# Revision of Department of Transportation Acquisition Regulations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-1591 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** February 1, 1994 ## Text DEPARTMENT OF TRANSPORTATION 48 CFR Chapter 12 [Docket 49356; Notice 94-1] RIN 2105-AB75 Revision of Department of Transportation Acquisition Regulations AGENCY: Transportation. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: The Department is proposing to revise the Transportation Acquisition Regulation (TAR). The TAR has been rewritten in its entirety to eliminate coverage that is unnecessary (e.g., duplicates the Federal Acquisition Regulation (FAR) or other directives; adds no value), to present clear coverage that is written in plain English, and to retain only that coverage considered suitable for a regulation. These efforts would create a 1994 edition of the TAR that is in line with the Reinventing Government initiatives by creating a simpler, more comprehensible, and less burdensome regulation. The 1994 edition of the TAR would replace the 1988 edition. DATES: Comments on the proposal must be received on or before April 4, 1994. ADDRESSES: Interested parties should submit written comments, preferably in triplicate, to Docket Clerk, Docket No. 49356, Department of Transportation, 400 7th Street, SW., Room 4107, Washington, DC, 20590. Please cite TAR rewrite in all correspondence concerning this proposal. FOR FURTHER INFORMATION CONTACT: Elaine Wheeler, Office of Acquisition and Grant Management, M-61, 400 Seventh Street SW., Washington, DC 20590: (202) 366-4272. SUPPLEMENTARY INFORMATION: A. Background The Department of Transportation (DOT) conducted a comprehensive review of the September 1988 version of the Transportation Acquisition Regulation (TAR) with the goal of streamlining processes, removing guidance applicable to DOT internal operating procedures, and eliminating unnecessary burdens. As a result, the Transportation Acquisition Regulatory Council System, under the direction of the Senior Procurement Executive, has undertaken the complete rewrite of the TAR. The rewrite project was conducted in consonance with the National Performance Review (NPR) initiatives. Under the Transportation Acquisition Regulatory Council System, all elements of the DOT had an opportunity to participate in the development of the new TAR, and to devise processes that were the most efficient and least burdensome on its users. The same holds true for the delegations of authority and responsibility for internal acquisition functions. Authority and responsibility have been delegated as low as is reasonable or permitted by higher level regulation or statute. These changes empower employees in accordance with the NPR initiatives. The project examined all DOT acquisition issuances including internal directives, orders, and notices to ensure the information is necessary, accurate and current, and located in the appropriate document. When rewriting the TAR, care was taken to eliminate unnecessary coverage including clauses and forms, and to remove coverage pertaining to internal DOT operations (including delegations of authority) and to place any needed coverage into internal guidance. The goal of the rewriting effort was to ensure that the TAR would contain only that coverage appropriate for an acquisition regulation and enable continual improvement of the regulation through new, innovative processes and streamlining initiatives. The rewritten TAR is being published for public comment. Comments on this proposal are requested within 30 days of this publication in order to implement the NPR initiatives as expeditiously as possible. All public comments received in response to this notice will be considered in developing the final version of the TAR. Parties responding to this notice are requested to separate their comments by TAR part and address the specific cite (e.g., 1201.104-1). The rewritten TAR would be rearranged and, in some instances, moved to other parts, to more closely align the TAR text with the FAR text it implements or supplements. The rewritten TAR includes changes which are identified in the following discussion of revisions by part. Those parts which contain no coverage, but have been reserved, are Parts 1211, 1218, 1220, 1221, 1225, 1226, 1229, 1230, 1238 through 1241, 1243, 1244, and 1248 through 1251. Part 1201, Federal Acquisition Regulations System. Section 1201.104 would be changed to clarify the TAR numbering system. Coverage specifying the Office of Acquisition and Grant Management as having responsibility for the review and coordination of cases submitted by DOT to the Civilian Agency Acquisition Council would be reflected in Section 1201.201. Section 1201.301 would clarify that the Senior Procurement Executive would be delegated the authority to issue agency acquisition regulations and procedures under FAR 1.301 and would describe the TAR Council System, how changes will be made to the TAR, and when those changes would be effective. The TAR Council System provides a structure and a control and compliance mechanism within which changes to the TAR will be made. This is discussed in Section 1201.304. The authority for granting individual deviations to the FAR and TAR would be delegated down to the Head of the Contracting Activity, as reflected in Section 1201.403. Section 1201.602 would be changed to clearly state that procurements are to be made by authorized personnel and provides the action which may occur against individuals causing an unauthorized commitment. Part 1202, Definitions of Words and Terms. A definition for ``Agency,'' ``Federal agency,'' or ``Executive agency'' would be added. The definitions for the ``Head of the agency'' and ``Head of the Contracting Activity'' would be changed. The definition for the ``Department of Transportation'' would be updated. The terms ``Operating administration,'' ``Head of the operating administration,'' ``Chief of the Contracting Office,'' ``Contracting activity,'' and ``contracting officer,'' would be defined. Part 1203, Improper Business Practices and Personal Conflicts of Interest. Subpart 1203.1 would be revised to provide the statutory reference for standards of ethical conduct for Executive Branch employees, and to provide procedures for processing violations or possible violations. Subparts 1203.5, 1203.6, 1203.70 and 1203.71 would be removed and new Subparts 1203.1, 1203.2, 1203.3, 1204.4, 1203.5 and 1203.8 would be included to provide procedures for reporting/processing suspected improper business practices. Part 1204, Administrative Matters. Would remove DOT internal contract distribution and acquisition funding requirements; would increase the quick closeout threshold from $1 to 3 million or less to reduce the backlog of contracts pending closeout; would relocate from part 1253, DOT Forms F 4220.4, F 4220.45 (formerly F 4220.5) and F 4220.46 (formerly F 4220.6) and DOD Form 882 which apply to contract closeouts. Part 1205, Publicizing Contract Actions. Would include a recommendation for meeting the FAR requirement for public examination of solicitations. Would include information concerning the availability of the DOT annual procurement forecast. Would revise the policy for furnishing contract award information and include a reference to the DOT Freedom of Information Act (FOIA) rules and regulations to cover requests for specific contract award information. Would remove internal DOT administrative guidance. Part 1206, Competition Requirements. Subparts 1206.1, and 1206.3 would be removed because they provide internal administrative guidance. Subpart 1206.5 would be replaced with new coverage on Competition Advocate requirements. Part 1207, Acquisition Planning. This part would reflect the deletion of TAR clauses 1252.207-70, Implementation of Right of First Refusal of Employment, and 1252.207-71, Financial and Technical Ability, as unnecessary. TAR 1207.370 would be deleted since FAR provides sufficient guidance and Section 1207.401 would be removed because it provides internal guidance. Part 1208, Required Sources of Supplies and Services. This part would be deleted since it duplicated coverage in the FAR. Part 1209, Contractor Qualifications. This part would be modified to remove internal administrative coverage at (TAR) 48 CFR 1209.104 Standards and 1209.3 First Article Testing and Approval. Subpart (TAR) 48 CFR 1209.4 Debarment, Suspension and Ineligibility would be revised to include debarment and suspension procedures. Part 1210, Specifications, Standards, and Other Purchase Descriptions. The coverage at (TAR) 48 CFR 1210.004-70 and (TAR) 48 CFR 1210.004-71 would be deleted as unnecessary since it is covered in FAR. The clause (TAR) 48 CFR 1252.217-70 (renumbered 1252.210-71), Index for Specifications, would be transferred from part 1217 and placed in the more appropriate part 1210. The provision at (TAR) 48 CFR 1252.210-70, Brand Name or Equal, would be modified to permit its use in all solicitations when appropriate. Guidance for the U.S. Coast Guard (USCG) would be added which incorporates the USCG clause at 1252.210- 90, Bar Coding Requirement, when the bar coding of supplies is necessary. Part 1212, Contract Delivery or Performance. Would delete clause (TAR) 48 CFR 1252.212-71, Notice of Delay, because it duplicated coverage in the FAR. Would add (TAR) 48 CFR 1212.302 coverage on Priorities and Allocations, to advise that the Coast Guard is the only DOT operating administration given authority by the Department of Commerce to issue rated orders and contracts. Part 1213, Small Purchase and Other Simplified Purchase Procedures. Would remove internal administrative guidance concerning small purchases, basic purchasing agreements, and imprest funds. Would include in the USCG guidance to part 1252, the USCG clause (TAR) 48 CFR 1252.213-90, Evaluation Factor for Coast Guard Performance of Bar Coding Requirement. Part 1214, Sealed Bidding. Subsection (TAR) 48 CFR 1214.205-1 would provide agency procedures for notifying prospective bidders that they have been added to solicitation mailing lists, and guidance for obtaining supplemental information to the Standard Form 129. Section (TAR) 48 CFR 1214.303 would provide guidelines for receiving a withdrawal of a bid in person. Other coverage would be deleted as unnecessary. Part 1215, Contracting by Negotiation. Coverage pertaining to precontract costs would be covered under a more appropriate part 1231. The provision at (TAR) 48 CFR 1252.209-71, Disclosure of Conflicts of Interest, would be transferred to a more appropriate part 1209. The clause at (TAR) 48 CFR 1252.215-71, Key personnel and facilities, would be edited and renumbered as 1252.215-70. For ease of completion, the clause at (TAR) 48 CFR 1252.215-72, Cost Proposal Instructions, would be edited and reformatted into TAR form DOT F 4220.44, Contract Pricing Summary (see (TAR) 48 CFR 1215.804-6). Coverage would be added to (TAR) 48 CFR section 1215.413 to explain under what conditions proposals may be released outside the Government. (TAR) 48 CFR 1215.612 would be revised to identify location of procedures for formal source selection. (TAR) 48 CFR 1215.804 would be modified to remind contracting officers when partial/limited cost or pricing data may be required and the circumstances when certified cost or pricing data may be required. (TAR) 48 CFR 1215.970 pertaining to profit for letter contracts (i.e., an undefinitized action) would be transferred from (TAR) 48 CFR 1216.603 and expanded to include all undefinitized actions. Other coverage would be deleted because it was unnecessary or redundant with the FAR. Part 1216, Types of Contracts. The clause at (TAR) 48 CFR 1252.216- 71, Evaluation of Proposals Subject to Economic Price Adjustment, would be modified to streamline the coverage. The clauses at (TAR) 48 CFR 1252.216-72 and 1252.216-73 would be deleted as superfluous and a clause at (TAR) 48 CFR 1252.216-74, Settlement of Letter Contract, would be added to specify that the definitized contract results in the settlement of the letter contract. The remainder of the coverage would be removed because it provides internal administrative guidance or would be deleted as unnecessary. Part 1217, Special Contracting Methods. Subparts 1217.1 and 1217.4 would be removed because they contained internal administrative guidance. Subpart 1217.1 would be replaced with new coverage on multi- year procurement. The clauses prescribed in Subpart 1217.7000 would be revised to reflect simpler language. Subpart 1217.71 would be updated to reflect terminology changes. Part 1219, Small Business and Small Disadvantaged Business Concerns. This part would be modified to remove internal administrative guidance and to cancel the class set-aside for construction contracts since construction contracts are now covered by the Small Business Competitiveness Demonstration Program. A clause at (TAR) 48 CFR 1252.219-70 would be added to provide the address for submission of the SF-295, Summary Subcontract Report. The coverage would include DOT's 10 Targeted Industry Categories previously published for public comment in 54 FR 24069, as amended by 58 FR 27613, and the increase to the Emerging Small Business Reserve Amount published in 56 FR 46656. Part 1220, Labor Surplus Area Concerns. This part would be modified to add coverage required by Pub. L. 101-225, Coast Guard Authorization Act of 1989, Section 206. A USCG clause at (TAR) 48 CFR 1252.220-90, Local Hire Provisions, would be added for use in all contracts. Part 1222, Application of Labor Laws to Government Acquisitions. Would revise the prescription for clause 1252.222-72 to permit all DOT operating administrations to use it when warranted. Would delete clauses 1252.222-75, 1252.222-77, and 1252.222-79 which are superseded by FAR clauses. Would remove DOT internal administrative guidance and make editorial changes to clarify coverage on admittance of union representatives to DOT installations. Would add the assignment of a DOT labor coordinator. Would add 1222.406-9 to prescribe form DOT 4220.7 which is now illustrated under 1253. Part 1223, Environment, Conservation, Occupational Safety, and Drug-Free Workplace. Would remove internal administrative guidance dealing with the submission of notifications delaying contract awards. Would include clause 1252.223-70, Removal or Disposal of Hazardous Substances-Applicable Licenses and Permits, in solicitations and contracts involving the removal or disposal of hazardous waste material. Part 1224, Protection of Privacy and Freedom of Information. Would revise numbering to correspond to FAR coverage. Would reword coverage to more clearly define the applicability of the Privacy Act of 1974 and include guidance for requesting