Military Ship Repair Programs Purchase Order Special Terms And Conditions In Support Of Contract N00024-06-C-2222 LPD 22, 23, 24 And LPD 25 (LPD 17 Class Ships) For Huntington Ingalls Incorporated

Military Ship Repair Programs Purchase Order Special Terms And Conditions In Support Of Contract N00024-06-C-2222 LPD 22, 23, 24 And LPD 25 (LPD 17 Class Ships) For Huntington Ingalls Incorporated

Rev 0 October 5, 2012

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TABLE OF CONTENTS

APPENDIX I: ADMINISTRATIVE

1.8 IMMIGRATION REFORM AND CONTROL

1.10 IDENTIFICATION MARKING OF PARTS

1.11 PACKAGING, SHIPPING AND MARKING

APPENDIX II: GENERAL PROVISIONS

2.8 GUARANTEE

APPENDIX III: FLOW-DOWN PROVISIONS

3.0. GENERAL

3.1 DEFINITIONS

3.2 INCORPORATION OF CLAUSES BY REFERENCE

3.3 GOVERNMENT-INDUSTRY DATA EXCHANGE

3.4 LOGISTIC SUPPORT REQUIREMENT

3.5 STANDARDIZATION

3.6 NOTIFICATION OF OWNERSHIP CHANGES • FAR 52.215-19 (OCT 1997)

3.7 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE III • FAR 52.234-1 (DEC 1994)

3.8 SUBCONTRACTS FOR COMMERCIAL ITEMS • FAR 52.244-6 (DEC 2004)

3.9 PREFERENCE FOR DOMESTIC SPECIALTY METALS

3.10 TRANSPORTATION OF SUPPLIES BY SEA • DFARS 252.247-7023 (MAY 2002)

3.11 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA • DFARS 252.247-7024 (MAR 2000)

3.12 OZONE DEPLETING SUBSTANCES • FAR 52.223-11 (MAY 2001)

3.13 INSPECTION

3.14 LIENS AND TITLE

 

APPENDIX I: ADMINISTRATIVE
The following clauses are flowed down pursuant to the requirements of NASSCO's subcontract with Huntington Ingalls Incorporated.

1.8 IMMIGRATION REFORM AND CONTROL
Seller shall comply and require its subcontractors to comply with the Immigration Reform and Control Act of 1986 ("IRCA") and the regulations promulgated thereunder, including documentary inspection and all paperwork requirements. Seller will indemnify and hold Buyer and Huntington Ingalls Shipbuilding harmless from any fines or penalties levied against them for Seller's or its subcontractors' violation of IRCA.

1.10 IDENTIFICATION MARKING OF PARTS

1.10.1

Identification marking of individual parts within the systems, equipments, assemblies, sub-assemblies, components, groups, sets or kits and of spare and repair parts shall be done in accordance with applicable specifications and drawings. To the extent identification markings of such parts is not specified in applicable specifications or drawings, such marking shall be accomplished in accordance with the following:


1.10.2

Parts shall be marked in accordance with generally accepted commercial practice.


1.10.3

In cases where parts are so small as not to permit identification marking as provided above, such parts shall be appropriately coded with metal tags or other attached markings so as to permit ready identification.


1.10.4

In addition:

  1. Electronic parts – that is, all repairables in electrical equipment and electrical parts when used in equipment that are not electrical in nature (e.g., electrical controls) – shall be identified and marked using any process that will not adversely affect the function of the finished part. Any paper, plastics or metal tags used shall have all burrs and rough edges removed.
  2. Markings shall remain legible following completions of all inspections specified in the acquisition document for the normal life expectancy of the part.
  3. Marking materials shall be non-fading.
  4. (Paper labels for attachment to parts shall not be used.
  5. Any other markings that may be applied to the part shall not interfere with, obscure, or confuse those specified herein.
  6. Whenever practicable, markings shall be located in such a manner so as to allow its being visible during normal operational use.
  7. Marking materials creating hazardous conditions shall not be used.

1.10.5

Full Marking - All markings listed below shall be marked on the repairable part. Where size, surface condition, or other design consideration will not allow full marking on the part, markings will be made in the order shown below:

  1. Sensitive Electronic Device (SED) or ESD Electrostatic Sensitive Device Symbols
  2. Identifying Number;
  3. Source Code;
  4. Date Inspection Code;
  5. Lot Symbol;
  6. Characteristics and Ratings; and

    Definitions for (a) through (i) above can be found in MIL-STD-1285B.

10.1.6

Preferred Markings - The following preferred marking methods are provided as a guide and are not mandatory.

Marking Method

Recommended Use

Metal Stamp

Metal or nonmetal parts that will not deform under the stamping pressure required. Also the alteration of the surface roughness finish will be detrimental to proper functioning.

