[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Proposed Rules]
[Pages 52666-52676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26150]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

48 CFR Parts 1201, 1205, 1206, 1211, 1213, 1215, 1237, 1252 and 
1253


Amendment of Department of Transportation Acquisition Regulations

AGENCY: Office of the Secretary, DOT.

ACTION: Proposed rule.

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SUMMARY: The Department of Transportation (DOT) is proposing to amend 
the Transportation Acquisition Regulation (TAR) to implement and 
supplement the Federal Acquisition Regulation (FAR) Circulars 97-01 
through 97-03, to delete unnecessary FAR implementation, and to 
sequentially align Coast Guard Supplements with the applicable TAR 
Parts 1205, 1206, 1211, 1213, 1237, 1252 and 1253.

DATES: Comments should be submitted by November 2, 1998 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to:
    Charlotte Hackley, Office of Acquisition and Grant Management, M-
60, 400 Seventh Street SW., Washington, DC 20590 or e-mail comments to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Charlotte Hackley, Office of 
Acquisition and Grant Management, M-60, 400 Seventh Street SW., 
Washington, DC 20590: (202) 366-4267.

SUPPLEMENTARY INFORMATION:

A. Background

    These proposed changes were initiated after the quarterly review of 
the TAR and the changes cited in FAR Circulars 97-01 through 97-03. The 
significant changes are to--
    1. Provide DOT policy and standard procedures for the receipt, 
handling and disposition of unsolicited proposals; and
    2. Delete Form DOT F 4220.44 and the instructions for completing 
the form to coincide with the changes made to FAR Part 15. The form is 
approved under the Office of Management and Budget Control Number 2105-
0517 which expires on May 31, 2000.

B. Regulatory Flexibility Act

    The Department certifies that this proposed rule is not expected to 
have a significant economic impact on a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq. The rule makes primarily administrative changes to the TAR 
and provides DOT policy and procedures for the receipt, handling and 
disposition of unsolicited proposals. Therefore, an Initial Regulatory 
Flexibility Analysis has not been performed. Comments from small 
entities concerning the affected TAR parts will be considered in 
accordance with 5 U.S.C. 610 of the Act. Any comments should reference 
the Act.

C. Paperwork Reduction Act

    The Department certifies that the Paperwork Reduction Act (44 
U.S.C. 3501, et seq.) does not apply because this proposed rule does 
not contain information collection requirements.

List of Subjects in 48 CFR Parts 1201, 1205, 1206, 1211, 1213, 
1215, 1237, 1252 and 1253

    Government procurement.

    The proposed rule is issued under the delegated authority of 49 CFR 
Part 1.59(p).
    This authority is delegated to the Senior Procurement Executive, 
issued this 24th day of September, 1998, at Washington, DC.
Robert G. Taylor,
Acting Director of Acquisition and Grant Management.

Adoption of Amendments

    For the reasons set out in the preamble, 48 CFR Chapter 12 is 
amended as follows:
    1. The authority citation for 48 CFR Chapter 12, parts 1201, 1205, 
1206, 1211, 1213, 1215, 1237, 1252 and 1253 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 41 U.S.C. 418(b); 48 CFR 3.1.

PART 1201--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. Section 1201.103 is removed.
    2a. In Sec. 1201.201-1, paragraph (d) is removed.
    3. Section 1201.301 is amended by adding paragraphs (a)(2) 
introductory text, (a)(2)(i), (a)(2)(ii), and (b) as follows:


1201.301  Policy.

    (a) * * *
    (2) Acquisition procedures. The authority of the agency head under 
(FAR) 48 CFR 1.301(a)(2) to issue or authorize the issuance of internal 
agency guidance at any organizational level has been delegated to the 
SPE.
    (i) Departmentwide acquisition procedures. DOT internal operating 
procedures are contained in the Transportation Acquisition Manual 
(TAM).
    (ii) OA acquisition procedures. Procedures necessary to implement 
or supplement the FAR, TAR, or TAM may be issued by the 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 specified otherwise.
    (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 Assistant General 
Counsel for Regulation and Enforcement (C-50).

