(2) Defense Base Act Insurance Costs: (3) Total Cost: (End of provision) [59 FR 66771, Dec. 28, 1994] 652.228-76 Defense Base Act Insurance Rates-Limitation-Cost-Reim bursement. As prescribed in 628.307, insert the following provision: DEFENSE BASE ACT INSURANCE RATES-LIMITATION-COST-REIMBURSEMENT (DEC 1994) (a) The Department of State has entered into a contract with an insurance carrier for Defense Base Act (DBA) insurance which applies to all contracts entered into by the Department which requires DBA insurance coverage. In preparing the cost proposal, the offeror shall use the following rates in computing the cost for such insurance: Services [contracting officer insert current rate] of compensation (direct salary plus differential but excluding per diem, housing allowance, education allowance, and miscellaneous allowances); and (2) Construction-[contracting officer insert current rate] of compensation. (b) These rates apply to all job classifications in those particular categories. The successful offeror shall be advised of the name and address of the insurance broker who will process the DBA insurance coverage. (c) Should an offeror compute or include higher DBA insurance rates, the rates shall be disallowed. (d) Offerors shall include in their proposals a statement as to whether or not local nationals or third country nationals are proposed on this contract. (End of provision) [59 FR 66771, Dec. 28, 1994] 652.228-77 Defense Base Act Insurance Rates-Limitation—Labor-Hour and Time-and-Materials. As prescribed in 628.307-70, insert the following provision: DEFENSE BASE ACT INSURANCE RATES-LIMITATION-LABOR-HOUR AND TIME-AND-MATERIALS (DEC 1994) (a) The Department of State has entered into a contract with an insurance carrier for Defense Base Act (DBA) insurance which applies to all contracts entered into by the Department which requires DBA insurance coverage. In preparing the cost proposal, the of feror shall use the following rates in computing the cost for such insurance: (1) Services-[contracting officer insert current rate] of compensation (direct salary plus differential but excluding per diem, housing allowance, education allowance, and miscellaneous allowances); and (2) Construction-[contracting officer insert current rate] of compensation. (b) These rates apply to all job classifications in those particular categories. The successful offeror shall be advised of the name and address of the insurance broker who will process the DBA insurance coverage. (c) Offerors shall include in their proposals a statement as to whether or not local nationals or third country nationals are proposed on this contract. As prescribed in 629.401-70, insert the following clause in solicitations and contracts if the prospective contractor is located inside the United States and the acquisition involves export of supplies to an overseas post. EXCISE TAX EMEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988) This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule. The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax. (End of clause) 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price). As prescribed in 632.908(a), the contracting officer may insert a clause substantially the same as follows: PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (DEC 1994) (a) General. The Government shall pay the contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price stated in Section B of this contract. (c) Invoice Submission. Invoices shall be submitted in an original and [contracting officer insert appropriate number of copies] copies to the Office identified in Block 5 of the SF-26 or Block 7 of the SF-33. To constitute a proper invoice, the invoice must include all items per FAR 52.232-25, "Prompt Payment”. (d) Contractor Remittance Address. Payment shall be made to the contractor's address as specified on the cover page of this contract, unless a separate remittance address is specified below: (End of clause) [59 FR 66771, Dec. 28, 1994] 652.232-71 Voucher Submission (CostReimbursement). As prescribed in 632.908(b), the contracting officer may insert a clause substantially the same as follows: VOUCHER SUBMISSION (COST-REIMBURSEMENT) (DEC 1994) (a) General. The contractor shall submit, on a monthly basis [contracting officer may substitute a different time frame, if appropriate], an original and [contracting officer insert appropriate number] copies of each voucher. In addition to the items necessary per FAR 52.232-25, “Prompt Payment", the voucher shall show the elements of cost for the billing period and the cumulative costs to date. All vouchers shall be submitted to the office identified in Block 5 of the SF-26 or Block 7 of the SF-33. (b) Contractor Remittance Address. Payment shall be made to the contractor's address as specified on the cover page of this contract, unless a separate remittance address is specified below: (End of clause) [59 FR 66772, Dec. 28, 1994] 652.237-70 Compensatory time off. As prescribed in 637.110(a), insert the following clause: COMPENSATORY TIME OFF (DEC 1994) (a) Compensatory time off means time from work during the personal service contract employee's basic work week in exchange for performing an equal amount of irregular of occasional overtime