Engraving

Sheet Metal fabrication that will deform if metal stamped. Functional markings with color fill.

Electrical Arc Pencil

Sheet Metal fabrication that will deform if metal stamped, irregular surface.

Embossing

Thin sheet metal, plastic or nonfunctional surfaces.

Cast or Forge

Should be used on non-machined surfaces only.

Molded

Usually plastic or rubber.

Electro-chemical/
Electrolytic process

Used on fine surface finishes without protective coating, also high hardness parts.

Rubber Stamp/Stencil


Fabric, wood, plastic and protective metal finishes.

Decal

Instructional plates, part identification, and when other methods are not available.

Tags

When other methods are not available.

Laser Engraving

When exact marking control is required without penetrating plating.


1.10.7

Warranted Items - Warranted items shall be marked in a conspicuous location to give notice that the items are subject to a warranty. The marking shall contain, as a minimum, the statement "WARRANTED ITEM" and the period or conditions of the warranty.


1.11 PACKAGING, SHIPPING AND MARKING

1.11.1

  1. All items shall be preserved and packed using MIL-P-116 for guidance and/or optimum protection during shipment and for in-plant handling and storage. Packing shall be of non-flammable material. If shipment is from outside the U.S., pallets must be pest free, and preferably use heat (not chemically) treated bark free wood. All shipments forwarded on one day via one route shall be consolidated and consecutively numbered (i.e., 1 of 5, 2 of 5, etc.). Preservation shall be suitable for one year storage prior to installation.
  2. In addition to the requirements of Article 1.11.3 below, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the items being shipped. The Master Packing List shall be attached to the number one container and so identified.

1.11.2

If Seller ships internationally via ocean in sealed LCL (Less-Than Container Load), FCL (Full Container Load), or break-bulk shipments arriving at U.S. seaports from non-U.S. countries, then Seller must provide Buyer's Logistics department with U.S. Customs 10+2 importation data using the Importer Security Filing-Form 10 in accordance with the instructions available on the internet at: www.cbp.gov/xp/cgov/trade/cargo_security/carriers/security_filing/. The 10+2 information must be sent to Buyer's Logistics department within three to four (3-4) days prior to vessel departure from port of origin. In addition, updates and corrections must also be provided to the Buyer's Logistics Department at least three (3) business days prior to the vessel arriving in a U.S. destination port. Expediting costs to free-up shipments with late or missing 10+2 documentation could be charged to Seller at Buyers option.


1.11.3

All shipments shall be clearly and indelibly marked with the Huntington Ingalls Shipbuilding Piece Mark Number on the equipment/material/commodities shipped. Where parts are so small as to not permit individual marking, they shall be separately packaged and the package marked with the Huntington Ingalls Shipbuilding Piece Mark Number and the quantity contained therein. Each piece of steel plate, regardless of size or thickness, shall be die stenciled with the heat number and grade.


1.11.4

Packing lists shall be completed with the following information as an absolute minimum:

  1. Huntington Ingalls Shipbuilding Job Number.
  2. Huntington Ingalls Shipbuilding Purchase Order Number.
  3. Huntington Ingalls Shipbuilding Purchase Request Number (for each item on the Packing List, when this number is provided on the Purchase Order).
  4. Quantity, Description, Purchase Order Line Number and Huntington Ingalls Shipbuilding Piece Mark Number for each item on the Packing List. (Seller Part Number, when used, shall be in addition to this information.)
  5. Weight and quantity (i.e., L.E., S.E., Number of Pieces, etc.) for each item on the Packing List that will be invoiced by weight/unit price/cost.
  6. National stock number if applicable.

1.11.5

Items not readily marked, and all equipment items and parts must be tagged with aluminum, stainless steel or paper tags containing all identification requirements specified by the Purchase Order to permit correlation with the Packing List.


1.11.6

One copy of the Master Packing List (if applicable), Packing List and the original copy of the Bill of Lading shall be mailed to Huntington Ingalls Shipbuilding at the time the shipment is delivered to the carrier. An itemized packing list must also accompany each shipment. Shipments not containing adequate identification and required packing lists will be considered incomplete and will be subject to return to sender, at its expense, for completion.


1.11.7

Valves shall be tagged with an aluminum or stainless steel tag displaying with 3/16 inch minimum letters the Huntington Ingalls Shipbuilding Piece Mark, Purchase Order and Job Order numbers. This tag is in addition to, and is not a substitute for the marking requirements invoked elsewhere in this document.


1.11.8

One reproducible copy, or five blueprint copies, of each component or equipment drawing is required for the initial submittal of each Job Order. Subsequent submittals shall be in the form of a letter stating job, drawing, Piece Mark and Purchase Order numbers and that a drawing was submitted on the initial submittal. Each drawing shall be clearly marked with the applicable Huntington Ingalls Shipbuilding Piece Mark, Job and Purchase Order numbers. Drawings shall be submitted to NASSCO.


