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retained until such appeals, litigation, contractor, from any moneys payable on acclaims, or exceptions have been disposed of. count of work performed by the contractor
(d)(1) The contractor shall insert the sub or subcontractor, such sums as may adminstance of this clause, including the whole of istratively be determined to be necessary to this paragraph (d), in each subcontract
satisfy any liabilities of such contractor or hereunder that is not firm-fixed-price or
subcontractor for unpaid wages and liquidated damages as provided in the provision
of paragraph (b). higher-tier subcontractor at the level in
(d) Subcontracts. The contractor shall volved in place of the contractor; to add “of
insert paragraphs (a) through (d) of this the Government prime contract” after "con
section in all subcontracts, and shall require tracting officer"; and to substitute "the Government prime contract” in place of
their inclusion in all subcontracts of any
tier. "this contract” in (B) of paragraph (c)(2)(ii) above.
(e) Records. The contractor shall maintain
payroll records containing the information $ 14H-70.630 Contract Work Hours and specified in 29 CFR 516.2(a). Such records Safety Standards Act-overtime com
shall be preserved for three years from the pensation.
completion of the contract. CONTRACT WORK HOURS AND SAFETY 8 14H-70.631 Price reduction for defective STANDARDS ACT-OVERTIME COMPENSATION
cost or pricing data. This contract is subject to the Contract
The following clause shall be includWork Hours and Safety Standards Act and
ed in all contracts where cost and pricto the applicable rules, regulations, and the interpretations of the Secretary of Labor.
ing data is required in accordance with (a) Overtime requirements. No contractor § 14H-70.407. or subcontractor contracting for any part of the contract work which may require or in PRICE REDUCTION FOR DEFECTIVE COST OR volve the employment of laborers or me
PRICING DATA chanics shall require or permit any laborer
(a) If the contracting officer determines or mechanic in any work-week in which he
that any price negotiated in connection with is employed on such work to work in excess of eight hours in any calendar day or in
this contract or any cost reimbursable under excess of forty hours in such work-week on
this contract was increased by any signifiwork subject to the provisions of the Con
cant sums because the contractor, or any tract Work Hours Standards Act unless
subcontractor pursuant to the clause of this such laborer or mechanic receives compen
contract entitled "Subcontractor Cost or sation at a rate not less than one and one
Pricing Data” or “Subcontractor Cost or half times his basic rate of pay for all such Pricing Data-Price Adjustments," or any hours worked in excess of eight hours in subcontract clause therein required, furany calendar day or in excess of forty hours nished incomplete or inaccurate cost or pricin such work-week, whichever is the greater ing data or data not current as certified in number of overtime hours.
his Contractor's Certificate of Current Cost (b) Violation, liability for unpaid wages, or Pricing Data, then such price or cost liquidated damages. In the event of any vio shall be reduced accordingly and the conlation of the provisions of paragraph (a), tract shall be modified in writing to reflect the contractor and any subcontractor re
such reduction. sponsible therefor shall be liable to any af
(b) Failure to agree on a reduction shall fected employee for his unpaid wages. In addition, such contractor and subcontractor
be a dispute concerning a question of fact shall be liable to the United States for liqui
within the meaning of the “Disputes" clause dated damages. Such liquidated damages
of this contract. shall be computed with respect to each indi
(NOTE: Since the contract is subject to reVidual laborer or mechanic employed in vio
duction under this clause by reason of delation of the provisions of paragraph (a) in
fective cost or pricing data submitted in conthe sum of $10 for each calendar day on
nection with certain subcontracts, it is exwhich such employee was required or per
pected that the contractor may wish to inmitted to be employed on such work in
clude a clause in each such subcontract reExcess of eight hours or in excess of the quiring the subcontractor to appropriately standard work-week of forty hours without indemnify the contractor. It is also expected ayment of the overtime wages required by that any subcontractor subject to such inparagraph (a).
demnification will generally require subc) Withholding for unpaid wages and lig- stantially similar indemnification for defecuidated damages. The contracting officer tive cost or pricing data required to be submay withhold from the Government prime mitted by his lower tier subcontractors.)
