FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving

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Prescribed in 23.1105
Effective Date:	1 August 2011
Clause or Provision:	Clause
Provision or Clause Number:	52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving
Principle Type And/Or Purpose of Contract:
Required:	Utility Services; Fixed Price, Supply; Cost Reimbursement, Supply; Fixed Price, R&D; Cost Reimbursement, R&D; Fixed Price, Service; Cost Reimbursement, Service; Fixed Price, Construction; Cost Reimbursement, Construction; Time & Material/Labor Hour; Leasing of Motor Vehicles; Communication Services; Dismantling, Demolition or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; Transportation; Simplified Acquisition Procedures (Excludes Micro-Purchase); Utility Services; Commercial Items
Applicable:
Optional:
Subject:	Safety
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription The contracting officer shall insert the clause at 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving, in all solicitations and contracts.
Clause Overview:	Clause (a) Definitions As used in this clause— “Driving”– (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. “Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. Executive Order 13513 (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. Contractor Guidelines (c) The Contractor is encouraged to— (1) Adopt and enforce policies that ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as— (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. Subcontracts (d) Subcontracts The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.
Important Notes/Requirements:
Subcontract Threshold:	>10,000">10,000" is not in the list (>10M, >5M, >1M, >750,000, >700,000, >500,000, >150,000, >100,000, >30,000, >25,000, ...) of allowed values for the "SubcontractThreshold" property.
Incorporated by Reference:	Yes
Uniform Contract Format:	I
Editor:	Marshall

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Personal notes.