50-091-71-49

(1) Instructions regarding the safeguarding and disposition of any Government property in the possession of the contractor;

(2) Where applicable, a statement that the defaulting contractor and his surety will be liable for liquidated damages at the rate specified until such reasonable time as may be required to complete the work or secure delivery, as the case may be, in addition to any excess costs involved in obtaining performance elsewhere; and

(3) Instructions regarding the acquisition by the Government of any completed supplies or manufacturing materials.

(b) Language suggesting cancellation of the contract shall be avoided in issuing the notice of termination.

(c) The termination notice shall be signed by the contracting officer or other person properly vested with such authority.

(d) In order to assure that the contractor receives the termination notice, the contracting officer shall forward such notice via certified mail, return receipt requested, or other appropriate means which will assure a signed receipt for the notice.

(e) With respect to the distribution of the termination notice see § 1-8.6023(e) of this title. A copy of the notice shall also be furnished to any assignee of the contractor for the particular contract involved.

Sec.

PART 14-10-BONDS AND INSURANCE

Subpart 14-10.1-Bonds

14-10.109-50 Additional requirements re

specting bonds.

Subpart 14-10.4-Insurance Under Fixed-Price

Contracts

14-10.450 Indemnification.

AUTHORITY: The provisions of this Part 14-10 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: The provisions of this Part 14-10 appear at 33 F.R. 7436, May 18, 1968 and 35 F.R. 290, Jan. 8, 1970, unless otherwise noted.

Subpart 14-10.1-Bonds

§ 14-10.109-50 Additional requirements respecting bonds.

The clauses prescribed for use under the conditions provided in § 14-7.602-50

are to be used, as indicated, by the heads of bureaus and offices.

Subpart 14-10.4-Insurance Under

Fixed-Price Contracts

§ 14-10.450 Indemnification.

(a) Ordinarily, the Department of the Interior is not concerned with the insurance programs of fixed-price contractors. However, the Department may be concerned with contractor insurance programs when special circumstances exist. See § 1-10.401 of this title. An example of such a situation is where a substantial portion of the work under a contract contemplates the use of the equipment of a private individual or concern under an equipment rental-type agreement and the activities of the equipment and operator are to be subject to some degree of direction and control by the Government. The Department has determined that in such circumstances the potential monetary losses to the Government resulting from personal injuries or damage to or loss of property arising out of accidents or tortious acts resulting from activities of such contractors outweigh the costs involved in a required insurance program. In such cases, the clause set out in paragraph (b) below may be used. The use of contract provisions requiring insurance coverage in all other instances shall be governed by the provisions of § 1-10.301 of this title.

(b) The following clause may be used in the instances described above:

INDEMNIFICATION

The contractor shall indemnify and hold the Government harmless for any and all losses, damages, or liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made, arising out of the activities of the contractor, his employees, subcontractors, or agents under the contract. For the purpose of fulfilling his obligations under this paragraph, the contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the contracting officer by an insurance company which is acceptable to the contracting officer. The named insured parties under the policy shall be the contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

1 Each Person.

1 Each Occurrence. 1 Property Damage.

1 These amounts to be set by the contracting officer.

14-18.803

Default termination of fixed price construction contracts. 14-18.803-5 Procedure in case of default.

AUTHORITY: The provisions of this Part 14-18 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 14-18 appear at 35 F.R. 356, Jan. 9, 1970, unless otherwise noted.

Subpart 14-18.1-General Provisions § 14-18.104 Subcontracting.

For provisions relating to "Listing of subcontractors", see § 14-7.602-50 (1) of this chapter.

Subpart 14-18.8-Termination of Construction Contracts

the rate specified until such reasonable time as may be required to complete the work; and

(3) Instructions regarding the acquisition by the Government of such materials, appliances, and plant as may be on the site of the construction work and necessary therefor.

(b) Language suggesting cancellation of the contract shall be avoided in issuing the notice of termination.

(c) The termination notice shall be signed by the contracting officer or other person properly vested with such authority.