contract information under FOIA. Part 1225, Foreign Acquisition. Internal administrative requirements would be removed. A supplement would be added which contains Buy American Act requirements for steel and manufactured products pertaining only to the Federal Aviation Administration. Part 1227, Patents, Data and Copyrights. This part would be modified to remove coverage at (TAR) 48 CFR 1227.201-1, 1227.302, and 1227.409 since the coverage was already in the FAR. Part 1228, Bonds and Insurance. Would include a requirement for providing coverage for taxes imposed by the U.S. in performance bonds. Would substitute a recommendation to seek the advice of legal counsel concerning legal remedies which may be available under the Miller Act in lieu of specifying legal rights. Would revise the payment method for records obtained under FOIA by referencing the DOT FOIA regulation. Would remove the coverage at (TAR) 48 CFR 1228.106-7 concerning withholding contract payments and the right of subrogation to contract funds by a surety because it was confusing and unnecessary. Would renumber clauses 1252.228-70, Accident and Fire Reporting, 1252.223-71, Protection of Human Subjects, and 1252.228-72, Loss of or Damage to Leased Aircraft to remove a previously ``reserved'' TAR clause number. Would include in the USCG guidance to part 1252, USCG clause 1252.228- 90, Notification of Miller Act Payment Bond Protection. Part 1231, Contract Cost Principles and Procedures. Precontract cost coverage would be transferred from part 1215. In addition, to assist contracting officers and provide ready identification by contractors for the allowance of precontract costs, the clause at (TAR) 48 CFR 1252.231-70, Date of Incurrence of Costs, would be added. Part 1232, Contract Financing. Would remove DOT internal administrative guidance. Would remove paragraphs which paraphrase sections of FAR part 32. Would add Appendix A which is instructions for completing SF 1034s and SF 1035s submitted for payment under other than fixed price contracts. Part 1233, Protests, Disputes, and Appeals. Would remove internal administrative guidance concerning protests. Would include coverage concerning DOT Alternative Dispute Resolution (ADR) procedures, and location of DOT ADR resolution specialist and preferred neutral to perform the functions set forth in the Administrative Disputes Resolution Act. Part 1234, Major System Acquisition. The coverage would identify where DOT's internal operating procedures are located for the implementation of the Office of Management and Budget Circular A-109. Part 1235, Research and Development Contracting. Subpart 1235.003 would be removed and replaced with new coverage designated as 1235.003 which covers cost sharing. Internal administrative guidance on scientific and technical reports at Subpart 1235.010 would be removed. The coverage at (TAR) 48 CFR 1235.070 and the clause at (TAR) 48 CFR 1252.235-70 on recoupment of development costs would be deleted. Part 1236, Construction and Architect-Engineer Contracts. Would remove internal administrative guidance regarding government estimates of construction costs, liquidated damages provisions, award of construction contracts to architect-engineer firms, agenda for pre- construction conferences, conduct of architect-engineer evaluation boards, and negotiation of architect-engineer contracts. Would revise and reword criteria for selection of firms for architect-engineer contracts to eliminate duplication of FAR criteria and to more closely align with FAR coverage. Part 1237, Service Contracting. Would delete erroneous information on personal services contracts. Would remove unnecessary coverage on consulting and stenographic reporting services. The previous 1237.70, mortuary services, would be redesignated as guidance applicable to only the USCG since USCG is the only DOT operating administration which contracts for these services. The TAR coverage would remove unnecessary DOT internal administrative guidance and delete DOD clause 22.237-7111. The other DOD clauses would be given DOT numbers. Part 1242, Contract Administration. Would remove internal DOT administrative guidance and quick-closeout procedures and reinstate them under 1204. Would delete 1242.12 on novation and change of name agreements which is superseded by the FAR and would add clause (TAR) 48 CFR 1252.242-73, Contracting Officer's Technical Representative, to provide a standard DOT clause. Would add coverage on the affect of payment of invoices when contract administration is assigned to another office/agency. Part 1243, Contract Modifications. Would delete unnecessary coverage. Part 1244, Subcontracting Policies and Procedures. Would delete unnecessary coverage. Part 1245, Government Property. Would revise the entire coverage and remove DOT internal administrative guidance and would delete unnecessary requirements or requirements superseded by the FAR. Would revise (TAR) 48 CFR 1245.505-14 to delete unnecessary reporting requirements and convert remaining information collection requirements to a standard format (Form DOT F 4220.43). Part 1246, Quality Assurance. This part would be modified to remove internal administrative guidance at (TAR) 48 CFR 1246.702, and to move 1246.770 to USCG guidance at 1246.7. Part 1247, Transportation. Provisions and clauses would be added to implement the requirements of FAR part 47 with the goal of streamlining the process and eliminating the need for each contracting officer to develop their own language to meet these requirements. Part 1250, Extraordinary Contractual Actions. Would remove internal administrative guidance regarding contract adjustment boards, and the residual powers authority under Pub. L. 85-804. Part 1252, Solicitation Provisions and Contract Clauses. Revisions in provisions and clauses are identified in the discussion of the part which prescribes use of the provision or clause. Part 1253, Forms. Would delete DOD Forms DD 375, 1567, and 1568; DOT Forms F 4220.8 and F 4220.10; and FHWA Form 1140 which would be superseded by FAR forms. Would delete FAA Form 4450-2 as unnecessary. Would correct internal administrative errors on Form DOT F 4220.45 (erroneously numbered F 4220.5), Contractor's Assignment of Refunds, Rebates, Credits, and Other Amounts, and Form DOT F 4220.46 (erroneously numbered F 4220.6), Cumulative Claim and Reconciliation Statement. Would illustrate Form DOT F 4220.7, Employee Claim for Wage Restitution, which was previously referenced but not illustrated. Other revisions in forms are identified in the discussion of the part which prescribes use of the form. B. Regulatory Flexibility Act This proposal is not expected to have a significant economic impact on a substantial number of small entities because the basic policies remain unchanged. An Initial Regulatory Flexibility Analysis has not been performed. Comments are solicited from small businesses and other interested parties and will be considered in the development of the final rule. C. Paperwork Reduction Act The information collection requirements associated with this rule are being submitted to the Office of Management and Budget (OMB) for approval in accordance with 44 U.S.C. Chapter 35 under OMB No. 2105- 0517; Administration: Office of the Secretary of Transportation; Title: Transportation Acquisition Regulation; Need for Information: To solicit, negotiate, award, and administer contracts in accordance with the Federal Acquisition Regulation, other regulations, and statutes; Proposed Use of Information: to evaluate offers, ensure appropriate contract cost controls, and minimize conditions conducive to fraud, waste, and abuse; Frequency: on occasion; Burden Estimate: 56,375 hours; Forms(s): DOT F 4220.4, 7, 43, 44, 45, 46 and DD Form 882; Average Burden Hours Per Respondent: 1.372. Comments on the proposed information collection requirement should be sent to the DOT rulemaking docket for this proposed action and comments may also be submitted to: Office of Management and Budget, Office of Information and Regulatory Affairs, Washington, D.C. 20503, Attention: Desk Officer for the Department of Transportation. This proposal revises recordkeeping and information collection requirements and require approval of OMB under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Chapter 12 Government procurement. This NPRM is issued under delegated authority under 49 CFR part 1.59(q). This authority has been redelegated to the Senior Procurement Executive. Issued this 7th day of January 1994, at Washington, DC. Linda M. Higgins, Director of Acquisition and Grant Management. Adoption of Amendments For the reasons set out in the preamble, 48 CFR chapter 12 is revised to read as follows: PART 1201--FEDERAL ACQUISITION REGULATION SYSTEM Subpart 1201.1--Purpose, Authority, Issuance 1201.101 Purpose. 1201.102 Authority. 1201.103 Applicability. 1201.104 Issuance. 1201.104-1 Publication and code arrangement. 1201.104-2 Arrangement of regulations. 1201.104-3 Copies. 1201.105 OMB Approval Under the Paperwork Reduction Act. Subpart 1201.2--Administration 1201.201 Maintenance of the FAR. 1201.201-1 The two councils. Subpart 1201.3--Agency Acquisition Regulations 1201.301 Policy. 1201.301-70 Amendment of (TAR) 48 CFR chapter 12. 1201.301-71 Effective date. 1201.301-72 TAC or TN numbering. 1201.304 Agency control and compliance procedures. Subpart 1201.470--Deviations From the FAR and TAR 1201.403 Individual deviations. 1201.404 Class deviations. Subpart 1201.6--Contracting Authority and Responsibilities 1201.602-3 Ratification of unauthorized commitments. 1201.603-1 General. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1201.1--Purpose, Authority, Issuance 1201.101 Purpose. The Department of Transportation Acquisition Regulation (TAR) establishes uniform acquisition policies and procedures, which implement and supplement the Federal Acquisition Regulation (FAR). 1201.102 Authority. The Secretary of Transportation has delegated the authority to issue Department of Transportation (DOT) procurement regulations (i.e., the TAR) to the Assistant Secretary for Administration who has redelegated this authority to the Senior Procurement Executive (SPE). 1201.103 Applicability. (a) Statute, the FAR, and (TAR) 48 CFR chapter 12 apply to all acquisitions within the Department unless otherwise excluded by statute, the FAR or (TAR) 48 CFR chapter 12. (b) The following order of precedence applies to resolve any acquisition regulation or procedural inconsistency found within (TAR) 48 CFR chapter 12 or the Transportation Acquisition Manual (TAM) (stocked by the Government Printing Office): (1) Statute; (2) FAR or other applicable regulation; (3) TAR; (4) DOT Orders; and (5) TAM. (c) The Maritime Administration may depart from the requirements of the FAR and (TAR) 48 CFR chapter 12 as authorized by 40 U.S.C. 474(16), but shall adhere to those regulations to the maximum extent practicable. Exceptions from the requirements of the FAR and/or (TAR) 48 CFR chapter 12 shall be documented in Maritime Administration procedures or each contract file, as appropriate. 1201.104 Issuance. 1201.104-1 Publication and code arrangement. (a) The TAR is published in: (1) The Federal Register; (2) cumulated form in the CFR; and (3) separate loose-leaf form. (b) TAR is issued as Chapter 12 of Title 48 of the CFR. 1201.104-2 Arrangement of regulations. (a) General. The TAR, which encompasses both Departmentwide and operating administration-unique guidance (see Subpart 1201.3), conforms with the arrangement and numbering system prescribed by (FAR) 48 CFR 1.104. Operating administration-unique guidance contains the operating administration acronym directly preceding the cite/page number. The following acronyms apply when regulatory coverage is written: FAA--Federal Aviation Administration FHWA--Federal Highway Administration FRA--Federal Railroad Administration FTA--Federal Transit Administration MARAD--Maritime Administration NHTSA--National Highway Traffic Safety Administration OST--Office of the Secretary RSPA--Research and Special Programs Administration SLSDC--Saint Lawrence Seaway Development Corporation USCG--United States Coast Guard (b) Numbering--(1) Departmentwide guidance. (i) The numbering illustrations at (FAR) 48 CFR 1.104-2(b) apply to the TAR. (ii) Coverage within (TAR) 48 CFR chapter 12 is identified by the prefix ``12'' followed by the complete FAR cite which may be down to the subparagraph level (e.g., (TAR) 48 CFR 1201.201-1). (iii) Coverage in this Chapter 12 that supplements the FAR will use part, subpart, section and subsection numbers ending in ``70'' through ``89''. A series of numbers beginning with ``70'' is used for provisions and clauses (e.g., (TAR) 48 CFR 1201.301-70). (iv) Coverage in (TAR) 48 CFR chapter 12, other than that identified with a ``70'' or higher number, that implements the FAR uses the identical number sequence and caption of the FAR segment being implemented which may be down to the subparagraph level. Subparagraph numbers/letters may not be shown as sequential, but may be shown by the specific paragraph/subparagraph implemented from the FAR (e.g., (TAR) 48 CFR 1201.201-1 contains subparagraphs (b) and (d) because only these subparagraphs, correlating to FAR, are being implemented by (TAR) 48 CFR chapter 12). (2) Operating administration-unique guidance. Supplementary material for which there is no counterpart in the FAR or TAR shall be identified using chapter, part, subpart, section, or subsection numbers of ``90'' and up (e.g., the U.S. Coast Guard's acronym is ``USCG''; an USCG-unique clause pertaining to ``Inspection and/or Acceptance'' would be designated as ``USCG clause at (TAR) 48 CFR 1252.246-90'') and introductory captions will be followed by the acronym of the operating administration that the chapter, part, subpart, section, or subsection applies to (e.g., USCG-unique guidance pertaining to Miller Act notification would be designated ``1228.9000 Miller Act Notification (USCG)''. (c) References and citations. (TAR) 48 CFR chapter 12 may be referred to as the Department of Transportation Acquisition Regulation or the TAR. Cross reference to the FAR in (TAR) 48 CFR chapter 12 will be cited by ``FAR'' followed by the FAR numbered cite, and cross reference to the TAM (Transportation Acquisition Manual which is stocked by the Government Printing Office) in (TAR) 48 CFR chapter 12 will be cited by ``TAM'' followed by the TAM numbered cite. References to specific cites within (TAR) 48 CFR chapter 12 will be by the numbered cite only. 1201.104-3 Copies. Copies of the TAR in Federal Register, loose-leaf, and CFR form may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC, 20402. 