approvals that occur after initial evaluation of proposals, but before final evaluation. (End of provision) [71 FR 25775, May 2, 2006] 3052.222-70 Strikes or picketing affecting timely completion of the contract work. As prescribed in (HSAR) 48 CFR 3022.101-71(a), insert the following clause: STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK (DEC 2003) Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A delay caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes. (End of clause) 3052.222-71 Strikes or picketing affecting access to a DHS facility. As prescribed in (HSAR) 48 CFR 3022.101-71(b), insert the following clause: STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY (DEC 2003) If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a) is directed at the Contractor or subcontractor or any employee of either; and (b) impedes or threatens to impede access by any person to a DHS facility where the site of the work is located, the Contractor shall take all appropriate action to end such strike or picketing, including, if necessary, the filing of a charge of unfair labor practice with the National Labor Relations Board or the use of other available judicial or administrative remedies. (End of clause) 3052.222-90 Local hire (USCG). As prescribed in (HSAR) 48 CFR 3022.9001, insert the following clause: LOCAL HIRE (USCG) (JUN 2006) (a) When performing a contract in whole or in part in a State with an unemployment rate in excess of the national average determined by the Secretary of Labor, the Contractor shall employ, for the purpose of performing the portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly, the necessary skills. (b) Local resident defined. As used in this section, "local resident" means a resident of, or an individual who commutes daily to, a State described in subsection (a). (c) The Secretary of Homeland Security may waive the requirements of paragraph (a) the interest of national security or economic efficiency. (End of clause) [71 FR 25775, May 2, 2006] 3052.223-70 Removal or disposal of hazardous substances-applicable licenses and permits. As prescribed in (HSAR) 48 CFR 3023.303, insert the following clause: REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES-APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ["insert days") days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. (End of clause) [71 FR 25775, May 2, 2006] 3052.223-90 Accident and fire reporting (USCG). As prescribed in USCG guidance at (HSAR) 48 CFR 3023.9000(a), insert the following clause: ACCIDENT AND FIRE REPORTING (DEC 2003) (a) The Contractor shall report to the Contracting Officer any accident or fire occurring at the site of the work that causes: (1) A fatality or the loss of at least one lost workday on the part of any employee of the Contractor or subcontractor at any tier; (2) Damage of $1,000 or more to Federal real or personal property; either real or personal; (3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor vehicles or mobile equipment; or (4) Damage for which a contract time extension may be requested. (b) Accident and fire reports required by paragraph (a) above shall be accomplished by the following means: (1) Accidents or fires resulting in a death, hospitalization of five or more persons, or destruction of Federal real or personal property, the total value of which is estimated at $100,000 or more, shall be reported immediately by telephone to the Contracting Officer or his/her authorized representative and shall be confirmed by telegram, facsimile or e-mail transmission within 24 hours to the Contracting Officer. Such telegram or facsimile transmission shall state all known facts as to extent of injury and damage and as to cause of the accident or fire. (2) Other accident and fire reports required by paragraph (a) above may be reported by the Contractor using a state, private insurance carrier, or Contractor accident report form which provides for the statement of: (i) The extent of injury; and (ii) The damage and cause of the accident or fire. Such report shall be mailed or otherwise delivered to the Contracting Officer within 48 hours of the occurrence of the accident or fire. (c) The Contractor shall assure compliance by subcontractors at all tiers with the requirements of this clause. (End of clause) 3052.225-70 Requirement for Use of Certain Domestic Commodities. As prescribed in (HSAR) 48 CFR 3025.7003, use the following clause: REQUIREMENT FOR USE OF CERTAIN DOMESTIC COMMODITIES (AUG 2009) (a) Definitions. As used in this clause(1) "Commercial," as applied to an item described in subsection (b) of this clause, means an item of supply, whether an end product or component, that meets the definition of "commercial item" set forth in (FAR) 48 CFR 2.101. (2) "Component" means any item supplied to the Government as part of an end product or of another component. (3) "End product" means supplies delivered under a line item of this contract. (4) "Non-commercial," as applied to an item described in subsections (b) or (c) of this clause, means an item of supply, whether an end product or component, that does not meet the definition of "commercial item" set forth in (FAR) 48 CFR 2.101. (5) "Qualifying country" means a country with a memorandum of understanding or international agreement with the United States under which DHS procurement is covered. (6) "United States" includes the possessions of the United States. (b) The Contractor shall deliver under this contract only such of the following commercial