site or facility comprising the proposed project, for familiarization with the scope, the general conditions governing the performance of the work, and the conditions under which the project will be constructed; and the coordination with using elements to develop functional relationships and special detailed requirements. This limitation, however, does not apply to the cost of making other field investigations and surveys; such as topographical surveys; soil borings; soil, chemical, mechanical, and similar fact-finding surveys; and investigations. Similarly, the 6-percent fee limitation does not apply to travel and per diem; mechanical reproduction; services furnished for the supervision and inspection of construction; master planning; making technical studies, investigations and reports; preparing technical operating or maintenance manuals; and similar services not involving the production of designs, plans, drawings, and specifications for specific projects.

(c) For cost reimbursable contracts the contract price, which includes the fixed or incentive fee plus the total reimbursable costs to be paid to the A-E, shall not exceed six percent (6%) of the estimated cost of the construction project to which such services apply. If, however, the contract also covers the types of services discussed in paragraph (b) of this section, to which the fee limitation does not apply, that part of the contract price for such other services shall not be subject to the 6-percent limitation.

(d) For modifications involving work not initially included in the contract, the fee limitation is applicable, as applies to the revised total estimated construction costs. Where redesign is required and the contract is modified, the following method shall be used to insure that the 6-percent statutory limitation is not exceeded:

(1) The estimated construction cost of the redesigned features will be added to the original estimated construction costs; and

(2) The contract cost for the original design will be added to the contract cost for redesign;

(3) The total contract design cost obtained by paragraph (d)(2) of this section will be divided by the total con

struction cost obtained by paragraph (d)(1) of this section. The resulting percentage may not exceed the six percent (6%) statutory limitation.

(e) When the "Statement of Work" contemplates furnishing services subject to the 6-percent limitation and services not subject to that limitation, the fee negotiated for each class of service shall be separately stated in the contract.

§ 12-50.206 Release of information.

The list of qualified firms in order of preference is for the internal use of the Department, and such information shall at no time be made known to the firms under consideration or to any other nongovernmental source. Information may be released by the contracting officer, unless precluded by security considerations, identifying the A-E selected for negotiations and describing the work in general terms. If negotiations are terminated without consummating a contract, the contracting officer may release such information and state that negotiations will be undertaken with another (named) A-E. When an award has been made, the contracting officer will release this information, giving notice of the award to any firms interviewed by the Selection Board.

Subpart 12-50.3-Procurement of Expert or Consultant Services

§ 12-50.300 Scope of subpart.

This subpart sets forth policy and procedures for the procurement by contract, pursuant to 5 U.S.C. 3109, of expert or consultant services from individuals and from firms. This subpart does not govern employment of individual experts or consultants by excepted appointment; the requirements for such employment are set forth in personnel regulations of the Civil Service Commission and of the Department.

§ 12-50.301 Negotiation authority.

Contracts with individuals or firms for expert and consultant services are usually negotiated, normally under the authority of 41 U.S.C. 252(c)(4), or 10 U.S.C. 2304(a)(4), as applicable.

§ 12-50.302 Definition of experts and consultants.

(a) The term "experts" means those persons who are exceptionally qualified in a particular field, by education or by experience, to perform some specialized service. The term "consultants" means those persons whose advice and counsel are sought on matters of Departmental interest. These terms also include firms meeting the foregoing definitions.

(b) Stenographic reporting services are included in the term "expert or consultant services" for purposes of procurement by contract under this subpart.

§ 12-50.303 Policy.

(a) The proper use of experts and consultants is a legitimate and economical way to improve Government services and operations. Activities of the Department can be strengthened by utilizing the highly specialized knowledge and skills of such individuals. Accordingly, the services of experts and consultants may be used at any organizational level to help managers achieve maximum effectiveness and economy in their operations.

(b) The following are examples of services which may be procured from experts or consultants by contract:

(1) Specialized opinion unavailable in the Department;

(2) Outside points of view, to avoid too limited judgment, on critical administrative or technical issues;

(3) Advice on developments in industrial and other research;

(4) For especially important projects, opinions of noted experts which are highly important to the success of an undertaking;

(5) The advisory participation of citizens to develop or implement Government programs that by their nature or by statute call for citizen participation;

(6) The services of specialists (experts) who are not needed full time, who cannot serve regularly or full time, or whose full-time employment is uneconomical to the Government.

§ 12-50.304 Limitations on use of expert or consultant authority.

