Amendment of Department of Transportation Acquisition Regulations

Federal RegisterJan 14, 1999

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

48 CFR Parts 1201, 1205, 1206, 1211, 1213, 1215, 1237, 1252 and

1253

Amendment of Department of Transportation Acquisition Regulations

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This final rule deletes unnecessary Federal Acquisition

Regulation (FAR) implementations which were in the Transportation

Acquisition Regulation (TAR), implements and supplements FAR Circulars

97-01 through 97-03, and sequentially aligns Coast Guard TAR

Supplements with the applicable TAR Parts 1201, 1205, 1206, 1211, 1213,

1215, 1237, 1252 and 1253.

EFFECTIVE DATE: This final rule is effective February 16, 1999.

FOR FURTHER INFORMATION CONTACT: Charlotte Hackley, Office of

Acquisition and Grant Management, M-60, 400 Seventh Street SW.,

Washington, DC 20590: (202) 366-4267.

SUPPLEMENTARY INFORMATION:

A. Background

Amendments to the Department of Transportation (DOT) Acquisition

Regulation (TAR) were published in the Federal Register (63 FR 52666)

as a proposed rule on October 1, 1998. Public comments were invited but

none were received by November 2, 1998, and the final rule does not

change the proposed rule. These proposed changes were initiated after

the quarterly review of the TAR and the changes cited in FAR Circulars

97-01 through 97-03. The significant changes are to--

1. Provide DOT policy and standard procedures for the receipt,

handling and disposition of unsolicited proposals; and

2. Delete Form DOT F 4220.44 and the instructions for completing

the form to coincide with the changes made to FAR Part 15. The form is

approved under the Office of Management and Budget Control Number 2105-

0517 which expires on May 31, 2000.

B. Regulatory Analysis and Notices

The Department has determined that this action is not a significant

regulatory action under Executive Order 12866 or under the Department's

Regulatory Policies and Procedures. The Department does not believe

that there would be significant Federalism implications to warrant the

preparation of a Federalism assessment.

C. Regulatory Flexibility Act

The Department certifies that this rule will not have a significant

economic impact on a substantial number of small entities within the

meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The

rule makes primarily administrative changes to the TAR and provides DOT

policy and procedures for the receipt, handling and disposition of

unsolicited proposals.

D. Paperwork Reduction Act

The Department certifies that the Paperwork Reduction Act (44

U.S.C. 3501, et seq.) does not apply because this rule does not contain

information collection requirements.

List of Subjects in 48 CFR Parts 1201, 1205, 1206, 1211, 1213,

1215, 1237, 1252 and 1253

Government procurement.

This rule is issued under the delegated authority of 49 CFR Part

1.59(p).

This authority is delegated to the Senior Procurement Executive,

issued this 6th day of January 1999, at Washington, DC.

David J. Litman,

Director of Acquisition and Grant Management.

Adoption of Amendments

For the reasons set out in the preamble, 48 CFR Chapter 12 is

amended as follows:

1. The authority citation for 48 CFR Chapter 12, parts 1201, 1205,

1206, 1211, 1213, 1237, 1252 and 1253 continues to read as follows:

Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.

PART 1201--FEDERAL ACQUISITION REGULATIONS SYSTEM

2. Section 1201.103 is removed.

2a. In 1201.201-1, paragraph (d) is removed.

3. Section 1201.301 is amended by adding paragraphs (a)(2)

introductory text, (a)(2)(i), (a)(2)(ii), and (b) as follows:

1201.301 Policy.

(a) * * *

(2) Acquisition procedures. The authority of the agency head under

(FAR) 48 CFR 1.301(a)(2) to issue or authorize the issuance of internal

agency guidance at any organizational level has been delegated to the

SPE.

(i) Departmentwide acquisition procedures. DOT internal operating

procedures are contained in the Transportation Acquisition Manual

(TAM).

(ii) OA acquisition procedures. Procedures necessary to implement

or supplement the FAR, TAR, or TAM may be issued by the HCA, who may

delegate this authority to any organizational level deemed appropriate.

