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cost beneficial. Waivers may be granted provided that the Committees on Appropriations of the Senate and the House of Representatives are notified in writing of the Secretary's intention to waive the warranty requirement and the reasons supporting such a determination prior to granting the waiver. The written request for Secretarial waiver of the warranty requirement shall include, at a minimum:

(a) A brief description of the major system and its stage of production, e.g., the number of units delivered and anticipated to be delivered during the life of the program;

(b) The specific waiver requested, the duration of the waiver if it is to involve more than one contract, and the rationale for the waiver; and

(c) All documentation supporting the request for waiver, such as a cost-benefit analysis.

All waivers shall be forwarded via the Office of Acquisition and Grants Management for submission to the Secretary. The Coast Guard shall maintain a written record of each waiver granted and the Congressional notification and report made, together with supporting documentation, for use in answering inquiries.

PART 1249-TERMINATION OF CONTRACTS

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.

Subpart 1249.1-General
Principles

1249.111 Review of proposed settlements.

All proposed settlement agreements shall be coordinated with legal counsel.

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1250.202 Contract adjustment boards.

DOT Order 1100.60, Department of Transportation Organizational Manual establishes the Contract Appeals Board as the approving authority to consider and dispose of requests for extraordinary contractual adjustments for DOT contractors.

[52 FR 44557, Nov. 19, 1987]

Subpart 1250.4-Residual Powers 1250.401 Standards for use.

It is DOT policy not to use the "residual powers" authorized by the Act and FAR Subpart 50.4. Conctracting officers shall not include in DOT contracts the clause at FAR 52.250-1, Indemnification Under Pub. L. 85-804, unless specifically authorized by the Secretary or designee.

[52 FR 44557, Nov. 19, 1987]

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1252.102-2 Incorporation in full text. 1252.104 Procedures for modifying and completing provisions and clauses.

Subpart 1252.2-Texts of Provisions and Clauses

1252.207-70 Implementation of Right of First Refusal of Employment.

1252.207-71 Financial and technical ability. 1252.209-71 Disclosure of conflicts of interest.

1252.210-70 Brand name or equal.

1252.212-70 [Reserved]

1252.212-71 Notice of delay.

1252.215-70 [Reserved]

1252.215-71 Key personnel and facilities. 1252.215-72 Cost proposal instructions. 1252.216-70 [Reserved]

1252.216-71 Evaluation of proposals subject to economic price adjustment. 1252.216-72 Estimated cost, base fee, and award fee.

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1252.222-76 [Reserved]

1252.222-77

Fair Labor Standards Act and Service Contract Act-Price adjustment (multiyear and option contracts). 1252.222-78 Fair Labor Standards Act and Service Contract Act-price adjustment. 1252.222-79 Service Contract Act requirements as to vacation pay. 1252.223-70 [Reserved]

1252.223-71 Accident and fire reporting. 1252.223-72 Protection of human subjects. 1252.228-70 [Reserved]

1252.228-71 Loss of or damage to leased aircraft.

1252.228-72 Fair market value of aircraft. 1252.228-73 Risk and indemnities. 1252.235-70 [Reserved]

1252.235-71 Recoupment of development

costs.

1252.236-70 [Reserved]

1252.236-71 Special precautions for work at operating airports.

1252.237-70 [Reserved]

1252.237-71 Qualifications of employees. 1252.242-70 Dissemination of informationeducational institutions.

1252.242-71 Contractor testimony.

1252.242-72 Dissemination of contract infor mation.

1252.245-70 Government property reports.

AUTHORITY: Sec. 205(c) Federal Property and Administrative Services Act, as amended (40 U.S.C. 468(c)). 48 CFR 1.301; 49 CFR 1.59. SOURCE: 52 FR 44557, Nov. 19, 1987, unless otherwise noted.

1252.000 Scope of part.

This part, in conjunction with FAR Part 52, contains the DOT provisions and clauses whose use is prescribed elsewhere in this regulation.

Subpart 1252.1-Instructions for Using Provisions and Clauses 1252.101 Using FAR Part 52.

Administrations which prescribe or develop provisions or clauses under the authority of FAR 52.101(b)(2)(i) (B) or (C) shall ensure that the requirements of FAR Subpart 1.4 and Subpart 1201.4 are met.

1252.102 Incorporating provisions and clauses.

1252.102-2 Incorporation in full text.

All provisions and clauses prescribed or developed by administrations shall

be incorporated in solicitations and/or contracts in full text as required by FAR 52.102-2(a)(4).

1252.104 Procedures for modifying and completing provisions and clauses. TAR provisions and clauses shall not be modified (see FAR 52.101(a)) unless authorized by this regulation, and when so authorized, contracting officers must comply with the procedures in FAR 52.104.

Subpart 1252.2-Texts of Provisions and Clauses

1252.207-70 Implementation of Right of First Refusal of Employment.