PART 1205--PUBLICIZING CONTRACT ACTIONS

    4. Subpart 1205.90 is revised to read as follows:

[[Page 52667]]

Subpart 1205.90--Publicizing Contract Actions for Personal Services 
Contracting


1205.9000  Applicability. (USCG)

    Contracts awarded by the U.S. Coast Guard using the procedures in 
(TAR) 48 CFR 1237.104-91 are expressly authorized under Section 1091 of 
Title 10 U.S.C. as amended by Pub. L. 104-106, DOD Authorization Act, 
Section 733 for the Coast Guard and are exempt from the requirements of 
(FAR) 48 CFR Part 5.

PART 1206--COMPETITION REQUIREMENTS

    5. Subpart 1206.90 is revised to read as follows:

Subpart 1206.90--Competition Requirements for Personal Services 
Contracting


1206.9000  Applicability. (USCG)

    Contracts awarded by the U.S. Coast Guard using the procedures in 
(TAR) 48 CFR 1237.104-91 are expressly authorized under Section 1091 of 
Title 10 U.S.C. as amended by Pub. L. 104-106, DOD Authorization Act, 
Section 733 for the Coast Guard and are exempt from the competition 
requirements of (FAR) 48 CFR Part 6.

PART 1211--DESCRIBING AGENCY NEEDS

    6. Subpart 1211.2 is amended by revising Sec. 1211.204-90 as 
follows:


1211.204-90  Solicitation provision and contract clause. (USCG)

    (a) The contracting officer shall insert the USCG clause at (TAR) 
48 CFR 1252.211-90, Bar Coding Requirement, (also see (TAR) 48 CFR 
1213.507-90(a)) when the bar coding of supplies is necessary.
    (b) See (TAR) 48 CFR 1213.507-90 for a provision which is required 
when the USCG clause at (TAR) 48 CFR 1252.211-90, Bar Coding 
Requirement, is used with simplified acquisition procedures.

PART 1213--SIMPLIFIED ACQUISITION PROCEDURES

    7. Subpart 1213.1 is revised to read as follows:

Subpart 1213.1--Procedures


1213.106  Soliciting competition, evaluation of quotations or offers, 
award and documentation.


1213.106-190  Soliciting competition. (USCG)

    The contracting officer shall insert the USCG provision at (TAR) 48 
CFR 1252.213-90, Evaluation Factor for Coast Guard Performance of Bar 
Coding Requirement, in requests for quotations when the USCG clause at 
(TAR) 48 CFR 1252.211-90, Bar Coding Requirement, is used with 
simplified acquisition procedures.
    7a. Subpart 1213.3 is added to read as follows:

Subpart 1213.3--Simplified Acquisition Methods


1213.302  Purchase orders.


1213.302-590  Clauses. (USCG)

    The contracting officer shall insert the USCG clause at (TAR) 48 
CFR 1252.211-90, Bar Coding Requirement, in requests for quotations and 
purchase orders issued by the Inventory Control Points when bar coding 
of supplies is necessary.
    8. Part 1215 is revised to read as follows:

PART 1215--CONTRACTING BY NEGOTIATION

Subpart 1215.2--Solicitation and Receipt of Proposals and Information

1215.204  Contract format.
1215.204-3  Contract clauses.
1215.207-70  Handling proposals and information.

Subpart 1215.4--Contract Pricing

1215.404  Proposal analysis.
1215.404-470  Payment of profit or fee.

Subpart 1215.6--Unsolicited Proposals

1215.602  Policy.
1215.603  General.
1215.604  Agency points of contact.
1215.606  Agency procedures.
1215.606-2  Evaluation.

Subpart 1215.2--Solicitation and Receipt of Proposals and 
Information


Sec. 1215.204  Contract format.


1215.204-3  Contract clauses.

    The contracting officer shall insert clause (TAR) 48 CFR 1252.215-
70, Key Personnel and/or Facilities, in solicitations and contracts 
when the selection for award is substantially based on the offeror's 
possession of special capabilities regarding personnel and/or 
facilities.


1215.207-70  Handling proposals and information.

    (a) Offerors' proposals and information received in response to a 
request for information shall be marked as required by TAM 1203.104-5, 
as applicable.
    (b) Proposals may be released outside the Government if it is 
necessary to receive 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.