1.11.9

Classified data, if applicable, shall be prepared for delivery in accordance with Department of Defense Industrial Security Manual for Safeguarding Classified Information, DOD 5220.22M.


1.11.10

The preservation and packaging of Spare Parts and Special Tools shall comply with the requirements of the Specifications.


1.11.11

In order to insure that protection of equipment is provided from the time of its arrival in the shipyard until a protection requirement no longer exists, the Seller shall provide the following protection, appropriate to the type of equipment being supplied, as defined below. This requirement is in addition to those stated elsewhere in this document.

SELLER PROVIDED PROTECTION OF EQUIPMENT

Protective Level

Type of Equipment

Protection Required

I

Classified equipment and/or equipment and panels that have components with glass surfaces (PPI's, indicators, gauges, dials, etc.)

Fitted, multi-layered cover, consisting of two layers of Herculite, one and one layer of Scotch Foam. Sewn in guards of fire retardant plywood or sheet metal. Peel-A-Strip on exposed surfaces. Metal covers shall be installed on all classified equipment.

II

Equipment and panels that have fragile, protruding appendages (levers, knobs, actuators, etc.)

Fitted front covers, padding taped to equipment where necessary. Peel-A-Strip on exposed surfaces.

III

Cabinets that have self-ventilating intake and exhaust openings, but no glass surfaces or fragile protrusions

Taped on cover. Peel-A-Strip on exposed surfaces.

IV

Fluid system accessories (thermometers, sight glasses sensing devices, flow indicators, pressure gauge, etc.)

Sheet metal covers, pads as necessary, taped on Herculite covers.

V

Mechanical Equipment

Sheet metal covers


1.11.12

Seller shall furnish as part of his loose item scope of supply a quantity equal to 50% (minimum of one) of all miscellaneous knobs, levers, covers and other similar items that are readily susceptible to damage, abuse or vandalism during the course of the ship building program.


APPENDIX II: GENERAL PROVISIONS

2.8 GUARANTEE

2.8.1

All Contract Products furnished by Seller pursuant to this Order, or any part thereof, even though validated for manufacture or installation, shall be guaranteed by Seller to Buyer and/or the Government, as their interests may appear, to be free of Defects during required tests and for the Guarantee Period. The term "Guarantee Period" refers to the period that will expire concurrently with that of the Prime Contract beginning at the time of preliminary acceptance and ending twelve months after the preliminary acceptance of each respective ship by the Government, unless extended as hereinafter provided in Article 2.8.4.


2.8.2

For the purposes of this Order, the term "Defect" shall mean; (i) any weakness, any failure, any breaking down, any deficiency, any deterioration in any Contract Products, or in workmanship, engineering, equipment, machinery or materials incorporated therein or to be delivered therewith; or (ii) any failure of any Contract Product, or of any workmanship, engineering, equipment, machinery or materials incorporated therein or to be delivered therewith, to satisfy any of the requirements of this Order or the drawings or Specifications and the intent thereof. Seller's obligations hereunder shall extend and apply to all workmanship and to each and every item of machinery, material, or equipment which is incorporated in this Order, whether furnished or fabricated by Seller or its subcontractor or some other vendor, manufacturer, or supplier to Seller.


2.8.3

Seller shall not be responsible for correcting any Defect to the extent that the Defect resulted from specific written direction of Buyer later found to result in a Defect (but only if the Seller gave Buyer timely written notice that such specific direction was technically improper), nor to the extent that it is due to ordinary wear and tear, nor to the extent it is increased by the negligent or other improper act or failure to act of Buyer or the Government. Seller shall not be liable for any defects or deficiencies in any equipment supplied by the Government, except for installation in accordance with Plans and Specifications.


2.8.4

Notwithstanding any inspection or failure to reject by Buyer, if any time within the Guarantee Period there shall appear, exist, or be discovered any Defect, such Defect shall be made good pursuant to 52.246-6 Inspection of Services – Time and material and Labor-Hour. The Guarantee Period shall be extended for any period in which a vessel is unavailable for unrestricted service. In addition to the rights otherwise provided for in this Order, Seller warrants that Defects discovered during the period of the Guaranty Period and any extension thereof that have been corrected by Seller will be free from further Defects in material and workmanship and will conform with the specifications and other requirements of the contract for a period of twelve months following the completion of such correction or replacement. In the event of the breach of this guarantee, Buyer shall be entitled to re-correction of the Defect by Seller or at Seller's expense. Nothing herein shall relieve Seller of its liability for latent Defects, fraud or such gross mistakes amounting to fraud, regardless of when such Defects are discovered.


