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of the contract, or with the approval of the Contracting Officer at any time during the performance of the contract, all such Contractor furnished materials and equipment not incorporated in any vessel or part there of, or not placed upon any vessel or part thereof, in accordance with the requirements of the contract, shall become the property of the Contractor, except those materials and equipment the cost of which has been reimbursed by the Government to the Contractor.

(End of clause)

provide evidence of insurance as required by the Government.

(e) The Contractor shall receive no allowance in the contract price for inclusion of any premium expense or charge for any reserve made on account of self-insurance for coverage against any risk assumed by the Government under this clause.

(f) As soon as practicable after the occur. rence of any loss or damage the risk of which the Government has assumed, written notice of the damage shall be given by the Contractor to the Contracting Officer. The notice shall contain full particulars of the loss or damage. If claim is made or suit is brought thereafter against the Contractor as the result or because of such event, the Contractor shall immediately deliver to the Government every demand, notice, summons or other process received by it or its representatives. The Contractor shall cooperate with the Government and, upon the Government's request, shall assist in effecting settlements, securing and giving evidence; obtaining the attendance of witnesses and in the conduct of suits. The Government shall pay to the Contractor the expense, other than the cost of maintaining the Contractor's usual organization, incurred in this assistance. Except at its own cost, the Contractor shall not voluntarily make any payment, assume any obligation or incur any expense not imperative for the protection of the vessel or vessels at the time of the event.

1352.217-98 Discharge of liens.

As prescribed in 1317.7001(a), insert the following clause:

DISCHARGE OF LIENS (CAR 1352.217-98) (JAN

1987) The Contractor shall immediately discharge or cause to be discharged any lien or right in rem of any kind, other than in favor of the Government, which at any time exists or arises in connection with work done or materials furnished under any contract hereunder with respect to the machinery, fittings, equipment or materials for any of the vessels. If any such lien or right in rem is not immediately discharged, the Government may discharge or cause to be discharged such lien or right at the expense of the Contractor.

(End of clause)

(End of clause)

1352.217-97 Title.

As prescribed in 1317.7001(a), insert the following clause:

1352.217-99 Department of Labor Occupa

tional Safety and Health Standards for

Ship Repairing. As prescribed in 1317.7001(a), insert the following clause:

TITLE (CAR 1352.217-97) (JAN 1987) Unless title to materials and equipment acquired or produced for, or allocated to, the performance of this contract shall have vested previously in the Government by virtue of other provisions of this contract, title to all materials and equipment to be incorporated in any vessel or part thereof, or to be placed upon any vessel or part hereof in accordance with the requirements of the contract, shall vest in the Government upon delivery thereof at the plant or such other location as may be specified in the contract for the performance of the work. However, the Contractor is fully responsible for all such Contractor furnished materials and equipment or the restoration of any damaged work. It is expressly understood and agreed that the Contractor shall assume without limitation the risk of loss for any such materials and equipment until such time as all work is completed and accepted by the Government and the vessel is redelivered to the Government. Upon completion

DEPARTMENT OF LABOR OCCUPATIONAL SAFETY

AND HEALTH STANDARDS FOR SHIP REPAIRING (CAR 1352.217-99) (JAN 1987)

Attention of the Contractor is directed to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651-678), and to the Occupational Safety and Health Standards for Shipyard Employment (29 CFR 1915), promulgated under Pub. L. 85-742, amending Section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941), and adopted by the Department of Labor as occupational safety or health standards under Section 6(a) of the Occupation Safety and Health Act of 1970 (29 CFR 1910.13). These regulations apply to all ship repair and related work, as defined in the regulations, performed under this contract on the navigable waters of the United States, including any dry dock or marine railway. Nothing contained in this contract

shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations.

(End of clause)

1352.217–100 Regulations governing asbes

tos work. As prescribed in 1317.7001(a), insert the following clause:

GOVERNMENT REVIEW, COMMENT, ACCEPTANCE

AND APPROVAL (CAR 1352.217-102) (JAN

1987) (a) Documentation, including drawings and other engineering products and reports, required by the contract to be submitted for review, comment, acceptance or approval will be acted upon by the Government within 30 calendar days after receipt by the Government, unless another period of time is specified.

(b) Review, comment, acceptance or approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such review, comment and acceptance or approval.

REGULATIONS GOVERNING ASBESTOS WORK

(CAR 1352.217-100) (JAN 1987)

If asbestos is encountered, the Contractor shall follow the regulations contained in 29 CFR 1910.1001 (OSHA, Chapter XVII).

