HSAR 3052.228-90 Notification of Miller Act payment bond protection (USCG). Basic (Dec 2003)

As prescribed in USCG guidance at (HSAR) 48 CFR 3028.106-490, tor the U.S. Coast Guard, the contracting officer shall insert the USCG clause at (HSAR) 48 CFR 3052.228-90, Notification of Miller Act Payment Bond Protection (USCG), in solicitations and contracts, and shall require its first-tier subcontractors to insert the clause in all of their subcontracts, when payment bonds are required.

NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (DEC 2003) 

This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain information pertaining to the surety that provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 U.S.C. 270), 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 Miller Act for amounts owned for work performed and materials delivery under the prime contract.

(b) Persons believing that they have legal remedies under the Miller Act 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:

 

(Name)

(Street Address)

(City, State, Zip Code)

(Contact & Tel. No.)

(End of clause)

Contractor shall require its first-tier subcontractors to insert the clause in all of their subcontracts, when payment bonds are required.

Mandatory (Exception);
(Applies when payment bonds are required.)

52.228-10 Vehicular and General Public Liability Insurance.

52.228-3 Workers’ Compensation Insurance (Defense Base Act).

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas.

52.228-5 Insurance—Work on a Government Installation.

52.228-7 Insurance—Liability to Third Persons.

52.228-8 Liability and Insurance—Leased Motor Vehicles.

52.228-9 Cargo Insurance.

52.237-7 Indemnification and Medical Liability Insurance.

52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods.

52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods.

252.217-7012 Liability and Insurance.

252.228-7001 Ground and Flight Risk.

252.247-7007 Liability and Insurance.

1852.228-75 Minimum Insurance Coverage.

1852.228-80 Insurance — Immunity From Tort Liability.

1852.228-81 Insurance — Partial Immunity From Tort Liability.

1852.228-82 Insurance — Total Immunity From Tort Liability.

5252.228-9501 LIABILITY INSURANCE (NAVAIR)

5252.228-9200 Liability Insurance--Fixed Price Contracts

5252.228-9201 Liability Insurance--Cost Type Contracts

3052.217-95 Liability and insurance (USCG).

3052.228-70 Insurance.

3052.228-91 Loss of or damage to leased aircraft (USCG).

3052.228-92 Fair market value of aircraft (USCG).

3052.228-93 Risk and indemnities (USCG).

5352.228-9101 Insurance Certificate Requirement in Spain (USAFE)

5152.228-4901 INSURANCE – WORK ON A GOVERNMENT INSTALLATION REQUIREMENTS

5152.228-4902 INSURANCE – LIABILITY TO THIRD PERSONS REQUIREMENTS (Cost Reimbursement Contract)

552.228-5 Government as Additional Insured.

652.228-70 Defense Base Act – Covered Contractor Employees.

652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services.

752.228-3 Worker's compensation insurance (Defense Base Act).

752.228-7 Insurance—liability to third persons.

752.228-9 Cargo insurance.

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