(d) In order to assure that the contractor receives the termination notice, the contracting officer shall forward such notice via certified mail, return receipt requested, or other appropriate means which will assure a signed receipt for the notice.

(e) A copy of the notice shall be furnished to any assignee of the contractor for the particular contract involved.

§ 14-30.50

Contract debts-compromise, suspension or termination.

The Federal Claims Collections Act of 1966 (80 Stat. 308, 31 U.S.C. 951-953) authorizes the compromise of civil claims of the Federal Government that do not exceed $20,000. This statute also authorizes termination or suspension of collection action on such claims. Actions under this statute must conform to standards prescribed jointly by the Attorney General of the United States and the Comptroller General of the United States. These controlling standards have been established by joint regulations (4 CFR Ch. II, 31 F.R. 13381, Oct. 15, 1966). Interior authority under the above statute and joint regulations concerning in

debtedness arising in connection with contracts for procurement of property or services, contracts for sale or use of Government property, and charges for Government services has been delegated as follows:

(a) For compromise of such indebtedness, to the Solicitor.

(b) For termination or suspension of such indebtedness, to the head of the bureau or office having jurisdiction over the contracts under which such indebtedness arises with the approval of the Solicitor.

[35 F.R. 226, Jan. 7, 1970]

Subpart 14-30.4--Advance Payments § 14-30.406 Responsibility-delegation of authority.

Proposed contracts (or class of similar contracts) that are to contain provisions for advance payments shall be executed only after the clause pertaining to the advance payment and any other terms or conditions related thereto have been approved. Approval shall be obtained from the Assistant Secretary for Administration after he has determined, based upon written findings as provided in § 1-30.405 of this chapter, that the making of the advance payments is in the public interest. The contracting officer may make the advance payment once the approval has been obtained. § 14-30.406-50 Special approvals.

(a) Under contracts with States or similar public bodies for foster home care of Indian children, the Commissioner of Indian Affairs is authorized to make advance payments for periods not in excess of 90 days. The Commissioner ts required to make a detailed report to the Assistant Secretary for Administration of such payments at the close of each fiscal year.

(b) Under contracts with State Universities or similar public bodies for surveys of physical resources and the development of studies of social and economic factors affecting Indian tribes, the Commissioner of Indian Affairs is authorized, without specific security, to make advance payments for periods not in excess of 90 days. The Commissioner is required to make a detailed report to the Assistant Secretary for Administration of such payments at the close of each fiscal year.

14H-1.002

14H-1.003

14H-1.004

14H-1.006

14H-1.006-1 14H-1.006-2 14H 1.007 14H-1.007-1

14H-1.007-2

14H-1.007-3

14H-1.008

14H-1.009

14H-1.009-2

Scope of subpart.

Purpose.

Authority.

Applicability.
Issuance.

Code arrangement.
Publication.

Arrangement.

General plan.
Numbering.

Citation.

Agency implementation. Deviation.

Procedure.

tracting officers.

Delegation and redelegation of

authority and designation of contracting officers.

14H-1.451-2 Designation of contracting of

ficer positions.

14H-1.451-6 Limitation of contracting officer authority.

AUTHORITY: The provisions of this Part 14H-1 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 14H-1 appear at 34 F.R. 13659, Aug. 26, 1969, unless otherwise noted.

§ 14H-1.000 Scope of part.

(a) This part establishes a system for the codification and publication of policies and procedures of the Bureau of Indian Affairs (Bureau) regulations which implement, supplement or deviate from the Federal Procurement Regulations (FPR) and Interior Procurement Regulations (IPR), when appropriate.

(b) The Federal Procurement Regulations are published as Chapter 1 of this title. The Interior Procurement Regulations which implement and supplement the FPR are published as Chapter 14 of this title. The Bureau Procurement Regulations which implement and supplement the FPR and IPR are published as Chapter 14H of this title. It is the basic policy of the Bureau to apply the Federal Procurement Regulations and the Interior Procurement Regulations. Thus, as to most elements of the procurement process, substantive guidelines will be