DFARS 252.216–7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel
Prescribed in 216.406 | ||
Effective Date: | 1 September 2011 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | S 252.216–7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | ||
Optional: | ||
Subject: | ||
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Contract Threshold: | ||
Prescription Overview: |
Prescription(e)(1) 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. | |
Clause Overview: |
ClauseAWARD FEE REDUCTION OR DENIAL FOR JEOPARDIZING THE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL (SEP 2011)(a) Definitions As used in this clause—
“Covered incident”–
(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. | |
Important Notes/Requirements: | ||
Subcontract Threshold: | ||
Incorporated by Reference: | Yes | |
Uniform Contract Format: | ||
Editor: | Marshall |
Personal notes.