1252.216-71 Evaluation of proposals sub

ject to economic price adjustment.

As prescribed in 1216.203-471 insert the following provision in all solicitations that contain an economic price adjustment clause:

EVALUATION OF PROPOSALS SUBJECT TO ECONOMIC PRICE ADJUSTMENT (APR 1984) Notwithstanding the requirements of the clause entitled "(insert the title of the clause for economic price adjustment)", proposals shall be evaluated on the basis of quoted prices without an amount for economic price adjustment being added. Proposals which provide for a ceiling lower than that stipulated, if a ceiling is stipulated in the clause, will also be evaluated on this basis, but any resultant award will be made at the lower ceiling. Proposals which provide for adjustment that may exceed the maximum adjustment stipulated, if a maximum is stipulated in the clause, or which limit or delete the downward adjustment, if a downward adjustment is stipulated in the clause, shall be rejected as nonresponsive.

(End of provision)

1252.216-72 Estimated cost, base fee, and award fee.

As prescribed in 1216.404-270(b), insert the following clause in solicitations and contracts when a cost plus award fee contract is contemplated:

ESTIMATED COST, BASE FEE, AND AWARD FEE

(APR 1984)

The estimated cost of this contract is $(insert amount). A base fee of $(insert amount) and a maximum Award Fee of $(insert amount) are payable in accordance with 1252.216-73 "Payment of Base and Award Fee."

(End of clause)

1252.216-73 Payment of base and award fee.

As prescribed in 1216.404–270(b), insert the following clause in solicitiations and contracts when a cost plus award fee contract is contemplated:

PAYMENT OF BASE AND AWARD FEE (APR 1985)

(a) The Government will make payment of the base fee in (insert number) increments. The amount payable shall be based on the progress as determined by the Contracting Officer and shall be subject to any withholdings as may be provided for elsewhere in this contract.

(b) The Government will promptly make payment of any Award Fee upon the submission by the Contractor to the Contracting Officer, or his authorized representative, of a public voucher or invoice in the amount of the total fee earned for the period evaluated as specified in the clause 1252.216-74 "Determination of Award Fee Earned". Payment shall be made without the need for a contract modification.

(End of clause)

1252.216-74 Determination of award fee earned.

As prescribed in 1216.404–270(b), insert the following clause in solicitations and contracts when a cost plus award fee contract is contemplated.

DETERMINATION OF AWARD FEE EARNED (APR 1985)

(a) The Government shall, at the conclusion of each specified evaluation period(s), evaluate the Contractor's performance for a determination of award fee earned. The Contractor agrees that the determination as to the amount of award fee earned will be made by the Government Fee Determination Official (FDO) and such determination concerning the amount of award fee earned is binding on both parties and shall not be subject to appeal under the "Disputes" clause or to any board or court.

(b) It is agreed that the evaluation of Contractor performance shall be in accordance with the Performance Evaluation Plan referenced in the clause entitled "Performance Evaluation Plan" and that the contractor shall be promptly advised in writing of the determiniation and the reasons why it was or was not earned. It is further agreed that the Contractor may submit a self-evaluation of performance of each period under consideration. While it is recognized that the basis for determination of the fee shall be the evaluation by the Government, any selfevaluation which is received within (insert number) days after the end of the period being evaluated may be given such consideration, if any, as the FDO shall find appropriate.

(c) The FDO may, in his/her discretion, specify in any fee determination that fee not earned during the period evaluated may be accumulated and be available for allocation to one or more subsequent periods. In that event, the clause 1252.216-76 "Distribution of Award Fee" shall be adjusted to reflect such allocations.

(End of clause)

1252.216-75 Performance evaluation plan. As prescribed in 1216.404-270(b), insert the following clause in solicitations and contracts when a cost plus award fee contract is contemplated:

PERFORMANCE EVALUATION PLAN (APR 1984)

(a) A Contractor Performance Evaluation Plan, upon which the determination of award fee shall be based (including the criteria to be considered under each area evaluated and the percentage of award fee, if any, available for each area), will be unilat

erally established by the Government. A copy of the plan shall be provided to the Contractor (insert number) calendar days prior to the start of the first evaluation period.

(b) The Performance Evaluation Plan shall set forth the criteria upon which the Contractor will be evaluated for perfomance relating to any: (1) Technical (including Schedule) requirements if appropirate; (2) Management; and (3) Cost Functions selected for evaluation.

(c) The Performance Evaluation Plan may, consistent with the contract, be revised unilaterally by the Government at any time during the period of performance. Notification of such changes shall be provided to the Contractor (insert number) calendar days prior to the start of the evaluation period to which the change will apply.