1201.105 OMB Approval Under the Paperwork Reduction Act. (a) Data collection by regulation. The information collection and recordkeeping requirements contained in (TAR) 48 CFR chapter 12 have been approved by the Office of Management and Budget (OMB). The applicable OMB control number for DOT is 2105-0517. (b) Data collection under proposed contracts. Under the regulations implementing the requirements of the Paperwork Reduction Act (5 CFR part 1320), OMB must approve, prior to obligation of funds, proposed contracts which require the collection of information from ten or more non-Federal persons or entities. Solicitations containing this type of information collection may be released prior to OMB approval provided: (1) A statement is included in the solicitation to the effect that contract award will not be made until OMB approval of the information collection requirements of the proposed contract has been obtained; and (2) enough time is permitted to allow receipt of OMB approval prior to contract award. Subpart 1201.2--Administration 1201.201 Maintenance of the FAR. 1201.201-1 The two councils. * * * * * (b) The SPE is responsible for providing a DOT representative to the Civilian Agency Acquisition Council. * * * * * (d) The Office of Acquisition and Grant Management is responsible for Departmentwide review and coordination of cases containing proposed FAR revisions, as necessary, approval of DOT-generated cases, and submission of cases to the Civilian Agency Acquisition Council. Subpart 1201.3--Agency Acquisition Regulations 1201.301 Policy. (a)(1) Acquisition regulations--(i) Departmentwide acquisition regulations. The authority of the agency head under (FAR) 48 CFR 1.301(a)(1) is delegated to the Assistant Secretary for Administration. (ii) Operating administration acquisition regulations. Operating administration acquisition regulations, and any changes thereto, shall be reviewed and approved by the SPE for insertion into the TAR as a TAR supplemental regulation before the SPE submits the proposed coverage for publication in the Federal Register in accordance with (FAR) 48 CFR 1.501. operating administration regulations may be more restrictive or require higher approval levels than those permitted by (TAR) 48 CFR chapter 12 unless specified otherwise. 1201.301-70 Amendment of (TAR) 48 CFR Chapter 12. (a) Changes to (TAR) 48 CFR chapter 12 may be the result of recommendations from internal DOT personnel, other Government agencies, or the public. These changes are to be submitted in the following format to the Office of Acquisition and Grant Management, 400 7th Street, SW., Washington, DC 20590: (1) Problem: Succinctly state the problems created by current TAR language and describe the factual and/or legal reasons necessitating regulatory change. (2) Recommendation: Identify the recommended change by using the current language and lining through the words being deleted and inserting proposed language in brackets. If the change is extensive, deleted language may be displayed by forming a box with diagonal lines connecting the corners. (3) Discussion: Explain why the change is necessary and how the change will solve the problem. Address any cost or administrative impact on Government activities, offerors, and contractors. Provide any other helpful information and documents such as statutes, legal decisions, regulations, reports, etc. (4) Collaterals: Address the need for public comment (see (FAR) 48 CFR 1.301 and subpart 1.5), the Paperwork Reduction Act, and the Regulatory Flexibility Act (see (FAR) 48 CFR 1.301(c)). (5) Point of Contact: Provide a point of contact for answering questions regarding the recommendation. (b) The TAR will be maintained by the SPE through the TAR Council System (i.e., representatives from DOT operating administrations specifically designated to formulate Departmental acquisition policies and procedures). (1) Transportation Acquisition Circular (TAC). TACs containing loose-leaf replacement pages which revise parts, subparts, or paragraphs (also see (TAR) 48 CFR 1201.301-72 of this subpart) will be used to amend (TAR) 48 CFR chapter 12. Each replacement page will bear at the top the TAC number and date. A vertical bar next to the coverage indicates that a change has been made. (2) TAR Notice (TN). (i) TNs shall be issued when interim guidance is necessary and as often as may be necessary, under any of the following circumstances: (A) To promulgate, as rapidly as possible, selected material in a general or narrative manner, in advance of a TAC issuance; (B) To disseminate other acquisition related information; or (C) To issue guidance which is expected to be effective for a period of 1 year or less. (ii) Each TN will terminate upon its specified expiration date. 1201.301-71 Effective date. Unless otherwise stated, the following applies-- (a) Statements in TACs or TNs to the effect that the material therein is ``effective upon receipt,'' ``upon a specified date,'' or that changes set forth in the document are ``to be used upon receipt,'' mean that any new or revised provisions, clauses, procedures, or forms must be included in solicitations, contracts or modifications issued thereafter; and (b) Unless expressly directed by statute or regulation, if solicitations are already in process or negotiations complete when the TAC or TN is received, the new information (e.g., forms and clauses) need not be included if it is determined by the chief of the contracting office that its inclusion would not be in the best interest of the Government. 1201.301-72 TAC or TN numbering. TACs and Tns will be numbered consecutively on a fiscal year basis beginning with number ``01'' prefixed by the last two digits of the fiscal year (e.g., TNs 93-01 and 93-02 indicate the first two Tns issued in fiscal year 1993). 1201.304 Agency control and compliance procedures. (a) DOT shall control the proliferation of acquisition regulations by the TAR Council System. This (TAR) 48 CFR chapter 12 and any revisions thereto (except for paragraph (b) of this section) will be prepared and issued through the TAR Council System. The members of the TAR Council System shall represent their operating administration's viewpoints along with Departmentwide considerations and be selected for their superior expertise and acquisition knowledge. Further coordination (e.g., Offices of the Inspector General and General Counsel) beyond the TAR Council System may be recommended by the TAR Council to the SPE as deemed appropriate. (b) Operating administration-unique regulations will not be processed through the TAR Council System, but shall be reviewed by operating administration legal counsel and submitted to M-60 for review and approval. (See (TAR) 48 CFR 1252.101 for additional instructions pertaining to provisions and clauses.) Subpart 1201.470--Deviations From the FAR and TAR 1.403 Individual deviations. Individual deviations from the FAR and (TAR) 48 CFR chapter 12 may be granted in writing by the Head of the Contracting Activity within the operating administration. 1.404 Class deviations. Class deviations from the FAR and (TAR) 48 CFR chapter 12 may be granted in writing by the Senior Procurement Executive unless (FAR) 48 CFR 1.405(e) is applicable. Subpart 1201.6--Contracting Authority and Responsibilities 1201.602-3 Ratification of unauthorized commitments. * * * * * (b) Policy. It is the policy of DOT that all procurements are to be made by only Government officials having authority to make such acquisitions. Procurements made by other than authorized personnel are contrary to Departmental policy and may be considered matters of serious misconduct on the part of the employee making an unauthorized commitment. Consideration will be given to initiating disciplinary action against an employee who makes an unauthorized commitment. 1201.603-1 General. Each DOT operating administration is responsible for appointing its contracting officers. PART 1202--DEFINITIONS OF WORDS AND TERMS Subpart 1202.1--Definitions 1202.1 Definitions. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1202.1--Definitions 1202.1 Definitions. (a) Agency, Federal agency, or Executive agency means the Department of Transportation. (b) Chief of the contracting office (COCO) means the individual(s) responsible for managing the contracting office(s) within an operating administration. (c) Contracting activity includes all the contracting offices within an operating administration and is the same as the term procuring activity. (d) Contracting officer means an individual authorized by virtue of his/her position or by appointment to perform the functions assigned by the Federal Acquisition Regulation and the Transportation Acquisition Regulation. (e) Department of Transportation (DOT) means all of the operating administrations included within the Department of Transportation. (f) Head of the agency or agency head means the Secretary of Transportation. (g) Head of the contracting activity (HCA) means the individual responsible for managing the contracting offices within an operating administration who is a member of the Senior Executive Service or a flag officer. (h) Head of the operating administration (HOA) means the individual appointed by the President to manage the operating administration. (For acquisition related matters, the Assistant Secretary for Administration is the HOA for the Office of the Secretary (OST)). (i) Operating administration means the following components of DOT: (1) Federal Aviation Administration (FAA); (2) Federal Highway Administration (FHWA); (3) Federal Railroad Administration (FRA); (4) Federal Transit Administration (FTA); (5) Maritime Administration (MARAD); (6) National Highway Traffic Safety Administration (NHTSA); (7) Office of the Secretary (OST); (8) Research and Special Programs Administration (RSPA); (9) Saint Lawrence Seaway Development Corporation (SLSDC); and (10) United States Coast Guard (USCG). (j) Senior Procurement Executive means the Director of the Office of Acquisition and Grant Management (M-60). PART 1203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Subpart 1203.1--Safeguards 1203.101-3 Agency regulations. 1203.104-11 Processing violations or possible violations. Subpart 1203.2--Contractor Gratuities to Government Personnel 1203.203 Reporting suspected violations of the Gratuities clause. 1203.204 Treatment of violations. Subpart 1203.3--Reports of Suspected Antitrust Violations 1203.301 General. Subpart 1203.4--Contingent Fees 1203.409 Misrepresentations or violations of the Covenant Against Contingent Fees. Subpart 1203.5--Other Improper Business Practices 1203.502 Subcontractor kickbacks. 1203.502-2 General. Subpart 1203.8--Limitation on the Payment of Funds To Influence Federal Transactions 1203.806 Processing suspected violations. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1203.1--Safeguards 1203.101-3 Agency regulations. (b) 5 CFR part 2635, Standards of Ethical Conduct for Employees of the Executive Branch, supersedes the DOT regulation at 49 CFR part 99. 1203.104-11 Processing violations or possible violations. (a)(1) When the contracting officer receives information of a violation or possible violation, and concludes that the reported violation or possible violation of the statutory prohibitions has no impact on the pending procurement, the contracting officer shall forward the information required by (FAR) 48 CFR 3.104-11(a)(1) to the COCO for concurrence with the contracting officer's conclusion. If the COCO concurs with the conclusion, the contracting officer shall proceed with the award, and the COCO shall submit the information and conclusion to the HCA. (2) When the COCO does not concur with the conclusion of the contracting officer, the COCO shall advise the contracting officer to withhold award, and the COCO shall promptly forward the information and documentation to the HCA. (3) When the contracting officer determines that the information concerning a violation or possible violation will impact the pending procurement, the contracting officer shall promptly forward the information and documentation to the HCA. (b) The HCA shall review the information transmitted in accordance with subparagraph (a)(1) through (a)(3) of this section and take appropriate action, as required by (FAR) 48 CFR 3.104-11(b). (c) If the HCA believes that a violation has occurred and the information should be disclosed to a criminal investigative agency (e.g, the Department of Justice) or that there may be a possible violation, and an investigation should be conducted, the HCA shall obtain guidance from legal counsel and the IG prior to taking any action. If the HCA, pursuant to (FAR) 48 CFR 3.104-11(f), determines that award is justified by urgent and compelling circumstances, or is otherwise in the interests of the Government, a memorandum of the facts and circumstances shall be signed by the HCA and placed in the contract file. Subpart 1203.2--Contractor Gratuities to Government Personnel 1203.203 Reporting suspected violations of the Gratuities clause. (a) Suspected violations of the Gratuities clause shall be reported to the contracting officer responsible for the acquisition (or the COCO if the contracting officer is suspected of the violation). The contracting officer (or COCO) shall obtain from the person reporting the violation, and any witnesses to the violation, the following information: (1) The date, time, and place of the suspected violation; (2) The name and title (if known) of the individual(s) involved in the violation; and (3) The details of the violation (e.g., the gratuity offered or intended) to obtain a contract or favorable treatment under a contract. (b) The person reporting the violation and witnesses (if any) should be requested to sign and date the information certifying that the information furnished is true and correct. (c) The COCO shall report suspected violations to the Office of the Inspector General (J-1), 400 7th Street, S.W., Washington, DC, 20590, with a copy to General Counsel (C-1) and the OA's Chief Counsel. 1203.204 Treatment of violations. The COCO shall afford the contractor (and the contracting officer if he/she is suspected) the opportunity for an informal hearing. Government legal counsel should be consulted regarding appropriate hearing procedures. Subpart 1203.3--Reports of Suspected Antitrust Violations 1203.301 General. (b) The same procedures contained in (TAR) 48 CFR 1203.203 shall also be followed for suspected antitrust violations, except suspected antitrust violation shall be reported through legal counsel in accordance with (FAR) 48 CFR 3.303. Subpart 1203.4--Contingent Fees 1203.409 Misrepresentations or violations of the Covenant Against Contingent Fees. (a) The same procedures contained in (TAR) 48 CFR 1203.203 shall also be followed for misrepresentation or violations of the covenant against contingent fees. Subpart 1203.5--Other Improper Business Practices 1203.502 Subcontractor kickbacks. 