OA procedures may be more restrictive or require higher approval levels

than those permitted by the TAM unless specified otherwise.

(b) The authority of the agency head under (FAR) 48 CFR 1.301(b) to

establish procedures to ensure that agency acquisition regulations are

published for comment in the Federal Register in conformance with the

procedures in FAR Subpart 1.5 is delegated to the Assistant General

Counsel for Regulation and Enforcement (C-50).

PART 1205--PUBLICIZING CONTRACT ACTIONS

4. Subpart 1205.90 is revised to read as follows:

Subpart 1205.90--Publicizing Contract Actions for Personal Services

Contracting

Sec. 1205.9000 Applicability. (USCG)

Contracts awarded by the U.S. Coast Guard using the procedures in

(TAR) 48 CFR 1237.104-91 are expressly authorized under Section 1091 of

Title 10 U.S.C. as amended by Pub. L. 104-106, DOD Authorization Act,

Section 733 for the Coast Guard and are exempt from the requirements of

(FAR) 48 CFR part 5.

PART 1206--COMPETITION REQUIREMENTS

5. Subpart 1206.90 is revised to read as follows:

Subpart 1206.90--Competition Requirements for Personal Services

Contracting

1206.9000 Applicability. (USCG)

Contracts awarded by the U.S. Coast Guard using the procedures in

(TAR) 48 CFR 1237.104-91 are expressly authorized under section 1091 of

Title 10 U.S.C. as amended by Pub. L. 104-106, DOD Authorization Act,

section 733 for the Coast Guard and are exempt

[[Page 2437]]

from the competition requirements of (FAR) 48 CFR part 6.

PART 1211--DESCRIBING AGENCY NEEDS

6. Subpart 1211.2 is amended by revising 1211.204-90 as follows:

1211.204-90 Solicitation provision and contract clause. (USCG)

(a) The contracting officer shall insert the USCG clause at (TAR)

48 CFR 1252.211-90, Bar Coding Requirement, (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 for a provision which is required

when the USCG clause at (TAR) 48 CFR 1252.211-90, Bar Coding

Requirement, is used with simplified acquisition procedures.

PART 1213--SIMPLIFIED ACQUISITION PROCEDURES

7. Subpart 1213.1 is revised to read as follows:

Subpart 1213.1--Procedures

1213.106 Soliciting competition, evaluation of quotations or offers,

award and documentation.

1213.106-190 Soliciting competition. (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 1252.211-90, Bar Coding Requirement, is used with

simplified acquisition procedures.

7a. Subpart 1213.3 is added to read as follows:

Subpart 1213.3--Simplified Acquisition Methods

1213.302 Purchase orders.

1213.302-590 Clauses. (USCG)

The contracting officer shall insert the USCG clause at (TAR) 48

CFR 1252.211-90, Bar Coding Requirement, in requests for quotations and

purchase orders issued by the Inventory Control Points when bar coding

of supplies is necessary.

8. Part 1215 is revised to read as follows:

PART 1215--CONTRACTING BY NEGOTIATION

Subpart 1215.2--Solicitation and Receipt of Proposals and Information

1215.204 Contract format.

1215.204-3 Contract clauses.

1215.207-70 Handling proposals and information.

Subpart 1215.4--Contract Pricing

1215.404 Proposal analysis.

1215.404-470 Payment of profit or fee.

Subpart 1215.6--Unsolicited Proposals

1215.602 Policy.

1215.603 General.

1215.604 Agency points of contact.

1215.606 Agency procedures.

1215.606-2 Evaluation.

Authority: 5 U.S.C. 301; 41 U.S.C. 418 (b); 48 CFR 3.1.

Subpart 1215.2--Solicitation and Receipt of Proposals and

Information

1215.204 Contract format.

1215.204-3 Contract clauses.

The contracting officer shall insert clause (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.

1215.207-70 Handling proposals and information.

(a) Offerors' proposals and information received in response to a

request for information shall be marked as required by TAM 1203.104-5,

as applicable.

