449.402-3 Procedure for default.

(a) In addition to the requirements of FAR 49.402-3(g), the notice of termination shall contain instructions regarding the disposition of any Government property in the possession of the contractor (see FAR 45.508-1) and, in the case of construction contracts, such materials, appliances, and structures as may be on the site of the construction work. The notice shall also contain a statement concerning the liability of the contractor or its surety for any liquidated damages (see FAR 49.402-7).

(b) The notice of termination suggested under FAR 49.601-2 shall be modified in accordance with (a) above.

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C.

486(c).

SOURCE: 49 FR 12130, Mar. 28, 1984, unless otherwise noted.

450.001 Definitions.

Approving authority, as used in this part, means the Assistant Secretary for Administration.

Subpart 450.1-General

450.103 Deviations.

Requests for deviations to FAR Part 50 shall be submitted by the HCA to the Director, Office of Operations, for approval.

450.104 Reports.

The Director, Office of Operations, shall prepare the report required by FAR 50.104.

Subpart 450.2-Delegation of and Limitations on Exercise of Authority

450.201 Delegation of authority.

The Assistant Secretary for Administration is authorized to approve all actions under FAR Part 50 except indemnification actions listed in FAR 50.201(d).

PART 451-(RESERVED)

452.216-74 Ceiling Price. 452.216-75 Letter Contract. 452.217-70 Option to Extend the Term of the Contract-Cost-Plus-Fixed-Fee Contract. 452.217-71 Option to Extend the Term of the Contract-Cost-No-Fee Contract.

452.217-72 Option to Extend the Term of the Contract Cost-Plus-Award-Fee Contract.

452.217-73 Option for Increased Quantity— Cost-Plus-Fixed-Fee Contract.

452.217-74 Option for Increased Quantity— No-Fee Contract.

452.217-75 Option for Increased QuantityCost-Plus-Award-Fee Contract.

452.217-76 Option to Extend the Effective Period of the Contract-Time-and-Material or Labor-Hour Contract.

452.217-77 Option to Extend the Effective Period of the Contract-Indefinite-Delivery/Indefinite-Quantity Contract. 452.217-78 Option to Extend the Term of the Contract-Fixed-Price Contract.

452.217-79 Option for Increased QuantityFixed-Price Contract.

452.219-70 Set-Aside/Size Standard Information.

452.222-70 Service Contract Act of 1965Contracts of $2,500 or less.

452.222-71 Service Contract Act of 1965. 452.222-72 Statement of Equivalent Rates for Federal Hires.

452.222-73 Fair Labor Standards Act and Service Contract Act-Price Adjustment. 452.224-70 Confidentiality of Information. 452.225-70 English Language and U.S. Currency Requirements.

452.228-70 Notice of Required Bid Guarantee.

452.228-71 Notice of Required Performance Security.

452.228-72 Notice of Required Payment Security.

452.228-73 Insurance Coverage. 452.232-70-452.232-73 [Reserved]

452.232-74 Reimbursement for Bond Premiums-Fixed-Price Construction. 452.236-70 Additive or Deductive Items. 452.236-71 Prohibition Against the use of Lead-Based Paint.

341-189 0-93-10

Sec.

452.246-70 Inspection and Acceptance. 452.247-70 Delivery Location.

452.247-71 Marking Deliverables.

452.247-72 Packing for Domestic Shipment. 452.247-73 Packing for Overseas Shipment. 452.252-70 List of Attachments.

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C.

486)c).

Subpart 452.2-Texts of Provisions and Clauses

SOURCE: 53 FR 6069, Feb. 29, 1988, unless otherwise noted.

452.204-70 Data Universal Numbering System.

As prescribed in 404.670, insert the following provision:

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) (FEB 1988)

(a) The offeror is requested to insert the DUNS number applicable to the contractor's address shown on the solicitation form. DUNS NO.

(b) If the production point (point of final assembly) is other than the location entered on the solicitation form, or if additional production points are involved, enter the DUNS number applicable to each production point in the space provided below.

ITEM NO.