1203.502-2 General. (g) The same procedures contained in (TAR) 48 CFR 1203.203 shall also be followed for subcontractor kickbacks. Subpart 1203.8--Limitation on the Payment of Funds to Influence Federal Transactions 1203.806 Processing suspected violations. Contracting officers shall report, in accordance with OA procedures, suspected violations of the requirements of 31 U.S.C. 1352 to the Assistant Inspector General for Investigations (JI-1), 400 Seventh Street, SW., Washington, DC, 20590. PART 1204--ADMINISTRATIVE MATTERS Subpart 1204.1--Contract Execution 1204.103 Contract clause. Subpart 1204.8--Contract Files 1204.804 Closeout of contract files. 1204.804-1 Closeout by the office administering the contract. 1204.804-5 Detailed procedures closing out contract files. 1204.804-570 Supporting closeout documents. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1204.1--Contract Execution 1204.103 Contract clause. The contracting officer shall insert the clause at (FAR) 48 CFR 52.204-1, Approval of Contract, filled in as appropriate, in solicitations when approval to award the resulting contract must be obtained from an official at a level above the contracting officer. Subpart 1204.8--Contract Files 1204.804 Closeout of contract files. 1204.804-1 Closeout by the office administering the contract. (b) If the contracting officer determines appropriate, the quick closeout procedures under (FAR) 48 CFR 42.708 may be used for the settlement of indirect costs under contracts when the estimated amount (excluding any fixed fee) of the contract is $3 million or less. 1204.804-5 Detailed procedures for closing out contract files. 1204.804-570 Supporting closeout documents. (a) When applicable (see parenthetical examples in this paragraph) and prior to contract closure, the contracting officer shall obtain the listed DOT and Department of Defense (DOD) forms from the contractor to facilitate contract closeout. (1) Form DOT F 4220.4, Contractor's Release (e.g., see (FAR) 48 CFR 52.216-7); (2) Form DOT F 4220.45, Contractor's Assignment of Refunds, Rebates, Credits and Other Amounts (e.g., see (FAR) 48 CFR 52.216-7); (3) Form DOT F 4220.46, Cumulative Claim and Reconciliation Statement (e.g., see (FAR) 48 CFR 4.804-5(a)(13); and (4) DD Form 882, Report of Inventions and Subcontracts (e.g., see (FAR) 48 CFR 52.227-14). (b) The forms (see (TAR) 48 CFR part 1253) are used primarily for the closeout of cost-reimbursement, time-and-materials, and labor-hour contracts. However, the forms may also be used for closeout of other contract types or when necessary to protect the Government's interest. PART 1205--PUBLICIZING CONTRACT ACTIONS Subpart 1205.1--Dissemination of Information 1205.101 Methods of disseminating information. SUBPART 1205.4--RELEASE OF INFORMATION 1205.402 General public. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. SUBPART 1205.1--DISSEMINATION OF INFORMATION 1205.101 Methods of disseminating information. (a)(2) To facilitate public examination of solicitations expected to exceed $10,000, but not expected to exceed the small purchase limitation, COCOs are encouraged to post the notice of the solicitation or a copy of the solicitation in a central location within the contracting office. (b) DOT publishes a Procurement Forecast of planned procurements each fiscal year, which is available from the DOT Office of Small and Disadvantaged Business Utilization (S-40), 400 Seventh Street SW., Washington, DC, 20590. Subpart 1205.4--Release of Information 1205.402 General public. It is DOT policy to furnish to the general public, upon request, the following information on proposed contracts and contract awards: (a) Prior to the opening of sealed bids or the closing date for receipt of proposals, the names of firms invited to submit sealed bids or proposals; (b) Prior to the opening of sealed bids or the closing date for receipt of proposals, the names of firms which attended pre-proposal or pre-bid conferences, when held; (c) After the opening of sealed bids, names of firms which submitted bids; and (d) After contract award, the names of firms which submitted proposals. Requests for other specific information shall be processed in accordance with the DOT Freedom of Information Act rules and regulations ((TAR) 48 CFR 1224.202). PART 1206--COMPETITION REQUIREMENTS Subpart 1206.5--Competition Advocates 1206.501 Requirement. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1206.5--Competition Advocates 1206.501 Requirement. The DOT Senior Competition Advocate (SCA) is located in the Office of the Assistant Secretary for Administration (M-66). Correspondence may be sent directly to M-66 or via M-60. PART 1207--ACQUISITION PLANNING Subpart 1207.3--Contractor Versus Government Performance 1207.302 General. 1207.307 Appeals. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1207.3--Contractor Versus Government Performance 1207.302 General. Procedures for DOT's implementation of OMB Circular A-76, Performance of Commercial Activities, and (FAR) 48 CFR 7.3 is under DOT Order 4400.2 series, Performance of Commercial Activities. 1207.307 Appeals. DOT appeal procedures for informal administrative review of initial cost-comparison results are contained in DOT Order 4400.2 series. PART 1209--CONTRACTOR QUALIFICATIONS Subpart 1209.4--Debarment, Suspension, and Ineligibility 1209.406 Debarment. 1209.406-3 Procedures. 1209.407 Suspension. 1209.407-3 Procedures. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1209.5--Organizational and Consultant Conflicts of Interest 1209.507 Solicitation provisions and contract clause. Subpart 1209.4--Debarment, Suspension, and Ineligibility 1209.406 Debarment. 1209.406-3 Procedures. (a) Investigation and referral. The COCO shall submit a notice of proposed debarment for issuance by the SPE (see (FAR) 48 CFR 9.406- 3(c)). Reports and notices shall be coordinated with OA legal counsel prior to submission to the SPE. (b) Decisionmaking process. After receipt of the OA report, the SPE may request from interested parties (including the contractor if deemed appropriate) a meeting or additional supporting information to assist in the debarment decision. (c) Notice of proposal to debar. The SPE shall provide a copy of the dated, signed notice of proposed debarment to the COCO. (d) Debarring official's decision. When it is found that the contractor's submission raises a genuine dispute over facts material to the proposed debarment, the SPE may request the DOT Board of Contract Appeals (BCA) to conduct fact finding and provide a report containing the results of the fact finding. (e) Notice of debarring official's decision. The SPE shall notify the COCO prior to deciding whether or not to impose debarment. The COCO shall be furnished the original of the signed SPE decision to include in the contract file. The SPE shall provide a copy of the decision to GSA in accordance with (FAR) 48 CFR 9.404(c). 1209.407 Suspension. 1209.407-3 Procedures. (a) Investigation and referral. The COCO shall submit a notice of proposed suspension for issuance by the SPE (see (FAR) 48 CFR 9.407- 3(c)). Reports and notices shall be coordinated with OA legal counsel prior to submission to the SPE. (b) Decisionmaking process. After receipt of the OA report, the SPE may request from interested parties (including the contractor if deemed appropriate) a meeting or additional supporting information to assist in the suspension decision. (c) Notice of suspension. The SPE shall provide a copy of the dated, signed notice of suspension to the COCO. (d) Suspending official's decision. When it is found that the contractor's submission raises a genuine dispute over facts material to the proposed suspension, the SPE may request the DOTBCA to conduct fact finding and provide a report containing the results of the fact finding. The SPE shall notify the COCO prior to deciding whether or not to suspend. The COCO shall be furnished the original of the signed SPE decision, which shall be included in the contract file. The SPE shall provide a copy of the decision to GSA in accordance with (FAR) 48 CFR 9.404(c). Subpart 1209.5--Organizational and Consultant Conflicts of Interest 1209.507 Solicitation provisions. The contracting officer should insert the provision at (TAR) 48 CFR 1252.209-70, ``Disclosure of Conflicts of Interest'' in all solicitations for negotiated acquisitions, above the small purchase limitation in (FAR) 48 CFR part 13, when the contracting officer believes the conditions under (FAR) 48 CFR 9.507-2 warrant inclusion. PART 1210--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS 1210.004 Selecting specifications or descriptions for use. 1210.004-70 Offer evaluation and award, brand name or equal descriptions. 1210.011 Solicitation provisions and contract clauses. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. 1210.004 Selecting specifications or descriptions for use. 1210.004-70 Offer evaluation and award, brand name or equal descriptions. (a) An offer may not be rejected for failure of the offered product to equal a characteristic of a brand name product if it was not specified in the brand name or equal description. However, if it is clearly established that the unspecified characteristic is essential to the intended end use, the solicitation may be defective and need to be amended or the requirement resolicited. (b) The contracting officer shall insert in the solicitation an entry substantially as follows for completion by the offeror in the item listing after each item or component part of an end item to which a brand name or equal purchase description applies: Offering on:----------------------------------------------------------- Manufacturer's Name:--------------------------------------------------- Brand:----------------------------------------------------------------- No.:------------------------------------------------------------------- (c) Except when bid samples are requested for brand name or equal procurements, the following note shall be inserted in the item listing after each brand name or equal item (or component part), or at the bottom of each page, listing several such items, or in a manner that may otherwise direct the offeror's attention to this note: Offerors offering other than brand name items identified herein should furnish with their offers adequate information to ensure that a determination can be made as to equality of the product(s) offered (see the provision at (TAR) 48 CFR 1252.210-70, Brand Name or Equal). 1210.011 Solicitation provisions and contract clauses. (a) The contracting officer shall insert the provision at (TAR) 48 CFR 1252.210-70, Brand Name or Equal, in solicitations using a brand name or equal purchase description whenever practicable. (b) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.210-71, Index for Specifications, when an index or table of contents may be furnished with the specification. PART 1210--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS 1210.011-90 Solicitation provision and contract clause. (USCG) Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. 1210.011-90 Solicitation provision and contract clause. (USCG) (a) The contracting officer shall insert the USCG clause at (TAR) 48 CFR 1252.210-90, Bar Coding Requirement, in solicitations and contracts over the small purchase limitation (also see (TAR) 48 CFR 1213.507-90(a)) when the bar coding of supplies is necessary. (b) See (TAR) 48 CFR 1213.507-90(b) for a provision required when the USCG clause at (TAR) 48 CFR 1252.210-90, Bar Coding Requirement, is used in small purchases. PART 1212--CONTRACT DELIVERY OR PERFORMANCE Subpart 1212.3--Priorities and Allocations 1212.302 General. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1212.3--Priorities and Allocations 1212.302 General. (c) The USCG is the only DOT OA delegated authority under the Defense Priorities and Allocations System (DPAS) regulation (15 CFR part 700) to assign priority ratings on contracts and orders placed with contractors to acquire products, materials, and services in support of USCG certified national defense related programs. PART 1213--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES Subpart 1213.5--Purchase Orders 1213.107-90 Solicitation provision. (USCG) 1213.507-90 Clauses. (USCG) Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1213.1--General 1213.107-90 Solicitation provision (supplies). (USCG) The contracting officer shall insert the USCG provision at (TAR) 48 CFR 1252.213-90, Evaluation Factor for Coast Guard Performance of Bar Coding Requirement, in requests for quotations when the USCG clause at (TAR) 48 CFR 1252.210-90(a), Bar Coding Requirement, is used in small purchases. Subpart 1213.5--Purchase Orders 1213.507-90 Clauses. (USCG) (a) The contracting officer shall insert the USCG clause at (TAR) 48 CFR 1252.210-90, Bar Coding Requirement, in requests for quotations and purchase orders issued by the Inventory Control Points when bar coding of supplies is necessary. PART 1214--SEALED BIDDING Subpart 1214.2--Solicitation of Bids 1214.205 Solicitation mailing lists. 1214.205-1 Establishment of lists. Subpart 1214.3--Submission of Bids 1214.302 Bid submission. 1214.303 Modification or withdrawal of bids. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1214.2--Solicitation of Bids 1214.205 Solicitation mailing lists. 1214.205-1 Establishment of lists. (b) The issuance of a solicitation within a reasonable time (i.e., normally 45 days) after receipt of a SF 129, Solicitation Mailing List Application, constitutes the notification required under (FAR) 48 CFR 14.205-1. If a solicitation is not anticipated for release within a reasonable time after receipt of the SF 129 or if an applicant does not meet the criteria for placement on the list, the contracting officer shall provide a written notification of acceptance or non-acceptance to the applicant within 45 days of application receipt. (d) Requests for supplemental information shall normally be attached to the SF 129 and forwarded to potential suppliers for completion. Subpart 1214.3--Submission of Bids 1214.302 Bid submission. (b) Contracting officers may permit telegraphic bids to be communicated by means of a telephone call from the telegraph office to the designated office provided that procedures and controls have been established by the COCO for receiving and safeguarding these incoming bids. 1214.303 Modification or withdrawal of bids. (b) The receipt required by (FAR) 48 CFR 14.303(b) for withdrawal of a bid in person shall be worded substantially as follows: I certify as a bona fide agent for or representative of ---------------------------------------------------------------------- (Bidder's name and address), I am authorized to withdraw the bid on IFB No. ________ scheduled for opening on ______________ and hereby acknowledge receipt of the unopened bid. ---------------------------------------------------------------------- (Name and telephone no.) ---------------------------------------------------------------------- (Date) PART 1215--CONTRACTING BY NEGOTIATION Subpart 1215.1--General Requirements for Negotiation 1215.106 Contract clauses. SUBPART 1215.4--SOLICITATION AND RECEIPT OF PROPOSALS AND SOLICITATIONS 1215.407 Solicitation provisions. 