(b) Proposals may be released outside the Government if it is

necessary to receive the most competent technical and/or management

evaluation available.

Supart 1215.4--Contract Pricing

1215.404 Proposal analysis.

1215.404-470 Payment of profit or fee.

The contracting officer shall not pay profit or fee on

undefinitized contracts or undefinitized contract modifications. Any

profit or fee earned shall be paid after the contract or modification

is definitized.

Subpart 1215.6--Unsolicited Proposals

1215.602 Policy.

It is the policy of the Department of Transportation (DOT) to

encourage the submission of new and innovative ideas which will support

DOT's mission. Through the various Operating Administrations (OA), DOT

is responsible for transportation safety improvements and endorsement,

international transportation agreements and the continuity of

transportation services in the public interest.

1215.603 General.

DOT will accept for review and consideration, unsolicited proposals

from any entity. However, DOT will not pay any costs associated with

the preparation of these proposals. Proposals which do not meet the

definition and applicable content and marking requirements of (FAR) 48

CFR 15.6 will not be considered under any circumstances and will be

returned to the submitter.

1215.604 Agency points of contact.

(a) The DOT does not have a centralized location to receive

unsolicited proposals. The effort submitted in the proposal determines

which DOT OA should receive and evaluate the proposal.

(b) Proposers should submit proposals to the cognizant OA

contracting office for appropriate handling. Specific information

concerning each DOT OA and the type of commodities which they normally

procure are available on the worldwide web at http://www.dot.gov.

Proposers are urged to contact these contracting/procurement offices

prior to submitting a proposal to ensure that the proposal is being

submitted to the appropriate contracting office for action. This action

will serve to reduce paperwork and time for the Government and the

proposer.

1215.606 Agency procedures.

(a) The OA contracting office is designated as the point of contact

for receipt of unsolicited proposals. Persons within DOT (e.g.,

technical personnel) who receive unsolicited proposals shall forward

the document to their cognizant contracting office.

(b) Within ten working days after receipt of an unsolicited

proposal, the contracting office shall review the proposal and

determine whether the proposal meets the content and marking

requirements of (FAR) 48 CFR 15.6. If the proposal does not meet these

requirements, it shall be returned to the submitter giving the reasons

for noncompliance.

1215.606-2 Evaluation.

(a) If the proposal is in compliance, the contracting office shall

acknowledge receipt of the proposal to the proposer and give the date

the proposal evaluation is expected to be completed. The proposal shall

be marked as required by (FAR) 48 CFR 15.609 and forwarded to the

appropriate technical office for evaluation. The evaluating office

shall be given reasonable time to complete the evaluation. However, in

no event should an evaluation take more than sixty calendar days after

receipt of

[[Page 2438]]

the proposal except under extenuating circumstances. Contracting

offices shall establish a system to ensure that this timeframe is met.

If the date can not be met, the proposer shall be advised accordingly

and be given a revised evaluation completion date.

(b) The evaluating office shall neither reproduce nor disseminate

the proposal to other offices without the consent of the contracting

office from which the proposal was received for evaluation. If

additional information from the proposer is required by the evaluating

office, the evaluator shall convey this request to the contracting

office in lieu of the proposer. The evaluator shall not communicate

directly with the originator of the proposal.

cognizant contracting officer shall ensure compliance with all of the

requirements of (FAR) 48 CFR 15.607.

PART 1237--SERVICE CONTRACTING

9. Subpart 1237.1 is amended by revising Secs. 1237.104, 1237.104-

90, and 1237.104-91 to read as follows:

Subpart 1237.1--Service Contracts--General

1237.104 Personal services contracts. (USCG)

1237.104-90 Delegation of authority. (USCG)

(a) Section 733(a) of Pub. L. 104-106, the DOD Authorization Act of

1996, amended Title 10 of the United States Code to include a new

provision which authorizes the Secretary, with respect to the Coast

Guard, to enter into personal services contracts at medical treatment

facilities (10 U.S.C. 1091).

(b) The authority of the Secretary of Transportation under Pub. L.