As prescribed in 1207.305, and for any contract when contractor performance causes Federal employees in the Government commercial activity to be adversely affected, insert the following clause in solicitations and contracts: IMPLEMENTATION OF RIGHT OF FIRST REFUSAL

OF EMPLOYMENT (AUG 1988)

(a) Policy. The contractor shall give, and shall require each subcontractor to give, adversely affected Federal employees the right of first refusal for all employment openings under this contract for which they are qualifled. The contractor shall require the substance of this clause to be included in each subcontract at every tier under this contract, other than subcontracts for raw materials, commercial stock items and subcontracts that do not exceed $25,000.

(b) Definitions: (1) An "adversely affected Federal employee" is any Federal employee who is assigned to the Government commercial activity, who is a competing employee under Office of Personnel Management reduction-in-force regulations, and who is, as a result of the award of this contract, released from his or her competitive level, causing separation, reassignment, or downgrade.

(2) The term "contractor" as used in this clause shall include the contractor and each subcontractor at every tier. The term "subcontractor" as used in this clause shall include any person or firm which has a legal obligation to perform all or part of the work under a subcontract at any tier under this contract, other than a subcontract primarily for the supply of raw materials or commercial stock items or a subcontract that does not exceed $25,000.

(3) The "contract award date" is the date the contract is signed by the contracting officer.

(4) "Employment opening" is a position vacancy in the contractor's organization, cre

ated by the award of this contract or any subcontract under this contract, which the contractor is unable to fill with personnel on the contractor's active payroll, as of the contract award date, including any position within the local commuting area of the commercial activity which arises in the contractor's organization as a result of the contractor's reassignment of an employee due to the award of this contract or of any subcontract under this contract.

(5) "Working day" means a day other than a Saturday, a Sunday or a day on which either the Government's or the Contractor's office administering this contract is offlcially closed for business.

(c) Filling employment openings. (1) For a period beginning with the contract award date and ending [the contracting officer shall fill in this blank with a number between 90 and 180] days after all adversely affected Federal employees have been separated, reassigned, or downgraded as a result of the award of this contract, no person other than an adversely affected Federal employee, shall be offered a job filling an employment opening until each qualified, adversely affected Federal employee identified in the most current list provided to the contractor under paragraph (e) of this clause has been offered the job and either has refused it or has waived their right of first refusal.

(2) For a period beginning with the contract award date and ending [the contracting officer shall fill in this blank with a number between 90 and 180] days after all adversely affected Federal employees have been separated, reassigned or downgraded as the result of the award of this contract, the contractor shall, in filling employment openings, communicate written offers of employment to adversely affected Federal employees identified in the most current list provided to the contractor under paragraph (e) of this clause. Such offers shall specify at a minimum the following:

(1) Title, description, and location of employment opening being offered;

(ii) Pay and benefits (i.e., paid leave, holidays, health and life insurance, retirement and any other benefits such as stock options that would contribute to the total monetary value of the position);

(iii) Hours of work and leave schedule; and (iv) Final date employee may accept job offer.

(3) At a minimum, adversely affected Federal employees shall be given five working days, excluding mail time, after receipt of a job offer to accept or reject the offer. At the contractor's request, the contracting officer, after consulting with the agency personnel office, shall determine whether any adversely affected employee has waived his or her right of first refusal by not responding to a job offer in a timely manner.

(4) If there are no qualified, available, adversely affected Federal employees on the most current list provided by the contracting officer or designee, the contractor may select for an employment opening any person not disqualified by any provision of this contract.

(d) Contractor reporting requirements. (1) No later than five (5) working days after the contract award date, the contractor shall provide the contracting officer or designee with the following:

(i) A list of employment openings along with a brief description of duties and qualification requirements for each position; and (ii) Sufficient job application forms for adversely affected Federal employees.

(2) For the period beginning with the contract award date and ending [the contracting officer shall fill in this blank with a number between 90 and 180] days after all adversely affected Federal employees have been separated, reassigned or downgraded as the result of the award of this contract, the contractor shall inform the contracting officer or designee by telephone within one (1) working day after an employment offer is made to an adversely affected Federal employee. The contractor shall also notify the contracting officer or designee by certified mail no later than five (5) working days after each adversely affected Federal employee's acceptance or refusal of the employment offer. This notice shall contain the following information:

(i) The name and social security number of the adversely affected Federal employee offered an employment opening;

(ii) The date the offer was made;

(iii) The salary and benefits contained in the offer (benefits as defined in paragraph (c)(2)(ii) of this clause);

(iv) A brief description of the position; (v) Either the date of acceptance of the offer and the effective date of employment or the date of refusal of the offer; and

(vi) If not previously provided to the contracting officer or designee, the names and social security numbers of any adversely affected Federal employees who applied for, but were not offered, employment in the position, and the reason(s) for not making an offer to each of them.

(3) The contractor shall promptly inform the contracting officer or designee of the name and social security number of each adversely affected Federal employee hired by the contractor and any subcontractor during the [the contracting officer shall fill in this blank with a number between 90 and 180]-day period beginning with the day after the date of the separation from Federal employment of the last of the adversely affected Federal employees, and shall also inform the contracting officer or designee of the date or dates of such hiring or hirings.

(4) Upon receipt of the most current list of adversely affected Government employees from the contracting officer or designee pursuant to paragraph (e) of this clause, the contractor promptly shall provide, or cause to be provided, a copy of the list to each subcontractor under this contract.