2.8.5

Any work required to be performed pursuant to the provisions of this Article shall be carried out, if practicable and at the Government's option, at Buyer's facilities. With the concurrence of the Government, Seller may have such work performed by its subcontractor, another shipyard or ship repair facility at any port satisfactory to the Government.


2.8.6

Buyer shall notify Seller, in writing, of any Defect and damage, if any, to machinery or equipment for which Seller is liable pursuant to this Article within 45 days after its discovery, setting out in such notification the specific Defect to the extent discovered.


2.8.7

Final Contract Trials of each of the ships shall be conducted by the Government at or near the expiration of the Guarantee Period and Seller shall be given written notice thereof at least ten days prior to the trial. Seller, at its expense, and subject to approval of the Government, shall be entitled to have representatives present during such trial.


APPENDIX III: FLOW-DOWN PROVISIONS

3.0. GENERAL
Seller, and all subcontractors at any tier, shall comply with all laws, rules, regulations, and requirements of the departments or agencies of the United States affecting the construction and operation of works, plants, and vessels, in or on navigable waters and the shores thereof, and shall procure such permits from the United States and from state and local authorities as may be necessary in connection with beginning or carrying on to completion the contract work, and shall at all times comply with all United States, state and local laws in any way affecting the contract work. Subject to the limitations in this Order, Seller shall defend, indemnify and hold Buyer harmless from and against any and all damage, costs and liabilities incurred by Buyer as a result of (i) Seller violating in any way any of the requirements of this Appendix III, or (ii) defective cost or pricing data submitted by Seller, or any of Seller's subcontractors, or (iii) any other information or data required to be submitted to the Government pursuant to the requirements of this Order. Seller and all subcontractors shall comply with the flow-down provisions of this Appendix III as indicated, unless otherwise exempted by applicable rules, regulations, orders of the Secretary or implementations by the Contracting Officer.

3.1 DEFINITIONS
The following definitions apply to this Appendix III:

3.1.1

Except as otherwise defined, the incorporated terms "Contractor," "contractor" or "offeror" shall mean the Seller of this Order unless in such context the term can only refer to the Prime Contractor or Buyer.


3.1.2

Instructions or requirements for documentation, certification or other writing reasonably applicable to the Seller of this Order, shall be submitted by Seller to the Prime Contractor or Buyer, unless otherwise required by federal law or express provisions of this Order.


3.1.3

Except as otherwise defined, the incorporated term "Contract" or "contract" shall mean this Order between Seller and Buyer.


3.2 INCORPORATION OF CLAUSES BY REFERENCE
This Order is subject to the clauses contained in the Federal Acquisitions Regulations (FAR) and the Department of Defense Federal Acquisition Regulations Supplement (DOD FAR SUPP) that are deemed to be included and applicable, unless otherwise clearly indicated, as well as the following specifically identified provisions of the DOD FAR SUPP, in effect as of the date of execution of the prime contract under this Order, all of which are hereby incorporated by reference. FAR clauses are available on the internet at www.arnet.gov/far, and DOD FAR SUPP clauses are at www.acq.osd.mil/dpap/dars/dfars/index.htm. Except where it clearly appears from a reading of the FAR and DOD FAR SUPP that the Government has a particular and direct interest in this Order, Seller agrees to be and is bound thereby in the same manner as if Seller were the named "Contractor" therein and Buyer were named the "Government" or "Contracting Officer." The word "Subcontractor" means "Subcontractor or Seller." Buyer's on-site representative shall have the authority and ability to make decisions in accordance with Annex III only and any such decisions not made by the on-site representative in accordance with Annex III shall be null and void unless subsequently approved by Brian Seymour or then acting Life Cycle Program Manager at Buyer.

3.2.1

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR SOURCE:

TITLE & DATE

52.232-17

INTEREST (JUN 1996)

52.233-3

PROTEST AFTER AWARD (AUG 1996)

25.242-15

STOP-WORK ORDER (AUG 1989) AND ALTERNATE I (APR 1984) "Government" shall mean the "U.S. Government" only. Buyer shall not have the right to issue a stop-work order to Seller unless the U.S. Government has issued a stop work order to Buyer which directly affects the work being performed by Seller.

25.242-17

GOVERNMENT DELAY OF WORK (APR 1984)

52.244-5

COMPETITION IN SUBCONTRACTING (DEC 1996)

52.246-2

INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) "Government" shall mean the "U.S. Government" only and not include Buyer.

52.246-5

INSPECTION SERVICES – COST REIMBURSEMENT (APR 1984) "Government" shall mean the "U.S. Government" only and not include Buyer.

52.246-6

INSPECTION OF SERVICES – TIME-AND-MATERIAL AND LABOR HOUR (MAY 2001) "Government" shall mean the "U.S. Government" only and not include Buyer.

