Terms and Conditions

MILITARY SHIP REPAIR PROGRAMS
PURCHASE ORDER
SPECIAL TERMS AND CONDITIONS
FOR THE USS MOBILE BAY (CG-53) SRA



Rev-0 March 2005

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PART A. SPECIAL TERMS AND CONDITIONS
The following provisions supplement the provisions contained in Part A of NASSCO Military Ship Repair Programs Purchase Order General Terms and Conditions.

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PART B. PERFORMANCE AT BUYER'S FACILITIES AND ON VESSELS
In the event that Seller, its employees, agents or suppliers (including delivery persons), enters any facility owned, leased or operated by Buyer, including any Vessel, Seller shall comply with the following additional terms and conditions.

The following provisions supplement the provisions contained in Part B of NASSCO Military Ship Repair Programs Purchase Order General Terms and Conditions.

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PART C: PRIME CONTRACT CLAUSES
The following clauses are flowed down pursuant to the requirements of the Prime Contract.

  1. EXCLUSION OF MERCURY (NAVSEA) (MAY 1998)
    Mercury or mercury-containing compounds shall not intentionally be added to or come in direct contact with hardware or supplies furnished under this Contract.
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  2. GOVERNMENT SURPLUS PROPERTY (NAVSEA) (SEP 1990)
    No former Government surplus property or residual inventory resulting from terminated Government contracts shall be furnished under this Contract unless such property is expressly approved in writing by Buyer. Notwithstanding any such approval, all Contract Products and their materials and components shall comply with the Specifications.
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  3. NON SMOKING POLICY (JAN 2005)
    In light of the Navy’s policy regarding smoke-free facilities, the entire vessel. Topside and below decks, is to be considered a “No Smoking Area” unless otherwise indicated by shipboard policy.
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  4. QUALIFICATIONS OF CONTRACTOR NONDESTRUCTIVE TESTING (NDT) PERSONNEL (NAVSEA) (APR2004)
    1. Seller and any Nondestructive Testing (NDT) subcontractor shall utilize for the performance of required NDT, only Level I, II and III personnel currently certified inn accordance with NAVSEA Technical Publication T9074-AS-GIB-010/271, ACN Notice 1 of 16 February 1999. Documentation pertaining to the qualification and certification of NDT personnel shall be made available to Buyer for review upon request.
    2. These requirements do not apply with respect to nuclear propulsion plant systems and other matters under the technical cognizance of NAVSEA (SEA 08). Because of health and safety considerations, such matters will continue to be handled by NAVSEA (SEA 08).Welders shall carry their welding certifications with them at all times.
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  5. TRAVEL COSTS (NAVSEA) (MAR 2001)
    1. Seller shall not charge, and Buyer shall not pay, as an allowable cost under this Contract, any man-hour costs (whether straight-time or overtime) for seller personnel or Seller’s subcontractor personnel traveling to or from work sites, including travel to work sites other than Seller’s facility for performance of this Contract.
    2. Workers being paid under this Contract, as Seller personnel or Seller’s subcontractor personnel, shall complete a full shift at the worksite, and no compensation will be paid for travel time before or after the shift.
    3. This requirement pertains only to payments for travel time before and after these workers’ regular shifts and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable. This requirement does not apply to manufacturer’s representatives of Original Equipment Manufacturer (OEM) representatives when specifically required by Buyer or Government work specifications.
    4.  
      1. Additionally, Seller shall not charge, and Buyer shall not pay, any transportation costs under this Contract associated with transporting Seller or Seller’s subcontractor personnel between Seller’s facility (or Seller’s subcontractor’s facility) and any other work site to perform scheduled ship availability or inter-availability work. Transportation costs include, but are not limited to, bus fare, carfare, train fare, or boat fare, paid by the work force or paid by Seller on behalf of the work force.
      2. Paragraph (d)(1) does not preclude payments to Seller for allowable transportation costs incurred, such as those for bus and driver, to transport workers to a Government facility or other directed Government work site for performance of scheduled ship availability or inter-availability work. Transportation costs incurred in the replacement of personnel when such replacement is accomplished for Seller’s or employee’s convenience shall not be reimbursed by Buyer.
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  6. USE OF BLACK OXIDE COATED THREADED FASTENERS (BOCTFs) (JAN 2005)
    Due to safety concerns, use of BOCTFs is not authorized when installing or replacing threaded fasteners in the accomplishment of any work required by any work item in this Contract.

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PART D: INCORPORATED FAR AND DFARS CLAUSES
The following clauses are flowed down pursuant to the requirements of the Prime Contract.