(b) Payment of the base fee and award fee shall be made, provided that after payment of 85 percent of the base fee and potential award fee, the Government may withhold further payment of the base fee and award fee until a reserve is set aside in an amount that the Government considers necessary to protect its interest. This reserve shall not exceed 15 percent of the total base fee and potential award fee or $100,000, whichever is less.

(c) In the event of contract termination, either in whole or in part, the amount of award fee available shall represent a prorata distribution associated with evaluation period activities or events as determined by the Fee Determination Official.

(End of clause)

1252.217-70 Index for specifications.

As prescribed at 1217.7001(c), insert the following clause in solicitations and contracts:

INDEX FOR SPECIFICATIONS (JAN 1985)

If an index or table of contents is furnished in connection with specifications, it is understood that such index or table of contents is for convenience only. Its accuracy and completeness is not guaranteed, and it is not to be considered as part of the specification. In case of discrepancy between the index or table of contents and the specifications, the specifications shall govern.

(End of clause)

1252.217-71 Delivery and shifting of vessel.

As prescribed at 1217.7001(a) insert the following clause in solicitations and contracts:

DELIVERY AND SHIFTING OF VESSEL (JAN 1985)

The Government shall deliver the vessel to the Contractor at his place of business. Upon completion of the work the Government shall accept delivery of the vessel at the Contractor's place of business. The Contractor shall provide, at no additional charge, upon 24 hours' advance notice, a tug or tugs and docking pilot, acceptable to the contracting officer, to assist in handling the vessel between (to and from) the Contractor's plant and the nearest point in a waterway regularly navigated by vessels of equal or greater draft and length. While the vessel is in the hands of the Contractor, any necessary towage, cartage, or other transportation between ship and shop or elsewhere, which may be incident to the work herein specified, shall be furnished by the Contractor without additional charge to the Government.

(End of clause)

1252.217-72 Performance.

As prescribed at 1217.7001(a) insert the following clause in solicitations and contracts:

PERFORMANCE (JAN 1985)

(a) The Contractor shall make the necessary arrangements for receiving the vessel on the specified date, such arrangements to be satisfactory to the contracting officer or his duly authorized representative.

(b) The Contractor shall promptly commence the work required by the contract and shall diligently prosecute same to completion to the satisfaction of the contracting officer.

(c) Except as otherwise provided in this contract, the Contractor shall furnish all necessary material, labor, services, equipment, supplies, power, accessories, facilities and such other things and services as are necessary for accomplishing the work speci

(d) The Contractor shall without charge and without specific requirement therefor: (1) Make available at the plant to personnel of the vessel, while in drydock or on a marine railway, toilet and similar facilities acceptable to the contracting officer as adequate in number and sanitary standards. For vessels fitted with pollution abatement systems, provide for disposal of shipboard waste (non-oily) by installing a portable hose between the vessel's weather deck sewage overboard discharge connection and either a shore-side holding facility, sewage treatment plant, or a municipal sewage system. Directing of shipboard waste to waters covered by the Federal Water Pollution Control Act, as amended, will not be allowed. In freezing conditions the Contractor will provide protection to the hook up system.

(2) Supply and maintain, in such condition as the contracting officer may reasonably require, suitable brows and gangways from the pier, drydock or marine railway to the vessel (access to vessel shall be lighted by the Contractor during the periods of darkness).

(3) Treat salvage, scrap, or other ship's material of the Government resulting from performance of work as though they were items of Government-furnished property in accordance with provisions of the "Government-Furnished Property" clause of this contract.

(4) Perform, or pay the cost of, any repairs, reconditioning or replacements necessary as a result of the use by the Contractor of any of the vessel's machinery, equipment or fittings including, but not limited to winches, pumps, rigging, or pipelines.

(e) The Contractor shall conduct dock and sea trials of the vessel as required by the specifications. Unless otherwise expressly provided in the contract, during the conduct of such trials the vessel shall be under the control of the vessel's commander and crew with representatives of the Contractor and the Government on board to determine whether or not the work done by the Contractor has been satisfactorily performed. Dock and sea trials not specified herein which the Contractor requires for his own benefit shall not be undertaken by the Contractor without prior notice to and approval of the contracting officer; any such dock trials shall be conducted at the risk and expense of the Contractor. The Contractor shall provide and install all fittings and appliances which may be necessary for the dock and sea trials, to enable the representatives of the Government to determine whether the requirements of the contract,