1215.413 Disclosure and use of information before award. 1215.413-1 Alternate I. 1215.413-2 Alternate II. SUBPART 1215.6--SOURCE SELECTION 1215.612 Formal source selection. SUBPART 1215.8--PRICE NEGOTIATION 1215.804 Cost or pricing data. 1215.804-2 Requiring certified cost or pricing data. 1215.804-6 Submission of data. Subpart 1215.9--Profit 1215.970 Payment of profit or fee under contracts. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1215.1--General Requirements for Negotiation 1215.106 Contract clauses. The contracting officer shall insert the clause at (TAR) 48 CFR 1252.215-70, Key Personnel and/or Facilities, in solicitations and contracts when the selection for award is substantially based on the offeror's possession of special capabilities regarding personnel and/or facilities. Subpart 1215.4--Solicitation and Receipt of Proposals and Quotations 1215.407 Solicitation provisions. (i) The provision at (FAR) 48 CFR 52.215-35, Annual Representations and Certifications--Negotiation, shall be included when applicable. 1215.413 Disclosure and use of information before award. 1215.413-1 Alternate I. The alternate procedures at (FAR) 48 CFR 15.413-2 shall be used in lieu of the alternate procedures prescribed at (FAR) 48 CFR 15.413-1. 1215.413-2 Alternate II. (e) The notice at (FAR) 48 CFR 15.413-2(e) shall be placed on the cover sheet of all proposals, whether solicited or unsolicited. The cite(s) under the first paragraph of the notice shall be, as a minimum, (TAR) 48 CFR 1215.413-2(f) and the cite of any OA implementing procedures. (f) Proposals may be released outside of the Government if it is necessary to receive the most competent technical and/or management evaluation available as long as the requirements of (FAR) 48 CFR 15.413-2(f) are met. Subpart 1215.6--Source Selection 1215.612 Formal source selection. DOT's formal source selection procedures are contained in TAM (Transportation Acquisition Manual which is stocked by the Government Printing Office), chapter 1215, Appendix A. Subpart 1215.8--Price Negotiation 1215.804 Cost or pricing data. 1215.804-2 Requiring certified cost or pricing data. (a)(5) When certified cost or pricing data are not required (e.g., the action is below the thresholds at (FAR) 48 CFR 15.804-2 or adequate price competition is expected to exist), the contracting officer may ask for partial/limited data when it is necessary for the Government's analysis (e.g., cost realism). The contracting officer shall not require this data to be certified. (b) If, after receipt of proposals, the contracting officer determines that adequate price competition does not exist, the contracting officer shall obtain, as appropriate (see (FAR) 48 CFR 15.804-2), certified cost or pricing data. 1215.804-6 Submission of data. The contracting officer may require the submission of DOT Form 4220.44, Contract Pricing Summary, when submitting a proposal that requires a SF 1411. Subpart 1215.9--Profit 1215.970 Payment of profit or fee under contracts. Profit or fee shall only be paid on definitized contracts and modifications. Any profit or fee earned during the undefinitized period shall be paid once the contract and/or modification, as applicable, is definitized. PART 1216--TYPES OF CONTRACTS Subpart 1216.2--Fixed-Price Contracts 1216.203 Fixed-price contracts with economic price adjustment. 1216.203-4 Contract clauses. 1216.203-470 Solicitation provision. Subpart 1216.4--Incentive Contracts 1216.405 Contract clauses. Subpart 1216.6--Time-and-Materials, Labor-Hour, and Letter Contracts 1216.603 Letter contracts. 1216.603-4 Contract clauses. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1216.2--Fixed-Price Contracts 1216.203 Fixed-price contracts with economic price adjustment. 1216.203-4 Contract clauses. 1216.203-470 Solicitation provision. The contracting officer shall insert the provision at (TAR) 48 CFR 1252.216-70, Evaluation of Offers Subject to an Economic Price Adjustment Clause, in solicitations containing an economic price adjustment clause. Subpart 1216.4--Incentive Contracts 1216.405 Contract clauses. (a) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.216-71, Determination of Award Fee, in all cost-plus-award-fee solicitations and contracts. (b) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.216-72, Performance Evaluation Plan, in all cost-plus-award-fee solicitations and contracts. (c) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.216-73, Distribution of Award Fee, in all cost-plus-award-fee solicitations and contracts. Subpart 1216.6--Time-and-Materials, Labor-Hour, and Letter Contracts 1216.603 Letter contracts. 1216.603-4 Contract clause. The contracting officer shall insert the clause at (TAR) 48 CFR 1252.216-74, Settlement of Letter Contract, in all definitized letter contracts. Part 1217--Special Contracting Methods Subpart 1217.1--Multiyear Contracting 1217.102 Policy. 1217.102-1 Uses. Subpart 1217.70--Fixed Price Contracts for Vessel Repair, Alteration or Conversion 1217.7000 Clauses. Subpart 1217.71--Energy Savings Performance Contracts 1217.7100 Policy. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1217.1--Multiyear Contracting 1217.102 Policy. 1217.102-1 Uses. The FAA Administrator has been granted specific statutory multiyear contracting authority by the Aviation Safety and Capacity Expansion Act of 1990 (Subtitle B of Title IX of Public Law 101-508, Omnibus Budget Reconciliation Act of 1990, Section 9118). FAA implementing procedures are contained in Federal Aviation Acquisition Manual Subchapter 1217.1. Subpart 1217.70--Fixed Price Contracts for Vessel Repair, Alteration or Conversion 1217.7000 Clauses. The following clauses are to be used in specific solicitations and contracts: (a) The clauses set forth in (TAR) 48 CFR 1252.217-71 through (TAR) 48 CFR 1252.217-74 and (TAR) 48 CFR 1252.217-76 through (TAR) 48 CFR 1252.217-80 shall be included and clause (TAR) 48 CFR 1252.217-75 may be included in sealed bid fixed-price solicitations and contracts for vessel repair, alteration, or conversion which are to be performed within the United States, its possessions, or Puerto Rico. (b) Unless inappropriate, the clauses set forth in (TAR) 48 CFR 1252.217-71 through (TAR) 48 CFR 1252.217-74 and (TAR) 48 CFR 1252.217- 76 through (TAR) 48 CFR 1252.217-80 should be included and (TAR) 48 CFR 1252.217-75 may be included in negotiated solicitations and contracts to be performed outside the United States. (c) The clause at (TAR) 48 CFR 1252.217-81, Guarantee, shall be used where general guarantee provisions are deemed desirable by the contracting officer. (1) When inspection and acceptance tests will afford full protection to the Government in ascertaining conformance to specifications and the absence of defects and deficiencies, no guarantee clause for that purpose shall be included in the contract. (2) The customary guarantee period, to be inserted in the first sentence of the clause at (TAR) 48 CFR 1252.217-81, Guarantee, is 60 days. However, in certain instances, the contracting officer may desire to include a clause in a contract for a guarantee period of more than 60 days. In such instances: (i) Where, after full inquiry, it has been determined that such longer guarantee period will not involve increased costs, a longer guarantee period may be substituted by the contracting officer for the usual 60 days; or (ii) Where the full inquiry discloses that such longer guarantee period will involve, or is reasonably expected to involve, increased costs, such facts and the reasons for the need for such longer period shall be set forth in letter form to the COCO, requesting approval for use of guarantee period in excess of 60 days. Upon approval, the longer period may be inserted by the contracting officer in the first sentence of the clause at (TAR) 48 CFR 1252.217-81, Guarantee. Subpart 1217.71--Energy Savings Performance Contracts 1217.7100 Policy. Federal agencies may enter into multi-year contracts for a period of up to 25 years under Title VIII of the National Energy Conservation Policy Act, 42 U.S.C. 8287, as amended. Energy savings performance arrangements are appropriate where a contractor makes improvements and/ or operating changes to Federally-owned buildings and facilities to improve energy efficiency, at no cost to the Federal Government. Proposed actions under this section shall be coordinated with M-60. PART 1219--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS Subpart 1219.2--Policies 1219.201 General policy. Subpart 1219.7--Subcontracting with Small Business and Small Disadvantaged Business Concerns 1219.708 Solicitation provisions and contract clauses. 1219.708-70 DOT solicitation and contract clause. Subpart 1219.10--Small Business Competitiveness Demonstration Program 1219.1005 Applicability. 1219.1006 Procedures. Appendices Appendix A Targeted Industry Categories Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1219.2--Policies 1219.201 General policy. (c) The Director, Office of Small and Disadvantaged Business Utilization (S-40), is responsible for the implementation and execution of the small and small disadvantaged business programs required by sections 8 and 15 of the Small Business Act. HOAs or their designees are responsible for appointing Small and Disadvantaged Business Utilization Specialists within the OAs. Subpart 1219.7--Subcontracting With Small Business and Small Disadvantaged Business Concerns 1219.708 Solicitation provisions and contract clauses. 1219.708-70 DOT solicitation and contract clause. The contracting officer shall insert the clause at (TAR) 48 CFR 1252.219-70, Small Business and Small Disadvantaged Business Subcontracting Reporting, in solicitations and contracts containing the clause at (FAR) 48 CFR 52.219-9. Subpart 1219.10--Small Business Competitiveness Demonstration Program 1219.1005 Applicability. (b) Targeted industry categories. DOT's targeted industry categories are shown in appendix A of this subpart. 1219.1006 Procedures. (c) Emerging small business set-aside. The SBA published a notice in the Federal Register, dated September 13, 1991, that increased the emerging small business reserve amount for Architect-Engineer (A-E) services from $25,000 to $50,000. Therefore, A-E services below $50,000 are reserved for emerging small businesses, if the conditions of (FAR) 48 CFR 19.1006(c)(1) are met. Appendix A ------------------------------------------------------------------------ Standard FPDS product industrial Industry category* and service classification code code ------------------------------------------------------------------------ (1) Engineering Development............... AT94 8748 (2) Systems Engineering Services (Only)... R414 8748 (3) Radio/TV Communication Equipment 5820 3663 (except airborne). (4) Maintenance Engine/Turbine and J028/J010 7699 Maintenance Repair, Rebuilding of Weapons Equipment. (5) ADP Central Processing Units.......... Analog.................................. 7020 3571 Digital................................. 7021 3571 Hybrid.................................. 7022 3571 (6) ADP Support Equipment................. 7035 3577 (7) ADP Components........................ 7050 3571 (8) ADP Teleprocessing and Systems D302/D305 7371 Development and Programming Services. (9) Gas Turbines and Jet Engines, 2840 3724 Aircraft; and Components. (10) Radar Equipment and Navigation and 5840/AT30 3812 Navigational Aids R&D. ------------------------------------------------------------------------ *The industry categories were derived from Federal Procurement Data Product and Services Codes Manual, dated September 1991. PART 1220--LABOR SURPLUS AREA CONCERNS Subpart 1220.90--Local Hire 1220.9000 Policy. (USCG) 1220.9001 Solicitation provision and contract clause. (USCG) Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1220.90--Local Hire 1220.9000 Policy. (USCG) Public Law 101-225, Coast Guard Authorization Act of 1989, Section 206, added Section 666 to Title 14 of the United States Code, which requires the U.S. Coast Guard to include a provision for local hire in each contract for construction or services to be performed in whole or in part in a State that has an unemployment rate in excess of the national average rate of unemployment (as determined by the Secretary of Labor). The Secretary of Transportation may waive this requirement in the interest of national security or economic efficiency. 1220.9001 Solicitation provision and contract clause. (USCG) The contracting officer shall insert the USCG clause at (TAR) 48 CFR 1252.220-90, Local Hire Provision, in all solicitations and contracts as required by (TAR) 48 CFR 1220.9000. PART 1222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Subpart 1222.1--Basic Labor Policies 1222.101 Labor relations. 1222.101-70 Admittance of union representatives to DOT installations. 1222.101-71 Contract clauses. Subpart 1222.4--Labor Standards for Contracts Involving Construction 1222.406 Administration and enforcement. 1222.406-9 Withholding from or suspension of contract payments. Subpart 1222.6--Walsh-Healey Public Contracts Act 1222.608 Procedures. 1222.608-4 Award pending final determination. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1222.1--Basic Labor Policies 1222.101 Labor relations. 1222.101-70 Admittance of union representatives to DOT installations. (a) It is the policy of DOT to admit labor union representatives of contractor employees to DOT installations to visit work sites and transact labor union business with contractors, their employees, or union stewards pursuant to existing union collective bargaining agreements. Their presence shall not interfere with the contractor's work progress under a DOT contract nor violate the safety or security regulations that may be applicable to persons visiting the installation. The union representatives will not be permitted to conduct meetings, collect union dues, or make speeches concerning union matters while visiting a work site. (b) Whenever a union representative is denied entry to a work site, the person denying entry shall make a written report to the DOT labor coordinator (i.e., Director, Office of Economics (P-35), Office of the Secretary) or OA labor advisor, if any, within two working days after the request for entry is denied. The report shall include the reason(s) for the denial, the name of the representative denied entry, the union affiliation and number, and the name and title of the person that denied the entry. 