1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 | 49 | 50 | 51 | 52 | 53
PART 1201 - FEDERAL ACQUISITION REGULATIONS SYSTEM
SUBPART 1201.1 - PURPOSE, AUTHORITY, ISSUANCE
1201.101 Purpose.
The Department of Transportation (DOT) Acquisition Regulation (TAR) establishes uniform acquisition policies and procedures, which implement and supplement the Federal Acquisition Regulation (FAR).
1201.104 Applicability.
(a) Statute, the (FAR) Title 48, Code of Federal Regulations (CFR) Chapter 1, and (TAR) 48 CFR Chapter 12 apply to all acquisitions within the Department unless otherwise excluded by statute, the (FAR) 48 CFR Chapter 1, or (TAR) 48 CFR Chapter 12.
(b) The following order of precedence applies to resolve any question of applicability concerning an acquisition regulation or a procedure found within (TAR) 48 CFR Chapter 12 or the Transportation Acquisition Manual (TAM):
(c) The Maritime Administration may depart from the requirements of the (FAR) 48 CFR Chapter 1 and (TAR) 48 CFR Chapter 12 as authorized by 40 U.S.C. 113(e)(15) but shall adhere to those regulations to the maximum extent practicable. Exceptions from the requirements of the (FAR) 48 CFR Chapter 1 and/or (TAR) 48 CFR Chapter 12 shall be documented according to Maritime Administration procedures or in each contract file, as appropriate.
(d) The (FAR) 48 CFR Chapter 1, (TAR) 48 CFR Chapter 12 and TAM do not apply to the Federal Aviation Administration as provided by the Department of Transportation and Related Agencies Appropriations Act, 1996, Public Law 104-50, unless otherwise directed by the Office of the Secretary of Transportation.
1201.105 Issuance.
1201.105-1 Publication and code arrangement.
(a) The (TAR) 48 CFR Chapter 12 is published in:
(1) The Federal Register; and
(2) Cumulative form in the CFR.
(b) The TAR is issued as Chapter 12 of Title 48 of the CFR
1201.105-2 Arrangement of regulations.(a) General. The (TAR) 48 CFR Chapter 12, which encompasses both Department and Operating Administration (OA)-specific guidance (see "(TAR) 48 CFR 1201.3), conforms with the arrangement and numbering system prescribed by (FAR) 48 CFR 1.104. Guidance that is OA-specific contains the OA’s acronym directly after the heading. The following acronyms apply:
| FMCSA | Federal Motor Carrier Safety 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 |
(b)Numbering. (1) Departmentwide guidance. (i) The numbering illustrations at (FAR) 48 CFR 1.105-2 apply to (TAR) 48 CFR Chapter 12.
(ii) Coverage within (TAR) 48 CFR Chapter 12 is identified by the prefix "12" followed by the complete (FAR) 48 CFR Chapter 1 cite. For example, (TAR) 48 CFR 1201.201-1(b)).
(iii) Coverage in (TAR) 48 CFR Chapter 12 that supplements (FAR) 48 CFR Chapter 1 will use part, subpart, section and subsection numbers ending in "70" through "89" (e.g., (TAR) 48 CFR 1201.301-70). A series of numbers beginning with "70" is used for provisions and clauses.
(iv) Coverage in (TAR) 48 CFR Chapter 12, other than that identified with a "70" or higher number, that implements the (FAR) 48 CFR Chapter 1 uses the identical number sequence and caption of the (FAR) 48 CFR Chapter 1 segment being implemented, which may be to the paragraph level. Paragraph numbers and letters are not always shown sequentially, but may be shown by the specific FAR paragraph implemented. For example, (TAR) 48 CFR 1201.201-1 contains only paragraph (b) because only this paragraph, correlated with FAR, implements (TAR) 48 CFR Chapter 12).
(2) Operating Administration-unique guidance. Supplementary material for which there is no counterpart in (FAR) 48 CFR Chapter 1 or (TAR) 48 CFR Chapter 12 shall be identified using chapter, part, subpart, section, or subsection numbers of "90" and higher.
(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 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 referenced by the numbered cite only.
1201.105-3 Copies.
(a) Copies of the TAR in Federal Register, and CFR form may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC, 20402. The electronic version of the Federal Register may be found at www.nara.gov and the CFR at www.gpoaccess.gov.
(b) The (TAR) 48 CFR Chapter 12 and Transportation Acquisition Circulars (TACs) are available on the internet at http://www.dot.gov/ost/m60.
1201.106 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).
(b) Data collection under proposed contracts. Under the regulations implementing the requirements of the Paperwork Reduction Act (5 CFR 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 requiring this level of information collection may be released prior to OMB approval provided that:
(1) A statement is included in the solicitation to the effect that the contract will not be awarded 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 (CAAC).