8 14H-70.632 Subcontractor cost and pric
ing data. The following clause should be included in all contracts, when the subcontracts of the type and size de. scribed herein are contemplated.
SUBCONTRACTOR COST AND PRICING DATA (a) The contractor shall require subcontractors hereunder to submit in writing cost or pricing data under the following circumstances:
(1) Prior to award of any cost-reimbursed type, time and material, labor-hour, incentive, or price redeterminable subcontract the price of which is expected to exceed $100,000; and
(2) Prior to the award of any other subcontract, the price of which is expected to exceed $100,000, or to the pricing of any subcontract change or other modification for which the price adjustment is expected to exceed $100,000, where the price or price adjustment is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation.
(b) The contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the Government, that, to the best of their knowledge and belief, the cost and pricing data submitted under (a) above are accurate, complete, and current as of the date of the execution, which date shall be as close as possible to the date of agreement on the negotiated price of the subcontract or subcontract change or modification.
(c) The contractor shall insert the substance of this clause including this paragraph (c) in each of his cost-reimbursement type, time and material, labor-hour, price redeterminable, or incentive subcontracts hereunder, and in any other subcontract hereunder which exceed $100,000 unless the price thereof is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation. In each such excepted subcontract hereunder which exceed $100,000, the contractor shall insert the substance of the following clause:
clause shall be limited to such price adjustments.
(b) The contractor shall require subcontractors hereunder to submit cost or pricing data under the following circumstances:
(1) Prior to award of any cost-reimburse. ment type, time and material, labor-hour, incentive, or price redeterminable subcontract, the price of which is expected to exceed $100,000; and:
(2) Prior to award of any other subcontract, the price of which is expected to exceed $100,000, or to the pricing of any subcontract change or other modification for which the price adjustment is expected to exceed $100,000, where the price or price adjustment is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation.
(c) The contractor shall require subcon. tractors to certify, in substantially the same form as that used in the Certificate by the Prime Contractor to the Government, that, to the best of their knowledge and belief, the cost and pricing data submitted under (b) above are accurate, complete, and cur. rent as of the date of the execution, which date shall be as close as possible to the date of agreement on the negotiated price of the contract modification.
(d) The contractor shall insert the substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds $100,000.
8 14H-70.633 Buy American Act.
BUY AMERICAN ACT (a) The Buy American Act (41 U.S.C. 102d) requires, with certain exceptions, that in the procurement of supplies and services only domestic source end products shall be acquired for public use.
(b) The provisions of Part 1-6 of the Federal Procurement Regulations (41 CFR Part 1-6) deals with the Buy American Act and its application to Government contracts.
(c) The provisions of Part 1-6 of the Fed. eral Procurement Regulations (41 CFR Part 1-6) are applicable to this contract and any subcontracts entered into under the tract. Questions concerning the Buy American Act and its applicability in specific circumstances should be directed to the contracting officer.
8 14H-70.634 Anti-Kickback Act.
SUBCONTRACTOR COST AND PRICING DATA
PRICE ADJUSTMENTS (a) Paragraphs (b) and (c) of this clause shall become operative only with respect to any change or other modification made pursuant to one or more provisions of this contract which involves a price adjustment in excess of $100,000. The requirements of this
ANTI-KICKBACK ACT (a) Pub. L. 86-695, September 2. 1960 (41 U.S.C. 51-54) among other things, prohibits the payment, directly or indirectly, by or on behalf of a subcontractor in any tier under
any Government negotiated contract of any fee, gift, or gratuity to the prime contractor or any higher tier subcontractor or any officer, agent, partner or employee thereof, as an inducement or acknowledgement for the award of a subcontract or order.
(b) The provisions of Pub. L. 86-695, are set forth in more detail in § 1-1.320 of the Federal Procurement Regulations (41 CFR Part 1-1) and are applicable to this contract and any subcontracts entered into under the contract.
$ 14H-70.635 Privacy Act requirements.