or non-commercial items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: (1) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof; or (2) Tents, tarpaulins, covers, textile belts, bags, protective equipment (such as body armor), sleep systems, load carrying equipment (such as fieldpacks), textile marine equipment, parachutes or bandages. (c) The Contractor shall deliver under this contract only such of the following non-commercial items, either as end products or components, that have been grown, reproсessed, reused, or produced in the United States: (1) Cotton and other natural fiber products. (2) Woven silk or woven silk blends. (3) Spun silk yarn for cartridge cloth. (4) Synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics). (5) Canvas products. (6) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (7) Any item of individual equipment manufactured from or containing any of the fibers, yarns, fabrics, or materials listed in this paragraph (c). (d) This clause does not apply (1) To items listed in (FAR) 48 CFR 25.104, or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at United States market prices; (2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool is not more than 10 percent of the total price of the end product; or (3) To items that are eligible products per (FAR) 48 CFR Subpart 25.4. (End of clause) [74 FR 41350, Aug. 17, 2009] In accordance with the clause entitled "Insurance-Work on a Government Installation" [or Insurance-Liability to Third Persons] in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract: (a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-2(a). (b) General liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-2(b). (c) Automobile liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-2(c). (End of clause) 3052.228-90 Notification of Miller Act payment bond protection (USCG). As prescribed in USCG guidance at (HSAR) 48 CFR 3028.106-490, insert the following clause: NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (DEC 2003) This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain information pertaining to the surety that provided the payment bond under the prime contract. (a) The prime contract is subject to the Miller Act (40 U.S.C. 270), under which the prime contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owned for work performed and materials delivery under the prime contract. (b) Persons believing that they have legal remedies under the Miller Act should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government, or create any relationship, contractual or otherwise, between the Federal Government and any private party. (c) The surety which has provided the payment bond under the prime contract is: (Name) (Street Address) (City, State, Zip Code) (Contact & Tel. No.) (End of clause) 3052.228-91 Loss of or damage to leased aircraft (USCG). As prescribed in USCG guidance at (HSAR) 48 CFR 3028.306-90(a) and (b), insert the following clause: LOSS OF OR DAMAGE TO LEASED AIRCRAFT (DEC 2003) (a) The Government assumes all risk of loss of, or damage (except normal wear and tear) to, the leased aircraft during the term of this lease while the aircraft is in the possession of the Government. (b) In the event of damage to the aircraft, the Government, at its option, shall make the necessary repairs with its own facilities or by contract, or pay the Contractor the reasonable cost of repair of the aircraft. (c) In the event the aircraft is lost or damaged beyond repair, the Government shall pay the Contractor a sum equal to the fair market value of the aircraft at the time of such loss or damage, which value may be specifically agreed to in clause 3052.228-92, "Fair Market Value of Aircraft," less the salvage value of the aircraft. However, the Government may retain the damaged aircraft or dispose of it as it wishes. In that event, the Contractor will be paid the fair market value of the aircraft as stated in the clause. (d) The Contractor agrees that the contract price does not include any cost attributable to hull insurance or to any reserve fund it has established to protect its interest in the aircraft. If, in the event of loss or damage to the leased aircraft, the Contractor receives compensation for such loss or damage in any form from any source, the amount of such compensation shall be: (1) Credited to the Government in determining the amount of the Government's liability; or (2) For an increment of value of the aircraft beyond the value for which the Government is responsible. (e) In the event of loss of or damage to the aircraft, the Government shall be subrogated to all rights of recovery by the Contractor against third parties for such loss or damage and the Contractor shall promptly assign such rights in writing to the Government. (End of clause) 3052.228-92 Fair market value of air craft (USCG). As prescribed in USCG guidance at (HSAR) 48 CFR 3028.306-90(a) and (c), insert the following clause: FAIR MARKET VALUE OF AIRCRAFT (DEC 2003) For purposes of the clause entitled "Loss of or Damage to Leased Aircraft," the fair market value of the aircraft to be used in the performance of this contract shall be the lesser of the two values set out in paragraphs (a) and (b) below: (a) $; or (b) If the contractor has insured the same aircraft against loss or destruction in connection with other operations, the amount of such insurance coverage on the date of the loss or damage for which the Government may be responsible under this contract. (End of clause) 3052.228-93 