(a) Authority to employ experts or consultants, whether by contract or by appointment, is limited to Secretarial officers and heads of operating administrations. They shall not be used to perform duties which can be performed by regular employees, to fill positions which call for full-time continuing employees, or to circumvent competitive civil service procedures and Classification Act pay limits. The prior approval of the Under Secretary is required for any expert or consultant contract or series of contracts with the same individual or firm that will reimburse him for a total of more than 10 days' work in any consecutive 12-month period.

(b) The nature of the duties to be performed must be temporary (not more than 1 year) or intermittent (not cumulatively more than 130 working days in any consecutive 12-month period), and no contract shall be entered into for longer than 1 year at a time.

(c) Expert or consultant services shall not be used when existing facilities of the Department are adequate or when personnel with the necessary skills can be obtained through normal civil service appointment procedures. Procurement of expert or consultant services shall not be used as a means of circumventing manpower space ceilings or the limit on the daily rate that experts or consultants may be paid under section 9.b of the DOT Act.

§ 12-50.305 Justification to enter into contracts.

(a) All contracts to be entered into pursuant to 5 U.S.C. 3109 or other statutory authority for expert or consultant services must be justified in writing and the justification signed by the appropriate Secretarial officer or head of operating Administration. Ordinarily each contract shall be separately authorized. However, when the justification can appropriately be made with respect to a class of contracts, the authorizing official may execute a blanket authority for that class of contracts.

(b) Each justification shall authorize a contract or class of contracts to be

entered into during a stated period not to exceed 1 year. A justification may be issued during 1 fiscal year to authorize a contract or class of contracts to be entered into during the following fiscal year, provided the determinations are reasonably expected to hold true at the time the contract or contracts are to be entered into.

(c) Each justification shall contain the following:

(1) A brief description of the services authorized to be procured, the estimated time of performance, and the estimated cost;

(2) Determination with respect to the particular contract or class of contracts that:

(i) The duties to be performed are of a temporary or intermittent nature;

(ii) The existing facilities of this Department are inadequate to furnish the services; and

(iii) It is not feasible to obtain personnel with the necessary skills from other Federal agencies or through normal civil service appointment procedures.

§ 12-50.306 Contracts with individual experts or consultants.

§ 12-50.306-1 Method and amount of payment.

The contract may provide for compensation at rate for time actually worked (e.g., amount per day, per week, per month, etc.), or it may provide for performance of a specific task at a fixed price, or it may provide for nominal compensation. The amount of rate of payment will be determined on a case-by-case basis, taking into account (among any other relevant factors) the relative importance of the duties to be performed, the stature of the individual in his specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, rates paid by private employers, and rates previously paid other experts or consultants for similar work. Compensation at a per diem rate will be no more than that permitted by statutory authority and normally no less than $55. In addition, the contract may provide for such expenses as would be authorized for a Government employee, including

actual transportation and per diem in lieu of subsistence while the expert or consultant is traveling between his home or place of business and his offiIcial duty station. However, no more than one round trip to the official duty station shall be provided unless the services are rendered on an intermittent basis.

§ 12-50.306-2 Benefits.

No benefits shall be accorded the contractor which are not specifically provided for in the written contract. § 12-50.306-3 Taxes.

Where the individual is to render services, the compensation generally is subject to FICA (Social Security), FUTA (Unemployment), and Federal income withholding tax. It may also be necessary to report or withhold State income tax under 5 U.S.C. 84b. The contracting officer shall take appropriate steps in coordination with the cognizant personnel office to have deductions and reports made where required by law.

§ 12-50.306-4 Conflict of interest.

The contracting officer shall assure himself that individual experts or consultants who are to render services under contract, familiarize themselves with Executive Order 11222, May 8, 1965, "Standards of Conduct for Special Government Employees," 30 FR 6469 (1965), and that they comply with it and with departmental regulations implementing it.

§ 12-50.306-5 Administrative treatment.

Individual experts or consultants who are to render personal services under contract are charged against personnel ceilings in the same way as experts and consultants employed by excepted appointment. Also, the cognizant personnel office must maintain certain records on individual experts and consultants who render personal services. Therefore, the contracting officer shall effect necessary coordination with the cognizant personnel office before award of a contract for expert or consultant services, and may also designate the appropriate personnel officer as his representative for the purpose of obtaining necessary

data from the contractor for tax withholding purposes, for suitability investigation under Executive Order 10450 and for administering applicable conflict of interest provisions.