SUBPART 1201.3 - AGENCY ACQUISITION REGULATIONS
1201.301 Policy.
(a)(1) Acquisition regulations. (i) Departmentwide acquisition regulations. The Department of Transportation’s (DOT’s) Senior Procurement Executive (SPE) is the individual having authority to issue or authorize the issuance of agency regulations that implement or supplement the FAR and to include agency-unique policies, etc. that govern the contracting process. This authority was re-delegated from the Assistant Secretary for Administration.
(ii) Operating Administration (OA) acquisition regulations. OA acquisition regulations, and any changes thereto, shall be reviewed and approved by the Senior Procurement Executive (SPE) for insertion into the (TAR) 48 CFR Chapter 12 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. OA regulations may be more restrictive or require higher approval levels than those permitted by (TAR) 48 CFR Chapter 12 unless otherwise specified.
(2) Acquisition procedures. The SPE is the individual who issues or authorizes the issuance of internal agency guidance at any organizational level. DOT internal operating procedures are contained in the Transportation Acquisition Manual (TAM). OA procedures necessary to implement or supplement the (FAR) 48 CFR Chapter 1, (TAR) 48 CFR Chapter 12, or TAM may be issued by the Head of the Contracting Agency (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 otherwise specified.
(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 Office of the General Counsel, Assistant General Counsel for Regulation and Enforcement (C-50).
1201.301-70 Amendment of (TAR) 48 CFR Chapter 12.
(a) Changes to the regulation may be the result of recommendations from internal DOT personnel, other Government agencies, or the public. Changes shall be submitted in the following format to the Office of the Senior Procurement Executive (OSPE), 400 7th Street, S.W., Washington, DC 20590:
(1) Problem: Succinctly state the problems created by current (TAR) 48 CFR Chapter 12 language and describe the factual or legal reasons necessitating regulatory change.
(2) Recommendation: Identify the recommended change by using the current language (if applicable), and crossing out the deleted words with a horizontal line. Insert 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 it will solve the problem. Address any cost or administrative impact on Government activities, offerors, and contractors. Provide any other information and documents such as statutes, legal decisions, regulations, reports, etc., that may be helpful.
(4) Point of contact: Provide a point of contact who can answer questions regarding the recommendation.
(b) The (TAR) 48 CFR Chapter 12 is maintained by the SPE through the TAR/TAM change process. This process consists of input from various DOT elements including representatives from DOT OAs specifically designated to formulate Departmental acquisition policies and procedures).
(1) Transportation Acquisition Circular (TAC). TACs (see (TAR) 48 CFR 1201.301-72) will be used to amend (TAR) 48 CFR Chapter 12.
(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 quickly promulgate 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 may be effective for a period of 1 year or less.
(ii) Each TN will expire by a specific 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, solicitations in process or completed negotiations when the TAC or TN is received, new information such as forms and clauses, need not be included if the chief of the contracting office determines that it would not be in the best interest of the Government to include the new information.
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 04-01 and 04-02 indicate the first two TNs issued in fiscal year 2004).
1201.304 Agency control and compliance procedures.
(a) DOT shall control the proliferation of acquisition regulations and any revisions thereto (except as noted in paragraph (b) of this section) by using an internal (TAR) 48 CFR Chapter 12 change process that involves input from many DOT elements including OA representatives on the Procurement Management Council. The OA member shall represent their OA's viewpoint along with Departmentwide considerations in reaching a decision on (TAR) 48 CFR Chapter 12 changes.
(b) OA-unique regulations will not be processed through the TAR/TAM change process, but shall be reviewed by OA legal counsel and submitted to the OSPE for review and approval. (See (TAR) 48 CFR 1252.101 for additional instructions pertaining to provisions and clauses.)
SUBPART 1201.4-70--DEVIATIONS FROM THE FAR AND TAR
1201.403 Individual deviations.
The Head of the Contracting Activity, or designee with a rank that is no lower than that of Senior Executive Service (SES) official or that of a Flag Officer, may authorize individual deviations (unless (FAR) 48 CFR 1.405(e) applies). However, see TAM 1201.403.
1201.404 Class deviations.
The SPE may grant in writing class deviations from the (FAR) 48 CFR Chapter 1 and (TAR) 48 CFR Chapter 12, unless (FAR) 48 CFR 1.405(e) applies.
SUBPART 1201.6--CAREER DEVELOPMENT, CONTRACTING AUTHORITY AND RESPONSIBILITIES
1201.602-3 Ratification of unauthorized commitments.
(b) Policy. DOT policy requires that all procurement decisions shall be made only by Government officials having authority to carry out such acquisitions. Procurement decisions 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. Disciplinary action against an employee who makes an unauthorized commitment may be considered.
1201.603-1 General.
Each DOT OA is responsible for appointing its contracting officers.
PART 1202 - DEFINITIONS OF WORDS AND TERMS
SUBPART 1202.1 – DEFINITIONS
1202.1 Definitions.
Agency, Federal agency or Executive agency means the Department of Transportation.
Chief Information Officer means the Director of the Office of the Chief Information Officer (CIO) (S-80).
Chief of the Contracting Office (COCO) means the individual(s) responsible for managing the contracting office(s) within an Operating Administration.