    It is the policy of the Department of Transportation (DOT) to 
encourage the submission of new and innovative ideas which will support 
DOT's mission. Through the various Operating Administrations (OA), DOT 
is responsible for transportation safety improvements and endorsement, 
international transportation agreements and the continuity of 
transportation services in the public interest.


1215.603  General.

    DOT will accept for review and consideration, unsolicited proposals 
from any entity. However, DOT will not pay any costs associated with 
the preparation of these proposals. Proposals which 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 effort submitted in the proposal determines 
which DOT OA should receive and evaluate the proposal.
    (b) Proposers should submit proposals to the cognizant OA 
contracting office for appropriate handling. Specific information 
concerning each DOT OA and the type of commodities which they normally 
procure are available on the worldwide web at http://www.dot.gov. 
Proposers are urged to contact these contracting/procurement offices 
prior to submitting a proposal to ensure that the proposal is being 
submitted to the appropriate contracting office for action. This action 
will serve to reduce paperwork and time for the Government and the 
proposer.


1215.606  Agency procedures.

    (a) The OA contracting office is designated as the point of contact 
for receipt of unsolicited proposals. Persons

[[Page 52668]]

within DOT (e.g., technical personnel) who receive unsolicited 
proposals shall forward the document to their cognizant contracting 
office.
    (b) 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.


1215.606-2  Evaluation.

    (a) If the proposal is in compliance, the contracting office shall 
acknowledge receipt of the proposal to the proposer and give the date 
the proposal evaluation is expected to be completed. The proposal shall 
be marked as required by (FAR) 48 CFR 15.609 and forwarded to the 
appropriate technical office for evaluation. The evaluating office 
shall be given reasonable time to complete the evaluation. However, in 
no event should an evaluation take more than sixty calendar days after 
receipt of the proposal except under extenuating circumstances. 
Contracting offices shall establish a system to ensure that this 
timeframe is met. If the date can not be met, the proposer shall be 
advised accordingly and be given a revised evaluation completion date.
    (b) The evaluating office shall 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 proposer is required by the evaluating 
office, the evaluator shall convey this request to the contracting 
office in lieu of the proposer. The evaluator shall not communicate 
directly with the originator of the proposal.
    (c) If the evaluator recommends acceptance of the proposal, the 
cognizant contracting officer shall ensure compliance with all of the 
requirements of (FAR) 48 CFR 15.607.

PART 1237--SERVICE CONTRACTING

    9. Subpart 1237.1 is amended by revising Secs. 1237.104, 1237.104-
90, and 1237.104-91 to read as follows:

Subpart 1237.1--Service Contracts--General


1237.104  Personal services contracts. (USCG)


1237.104-90  Delegation of authority. (USCG)

    (a) Section 733(a) of Pub. L. 104-106, the DOD Authorization Act of 
1996, amended Title 10 of the United States Code to include a new 
provision which authorizes the Secretary, with respect to the Coast 
Guard, to enter into personal services contracts at medical treatment 
facilities (10 U.S.C. 1091).
    (b) The authority of the Secretary of Transportation under Pub. L. 
104-106 to award personal services contracts for medical services at 
facilities for the Coast Guard is delegated to the HCA with the 
authority to redelegate to contracting officers under procedures 
established by the HCA, who will address applicable statutory 
limitations under Section 1091A of Title 10 U.S.C.


1237.104-91  Personal services contracts with individuals under the 
authority of 10 U.S.C. 1091 (USCG)