52.246-16

RESPONSBILITY FOR SUPPLIES (APR 1984)

52.246-25

LIMITATION OF LIABILITY − SERVICES (FEB 1997)

52.247-1

COMMERCIAL BILL OF LADING NOTATIONS (APR 1984)

52.247-29

F.O.B. ORIGIN (JUN 1988)

52.247-55

F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY (JUN 2003)

52.247-58

LOADING, BLOCKING AND BRACING OF FREIGHT CAR SHIPMENTS (APR 1984)

52.247-65

F.O.B. ORIGIN, PREPAID FREIGHT – SMALL PACKAGE SHIPMENTS (JAN 1991)

52.249-2

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (SEP 1996) (Applies if this contract equals or exceeds $100,000) "Government" means the "U.S. Government" and not Buyer.

 


3.2.2

DEFENSE FAR SUPPLEMENT (48 CFR CHAPTER 2) CLAUSES

DFARS SOURCE:

TITLE AND DATE

252.203-7001

PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE - CONTRACT RELATED FELONIES (DEC 2004)

252.204-7000

DISCLOSURES OF INFORMATION (DEC 1991)

252.209-7000

ACQUISITION FROM SUBCONTRACTORS SUBJECT TO THE ON-SITE INSPECTION UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995)

252.211-7000

ACQUISITION STREAMLINING (DEC 1991)

252.215-7000

PRICING ADJUSTMENTS (DEC 1991)

252.219-7003

SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (APR 1996)

252.225-7001

BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JUN 2005)

252.225-7004

REPORTING ON CONTRACT PERFORMANCE OUTSIDE THE U.S. (JUN 2005) (Applies if this contract exceeds $500,000)

252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2003)

252.225-7013

DUTY-FREE ENTRY (APR 2003)

252.225-7015

PREFERENCE FOR DOMESTIC HAND OR MEASURING TOOLS (JUN 2005)

252.225-7016

RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2005)

252.225-7019

RESTRICTION ON ACQUISITION OF FOREIGN ANCHOR AND MOORING CHAINS (JUN 2005)

252.225-7022

RESTRICTIONS ON ACQUISITION OF POLYACRYL-ONITRILE (PAN) BASED CARBON FIBER (JUN 2005)

252.225-7025

RESTRICTION ON ACQUISITION OF FORGINGS (JUN 2005)

252.225-7031

SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

252.226-7001

UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES − DOD CONTRACTS (SEP 2004)

252.227-7013

RIGHTS IN TECHNICAL DATA − NON-COMMERCIAL ITEMS (NOV 1995)

252.227-7014

RIGHTS IN NON-COMMERCIAL COMPUTER SOFTWARE AND NON-COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (JUN 1995)

252.227-7015

TECHNICAL DATA – COMMERCIAL ITEMS (NOV 1995)

252.227-7016

RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995)

252.227-7019

VALIDATION OF ASSERTED RESTRICTIONS−COMPUTER SOFTWARE (JUN 1995)

252.227-7027

DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)

252.227-7030

TECHNICAL DATA − WITHHOLDING OF PAYMENT (MAR 2000)

252.227-7036

DECLARATION OF TECHNICAL DATA CONFORMITY (JAN 1997)

252.227-7037

VALIDATION ON RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 1999)

252.231-7000

SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.235-7003

FREQUENCY AUTHORIZATION (DEC 1991)

252.243-7001

PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.244-7000

SUBCONTRACTING FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (MAR 2000)

252.245-7001

REPORTS OF GOVERNMENT PROPERTY (MAY 1994)

252.246-7000

MATERIAL INSEPCTION AND RECEIVING REPORT (MAR 2003)

252.246-7001

WARRANTY OF DATA (DEC 1991)

252.249-7002

NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION (DEC 1996)

 


3.3 GOVERNMENT-INDUSTRY DATA EXCHANGE

3.3.1

When required by Naval Sea Systems Command regulation 5252.227-9113 (AUG 1997), Seller shall participate in the appropriate interchange of the Government-Industry Data Exchange program (GIDEP) in accordance with NAVSEA S0300-BU-GYD-010 dated November 1994. Data entered is retained by the program and provided to qualified participants. Compliance with this requirement shall not relieve Seller from complying with any other requirement of the contract.


3.3.2

GIDEP materials, software and information are available without charge from:

GIDEP Operations Center
P.O. Box 8000
Corona, CA 91718-8000
Phone: (909)273-4677
Fax: (909)273-5200
Internet: http://www.gidep.corona.navy.mil


3.4 LOGISTIC SUPPORT REQUIREMENT

3.4.1

This clause applies whenever the contract specifications, by reference to a Military Specification or otherwise, specify repair parts or stock components (hereinafter called "repair parts") for a ship component or item of equipment.