Contracting activity includes all the contracting offices within an Operating Administration and is the same as the term “procuring activity.”
Contracting officer (CO) means an individual authorized by virtue of their position or by appointment to perform the functions assigned by the Federal Acquisition Regulation (FAR), the Transportation Acquisition Regulation (TAR) and Transportation Acquisition Manual (TAM).
Department of Transportation means all of the Operating Administrations included within the Department of Transportation (DOT).
Head of the agency or agency head for Departmental procurement means the Deputy Secretary except for acquisition actions that, by the terms of a statute or delegation, must be done specifically by the Secretary of Transportation.
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 and is the same as the term “Head of the Procuring Activity.”
Head of the Operating Administration (HOA) means the individual appointed by the President to manage the operating administration.
Operating Administration (OA) means the following components of DOT:
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(1) Federal Aviation Administration (FAA); (FAA is exempt from FAR, TAR and TAM pursuant to the Department of Transportation and Related Agencies Appropriations Act, 1996, Public Law 104-50; |
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(2) Federal Highway Administration (FHWA); |
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(3) Federal Motor Carrier Safety Administration (FMCSA) |
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(4) Federal Railroad Administration (FRA); |
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(5) Federal Transit Administration (FTA); |
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(6) Maritime Administration (MARAD); |
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(7) National Highway Traffic Safety Administration (NHTSA); |
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(8) Office of the Secretary of Transportation (OST) |
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(9) Research and Special Programs Administration (RSPA); |
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(10) Saint Lawrence Seaway Development Corporation (SLSDC). |
Small Business Specialist (SBS) means the individual appointed by each HCA to assist the Director, Office of the Small and Disadvantaged Business Utilization in carrying out the purpose of the Small Business Act.
Senior Procurement Executive (SPE) means the Director of the Office of the Senior Procurement Executive (M-60).
SUBPART 1202.70--INTERNET LINKS
1202.7000 General.
Most documents cited throughout (TAR) 48 CFR Chapter 12, can be found on the internet. (TAR) 48 CFR Chapter 12 will cite the corresponding internet address.
PART 1203 -
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
SUBPART 1203.1--SAFEGUARDS
1203.101-3 Agency regulations.
(b) 5 CFR
Part 2635, Standards of Ethical Conduct for Employees of the Executive Branch, takes
precedence over the DOT regulation at 49 CFR Part 99.
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
(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
1203.204 Treatment of violations.
(a) The
HCA is authorized to determine whether a Gratuities clause violation has
occurred. If the HCA has been personally
and substantially involved in the procurement, Government legal counsel advice
should be sought to determine if a substitute for the HCA should be designated.
(b) The
(c) If
the HCA determines that the alleged gratuities violation occurred during the
"conduct of an agency procurement" the
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 reports of suspected antitrust violations shall be coordinated with
legal counsel for referral to the Department of Justice, if deemed appropriate.
1203.303 Reporting suspected antitrust violations.
(b) The
same procedures contained in (TAR) 48 CFR
1203.203 shall also be followed for suspected antitrust violations,
except reports of suspected antitrust violations shall be coordinated with
legal counsel for referral to the Department of Justice, if deemed appropriate.
SUBPART 1203.4--CONTINGENT FEES
1203.405 Misrepresentations or violations of the Covenant
Against Contingent Fees.
(a) and
(b)(4) The same procedures contained in (TAR)
48 CFR 1203.203 shall also be followed for misrepresentation or
violations of the covenant against contingent fees, except reports of
misrepresentation or violations of the covenant against contingent fees shall
be coordinated with legal counsel for referral to the Department of Justice, if
deemed appropriate.
SUBPART 1203.5--OTHER IMPROPER BUSINESS PRACTICES
1203.502 Subcontractor kickbacks.
1203.502-2 Subcontractor kickbacks.
(g) The
same procedures contained in (TAR) 48 CFR
1203.203 shall also be followed for subcontractor kickbacks.
PART 1204 - ADMINISTRATIVE
MATTERS
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 and contracts when approval to award
the resulting contract must be obtained from an official at a level above the
contracting officer.
SUBPART 1204.8--GOVERNMENT CONTRACT FILES
1204.804-5 Procedures for closing out contract files.
1204.804-570 Supporting closeout documents.
(a) When
applicable (see paragraphs (a)(1) through (4) of this section) and prior to
contract closeout, 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, see (FAR) 48 CFR 52.216-7;
(2) Form
DOT F 4220.45, Contractor's Assignment of Refunds, Rebates, Credits and Other
Amounts, (FAR) 48 CFR 52.216-7;
(3) Form DOT F 4220.46, Cumulative Claim and Reconciliation Statement, see (FAR) 48 CFR
4.804-5(a)(13); and
(4) DD
Form 882, Report of Inventions and Subcontracts,
see (FAR) 48 CFR 52.227-14.
(b) The forms listed in paragraph (a) of this section 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.
