Title Name of company, firm, or organization Date (End of clause) [59 FR 66768, Dec. 28, 1994] 652.223-72 Use of Double-Sided Copying in the Submissions of Bids or Proposals. As prescribed in 623.480(c), insert the following provision: USE OF DOUBLE-SIDED COPYING IN THE SUBMISSIONS OF BIDS OR PROPOSALS (DEC 1994) (a) For the purposes of this provision, "double-sided copying" means copying two one-sided originals on to the front and back side of one sheet of paper. (b) Unless otherwise stated in the solicitation, offerors shall use double-sided copying to reproduce all bids or proposals in response to this solicitation. (End of provision) [59 FR 66768, Dec. 28, 1994] 652.223-73 Use of Double-Sided Copy- USE OF DOUBLE-SIDED COPYING IN THE (a) For the purposes of this clause, “double-sided copying" means copying two onesided originals on to the front and back side of one sheet of paper. (b) Unless otherwise stated in this contract or otherwise directed by the contracting officer, the contractor shall use double-sided copying to reproduce any progress report, draft report, of final report produced under this contract. (End of clause) [59 FR 66769, Dec. 28, 1994] 652.223-74 Use of Fly Ash as a Partial Replacement for Cement and Con crete. As prescribed in 623.480(e), insert the following clause: NOTE: The minimum content standards are based on the weight of the material (not volume) in the insulating core only. (c) The Architect/Engineer shall include as a design consideration the Department's preference for the use of building insulation produced with recovered materials. The Architect/Engineer shall specify the type of building insulation products to be supplied, and shall justify in writing the basis of the selected product type if it is listed above, or if any product listed above has a higher minimum content standard than the selected product. (End of clause) [59 FR 66769, Dec. 28, 1994] 652.223-76 Use of Lubricating Oils Containing Re-Refined Oils. As prescribed in 623.480(g), insert the following clause: USE OF LUBRICATING OILS CONTAINING REREFINED OILS (DEC 1994) (a) If the contractor is required to supply lubricating oils, hydraulic fluids, or gear oils under this contract, the contractor shall supply products conforming to the listed military specifications as set forth below unless the contracting officer determines that the listed products will not satisfy the Department's needs. EPA LUBRICATING OILS CONTAINING RE- (1) Engine Lubricating Oils (i) MIL-L-46152 (or current version)-Lubricating Oil Internal Combustion Engine, Administrative Service (ii) API Engine Service Category SF-1980 Gasoline Engine Warranty Maintenance Service (iii) API Engine Service Category CC-Diesel Engine Service (iv) MIL-L-2104D (or current version)-Lubricating Oil Internal Combustion Engine, Tactical Service (v) API Engine Service Category CD-Diesel Engine Service (vi) MILL-21260D (or current version)— Lubricating Oil Internal Combustion Engine, Preservative and Break-In (vii) MIL-L-4617 (or current version)—Lubricating Oil, Internal Combustion Engine, Arctic (2) Hydraulic Fluids (i) MIL-H-5606 (or current version)—Hydraulic Fluid, Petroleum Base: Aircraft, Missile, and Ordnance (ii) MIL-H-6083 (or current version)—Hydraulic Fluid, Petroleum Base: Preservation and Operation (3) Gear Oils (i) MIL-L-2105d (or current version)-Lubricating Oil, Gear, Multipurpose (b) Copies of the above specifications may be obtained from: Standardization Document Order Desk, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094. (c) Any lubricating oils, hydraulic fluids, or gear oils delivered under this contract that conform to the above listed military specifications shall contain a minimum of 25% re-refined oils. (End of clause) [59 FR 66769, Dec. 28, 1994] 652.223-77 Use of Retread Tires. As prescribed in 623.480(h), insert the following clause: USE OF RETREAD TIRES (DEC 1994) (a) If the contractor is required to maintain or replace Government tires under this contract, the contractor shall to the maximum extent practicable obtain retreading services for existing tires, if the carcass is retreadable, from firms identified in the U.S. General Services Administration's Federal Supply Schedule 26 II, Pneumatic Tires. (b) If such retreading services are not practicable, replacement retread tires shall be procured in accordance with GSA specification ZZ-T-381 for replacement tires. (End of clause) [59 FR 66769, Dec. 28, 1994] 652.223–78 Use of Recovered Materials in Paper and Paper Products. As prescribed in 623.480(i), insert the following clause: USE OF RECOVERED MATERIALS IN PAPER AND PAPER PRODUCTS (DEC 1994) (a) If the contractor is required under this contract to deliver any of the paper and paper products listed below, all such items delivered shall meet the minimum content standards for recovered materials, postconsumer recovered materials, or waste paper set forth in paragraph (b). (1) Recovered materials are defined as waste material and by-products that have been recovered or diverted from solid waste, not including those materials and by-products generated from, and commonly reused within, an original manufacturing process. (2) Postconsumer recovered materials are defined as waste materials recovered from retail stores, office buildings, homes and so forth after they passed through their end usage as a consumer item. (3) Waste paper is defined as all items from the first two categories above in addition to forest residues, and manufacturing and other wastes. (b) Unless otherwise stated in this contract or otherwise directed by the contracting officer, the contractor shall use "High Grade Bleached Printing and Writing Papers" as defined in this clause to produce all progress reports, final reports, and any other products required to be delivered to the Government under this contract. MINIMUM CONTENT STANDARDS FOR SELECTED PAPER AND PAPER PRODUCTS Newsprint 40% minimum postconsumer recovered materials High Grade Bleached Printing and Writing Papers Offset printing-50% minimum waste paper Mimeo and duplicator paper-50% minimum waste paper Writing (stationery) 50% minimum waste paper Office paper (e.g., note pads)—50% minimum waste paper Paper for high speed copiers 50% minimum waste paper Envelopes-50% minimum waste paper Form bond including computer paper and carbonless-50% minimum waste paper Book papers-50% minimum waste paper Bond papers-50% minimum waste paper Ledger-50% minimum waste paper Cover stock-50% minimum waste paper Cotton fiber papers-25% minimum recovered materials and 50% minimum waste paper INDEMNIFICATION (JUL 1988) The Contractor expressly agrees to indemnify and to save the Government, its officers, agents, servants, and employees harmless from and against any claim, loss, damages, injury, and liability, however caused, resulting from or arising out of the Contractor's fault or negligence in connection with the performance of work under this contract. Further, any negligence or alleged negligence of the Government, its officers, agents, servants, or employees, shall not bar a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, or employees is the sole competent, and producing cause of such claim, loss, damages, injury, or liability. (End of clause) 652.228-71 Worker's Compensation Insurance (Defense Base Act)-Services. As prescribed in 628.305(b)(1), insert the following clause: WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT)-SERVICES (DEC 1994) (a) This clause supplements FAR 52.228-3. (b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the Department of State and the Department's DBA insurance carrier unless the contractor has a DBA self-insurance program approved by the Department of Labor. The contractor shall submit a copy of the Department of Labor's approval to the contracting officer upon contract award. (c) Since the Department of State has secured a waiver of DBA coverage for contractor's employees who are not citizens of, residents of, or hired in the United States, the contractor agrees to provide such employees with worker's compensation benefits as required by the laws of the country in which the employees are working, or by the laws of the employee's native country, whichever offers greater benefits. (d) The contractor agrees to insert a clause substantially the same as this one in all subcontracts to which the DBA is applicable. Subcontractors shall be required to insert a similar clause in any of their subcontracts subject to the DBA. (e) The cost of DBA insurance is paid on an annual basis. If the period of performance of this contract extends beyond one year, the Department shall reimburse the contractor for any additional insurance cost on a reimbursable basis through a contract modification. (f) Should the rates for DBA insurance coverage increase during the performance of this contract, the Department shall reimburse the contractor for the increased cost through a contract modification. In the event the DBA insurance rates decrease during contract performance, the contractor shall reduce the reimbursable cost proportionately. (End of clause) [59 FR 66770, Dec. 28, 1994] 652.228-72 Worker's Compensation Insurance (Defense Base Act)-Construction. As prescribed in 628.305(b)(2), insert the following clause: WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) CONSTRUCTION (DEC 1994) (a) This clause supplements FAR 52.228-4. (b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the Department of State and the Department's DBA insurance carrier unless the contractor has a DBA self-insurance program approved by the Department of Labor. The contractor shall submit a copy of the Department of Labor's approval to the contracting officer upon contract award. The current rate under the Department of State contract is [contracting officer insert current rate] of compensation for construction. (c) Since