CA 94102. REGION X Regional Administrator, OSHA, U.S. Department of Labor, Room 6048, 909 First Avenue, Seattle, WA 98174. PART 29-26-CONTRACT MODIFICATIONS Subpart 29-26.4-Novation and Change of Name Agreements Sec. 29-26.400 Scope of subpart. 29-26.404-50 Processing novation and change of name agreements. Subpart 29-26.4-Novation and Change of Name Agreements § 29-26.400 Scope of subpart. This subpart prescribes the policy and procedures for execution of novation agreements and change of name agreements by a single Agency and novation or change of name agreements affecting more than one Agency. (See also 1-30.710 of this title on assignment of claims in case of transfers of business or corporate mergers.) (Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c))) [42 FR 40206, Aug. 9, 1977] § 29-26.404-50 Processing novation and change of name agreements. (a) The Agency(ies) processing a proposed novation agreement shall promptly provide notice of the proposed agreement, including lists of affected contracts which are required by § 1-26.402(c)(2) of this title, to the Agencies having contracts with the contractor or contractors concerned. Such notice shall be transmitted to the addresses listed herein as appropriate: Director of Adminstrative Programs and Services, OASAM, Attn: ACBB. Office of Policy, Evaluation and Research, Employment and Training Administration, Attn: TP. Office of National Programs, Employment and Training Administration, Attn: TDX, Office of Field Operations, Employment and Training Administration, Attn: TG Regional Coordination Staff, OASAM, Attn: AH. Bureau of International Affairs, Attention: IA. Bureau of labor Statistics, Attention: BA. (b) All novation agreements and change of name agreements, prior to execution by the Department, shall be reviewed by the Solicitor's Office for legal sufficiency. (c) If the Agency(ies) does not object to the proposed novation agreement within 30 days after receipt of notice, the initiating Agency shall assume acceptance of the proposed agreement. (d) When more than one Agency has outstanding contracts with the contractor or contractors, a single agreement covering all such contracts shall be executed by the agency having the largest unsettled dollar balance with the contractor or contractors. (e) A signed copy of the executed novation agreement or change of name agreement shall be forwarded to the contractor; a signed copy shall be retained in the Agency executing the agreement; and, where more than one Agency is involved, two conformed copies of the agreement shall be prepared for each affected Agency. In addition, there shall be attached to each of the conformed copies of the agreement for each affected Agency a summary of the agreement and a complete list of the contracts affected. (Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c))) [42 FR 40206, Aug. 9, 1977] |