    (a) Personal services contracts for health care services are 
authorized by 10 U.S.C. 1091 for the Coast Guard. Sources for contracts 
for health care services under the authority of 10 U.S.C. 1091 shall be 
selected through procedures established in this section. These 
procedures do not apply to contracts awarded to business entities other 
than individuals. Selections made using the procedures in this section 
are exempt by statute from (TAR) 48 CFR 1206 competition requirements 
(see (TAR) 48 CFR 1206.9000 (USCG)) and from (FAR) 48 CFR Part 6 
competition requirements.
    (b) The contracting officer must provide adequate advance notice of 
contracting opportunities to individuals residing in the area of the 
facility. The notice should include the qualification criteria against 
which individuals responding shall be evaluated. Contracting officers 
shall solicit offerors through the most effective means of seeking 
competition, such as a local publication which serves the area of the 
facility. Acquisitions for health care services using personal services 
contracts are exempt from posting and synopsis requirements of (FAR) 48 
CFR Part 5.
    (c) The contracting officer shall provide the qualifications of 
individuals responding to the notice to the representative(s) 
responsible for evaluation and ranking in accordance with the 
evaluation procedures. Individuals must be considered solely on the 
professional qualifications established for the particular health care 
services being acquired and the Government's estimate of reasonable 
rates, fees, or costs. The representative(s) responsible for the 
evaluation and ranking shall provide the contracting officer with 
rationale for the ranking of the individuals consistent with the 
required qualifications.
    (d) Upon receipt of the ranked listing of offerors, the contracting 
officer shall either:
    (1) Enter into negotiations with the highest ranked offeror. If a 
mutually satisfactory contract cannot be negotiated, the contracting 
officer shall terminate negotiations with the highest ranked offeror 
and enter into negotiations with the next highest, or;
    (2) Enter into negotiations with all qualified offerors and select 
on the basis of qualifications and rates, fees, or other costs.
    (e) In the event only one individual responds to an advertised 
requirement, the contracting officer is authorized to negotiate the 
contract award. In this case, the individual must still meet the 
minimum qualifications of the requirement and the contracting officer 
must be able to make a determination that the price is fair and 
reasonable.
    (f) If a fair and reasonable price cannot be obtained from a 
qualified individual, the requirement should be canceled and acquired 
using procedures other than those set forth in this section.
    (g) The total amount paid to an individual in any year for health 
care services under a personal services contract shall not exceed the 
paycap in COMDTINST M4200.19 (series), Coast Guard Acquisition 
Procedures.
    (h) The contract may provide for the same per diem and travel 
expenses authorized for a Government employee, including actual 
transportation and per diem in lieu of subsistence for travel between 
home or place of business and official duty station and only for travel 
outside the local area in support of the statement of work.
    (i) Coordinate benefits, taxes and maintenance of records with the 
appropriate office(s).
    (j) The contracting officer shall insure that contract funds are 
sufficient to cover all contingency items that may be cited in the 
statement of work for health care services.
    9a. Subpart 1237.90 is revised to read as follows:

Subpart 1237.90--Mortuary Services


1237.9000  Solicitation provisions and contract clauses. (USCG)

    (a) The contracting officer shall insert the following clauses in 
solicitations and contracts for mortuary services. However, USCG 
clauses (TAR) 48 CFR 1252.237-91 and 1252.237-97 shall not be inserted 
in solicitations and contracts that include port of entry requirements:
    (1) (TAR) 48 CFR 1252.237-90, Requirements;
    (2) (TAR) 48 CFR 1252.237-91, Area of Performance;

[[Page 52669]]

    (3) (TAR) 48 CFR 1252.237-92, Performance and Delivery;
    (4) (TAR) 48 CFR 1252.237-93, Subcontracting;
    (5) (TAR) 48 CFR 1252.237-94, Termination for Default;
    (6) (TAR) 48 CFR 1252.237-95, Group Interment;
    (7) (TAR) 48 CFR 1252.237-96, Permits;
    (8) (TAR) 48 CFR 1252.237-97, Facility Requirements; and
    (9) (TAR) 48 CFR 1252.237-98, Preparation History.
    (b) The contracting officer shall insert USCG provision (TAR) 48 
CFR 1252.237-99, Award to Single Offeror, in all sealed bid 
solicitations for mortuary services. Use the basic provision with 
Alternate I in negotiated solicitations for mortuary services.
    (c) The contracting officer shall insert (FAR) 48 CFR 52.245-4, 
Government-Furnished Property (Short Form) in solicitations and 
contracts that include port of entry requirements.

