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(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]

(1) Engine Lubricating Oils (i) MIL-L-46152 (or current version)-Lu

bricating Oil Internal Combustion En

gine, Administrative Service (ii) API Engine Service Category SF-1980

Gasoline Engine Warranty Maintenance

Service (iii) API Engine Service Category CC-Die

sel Engine Service (iv) MIL-L-2104D (or current version)-Lu

bricating Oil Internal Combustion En

gine, Tactical Service (v) API Engine Service Category CD-Diesel

Engine Service (vi) MIL-L-21260D (or current version)

Lubricating Oil Internal Combustion En

gine, Preservative and Break-In (vii) MIL-L-4617 (or current version)Lu

bricating Oil, Internal Combustion En

gine, Arctic (2) Hydraulic Fluids (i) MIL-H-5606 (or current version)Hy

draulic Fluid, Petroleum Base: Aircraft,

Missile, and Ordnance (ii) MIL-H-6083 (or current version)

-Hydraulic Fluid, Petroleum Base: Preserva

tion and Operation (3) Gear Oils (i) MIL-L-2105d (or current version)Lu

bricating Oil, Gear, Multipurpose

652.223–76 Use of Lubricating Oils

Containing Re-Refined Oils. As prescribed in 623.480(8), insert the following clause:

USE OF LUBRICATING OILS CONTAINING RE

REFINED 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

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(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.

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 recov

ered materials and 50% minimum waste

(End of clause)

[59 FR 66769, Dec. 28, 1994]

paper

652.223–78 Use of Recovered Materials

in Paper and Paper Products. As prescribed in 623.480(i), insert the following clause:

Tissue Products

USE OF RECOVERED MATERIALS IN PAPER AND

PAPER PRODUCTS (DEC 1994)

Toilet tissue-20% minimum postconsumer

recovered materials Paper towels-40% minimum postconsumer

recovered materials Paper napkins30% minimum postconsumer

recovered materials Facial tissue-5% minimum postconsumer

recovered materials Doilies—40% minimum postconsumer recov

ered materials Industrial wipes0%

minimum postconsumer recovered materials

Unbleached Packaging

(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

Corrugated boxes 35%

minimum postconsumer recovered materials Fiber boxes

35% minimum postconsumer recovered materials Brown papers (e.g., bags)5% minimum

postconsumer recovered materials

Recycled Paperboard

Reclycled paperboard products_80% mini

mum postconsumer recovered materials

Pad backing-90% minimum postconsumer

recovered materials

(End of clause)

[59 FR 66769, Dec. 28, 1994]

652.228–70 Indemnification.

As prescribed in 628.7001(b), insert the following clause in solicitations and contracts when the contractor's assumption of risk is in the best interest of the Government.

(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.

INDEMNIFICATION (JUL 1988)

(End of clause)

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.

[59 FR 66770, Dec. 28, 1994)

652.228–72 Worker's Compensation In

surance (Defense Base Act)-Construction.

As prescribed in 628.305(b)(2), insert the following clause:

(End of clause)

WORKER'S COMPENSATION INSURANCE (DE

FENSE BASE ACT)CONSTRUCTION (DEC 1994)

652.228–71 Worker's Compensation In

surance (Defense Base Act)-Seryices.

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.

(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 DEFENSE BASE ACT INSURANCE RATES

LIMITATION-SERVICES (DEC 1994)

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.

(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:

(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:

(2) Defense

Base

Act Insurance

Costs:

WAIVER OF THE DEFENSE BASE ACT (DEC 1994)

(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:

(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.

DEFENSE BASE ACT INSURANCE RATES LIMITATION-CONSTRUCTION (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:

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:

(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:

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