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(Revised November 10, 2004)

 

 



 252.235-7000  Indemnification Under 10 U.S.C. 2354--Fixed Price
 252.235-7001  Indemnification Under 10 U.S.C. 2354--Cost Reimbursement
 252.235-7002  Animal Welfare
 252.235-7003  Frequency Authorization
 252.235-7004 Reserved
 252.235-7005 Reserved
 252.235-7006 Reserved
 252.235-7007 Reserved
 252.235-7008 Reserved
 252.235-7009 Reserved
 252.235-7010  Acknowledgment of Support and Disclaimer
 252.235-7011  Final Scientific or Technical Report


252.235-7000  Indemnification Under 10 U.S.C. 2354--Fixed Price.

As prescribed in 235.070-3, use the following clause:

 

INDEMNIFICATION UNDER 10 U.S.C. 2354--FIXED PRICE (DEC 1991)

 

      (a)  This clause provides for indemnification under 10 U.S.C. 2354 if the Contractor meets all the terms and conditions of this clause.

 

      (b)  Claims, losses, and damages covered—

 

              (1)  Claims by third persons for death, bodily injury, sickness, or disease, or the loss, damage, or lost use of property.  Claims include those for reasonable expenses of litigation or settlement.  The term “third persons” includes employees of the contractor;

 

              (2)  The loss, damage, and lost use of the Contractor's property, but excluding lost profit; and

 

              (3)  Loss, damage, or lost use of the Government's property.

 

      (c)  The claim, loss, or damage—

 

              (1)  Must arise from the direct performance of this contract;

 

              (2)  Must not be compensated by insurance or other means, or be within deductible amounts of the Contractor's insurance;

 

              (3)  Must result from an unusually hazardous risk as specifically defined in the contract;

 

              (4)  Must not result from willful misconduct or lack of good faith on the part of any of the Contractor's directors or officers, managers, superintendents, or other equivalent representatives who have supervision or direction of—

 

                    (i)  All or substantially all of the Contractor's business;

 

                    (ii)  All or substantially all of the Contractor's operations at any one plant or separate location where this contract is being performed; or

 

                    (iii)  A separate and complete major industrial operation connected with the performance of this contract;

 

              (5)  Must not be a liability assumed under any contract or agreement (except for subcontracts covered by paragraph (h) of this clause), unless the Contracting Officer (or in contracts with the Department of the Navy, the Department) specifically approved the assumption of liability; and

 

              (6)  Must be certified as just and reasonable by the Secretary of the department or designated representative.

 

      (d)  The Contractor shall buy and maintain, to the extent available, insurance against unusually hazardous risks in the form, amount, period(s) of time, at the rate(s), and with such insurers, as the Contracting Officer (or, for Navy contracts, the Department) may from time to time require and approve.  If the cost of this insurance is higher than the cost of the insurance the Contractor had as of the date of the contract, the Government shall reimburse the Contractor for the difference in cost, as long as it is properly allocable to this contract and is not included in the contract price.  The Government shall not be liable for claims, loss, or damage if insurance was available and is either required or approved under this paragraph.

 

      (e)  A reduction of the insurance coverage maintained by the Contractor on the date of the execution of this contract shall not increase the Government's liability under this clause unless the Contracting Officer consents, and the contract price is equitably adjusted, if appropriate, to reflect the Contractor's consideration for the Government's assumption of increased liability.

 

      (f)  Notice.  The Contractor shall—

 

              (1)  Promptly notify the Contracting Officer of any occurrence, action, or claim that might trigger the Government's liability under this clause;

 

              (2)  Furnish the proof or evidence of any claim, loss, or damage in the form and manner that the Government requires; and

 

              (3)  Immediately provide copies of all pertinent papers that the Contractor receives or has received.

 

      (g)  The Government may direct, participate in, and supervise the settlement or defense of the claim or action.  The Contractor shall comply with the Government's directions and execute any authorizations required.

 

      (h)  Flowdown.  The Government shall indemnify the Contractor if the Contractor has an obligation to indemnify a subcontractor under any subcontract at any tier under this contract for the unusually hazardous risk identified in this contract only if—

 

              (1)  The Contracting Officer gave prior written approval for the Contractor to provide in a subcontract for the Contractor to indemnify the subcontractor for unusually hazardous risks defined in this contract;

 

              (2)  The Contracting Officer approved those indemnification provisions;

 

              (3)  The subcontract indemnification provisions entitle the Contractor, or the Government, or both, to direct, participate in, and supervise the settlement or defense of relevant actions and claims; and

 

              (4)  The subcontract provides the same rights and duties, the same provisions for notice, furnishing of papers and the like, between the Contractor and the subcontractor, as exist between the Government and the Contractor under this clause.