PART 1252--SOLICITATION AND PROVISIONS AND CONTRACT CLAUSES

Subpart 1252.2--Texts of Provisions and Clauses


1252.211-71, 1252.215-70, 1252.216-71, 1252.216-72, and 1252.216-
73  [Amended]

    10. Section 1252.211-71, first paragraph is amended by removing the 
citation ``A(TAR) 48 CFR 1211.204'' and adding in its place the 
citation ``A(TAR) 48 CFR 1211.204-70'';
    10a. Sec. 1252.215-70, first paragraph is amended by removing the 
citation ``A(TAR) 48 CFR 1215.106'' and adding in its place the 
citation ``A(TAR) 48 CFR 1215.204-3'';
    10b. Sec. 1252.216-71, first paragraph is amended by removing the 
citation ``A(TAR) 48 CFR 1216.405(a)'' and adding in its place the 
citation ``A(TAR) 48 CFR 1216.406'';
    10c. Sec. 1252.216-72, first paragraph is amended by removing the 
citation ``A(TAR) 48 CFR 1216.405(b)'' and adding in its place the 
citation ``A(TAR) 48 CFR 1216.406'';
    10d. Sec. 1252.216-73, first paragraph is amended by removing the 
citation ``A(TAR) 48 CFR 1216.405(c)'' and adding in its place the 
citation ``A(TAR) 48 CFR 1216.406''.
    11. Section 1252.211-90 is added and Secs. 1252.213-90, 1252.220-
90, 1252.228-90, and 1252-237-90 thru 1252-237.99 are revised to read 
as follows:


1252.211-90  Bar coding requirement. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1211.204-90 and 
1213.302-590, insert the following clause:

Bar Coding Requirements (Oct 1996)

    Item markings shall include bar coding in accordance with MIL-
STD-1189 as clarified below:
    (a) The stock number shall be bar coded with no prefixes, 
dashes, spaces, or suffixes encoded. The contract number, the 
delivery order, or call order number, when used, shall be bar coded 
with no spaces or dashes encoded.
    (b) Prefixes and suffixes to the stock number may be included in 
the OCR-A in-the-clear markings, but not in the bar code.
    (c) Preferred Bar Code Density (characters per inch as defined 
in MIL-STD-1189) is ``standard,'' but densities from ``standard'' to 
``low'' are acceptable.
    (d) OCR-A characters do not have to be machine readable.
    (e) Bar coding shall be machine readable.
    (f) Unless otherwise specified herein, minimum bar code height 
shall be 0.25 inch (6.4 mm) or 15 percent of the bar code length, 
whichever is greater.
    (g) The preferred position of the OCR-A characters is below the 
bar codes, but the OCR-A characters may be above the bar codes.
    (h) On outer containers contractors shall either:
    (1) Encode the stock numbers and contract number in one line of 
bar code with the stock number appearing first; or
    (2) Encode the item stock number and contract number on two 
labels, with the top label containing the stock number and the lower 
label containing the contract number.
    (i) On unit and intermediate containers, the item stock number 
in bar code with OCR-A below may be on the same label as the other 
data (identification markings) required by MIL-STD-129H. However, 
the bar code stock number shall appear on the top line with OCR-A 
characters on the second line; the OCR-A characters may include the 
stock number prefix and suffix, or alternatively, the complete stock 
number including any prefix and suffix, shall be repeated as part of 
the identification markings.
    (j) Exclusions from bar code markings are:
    (1) Multi-packs/consolidation containers (containers with two or 
more different stock numbers within).
    (2) Reusable shipping containers used for multiple/different 
stock number applications.
    (3) Items consigned to a prime contractor's plant for 
installation in production.

(End of clause)


1252.213-90  Evaluation factor for Coast Guard performance of bar 
coding requirement. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1213.106-190, insert 
the following provision:

Evaluation Factor for Coast Guard Performance of Bar Coding Requirement 
(Oct 1994)

    If a small business cannot provide the bar coding requirement, 
as indicated elsewhere in the schedule, the contracting officer will 
apply the following formula to the quoted amounts:
    (a) Unit price quoted by small business $____________________
    (b) Add unit cost to the USCG to provide bar coding 
$____________________
    (c) Adjusted unit price (add lines a. and b.) 
$____________________
    The line (c) amount will become the amount the contracting 
officer considered when determining the lowest quoted amount.

(End of provision)


1252.220-90  Local hire. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1220.9001, insert 
the following clause:

Local Hire (Oct 1994)

    The Contractor shall employ, for the purpose of performing this 
contract in whole or in part in a State that has an unemployment 
rate in excess of the national average rate of unemployment (as 
defined by the Secretary of Labor), individuals who are local 
residents and who, in the case of any craft or trade, possess or 
would be able to acquire promptly the necessary skills. Local 
Resident means a resident or an individual who commutes daily to 
that State.