work which is officially ordered or approved. (b) At the discretion of the Contracting Officer's Representative (COR), the contractor may earn compensatory time off in accordance with 3 FAM Section 232.6-Compensatory Time Off. Compensation time off remaining to the credit of a personal services contract employee at the end of a 16-week period and/or at the end of the contract period shall be forfeited. (c) Compensatory time may not be converted to overtime. (End of clause) [59 FR 66772, Dec. 28, 1994] 652.237-71 Identification/Building Pass. As prescribed in 637.110(b), insert the following clause. IDENTIFICATION/BUILDING PASS (DEC 1994) (a) The contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities. Passes shall be issued only to contractor employees who are United States citizens. Passes will be issued by the Bureau of Diplomatic Security, Office of Procedural Security, Domestic Facilities Division. They shall be used for the purpose of contractor performance only, and shall not be used for any other purpose. (b) The contractor shall submit an application in the form prescribed by the COR. The contractor shall also provide a letter on company letterhead to accompany the application containing the following information: (1) The purpose for which the pass is being requested; (2) The type of access the applicant requires; (3) Whether or not the applicant has a valid security clearance; and, (4) The contract number and period of performance of the contract. (c) The complete package, including the COR's approval memorandum, shall be delivered to the Building Pass Application Unit, Room 309, State Annex Number 1, Columbia Plaza, 2401 E Street, NW., Washington, DC; or, the post security officer, if the contract is performed at a U.S. owned or leased building overseas. The employee(s) for whom the pass(es) is/are being requested may be required to personally submit the application and to provide evidence of identity and United States citizenship. (d) All contractor employees shall wear the passes in plain sight at all times while in Department of State buildings. All contractor employees shall show their passes when entering these buildings and upon request. (e) All passes shall be returned to the COR upon separation of the employee, or expiration or termination of the contract. Final payment under this contract shall not be made until all passes are returned to the COR. (End of clause) [59 FR 66772, Dec. 28, 1994] 652.237-72 Observance of Legal Holi- OBSERVANCE OF LEGAL HOLIDAYS AND (a) The Department of State observes the following days as holidays: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Any other day designated by Federal law, Executive Order, or Presidential Proclamation. (b) When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract. (d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows: (1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month. (2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided. (e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any "Excusable Delays" clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy. (End of clause) [59 FR 66772, Dec. 28, 1994] 652.242-70 Contracting Officer's Representative (COR). As prescribed in 642.271, insert a clause substantially the same as follows: CONTRACTING OFFICER'S REPRESENTATIVE (COR) (DEC 1994) (a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not [53 FR 26177, July 11, 1988, as amended at 59 FR 66772, Dec. 28, 1994] 652.242-71 Notice of Shipments. As prescribed in 642.1406–2–70(a), insert the following clause in solicitations and contracts entered into and performed outside the United States, when overseas shipment of supplies is required. NOTICE OF SHIPMENTS (JUL 1988) At the time of delivery of supplies to a carrier for onward transportation, the Contractor shall give notice of prepaid shipment to the consignee establishment, and to such other persons as instructed by the Contracting Officer. If the Contractor has not received such instructions by 24 hours prior to the delivery time, the Contractor shall contact the Contracting Officer and request instructions from the Contracting Officer concerning the notice of shipment to be given. (End of clause) 652.242-72 Shipping Instructions. As prescribed in 642.1406-270(b), insert the following clause in solicitations and contracts with a source in the United States and requiring overseas shipment of supplies. SHIPPING INSTRUCTIONS (DEC 1994) (a) Each packing box shall be of solid construction in accordance with best commercial practices and sufficiently strong in direct ratio to the weight of the contents to withstand excessively rough handling while in transit overseas. It shall be constructed of lumber that is well seasoned, reasonably sound, free from bad cross grain and from knots or knotholes that interfere with nailing or that occupy more than 1% of the width of the piece of lumber. Box shall be constructed with three-way corners and diagonal bracing. All nails shall be cement-coated, of correct size and properly spaced to avoid splitting or warping, and shall be driven into the grain of the wood. Dimension of lumber shall be in accordance with the following table, dependent upon the weight of the contents: (b) Each box