MANUFACTURER

PRODUCTION POINT

DUNS NO.

(c) If DUNS numbers have not been established for the contractor, or the production point(s) shown above, a number will be assigned upon request by Dun & Bradstreet, Allentown, Pennsylvania, phone (215) 776-4388, 89, 90 or 91.

(End of provision)

452.204-71 Inquiries.

As prescribed in 404.7001, insert a provision substantially as follows:

INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the contracting officer issuing the solicitation about any aspect of this requirement prior to contract award.

(End of provision)

452.207-70 Definition of “Right of First Refusal."

As prescribed in 407.305, insert the following clause:

DEFINITION OF "RIGHT OF FIRST REFUSAL” (FEB 1988)

(a) OMB Circular A-76 provides that Contractors will give Federal employees displaced as a result of a conversion to contract the right of first refusal for employment on the contract in positions for which they are qualified and for which the Contractor is hiring. The purpose of this clause is to define the phrase "displaced as a result of the conversion" so that eligibility for the right of first refusal can be determined.

(b) It is the policy of the U.S. Department of Agriculture to extend the right first refusal to any permanent full-time or permanent part-time employee who, as a result of a reduction-in-force notice, is reduced in grade or separated as a direct result of a "conversion" action under OMB Circular A76. A conversion is defined as "the transfer of work from Government commercial or industrial activity to performance by a private commercial source under contract."

(c) Offers by Contractors made as a result of an employee's right of first refusal will be subject to the terms and conditions of employment set by the Contractor. For example, a permanent part-time employee does not have the right to a part-time tour of duty with the Contractor. Similarly, this policy does not afford an affected Government employee any right to a specific job or salary. Such employment considerations are deemed to be matters solely between the Contractor and the affected Government employee. Employees with the right of first refusal have only the right to an offer of a position for which they are qualified and for which the Contractor is hiring.

(d) Employees who hold any Federal civil service appointment other than permanent (e.g., a temporary appointment) do not have a right of first refusal if displaced as a result of a conversion.

(e) The determination by USDA of an employee's eligibility for the right of first refusal is appealable under the procedures provided in Departmental Regulation (DR) 2170– 1. Determinations related to the implementation of OMB Circular A-76 are not subject to any negotiated or agency grievance procedure. Decisions rendered under the agency procedure are final.

(f) The Contracting Officer will provide a successful Contractor with a listing of those employees that USDA has determined are eligible for right of first refusal.

(End of clause)

452.207-71 Report of

Employment

Under Commercial Activities. As prescribed in 407.305, insert the following clause:

REPORT OF EMPLOYMENT UNDER COMMERCIAL ACTIVITIES (FEB 1988)

(a) The Contracting Officer, as soon as practicable, will provide the Contractor with a list of the Federal employees, including social security numbers, that will be involuntarily separated from Government employment as a result of this contract.

(b) The Contractor agrees

(1) To provide the Contracting Officer within five working days after the date of transfer of the operation and maintenance responsibilities of a Federal project to the Contractor (contract start date) with the names and social security numbers of individuals on the list referenced in paragraph (a) that, as of the contract start date, had accepted or rejected offers of employment comparable to their previous employment with the Federal Government. For those who reject the Contractor's offer, the Contractor shall include total monetary value of the pay and benefits offered;

(2) To provide the Contracting Officer with the names and social security numbers of the individuals hired, within five working days of such hiring, during the first 90 days after the contract start date, if the Contractor hires any additional Federal employees on the list referenced in paragraph (a) for any job within the Contractor's organization; and

(3) To furnish the information required by this clause in a concise and clearly detailed format.

(c) The operation of the system of records identified by this clause is subject to the Privacy Act of 1974 (5 U.S.C. 552a) and clause 52.224-1 "Privacy Act Notification" and clause 52.224-2 "Privacy Act" included in this contract. This clause constitutes the notice required to invoke compliance by the Contractor with the provisions of the notice and clause.

(End of clause)

452.209-70 Organizational Conflicts of Interest.