104-106 to award personal services contracts for medical services at

facilities for the Coast Guard is delegated to the HCA with the

authority to redelegate to contracting officers under procedures

established by the HCA, who will address applicable statutory

limitations under section 1091A of Title 10 U.S.C.

1237.104-91 Personal services contracts with individuals under the

authority of 10 U.S.C. 1091. (USCG)

(a) Personal services contracts for health care services are

authorized by 10 U.S.C. 1091 for the Coast Guard. Sources for contracts

for health care services under the authority of 10 U.S.C. 1091 shall be

selected through procedures established in this section. These

procedures do not apply to contracts awarded to business entities other

than individuals. Selections made using the procedures in this section

are exempt by statute from (TAR) 48 CFR part 1206 competition

requirements (see (TAR) 48 CFR part 1206.9000 (USCG)) and from (FAR) 48

CFR part 6 competition requirements.

(b) The contracting officer must provide adequate advance notice of

contracting opportunities to individuals residing in the area of the

facility. The notice should include the qualification criteria against

which individuals responding shall be evaluated. Contracting officers

shall solicit offerors through the most effective means of seeking

competition, such as a local publication which serves the area of the

facility. Acquisitions for health care services using personal services

contracts are exempt from posting and synopsis requirements of (FAR) 48

CFR part 5.

individuals responding to the notice to the representative(s)

responsible for evaluation and ranking in accordance with the

evaluation procedures. Individuals must be considered solely on the

professional qualifications established for the particular health care

services being acquired and the Government's estimate of reasonable

rates, fees, or costs. The representative(s) responsible for the

evaluation and ranking shall provide the contracting officer with

rationale for the ranking of the individuals consistent with the

required qualifications.

(d) Upon receipt of the ranked listing of offerors, the contracting

officer shall either:

(1) Enter into negotiations with the highest ranked offeror. If a

mutually satisfactory contract cannot be negotiated, the contracting

officer shall terminate negotiations with the highest ranked offeror

and enter into negotiations with the next highest, or;

(2) Enter into negotiations with all qualified offerors and select

on the basis of qualifications and rates, fees, or other costs.

(e) In the event only one individual responds to an advertised

requirement, the contracting officer is authorized to negotiate the

contract award. In this case, the individual must still meet the

minimum qualifications of the requirement and the contracting officer

must be able to make a determination that the price is fair and

reasonable.

(f) If a fair and reasonable price cannot be obtained from a

qualified individual, the requirement should be canceled and acquired

using procedures other than those set forth in this section.

(g) The total amount paid to an individual in any year for health

care services under a personal services contract shall not exceed the

paycap in COMDTINST M4200.19 (series), Coast Guard Acquisition

Procedures.

(h) The contract may provide for the same per diem and travel

expenses authorized for a Government employee, including actual

transportation and per diem in lieu of subsistence for travel between

home or place of business and official duty station and only for travel

outside the local area in support of the statement of work.

(i) Coordinate benefits, taxes and maintenance of records with the

appropriate office(s).

(j) The contracting officer shall insure that contract funds are

sufficient to cover all contingency items that may be cited in the

statement of work for health care services.

9a. Subpart 1237.90 is revised to read as follows:

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;

(2) (TAR) 48 CFR 1252.237-91, Area of Performance;

(3) (TAR) 48 CFR 1252.237-92, Performance and Delivery;

(4) (TAR) 48 CFR 1252.237-93, Subcontracting;

(5) (TAR) 48 CFR 1252.237-94, Termination for Default;

(6) (TAR) 48 CFR 1252.237-95, Group Interment;

(7) (TAR) 48 CFR 1252.237-96, Permits;

(8) (TAR) 48 CFR 1252.237-97, Facility Requirements; and

(9) (TAR) 48 CFR 1252.237-98, Preparation History.

(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.

Government-Furnished Property (Short Form) in solicitations and

contracts that include port of entry requirements.

