(2) Defense Base Act Insurance Costs: (3) Total Cost: (c) Bidders/offerors shall include a statement as to whether or not local nationals or third country nationals will be employed on the resultant contract. (End of provision) [64 FR 43632, Aug. 11, 1999] 652.228-75 [Reserved] 652.228-76 Defense Base Act Insurance Rates-Limitation-Cost-Reimbursement, Labor-Hour, and Timeand-Materials. As prescribed in 628.307, insert the following provision: DEFENSE BASE ACT INSURANCE RATES LIMITATION-COST-REIMBURSEMENT, LABOR HOUR, AND TIME-AND-MATERIALS (AUG 1999) (a) The Department of State has entered into a contract with an insurance carrier to provide DBA insurance to Department of State contractors at a contracted rate. In preparing the cost proposal, the offeror shall use the following rates in computing the cost for DBA insurance: Services @ [contracting officer insert current rate] of compensation (direct salary plus differential, but excluding per diem, housing allowance, education allowance, and miscellaneous allowances); or Construction @ [contracting officer insert current rate] of compensation. (b) These rates apply to all job classifications in those particular categories. The successful offeror shall be advised of the name and address of the insurance broker who will process the DBA insurance coverage. (c) Should an offeror compute or include higher DBA insurance rates, the rates shall be disallowed. (d) Offerors shall include a statement as to whether or not local nationals or third country nationals will be employed on the resultant contract. EXCISE TAX EMEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988) This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule. The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax. (End of clause) [53 FR 26177, July 11, 1988, as amended at 64 FR 43632, Aug. 11, 1999] 652.229-71 Personal Property Disposition at Posts Abroad. As prescribed in 629.402-1-70, insert the following clause: PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999) Regulations at 22 CFR Part 136 require that U.S. Government employees and their families do not profit personally from sales or other transactions with persons who are not themselves entitled to exemption from import restrictions, duties, or taxes. Should the contractor experience importation or tax privileges in a foreign country because of its contractual relationship to the United States Government, the contractor shall observe the requirements of 22 CFR part 136 and all policies, rules, and procedures issued by the chief of mission in that foreign country. (End of clause) [64 FR 43633, Aug. 11, 1999] 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price). As prescribed in 632.908(a), the contracting officer may insert a clause substantially the same as follows: PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999) (a) General. The Government shall pay the contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price stated in Section B of this contract. [Use paragraph (b) only if partial payments apply. Otherwise, paragraph (a) above assumes the contractor will be paid in full amount upon completion of all contractural requirements]. (c) Invoice Submission. Invoices shall be submitted in an original and [contracting officer insert appropriate number of copies] to the office identified in Block 10 of the SF-26, Block 23 of the SF-33, or Block 18b of the SF-1449. To constitute a proper invoice, the invoice must include all items per FAR 52.232-25, "Prompt Payment". (d) Contractor Remittance Address. Payment shall be made to the contractor's address as specified on the cover page of this contract, unless a separate remittance address is specified below: (End of clause) [59 FR 66771, Dec. 28, 1994, as amended at 64 FR 43633, Aug. 11, 1999] 652.232-71 Voucher Submission (CostReimbursement). As prescribed in 632.908(b), the contracting officer may insert a clause substantially the same as follows: VOUCHER SUBMISSION (COST-REIMBURSEMENT) (AUG 1999) (a) General. The contractor shall submit, on a monthly basis [contracting officer may substitute a different time frame, if appropriate], an original and [contracting officer insert appropriate number] copies of each voucher. In addition to the items necessary per FAR 52.232-25, "Prompt Payment", the voucher shall show the elements of cost for the billing period and the cumulative costs to date. All vouchers shall be submitted to the office identified in Block 10 of the SF-26, Block 23 of the SF-33, or Block 18b of the SF-1449. (b) Contractor Remittance Address. Payment shall be made to the contractor's address as specified on the cover page of this contract, unless a separate remittance address is specified below: (End of clause) [59 FR 66772, Dec. 28, 1994, as amended at 64 FR 43633, Aug. 11, 1999] 652.232-72 Limitation of Funds. As prescribed in 632.705-70, insert the following clause: LIMITATION OF FUNDS (AUG 1999) (a) of the total price in Section B (or the "Prices" section), only the amount stated on the contract award document or subsequent modifications is now available for payment and obligated under this contract. It is anticipated that from time to time, additional funds will be obligated under the contract until the total price of the contract is obligated. (b) The Government is not obligated to pay or reimburse the contractor more than the amount obligated pursuant to this clause. The contractor agrees to perform the contract up to the point at which the total amount paid and payable by the Government (including amounts payable for subcontracts and settlement costs if this contract is terminated for convenience) approximates but does not exceed the total amount obligated. (c)(1) It is contemplated that funds now obligated under this contract will cover the work to be performed until [contracting officer