This clause has not been authorized for official release. We recommend deferring to the text of the clause in your RFP or contract.
As prescribed in AI 5128.312-100, insert clause 5152.228-5900, Government Liability for Non-Tactical Vehicles, in all contracts that require leasing of non-tactical vehicles in Afghanistan.
GOVERNMENT LIABILITY FOR NON-TACTICAL VEHICLES (SEP 2014)
(a) Contractor liability.
(1) The contractor is responsible for 1) loss or damaged caused by negligence of the Contractor, its agents, or employees, and 2) damage associated with normal wear and tear.
(2) The contractor is liable for, and shall indemnify and hold the Government harmless for, all actions or claims for loss of or damage to property or the injury or death of persons resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees.
(b) Government liability. The United States (U.S.) Government is self-insured and provides full insurance coverage for all vehicles in its possession.
(1) The contractor may submit a claim to the Contracting Officer for any vehicles destroyed or damaged, while in the possession of the Government, due to criminal acts, natural acts (commonly called Acts of God), hostile acts, or alleged fault or negligence by the U.S. Government. The claim shall include a detailed proposal, documentation substantiating the claim, and an invoice for the replacement vehicle if required by the Contracting Officer.
(2) The Government will compensate the contractor in an amount determined by the Contracting Officer. This amount will not exceed the actual cost of the vehicle, proven by invoice, less a deduction for actual use that shall be computed by multiplying the invoice value of the vehicle at the time of delivery by 3.0% for each month that the government has leased the vehicle, plus other ordinary and necessary costs agreed to by the parties.
(3) All documentation substantiating that the vehicle was destroyed or damaged will be provided to the Contracting Officer prior to authorizing the payment.
(4) Lease payments for a destroyed vehicle will end at the time of destruction, and no further lease payments will be made on the vehicle unless the lessor can supply an equivalent vehicle to replace it within 24 hours of the destruction. The government, however, is not responsible for vehicles under the contractor's control at the time of damage or destruction.
(5) Title of all leased vehicles furnished under this contract shall not pass to the Government upon acceptance, regardless of the time or the location the Government takes physical possession.
(c) The contract price shall not include any costs for insurance or contingency to cover losses, damage, injury, or death for which the Government is responsible under paragraph (b) of this clause.
(End of Clause)
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