3.4.2

With respect to ship components or equipments manufactured other than in the United States and Canada, Seller agrees that, in addition to any other data required by this contract, it will furnish under this contract sufficient data so that the repair parts can be reproduced in the United States or Canada unless the suppliers of the ship components or equipments shall have made arrangements satisfactory to Seller and approved by Buyer and Buyer's Contracting Officer for the manufacturing of repair parts in the United States or Canada. For the purpose of this clause, "sufficient data" shall mean detail drawings and other technical information sufficiently extensive in detail to show design, construction, dimensions, and operation or function, manufacturing methods or processes, treatment or chemical composition of materials, plant layout and tooling. All data shall be in the English language and according to the United States system of weights and measures, and drawings for components, assemblies, subassemblies and parts protected by U.S. patents shall contain a prominent notation to that effect fully identifying the patent or patents involved, and bearing the number of this contract.


3.4.3

In order to satisfy the requirements of paragraph (b), above, unless the supplier of the ship components or equipments shall have made arrangements, satisfactory to Buyer and approved by the Contracting Officer, for the manufacture of such repair parts in the United States or Canada, Seller shall include in all subcontracts for the purchase of ship components or equipments from foreign sources a clause, acceptable to the Contracting Officer, granting to the United States Government for a period of seven years, "Government Purpose Rights" (as defined in paragraph (a)(12) of the clause of this contract entitled "RIGHTS IN TECHNICAL DATA – NONCOMMERCIAL ITEMS" (DFARS 252.227-70l3) in all technical data necessary to manufacture spare and repair parts for such components or equipments.


3.5 STANDARDIZATION
Subject to meeting the requirements of the specifications, to the extent that it is reasonably practical, feasible and cost effective, Seller shall utilize equipments and components identical to those of the previous LPD 17 SAN ANTONIO Class Ships. Where equipments or components are not reasonably available, Seller shall select hull, mechanical, and electrical components for approval by Buyer in the following order:

  1. Equipment that meets the requirements of the specifications and is identical to equipments and components of other amphibious ships.
  2. Equipment that meets the requirements of the specifications and appears in NAVSEA Standard Components List for Hull, Mechanical and Electrical Equipment, NAVSEA S-0300-A-PLL-00-O (standard equipment).
  3. Equipment that meets the requirements of the specifications.

To the greatest extent possible, Seller shall provide for the interchangeability of components within the propulsion machinery, mechanical and electrical auxiliaries, interior communications, weapons control and electronics equipment.

Among individual components, all similar parts, including on-board repair parts, shall be interchangeable without additional machining or selective assembly and with a minimum of hand fitting.

3.6 NOTIFICATION OF OWNERSHIP CHANGES • FAR 52.215-19 (OCT 1997)

  1. The Contractor shall make the following notifications in writing:
    1. When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, which could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Buyer within 30 days.
    2. The Contractor shall also notify the Buyer within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
  2. The Contractor shall (1) maintain current, accurate, and complete inventory records of assets and their costs; (2) provide the Buyer or designated representative ready access to the records upon request; (3) ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and (4) retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
  3. The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

3.7 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE III • FAR 52.234-1 (DEC 1994)

  1. Definitions.
    "Title III industrial resource" means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) established or maintained under the authority of Title III, Defense Production Act (50 U.S.C. App. 2091-2093).
    "Title III project contractor" means a contractor that has received assistance for the development or manufacture of an industrial resource under 50 U.S.C. App. 2091-2093, Defense Production Act.
  2. The Contractor shall refer any request from a Title III project contractor for testing and qualification of a Title III industrial resource to the Buyer.
  3. Upon the direction of the Buyer, the Contractor shall test Title III industrial resources for qualification. The Contractor shall provide the test results to the Defense Production Act Office, Title III Program, located at Wright Patterson Air Force Base, Ohio 45433-7739.
  4. When the Buyer modifies the contract to direct testing pursuant to this clause, the Government will provide the Title III industrial resource to be tested and will make an equitable adjustment in the contract for the costs of testing and qualification of the Title III industrial resource.
  5. The Contractor agrees to insert the substance of this clause, including paragraph (e), in every subcontract issued in performance of this contract.