(e) Information provided to the contractor. (1) On the contract award date or thereafter, but no later than ten (10) working days after the date of issuance of the initial reductionin-force notices to adversely affected Federal employees, the contracting officer or designee shall provide the contractor with a current list of those adversely affected Federal employees who wish to exercise their right of first refusal.

(2) From time-to-time after issuance of the initial list pursuant to paragraph (e)(1) of this clause, and until the last of the adversely affected Federal employees have been separated from Federal employment, the contracting officer or designee shall provide the contractor with an updated version of the current list of adversely affected Federal employees, reflecting those employees who have been recently released from their competitive level and reassigned, downgraded or separated and those who have indicated their unavailability for employment with the contractor.

(3) On the contract award date or as soon thereafter as feasible, the contracting officer or designee shall inform the contractor of the date on which all adversely affected Federal employees will be separated, reassigned or downgraded as a result of the award of this contract.

(f) Record of compliance. Upon request of the contracting officer or designee, the contractor shall make available for examination by the Government, all pertinent books, documents, papers and records required to determine compliance with this clause.

(g) Qualifications determination. An adversely affected Federal employee who held a job in the Government commercial activity. that directly corresponds to or is not significantly different from an employment opening under this contract or a subcontract under this contract, shall be considered qualified to fill that employment opening. unless the contractor adequately documents the employee's lack of qualifications.

(h) Relation to other statutes, regulations and employment policies. (1) The provisions of this clause do not modify or alter any of the contractor's responsibilities and obligations under statutes, regulations or other contract clauses concerning non-discrimination, hiring and employment based on veteran's status, race, color, religion, sex, age, handicap or national origin.

(2) The contractor shall be aware of the post-employment restrictions prohibiting certain types of representations before, or

communications to, the Federal Government by former employees (18 U.S.C. 207).

(1) Penalty for noncompliance. Failure of the Contractor to comply with any provision of this clause may be grounds for termination of the contract for default.

(End of clause)

Alternate I (April 1988)

As prescribed in 1207.305, the following paragraph_b(4) may be substituted for paragraph b(4) of the clause:

(4) "Employment opening is a position vacancy in the contractor's organization, created by the award of this contract or any subcontract under this contract, which the contractor is unable to fill with personnel on the contractor's active payroll, as of the date of submission of initial bids or proposals, including any position within the local commuting area of the commerical activity which arises in the contractor's organization as a result of the contractor's reassignment of an employee due to the award of this contract or of any subcontract under this contract.

[53 FR 28401, July 28, 1988, as amended at 53 FR 31007, Aug. 17, 1988]

1252.207-71 Financial and technical ability.

As prescribed in 1207.305, insert the following provision in A-76 solicitations:

FINANCIAL AND TECHNICAL ABILITY (Nov 1987)

a. If a bid submitted in response to this solicitation is favorably considered, a two-part preaward survey may be conducted to determine the bidder's ability to perform. Part one will be conducted by (Insert name of office), who may contact you to determine your financial capability to perform. Current financial statements and pertinent data should be available at that time. Part two of the survey will be conducted at (Name Location) shortly after bid opening by government personnel.

b. If a preaward survey is conducted, you will be requested to have management officials, of the appropriate level, represent your firm. In addition, your proposed project manager should be available to respond to questions raised during the preaward survey. You should also be prepared to present a briefing regarding the manner in which you intend to accomplish your contractual obligations. As a minimum, you should address the following items of information in your presentation (a written copy of the presentation with the backup data below must be submitted to the contracting officer 5 work days before the presentation):

(1) Startup and phase-in schedule.

(2) Key personnel letters of intent and résumés.

(3) Availability of labor force, plan for recruiting, type and extent of training.

(4) The role of the project manager and the extent of his/her authority.

(5) Organizational and functional charts reflecting line of management responsibility.

(6) Manning charts in a format requested by the contracting officer (only to be used to ensure that you understand the workload).

(7) Plans and management procedures for logistical administrative support of all functions; that is, contractor furnished supplies and equipment and procedures for timely payment of personnel.

(8) Procedures to be used to ensure contract requirements are met (quality control program).

(9) Corporate experience, as evidenced by past and present contracts.

(10) Other purchases for which you have bid and for which you are apparent low bidder. (End of clause)

1252.209-71 Disclosure of conflicts of interest.

As prescribed in 1209.508-1 and 1215.407 insert the following provision in solicitations for negotiated acquisitions:

DISCLOSURE OF CONFLICTS OF INTEREST (APR

1984)

It is the Department of Transportation's (DOT's) policy not to award contracts to offerors whose objectivity may be impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by DOT or in organizations whose interests may be substantially affected by Departmental activities. Based on this policy:

(a) The offeror shall provide a statement in its technical proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with an organization regulated by DOT, or with an organization whose interests may be substantially affected by Departmental activities, and which is related to the work under the request. The interest(s) described shall include those of the proposer, its affiliates, proposed consultants, proposed subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the offeror's technical proposal. Affected organizations shall include, but are not limited to, the insurance industry. Key personnel shall include any person owning more than 20% interest in the offeror, and the offeror's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an ac

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