(b) The
DOT Office of Small and Disadvantaged Business Utilization (S-40), 400 7th Street, S.W.,
Washington, DC, 20590 publishes a Procurement Forecast of planned procurements
each fiscal year on their website at:
http://osdbuweb.dot.gov/business/procurement/forecast.html.
SUBPART 1205.4--RELEASE OF INFORMATION
1205.402 General public.
(a) Upon request, DOT will furnish the general
public with the following information on proposed contracts and contract
awards:
(1) 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;
(2) 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, if any;
(3) After
the opening of sealed bids, names of firms which submitted bids; and
(4) After
contract award, the names of firms which submitted proposals.
(b) Requests
for other specific information shall be processed in accordance with the DOT
Freedom of Information Act rules and regulations ((TAR) 48 CFR 1224.203).
PART 1206 - COMPETITION REQUIREMENTS
SUBPART 1206.5--COMPETITION ADVOCATES
1206.501 Requirement.
The DOT Senior Competition Advocate (SCA) is the Deputy Assistant Secretary for Administration.
PART 1207 – ACQUISITION PLANNING
SUBPART 1207.3--CONTRACTOR VERSUS GOVERNMENT PERFORMANCE
1207.302 General.
DOT follows OMB Circular A-76, Performance of Commercial
Activities, and (FAR) 48 CFR 7.3 when cost comparisons between Government and
contractor performance are conducted.
1207.305 Solicitation provisions and contract clause.
The contracting officer may insert clause (TAR)
48 CFR 1252.237-73, Key Personnel, in solicitations and contracts when the
acquisition is conducted pursuant to OMB Circular A-76 and meets the clause
prescription requirements at (TAR) 48 CFR 1237.110(b).
TRANSPORTATION ACQUISITION REGULATION
PART 1208
REQUIRED SOURCES OF SUPPLIES AND SERVICES
(RESERVED)
TRANSPORTATION ACQUISITION REGULATION
PART 1209
CONTRACTOR QUALIFICATIONS
(RESERVED)
TRANSPORTATION ACQUISITION REGULATION
PART 1210
MARKET RESEARCH
(RESERVED)
PART 1211 - DESCRIBING AGENCY NEEDS
SUBPART 1211.1--SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS
1211.101 Order of precedence for requirements documents.
Safeguards to ensure safety, security (including sensitive information and information
technology security) and environmental protection shall be included, as
applicable, in requirements documents.
SUBPART 1211.2--USING AND MAINTAINING REQUIREMENTS DOCUMENTS
1211.204-70 Solicitation provisions and contract clauses.
The
contracting officer shall insert the clause at (TAR) 48 CFR 1252.211-70, Index
for Specifications, when an index or table of contents may be furnished with
the specification.
TRANSPORTATION ACQUISITION REGULATION
PART 1212
ACQUISITION OF COMMERCIAL ITEMS
(RESERVED)
PART 1213 - SIMPLIFIED
ACQUISITION PROCEDURES
SUBPART 1213.71--DEPARTMENT
OF TRANSPORTATION PROCEDURES FOR ACQUIRING TRAINING SERVICES
1213.7100
Applicability.
(a) DOT policy at (TAR) 48 CFR 1237.7000 also applies to
the Standard Form (SF) 182, Request, Authorization, Agreement and Certification
of Training, which may be used to acquire training services; however, the
policy does not apply to training services acquired by the Government
purchase/credit card. The Government purchase/credit card can only be used to
acquire training services valued at $2,500 or less.
(b) As reflected in (TAR) 48 CFR 1237.7002, this policy
does not apply to training attended by DOT employees which
is scheduled and conducted by Government sources of supply, educational
institutions, or private entities where DOT does not control or sponsor the
training. Examples of when the policy does and does not apply include:
(1) When SF 182s are issued for
three DOT employees to attend a one week course at a university or other
private entity, the policy does not apply. DOT does not control this course
because the university or private entity has a contract in place with the
training provider and DOT is placing an order under an existing contract; and
(2) When DOT awards a contract to a university or other private
entity to provide training for DOT and/or other Government personnel, the
policy applies. DOT controls this course; therefore, no soliciting or
advertising of private non-Government training while conducting the
contracted-for training is permitted.
1213.7101
Solicitation provision and contract clause.
(a)
Contracting officers shall insert the provision at (TAR) 48 CFR 1252.237-71,
Certification of Data, in all solicitations and requests for quotations, and
the clause at (TAR) 48 CFR 1252.237-72, Prohibition on Advertising, in
solicitations, requests for quotations, and all contracts (e.g., purchase
orders, SF 182s) for training services when the content and/or presentation of
the training is controlled by DOT. [NOTICE:
The
Secretary of Transportation has determined that the certification required by
(TAR) 48 CFR 1252.237-71 shall be retained in accordance with Section
4301(b)(1)(B)(i)(II) of the Federal Acquisition Reform Act (Public Law 104-106,
41 U.S.C. 425, note) and DOT Memorandum dated July 17, 1996.]
(b) Contracting officers shall incorporate the successful offeror's certified data into any resultant contract(s). Certified data may be adopted by reference, if the contracting officer determines it contains information sufficient to reliably describe the certified data submitted. For example, this type of information includes dated material such as resumes and company or personnel qualifications.