the Department of State has secured a waiver of DBA coverage for contractor's employees who are not citizens of, residents of, or hired in the United States, the contractor agrees to provide such employees with worker's compensation benefits as required by the laws of the country in which the employees are working, or by the laws of the employee's native country, whichever offers greater benefits. (d) The contractor agrees to insert a clause substantially the same as this one in all subcontracts to which the DBA is applicable. Subcontractors shall be required to insert a similar clause in any of their subcontracts subject to the DBA. (e) Should the rates for DBA insurance coverage increase or decrease during the performance of this contract, the Department shall modify this contract accordingly. (f) The contractor shall demonstrate to the satisfaction of the contracting officer that the equitable adjustment as a result of the insurance increase or decrease does not include any reserve for such insurance. Adjustment shall not include any overhead, profit, general and administrative expense, etc. (End of clause) [59 FR 66770, Dec. 28, 1994] 652.228-73 Waiver of the Defense Base Act. As prescribed in 628.305(b)(3), insert the following clause: WAIVER OF THE DEFENSE BASE ACT (DEC 1994) (a) Upon recommendation of the Secretary of State, the Secretary of Labor may waive the applicability of the Defense Base Act with respect to any contract, subcontract, or subordinate contract; work location; or classification of employees. (b) Either the contractor or the Department of State may request a waiver from coverage. Such a waiver may apply to any employees who are not U.S. citizens, not residents of, or are not hired in the United States. Waivers requested by the contractor shall be submitted to the contracting officer for approval and further submission to the contracting officer for approval and further submission to the Department of Labor. Application for a waiver shall be submitted on Department of Labor Form BEC-565. Where such waivers are granted from coverage under the DBA, the waiver is conditioned on providing other worker's compensation coverage to employees to which the waiver applies. Usually this takes the form of securing worker's compensation coverage of the country where work will be performed or of the employee's native country, whichever offers greater benefits. Information as to whether a DBA waiver has been obtained by the Department for a particular country may be obtained from the contracting officer. (End of clause) [59 FR 66770, Dec. 28, 1994] 652.228-74 Defense Base Act Insurance Rates-Limitation-Services. As prescribed in 628.306(a)(1), insert the following provision: 179-195 D-98--19 567 DEFENSE BASE ACT INSURANCE RATES LIMITATION-SERVICES (DEC 1994) (a) The Department of State has entered into a contract with an insurance carrier to provide DBA insurance to Department of State contractors at a contracted rate. The rates for this insurance are as follows: Services @ [contracting officer insert current rate] of compensation. (b) Bidders/Offerors should compute the total compensation (direct salary plus differential, but excluding per diem, housing allowance and other miscellaneous post allowances) to be paid to employees who will be covered by DBA insurance and the cost of DBA insurance in their bid/proposal using the foregoing rate, and insert the totals in the spaces provided. The DBA insurance cost shall be included in the total fixed price. The DBA insurance costs shall be reimbursed directly to the contractor. (1) Compensation of Covered Employees: (2) Defense Base Act Insurance Costs: (3) Total Cost: (c) Bidders/Offerors shall include a statement as to whether or not local nationals or third country nationals will be employed on the resultant contract. (End of provision) [59 FR 66771, Dec. 28, 1994] 652.228-75 Defense Base Act Insurance Rates-Limitation-Construction. As prescribed in 628.306(a)(2), insert the following provision: DEFENSE BASE ACT INSURANCE RATES- (a) The Department of State has entered into a contract with an insurance carrier to provide DBA insurance to Department of State contractors at a contracted rate. The rates for this insurance are as follows: Construction @ [contracting officer insert current rate] of compensation. (b) Bidders/Offerors should compute the total compensation (direct salary plus differential, but excluding per diem, housing allowance and other miscellaneous post allowances) to be paid to employees who will be covered by DBA insurance and the cost of DBA insurance in their bid/proposal using the foregoing rate, and insert the totals in the spaces provided for the base year and each year thereafter, if applicable The DBA insurance cost shall be included in the total fixed price. The DBA insurance costs shall be reimbursed directly to the contractor. (1) Compensation of Covered Employees: |