3.8 SUBCONTRACTS FOR COMMERCIAL ITEMS • FAR 52.244-6 (DEC 2004)

  1. Definitions. As used in this clause—
    "Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
    "Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the ontractor or subcontractor at any tier.
  2. To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
    1. The Contractor shall insert the following clauses in subcontracts for commercial items:
      1. 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
      2. 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).
      3. 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212(a));
      4. 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
      5. 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).
      6. 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Apr 2003) (46 U.S.C. App. 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).
    2. While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
  3. The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

3.9 PREFERENCE FOR DOMESTIC SPECIALTY METALS

  1. Definitions. As used in this clause—
    1. "Qualifying country" means any country listed in subsection 225.872-1 of the Defense Federal Acquisition Regulation Supplement.
    2. "Specialty metals" means—
      1. Steel—
        1. With a maximum alloy content exceeding one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or
        2. Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium;
      2. Metal alloys consisting of nickel, iron-nickel, and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 10 percent;
      3. Titanium and titanium alloys; or
      4. Zirconium and zirconium base alloys.
  2. Any specialty metals incorporated in articles delivered under this contract shall be melted in the United States or its outlying areas.
  3. This clause does not apply to specialty metals melted in a qualifying country or incorporated in an article manufactured in a qualifying country.
  4. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts (including subcontracts for commercial items) for items containing specialty metals.

3.10 TRANSPORTATION OF SUPPLIES BY SEA • DFARS 252.247-7023 (MAY 2002)

  1. Definitions. As used in this clause—
    1. "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.
    2. "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
    3. "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.
    4. "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.
    5. "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.
    6. "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.
      1. An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.
      2. "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
    7. "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.
    1. The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
    2. A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—
      1. This contract is a construction contract; or
      2. The supplies being transported are—
        1. Noncommercial items; or
        2. Commercial items that—
          1. The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
          2. Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
          3. Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
  2. The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—
    1. U.S.-flag vessels are not available for timely shipment;
    2. The freight charges are inordinately excessive or unreasonable; or
    3. Freight charges are higher than charges to private persons for transportation of like goods.
  3. The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—
    1. Type, weight, and cube of cargo;
    2. Required shipping date;
    3. Special handling and discharge requirements;
    4. Loading and discharge points;
    5. Name of shipper and consignee;
    6. Prime contract number; and
    7. A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.
  4. The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:
    1. Prime contract number;
    2. Name of vessel;
    3. Vessel flag of registry;
    4. Date of loading;
    5. Port of loading;
    6. Port of final discharge;
    7. Description of commodity;
    8. Gross weight in pounds and cubic feet if available;
    9. Total ocean freight in U.S. dollars; and
    10. Name of steamship company.
  5. The Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—
    1. No ocean transportation was used in the performance of this contract;
    2. Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
    3. Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flag ocean transportation; or
    4. Ocean transportation was used and some or all of the shipments were made on non-U.S.-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

        ITEM DESCRIPTION CONTRACT LINE ITEMS QUANTITY
             
      TOTAL      
  6. If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.
  7. In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, the Contractor shall flow down the requirements of this clause as follows:
    1. The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.
    2. The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.

3.11 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA • DFARS 252.247-7024 (MAR 2000)

  1. If the Contractor learns that supplies, as defined in the Transportation of Supplies by Sea clause of this contract, will be transported by sea, the Contractor—
    1. Shall notify the Contracting Officer of that fact; and
    2. Hereby agrees to comply with all the terms and conditions of the Transportation of Supplies by Sea clause of this contract.
  2. The Contractor shall include this clause, including this paragraph (b), revised as necessary to reflect the relationship of the contracting parties—
    1. In all subcontracts under this contract, if this contract is a construction contract; or
    2. If this contract is not a construction contract, in all subcontracts under this contract that are for—
      1. Noncommercial items; or
      2. Commercial items that—
        1. The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
        2. Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
        3. Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

3.12 OZONE DEPLETING SUBSTANCES • FAR 52.223-11 (MAY 2001)

  1. Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-
    1. Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
    2. Class II, including, but not limited to, hydrochlorofluorocarbons.
  2. The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR part 82, Subpart E, as follows:

    Warning


    Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
    *The Contractor shall insert the name of the substance(s).

3.13 INSPECTION

3.13.1

All supplies (which term throughout this Clause includes without limitation raw materials, components, intermediate assemblies, and end products) shall be subject to inspection and test by the Government/Buyer, to the extent practicable at all times and places including the period of manufacture or construction, and in any event prior to final acceptance of vessels.


3.13.2

Supplies rejected prior to preliminary acceptance as not conforming to this Contract and any Contractor responsible defects discovered during the guaranty period shall, at the election of the Buyer be replaced or corrected either by the Buyer or by the Contractor. The Buyer will, whenever practicable, afford the Contractor an opportunity to examine the defective supplies before they are replaced or corrected. Supplies or lots of supplies which have been rejected or required to be corrected shall be removed, if permitted or required by the Buyer, or corrected in place by and at the expense of the Contractor promptly after notice, and shall not thereafter be tendered for acceptance unless the former rejection or requirement of correction is disclosed. All replacements or corrections made by the Contractor shall be accomplished at no increase in the total final price. If the Contractor fails either promptly to remove such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the Buyer either (i) may by contract or otherwise replace or correct such supplies, and equitably reduce the price of this Contract; or (ii) may terminate this Contract for default as provided in the clause of this Contract entitled "Default." Unless the Contractor corrects or replaces such supplies, within the required delivery schedule, the Buyer may require the delivery of such supplies, and equitably reduce any price of this Contract. Failure to agree to such equitable reduction shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Disputes."


