Page images
PDF
EPUB
[blocks in formation]

§ 14-9.107-3 Policy.

It is the policy of the Department of the Interior to adopt, without modification, the provisions of OMB Bulletin No. 81-22 dated June 30, 1981, and any further implementation of Pub. L. 96517 under FPR Subpart 1-9.1.

PART 14-10-BONDS AND

INSURANCE

Subpart 14-10.4— Insurance Under Fixed-Price

Contracts

(b) Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify the Contracting Officer 30 days prior to the effective date of any cancellation or termination of the policy or certificate or any modification of the policy or certificate which adversely affects the interest of the Government in such insurance. The notice shall be sent by registered mail and shall identify this contract, the name and address of the contracting office, the policy and the insured.

(c) Prior to the commencement of work hereunder the Contractor shall furnish the Contracting Officer with acceptable evidence showing that the insurance coverage described in this clause has been obtained. [35 FR 290, Jan. 8, 1970, as amended at 41 FR 8972, Mar. 2, 1976. Redesignated and amended at 46 FR 61469, Dec. 17, 1981)

Sec. 14-10.401 Policy. 14-10.401-50 Insurance requirements for

aircraft services contracts. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), unless otherwise noted.

Subpart 14-10.4—Insurance Under

Fixed-Price Contracts

8 14-10.401 Policy.

(a) It is the policy of the Department to insure its own risks only when such action is in the best interest of the Government. Circumstances where insurance may be required are listed under FPR 1-10.301 and 110.401. In these situations, the clause set forth in paragraph (b) of this section shall be used.

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

INDEMNIFICATION (a) 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

8 14-10.401-50 Insurance requirements for

aircraft services contracts. (a) Policy. It is the policy of the Department to establish minimum insurance requirements for certain types of aircraft services contracts in order to protect the Government and its contractors. These requirements are contained in the clauses set forth under (c) below and are in accordance with FPR 1-10.301.

(b) Applicability. The clauses prescribed by this section are applicable to all contracts involving use of aircraft with contractor or Governmentfurnished pilot except for one-time charters when the Government exposure is minimal and time limitations are present.

(c) Clauses. (1) The following clause shall be inserted in all contracts for operation of aircraft with contractorfurnished pilot:

RISK AND INDEMNITIES 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, a Certificate of Insurance shall be delivered to the Contracting Officer.

in the policy, or $10,000.00, whichever is less.

(2) Not In-Motion Accidents-Up to $250.00 per accident. Such reimbursement shall not be made, however, for loss or damage to the aircraft resulting from (1) normal wear and tear, (2) negligence or fault in maintenance of the aircraft by the Contractor, or (3) a defect in construction of the aircraft or component thereof.

(e) If damage to the aircraft is established to be the fault of the Government, rental payments to the Contractor during the repair period will be made as set forth elsewhere in this contract. The Government may, at its option, make necessary repairs or return the aircraft to the Contractor for repair. In the event the aircraft is lost, destroyed, or damaged so extensively as to be beyond repair, no rental payment will be made to the Contractor thereafter.

(f) Any failure to agree as to the responsiblity of the Government or the Contractor under this clause shall, after a final finding and determination by the Contracting Officer, be considered a dispute within the meaning of the “Disputes" clause of this contract.

(End of Clause) (2) For contracts involving the use of aircraft with Government-furnished pilot where the Government does not have a property interest, insert the following clause:

LIABILITY FOR LOSS OR DAMAGE

(End of Clause) (3) For contracts involving the use of aircraft with Government-furnished pilot where the Government has a property interest (e.g., lease with purchase option) insert the following clause:

LIABILITY FOR LOSS OR DAMAGE (PROPERTY

INTEREST)

(a) The Contractor shall indemnify and hold the Government harmless from any and all loss or damage to the aircraft furnished under this contract except as provided in paragraph (d) below. For the purpose of fulfilling its obligation under this clause, the Contractor shall procure and maintain during the term of this contract, and any extension thereof, hull insurance acceptable to the Contracting Officer. The Contractor's insurance coverage shall apply to pilots furnished by the Government who operate the aircraft. The contractor may request a list of Government pilots by name and qualification who are potential pilots.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a copy of the insurance policy or policies or a certificate of insurance issued by the underwriter(s) showing that the coverage required by this clause has been obtained.

(c) Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify the Contracting Officer 30 days prior to the effective date of any cancellation or termination of any policy or certificate or any modification of a policy or certificate which adversely affects the interests of the Government in such insurance. The notice shall be sent by registered mail and shall identify this contract, the name and address of the contracting office, the policy, and the insured.