[[Page 2439]]

PART 1252--SOLICITATION AND PROVISIONS AND CONTRACT CLAUSES

Subpart 1252.2--Texts of Provisions and Clauses

1252.211-71, 1252.215-70, 1252.216-71, 1252.216-72, and 1252.216-

73 [Amended]

10. Section 1252.211-71, first paragraph is amended by removing the

citation``A(TAR) 48 CFR 1211.204'' and adding in its place the citation

``A(TAR) 48 CFR 1211.204-70'';

10a. 1252.215-70, first paragraph is amended by removing the

citation ``A(TAR) 48 CFR 1215.106'' and adding in its place the

citation ``A(TAR) 48 CFR 1215.204-3'';

10b. 1252.216-71, first paragraph is amended by removing the

citation ``A(TAR) 48 CFR 1216.405(a)'' and adding in its place the

citation ``A(TAR) 48 CFR 1216.406'';

10c. 1252.216-72, first paragraph is amended by removing the

citation ``A(TAR) 48 CFR 1216.405(b)'' and adding in its place the

citation ``A(TAR) 48 CFR 1216.406'';

10d. 1252.216-73, first paragraph is amended by removing the

citation ``A(TAR) 48 CFR 1216.405(c)'' and adding in its place the

citation ``A(TAR) 48 CFR 1216.406''.

11. Section 1252.211-90 is added and sections 1252.213-90,

1252.220-90, 1252.228-90, and 1252-237-90 thru 1252-237.99 are revised

to read as follows:

1252.211-90 Bar coding requirement. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1211.204-90 and

1213.302-590, insert the following clause:

Bar Coding Requirements (Oct 1996)

Item markings shall include bar coding in accordance with MIL-

STD-1189 as clarified below:

(a) The stock number shall be bar coded with no prefixes,

dashes, spaces, or suffixes encoded. The contract number, the

delivery order, or call order number, when used, shall be bar coded

with no spaces or dashes encoded.

(b) Prefixes and suffixes to the stock number may be included in

the OCR-A in-the-clear markings, but not in the bar code.

in MIL-STD-1189) is ``standard,'' but densities from ``standard'' to

``low'' are acceptable.

(d) OCR-A characters do not have to be machine readable.

(e) Bar coding shall be machine readable.

(f) Unless otherwise specified herein, minimum bar code height

shall be 0.25 inch (6.4 mm) or 15 percent of the bar code length,

whichever is greater.

(g) The preferred position of the OCR-A characters is below the

bar codes, but the OCR-A characters may be above the bar codes.

(h) On outer containers contractors shall either:

(1) Encode the stock numbers and contract number in one line of

bar code with the stock number appearing first; or

(2) Encode the item stock number and contract number on two

labels, with the top label containing the stock number and the lower

label containing the contract number.

(i) On unit and intermediate containers, the item stock number

in bar code with OCR-A below may be on the same label as the other

data (identification markings) required by MIL-STD-129H. However,

the bar code stock number shall appear on the top line with OCR-A

characters on the second line; the OCR-A characters may include the

stock number prefix and suffix, or alternatively, the complete stock

number including any prefix and suffix, shall be repeated as part of

the identification markings.

(j) Exclusions from bar code markings are:

(1) Multi-packs/consolidation containers (containers with two or

more different stock numbers within).

(2) Reusable shipping containers used for multiple/different

stock number applications.

(3) Items consigned to a prime contractor's plant for

installation in production.

(End of clause)

1252.213-90 Evaluation factor for Coast Guard performance of bar

coding requirement. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1213.106-190, insert

the following provision:

Evaluation Factor for Coast Guard Performance of Bar Coding Requirement

(Oct 1994)

If a small business cannot provide the bar coding requirement,

as indicated elsewhere in the schedule, the contracting officer will

apply the following formula to the quoted amounts:

(a) Unit price quoted by small business $____________

(b) Add unit cost to the USCG to provide bar coding

$____________

The line (c) amount will become the amount the contracting

officer considered when determining the lowest quoted amount.