§ 12-50.307 Contracts

with firms for expert or consultant services. Contracts with firms for expert or consultant services ordinarily need deal only with rights and obligations as between the Government and the firm, and need not deal with the question of compensation by the firm of the individuals it assigns to the work or with any other rights or obligations as between the firm and these individuals.

§ 12-50.308 Contracts for stenographic reporting services.

Stenographic reporting services normally are provided by Federal Government employees appointed under the usual civil service procedures. However, these services may be procured by contract from individuals or firms pursuant to 5 U.S.C. 3109, or other statutory authority where there are variable requirements or insufficient qualified personnel, and necessity or economy to the Government demands procurement by contract. Such contracts normally shall be written on an end-product basis and payment made according to delivered items (e.g., number of copies of transcript, words per page, etc.), and the contractor ordinarily shall be required to furnish the necessary material (typewriter, paper, bindings, etc.). These contracts are subject to all provisions of this subpart.

§ 12-50.309 Modification of contracts.

When supplemental agreements or change orders are required which substantially change the basis upon which the justification was made, such as to revise substantially the scope of work or time limitations, or to apply additional funds, authorization shall be requested in the same way and is subject to the same limitations as authorization to procure the total services by contract would have required in the first place.

Subpart 12-50.4-Procurement of Mortuary Services

§ 12-50.400 Scope of subpart.

This subpart is applicable only to the Coast Guard. It sets forth procurement procedures peculiar to contracts for mortuary services (the care of remains) of Coast Guard personnel.

§ 12-50.401 Procurement by contract.

(a) Where an existing contract for the care of remains is not available for Coast Guard use, procurement of such services shall be formally advertised except where negotiation is authorized, consistent with limitations and requirements set forth in Chapter 12B of the Coast Guard Personnel Manual.

(b) The contract format, terms and conditions, and clauses set forth in this subpart are appropriate for inclusion in a requirements type contract. They should be altered as deemed necessary by the contracting officer to fit a different contract type or procurement situation.

§ 12-50.402 Area of performance.

Each contract for care of remains shall clearly define the geographical area covered by the contract. The area shall be determined by the activity entering into the contract in accordance with the following general guidelines. It shall be an area using political boundaries, streets, and other features as demarcation lines. Generally, this should be a size roughly equivalent to the contiguous metropolitan or municipal area enlarged to include the activities served. In the event the area of performance best suited to the needs of a particular contract is not large enough to include a carrier terminal commonly used by people within such area, the contract area of performance shall specifically state that it includes such terminal as a pickup or delivery point.

§ 12-50.403 Solicitation provision.

Invitations for bids for mortuary services contracts shall contain the provision set forth below. This provision shall be appropriately modified for use in requests for proposals.

each

each

................. each

each

(Loaded mile)

§ 12-50.405 Contract clauses.

The following clauses shall, if appropriate, be included in contracts for mortuary services.

§ 12-50.405-1 Requirements.

REQUIREMENTS

(a) This is a requirements contract for the supplies or services specified in the Schedule, and for the period set forth in this contract. Delivery of supplies or performance of services shall be made only as authorized by orders issued in accordance with the clause entitled "Delivery Orders and Invoices." The quantities of supplies or services specified herein are estimates only and are not purchased hereby. Except as may be otherwise provided herein, in the event the Government's requirements for supplies or services set forth in the Schedule do not result in orders in the amounts or quantities described as "estimated" or "maximum" in the Schedule, such event shall not constitute the basis for an equitable price adjustment under this contract.

(b) The Government shall order from the Contractor all the supplies, services, and transportation set forth in the Schedule which are required to be purchased by the Government activity named herein, and the Contractor shall furnish to the Government

such supplies, services, and transportation as may be ordered by the Contracting Officer. The Government, however, reserves the right not to order supplies and services under this contract in instances where the body is removed from the area for medical, scientific, or other cogent reason. In the event of an epidemic or other emergency, the Contractor shall not be required to provide services in excess of the capacity of his facilities.

§ 12-50.405-2 Contract period.

CONTRACT PERIOD

Any contract awarded as a result of bids submitted under this Invitation for Bids shall extend from through

§ 12-50.405-3 Area of performance.

AREA OF PERFORMANCE

(a) The area of performance is specified elsewhere in this contract. This contract includes taking possession of the remains at the place where they are located, transporting them to the Contractor's place of preparation and transporting them thereafter to a place designated by the Contracting Officer. The Contractor shall not be entitled to reimbursement for transportation when both the place where the remains were lo