shall be lined with waterproof paper and shall be bound with 19.05mm" steel straps firmly stapled in position to prevent the straps from slipping off the box. Articles must be secured and braced inside the shipping container to prevent the articles from shifting. (c) Packing cases weighing 453.5kg and more must be equipped with skids. Each skid shall consist of two end sections of 50.8 x 152.4mm lumber placed flat and a center section of 50.8 x 101.6mm lumber placed flat and then arranged in line to provide 254mm forklift spaces between center and end sections. When goods are ready for shipment, the Contractor shall prepare four (4) copies of a packing list, indicating the contract and, if applicable, order numbers; case number; itemized list of contents; net and gross weights in kilograms; and outside dimensions, including all clears, of each shipping container. The The Contractor shall provide three (3) copies of the packing list to the U.S. Despatch Agent as specified in the contract or order. The Contractor shall place the fourth copy of the packing list in packing case number one, which shall be marked as such so that it is easily identified by the consignee. Upon receipt of the packing list, the Despatch Agent will furnish export marks and instructions regarding shipment to the port specified, depending upon steamer services available at the time. (d) The export marks shall be stenciled on one side of each box reserved for that purpose, and the appropriate case number stenciled in the lower left-hand corner of the same side. The contract and, as necessary, order numbers, net and gross weights in kilograms shall be stenciled on the same side. However, if the size of the box is too small to accommodate all stenciling on one side, the contract and order numbers and weights may be stenciled on the side opposite that used for the export marks and case number. (e) The contract and, as necessary, order numbers must appear on all containers and papers relating to this clause. (End of clause) [53 FR 26177, July 11, 1988; 53 FR 36462, Sept. 20, 1988, as amended at 59 FR 66772, Dec. 28, 1994] 652.246-70 Commercial Warranty. As prescribed in 646.710-70, insert the following clause in solicitations and contracts for commercial supplies or services awarded and performed outside the United States. COMMERCIAL WARRANTY (JUL 1988) The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services. The rights and remedies provided herein are in addition to and to not limit any rights afforded to the Government by any other clause of this contract. (End of clause) PART 653-FORMS Sec. 653.000 Scope of part. Subpart 653.1-General 653.101 Requirements for use of forms. 653.101-70 Policy. 653.110 Continuation sheets. Subpart 653.2-Prescription of Forms 653.200 Scope of subpart. 653.213 Simplified acquisition procedures (SF's 18, 30, 44, 1165, OF's 347, 348). 653.213-70 DOS Forms (OF-206, OF-206A, OF127, DST-1918, DST-1919, DST-1920). 653.217 Special contracting methods. 653.217-70 DOS form DS-1921, Award/Modification of Interagency Acquisition Agreement. 653.219 Small business and small disadvantaged business concerns. 653.219-70 DOS form DS-1910, Small Business/Labor Surplus Area Review-Actions Above the Simplified Acquisition Threshold. Subpart 653.3-Illustrations of Forms 653.300 Scope of subpart. 653.303 Agency forms. 653.302.127 Optional Form 127, Receiving and Inspection Report. 653.302.206 Optional Form 206, Purchase Order, Receiving Report and Voucher. 653.302.206A Optional Form 206A, Purchase Order, Receiving Report and Voucher— 653.303-DS-1771 Department of State form (DS) 1771, Contractor Evaluation Statement. 653.303-DST-1089 Department of State Form 1089, Order-Supplies or Services. AUTHORITY: 40 U.S.C. 486(c); 22 U.S.C. 2658. SOURCE: 53 FR 26180, July 11, 1988, unless otherwise noted. 653.000 Scope of part. This part prescribes DOSAR forms in addition to those provided in FAR Part 53. Subpart 653.1-General 653.101 Requirements for use of forms. 653.101-70 Policy. The forms in FAR subpart 53.2 or in subpart 653.2 shall be used as precribed therein, except when the use of any form is prohibited by or inconsistent with local laws, or the supplies or services could not be obtained if the form were used. The contracting officer shall justify the exclusion of any form in accordance with FAR subpart 1.4 and 601.470. 653.110 Continuation sheets. The provisions of FAR 53.110 also apply to forms prescribed in the DOSAR. Subpart 653.2—Prescription of Forms 653.200 Scope of subpart. This subpart prescribes or references optional and DOS forms for use in acquisition. Consistent with FAR 53.200, this subpart is arranged by subject matter, in the same order as and keyed to the parts of the DOSAR in which the form usage requirements are addressed. 653.213 Simplified acquisition procedures (SF's 18, 30, 44, 1165, OF's 347, 348). 653.213-70 DOS Forms (OF-206, OF206A, OF-127, DST-1918, DST-1919, DST-1920). As provided in 613.505-2 and 613.50570,the following forms are prescribed for use in simplified acquisitions, delivery orders, and blanket purchase agreements: (a) Optional Form (OF) 206, Purchase Order, Receiving Report and Voucher, and Optional Form (OF) 206A, Continuation Sheet. OF-206 and OF-206A are |