R -- REQUEST FOR INDUSTRY COMMENTS ON LIABILITY & INSURANCE REQUIREMENTS FOR REMEDIATION SERVICES

Notice Date

March 9, 2001

Contracting Office

General Services Administration, Federal Supply Service (FSS), Management Services Center (10FT), 400 15th Street, SW,, Auburn, WA, 98001

ZIP Code

98001

E-Mail Address

Katherine Jocoy (kathy.jocoy@gsa.gov)

Description

In preparation for the addition of Remediation Services to the Environmental Services multiple award schedule, the Management Services Center is requesting questions and comments regarding the following liability and insurance clause that will be added to the refreshed solicitation. This insurance clause will only apply to Remediation Services and the limits of liability are minimums. The solicitation will also allow ordering agencies to request additional insurance at the task order level, if necessary. All comments shall be in writing. Clause for review is as follows -- I-FSS-******** Liability and Insurance (Applicable to SIN 899-8, Remediation Services Only) (a) The U.S. General Services Administration (GSA) does not become an owner, operator, generator, arranger or transporter of hazardous substances or wastes by executing a schedule contract or by the award of a task order by an ordering agency against a schedule contract for remediation services. As a result, GSA shall not incur any liability under any environmental laws for contamination resulting from the actions or omissions of a schedule contractor performing remediation services. (b) The Contractor shall be liable for, and indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the default, negligence, or wrongful act or omission of the Contractor, its agents, or employees. (c) The Contractor shall provide and maintain Contractor Pollution Liability and Professional Liability with coverage amounts not less than $5,000,000.00 each. The Contractor is advised that additional levels of insurance coverage may be required by the Ordering Agency at the Task Order level. (d) Immediately after award of a task order under this schedule contract, the Contractor shall notify the ordering agency's Contracting Officer in writing that the required insurance has been obtained and identify specific threshold amounts. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective (1) for such period as the laws of the State in which the task order is to be performed prescribe or (2) until 30 days after written notice to the Contracting Officer, whichever is longer. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

Web Link

Visit this URL for the latest information about this (http://www.eps.gov/cgi-bin/WebObjects/EPS.woa/wa/SPF?A=S&P=TFTP-EW-9908992&L=8 )

Record

Loren Data Corp. 20010313/SPMSC005.HTM (D-068 SN50F7O0)