Risk and indemnities (USCG). As prescribed in USCG guidance at (HSAR) 48 CFR 3028.306-90(a) and (d), insert the following clause: RISK AND INDEMNITIES (DEC 2003) 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 property 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, evidence of insurance shall be delivered to the Contracting Officer. (End of clause) 3052.231-70 Precontract costs. As prescribed in (HSAR) 48 CFR 3031.205-32, insert the following clause: PRECONTRACT COSTS (DEC 2003) The Contractor shall be entitled to reimbursement for pre-contract costs incurred on or after in an amount not to exceed $ that, if incurred after this contract had been entered into, would have been reimbursable under this contract. (End of clause) 3052.235-70 Dissemination of information-educational institutions. As prescribed in (HSAR) 48 CFR 3035.70-2, insert the following clause: DISSEMINATION OF INFORMATION- (a) The Department of Homeland Security (DHS) desires widespread dissemination of the results of funded non-sensitive 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 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 shall contain acknowledgment of DHS'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 DHS. Articles for publication or papers to be presented to professional societies do not require the authorization of the Contracting Officer prior to release. However, a printed or electronic copy of each article shall be transmitted to the Contracting Officer at least two weeks prior to release or publication. (c) 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. (End of clause) [68 FR 67871, Dec. 4, 2003. Redesignated and amended at 71 FR 25775, May 2, 2006; 77 FR 50637, Aug. 22, 2012] 3052.236-70 Special precautions for work at operating airports. As prescribed in (HSAR) 48 CFR 3036.570, insert the following clause: SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (DEC 2003) (a) When work is to be performed at an operating airport, the Contractor must arrange its work schedule so as not to interfere with flight operations. Such operations will take precedence over construction convenience. Any operations of the Contractor which would otherwise interfere with or endanger' the operations of aircraft shall be performed only at times and in the manner directed by the Contracting Officer. The Government will make every effort to reduce the disruption of the Contractor's operation. (b) Unless otherwise specified by local regulations, all areas in which construction operations are underway shall be marked by yellow flags during daylight hours and by red lights at other times. The red lights along the edge of the construction areas within the existing aprons shall be the electric type of not less than 100 watts intensity placed and supported as required. All other construction markings on roads and adjacent parking lots may be either electric or battery type lights. These lights and flags shall be placed so as to outline the construction areas and the distance between any two flags or lights shall not be greater than 25 feet. The Contractor shall provide adequate watch to maintain the lights in working condition at all times other than daylight hours. The hour of beginning and the hour of ending of daylight will be determined by the Contracting Officer. (c) All equipment and material in the construction areas or when moved outside the construction area shall be marked with airport safety flags during the day and when directed by the Contracting Officer, with red obstruction lights at nights. All equipment operating on the apron, taxiway, runway, and intermediate areas after darkness hours shall have clearance lights in conformance with instructions from the Contracting Officer. No construction equipment shall operate within 50 feet of aircraft undergoing fuel operations. Open flames are not allowed on the ramp except at times authorized by the Contracting Officer. (d) Trucks and other motorized equipment entering the airport or construction area shall do so only over routes determined by the Contracting Officer. Use of runways, aprons, taxiways, or parking areas as truck or equipment routes will not be permitted unless specifically authorized for such use. Flag personnel shall be furnished by the Contractor at points on apron and taxiway for safe guidance of its equipment over these areas to assure right of way to aircraft. Areas and routes used during the contract must be returned to their original condition by the Contractor. Airport management shall establish the maximum speed allowed at the airport. Vehicles shall be operated so as to be under safe control at all times, weather and traffic conditions considered. Vehicles must be equipped with head and taillights during the hours of darkness. (End of clause) 3052.242-70 [Reserved] 3052.242-72 Contracting officer's technical representative. As prescribed in (HSAR) 48 CFR 3042.7000, insert the following clause: CONTRACTING OFFICER'S TECHNICAL (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 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, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) 3052.247-70 F.o.b. origin information. As prescribed in (HSAR) 48 CFR 3047.305-70(a), insert the following provision: F.O.B. ORIGIN INFORMATION (DEC 2003) 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. (End of provision) Alternate I (DEC 2003). If delivery is "f.o.b. origin, contractor's facility," and the designated facility is not covered by the line-haul transportation |