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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
trafficsafety.org/. NETS provides access to a simple, user friendly program tool kit at https trafficsafety.org/roadsafety-resources/public-resources/
2seconds2click-seat-belt-campaign/.
End of clause 1252.22870
Aircraft.

Loss of or Damage to Leased
As prescribed in 1228.30670a, insert the following clause:

lotter on DSK11XQN23PROD with PROPOSALS3

Loss of or Damage to Leased Aircraft DATE
a Except normal wear and tear, the Government assumes all risk of loss of, or damage 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 1252.22871, 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 Governments 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.
End of clause 1252.22871

Fair Market Value of Aircraft.

As prescribed in 1228.30670a, insert the following clause:

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Fair Market Value of Aircraft DATE
For purposes of clause 1252.22870, 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 $llllllllllll;
Contracting Officer insert value 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 1252.22872

Risk and Indemnities.

As prescribed in 1228.30670a and d, insert the following clause:
Risk and Indemnities DATE
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 1252.22873

Command of Aircraft.

As prescribed in 1228.30670d, insert the following clause:
Command of Aircraft DATE
During the performance of a contract for out-service flight training for DOT, whether the instruction to DOT
personnel is in leased, contractorprovided, or Government-provided aircraft, contractor personnel shall always, during the entirety of the course of training and during operation of the aircraft, remain in command of the aircraft. At no time shall other personnel be permitted to take command of the aircraft.
End of clause
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1252.22874
Protection.

Notification of Payment Bond
As prescribed in guidance at 1228.106470, insert the following clause:
Notification of Payment Bond Protection DATE
a The prime contract is subject to the Bonds statute historically referred to as the Miller Act 40 U.S.C. chapter 31, subchapter III, 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 Bonds statute for amounts owned for work performed and materials delivery under the prime contract.
b Persons believing that they have legal remedies under the Bonds statute 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:
Contracting Officer fill-in prime contractors surety information lllllllllllllllllll Name lllllllllllllllllll Street Address lllllllllllllllllll City, State, Zip Code lllllllllllllllllll Contact & Tel. No.
d Subcontract flowdown requirements. This clause shall be flowed down to all subcontractors.
Prime contractors shall insert this notice clause in all first-tier subcontracts and shall require the clause to be subsequently flowed down by all firsttier subcontractors to all their subcontractors, at any tier. This notice contains information pertaining to the surety that provided the payment bond under the prime contract and is required to be inserted in its entirety to include the information set forth in paragraph c.
End of clause 1252.23170

Date of Incurrence of Costs.

As prescribed in 1231.2053270b, insert the following clause:
Date of Incurrence of Costs DATE
The Contractor shall be entitled to reimbursement for costs incurred on or after llllllllllll
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