(End of provision)

1252.220-90 Local hire. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1220.9001, insert

the following clause:

Local Hire (Oct 1994)

The Contractor shall employ, for the purpose of performing this

contract in whole or in part in a State that has an unemployment

rate in excess of the national average rate of unemployment (as

defined by the Secretary of Labor), individuals who are local

residents and who, in the case of any craft or trade, possess or

would be able to acquire promptly the necessary skills. Local

Resident means a resident or an individual who commutes daily to

that State.

(End of clause)

1252.228-90 Notification of Miller Act payment bond protection. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1228.106-490, insert

the following clause:

Notification of Miller Act Payment Bond Protection (Oct 1994)

This notice clause shall be inserted by first tier

subcontractors in all their subcontracts and shall contain the

surety which has provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 U.S.C.

270), under which the prime contractor has obtained a payment bond.

This payment bond may provide certain unpaid employees, suppliers,

and subcontractors a right to sue the bonding surety under the

Miller Act for amounts owned for work performed and materials

delivery under the prime contract.

(b) Persons believing that they have legal remedies under the

Miller Act should consult their legal advisor regarding the proper

steps to take to obtain these remedies. This notice clause does not

provide any party any rights against the Federal Government, or

create any relationship, contractual or otherwise, between the

Federal Government and any private party.

prime contract is:

----------------------------------------------------------------------

(Name)

----------------------------------------------------------------------

(Street Address)

----------------------------------------------------------------------

(City, State, Zip Code)

----------------------------------------------------------------------

(Contact & Tel. No.)

(End of clause)

1252.237-90 Requirements. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Requirements (Oct 1994)

(a) Except as provided in paragraphs (c) and (d) of this clause,

the Government will order from the Contractor all of its

requirements in the area of performance for the supplies and

services listed in the schedule of this contract.

(b) Each order will be issued as a delivery order and will

list--

(1) The supplies or services being ordered;

(2) The quantities to be furnished;

(3) Delivery or performance dates;

(4) Place of delivery or performance;

(5) Packing and shipping instructions;

(6) The address to send invoices; and

(7) The funds from which payment will be made.

under this contract in instances where the body is removed from the

area for medical, scientific, or other reason.

[[Page 2440]]

(d) In an epidemic or other emergency, the contracting activity

may obtain services beyond the capacity of the Contractor's

facilities from other sources.

(e) Contracting Officers of the following activities may order

services and supplies under this contract--

----------------------------------------------------------------------

(End of clause)

1252.237-91 Area of performance. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Area of Performance (Oct 1994)

(a) The area of performance is as specified in the contract.

(b) The Contractor shall take possession of the remains at the

place where they are located, transport them to the Contractor's

place of preparation, and later transport them to a place designated

by the Contracting Officer.

when both the place where the remains were located and the delivery

point are within the area of performance.

(d) If remains are located outside the area of performance, the

Contracting Officer may place an order with the Contractor under

this contract or may obtain the services elsewhere. If the

Contracting Officer requires the Contractor to transport the remains

into the area of performance, the Contractor shall be paid the

amount per mile in the schedule for the number of miles required to

transport the remains by a reasonable route from the point where

located to the boundary of the area of performance.

(e) The Contracting Officer may require the Contractor to

deliver remains to any point within 100 miles of the area of

performance. In this case, the Contractor shall be paid the amount

per mile in the schedule for the number of miles required to

transport the remains by a reasonable route from the boundary of the

area of performance to the delivery point.

(End of clause)

1252.237-92 Performance and delivery. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Performance and Delivery (Oct 1994)

(a) The Contractor shall furnish the material ordered and

perform the services specified as promptly as possible but not later

than 36 hours after receiving notification to remove the remains,

excluding the time necessary for the Government to inspect and check

results of preparation.

(b) The Government may, at no additional charge, require the

Contractor to hold the remains for an additional period not to

exceed 72 hours from the time the remains are casketed and final

inspection completed.

(End of clause)

1252.237-93 Subcontracting. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Subcontracting (Oct 1994)

The Contractor shall not subcontract any work under this

contract without the Contracting Officer's written approval. This

clause does not apply to contracts of employment between the

Contractor and its personnel.