PART 1214 - SEALED BIDDING
SUBPART 1214.3--SUBMISSION OF BIDS
1214.302 Bid submission.
(b)(1) 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.
PART 1215 -
CONTRACTING BY NEGOTIATION
SUBPART
1215.2--SOLICITATION
AND RECEIPT OF PROPOSALS AND INFORMATION
1215.207
Handling proposals and information.
(a) Offeror’s
proposals and information received in response to a request for information
shall be marked as required by TAM 1203.104-4, as applicable.
(b)
Proposals may be released outside the Government whenever it is the only means
of receiving the most competent technical and/or management evaluation
available.
SUBPART 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.
DOT's
policy encourages submission of new and innovative ideas that will support
DOT's mission. Through the various Operating Administrations (OAs), DOT is
responsible for transportation safety improvements, international
transportation agreements and the continuity of transportation services in the
public interest.
1215.603 General.
DOT will
accept unsolicited proposals from any entity for review and consideration.
However, DOT will not pay any costs associated with the preparation of these
proposals. Proposals that 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
type of effort submitted in the proposal determines which DOT OA should receive
and evaluate the proposal.
(b)
Unsolicited proposals should be submitted to the responsible OA contracting
office for appropriate handling. Specific information concerning the mission of
each DOT OA is available on the worldwide web at http://www.dot.gov. Prospective contractors are urged to contact
these contracting/procurement offices prior to submitting a proposal to ensure
that the unsolicited proposal reaches the correct contracting office for
action. This action will reduce unnecessary paperwork and wasted time for both
the Government and the prospective contractors.
1215.606 Agency procedures.
(a) The
Chief of the Contracting Office is responsible for establishing procedures for
controlling unsolicited proposals received in the contracting office. 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.
(b) The
OA contracting office is the designated point of contact for receipt and
handling of unsolicited proposals.
Persons within DOT who receive unsolicited proposals, such as technical
personnel, shall forward the document to their responsible contracting office.
1215.606-1 Receipt and initial
review.
(a) The
agency contact point must make an initial review determination within seven
calendar days after receiving a proposal.
(b) If
the proposal meets the requirements at (FAR) 48 CFR 15.606-1(a), the agency
contact point must acknowledge receipt within three calendar days after making
the initial review determination and advise the offeror of the general
timeframe for completing the evaluation.
(c) If
the proposal does not meet the requirements of (FAR) 48 CFR 15.606-1(a), the
agency contact point must return the proposal within three calendar days after
making the determination. The agency point of contact must inform the offeror,
in writing, of the reasons for returning the proposal.
1215.606-2 Evaluation.
(a)
Comprehensive evaluations should be completed within sixty calendar days after
making the initial review determination. If additional time is needed, then the
agency contact point shall advise the offeror accordingly and provide a new
evaluation completion date. The evaluating office must 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 offeror is required by the evaluating office,
the evaluator must convey this request to the responsible contracting office.
The evaluator shall not directly contact the proposal originator.
(b) If the evaluator recommends acceptance of
the proposal, the responsible contracting officer shall ensure compliance with
all of the requirements of (FAR) 48 CFR 15.607.
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.
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
1216.406-70 DOT contract clauses.
(a) As authorized by (FAR) 48 CFR 16-406(e), 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
1216.5--INDEFINITE-DELIVERY CONTRACTS
1216.505 Ordering.
(b)(5) Unless otherwise
designated by the Head of the Operating Administration, the Competition
Advocate for the Operating Administration (OA) is designated as the OA Task and
Delivery Order Ombudsman. If any corrective
action is needed after reviewing complaints from contractors on task and
delivery order contracts, the OA Ombudsman shall provide a written
determination of such action to the contracting officer. Issues that cannot be resolved within the OA,
shall be forwarded to the DOT Task and Delivery Order Ombudsman for review and
resolution. The DOT Task and Delivery
Order Ombudsman is located in the Office of the Senior Procurement Executive.
SUBPART
1216.6--TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS
1216.603 Letter contracts.
1216.603-4 Contract clauses.
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 1217.70--FIXED PRICE
CONTRACTS FOR VESSEL REPAIR, ALTERATION OR CONVERSION
1217.7000 Definition.
Lay Days means time allowed to the master of a vessel
for loading and unloading the same.
1217.7001 Clauses.
(a) The
clause at (TAR) 48 CFR 1252.217-70, 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 1252.217-70, Guarantee, is 60 days. In certain instances, it may be advisable for
the contracting officer to include a contract clause for a guarantee period
longer than 60 days. These instances are as follows:
(i) If,
as result of a full inquiry, the contracting officer determines that there will
be no increased costs as a result of a longer guarantee period, the contracting
officer may substitute guarantee longer than the usual 60 days; or
(ii)
When the contracting officer’s inquiry discloses that increased costs will
result or are expected to result from a longer guarantee period, the
contracting officer shall submit a letter to the Chief of the Contracting
Office, requesting approval for use of guarantee period in excess of 60 days.