3.13.3

The cost of any replacement or correction for which the Contractor is responsible shall be borne by the Contractor.


3.13.4

If any inspection or test is made by the Government/Buyer on the premises of the Contractor or a subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government/Buyer inspectors in the performance of their duties. If the Government/Buyer inspection or test is made at a point other than the premises of the Contractor or a subcontractor, it shall be at the expense of the Government/Buyer except as otherwise provided in the contract; provided that in case of rejection, the Government/Buyer shall not be liable for any reduction in value of samples used in connection with such inspection or test. All inspections and tests by the Government/Buyer shall be performed in such a manner as not to unduly delay the work. The Government/Buyer reserves the right to charge to the Contractor any additional cost of Government/Buyer inspection and test when supplies are not ready at the time such inspection and test is required by the contract or when reinspection or retest is necessitated by prior rejection. Failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies that are not in accordance with the contract requirements nor impose liability on the Government/Buyer therefor.


3.13.5

The inspection and test by the Government/Buyer of any supplies or lots thereof does not relieve the Contractor from any responsibility regarding defects or other failures to meet the contract requirements.


3.13.6

Records of all inspection work by the Contractor shall be kept complete and available to the Government/Buyer during the performance of this Contract and for such longer period as may be specified elsewhere in this Contract.


3.14 LIENS AND TITLE

3.14.1

Any and all partial payments made hereunder on account of the vessel and the materials and equipment therefor shall be secured, when made, by a lien in favor of the Government and/or Buyer upon such material and equipment on account of all payments so made, except to the extent that the Government or Buyer, by virtue of any other provision of this contract, or otherwise, shall have valid title to such material and equipment as against other creditors of Seller. If such property is not identified by marking or segregating, the Government/Buyer shall be deemed to have a lien upon a proportionate part of any mass of property with which such property is commingled. Any lien provided for by virtue of this clause is paramount to all other liens and is effective immediately upon the first payment, without filing, notice, or other action under the provisions of l0 U.S.C. Sec. 2307(f). Upon completion and delivery of the vessel, said lien shall be discharged as to any materials and equipment which have not been included in the vessel and which are no longer required therefor.


3.14.2

Seller shall immediately discharge or cause to be discharged any lien or rights in rem of any kind, other than in favor of the Government/Buyer, which at any time exists or arises with respect to the machinery fittings, equipment or materials for the vessel. If any such lien or right in rem is not immediately discharged, the Government/Buyer may discharge or cause to be discharged said lien or right in rem at the expense of Seller.


3.14.3

Title to the vessel under construction or repair shall be vested in the Government and title to all materials and equipment acquired for each vessel shall vest in the Government upon delivery thereof to the plant of Buyer or other place of storage selected by Buyer, whichever of said events shall first occur; provided, that the Supervisor may, by written direction, require that title shall vest in the Government upon delivery of such materials and equipment to the carrier for transportation to the plant of Buyer or other place of storage selected by Buyer. The amount of any freight charge transportation, taxes or other costs which would have been paid by Seller, either directly or as an element of any subcontract cost, and which Seller shall not be required to pay as a result of such earlier vesting of title and any use of Government bills of lading, shall be determined and treated as though resulting from a Change Order and the contract price reduced accordingly.


3.14.4

Upon completion of the contract, or at such earlier date as may be fixed by the Contracting Officer/Buyer, Seller shall submit, in a form acceptable to the Contracting Officer/Buyer, inventory schedules covering all items of property not consumed in the performance of this contract (including any resulting scrap) or not theretofore delivered to the Government/Buyer. Seller shall deliver or make such other disposal of such property as may be directed or authorized by the Contracting Officer/Buyer. The Contracting Officer/Buyer, in lieu of directing or authorizing delivery or disposal of such property, may authorize Seller to take title to all or any part of such property, except for materials and equipment which were furnished by the Government and except for models, mockups, plans and other items that Seller is expressly required to construct, prepare or furnish to the Government/Buyer (all of which shall remain the property of the Government/Buyer). In the event the Contracting Officer/Buyer authorizes Seller to take title to all or any part of such property, Seller shall credit the cost incurred in the performance of this contract by an amount equal to the fair market value of such property. In the event the Contracting Officer/Buyer directs or authorizes the deliver or disposal of such property, any costs incurred by Seller in delivering or disposing of such property shall be included in the total price.


NASSCO FORM Rev-0 October 5, 2012