RESTORATION: Restoration beyond ordinary wear and tear. (check only one)
The above sum includes Government restoration of land/facilities. Restoration shall be performed to the extent reasonably
practical. Restoration work includes: .
The above sum excludes restoration of land/facilities. Reasonable costs incurred by the owner (beyond ordinary wear and
tear) in restoring land/facilities to their prior condition shall be submitted, in writing, to the Contracting Officer.
ALTERATIONS: The Government may make alterations, attach fixtures or signs, erect temporary structures in or upon the
land/facilities, install temporary culverts, trenching for utilities, which shall be the property of the Government. Alterations will be
removed by the Government after the termination of the emergency use, unless otherwise agreed.
ORAL STATEMENTS: Oral statements or commitments supplementary or contrary to any provisions of this Agreement shall
not be considered as modifying or affecting the provisions of this Agreement.
ORDINARY WEAR AND TEAR: Ordinary wear and tear is based on the customary use of the land/facilities, and not the use
resulting from the incident.
CONDITION REPORTS: A joint pre and post-use physical inspection report of the land/facilities shall be made and signed by
the parties; the purpose of the inspections shall be to reflect the existing site condition.
OTHER: Describe in detail: .
TERMS AND CONDITIONS: See attachment.
INSURANCE/ INDEMINIFCATION: The United States Federal Government is self-insured and does not have the authority to
indemnify and hold harmless the , from any and all claims, liabilities, losses, damages, charges, etc. The does not
have the authority to indemnify and hold harmless the United States Federal Government from any and all claims, liabilities,
losses, damages, charges etc. The will be responsible for errors, omissions and negligence of its employees. The United
States Federal Government will be responsible for errors, omissions and negligence of its employees to the extent provided by
Congress under the Federal Tort Claims Act [28 U.S.C. 1346(b), 2401(b), 2671-2680, as amended by P.L. 89-506, 80-Stat.
306].
CHECKLIST(s): See attachment. Fill in the following drawing showing the land/facilities under agreement. Include buildings,
roads, paved areas, utility lines, fences, ditches, landscaping and any other physical features which help describe the area.
FEDERAL ACQUISITION REGULATION CLAUSES:
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed
electronically at this/these address(es): www.arnet.gov/far/ or www.usda.gov/procurement/policy/agar.html
FAR 52.213-4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (NOV 2017)
FAR 52.222-3 Convict Labor (June 2003)
FAR 52.232-1 Payments (APR 1984)
FAR 52.232-11 Extras (APR 1984)
FAR 52.232-17 Interest (MAY 2014)
FAR 52.232-25 Prompt Payment (JAN 2017)
FAR 52-233-1 Disputes (MAY 2014) ALT I (DEC 1991)
FAR 52.243-1 Changes—Fixed Price (AUG 1987)ALT I(APR 1984)
FAR 52.249-4 Termination for the Convenience of the Government (Services)(Short Form)(APR 1984)
FAR 52.249-8 Termination for Default (Fixed-Price Supply and Service)(APR 1984)
Loss, Damage or Destruction: The Government will assume liability for the loss, damage, or destruction of facilities furnished
under this Agreement, provided that no reimbursement will be made for loss, damage, or destruction when due to (1) ordinary
wear and tear, or (2) the fault or negligence of the owner or the owner’s agent(s).