48 Cfr 30

3052.228–70

48 CFR Ch. 30 (10–1–12 Edition)

3052.228–70 Insurance.
As prescribed in (HSAR) 48 CFR
3028.310–70 and 3028.311–1, insert a
clause substantially the same as follows. The contracting officer may
specify additional kinds (e.g., aircraft
public and passenger liability, vessel liability) or increased amounts of insurance.

llllllllllllllllllllllll
(Name)
llllllllllllllllllllllll
(Street Address)
llllllllllllllllllllllll
(City, State, Zip Code)
llllllllllllllllllllllll
(Contact & Tel. No.)
llllllllllllllllllllllll

(End of clause)

INSURANCE (DEC 2003)
In accordance with the clause entitled
‘‘Insurance—Work on a Government Installation’’ [or Insurance—Liability to Third Persons] in Section I, insurance of the following
kinds and minimum amounts shall be provided and maintained during the period of
performance of this contract:
(a) Worker’s compensation and employer’s
liability. The contractor shall, as a minimum, meet the requirements specified at
(FAR) 48 CFR 28.307–2(a).
(b) General liability. The contractor shall,
as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307–2(b).
(c) Automobile liability. The contractor
shall, as a minimum, meet the requirements
specified at (FAR) 48 CFR 28.307–2(c).

(End of clause)
3052.228–90 Notification of Miller Act
payment bond protection (USCG).
As prescribed in USCG guidance at
(HSAR) 48 CFR 3028.106–490, insert the
following clause:
NOTIFICATION OF MILLER ACT PAYMENT BOND
PROTECTION (DEC 2003)
This notice clause shall be inserted by first
tier subcontractors in all their subcontracts
and shall contain information pertaining to
the surety that provided the payment bond
under the prime contract.
(a) The prime contract is subject to the
Miller Act (40 U.S.C. 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:

3052.228–91 Loss of or damage
leased aircraft (USCG).

As prescribed in USCG guidance at
(HSAR) 48 CFR 3028.306–90(a) and (b),
insert the following clause:
LOSS OF OR DAMAGE TO LEASED AIRCRAFT
(DEC 2003)
(a) The Government assumes all risk of
loss of, or damage (except normal wear and
tear) to, the leased aircraft during the term
of this lease while the aircraft is in the possession of the Government.
(b) In the event of damage to the aircraft,
the Government, at its option, shall make
the necessary repairs with its own facilities
or by contract, or pay the Contractor the
reasonable cost of repair of the aircraft.
(c) In the event the aircraft is lost or damaged beyond repair, the Government shall
pay the Contractor a sum equal to the fair
market value of the aircraft at the time of
such loss or damage, which value may be
specifically agreed to in clause 3052.228–92,
‘‘Fair Market Value of Aircraft,’’ less the
salvage value of the aircraft. However, the
Government may retain the damaged aircraft or dispose of it as it wishes. In that
event, the Contractor will be paid the fair
market value of the aircraft as stated in the
clause.
(d) The Contractor agrees that the contract price does not include any cost attributable to hull insurance or to any reserve
fund it has established to protect its interest
in the aircraft. If, in the event of loss or
damage to the leased aircraft, the Contractor receives compensation for such loss
or damage in any form from any source, the
amount of such compensation shall be:
(1) Credited to the Government in determining the amount of the Government’s liability; or
(2) For an increment of value of the aircraft beyond the value for which the Government is responsible.
(e) In the event of loss of or damage to the
aircraft, the Government shall be subrogated
to all rights of recovery by the Contractor
against third parties for such loss or damage
and the Contractor shall promptly assign
such rights in writing to the Government.

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Homeland Security Department

3052.236–70

(End of clause)

had been entered into, would have been reimbursable under this contract.

3052.228–92 Fair market value of aircraft (USCG).

(End of clause)

As prescribed in USCG guidance at
(HSAR) 48 CFR 3028.306–90(a) and (c),
insert the following clause:
FAIR MARKET VALUE OF AIRCRAFT (DEC 2003)
For purposes of the clause entitled ‘‘Loss
of or Damage to Leased Aircraft,’’ the fair
market value of the aircraft to be used in the
performance of this contract shall be the
lesser of the two values set out in paragraphs
(a) and (b) below:
(a) $lll; or
(b) If the contractor has insured the same
aircraft against loss or destruction in connection with other operations, the amount of
such insurance coverage on the date of the
loss or damage for which the Government
may be responsible under this contract.

(End of clause)
3052.228–93 Risk
(USCG).

and

indemnities

As prescribed in USCG guidance at
(HSAR) 48 CFR 3028.306–90(a) and (d),
insert the following clause:
RISK AND INDEMNITIES (DEC 2003)
The Contractor hereby agrees to indemnify
and hold harmless the Government, its officers and employees from and against all
claims, demands, damages, liabilities, losses,
suits and judgments (including all costs and
expenses incident thereto) which may be suffered by, accrue against, be charged to or recoverable from the Government, its officers
and employees by reason of injury to or
death of any person other than officers,
agents, or employees of the Government or
by reason of damage to property of others of
whatsoever kind (other than the property of
the Government, its officers, agents or employees) arising out of the operation of the
aircraft. In the event the Contractor holds or
obtains insurance in support of this covenant, evidence of insurance shall be delivered to the Contracting Officer.

(End of clause)
3052.231–70

Precontract costs.

As prescribed in (HSAR) 48 CFR
3031.205–32, insert the following clause:

3052.235–70 Dissemination of information—educational institutions.
As prescribed in (HSAR) 48 CFR
3035.70–2, insert the following clause:
DISSEMINATION OF INFORMATION—
EDUCATIONAL INSTITUTIONS (DEC 2003)
(a) The Department of Homeland Security
(DHS) desires widespread dissemination of
the results of funded non-sensitive research.
The Contractor, therefore, may publish (subject to the provisions of the ‘‘Data Rights’’
and ‘‘Patent Rights’’ clauses of the contract)
research results in professional journals,
books, trade publications, or other appropriate media (a thesis or collection of theses
should not be used to distribute results because dissemination will not be sufficiently
widespread). All costs of publication pursuant to this clause shall be borne by the Contractor and shall not be charged to the Government under this or any other Federal
contract.
(b) Any copy of material published under
this clause shall contain acknowledgment of
DHS’s sponsorship of the research effort and
a disclaimer stating that the published material represents the position of the author(s) and not necessarily that of DHS. Articles for publication or papers to be presented to professional societies do not require the authorization of the Contracting
Officer prior to release. However, a printed
or electronic copy of each article shall be
transmitted to the Contracting Officer at
least two weeks prior to release or publication.
(c) Publication under the terms of this
clause does not release the Contractor from
the obligation of preparing and submitting
to the Contracting Officer a final report containing the findings and results of research,
as set forth in the schedule of the contract.

(End of clause)
[68 FR 67871, Dec. 4, 2003. Redesignated and
amended at 71 FR 25775, May 2, 2006; 77 FR
50637, Aug. 22, 2012]

3052.236–70 Special precautions for
work at operating airports.
As prescribed in (HSAR) 48 CFR
3036.570, insert the following clause:

PRECONTRACT COSTS (DEC 2003)
The Contractor shall be entitled to reimbursement for pre-contract costs incurred on
or after lll in an amount not to exceed
$lll that, if incurred after this contract

SPECIAL PRECAUTIONS FOR WORK AT
OPERATING AIRPORTS (DEC 2003)
(a) When work is to be performed at an operating airport, the Contractor must arrange
its work schedule so as not to interfere with

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