1222.101-71 Contract clauses. (a) The contracting officer, may, when applicable, insert the clause at (TAR) 48 CFR 1252.222-70, Strikes or Picketing Affecting Timely Completion of the Contract Work, in solicitations and contracts. (b) The contracting officer may, when applicable, insert the clause at (TAR) 48 CFR 1252.222-71, Strikes or Picketing Affecting Access to a DOT Facility, in solicitations and contracts. Subpart 1222.4--Labor Standards for Contracts Involving Construction 1222.406 Administration and enforcement. 1222.406-9 Withholding from or suspension of contract payments. (c) Disposition of contract payments withheld or suspended. (1) Forwarding wage underpayments to the Comptroller General. The contracting officer shall ensure that a completed Form DOT F 4220.7, Employee Claim for Wage Restitution, is obtained from each employee claiming restitution under the contract. The Comptroller General (Claims Division) must receive this form with a completed SF 1093, Schedule of Withholding Under the Davis-Bacon Act and/or the Contract Work Hours and Safety Standards Act, before payment can be made to the employee. Subpart 1222.6--Walsh-Healey Public Contracts Act 1222.608 Procedures. 1222.608-4 Award pending final determination. (b) The official authorized to approve the contracting officer's written certification required by (FAR) 48 CFR 22.608-4(b)(1) is the HCA. PART 1223--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE Subpart 1223.3--Hazardous Material Identification and Material Safety Data 1223.303 Contract clause. Subpart 1223.70--Safety Requirements for Selected Dot Contracts 1223.7000 Contract clauses. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1223.3--Hazardous Material Identification and Material Safety Data 1223.303 Contract clause. The contracting officer shall insert the clause at (TAR) 48 CFR 1252.223-70, Removal or Disposal of Hazardous Substances--Applicable Licenses and Permits, in solicitations and contracts involving the removal or disposal of hazardous waste material. Subpart 1223.70--Safety Requirements for Selected DOT Contracts 1223.7000 Contract clauses. (a) Where all or part of a contract will be performed on Government-owned or leased property, the contracting officer shall insert the clause at (TAR) 48 CFR 1252.223-71, Accident and Fire Reporting. (b) For all solicitations and contracts under which human test subjects will be utilized, the contracting officer shall insert the clause at (TAR) 48 CFR 1252.223-72, Protection of Human Subjects. PART 1224--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION 1224.000 Scope of part. Subpart 1224.1--Protection of Individual Privacy 1224.102-70 Applicability. SUBPART 1224.2--FREEDOM OF INFORMATION ACT 1224.202 Policy. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. 1224.000 Scope of part. DOT's rules and regulations implementing the Privacy Act of 1974 are located at 49 CFR part 10. Subpart 1224.1--Protection of Individual Privacy 1224.102-70 Applicability. (a) Illustrations of systems of records to which the Privacy Act applies and which shall not be released irrespective of whether the Government or a contractor acting on behalf of the Government is maintaining the records include the following: (1) Personnel, payroll and background records personal to any officer or employee of DOT, or other person, including his or her residential address; (2) Medical histories and medical records concerning individuals, including applicants for licenses; and (3) Any other detailed record containing information identifiable with a particular person. (b) Illustrations of systems of records to which the Privacy Act does not apply include: (1) Records that are maintained by a contractor on individuals employed by the contractor in the process of providing goods and services to the Federal Government; and (2) The records generated, when contracting with an educational institution, on contract students pursuant to their attendance (e.g., admission forms, grade reports), provided that they are similar to those maintained on other students and are commingled with records of other students. Subpart 1224.2--Freedom of Information Act 1224.202 Policy. DOT rules and regulations implementing the Freedom of Information Act (FOIA) and the names and addresses of the OA FOIA offices are located in 49 CFR part 7. Specific contract award information shall be requested from the FOIA office of the OA making the contract award. PART 1225--FOREIGN ACQUISITION Subpart 1225.90--Buy American Act--Steel and Manufactured Products 1225.900 Scope. (FAA) 1225.9001 Definitions. (FAA) 1225.9002 Policy. (FAA) 1225.9003 Order of Precedence. (FAA) 1225.9004 Findings. (FAA) 1225.9005 Solicitation Provisions and Contract Clauses. (FAA) Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. 1225.90 Steel and Manufactured Products. (FAA) 1225.9000 Scope. (FAA) For the FAA, this subpart implements the Buy American provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Subtitle B of Title IX of Pub. L. 101-508, the Omnibus Budget Reconciliation Act of 1990), and Pub. L. 102-581, The Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992, Title I, Sec. 103 and 104, as these apply to the obligation of funds derived from appropriations through Fiscal Year (FY) 1995. 1225.9001 Definitions. (FAA) As used in this subpart: Manufactured product means an item produced as a result of the manufacturing process. Manufacturing process means the application of processes to alter the form or function of materials or of elements of the product in a manner adding value and transforming those materials or elements so that they represent a new end product functionally different from that which would result from mere assembly of the elements or materials. 1225.9002 Policy. (FAA) (a) This subpart sets forth the policy for the FAA pursuant to Pub. L. 101-508, and notwithstanding any other provision of law, the Secretary of Transportation shall not obligate any funds authorized to be appropriated for any project unless steel and manufactured products used in such projects are produced in the United States. Projects funded by the Research, Engineering and Development appropriation are excluded from this provision. (b) The Act provides that the general provisions in paragraph (a) shall not apply where the Secretary of Transportation finds that: (1) Their application would be inconsistent with the public interest; (2) Such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (3) In the case of the procurement of facilities and equipment under the Airport and Airway Improvement Act of 1982, (i) the cost of components and subcomponents which are produced in the United States is more than 60 percent of the cost of all components of the facility or equipment used in the project, and (ii) final assembly of the facility or equipment described in this paragraph has taken place in the United States; or (4) Inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. (c) There is no restriction against a company offering foreign steel or manufactured products in its bid or proposal. The FAA, however, may not award to that company unless it is pursuant to one of the exceptions listed under the FAA guidance at (TAR) 48 CFR 1225.9002(b). (d) For the purpose of this subpart, in calculating components' costs, labor costs involved in final assembly shall not be included in the calculation. 1225.9003 Order of precedence. (FAA) (a) Any acquisition of FAA not subject to Pub. L. 101-508 should be treated as covered under the Buy American Act, unless a Buy American Act exception applies. (b) Nothing in this subpart relieves the contracting officer of responsibility for complying with the Federal Acquisition Regulation (FAR) 48 CFR subpart 25.1, Buy American Act--Supplies, and (FAR) 48 CFR subpart 25.2, Buy American Act Construction Materials, including the requirement to insert any FAR required Buy American clause or provision in solicitations or contracts. To the extent that there may be a conflict between the requirements of the clause prescribed by this subpart and a FAR prescribed Buy American clause, both of which may be required to be included in the same contract, this subpart's clause takes precedence. (c) The certificate required to be executed by this subpart, entitled, ``Buy American Certificate--Steel and Manufactured Products'' ((TAR) 48 CFR 1252.225-90), will be in addition to any Buy American certification required by the FAR. Although this may appear to be a situation of a clear duplication of certifications (two Buy American certificates in the same acquisition) the separate certificates implement two separate statutes, which differ in coverage. Consequently, the contents of the two certificates included in the same acquisition may differ. As one example: such materials as copper or aluminum, if end products in the contract and if nondomestic, would be listed in the FAR Buy American certificate, whereas they would not be listed in the certificate required by this subpart. This is because only steel, among nonmanufactured materials, is subject to the restrictions of Pub. L. 101-508, whereas all nondomestic end products are subject to restrictions of the Buy American Act (unless a Buy American Act exception applies). 1225.9004 Findings. (FAA) In respect to the four findings enumerated in FAA guidance at (TAR) 48 CFR 1225.9002(b), the following applies: (a) Based on delegations from the Secretary and the Federal Aviation Administrator, authorities for the making of these findings are established as follows: (1) Contracts exceeding $1,000,000: Head of the Contracting Activity. For construction contracts, this is for an amount exceeding $100,000. (2) Contracts below the above dollar thresholds: Contracting officer. (b) All findings, except those authorized to be made by the contracting officer, shall be coordinated with the Director, Office of Acquisition Policy and Oversight, ACQ-1. Every finding shall be coordinated with the Office of Chief Counsel and the appropriate Program Office. 1225.9005 Solicitation provision and contract clause. (FAA) (a) If the procurement includes the acquisition of steel or manufactured products, the contracting officer shall insert the FAA provision at (TAR) 48 CFR 1252.225-90, Buy American Certificate--Steel and Manufactured Products (July 1992), in solicitations. Projects funded by the Research, Engineering and Development appropriation to carry out the purpose of Section 302 of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1353) are excluded from this requirement. Only those contract actions obligating funds made available in appropriations for FY 1995 or for earlier fiscal years are subject to this requirement. (b) If the procurement includes the acquisition of steel or manufactured products, the contracting officer shall insert the FAA clause at (TAR) 48 CFR 1252.225-91, Buy American--Steel and Manufactured Products (July 1992) in solicitations and contracts. Projects funded by the Research, Engineering and Development appropriation to carry out the purpose of Section 302 of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1353) are excluded from this requirement. Only those contract actions obligating funds made available in appropriations for FY 1995 or for earlier fiscal years are subject to this requirement. PART 1227--PATENTS, DATA, AND COPYRIGHTS Subpart 1227.3--Patent Rights Under Government Contracts 1227.305 Administration of patent rights clauses. 1227.305-4 Conveyance of invention rights acquired by the Government. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1227.3--Patent Rights Under Government Contracts 1227.305 Administration of patent rights clauses. 1227.305-4 Conveyance of invention rights acquired by the Government. The contracting officer shall ensure that solicitations and contracts which include a patent rights clause include a means for the contractor to report inventions made in the course of contract performance and at contract completion. This requirement may be fulfilled by requiring the contractor to submit a DD Form 882, Report of Inventions and Subcontracts. PART 1228--BONDS AND INSURANCE Subpart 1228.1--Bonds 1228.106 Administration. 1228.106-1 Bonds and bond-related forms. 1228.106-6 Furnishing of information. 1228.106-70 Execution and administration of bonds. Subpart 1228.3--Insurance 1228.306 Insurance under fixed-price contracts. 1228.306-70 Contracts for lease of aircraft. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1228.1--Bonds 1228.106 Administration. 1228.106-1 Bonds and bond-related forms. (a) SF 25, Performance Bond, prescribed at (FAR) 48 CFR 28.106- 1(c), must provide coverage for taxes imposed by the United States which are collected, deducted, or withheld from wages paid by the contractor. Forms other than the SF 25 (e.g., a commercial form) shall not be used by contractors when a performance bond is required. 1228.106-6 Furnishing of information. (b) The contracting officer shall, upon request, furnish the name and address of the prime contractor's surety or sureties to employees, suppliers, and subcontractors having a contractual or employment relationship with prime contractors, subcontractors or suppliers. When furnishing surety information, the inquirer may also be informed that: (1) Persons believing that they have legal remedies under the Miller Act are cautioned to consult their own legal advisor regarding the proper steps to take to obtain remedies. (2) On construction contracts exceeding $2,000, if the contracting officer is informed (through routine compliance checking, a complaint, or a request for information) that a laborer, mechanic, apprentice, trainee, watchman, or guard employed by the contractor or subcontractor at any tier may have been paid wages less than those required by the applicable labor standards provisions of the contract, the contracting officer shall promptly initiate an investigation in accordance with (FAR) 48 CFR subpart 22.4, irrespective of the employee's rights under the Miller Act. When an employee's request for information is involved, the contracting officer shall inform the inquirer that such investigation will be made. Such investigation is required pursuant to the provisions of the Davis-Bacon Act, Contract Work Hours and Safety Standards Act, and Copeland (Anti-Kickback) Act for assuring proper payment to such employees. (c) When furnishing a copy of a payment bond and contract in accordance with (FAR) 48 CFR 28.106-6(c), the requirement for a copy of the contract may be satisfied by furnishing a machine-duplicate copy of the contractor's first pages which show the contract number and date, the contractor's name and signature, the contracting officer's signature, and the description of the contract work. The contracting officer furnishing the copies shall place the statement ``Certified to be a true and correct copy'' followed by his/her signature, title and name of the OA. The fee for furnishing the requested certified copies shall be determined in accordance with the DOT Freedom of Information Act regulation, 49 CFR part 7 ((TAR) 48 CFR 1224.202). 