The following clauses of the FAR and DFARS are hereby incorporated into this Contract by reference as if given in full text, subject to the following definitions. The full text of FAR and DFARS clauses may be accessed electronically at the following internet websites:

FAR http://www.arnet.gov/far
DFARS http://www.acq.osd.mil/dpap/dars/dfars/index.htm
  1. DEFINITIONS
    The following terms will have the meanings indicated in each of the following FAR and DFARS clauses, unless the context indicates otherwise:
    1. "Contract" means this Contract
    2. "Contractor" means Seller
    3. "Contracting Officer" means Buyer
    4. "Government" means Buyer
    5. "Subcontractor" means Seller's subcontractors
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  2. DFARS CLAUSES
    252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (DEC 2004)

    252.209-7004 Subcontracting with Firms that Are Owned or Controlled by the Government of a Terrorist Country (MAR 1998)

    252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DOD Contracts) (APR 1996)

    252.223-7001 Hazardous Warning Labels (DEC 1991)

    252.223-7004 Drug-Free Work Force (SEP 1988)

    252.225-7001 Buy American Act and Balance of Payments Program (APR 2003)

    252.225-7002 Qualifying Country Sources as Subcontractors (APR 2003)

    252.225-7012 Preference for Certain Domestic Commodities (JUN 2004)

    252.225-7014 Preference for Domestic Specialty Metals (APR 2003) and Alternate I (APR 2003)

    252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004)

    252.227-7013 Rights in Technical Data—Noncommercial Items (NOV 1995)

    252.227-7030 Technical Data--Withholding of Payment (MAR 2000)

    252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999)

    252.231-7000 Supplemental Cost Principles (DEC 1991)

    252.243-7002 Requests for Equitable Adjustment (MAR 1998)

    252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (MAR 2000)

    252.246-7001 Warranty of Data (DEC 1991)

    252.247-7023 Transportation of Supplies by Sea (MAY 2002)

    252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)
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  3. FAR Clauses
    52.202-1 Definitions (JUL 2004)

    52.203-3 Gratuities (APR 1984)

    52.203-5 Covenant Against Contingent Fees (APR 1984)

    52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995)

    52.203-7 Anti-Kickback Procedures (JUL 1995)

    52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

    52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

    52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2003)

    52.204-2 Security Requirements (AUG 1996)

    52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (JAN 2005)

    52.211-15 Defense Priority and Allocation Requirements (SEP 1990)

    52.215-2 Audit and Records—Negotiation (JUN 1999)

    52.215-8 Order of precedence—Uniform Contract Format (OCT 1997)

    52.215-14 Integrity of Unit Prices (OCT 1997)

    52.219-8 Utilization of Small Business Concerns (MAY 2004)

    52.219-9 Small Business Subcontracting Plan (JAN 2002)

    52.219-16 Liquidated Damages—Subcontracting Plan (JAN 1999)

    52.222-1 Notice to the Government of Labor Disputes (FEB 1997)

    52.222-21 Prohibition of Segregated Facilities (FEB 1999)

    52.222-26 Equal Opportunity (APR 2002)

    52.222-35 Equal Opportunity for Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001)

    52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

    52.222-37 Employment Reports on Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001)

    52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or fees (DEC 2004)

    52.223-3 Hazardous Material Identification and Material Safety data (JAN 1997)

    52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

    52.223-6 Drug-Free Workplace (MAY 2001)

    52.223-14 Toxic Chemical Release Reporting (AUG 2003)

    52.225-13 Restrictions on Certain Foreign Purchases (DEC 2003)

    52.227-1 Authorization and Consent (JUL 1995)

    52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996)

    52.230-2 Cost Accounting Standards (APR 1998)

    52.230-6 Administration of Cost Accounting Standards (NOV 1999)

    52.232-17 Interest (JUN 1996)

    52.232-23 Assignment of Claims (JAN 1986) and Alternate I (APR 1984)

    52.242-3 Penalties for Unallowable Costs (MAY 2001)

    52.242-15 Stop-Work Order (AUG 1989) and Alternate I (APR 1984)

    52.243-6 Change Order Accounting (APR 1984)

    52.244-5 Competition in Subcontracting (DEC 1996)

    52.244-6 Subcontracts for Commercial Items (DEC 2004)

    52.245-2 Government Property (Fixed-Price Contracts) (DEC 1989)

    52.248-1 Value Engineering (FEB 2000)

    52.249-6 Termination (Cost-Reimbursement) (MAY 2004)

    52.251-1 Government Supply Sources (APR 1984)
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PART E: ATTACHMENTS
The following attachments supplement the attachments incorporated by Part C of NASSCO Military Ship Repair Programs Purchase Order General Terms and Conditions.

The following attachment is incorporated into this Contract as if given in full text:

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NASSCO FORM TCR-MIL-SPEC-MOBILEBAY
Rev-0 March 2005

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