insert date]. (2) If the contractor considers the funds obligated under this contract to be insufficient to cover the work to be performed until that date, or another date agreed to by the parties, the contractor shall notify the contracting officer in writing and indicate the date on which it expects expended funds to approximate 75 percent of the total amount obligated. The notice shall state the estimated amount of additional funds required to continue performance through the date specified in paragraph (c)(1) of this clause or another date agreed to by the parties. (3) If, after notification is provided pursuant to paragraph (c)(2) of this clause, additional funds are not obligated, or an earlier date than the date in paragraph (c)(1) of this clause is not agreed to, the contractor shall not be obligated to continue performance under this contract (including actions under the termination clause of this contract) beyond the funds obligated for contract performance. (d) When additional funds are obligated from time to time for continued performance of this contract, the contract shall be modified to increase the funds obligated and to indicate the period of performance for which funds are applicable. The contractor may notify the contracting officer as provided in paragraph (c)(2) of this clause regarding any additional funds obligated. (e) If the contractor incurs additional costs or is delayed in the performance of work under this contract, solely by reason of the Government's failure to obligate additional funds in amounts sufficient for the timely performance of this contract, an equitable adjustment may be made to the price, or time of delivery, or both. (f) This clause shall become inoperative upon obligation of funds sufficient to cover the full price stated in the contract, except for rights and obligations then existing under this clause. (g) Nothing in this clause shall affect the Government's right to terminate the contract for convenience or default. (End of clause) [64 FR 43633, Aug. 11, 1999] 652.236-70 Accident Prevention. As prescribed in 636.513, insert the following clause: ACCIDENT PREVENTION (AUG 1999) (a) General. The contractor shall provide and maintain work environments and procedures which will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to contractor operations and activities; avoid interruptions of Government operations and delays in project completion dates; and, control costs in the performance of this contract. For these purposes, the contractor shall: (1) Provide appropriate safety barricades, signs and signal lights; (2) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and, (3) Ensure that any additional measures the contracting officer determines to be reasonably necessary for this purpose are taken. (4) [The contracting officer shall specify additional requirements regarding safety if the work involves scaffolding or other work at heights above 2 meters, trenches or other excavation greater than 1 meter, earth moving equipment, electrical hazards, work in confined spaces (limited exits, potential for oxygen less than 19.5%, toxic or combustible atmosphere, potential for solid or liquid engulfment, or other hazards considered to be immediately dangerous to life or health such as water tanks, transformer vaults, sewers, cisterns, etc.), or hazardous materials (especially those used indoors, e.g., paints, solvents, etc.).] (b) Records. The contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft of property, materials, supplies, or equipment. The contractor shall report this data in the manner prescribed by the contracting officer. (c) Subcontracts. The contractor shall be responsible for its subcontractors' compliance with this clause. (d) Written program. Before commencing work, the contractor shall: (1) Submit a written plan for implementing this clause; and, (2) Meet with the contracting officer to discuss and develop a mutual understanding relative to administration of the overall safety program. (e) Notification. The contracting officer shall notify the contractor of any non-compliance with these requirements and the corrective actions required. This notice, when delivered to the contractor or the contractor's representative on site, shall be deemed sufficient notice of the non-compliance and corrective action required. After receiving the notice, the contractor shall immediately take corrective action. If the contractor fails or refuses to promptly take corrective action, the contracting officer may issue an order suspending all or part of the work until satisfactory corrective action has been taken. The contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any suspension of work order issued under this clause. (End of clause) [64 FR 43633, Aug. 11, 1999] 652.237-70 Compensatory time off. As prescribed in 637.110(a), insert the following clause: COMPENSATORY TIME OFF (DEC 1994) (a) Compensatory time off means time from work during the personal service contract employee's basic work week in exchange for performing an equal amount of irregular of occasional overtime work which is officially ordered or approved. (b) At the discretion of the Contracting Officer's Representative (COR), the contractor may earn compensatory time off in accordance with 3 FAM Section 232.6-Compensatory Time Off. Compensation time off remaining to the credit of a personal services contract employee at the end of a 16-week period and/or at the end of the contract period shall be forfeited. (c) Compensatory time may not be converted to overtime. (End of clause) [59 FR 66772, Dec. 28, 1994] 652.237-71 Identification/Building Pass. As prescribed in 637.110(b), insert the following clause. IDENTIFICATION/BUILDING PASS (AUG 1999) (a) The contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities. Passes shall be issued only to