PRIVACY ACT REQUIREMENTS The contractor agrees to comply with all the requirements and provisions of Subpart D of 43 CFR Part 2 which implements the Privacy Act (5 U.S.C. 552a).
$ 14H-70.636 Rights in data.
RIGHTS IN DATA (a) Subject data. As used in this clause, the term "Subject Data" means writings, sound recordings, pictorial reproductions, drawings, designs or other graphic representations, procedural manuals, forms, diagrams, workflow charts, equipment descriptions, data files and data processing or computer programs, and words of any similar nature (whether or not copyrighted or copyrightable) which are specified to be delivered under this contract. The term does not include financial reports, cost analyses, and similar information incidental to contract administration. (b) Government rights. Subject only to the provision of (c) below, the Government may use, duplicate or disclose for government purposes, all subject data delivered under this contract.
(c) License to copyrighted data. In addition to the Government rights as provided in (b) above, with respect to any Subject Data which may be copyrighted the Contractor agrees to and does hereby grant to the Government a royalty-free, nonexclusive and irrevocable license to use, or duplicate such data for government purposes: Provided, That such license shall be only to the extent that the Contractor now has, or prior to completion of final settlement of this contract may acquire, the right to grant such license without becoming liable to pay compensation to others solely because of such grant.
(d) Relation to patents. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent.
(e) Marking and identification. The contractor shall mark all Subject Data with the
number of this contract and the name and address of the contractor or subcontractor who generated the data. The contractor shall not affix any restrictive markings upon any Subject Data, and if such markings are affixed, the Government shall have the right at any time to modify, remove, obliterate, or ignore any such markings.
(f) Subcontractor data. Whenever any Subject Data is to be obtained from a subcontractor under this contract, the contractor shall use this same clause in the subcontract, without alteration, and no other clause shall be used to enlarge or diminish the Government's rights in that subcontractor Subject Data.
(g) Deferred ordering and delivery of data. The Government shall have the right to order, at any time during the performance of this contract, or within 2 years from either acceptance of all items (other than data) to be delivered under this contract or termination of this contract, whichever is later, any Subject Data and any data not called for in the schedule of this contract but generated in performance of the contract, and the contractor shall promptly prepare and deliver such data as is ordered. If the principal investigator is no longer associated with the contractor, the contractor shall exercise its best efforts to prepare and deliver such data as is ordered. The Government's right to use data delivered pursuant to this paragraph (g) shall be the same as the rights in Subject Data as provided in (b) above. The contractor shall be relieved of the obligation to furnish data pertaining to an item obtained from a subcontractor upon the expiration of 2 years from the date he accepts such items. When data, other than Subject Data, is delivered pursuant to this paragraph (g), payment shall be made, by equitable adjustment or otherwise, for converting the data into the prescribed form, reproducing it or preparing it for delivery.
8 14H-70.637 Printing.
PRINTING Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: Provided, however, That performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 by 10% inches, one side only, one color.
or cause manner set forth in $ 1-10.104-1 of
nosus ways wees or use
e pronours sa for 125 CPE 21.75.
Subpon 144-70.J-Cancellation or
kesssumption of Contracts
(a) Contracts pursuant to the Act may only be cancelled or reassumed under the conditions set forth in 25 CPR 271 as follows:
(1) Retrocession (25 CPR 271.71).
(3) Cancellation for cause (25 CPR 271.76),
(b) The clauses to be included in contracts covering the above situations are found in Subpart 14H-70.6 of this part.
145-.803 Performance bonds.
(2) Periormance bonds will not be required from an Indian tribe or Indian organization serving as a gorernmental instrumentality or an Indian tribe, Provided. That such tribe or tribal organization shall require any subcontractor performing work under the contract to provide a performance bond in the amount and manner set forth in f 1-10.104-1 of this title.
(b) The clause to be included in construction contracts with Indian tribes and Indian organizations relative to performance bonds is set forth in
$ 14H-70,702 Settlement of cancelled con
tracts. The settlement of any contracts cancelled or reassumed for the reasons set forth in % 14H-70.701 shall be as mutually agreed to by the Bureau and the contractor. If mutual agreement cannot be reached, the principles set forth in Subpart 1-8.6 of this title shall be used to arrive at the settlement.