(End of clause)


1252.228-90  Notification of Miller Act payment bond protection. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1228.106-490, insert 
the following clause:

Notification of Miller Act Payment Bond Protection (Oct 1994)

    This notice clause shall be inserted by first tier 
subcontractors in all their subcontracts and shall contain the 
surety which has provided the payment bond under the prime contract.
    (a) The prime contract is subject to the Miller Act (40 USC 
270), under which the prime contractor has obtained a payment bond. 
This payment bond may provide certain unpaid employees, suppliers, 
and subcontractors a right to sue the bonding surety under the 
Miller Act for amounts owned for work performed and materials 
delivery under the prime contract.
    (b) Persons believing that they have legal remedies under the 
Miller Act should consult their legal advisor regarding the proper 
steps to take to obtain these remedies. This notice clause does not 
provide any party any rights against the Federal Government, or 
create any relationship, contractual or otherwise, between the 
Federal Government and any private party.
    (c) The surety which has provided the payment bond under the 
prime contract is:

----------------------------------------------------------------------
(Name)

----------------------------------------------------------------------
(Street Address)


[[Page 52670]]


----------------------------------------------------------------------
(City, State, Zip Code)

----------------------------------------------------------------------
(Contact & Tel. No.)

(End of clause)


1252.237-90  Requirements. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Requirements (Oct 1994)

    (a) Except as provided in paragraphs (c) and (d) of this clause, 
the Government will order from the Contractor all of its 
requirements in the area of performance for the supplies and 
services listed in the schedule of this contract.
    (b) Each order will be issued as a delivery order and will 
list--
    (1) The supplies or services being ordered;
    (2) The quantities to be furnished;
    (3) Delivery or performance dates;
    (4) Place of delivery or performance;
    (5) Packing and shipping instructions;
    (6) The address to send invoices; and
    (7) The funds from which payment will be made.
    (c) The Government may elect not to order supplies and services 
under this contract in instances where the body is removed from the 
area for medical, scientific, or other reason.
    (d) In an epidemic or other emergency, the contracting activity 
may obtain services beyond the capacity of the Contractor's 
facilities from other sources.
    (e) Contracting Officers of the following activities may order 
services and supplies under this contract--

----------------------------------------------------------------------
      
----------------------------------------------------------------------

(End of clause)


1252.237-91  Area of performance. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Area of Performance (Oct 1994)

    (a) The area of performance is as specified in the contract.
    (b) The Contractor shall take possession of the remains at the 
place where they are located, transport them to the Contractor's 
place of preparation, and later transport them to a place designated 
by the Contracting Officer.
    (c) The Contractor will not be reimbursed for transportation 
when both the place where the remains were located and the delivery 
point are within the area of performance.
    (d) If remains are located outside the area of performance, the 
Contracting Officer may place an order with the Contractor under 
this contract or may obtain the services elsewhere. If the 
Contracting Officer requires the Contractor to transport the remains 
into the area of performance, the Contractor shall be paid the 
amount per mile in the schedule for the number of miles required to 
transport the remains by a reasonable route from the point where 
located to the boundary of the area of performance.
    (e) The Contracting Officer may require the Contractor to 
deliver remains to any point within 100 miles of the area of 
performance. In this case, the Contractor shall be paid the amount 
per mile in the schedule for the number of miles required to 
transport the remains by a reasonable route from the boundary of the 
area of performance to the delivery point.

(End of clause)


1252.237-92  Performance and delivery. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Performance and Delivery (Oct 1994)

    (a) The Contractor shall furnish the material ordered and 
perform the services specified as promptly as possible but not later 
than 36 hours after receiving notification to remove the remains, 
excluding the time necessary for the Government to inspect and check 
results of preparation.
    (b) The Government may, at no additional charge, require the 
Contractor to hold the remains for an additional period not to 
exceed 72 hours from the time the remains are casketed and final 
inspection completed.
(End of clause)


1252.237-93  Subcontracting. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Subcontracting (Oct 1994)

