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lotter on DSK11XQN23PROD with PROPOSALS3

Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules information shall be submitted by the Contractor with each proposal:
1 A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each;
2 Itemized requirements of the contract that must be changed if the proposal is adopted, and the proposed revision to the contract for each such change;
3 An estimate of the changes in performance and price or cost, if any, that will result from adoption of the proposal;
4 An evaluation of the effects the proposed changes would have on collateral costs to the Government, such as Government-furnished property costs, costs of related items, and costs of maintenance, operation and conversion including Government application software;
5 A statement of the time by which the contract modification adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of the contract including supporting rationale; and 6 Identification of any impacts to contract completion time or delivery schedule. The Government is not liable for proposal preparation costs or for any delay in acting upon any proposal submitted pursuant to this clause. The Contractor has a right to withdraw, in whole or in part, any proposal not adopted by contract modification within the period specified in the proposal.
The decision of the Contracting Officer whether to accept any such proposal under this contract is final and not subject to the Disputes clause of this contract.
b Test and evaluation. If the Government wishes to test and evaluate any items proposed, the Contracting Officer will issue written directions to the Contractor specifying what items will be tested, where and when the items will be tested, to whom the items is to be delivered, and the number of days not to exceed 90
calendar days that the item will be tested. The Contracting Officer may accept any proposal submitted pursuant to this clause by giving the Contractor written notice thereof. This written notice will be given by issuance of a modification to the contract. Unless and until a modification is executed to incorporate a proposal under this contract, the Contractor shall remain obligated to perform in accordance with the requirements, terms and conditions of the existing contract. If a proposal submitted pursuant to this clause is accepted and applied to this contract,
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the equitable adjustment increasing or decreasing the price or CPFF shall be in accordance with the procedures of the applicable Changes clause incorporated by reference in Section I of the contract. The resulting contract modification will state that it is made pursuant to this clause.
End of clause 1252.23991

Records Management.

As prescribed in 1239.7403, insert the following clause:
Records Management DATE
a Definition.
Federal record, as defined in 44
U.S.C. 3301, means all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
1 Includes all DOT records.
2 Does not include personal materials.
3 Applies to records created, received, or maintained by Contractors pursuant to a DOT contract.
4 May include deliverables and documentation associated with deliverables.
b Requirements. 1 Compliance.
Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration NARA records policies, including but not limited to the Federal Records Act 44 U.S.C. chapters 21, 29, 31, 33, NARA regulations at 36 CFR Chapter XII
Subchapter B, and those policies associated with the safeguarding of records covered by Privacy Act of 1974
5 U.S.C. 552a. These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2 Applicability. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under, the legal control of the Government, are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act FOIA 5 U.S.C. 552, as amended, and the Privacy Act of 1974 5 U.S.C. 552a, as amended. Such Federal records shall be managed and
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scheduled for disposition only as permitted by the Federal Records Act, relevant statute or regulation, and DOT
Order 1351.28, Departmental Records Management Policy.
3 Records maintenance. While DOT
records are in the Contractors custody, the Contractor is responsible for preventing the alienation or unauthorized destruction of DOT
records, including all forms of mutilation. Records may not be removed from the legal custody of DOT or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the DOT or Component Records Officer, as appropriate. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18
U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report the event to the Contracting Officer in accordance with 36 CFR 1230, Unlawful or Accidental Removal, Defacing, Alteration, or Destruction of Records, for reporting to NARA.
4 Unauthorized disclosure. The Contractor shall notify the Contracting Officer within two hours of discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Governments behalf, without the express written permission of the Contracting Officer. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to DOT control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is expressly prohibited unless in accordance with the contract.
c Non-public information. The Contractor shall not create or maintain any records containing any non-public
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