(d) If the aircraft is damaged or destroyed while in the custody and control of the Government, the Government will reimburse the Contractor for the deductible stipulated in the insurance coverage (if any) as follows:

(1) In-Motion Accidents-Up to 5% of the current insured value of the aircraft stated

(a) The Government assumes all risk and liability for damage to or loss of the aircraft for the term of this contract, while the aircraft is in the Government's possession, except for (1) normal wear and tear to the aircraft, or (2) loss which occurs as a result of negligence or fault in maintenance of the aircraft by the contractor, or (3) loss resulting from a latent defect in the construction of the aircraft or a component thereof.

(b) In the event of damage to the aircraft, the Government may, at its option, make the necessary repairs with its own facilities, or by contract, or pay the Contractor the reasonable cost of repair of the aircraft. If damage to the aircraft is established to be the fault of the Government, rental payments to the Contractor during the repair period will be made as set forth elsewhere in this contract.

(c) In the event the aircraft is lost, destroyed, or damaged so extensively as to be beyond repair, no rental payment will be made to the Contractor thereafter, but the Government will pay to the Contractor a sum equal to the fair market value of the

[blocks in formation]

aircraft just prior to such loss, destruction, or extensive damage, less the salvage value of the aircraft.

(d) The Contractor certifies that the contract price does not include any cost attributable to insurance or to any reserved fund it has established to protect its interests in or use of the aircraft, regardless of whether or not the insurance coverage applies for the period during which the Government has possession of the aircraft. If, in the event of loss or damage to the aircraft, the Contractor receives compensation for such loss or damage, in any form, from any source, the amount of such compensation shall be credited to the Government in determining the amount of the Government's liability under this clause; except that this shall not apply to proceeds of insurance received solely as an advance of insurance pending determination of Government liability, or for an increment of value of the aircraft beyond the value for which the Government is responsible.

(e) In the event of loss or damage, the Government shall be subrogated to all rights of recovery by the Contractor against third parties for such loss or damage and such rights shall be immediately assigned to the Government. Except as the Contracting Officer may permit in writing, the Contractor shall neither release nor discharge any third party from liability for such loss or damage nor otherwise compromise or adversely affect the Government's subrogation or other rights hereunder. The Contractor shall cooperate with the Government in any suit or action undertaken by the Government against any such third party.

(f) Any failure to agree as to the responsi. bility of the Government or the Contractor under this clause shall, after a final finding and determination by the Contracting Office, be considered a dispute within the meaning of the "Disputes" clause of this contract.

8 14-16.703 Terms, conditions and provi.

sions All contracts for architect-engineer services shall contain the “Key Personnel" clause prescribed under FPR $ 1-7.304-6. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301) [46 FR 61471, Dec. 17, 1981)

Subpart 14-16.8—Miscellaneous

Forms

[End of Clause)

(46 FR 61470, Dec. 17, 1981)

8 14-16.850 Department of the Interior

forms. The following Department of the Interior forms will be used as indicated, and are stocked as a supply item in Storage and Shipping, Office of Administrative Services, Department of the Interior, Washington, D.C. 20240.

(a) DI-83, Notice of Assignment. This form shall be used to provide appropriate notice of assignment of payments under contract as provided in

14-30.704 of this chapter.

(b) DI-84, Instrument of Assignment. This form shall be used to make assignment of payments due under contracts as provided in § 14-30.704 of this chapter.

(c) DI-137, Release of Claims. This form shall be used to obtain a release of claims under contracts as provided in § 14-1.350 of this chapter.

PART 14-11-FEDERAL, STATE, AND

LOCAL TAXES

Subpart 14-11.3—State and Local

Taxes

8 14-11.302 Applicability.

The clauses prescribed for use in fixed-price construction contracts in States with sales, excise, and use taxes may be found in 8 14-7.650-5 of this chapter.

(5 U.S.C. 301) (46 FR 7986, Jan. 26, 1981)

Subpart 14-18.1-General Provisions

PART 14-17-EXTRAORDINARY

CONTRACTUAL ACTIONS TO FACILITATE THE NATIONAL DEFENSE

Subpart 14-17.1-General

Sec.
14-17.101 Authority.
14-17.150 Policy.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301.

SOURCE: 46 FR 61471, Dec. 17, 1981, unless otherwise noted.

Subpart 14-17.1-General

§ 14-17.101 Authority.

The Assistant Secretary-Policy, Budget and Administration must approve in advance any actions taken pursuant to FPR 1-17.103. The Secretary must approve any provision for the Government to indemnify a Contractor beyond the amount of the contract for liability to third persons as provided under Executive Order 10789, as amended. Approval of such an indemnification provision must be obtained prior to issuance of the solicitation.