1228.106-70 Execution and administration of bonds. (a) The surety shall be notified, as soon as feasible, of the contractor's failure to perform in accordance with the terms of the contract. (b) When a partnership is a principal on a bond, the names of all the members of the firm shall be listed in the bond following the name of the firm, and the phrase ``a partnership composed of.'' If a principal is a corporation, the state of incorporation must also appear on the bond. (c) Performance or payment bond other than an annual bond shall not antedate the contract to which it pertains. (d) Bonds shall be filed with the original contract to which they apply, or all bonds shall be separately maintained and reviewed quarterly for validity. If separately maintained, each contract file shall cross-reference the applicable bonds. Subpart 1228.3--Insurance 1228.306 Insurance under fixed-price contracts. 1228.306-70 Contracts for lease of aircraft. (a) The contracting officer shall insert the clauses at (TAR) 48 CFR 1252.228-70 through 1252.228-72, unless otherwise indicated by the specific instructions for their use, in any contract for the lease of aircraft (including aircraft used in out-service flight training). (b) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.228-70, Loss of or Damage to Leased Aircraft, in any contract for the lease of aircraft, except in the following circumstances: (1) When the hourly rental rate does not exceed $250 and the total rental cost for any single transaction is not in excess of $2,500; (2) When the cost of hull insurance does not exceed 10 percent of the contract rate; or (3) When the lessor's insurer does not grant a credit for uninsured hours, thereby preventing the lessor from granting the same to the Government. (c) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.228-71, Fair Market Value of Aircraft, when fair market value of the aircraft can be determined. (d) Section 504 of the Federal Aviation Act of 1958, as amended, provides that no lessor of an aircraft under a bona fide lease of 30 days or more shall be liable by reason of his interest as lessor or title-holder of the aircraft for any injury to or death of persons, or damage to or loss of property, unless such aircraft is in the actual possession or control of such person at the time of such injury, death, damage or loss. On short-term or intermittent-use leases, however, the owner may be liable for damage caused by operation of the aircraft. It is usual for the aircraft owner to retain insurance covering this liability during the term of such lease. Such insurance can, often for little or no increase in premium, be made to cover the Government's exposure to liability as well. In order to take advantage of this coverage, the Risks and Indemnities clause at (TAR) 48 CFR 1252.228-72 prescribed in paragraph (d)(1) of this section shall be used. (1) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.228-72, Risk and Indemnities, in any contract for out-service flight training or for the lease of aircraft when the Government will have exclusive use of the aircraft for a period of less than thirty days. (2) Any contract for out-service flight training shall include a clause in the contract schedule stating substantially that the contractor's personnel shall at all times during the course of the training be in command of the aircraft, and that at no time shall other personnel be permitted to take command of the aircraft. Subpart 1228.106--Bonds 1228.9000 Miller Act notification. (USCG) The contracting officer shall insert the USCG clause at (TAR) 48 CFR 1252.228-90, Notification of Miller Act Payment Bond Protection, in solicitations and contracts, and shall require its first-tier subcontractors to insert the clause in all of their subcontracts, when payment bonds are required. PART 1231--CONTRACT COST PRINCIPLES AND PROCEDURES Subpart 1231.2--Contracts With Commercial Organizations 1231.205 Selected costs. 1231.205-32 Precontract costs. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. SUBPART 1231.2--CONTRACTS WITH COMMERCIAL ORGANIZATIONS 1231.205 Selected costs. 1231.205-32 Precontract costs. (a) The decision to incur precontract costs is that of the contractor. No DOT employee can authorize, demand, or require a contractor to incur precontract costs. The contracting officer may advise the prospective contractor that any costs incurred before contract award are at the contractor's sole risk and that if negotiations fail to result in a binding contract, payment of these costs may not be made by the Government. (b) When the contracting officer determines that incurring precontract costs was necessary to meet the proposed contract delivery schedule of a cost-reimbursement contract, the clause at (TAR) 48 CFR 1252.231-70, Date of Incurrence of Costs, may be inserted in the resultant contract. PART 1232--CONTRACT FINANCING Subpart 1232.70--Contract Payments 1232.7002 Invoice and voucher review and approval. Appendices Appendix A Instructions for completing the SF 1034. Appendix B Instructions for completing the SF 1035. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1232.70--Contract Payments 1232.7002 Invoice and voucher review and approval. (a) Under fixed-price contracts, the contracting officer shall require the contractor to submit an invoice or voucher in order to receive payment under the contract. The invoice or voucher may be on a form or company letterhead as long as it meets the requirements of the Prompt Payment Act as implemented by OMB Circular A-125--Prompt Payment, (FAR) 48 CFR subpart 32.9, and the contract. (b) Under other than fixed-price contracts, the contracting office shall require the contractor to submit the SF 1034, Public Voucher for Purchases and Services Other Than Personal, and the SF 1035, Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet), to request payments. The forms must be completed as required by Appendix A, Instructions for Completing the SF 1034, and Appendix B, Instructions for Completing the SF 1035. Appendix A--Instructions for Completing the SF 1034 The SF 1034, Public Voucher for Purchases and Services Other Than Personal, shall be completed in accordance with the below instructions. The lettered items correspond to the entries on the form. ------------------------------------------------------------------------ Caption on the SF 1034 Data to be inserted in the block ------------------------------------------------------------------------ 1. U.S. DEPARTMENT, BUREAU, OR Name and address of the contracting ESTABLISHMENT AND LOCATION. office which issued the contract. 2. DATE VOUCHER PREPARED........... Date voucher submitted to the designated billing office cited under the contract or order. 3. CONTRACT NO. AND DATE........... Contract No. and, when applicable, the Order No. and date as shown on the award document. 4. REQUISITION NO. AND DATE........ Leave blank or fill-in in accordance with the instructions in the contract. 5. VOUCHER NO...................... Start with ``1'' and number consecutively. A separate series of consecutive numbers must be used beginning with ``1'' for each contract number or order number (when applicable). Note: Insert the word ``FINAL'' if this is the last voucher. 6. SCHEDULE NO.; PAID BY; DATE Leave all these blocks blank. INVOICE RECEIVED; DISCOUNT TERMS; PAYEE'S ACCOUNT NO.; SHIPPED FROM/ TO; WEIGHT; GOVERNMENT B/L. 7. PAYEE'S NAME AND ADDRESS........ Name and address of contractor as it appears on the contract. If the contract is assigned to a bank, also show ``CONTRACT ASSIGNED'' below the name and address of the contractor. 8. NUMBER AND DATE OF ORDER........ Leave blank. (See 3 above.) 9. DATE OF DELIVERY OR SERVICE..... The period for which the incurred costs are being claimed (e.g., month and year; beginning and ending date of services, etc.). 10. ARTICLES OR SERVICES........... Insert the following: ``For detail, see the total amount of the claim transferred from the attached SF 1035, page X of X.'' One space below this line, insert the following: ``COST REIMBURSABLE- PROVISIONAL PAYMENT.'' 11. QUANTITY; UNIT PRICE; (COST; Leave blank. PER). 12. AMOUNT......................... Insert the total amount claimed from the last page of the SF 1035. Payee must NOT use the space below. Do NOT write or type below this line. ------------------------------------------------------------------------ Appendix B--Instructions for Completing the SF 1035 The SF 1035, Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet), shall be completed in accordance with the below instructions. 1. Use the same basic instructions for the SF 1035 as used for the SF 1034. Ensure that the contract and, if applicable, order number, are shown on each continuation sheet. Use as many sheets as necessary to show the information required by the contract, contracting officer, or cognizant audit agency; however, if more than one sheet of SF 1035 is used, each sheet shall be in numerical sequence. 2. The following items are generally entered below the line with Number and Date of Order; Date of Delivery or Service; Articles or Services; Quantity; Unit Price; and Amount (but do not necessarily tie to these captions). 3. Description of data to be inserted as it applies to the contract or order number. a. Show, as applicable, the target or estimated costs, target or fixed-fee, and total contract value, as adjusted by any modifications to the contract or order. The FAR permits the contracting officer to withhold a percentage of fixed fee until a reserve is set aside in an amount that is considered necessary to protect the Government's interest. b. Show the following costs and supporting data (as applicable) to the contract or order: (1) Direct Labor. List each labor category, rate per labor hour, hours worked, and extended total labor dollars per labor category. (2) Premium Pay/Overtime. List each labor category, rate per labor hour, hours worked, and the extended total labor dollars per labor category. Note: Advance written authorization must be received from the contracting officer to work overtime or to pay premium rates; therefore, identify the contracting officer's written authorization to the contractor. (3) Fringe Benefits. If fringe benefits are included in the overhead pool, no entry is required. If the contract allows for a separate fringe benefit pool, cite the formula (rate and base) in effect during the time the costs were incurred. If the contract allows for billing fringe benefits as a direct expense, show the actual fringe benefit costs. (4) Materials, Supplies, Equipment. Show those items normally treated as direct costs. Expendable items need not be itemized and may be grouped into major classifications such as office supplies. However, items valued at $5,000 or more must be itemized. See (FAR) 48 CFR part 45, Government Property, for reporting of property. (5) Travel. List the name and title of traveller, place of travel, and travel dates. If the travel claim is based on the actual costs expended, show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. These actual costs must be supported with receipts to substantiate the costs paid. Travel costs for consultants must be shown separately and also supported. (6) Other Direct Costs. Itemize those costs that cannot be placed in categories (1) through (5) above. Categorize these costs to the extent possible. (7) Total Direct Costs. Cite the sum of categories (1) through (6) above. (8) Overhead. Cite the rate, base, and extended amount. (9) G&A Expense. Cite the rate, base, and extended amount. (10) Total Costs. Cite the sum of categories (7) through (9) above. (11) Fee. Cite the rate, base, and extended amount. (12) Total Cost and Fee Claimed. Enter this amount on the SF 1034. Completion Voucher The completion (final) voucher is the last voucher to be submitted for incurred, allocable, and allowable costs expended to perform the contract or order. This voucher should include all contract reserves, allowable cost withholdings, balance of fixed fee, etc. However, the amount of the completion voucher when added to the total amount previously paid cannot exceed the total amount of the contract. PART 1233--PROTESTS, DISPUTES, AND APPEALS Subpart 1233.2--Disputes and Appeals 1233.211 Contracting officer's decision. 1233.214 Alternative dispute resolution. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1233.2--Disputes and Appeals 1233.211 Contracting officer's decision. For DOT contracts, the Board of Contract Appeals (BCA) referenced at (FAR) 48 CFR 33.211 is the Department of Transportation Board of Contract Appeals (S-20), 400 7th Street SW, Washington, DC, 20590. The DOTBCA Rules of Procedure are contained in 48 CFR chapter 63, part 6301. 1233.214 Alternative dispute resolution. (b) The Administrative Dispute Resolution Act (ADRA), Pub. L. 101- 552, authorizes and encourages agencies to use mediation, conciliation, arbitration, and other techniques for the prompt and informal resolution of disputes, and for other purposes. The DOTBCA Alternate Dispute Resolution (ADR) procedures are contained in 48 CFR chapter 63, section 6302.30, ADR Methods (Rule 30), which will be distributed to the parties, if ADR procedures are used, and may be obtained from the DOTBCA upon request. ADR procedures may be used when: (1) There is mutual consent by the parties to participate in the ADR process (with consent being obtained either before or after an issue in controversy has arisen); (2) Prior to the submission of a claim; and (3) In resolution of a formal claim. (c) DOT's Dispute Resolution Specialist in accordance with the ADRA is located in the DOT Office of the General Counsel, C-1. (d) The DOTBCA is designated as the preferred neutral to perform the functions set forth in the Administrative Disputes Resolution Act for DOT operating administrations on a non-reimbursable basis. The BCA may conduct any of the alternative means of dispute resolution set forth in Title 5, U.S.C. Section 581(3), including settlement negotiations under the auspices of a settlement judge, conciliation, facilitation, mediation, fact finding, mini-trials, and arbitration, or any combination of these methods. PART 1234--MAJOR SYSTEM ACQUISITION 1234.003 Responsibilities. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. 1234.003 Responsibilities. DOT's internal procedures for implementing OMB Circular A-109, Major System Acquisitions, is contained in Chapter 1234, Appendix A, of the Transportation Acquisition Manual. PART 1235--RESEARCH AND DEVELOPMENT CONTRACTING 1235.003 Policy. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. 1235.003 Policy. (b) Cost sharing. DOT cost sharing policies shall be in accordance with (FAR) 48 CFR 16.303, 48 CFR 42.707(a), and OA procedures. PART 1236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Subpart 1236.3--Special Aspects of Sealed Bidding in Construction Contracting 1236.305 Preconstruction conference. Subpart 1236.5--Contract Clauses 1236.570 Special precautions for work at operating airports. Subpart 1236.6--Architect-Engineer Services 1236.602 Selection of firms for architect-engineer contracts. 1236.602-1 Selection criteria. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1236.3--Special Aspects of Sealed Bidding in Construction Contracting 1236.305 Preconstruction conference. When the contracting officer considers such action warranted, he/ she shall arrange a preconstruction conference with the contractor and such subcontractors as the contractor may designate to assure that there is a clear understanding of the contract requirements (including labor standards provisions) and the rights and obligations of the parties. Subpart 1236.5--Contract Clauses 1236.570 Special precautions for work at operating airports. Where any acquisition will require work at an operating airport, insert the clause at (TAR) 48 CFR 1252.236-70, Special Precautions for Work at Operating Airports, in solicitations and contracts. Subpart 1236.6--Architect-Engineer Services 1236.602 Selection of firms for architect-engineer contracts. 1236.602-1 Selection criteria. (a) Appropriate criteria in addition to those under (FAR) 48 CFR 36.602-1(a) may include, but are not limited to, the criteria listed in this section. The extent to which these criteria are used will depend on the size and the complexity of the project. For instance, for small and straight-forward projects, particularly those under the small purchase limitation, the data provided by the SFs 254 and 255 may provide an adequate measure of the firm's experience and qualification required for the project. However, on large and more complex projects, the evaluation criteria should be extended to consider such factors as the firm's suggested design approach, methods, and design ability, such as: (1) Capability of the firm to accomplish the work: (i) Relevant, recent experience and technical knowledge of key project personnel and key outside consultants; (ii) Total number of personnel the Architect-Engineer (A-E) firm employs in the technical disciplines required for the proposed work. (2) Capacity of the firm to accomplish the work. In assessing the firm's capacity to accomplish the work in the required time, considerations shall be given to the firm's current workload, total number of ongoing projects, and percentage of completion. (3) Design ability and understanding of the requirements: (i) Technical approach (planning and design process, overall planning and design philosophy), possible concepts (narrative), special design opportunities, innovative design possibilities (including environmental), and provisions for the handicapped; (ii) Understanding of, and experience in, energy conservation design: (A) Approach to maximizing energy conservation; (B) Project building and equipment systems that would significantly impact energy consumption; (C) Criteria and engineering considerations to be used in building and equipment design; and (D) Examples of previously used design techniques and measure of results (in BTUs consumed per square foot or energy costs); (iii) Proposed project schedule and personnel-loading plan; (iv) Quality of examples of previous work; and (v) Major awards and other major recognition the firm or members of the firm have received for design excellence; (4) Organization and management: (i) Project team organization and key personnel roles and responsibilities; (ii) Project management procedures such as coordination of design effort among technical disciplines; (iii) Methods used to control project schedule and construction cost estimates; and (iv) Quality control procedures. (5) Record of past performance: (i) Accuracy of construction cost estimates (compared to construction bids received and value of awarded construction contract(s); (ii) Number, dollar amount and reason for construction change orders, if any; and (iii) A-E/client relationship (for Government contracts, the above information is available from SF 1421, Performance Evaluation (A-E)). (b) If a design competition is to be used, written approval by the COCO shall be obtained prior to soliciting proposals. (c) The following evaluation criteria reflects DOT policy and shall be used in the A-E evaluation process for A-E acquisitions above the small purchase limitation. The criteria shall be evaluated separately from other criteria in terms of bonus or penalty points and added to the basic numerical evaluation rating for a composite rating. For the purposes of calculating bonus or penalty points, paragraphs (c)(1) and (2) of this section may not be double counted. (1) Minority Employment--Percentage of minority employees in all job classifications and pay scales, noting the percentage of minorities in the immediate locality where the work is to be performed (i.e. city, town, county, or township) and the Standard Metropolitan Statistical Area where the work is to be performed. (2) Women Employment--The number of women in all job classifications and pay scales compared to the women that will actually work on the immediate project. PART 1237--SERVICE CONTRACTING Subpart 1237.1--Service Contracts--General 1237.110 Solicitation provisions and contract clauses. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1237.1--Service Contracting--General 1237.110 Solicitation provisions and contract clauses. Contracting officers shall insert the clause at (TAR) 48 CFR 1252.237-70, Qualifications of Employees, in all solicitations and contracts for services which require contract performance at a Government facility. PART 1237--SERVICE CONTRACTING Subpart 1237.90--Mortuary Services 1237.9000 Solicitation provisions and contract clauses. (USCG) Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1237.90--Mortuary Services 1237.9000 Solicitation provisions and contract clauses. (USCG) (a) The contracting officer shall insert the following clauses in solicitations and contracts for mortuary services. However, USCG clauses (TAR) 48 CFR 1252.237-91 and 1252.237-97 shall not be inserted in solicitations and contracts that include port of entry requirements: (1) (TAR) 48 CFR 1252.237-90, Requirements (JAN 1994); (2) (TAR) 48 CFR 1252.237-91, Area of Performance (JAN 1994); (3) (TAR) 48 CFR 1252.237-92, Performance and Delivery (JAN 1994); (4) (TAR) 48 CFR 1252.237-93, Subcontracting (JAN 1994); (5) (TAR) 48 CFR 1252.237-94, Termination for Default (JAN 1994); (6) (TAR) 48 CFR 1252.237-95, Group Interment (JAN 1994); (7) (TAR) 48 CFR 1252.237-96, Permits (JAN 1994); (8) (TAR) 48 CFR 1252.237-97, Facility Requirements (JAN 1994); and (9) (TAR) 48 CFR 1252.237-98, Preparation History (JAN 1994). (b) The contracting officer shall insert USCG provision (TAR) 48 CFR 1252.237-99, Award to Single Offeror, in all sealed bid solicitations for mortuary services. Use the basic provision with Alternate I in negotiated solicitations for mortuary services. (c) The contracting officer shall insert (FAR) 48 CFR 52.245-4, Government-Furnished Property (Short Form) in solicitations and contracts that include port of entry requirements. PART 1242--CONTRACT ADMINISTRATION Subpart 1242.2--Assignment of Contract Administration 1242.203 Retention of contract administration. 1242.203-70 Contract clauses. 1242.205 Designation of the paying office. Subpart 1242.3--Contract Administration Office Functions 1242.302 Contract administration functions. Subpart 1242.70--Contracting Officer's Technical Representative 1242.7000 Contract clause. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1242.2--Assignment of Contract Administration 1242.203 Retention of contract administration. (a) Contracting offices may obtain contract administration assistance from the Defense Logistics Agency (DLA), Defense Contract Management Command, Alexandria, VA, when the contracting officer determines that such action is to be in the best interest of DOT. 1242.203-70 Contract clauses. (a) The contracting officer may use the clause at (TAR) 48 CFR 1252.242-70, Dissemination of Information--Educational Institutions, in lieu of the clause at (TAR) 48 CFR 1252.242-72, Dissemination of Contract Information, in DOT research contracts with educational institutions, except contracts that require the release or coordination of information. (b) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.242-71, Contractor Testimony, in all solicitations and contracts issued by NHTSA. Other OAs may use the clause as deemed appropriate. (c) The contracting officer may insert the clause at (TAR) 48 CFR 1252.242-72, Dissemination of Contract Information, in all DOT contracts except contracts that require the release or coordination of information. 1242.205 Designation of the paying office. (a) The assignment of contract administration to a DLA Contract Administration Office (CAO) by the contracting officer does not affect the designation of the paying office unless a transfer of DOT funds to the agency of the CAO is effected, and the funds are converted to the agency's account for payment purposes. (b) When the contracting officer proposes to delegate the contract payment function to another agency (e.g., DLA), the contracting officer shall discuss the transfer of funds procedures with the OA cognizant payment office. Subpart 1242.3--Contract Administration Office 1242.302 Contract administration functions. (a)(13) The CAO, or the contracting officer's designee under fixed price contracts, shall review and approve the contractor's invoice for payment. The CAO shall review and approve contractors' vouchers under cost-reimbursement contracts, and this function cannot be delegated to a COTR. All payments to contractors will be made by the payment office designated in the contract to make payments. Subpart 1242.70--Contracting Officer's Technical Representative 1242.7000 Contract clause. The contracting officer shall insert the clause at (TAR) 48 CFR 1252.242-73, Contracting Officer's Technical Representative, in solicitations and contracts when it is intended that a representative will be assigned to the contract to perform functions of a technical nature. PART 1245--GOVERNMENT PROPERTY Subpart 1245.5--Management of Government Property in the Possession of Contractors 1245.505 Records and reports of Government property. 1245.505-14 Reports of Government property. 1245.505-70 Solicitation provisions and contract clauses. 1245.508-2 Reporting results of inventories. 1245.508-3 Quantitative and monetary control. 1245.511 Audit of property control system. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1245.5--Management of Government Property in the Possession of Contractors 1245.505 Records and reports of Government property. 1245.505-14 Reports of Government property. When Government property is furnished to or acquired by the contractor to perform the contract, the contract shall require the contractor to submit annual reports (see (FAR) 48 CFR 45.505-14) to the contracting officer not later than September 15 of each year. The contractor's report shall be submitted on Form DOT F 4220.43, Contractor Report of Government Property. 1245.505-70 Solicitation provisions and contract clauses. Contracting officers shall insert the clause at (TAR) 48 CFR 1252.245-70 in solicitations and contracts when the contract will require Government provided or contractor acquired property. 1245.508-2 Reporting results of inventories. The inventory report shall also include the following: (a) Name and title of the individual(s) that performed the physical inventory; (b) An itemized, categorized listing of all property capitalized: (1) land and rights therein; (2) other real property; (3) plant equipment; (4) special test equipment; and (5) special tooling; (c) An itemized listing of the property lost, damaged, destroyed, or stolen, the circumstances surrounding each incident, and the resolution of the incident; and (d) Any discrepancies between the physical inventory and the contractor's record of Government property. 1245.508-3 Quantitative and monetary control. Contracting officers shall require the contractor to provide the quantity and unit cost of each item of Government property reported under (TAR) 48 CFR 1245.508-2(b) and (c). 1245.511 Audit of property control system. (a) The property administrator (or other Government official authorized by the contracting officer) shall audit the contractor's property control system whenever there are indications that the contractor's property control system may be deficient. Examples of deficiencies are: (1) Failure of the contractor to acknowledge receipt of GFP; (2) Failure of the contractor to submit the annual property reports required by (TAR) 48 CFR 1245.505-14; (3) Failure of the contractor to reconcile its physical inventory with its property control record; or (4) Failure of the contractor to submit a Government property listing when requested by the property administrator. (b) When it is determined that the contractor's property control system is deficient, the property administrator, in coordination with the contracting officer, shall discuss the deficiencies with the contractor. If the contractor does not take action to correct the deficiencies, the contracting officer shall provide the contractor with a written notice of the deficiencies and the date all deficiencies must be corrected. PART 1246--QUALITY ASSURANCE Subpart 1246.7--Warranties 1246.701 Definitions. 1246.701-70 Additional definitions. 1246.703 Criteria for use of warranties. 1246.705 Limitations. 1246.706 Warranty terms and conditions. Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1. Subpart 1246.7--Warranties 1246.701 Definitions. 1246.701-70 Additional definitions. At no additional cost to the Government, means at no increase in price for firm-fixed-price contracts, at no increase in target or ceiling price for fixed price incentive contracts (see (FAR) 48 CFR 46.7 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-1591. Public record. Not legal advice.