Federal Register - December 7, 2021
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Fuente: Federal Register
lotter on DSK11XQN23PROD with PROPOSALS3
Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules that contractor employees comply with DOT requirements concerning the renewal, loss, theft, or damage of an ID
card. The Contractor must immediately notify the COR or, if the COR is unavailable, the Contracting Officer when an ID card is lost, stolen or damaged.
ii Failure to comply with the requirements for custody and control of DOT ID cards may result in withholding final payment or contract termination based on the potential for serious harm caused by inappropriate access to DOT
facilities, sensitive information, information systems or other DOT
resources.
iii Specific actions and activities are required in certain events A Renewal. A contractor employees DOT issued ID card is valid for a maximum of three years or until the contract expiration date including option periods, whichever occurs first.
The renewal process should begin six weeks before the PIV card expiration date. If a PIV card is not renewed before it expires, the contractor employee will be required to sign-in daily for facility access and may have limited access to information systems and other resources.
B Lost/stolen. Immediately upon detection, the Contractor or contractor employee must report a lost or stolen DOT ID card to the COR, or if the COR
is unavailable, the Contracting Officer, the issuing office, or the local servicing security organization. The Contractor must submit an incident report within 48 hours, through the COR or, if the COR is unavailable, the Contracting Officer, the issuing office, or the local security servicing organization describing the circumstances of the loss or theft. The Contractor must also report a lost or stolen PIV card through the DOT on-line registration system. If the loss or theft is reported by the Contractor to the local police, a copy of the police report must be provided to the COR or Contracting Officer. From the date of notification to DOT, the Contractor must wait three days before getting a replacement ID card. During the 3-day wait period, the contractor employee must sign in daily for facility access.
C Replacement. An ID card will be replaced if it is damaged, contains incorrect data, or is lost or stolen for more than 3 days, provided there is a continuing need for agency access to perform work under the contract.
D Surrender of ID cards. Upon notification that routine access to DOT
facilities, sensitive information, information systems or other DOT
resources is no longer required, the
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Contractor must surrender the DOT
issued ID card to the COR, or if the COR
is unavailable, the Contracting Officer, the issuing office, or the local security servicing organization in accordance with agency procedures.
j Flow down of clause. The Contractor is required to include this clause in any subcontracts at any tier that require the subcontractor or subcontractors employees to have access to DOT facilities, sensitive information, information systems or other resources.
End of clause 1252.20970 Organizational and Consultant Conflicts of Interest.
As prescribed in 1209.507270a, the contracting officer shall insert a clause substantially as follows in solicitations and contracts:
Organizational and Consultant Conflicts of Interest OCCI DATE
a An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest OCCI as described in FAR
subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Plan OCCIP to the contracting officer. The OCCIP shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.
b Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:
1 Providing systems engineering and technical direction.
2 Preparing specifications or work statements and/or objectives.
3 Providing evaluation services.
4 Obtaining access to proprietary information.
c If a prime contractor or subcontractor breaches any of the OCCI
restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.
End of clause
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1252.20971 Limitation of Future Contracting.
As prescribed in 1209.507270b, the contracting officer shall insert a clause substantially as follows in solicitations and contracts:
Limitation of Future Contracting DATE
a The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, prospective offerors are encouraged to review FAR subpart 9.5Organizational Conflicts of Interest.
b The nature of this conflict is describe the conflict.
c The restrictions upon future contracting are as follows:
1 If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing government contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias this time shall in no case be less than the duration of the initial ensuing contract.
2 To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and if these data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure and agrees not to use the data to compete with those other companies.
End of clause 1252.21170
Index for Specifications.
As prescribed in 1211.20470, insert the following clause:
Index for Specifications DATE
If an index or table of contents is furnished in connection with specifications, such index or table of contents is for convenience only. Its accuracy and completeness is not guaranteed, and it is not a part of the specification. In case of discrepancy between the index or table of contents and the specifications, the specifications shall govern.
End of clause 1252.21670 Evaluation of Offers Subject to an Economic Price Adjustment Clause.
As prescribed in 1216.203470, insert the following provision:
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