14H-70.804 Payment bonds.
(a) Payment bonds will not be required from an Indian tribe or Indian organization serving as a governmental instrumentality of an Indian tribe: However, such tribe or tribal organization shall require any subcontractor performing work under the contract to provide a payment bond in the amount and manner set forth in § 110.105-1 of this title.
(b) The clause to be included in con- ! struction contracts with Indian tribes and Indian organizations relative to: payment bonds is set forth in § 14H70.621.
Subpart 14H-70.8—Bonds and
# 14H-70,801 Scope of subpart.
This subpart deals with the requirement for tribal organizations to furnish bid guarantees, performance bonds and payment bonds on contracts for construction.
#1411-70.802 Policy on use of bid guaran.
8 14H-70.805 Liability insurance.
(a) This section prescribes policies and procedures with respect to the furnishing of liability insurance by Indian contractors in accordance with 25 CFR 271.45.
(b) Contracting offices shall assure themselves that all contracts with tribal organizations provide for the tribal organization to obtain general liability insurance and motor vehicle in. surance. Each such contract shall fur: ther provide that the insurance carrier must be satisfactory to the contracting officer and that the contractor shall officer and that the con forward to the contracting officer a copy of the certificate of insurance as soon as such certificate is received from the insurance carrier.
Did guarantee will not be required in connection with construction contracts negotiated with an Indian tribe or an Indian organization serving as a Hovernmental instrumentality of an Indian tribe: Procided, That such tribe or tribal organination shall require any potential subcontractor to furnish a bid Muarantee in the amount and
$ 14H-70.806 Insurance coverage.
(a) The insurance provided by the contractor shall provide coverage to the contractor, the United States, their agents, and their employees within minimum amounts that are at least comparable to the minimum insurance coverage carried by other organizations in the same general area performing similar activities.
(b) The insurance shall provide for a waiver by the insurance carrier of any right it may have to raise as a defense the tribe's sovereign immunity from suit when a claim is within the limits of the policy. Further, the insurance shall not empower the insurance carri. er to waive or otherwise limit the tribe's sovereign immunity outside or beyond the coverage and limits of the policy of insurance.
$ 14H-70.807 Exceptions.
(a) In those cases where the contracting officer determines that the risk of death, personal injury or property damage under the contract is small and that the time and cost of procuring the insurance is great in relation to the risk, he may exempt such contracts from the requirements of this subpart.
(b) Some of the factors which the contracting officer shall consider in determining the magnitude of the risk involved are:
(1) The nature of the program contracted for.
(2) The number of persons involved in performing the contract. (3) The contract period. (4) The number of persons likely to come in contact with or be affected by the performance of the contract.
(5) The nature and value of any property which might be affected by the contract.
§ 14H-70.902 Labor standards in subcon
tracts. Subcontracts shall include and subcontractors shall comply with the provisions of Part 1-12 of the Federal Procurement Regulations (41 CFR Part 1-12) to the extent that the provisions are applicable to the subcontract requirements. Questions concerning the applicability of the provisions of Part 1-12 of the Federal Procurement Regulations should be addressed to the contracting officer.
Subpart 14H-70.10—Contract Cost
Principles and Procedures
8 14H-70.1001 Principles for determining
costs. The principles for determining costs applicable to contracts under the Act are contained in Appendix A to 25 CFR Part 276.
$ 14H-70.808 Motor vehicle insurance.
Notwithstanding the provisions of $ 14H-70.807, any contract which requires or authorizes, either expressly or by implication, the use of motor vehicles must contain a provision requiring the tribal contractors to provide motor vehicle insurance, regardless of how small the risk may seem.
8 14H-70.1002 Predetermined fixed rates.
(a) Indirect cost or overhead rates may be negotiated annually where cost experience, reliable accounting data and other pertinent facts are available to support the projection of