48 CFR § 216.405-2-70 - 216.405-2-70 Award fee reduction or denial for jeopardizing the health or safety of Government personnel.

---
identifier: "/us/cfr/t48/s216.405-2-70"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 216.405-2-70 - 216.405-2-70   Award fee reduction or denial for jeopardizing the health or safety of Government personnel."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "216.405-2-70"
section_name: "216.405-2-70   Award fee reduction or denial for jeopardizing the health or safety of Government personnel."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "C"
subchapter_name: "CONTRACTING METHODS AND CONTRACT TYPES"
part_number: "216"
part_name: "TYPES OF CONTRACTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36340, July 31, 1991, unless otherwise noted."
cfr_part: "216"
---


# 216.405-2-70 216.405-2-70   Award fee reduction or denial for jeopardizing the health or safety of Government personnel.

(a) *Definitions.*

*Covered incident* and *serious bodily injury**,* as used in this section, are defined in the clause at 252.216-7004, Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.

(b) The contracting officer shall include in the evaluation criteria of any award-fee plan, a review of contractor and subcontractor actions that jeopardized the health or safety of Government personnel, through gross negligence or reckless disregard for the safety of such personnel, as determined through—

(1) Conviction in a criminal proceeding, or finding of fault and liability in a civil or administrative proceeding (in accordance with section 823 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84)); or

(2) If a contractor or a subcontractor at any tier is not subject to the jurisdiction of the U.S. courts, a final determination of contractor or subcontractor fault resulting from a DoD investigation (in accordance with section 834 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383)).

(c) In evaluating the contractor's performance under a contract that includes the clause at 252.216-7004, Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel, the contracting officer shall consider reducing or denying award fees for a period if contractor or subcontractor actions cause serious bodily injury or death of civilian or military Government personnel during such period. The contracting officer's evaluation also shall consider recovering all or part of award fees previously paid for such period.

[75 FR 69361, Nov. 12, 2010. Redesignated at 76 FR 52135, Aug. 19, 2011]