(End of clause)

1352.217-101 Complete and final equitable

adjustments. As prescribed in 1317.7001(a), insert the following clause:

(End of clause)

COMPLETE AND FINAL EQUITABLE ADJUSTMENTS (CAR 1352.217-101) (JAN 1987)

1352.217-103 Access to the vessel(s).

As prescribed in 1317.7001(a), insert the following clause:

Whenever the Contractor submits any claim for an equitable adjustment attributable to any fact or circumstance regarded as a change order whether formal or "constructive,” under the Changes clause or any other clause of this contract, such claim shall include all adjustments (including but not limited to adjustments arising out of delays or disruptions or both caused by such change order) to which the Contractor is entitled under this contract. The foregoing requirement shall not preclude the Contractor from revising or resubmitting the claim prior to agreement upon the equitable adjustment for the change order. However, unless otherwise expressly agreed in the aforesaid supplemental agreement, the Contractor shall waive any right under the Changes clause or any other clause of this contract to further equitable adjustments attributable to such facts or circumstances giving rise to the claim upon the execution of the supplemental agreement setting forth the equitable adjustment. In any event, such right shall be deemed to be waived.

ACCESS TO THE VESSEL(S) (CAR 1352.217–103)

(JAN 1987) (a) As authorized by the Contracting Officer, a reasonable number of officers, employees and associates of the Government, or other prime Contractors with the Government and their subcontractors shall have admission to the plant and access to the vessel(s) at all reasonable times to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements to provide access for these personnel to office space, work areas, storage or shop areas, and other facilities and services, reasonable and necessary to performance of their respective duties. All such personnel shall comply with Contractor rules and regulations governing personnel at its shipyard, including those regarding safety and security.

(b) The Contractor further agrees to allow a reasonable number of officers, employees, and associates of offerors on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to Contractor rules and regulations governing personnel in its shipyard, including those regarding safety and security.

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(End of clause) 1352.217-104 Documentation of requests

for equitable adjustment. As prescribed in 1317.7001(a), insert the following clause: DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT (CAR 1352.217-104) (JAN 1987)

(a) For the purpose of this clause, the term "change" includes not only a change made pursuant to a written order designated as a "change order" but also any act or omission to act on the part of the Government where a request is made for equitable adjustment.

(b) Whenever the Contractor requests or proposes an equitable adjustment to the contract price of not more than $100,000, for a change or an act or omission on the part of the Government, the request shall include a breakdown of the price adjustment in such form and supported by such reasonable detail as the Contracting Officer may request. As a minimum, the Contractor shall provide a breakdown of direct labor hours, labor dollars, overhead, material, subcontracts, contingencies and profit for each change and a justification for any extension of delivery date.

(c) Whenever the Contractor requests or proposes an equitable adjustment of $100,000 gross (aggregate increases and/or decreases) or more to the price of the contract for a change made pursuant to a written order designated as a “change order” or whenever the Contractor requests an equitable adjustment in any amount for any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following in. formation for each individual item or ele. ment of the request:

(1) A description of (i) the unperformed work required by the contract before the change which has been deleted by the change and (ii) the work deleted by the change that already has been completed in whole or in part. The description shall include a list of components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property shall be indicated. A separate description shall be furnished for design and production work. Items of raw material, purchased parts, components, and other identifiable hardware which are made excess by the change, and which are not to be retained by the Contractor, are to be listed for later disposition;

(2) A description of the work necessary to undo work already completed which has been deleted by the change;

(3) A description of the work substituted or added by the change that was not re

quired by the terms of the contract before the change. A list of components and equipment (not bulk material or items) involved, should be included. A separate description shall be furnished for design work and production work;

(4) A description of any interference or inefficiency encountered in performing the change;

(5) A description of disruption attributable solely to the change, which shall include the following information:

(i) A specific description of each element of disruption which states how the work has been, or will be, disrupted;

(ii) The calendar time period whea disruption occurred, or will occur;

(iii) The area(s) aboard ship where disruption occurred, or will occur;

(iv) The trade(s) disrupted, with a breakdown of man-hours for each trade;

(v) The scheduling of trades before, during, and after the period of disruption;

(vi) A description of measures taken to lessen the disruptive effect of the change.

(6) The delay in delivery attributable solely to the change;

(7) A description of other work attributed to the change;

(8) A narrative statement of the direct causal relationship between any alleged Government act or omission and the claimed result, cross-referenced to the detailed information required above.