    The Contractor shall not subcontract any work under this 
contract without the Contracting Officer's written approval. This 
clause does not apply to contracts of employment between the 
Contractor and its personnel.
(End of clause)


1252.237-94  Termination for default. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Termination for Default (Oct 1994)

    (a) This clause supplements and is in addition to the Default 
clause of this contract.
    (b) The Contracting Officer may terminate this contract for 
default by written notice without the ten day notice required by 
paragraph (a)(2) of the Default clause if--
    (1) The Contractor, through circumstances reasonably within its 
control or that of its employees, performs any act under or in 
connection with this contract, or fails in the performance of any 
service under this contract and the act or failures may reasonably 
be considered to reflect discredit upon the Department of 
Transportation in fulfilling its responsibility for proper care of 
remains;
    (2) The Contractor, or its employees, solicits relatives or 
friends of the deceased to purchase supplies or services not under 
this contract. (The Contractor may furnish supplies or arrange for 
services not under this contract, only if representatives of the 
deceased voluntarily request, select, and pay for them.);
    (3) The services or any part of the services are performed by 
anyone other than the Contractor or the Contractor's employees 
without the written authorization of the Contracting Officer;
    (4) The Contractor refuses to perform the services required for 
any particular remains; or
    (5) The Contractor mentions or otherwise uses this contract in 
its advertising in any way.
(End of clause)


1252.237-95  Group interment. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Group Interment (Oct 1994)

    The Government will pay the Contractor for supplies and services 
provided for remains interred as a group on the basis of the number 
of caskets furnished, rather than on the basis of the number of 
persons in the group.
(End of clause)


1252.237-96  Permits. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Permits (Oct 1994)

    The Contractor shall meet all State and local licensing 
requirements and obtain and furnish all necessary health department 
and shipping permits at no additional cost to the Government. The 
Contractor shall ensure that all necessary health department permits 
are in order for disposition of the remains.

(End of clause)


Sec. 1252.237-97  Facility requirements. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Facility Requirements (Oct 1994)

    (a) The Contractor's building shall have complete facilities for 
maintaining the highest standards for solemnity, reverence, 
assistance to the family, and prescribed ceremonial services.
    (b) The Contractor's preparation room shall be clean, sanitary, 
and adequately equipped.
    (c) The Contractor shall have, or be able to obtain the 
necessary items (e.g. catafalques, structures, trucks, equipment) 
for religious services.
    (d) The Contractor's funeral home, furnishings, grounds, and 
surrounding area shall present a clean and well-kept appearance.

(End of clause)


Sec. 1252.237-98  Preparation history. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following clause:

Preparation History (Oct 1994)

    For each body prepared, or for each casket handled in a group 
interment, the Contractor

[[Page 52671]]

shall state briefly the results of the embalming process on a 
certificate furnished by the Contracting Officer.

(End of clause)


Sec. 1252.237-99  Award to single offeror. (USCG)

    As prescribed in USCG guidance at (TAR) 48 CFR 1237.9000, insert 
the following provision:

Award to Single Offeror (Oct 1994)

    (a) Award shall be made to a single offeror.
    (b) Offerors shall include unit prices for each item. Failure to 
include unit prices for each item will be cause for rejection of the 
entire offer.
    (c) The Government will evaluate offers on the basis of the 
estimated quantities shown.
    (d) Award will be made to that responsive, responsible offeror 
whose total aggregate offer is the lowest price to the Government.

(End of provision)

Alternate I (Oct 1994)

    If mortuary services are procured by negotiations, substitute the 
following paragraph (d) for paragraph (d) of the basic provision:

    (d) Award will be made to that responsive, responsible offeror 
whose total aggregate offer is in the best interest of the 
Government.

PART 1253--FORMS

    12. Sections 1253.215 and 1253.215-270 are removed.

Appendix to Subpart 1253.3--[Amended]

    13. The TAR Matrix in the Appendix to Subpart 1253.3 is 
redesignated as the Appendix to Part 1252 and revised to read as 
follows:

BILLING CODE 4910-62-P

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    14. Appendix to Subpart 1253.3 is amended by deleting Form DOT F 
4220.44.

[FR Doc. 98-26150 Filed 9-30-98; 8:45 am]
BILLING CODE 4910-62-C