contractor employees who are United States citizens. Passes will be issued by the Bureau of Diplomatic Security, Office of Procedural Security, Domestic Facilities Division. They shall be used for the purpose of contractor performance only, and shall not be used for any other purpose. (b) The contractor shall submit an application in the form prescribed by the COR. The contractor shall also provide a letter on company letterhead to accompany the application containing the following information: (1) The purpose for which the pass is being requested; (2) The type of access the applicant requires; (3) Whether or not the applicant has a valid security clearance; and, (4) The contract number and period of performance of the contract. (c) The complete package, including the COR's approval memorandum, shall be delivered to the Building Pass Application Unit, Room B266, Department of State, 2201 C Street, NW, Washington, DC; or, the post security officer, if the contract is performed at a U.S. owned or leased building overseas. The employee(s) for whom the pass(es) is/are being requested may be required to personally submit the application and to provide evidence of identity and United States citizenship. (d) All contractor employees shall wear the passes in plain sight at all times while in Department of State buildings. All contractor employees shall show their passes when entering these buildings and upon request. (e) All passes shall be returned to the COR upon separation of the employee, or expiration or termination of the contract. Final payment under this contract shall not be made until all passes are returned to the COR. (End of clause) [59 FR 66772, Dec. 28, 1994, as amended at 64 FR 43634, Aug. 11, 1999] 652.237-72 Observance of Legal Holidays and Administrative Leave. As prescribed in 637.110(c), insert the following clause: OBSERVANCE OF LEGAL HOLIDAYS AND (a) The Department of State observes the following days as holidays: New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Thanksgiving Day Any other day designated by Federal law, Executive Order, or Presidential Proclamation. (b) When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract. (c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative. (d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows: (1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month. (2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided. (e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any "Excusable Delays" clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy. (End of clause) [59 FR 66772, Dec. 28, 1994, as amended at 64 FR 43634, Aug. 11, 1999] 652.242-70 Contracting Officer's Representative (COR). As prescribed in 642.271, insert a clause substantially the same as follows: CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999) (a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as а Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation. (b) The COR is [insert job title of COR]. (End of clause) [53 FR 26177, July 11, 1988, as amended at 59 FR 66772, Dec. 28, 1994; 64 FR 43634, Aug. 11, 1999] 652.242-71 Notice of Shipments. As prescribed in 642.1406–2–70(a), insert the following clause: NOTICE OF SHIPMENTS (JUL 1988) At the time of delivery of supplies to a carrier for onward transportation, the Contractor shall give notice of prepaid shipment to the consignee establishment, and to such other persons as instructed by the Contracting Officer. If the Contractor has not received such instructions by 24 hours prior to the delivery time, the Contractor shall contact the Contracting Officer and request instructions from the Contracting Officer concerning the notice of shipment to be given. (End of clause) [53 FR 26177, July 11, 1988, as amended at 64 FR 43634, Aug. 11, 1999] 652.242-72 Shipping Instructions. As prescribed in 642.1406–2–70(b), insert the following clause: SHIPPING INSTRUCTIONS (DEC 1994) (a) Each packing box shall be of solid construction in accordance with best commercial practices and sufficiently strong in direct ratio to the weight of the contents to withstand excessively rough handling while in transit overseas. It shall be constructed of lumber that is well seasoned, reasonably sound, free from bad cross grain and from knots or knotholes that interfere with nailing or that occupy more than % of the width of the piece of lumber. Box shall be constructed with three-way corners and diagonal bracing. All nails shall be cement-coated, of correct size and properly spaced to avoid splitting or warping, and shall be driven into the grain of the wood. Dimension of lumber shall be in accordance with the following table, dependent upon the weight of the contents: (b) Each box shall be lined with waterproof paper and shall be bound with 19.05mm" steel straps firmly stapled in position to prevent the straps from slipping off the box. Articles must be secured and braced inside the shipping container to prevent the articles from shifting. (c) Packing cases weighing 453.5kg and more must be equipped with skids. Each skid shall consist of two end sections of 50.8 x 152.4mm lumber placed flat and a center section of 50.8 x 101.6mm lumber placed flat and then arranged in line to provide 254mm forklift spaces between center and end sections. When goods are ready for shipment, the Contractor shall prepare four (4) copies of a packing list, indicating the contract and, if applicable, order numbers; case number; itemized list of contents; net and gross weights in kilograms; and outside dimensions, including all clears, of each shipping container. The Contractor shall provide three (3) copies of the packing list to the U.S. Despatch Agent as specified in the contract or order. The Contractor shall place the fourth copy of the packing list in packing case number one, which shall be marked |