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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
Discharge of Liens DATE
a The Contractor shall immediately discharge or cause to be discharged, any lien or right in rem of any kind, other than in favor of the Government, that exists or arises in connection with work done or materials furnished under this contract.
b If any such lien or right in rem is not immediately discharged, the Government, at the expense of the Contractor, may discharge, or cause to be discharged, the lien or right.
End of clause 1252.21779

Delays.

As prescribed at 1217.7001b, insert the following clause:
Delays DATE

End of clause 1252.21780 Department of Labor Safety and Health Regulations for Ship Repair.

As prescribed at 1217.7001b, insert the following clause:

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Department of Labor Safety and Health Regulations for Ship Repair DATE
Nothing contained in this contract shall relieve the Contractor of any obligations it may have to comply with a The Occupational Safety and Health Act of 1970 29 U.S.C. 651, et seq.;
b The Occupational Safety and Health Standards for Shipyard Employment 29 CFR part 1915; or c Any other applicable Federal, State, and local laws, codes, ordinances, and regulations.
End of clause 1252.22270 Strikes or Picketing Affecting Timely Completion of the Contract Work.

As prescribed in 1222.10171a, insert the following clause:

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Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A
delay caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes.
End of clause
When during the performance of this contract the Contractor is required to delay work on a vessel temporarily, due to orders or actions of the Government respecting stoppage of work to permit shifting the vessel, stoppage of hot work to permit bunkering, stoppage of work due to embarking or debarking passengers and loading or discharging cargo, and the Contractor is not given sufficient advance notice or is otherwise unable to avoid incurring additional costs on account thereof, an equitable adjustment shall be made in the price of the contract pursuant to the Changes clause.

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Strikes or Picketing Affecting Timely Completion of the Contract Work DATE

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1252.22271 Strikes or Picketing Affecting Access to a DOT Facility.

As prescribed in 1222.10171b, insert the following clause:
Strikes or Picketing Affecting Access to a DOT Facility DATE
If the Contracting Officer notifies the Contractor in writing that a strike or picketinga Is directed at the Contractor or subcontractor or any employee of either; and b Impedes or threatens to impede access by any person to a DOT facility where the site of the work is located, the Contractor shall take all appropriate action to end such strike or picketing, including, if necessary, the filing of a charge of unfair labor practice with the National Labor Relations Board or the use of other available judicial or administrative remedies.
End of clause 1252.22272 Contractor Cooperation in Equal Employment Opportunity and AntiHarassment Investigations.

As prescribed in 1222.81070, insert the following clause:
Contractor Cooperation in Equal Employment Opportunity and AntiHarassment Investigations DATE
a Definitions. As used in this clause Complaint means a formal or informal complaint that has been filed with DOT
management, DOT agency Equal Employment Opportunity EEO
officials, the Equal Employment Opportunity Commission EEOC, the Office of Federal Contract Compliance Programs OFCCP or a court of competent jurisdiction.
Contractor employee means all current Contractor employees who work
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or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractors or subcontractors organization, the Contractor shall provide DOT with that employees last known mailing address, email address, and telephone number, if that employee has been identified as a witness in an EEO or Anti-Harassment complaint or investigation.
Good faith cooperation means, but is not limited to, making Contractor employees available, with the presence or assistance of counsel as deemed appropriate by the Contractor, for:
1 Formal and informal interviews by EEO counselors, the OFCCP, or other Agency officials processing EEO or Anti-Harassment complaints;
2 Formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by Federal employees;
3 Reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO or Anti-Harassment investigations;
4 Producing documents requested by EEO counselors, EEO investigators, OFCCP investigators, Agency employees, or the EEOC in connection with a pending EEO or Anti-Harassment complaint; and 5 Preparing for and providing testimony in depositions or in hearings before the MSPB, EEOC, OFCCP, and U.S. District Court.
b Cooperation with investigations. In addition to complying with the clause at FAR 52.22226, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Transportation in investigations of Equal Employment Opportunity EEO
complaints processed pursuant to 29
CFR part 1614 and internal AntiHarassment investigations.
c Compliance. Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default or for cause in accordance with the termination clauses in the contract.
d Subcontract flowdown. The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded, at any tier, under this contract.
End of clause
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