As prescribed in 409.504, insert a clause substantially as follows:

ORGANIZATIONAL CONFLICTS OF INTEREST (FEB 1988)

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an orga

nizational conflict of interest, as defined in FAR Subpart 2.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue; such other remedies as may be permitted by law or this contract.

(d) The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause, including this paragraph (d), in any subcontract or consultant agreement hereunder.

(End of clause)

452.210-70 Brand Name or Equal.

As prescribed in 410.004, insert the following provision:

BRAND NAME OR EQUAL (FEB 1988)

(As used in this clause, the term "brand name" includes identification of products by make and model.)

(a) If items called for by this solicitation have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids or proposals and are determined by the Government to meet fully the salient characteristics requirements listed in the solicitation.

(b) Unless the bidder clearly indicates in its bid that it is offering an "equal" product, its bid shall be considered as offering a brand name product referenced in the solicitation.

(c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the solicitation, or

such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to the equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in its bid as well as other information reasonably available to the contracting activity. Caution to bidders: The contracting activity is not responsible for locating or securing any information which is not identified in the bid and reasonably available to the contracting activity. Accordingly, to assure that sufficient information is available, the bidder must furnish as a part of its bid all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the contracting activity to—(1) Determine whether the product offered meets the salient characteristics requirement of the solicitation, and (ii) establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific reference to information previously furnished or to information otherwise available to the contracting activity.

(2) If the bidder proposes to modify a product so as to make it conform to the requirements of the solicitation, the bid shall include: (i) A clear description of such proposed modifications and (ii) clearly marked descriptive material to show the proposed modifications.

(3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the solicitation will not be considered.

(End of clause)

452.210-71 Statement of Work/Specifications.

As prescribed in 410.011, insert a clause substantially as follows:

STATEMENT OF WORK/SPECIFICATIONS (FEB

1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of clause)

452.210-72 Attachments to Statement of Work/Specifications.

As prescribed in 410.011, insert the following clause:

ATTACHMENTS TO STATEMENT OF WORK/
SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are

hereby made part of this solicitation and any resultant contract.

(End of clause)

452.212-70 Level of Effort-Cost-Reimbursement Term Contract.

As prescribed in 412.104(a)(1), insert a clause substantially as follows:

LEVEL OF EFFORT-COST-REIMBURSEMENT TERM CONTRACT (FEB 1988)

(a) The Contractor shall perform all work and provide all required reports within the level of effort specified below. The Government will order * direct labor hours for the base period which represents the Government's best estimate of the level of effort required to fulfill these requirements.

(b) For determining level of effort hours, direct labor includes personnel such as engineers, scientists, draftsmen, technicians, statisticians, and programmers. Support personnel such as company management, typists, and key punch operators will not be considered as part of the level of effort. However, support personnel should be charged directly to the contract if it is the Contractor's practice to do so.

(c) If the Contractor provides less than 90 percent of the level of effort specified for the base period or any optional period ordered, an equitable downward adjustment of the fixed fee for that period will be made. The Government may require the Contractor to provide additional effort up to 110 percent of the level of effort for any period until the estimated cost for that period has been reached. However, this additional effort shall not result in any increase in the fixed fee.

(d) If the level of effort specified to be ordered during a given base or option period is not ordered during that period, that level of effort may not be accumulated and ordered during a subsequent period.

(e) These terms and conditions do not supersede the requirements of either of the FAR clauses 52.232-20 "Limitation of Cost" or 52.232-22 "Limitation of Funds".

(End of clause)

*Contracting Officer shall insert number of estimated direct labor hours.

Alternate I (Feb 1988). As prescribed in 412.104(a)(2), substitute a paragraph (c) substantially as follows, when a cost or costsharing term contract without fee is contemplated:

(c) The Government may require the Contractor to provide additional effort up to 110 percent of the level of effort for any period until the estimated cost for that period has been reached.

Alternate II (Feb 1988). As prescribed in 412.104(a)(3), substitute a paragraph (c) substantially as follows, when a cost-plus-incen