8 14-18.150 Prohibition against use of

lead-based paint. (a) Policy. The Lead-Based Paint Poisoning Prevention Act, (42 U.S.C. 4831), as amended by the National Consumer Health Information and Health Promotion Act of 1976 (Sec. 204, Pub. L. 94-317 (42 U.S.C. 4831)), prohibits the use of lead-based paint in Federal or federally-assisted construction or rehabilitation of residential structures. Implementing regulations of the Secretary of Housing and Urban Development under 24 CFR Part 35 requires agencies to include appropriate provisions in contracts or subcontracts for construction or rehabilitation of residential structures.

(b) Definitions. As used in this section, "residential structure" means any house, apartment, or structure intended for human habitation including any institutional structure where persons reside such as orphanage, boarding school dormitory, day care center, or extended care facility.

(c) Procedures. The following provision shall be included in all solicitations and contracts awarded for construction or rehabilitation of residential structures:

PROHIBITION AGAINST USE OF LEAD-BASED

PAINT

8 14-17.150 Policy.

It is the policy of the Department of the Interior to include the indemnification provision set forth in FPR 17.204-5 only in contracts which facilitate the national defense and are for products or services which entail risks that are unusually hazardous or nuclear in nature. For all other contracts requiring insurance, the clause set forth under FPR 1-7.204-5 must be modified as prescribed in IPR 147.204-5.

No lead-based paint containing more than .5 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both, or with respect to paint manufactured after June 23, 1977, no lead-based paint containing more than .06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both, shall be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

PART 14-18-PROCUREMENT OF

CONSTRUCTION

Subpart 14-18.1-General Provisions

[blocks in formation]

Subpart 14-18.6—Buy American Act 8 14-18.604 Invitation provision.

The provision set forth under FPR 1-18.604 shall be used in all solicitations for affected construction work (except for contracts executed on Standard Form 19) with the following modifications:

(a) At the end of paragraph (a) of the provision, list the excepted articles, materials, and supplies set forth under IPR 14-6.105.

(b) At the end of paragraph (b)(2)(i) of the provision, add the following: ADDITIONAL NONDOMESTIC CONSTRUCTION

MATERIALS COST COMPARISON

Cost

Identification of material

Quanti

ty

(dollars)

vessel from or to a foreign country,
the contracting officer shall formally
notify the contractor of the specific
requirements of the “Use of U.S. Flag
Commercial Vessels" clause set forth
under FPR 1-19.108-2. The notifica-
tion shall include a statement that
failure to comply with the provisions
of this clause may result in a determi-
nation of nonresponsibility on future
Government procurement require-
ments.

(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5
U.S.C. 301)
[46 FR 61471, Dec. 17, 1981)

PART 14-26-CONTRACT

MODIFICATIONS

Item 1:

Nondomestic materials.

Comparable domestic material
Item 2:

Nondomestic material
Comparable domestic material

Totals: .....

Delivered to construction site.

(c) Add the following statement to the end of paragraph (b)(3): “However, unless the bidder/offeror specifically states that alternate bid or proposal prices are being submitted for specific items of the bid schedule (based on prices listed for comparable domestic materials), the bid or proposal will be evaluated only on the basis of nondomestic construction materials.” (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301) (46 FR 61471, Dec. 17, 1981)

Subpart 14–26.4—Novation and

Change of Name Agreements 8 14-26.402 Agreement to recognize a suc

cessor in interest. For protection of Government rights in accrual of inventions, patents and data, the novation agreement form set forth under FPR $ 1-26.402(e) shall be amended by adding the following item 10 to the "Now Therefore" section of the agreement:

10. The Transferor agrees that any rights in inventions, patents, and data which accrue to the Government or to third party beneficiaries under the contracts between the Transferor and the Government shall not be diminished as a result of the transfer instruments or this agreement. (Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c), 5 U.S.C. 301) [39 FR 12103, Apr. 3, 1974, as amended at 46 FR 61471, Dec. 17, 1981)

PART 14-30_CONTRACT FINANCING

PART 14-19— TRANSPORTATION

Subpart 14-19.1-Goneral Sec. 14-19.108 Ocean transportation. 14-19.108-50 Contractor compliance.

Subpart 14-19.1-General

8 14–19.108 Ocean transportation.
(5 U.S.C. 301)
(43 FR 59842 Dec. 22, 1978)

Subpart 14-30.4-Advance Payments
Sec.
14-30.414 Agreement for special bank ac-

count and contract provisions. 14-30.414-2 Contract provisions for ad

vance payments.
Subpart 14-30.7-Assignment

of Claims
14-30.704 Forms for assignment and notice

of assignment. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301.

8 14-19.108-50 Contractor compliance.

Concurrent with the award of any contract involving shipment by ocean

« PreviousContinue »