The letter must contain sufficient facts to justify the use of a longer guarantee
period. Upon approval, the contracting
officer may insert a longer period in the first sentence of the clause at (TAR)
48 CFR 1252.217-70, Guarantee.
(b) The
following clauses are required:
(1)
(TAR) 48 CFR 1252.217-71 through (TAR) 48 CFR 1252.217-74; and,
(2)
(TAR) 48 CFR 1252.217-76 through (TAR) 48 CFR 1252.217-80.
(c)
(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.
(d)
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 shall be included.
(e) (TAR) 48 CFR 1252.217-75 may be included in negotiated solicitations and contracts to be performed outside the United States.
TRANSPORTATION ACQUISITION REGULATION
PART 1218
(RESERVED)
PART 1219 - SMALL BUSINESS
PROGRAMS
SUBPART 1219.2--POLICIES
1219.201 General policy.
(c) The Director, Office of Small
and Disadvantaged Business Utilization (S-40), is responsible for carrying out the functions and duties in sections 8, 15, and 31 of the
Small Business Act, as amended. (15
U.S.C. 637, 644, and 657.)
SUBPART 1219.8--CONTRACTING
WITH THE SMALL BUSINESS ADMINISTRATION (The 8(a) Program)
1219.800 General.
(f) The Small
Business Administration (SBA) and DOT have entered into a Partnership Agreement
(PA) authorizing DOT contracting officers to enter into direct 8(a) contracts
on behalf of SBA.
1219.811-3 Contract clauses.
(d)(3) When an acquisition is processed pursuant to
the DOT/SBA Partnership Agreement, the contracting officer shall use the clause
at (FAR) 48 CFR 52.219-18, Notification of Competition Limited to Eligible 8(a)
Concerns, with its Alternate III, (TAR) 48 CFR 1252.219-72.
(f) The contracting officer shall insert the clause at 1252.219-71, Section 8(a) Direct Awards, in all solicitations and contracts processed under the PA. In accordance with the CAAC Letter 98-3, the following FAR clauses shall not be used when processing a Direct 8(a) award under the MOU: (FAR) 48 CFR 52.219-11, Special 8(a) Contract Conditions, (FAR) 48 CFR 52.219-12, Special 8(a) Subcontract Conditions, and (FAR) 48 CFR 52.219-17, Section 8(a) Award.
1219.812 Contract administration.
(d) All
direct 8(a) awards made pursuant to the PA are subject to 15 U.S.C. 637(a)
(21). These contracts contain the clause
at (TAR) 48 CFR 1252.219-71, Section 8(a) Direct Award, which requires the 8(a)
contractor to notify the SBA and the contracting officer when ownership of the
firm is being transferred.
SUBPART 1219.10--SMALL BUSINESS
COMPETITIVENESS DEMONSTRATION PROGRAM
1219.1003 Purpose.
(b)
Contracting officers shall use the targeted industry categories listed
at (TAR) 48 CFR 1219.1005(b) to expand small business participation in the
small business competitive demonstration program.
1219.1005 Applicability.
(b) Targeted
industry categories. DOT's targeted industry categories are shown in Appendix A to
this part.
|
|
TARGETED INDUSTRY CATEGORIES* |
FPDS Products |
|
(1) |
Engineering Development |
AT94 |
|
(2) |
Systems Engineering Services
(Only) |
R414 |
|
(3) |
Radio/TV Communication Equipment
(except airborne) |
5820 |
|
(4) |
Maintenance, Repair, and
Rebuilding of engines, turbines, components and weapons equipment |
J028/ |
|
(5) |
ADP Central Processing Units: |
7020 |
|
(6) |
ADP Support Equipment |
7035 |
|
(7) |
ADP Components |
7050 |
|
(8) |
ADP Development Services and ADP
Teleprocessing and Timesharing Services |
D302/ |
|
(9) |
Gas Turbines and Jet Engines,
Aircraft; and Components |
2840 |
|
(10) |
Radar Equipment (except
airborne) and Navigation and Navigational Aids (basic research). |
5840/ |
* The industry categories were
derived from Federal Procurement Data System Product and Service Codes Manual.
TRANSPORTATION ACQUISITION REGULATION
PART 1220
(RESERVED)
TRANSPORTATION ACQUISITION REGULATION
PART 1221
(RESERVED)
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.
(a) It
is DOT policy 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, the Office of the General Counsel, Office
of Environmental Law, Civil Rights and General Law (C-10), within the Office
of the Secretary of Transportation or corresponding OA labor advisor,
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) When applicable,
the contracting officer may 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) When applicable
the contracting officer may 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.
1222.406-9Withholding from or suspension of
contract payments.
(c) Disposition of contract payments withheld or suspended.