 

      (i)  The Government may discharge its obligations under paragraph (h) of this clause by making payments directly to subcontractors or to persons to whom the subcontractors may be liable.

 

      (j)  The rights and obligations of the parties under this clause shall survive the termination, expiration, or completion of this contract.

 

(End of clause)

 

252.235-7001  Indemnification Under 10 U.S.C. 2354--Cost Reimbursement.

As prescribed in 235.070-3, use the following clause:

 

INDEMNIFICATION UNDER 10 U.S.C. 2354--COST REIMBURSEMENT
(DEC 1991)

 

      (a)  This clause provides for indemnification under 10 U.S.C. 2354 if the Contractor meets all the terms and conditions of this clause.

 

      (b)  Claims, losses, and damages covered—

 

              (1)  Claims by third persons for death, bodily injury, sickness, or disease, or the loss, damage, or lost use of property.  Claims include those for reasonable expenses of litigation or settlement.  The term “third persons” includes employees of the Contractor;

 

              (2)  The loss, damage, and lost use of the Contractor's property, but excluding lost profit; and

 

              (3)  Loss, damage, or lost use of the Government's property.

 

      (c)  The claim, loss, or damage—

 

              (1)  Must arise from the direct performance of this contract;

 

              (2)  Must not be compensated by insurance or other means, or be within deductible amounts of the Contractor's insurance;

 

              (3)  Must result from an unusually hazardous risk as specifically defined in the contract;

 

              (4)  Must not result from willful misconduct or lack of good faith on the part of any of the Contractor's directors or officers, managers, superintendents, or other equivalent representatives who have supervision or direction of—

 

                    (i)  All or substantially all of the Contractor's business;

 

                    (ii)  All or substantially all of the Contractor's operations at any one plant or separate location where this contract is being performed; or

 

                    (iii)  A separate and complete major industrial operation connected with the performance of this contract;

 

              (5)  Must not be a liability assumed under any contract or agreement (except for subcontracts covered by paragraph (i) of this clause), unless the Contracting Officer (or in contracts with the Department of the Navy, the Department) specifically approved the assumption of liability; and

 

              (6)  Must be certified as just and reasonable by the Secretary of the department or designated representative.

 

      (d)  A reduction of the insurance coverage maintained by the Contractor on the date of the execution of this contract shall not increase the Government's liability under this clause unless the Contracting Officer consents, and the contract price is equitably adjusted, if appropriate, to reflect the Contractor's consideration for the Government's assumption of increased liability.

 

      (e)  Notice.  The Insurance--Liability to Third Persons clause of this contract applies also to claims under this clause.  In addition, the Contractor shall—

 

              (1)  Promptly notify the Contracting Officer of any occurrence, action, or claim that might trigger the Government's liability under this clause;

 

              (2)  Furnish the proof or evidence of any claim, loss, or damage in the form and manner that the Government requires; and

 

              (3)  Immediately provide copies of all pertinent papers that the contractor receives or has received.

 

      (f)  The Government may direct, participate in, and supervise the settlement or defense of the claim or action.  The Contractor shall comply with the Government's directions, and execute any authorizations required.

 

      (g)  The Limitation of Cost clause of this contract does not apply to the Government's obligations under this clause.  The obligations under this clause are excepted from the release required by the Allowable Cost, Fee, and Payment clause of this contract.

 

      (h)  Under this clause, a claim, loss, or damage arises from the direct performance of this contract if the cause of the claim, loss, or damage occurred during the period of performance of this contract or as a result of the performance of this contract.

 

      (i)  Flowdown.  The Government shall indemnify the Contractor if the Contractor has an obligation to indemnify a subcontractor under any subcontract at any tier under this contract for the unusually hazardous risk identified in this contract only if—

 

              (1)  The Contracting Officer gave prior written approval for the Contractor to provide in a subcontract for the Contractor to indemnify the subcontractor for unusually hazardous risks defined in this contract;

 

              (2)  The Contracting Officer approved those indemnification provisions;

 

              (3)  The subcontract indemnification provisions entitle the Contractor, or the Government, or both, to direct, participate in, and supervise the settlement or defense of relevant actions and claims; and

 

              (4)  The subcontract provides the same rights and duties, the same provisions for notice, furnishing of paper and the like, between the Contractor and the subcontractor, as exist between the Government and the Contractor under this clause.

 

      (j)  The Government may discharge its obligations under paragraph (i) of this clause by making payments directly to subcontractors or to persons to whom the subcontractors may be liable.