(9) A statement setting forth a comparative enumeration of the amounts “budgeted” for the cost elements, including the materials cost, labor hours, and indirect costs pertinent to the change estimated by the Contractor in preparing his initial and ultimate proposal(s) for this contract, and the amounts claimed to have been incurred, or projected to be incurred, corresponding to each such “budgeted cost” element.

(d) In addition to the information required by paragraph (b), each proposal submitted in support of a claim for equitable adjustment in the amount of $100,000 or more under any provision of this contract shall contain a duly executed Standard Form 1411 (Contract Pricing Proposal) for each individual claim item. The submitted Standard Form 1411 shall fully comply with Section 15.804-6 of the Federal Acquisition Regulation and any instructions on the reverse side of the form.

(e) In addition to the information required by paragraph (c), each proposal submitted in support of a claim for equitable adjustment under any provision of this contract shall contain a duly executed SF-1411 (Contracting Pricing Proposal) for each individual claim item. The submitted SF-1411 shall fully comply with Section 15.804-6 of the Federal Acquisition Regulation and any instructions on the reverse side of the form.

pleted Standard Form 1411. At the time of agreement upon the price of the Change Proposal, the Contractor shall submit a signed Certificate of Current Cost or Pricing Data.

(End of clause)

(f) Individual claims for equitable adjustment may not encompass all of the factors listed in (c) above. Accordingly, the Contractor is required to set forth in his proposal information only with respect to those factors which are encompassed in the individual claim for equitable adjustment. In any event, the information furnished hereunder shall be in sufficient detail to permit the Contracting Officer to correlate the claimed increased costs or delay in delivery set forth in the SF-1411 (Contracting Pricing Proposal) with the information submitted pursuant to paragraph (c).

1352.217-106 Lay days.

As prescribed in 1317.7001(a), insert the following clause:

(End of clause)

1352.217–105 Change proposals.

As prescribed in 1317.7001(a), insert the following clause:

CHANGE PROPOSALS (CAR 1352.217-105) (JAN

1987)

LAY DAYS (CAR 1352.217-106) (JAN 1987)

(a) Lay day time will be paid for by the Government at the Contractor's stipulated bid price for this item of the contract when the vessel remains on the dry dock or marine railways as a result of any Government change that involves work in addition to that required under the basic contract.

(b) No amount for lay day time shall be paid until all accepted items of the basic contract for which a price was established by the Contractor and for which docking of the vessel was required have been satisfactorily completed.

(c) Days of hauling out and floating, whatever the hour, shall not be paid as lay day time, and days when no work is performed by the Contractor shall not be paid as lay day time.

(d) Payment of lay day time shall constitute complete compensation for all costs except for the direct cost of performing the changed work.

(End of clause)

(a)(1) In addition to issuing changes under the Changes clause, the Contracting Officer may propose changes within the general scope of this contract, as set forth below. Within 10 days from the date of receipt of any such proposed change, or within such further time as the Contracting Officer may allow, the Contractor shall submit a scope of work, plans and sketches for the proposed change, and his estimate of: (i) the cost, (ii) the effect on the delivery date of the vessel, and (iii) the status of work on the ship affected by the proposed change. The proposed scope of work and estimate of the cost shall be in such form and supported by such reasonably detailed information as the Contracting Officer may require.

(2) The Contractor's estimate shall be a firm offer for 30 days from receipt thereof by the cognizant Contracting Officer, unless extended by mutual consent. Within the time limit, the Contractor agrees to either (i) enter into a supplemental agreement covering the estimate as submitted or (ii) begin good faith negotiations at the request of the Contracting Officer, leading to the execution of a bilateral supplemental agreement, if the estimate as submitted is not satisfactory to the Contracting Officer. In either case, the supplemental agreement shall include an equitable adjustment for the preparatory work set forth above.

(b) Pending execution of a bilateral agreement or the direction of the Contracting Officer pursuant to the Changes clause, the Contractor shall proceed diligently with contract performance without regard to the effect of any such proposed change.

(c) Concurrently with the submission of any Change Proposal under this contract in which the proposed aggregate cost is $100,000 or greater, the Contractor shall submit to the Contracting Officer a com

1352.217-107 Changes-ship repair.

