DFARS 252.216-7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel. Basic (Sep 2011)

As prescribed in 216.406, use the clause at 252.216-7004, Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel, in all solicitations and contracts containing award-fee provisions.

AWARD FEE REDUCTION OR DENIAL FOR JEOPARDIZING THE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL (SEP 2011)

      (a)  Definitions. As used in this clause—

      “Covered incident”–

              (i)  Means any incident in which the Contractor, through a criminal, civil, or administrative proceeding that results in a disposition listed in paragraph (a) (ii) of this definition –

                    (A)  Has been determined in the performance of this contract to have caused serious bodily injury or death of any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel; or

                    (B)  Has been determined to be liable for actions of a subcontractor of the Contractor that caused serious bodily injury or death of any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel.

              (ii)  Includes those incidents that have resulted in any of the following dispositions:

                    (A)  In a criminal proceeding, a conviction.

                    (B)  In a civil proceeding, a finding of fault or liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damage of $5,000 or more.

                    (C)  In an administrative proceeding, a finding of fault and liability that results in –

                            (1)  The payment of a monetary fine or penalty of $5,000 or more; or

                            (2)  The payment of a reimbursement, restitution, or damages in excess of $100,000.

                    (D)  In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in subparagraphs (a)(ii)(A), (a) (ii)(B), or (a)(ii)(C).

                    (E)  In a DoD investigation of the Contractor or its subcontractors at any tier not subject to the jurisdiction of the U.S. courts, a final determination by the Secretary of Defense of Contractor or subcontractor fault (see DFARS 216.405-2-70).

      “Serious bodily injury” means a grievous physical harm that results in a permanent disability.

      (b)  If, in the performance of this contract, the Contractor’s or its subcontractor’s actions cause serious bodily injury or death of civilian or military Government personnel, the Government may reduce or deny the award fee for the relevant award fee period in which the covered incident occurred, including the recovery of all or part of any award fees paid for any previous period during which the covered incident occurred.

(End of clause)

NONE

Prime’s Interest;
Time and Materials ✖ FFP ✖ 

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

52.209-7 Information Regarding Responsibility Matters.

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications—Sealed Bidding.

52.214-4 False Statements in Bids.

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data.

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications.

52.222-15 Certification of Eligibility.

52.222-41 Service Contract Labor Standards.

52.242-3 Penalties for Unallowable Costs.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies.

252.215-7002 Cost Estimating System Requirements.

1852.247-71 Protection of the Florida Manatee.

3052.209-74 Limitations on Contractors Acting as Lead System Integrators

3052.209-75 Prohibited Financial Interests for Lead System Integrators

5352.242-9001 Common Access Cards (CAC) for Contractor Personnel

552.211-73 Marking.

552.215-72 Price Adjustment—Failure to Provide Accurate Information.

552.223-71 Nonconforming Hazardous Materials.

552.238-73 Cancellation.

552.238-74 Industrial Funding Fee and Sales Reporting.

552.246-77 Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature.

652.236-72 Statement of Qualifications for the Omnibus Diplomatic Security and Antiterrorism Act .

652.237-73 Statement of Qualifications for Preference as a U.S. Person.

952.204-76 Conditional payment of fee or profit—safeguarding restricted data and other classified information.

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