AGAR 452.228-71 insurance.pdf

48 CFR Ch. 4 (10–1–02 Edition)452.226–70

If the Contracting Officer does not pose any objections in writing within the 45 day pe-riod, the Contractor may proceed with dis-closure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the ‘‘Disputes’’ clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of mate-rial under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the pro-visions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, dis-closure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping pro-visions in other Federal, State or local laws.

(End of clause)

452.226–70 Preferred Products.

As prescribed in 426.7009(a), include the following provision:

PREFERRED PRODUCTS (MAY 1998)

Specific products required by this solicita-tion and resulting contract are subject to a price or a technical preference. A list of these products, the specific preference, and the manufacturer or producer is included below.

Contract Line Item (or other location in this solicitation): * llllllllllllll

Product: lllllllllllllllllll

Manufacturer/Producer: * llllllllll llllllllllllllllllllllll llllllllllllllllllllllll llllllllllllllllllllllll

Preference: * llllllllllllllll llllllllllllllllllllllll

(End of provision)

*For each line item to which a pref-erence applies, Contracting Officer shall insert appropriate information.

[63 FR 26998, May 15, 1998]

452.226–71 Set-aside for Mandatory Products.

As prescribed in 426.7009(b), include the following provision:

SET-ASIDE FOR MANDATORY PRODUCTS (MAY

1998)

Specific products are set-aside as manda-tory products. These are separately listed in the schedule, specifications, or performance work statement. Specific terms governing the set-aside, and source information for the products are shown below.

Contract Line Item (or other location in this solicitation): * llllllllllllll llllllllllllllllllllllll

Product: * llllllllllllllllll

Manufacturer/Producer: * llllllllll llllllllllllllllllllllll llllllllllllllllllllllll llllllllllllllllllllllll

Set-Aside Terms: * lllllllllllll llllllllllllllllllllllll

(End of provision)

*For each line item to which a set-aside applies, Contracting Officer shall insert appropriate information.

[63 FR 26998, May 15, 1998]

452.226–72 Price Preference for Award.

As prescribed in 426.7009(c), include the following provision:

PRICE PREFERENCE FOR AWARD (MAY 1998)

Certain products listed in the schedule of this solicitation are subject to a price pref-erence. A list of these products, the amount of the preference, and source information is included in provision 452.226-70, Preferred Products. For purposes of evaluation of of-fers only, the offered prices for these prod-ucts will be reduced by the price preference listed in the solicitation.

(End of provision)

[63 FR 26998, May 15, 1998]

452.228–70 Alternative Forms of Secu-rity.

As prescribed in 428.204–2, insert the following provision:

ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: lll*.

(End of provision)

*Contracting Officer shall insert the name of the USDA contracting activity.

452.228–71 Insurance Coverage.

As prescribed in 428.310, insert the following clause:

INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228–5, Insur-ance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the

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Department of Agriculture 452.236–70 amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer’s Liability. The Contractor is required to com-ply with applicable Federal and State work-ers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this cov-erage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance cov-erage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connec-tion with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occur-rence for bodily injury and $20,000 per occur-rence for property damage or loss.

(d) Aircraft Public and Passenger Liabil-ity. When aircraft are used in connection with performing the contract, the Con-tractor shall have aircraft public and pas-senger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than pas-senger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of clause)

Alternate I (NOV 1996). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage:

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of lll* per occurrence.

*Contracting Officer shall insert amount required.

452.232–70 Reimbursement for Bond Premiums—Fixed-Price Construc-tion Contracts.

As prescribed in 432.111, insert the following clause:

REIMBURSEMENT FOR BOND PREMIUMS—FIXED-

PRICE CONSTRUCTION CONTRACTS (NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract.

Reimbursement for bond premiums under the clause at FAR 52.232–5, Payments Under Fixed-Price Construction Contract, shall not cover any amount therefor not included in the contract price.

(End of clause)

[61 FR 53646, Oct. 15, 1996. Redesignated at 63 FR 26996, May 15, 1998.]

452.236–70 Additive or Deductive Items.

As prescribed in 436.205, insert the following provision:

ADDITIVE OR DEDUCTIVE ITEMS (FEB 1988)

The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those addi-tive or deductive bid items providing the most features of the work within the funds determined by the government to be avail-able before bids are opened. If addition of an-other bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added if award therein can be made within such funds. For example, when the amount available is $100,000 and a bidder’s base bid and four successive addi-tives are $85,000, $10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because of each of them would cause the ag-gregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, deter-mined as above provided. The listed order of priority need be followed only for deter-mining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made on the selected first or base bid item and any combination of additive or deductive items for which funds are determined to be avail-able at the time of the award, provided that

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