 

      (k)  The rights and obligations of the parties under this clause shall survive the termination, expiration, or completion of this contract.

 

(End of clause)

 

252.235-7002  Animal Welfare.

As prescribed in 235.071(a), use the following clause:

 

ANIMAL WELFARE (DEC 1991)

 

      (a)  The Contractor shall register its research facility with the Secretary of Agriculture in accordance with 7 U.S.C. 2316 and 9 CFR Subpart C, and Section 2.30, and furnish evidence of such registration to the Contracting Officer before beginning work under this contract.

 

      (b)  The Contractor shall acquire animals only from dealers licensed by the Secretary of Agriculture under 7 U.S.C. 2133 and 9 CFR Subpart A, Sections 2.1 through 2.11, or from sources that are exempt from licensing under those sections.

 

      (c)  The Contractor agrees that the care and use of animals will conform with the pertinent laws of the United States and regulations of the Department of Agriculture (see 7 U.S.C. 2131 et. seq. and 9 CFR Subchapter A, Parts 1 through 4).

 

      (d)  The Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract for failure to comply with the requirements of paragraphs (a) through (c) of this clause.

 

              (1)  The suspension will stay in effect until the Contractor complies with the requirements.

 

              (2)  Failure to complete corrective action within the time specified by the Contracting Officer may result in termination of this contract and removal of the Contractor's name from the list of contractors with approved Public Health Service Welfare Assurances.

 

      (e)  The Contractor may request registration of its facility and a current listing of licensed dealers from the Regional Office of the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture (USDA), for the region in which its research facility is located.  The location of the appropriate APHIS regional office, as well as information concerning this program may be obtained by contacting the Senior Staff Officer, Animal Care Staff, USDA/APHIS, Federal Center Building, Hyattsville, MD  20782.

 

      (f)  The Contractor shall include this clause, including this paragraph (f), in all subcontracts involving research of live vertebrate animals.

 

(End of clause)

 

252.235-7003  Frequency Authorization.

As prescribed in 235.071(b), use the following clause:

 

FREQUENCY AUTHORIZATION (DEC 1991)

 

      (a)  The Contractor shall obtain authorization for radio frequencies required in support of this contract.

 

      (b)  For any experimental, developmental, or operational equipment for which the appropriate frequency allocation has not been made, the Contractor shall provide the technical operating characteristics of the proposed electromagnetic radiating device to the Contracting Officer during the initial planning, experimental, or developmental phase of contract performance.

 

      (c)  The Contracting Officer shall furnish the procedures for obtaining radio frequency authorization.

 

      (d)  The Contractor shall include this clause, including this paragraph (d), in all subcontracts requiring the development, production, construction, testing, or operation of a device for which a radio frequency authorization is required.

 

(End of clause)

 

ALTERNATE I (DEC 1991)

Substitute the following paragraph (c) for paragraph (c) of the basic clause if agency procedures authorize use of DD Form 1494, Application for Frequency Authorization:

 

      (c)  The contractor shall use DD Form 1494, Application for Frequency Authorization, to obtain radio frequency authorization.

 

252.235-7004  Reserved.

 

252.235-7005  Reserved.

 

252.235-7006  Reserved.

 

252.235-7007  Reserved.

 

252.235-7008  Reserved.

 

252.235-7009  Reserved.

 

252.235-7010  Acknowledgment of Support and Disclaimer.

As prescribed in 235.071(c), use the following clause:

 

ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)

 

      (a)  The Contractor shall include an acknowledgment of the Government’s support in the publication of any material based on or developed under this contract, stated in the following terms:  This material is based upon work supported by the (name of contracting agency(ies)) under Contract No. (Contracting agency(ies) contract number(s)).

 

      (b)  All material, except scientific articles or papers published in scientific journals, must, in addition to any notices or disclaimers by the Contractor, also contain the following disclaimer:  Any opinions, findings and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the (name of contracting agency(ies)).

 

(End of clause)

 

252.235-7011  Final Scientific or Technical Report.

As prescribed in 235.071(d), use the following clause:

 

FINAL SCIENTIFIC OR TECHNICAL REPORT (NOV 2004)

 

The Contractor shall—

 

      (a)  Submit two copies of the approved scientific or technical report delivered under this contract to the Defense Technical Information Center, Attn:  DTIC-O, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6218;

 

      (b)  Include a completed Standard Form 298, Report Documentation Page, with each copy of the report; and

 

      (c)  For submission of reports in other than paper copy, contact the Defense Technical Information Center or follow the instructions at http://www.dtic.mil.

 

(End of clause)

 

 

 


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