As prescribed in 1317.7001(a), insert the following clause: CHANGES-SHIP REPAIR (CAR 1352.217-107)

(JAN 1987) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract, in any one or more of the following:

(1) Drawings, designs, or specifications, when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications;

(2) Method of shipment or packing;
(3) Place of performance of the work;

(4) Time of commencement or completion of the work; and

(5) Other requirements within the general scope of the contract.

(b) If any such change causes an increase or decrease in the cost of, or the time requried for, performance of any part of the work under this contract, whether changed or not changed by the order, the Contracting Offi

cer shall make an equitable adjustment in negligence of the Contractor. Examples of the contract price, the delivery schedule, or such causes include (1) acts of God or of the both, and shall modify the contract.

public enemy, (2) acts of the Government in (c) The Contractor must submit any pro- either its sovereign or contractual capacity, posal for adjustment (hereafter referred to

(3) fires, (4) floods, (5) epidemics, (6) quar. as proposal) under this clause within 10

antine restrictions, (7) strikes, (8) freight days from the date of receipt of the written

embargoes, and (9) unusually severe weathorder. However, if the Contracting Officer

er. In each instance the failure to perform decides that the facts justify it, the Con

must be beyond the control and without the tracting Officer may receive and act upon a

fault or negligence of the Contractor. proposal submitted before final payment of the contract.

(d) If the failure to perform is caused by (d) If the Contractor's proposal includes

the default of a subcontractor at any tier, the cost of property made obsolete or excess

and if the cause of the default is beyond the by the change, the Contracting Officer shall control of both the Contractor and subconhave the right to prescribe the manner of

tractor, and without the fault or negligence the disposition of the property.

of either, the Contractor shall not be liable (e) Failure to agree to any adjustment for any excess costs for failure to perform, shall be a dispute under the Disputes clause. unless the subcontracted supplies or services However, nothing in this clause shall excuse were obtainable from other sources in suffi. the Contractor from proceeding with the cient time for the Contractor to meet the contract as changed.

required delivery schedule.

(e) If this contract is terminated for de(End of clause)

fault, the Government may require the Con1352.217-108 Default--ship repair.

tractor to transfer title and deliver to the

Government, as directed by the Contracting As prescribed in 1317.7001(a), insert

Officer, any (1) completed supplies, and (2) the following clause:

partially completed supplies and materials, DEFAULT-SHIP REPAIR (CAR 1352.217-108)

parts, tools, dies, jigs, fixtures, plans, draw(JAN 1987)

ings, information, and contract rights (col

lectively referred to as “manufacturing ma(a) The Government may, subject to para- terials” in this clause) that the Contractor graphs (c) and (d) of this clause, by written

has specifically produced or acquired for the notice of default to the Contractor, termi

terminated portion of this contract. Upon nate this contract in whole or in part if the

direction of the Contracting Officer, the Contractor fails to

Contractor shall also protect and preserve (1) Deliver the supplies or to perform the

property in its possession in which the Govservices within the time specified in this

ernment has an interest. contract or any extension; (2) Make progress, so as to endanger per

(f) The Government shall pay contract formance of this contract; or

price for completed supplies delivered and (3) Perform any of the other provisions of

accepted. The Contractor and Contracting this contract.

Officer shall agree on the amount of pay. (b) If the Government terminates this ment for manufacturing materials delivered contract in whole or in part, it may arrange

and accepted and for the protection and for comp!etion of the work in the manner preservation of the property. Failure to the Contracting Officer considers appropri- agree will be a dispute under the Disputes ate. The Contracting Officer may designate clause. The Government may withhold from any plant or plants for completion of the these amounts any sum the Contracting Of. work, including the Contractor's plant or ficer determines to be necessary to protect plants. If the work is to be completed at the the Government against loss because of outContractor's plant, the Government may standing liens or claims of former lien holduse all tools, machinery, facilities and equip

ers. ment of the Contractor which the Contract

(g) If, after termination, it is determined ing Officer determines to be necessary. The

that the Contractor was not in default, or Contractor will be liable to the Government

that the default was excusable, the rights for any excess costs, other than those costs attributable to changes in the plans or spec

and obligations of the parties shall be the ifications made after the termination date.

same as if the termination had been issued However, the Contractor shall continue the

for the convenience of the Government. work not terminated.

(h) The rights and remedies of the Gov(c) Except for defaults of subcontractors ernment in this clause are in addition to any at any tier, the Contractor shall not be other rights and remedies provided by law liable for any excess costs if the failure to or under this contract. perform the contract arises from causes beyond the control and without the fault or

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