(End of clause)

1252.237-94 Termination for default. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Termination for Default (Oct 1994)

(a) This clause supplements and is in addition to the Default

clause of this contract.

(b) The Contracting Officer may terminate this contract for

default by written notice without the ten day notice required by

paragraph (a)(2) of the Default clause if--

(1) The Contractor, through circumstances reasonably within its

control or that of its employees, performs any act under or in

connection with this contract, or fails in the performance of any

service under this contract and the act or failures may reasonably

be considered to reflect discredit upon the Department of

Transportation in fulfilling its responsibility for proper care of

remains;

(2) The Contractor, or its employees, solicits relatives or

friends of the deceased to purchase supplies or services not under

this contract. (The Contractor may furnish supplies or arrange for

services not under this contract, only if representatives of the

deceased voluntarily request, select, and pay for them.);

(3) The services or any part of the services are performed by

anyone other than the Contractor or the Contractor's employees

without the written authorization of the Contracting Officer;

(4) The Contractor refuses to perform the services required for

any particular remains; or (5) The Contractor mentions or otherwise

uses this contract in its advertising in any way. (End of clause)

1252.237-95 Group interment. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Group Interment (Oct 1994)

The Government will pay the Contractor for supplies and services

provided for remains interred as a group on the basis of the number

of caskets furnished, rather than on the basis of the number of

persons in the group.

(End of clause)

1252.237-96 Permits. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Permits (Oct 1994)

The Contractor shall meet all State and local licensing

requirements and obtain and furnish all necessary health department

and shipping permits at no additional cost to the Government. The

Contractor shall ensure that all necessary health department permits

are in order for disposition of the remains.

(End of clause)

1252.237-97 Facility requirements. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Facility Requirements (Oct 1994)

(a) The Contractor's building shall have complete facilities for

maintaining the highest standards for solemnity, reverence,

assistance to the family, and prescribed ceremonial services.

(b) The Contractor's preparation room shall be clean, sanitary,

and adequately equipped.

necessary items (e.g. catafalques, structures, trucks, equipment)

for religious services.

(d) The Contractor's funeral home, furnishings, grounds, and

surrounding area shall present a clean and well-kept appearance.

(End of clause)

1252.237-98 Preparation history. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following clause:

Preparation History (Oct 1994)

For each body prepared, or for each casket handled in a group

interment, the Contractor shall state briefly the results of the

embalming process on a certificate furnished by the Contracting

Officer.

(End of clause)

1252.237-99 Award to single offeror. (USCG)

As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert

the following provision:

Award to Single Offeror (Oct 1994)

(a) Award shall be made to a single offeror.

(b) Offerors shall include unit prices for each item. Failure to

include unit prices for each item will be cause for rejection of the

entire offer.

estimated quantities shown.

(d) Award will be made to that responsive, responsible offeror

whose total aggregate offer is the lowest price to the Government.

(End of provision)

Alternate I (Oct 1994)

If mortuary services are procured by negotiations, substitute

the following paragraph (d) for paragraph (d) of the basic

provision:

(d) Award will be made to that responsive, responsible offeror

whose total aggregate offer is in the best interest of the

Government.

[[Page 2441]]

PART 1253--FORMS

12. Sections 1253.215 and 1253.215-270 are removed.

Appendix to Subpart 1253.3--[Amended]

13. The TAR Matrix in the Appendix to Subpart 1253.3 is

redesignated as the Appendix to Part 1252 and revised to read as

follows:

BILLING CODE 4910-62-P

[[Page 2442]]

[GRAPHIC] [TIFF OMITTED] TR14JA99.000

[[Page 2443]]

[GRAPHIC] [TIFF OMITTED] TR14JA99.001

[[Page 2444]]

[GRAPHIC] [TIFF OMITTED] TR14JA99.002

[[Page 2445]]

[GRAPHIC] [TIFF OMITTED] TR14JA99.003

14. Appendix to Subpart 1253.3 is amended by deleting Form DOT F

4220.44.

[FR Doc. 99-767 Filed 1-13-99; 8:45 am]

BILLING CODE 4910-62-C

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.