(1) Forwarding
wage underpayments to the Secretary of
the Treasury. 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 Standard Form
(SF) 1093, Schedule of Withholding Under the
Davis-Bacon Act or the Contract Work Hours and Safety Standards Act, before
payment can be made to the employee.
PART 1223 - ENVIRONMENT, ENERGY
AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE WORKPLACE
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. Upon
written request, copies of
the applicable National Highway Traffic
Safety Administration (NHTSA) policies and procedures may be obtained from
NHTSA's Associate Administrator for Administration (NPO-200), 400 7th Street, S.W., Washington, D.C. 20590.
(c) Pursuant to Executive Order 13043,
Increasing Seat Belt Use in the United States, the contracting officer shall
insert the clause at (TAR) 48 CFR 1252.223-73, Seat Belt Use Policies and
Programs in all solicitations and contracts, exceeding the simplified
acquisition threshold.
PART 1224 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
SUBPART 1224.1--PROTECTION OF INDIVIDUAL PRIVACY
1224.102-70
General.
(a) Systems of records to which the Privacy Act applies
shall not be released except by the Government regardless of whether the
Government or a contractor acting on behalf of the Government is maintaining
the records. Examples of systems of records are:
(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 applications for licenses; and
(3) Any other detailed record containing information
identifiable with a particular person.
(b) Examples of systems of records to which the Privacy Act
does not apply are:
(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) Records generated on contract students pursuant to
their attendance (e.g., admission forms, grade reports) when contracting with
an educational institution. These
records must be similar to those maintained on other students, must not reveal
their identities, and must not be commingled with records of other
students.
1224.103 Procedures.
DOT rules and regulations implementing the Privacy Act of
1974 are located at 49 CFR Part 10.
SUBPART
1224.2--FREEDOM OF INFORMATION ACT
1224.203
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.
TRANSPORTATION ACQUISITION REGULATION
PART 1225
FOREIGN ACQUISITION
(RESERVED)
TRANSPORTATION ACQUISITION REGULATION
PART 1226
OTHER SOCIOECONOMIC PROGRAMS
(RESERVED)
PART 1227 - PATENTS, DATA, AND
COPYRIGHTS
SUBPART 1227.3--PATENT RIGHTS UNDER GOVERNMENT CONTRACTS
1227.304 Procedures.
1227.304-5 Appeals.
(b) Agency actions listed at
(FAR) 48 CFR 27.304-5(a)(1) and
(a)(3) through (a)(5) may be appealed to the Head of the Contracting
Activity (HCA). Actions under this
section shall be coordinated with the legal counsel of the responsible office.
(1) Actions must be appealed within 30 days of
receipt of the written statement required by
(FAR) 48 CFR 27.304-5(a). The
contractor must present all pertinent arguments in the appeal along with
documentary evidence, if any.
(2) The HCA shall issue a determination within 45
days from the date the contractor’s appeal is received.
(c) Appeals of decisions rendered under
(FAR) 48 CFR 27.304-5(a)(2) are subject to the following requirements:
(1) Actions must be appealed within 30 days of
receipt of the written statement required by
(FAR) 48 CFR 27.304-5(a). The
contractor must present all pertinent arguments in the appeal along with
documentary evidence, if any.
(2) The HCA may hold an informal hearing if deemed
appropriate or at the request of the contractor. The informal hearing shall be held after
all fact-finding is completed.
(i) If a hearing is held, there shall be a
transcribed record of the same. A
copy of the transcript shall be available to the contractor at cost.
(ii) Transcription of the hearing may be waived by
mutual agreement of the parties.
(3) The HCA shall designate an impartial fact-finding
official. The official conducting
the fact-finding shall prepare findings of fact and transmit them to the HCA
promptly after the conclusion of the fact-finding proceeding along with a
recommended determination.
(i) A copy of the findings of fact shall be sent to
the contractor (assignee or exclusive licensee) by registered or certified mail.
The contractor (assignee or exclusive licensee) and agency representatives will
be given 30 days to submit written arguments to the HCA; and, upon request by
the contractor oral arguments will be held before the HCA as part of an informal
hearing. The HCA will make the final
determination as to whether the initial agency action was appropriate under the
relevant laws and procedures (See paragraph
1227.304-5(c)(4)).
(ii) Any portion of the informal hearing that
involves testimony or evidence shall be closed to the public. Agencies shall not disclose any such
information obtained in the course of the appeal to persons outside the
government except when such release is authorized by the contractor (assignee or
licensee).
(4) The HCA's final determination shall be based
on the findings of facts, together with any other information and written or
oral arguments submitted by the contractor (assignee or exclusive licensee) and
agency representatives, and any other information in the administrative record.
The HCA may reject only those facts that have been found clearly erroneous and
must explicitly state the rejection and the basis for the contrary finding. The
HCA shall provide the contractor (assignee or exclusive licensee) a written
determination by certified or registered mail no later than 90 days after
fact-finding is completed or no later than 90 days after oral arguments,
whichever is later.
1227.305 Administration of patent
rights clauses.
1227.305-4 Conveyance of
invention rights acquired by the Government.
Solicitations and contracts that include a patent rights clause must provide the contractor the means 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 AND OTHER FINANCIAL PROTECTIONS
1228.106
Administration.
1228.106-1
Bonds and bond-related forms.
(b) Standard Form (SF) 25, Performance Bond, prescribed at (FAR) 48 CFR
28.106-1(b), shall 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) When furnishing
surety information, the inquirer should also be informed that:
(1) Persons believing that they have legal remedies under
the Miller Act (40 U.S.C. 3131-3134) 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. To insure proper payment to such
employees, this investigation is required pursuant to the provisions of the
Davis-Bacon Act, Contract Work Hours and Safety Standards Act (40 U.S.C. 3141),
and Copeland (Anti-Kickback) Act (41 U.S.C. 51-58).
(c) When furnishing a copy of a payment bond and contract
in accordance with (FAR) 48 CFR 28.106-6(b),
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
1224.203).
1228.106-70
Execution and administration of bonds.
(a) The contracting
officer shall notify the surety within
30 days, 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(s), other than an annual bond, shall not predate
the contract to which it pertains.
(d) Bonds may
be filed with the original contract to which they apply, or all bonds can be separately maintained and
reviewed quarterly for validity. If separately maintained, each contract file shall cross-reference the applicable
bonds.
1228.106-71 Performance
and payment bonds for certain contracts.
1228.106-7100 Waiver.
(a) Pursuant to the authority vested in the Secretary of Transportation by the
Miller Act, the requirements of 40 U.S.C. 3131 et seq. are waived, to the
extent authorized in 40 U.S.C. 3134(b),
with respect to contracts for the construction, alteration, or repair of
vessels when the contract is made under sections 1535 and 1536 of Title 31, the
Merchant Marine Act 1936 (46 App. U.S.C. 1101 et. seq.), or the Merchant Ship
Sales Act of 1946 (50 App. U.S.C. 1735 et seq.), regardless of the terms of the
contracts as to payment or title.
(b) The Miller Act’s
requirement that certain contracts have payment bonds in place in order to
protect the public, including the Government, material, men and laborers is not
generally necessary with respect to the classes of contracts described under (TAR) 48 CFR
1228.106-7100(a). Inasmuch as
the Government would directly or indirectly bear the burden of premiums for
performance and payment bonds obtained in connection with such contracts, a
substantial savings can be made by waiving the requirement that they be
obtained. However, unusual circumstances
may arise in which either payment or performance bonds, or both, will be
advantageous in connection with certain such contracts.
1228.106-7101 Exception.
A performance and payment bond
for the contracts described under (TAR) 48 CFR
1228.106-7100(a) may be
advantageous in view of unusual circumstances arising in connection with such
contracts. Requests for the authority to
include the requirement for either a performance or payment bond, or both in
the contracts described under (TAR) 48 CFR
1228.106-7100(a) shall be
submitted by the contracting officer to the HCA, before a solicitation is
issued.
1228.106-470
Contract clause.
The contracting officer must
insert the clause at (TAR) 48 CFR
1252.228-73, Notification of Miller Act Payment Bond Protection, in
solicitations and contracts when payment bonds are required.
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 must 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) 49 U.S.C. 44112, as amended, provides that an aircraft
lessor under a lease of 30 days or more is not liable for injury or death of
persons, or damage or loss of property, unless the aircraft is in the actual
possession or control of the lessor and the damage occurs because of
(1) The aircraft, engine or propeller, or
(2) The flight of, or an
object falling from, the aircraft, engine, or propeller. 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 must other
personnel be permitted to take command of the aircraft.
1228.307-1
Group insurance plans.
(a) Prior approval
requirements. The contracting officer shall instruct the
contractor on a contract-by-contract basis on proposed purchases of group
insurance plans. Legal advice should be sought where necessary on the
advantages to the Government.
1228.311-1
Contract clause.
The contracting officer shall insert the clause at (FAR) 48 CFR 52.228-7, Insurance Liability to Third Persons, as prescribed in FAR 28.311-1 unless it is waived by an official one level above the contracting officer.
TRANSPORTATION ACQUISITION REGULATION
PART 1229
TAXES
(RESERVED)
TRANSPORTATION ACQUISITION REGULATION
PART 1230
COST ACCOUNTING STANDARDS ADMINISTRATION
(RESERVED)
PART
1231 - CONTRACT COST PRINCIPLES AND PROCEDURES
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.
(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 Management and Budget (OMB) regulation at 5 CFR
Part 1315 as implemented by (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 to this
part, Instructions for Completing the SF 1034, and Appendix B to this part, Instructions for Completing the SF 1035.
APPENDIX A TO PART 1232
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 numbered items correspond to the entries on the form.
|
Caption
on the SF 1034 |
Data
to be Inserted in the Block |
|
1. |
Name
and address of the contracting 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; |
Leave
all these blocks blank. |
|
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; PER) |
Leave
blank. |
|
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 TO PART 1232
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 responsible 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 traveler, 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