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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules 2 If correction and repairs are performed by other than the Contractor, the Contracting Officer may discharge the Contractors liability by making an equitable deduction in the price of the contract.
e The Contractors liability shall extend for an additional 90-day guarantee period on those defects or deficiencies that the Contractor corrected.
f At the option of the Contracting Officer, defects and deficiencies may be left uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.
End of clause 1252.21771
Vessel.

Delivery and Shifting of
As prescribed at 1217.7001b, insert the following clause:
Delivery and Shifting of Vessel DATE
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 Contractors 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 Contractors 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 1252.21772

Performance.

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As prescribed at 1217.7001b, insert the following clause:
Performance DATE
a Upon the award of the contract, the Contractor shall promptly start the work specified and shall diligently prosecute the work to completion. The Contractor shall not start work until the contract has been awarded except in the case of emergency work ordered by the Contracting Officer in writing.
b The Government shall deliver the vessel described in the contract at the time and location specified in the contract. Upon completion of the work,
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the Government shall accept delivery of the vessel at the time and location specified in the contract.
c The Contractor shall without charge 1 Make available to personnel of the vessel while in dry dock or on a marine railway, sanitary lavatory and similar facilities at the plant acceptable to the Contracting Officer;
2 Supply and maintain suitable brows and gangways from the pier, dry dock, or marine railway to the vessel;
3 Treat salvage, scrap or other ships material of the Government resulting from performance of the work as items of Government-furnished property, in accordance with clause 52.2451, Government Property;
4 Perform, or pay the cost of, any repair, reconditioning or replacement made necessary as the result of the use by the Contractor of any of the vessels machinery, equipment or fittings, including, but not limited to, winches, pumps, rigging, or pipe lines; and 5 Furnish suitable offices, office equipment and telephones at or near the site of the work for the Governments use.
d The contract will state whether dock and sea trials are required to determine whether or not the Contractor has satisfactorily performed the work.
1 If dock and sea trials are required, the vessel shall be under the control of the vessels commander and crew.
2 The Contractor shall not conduct dock and sea trials not specified in the contract without advance approval of the Contracting Officer. Dock and sea trials not specified in the contract shall be at the Contractors expense and risk.
3 The Contractor shall provide and install all fittings and appliances necessary for dock and sea trials. The Contractor shall be responsible for care, installation, and removal of instruments and apparatus furnished by the Government for use in the trials.
End of clause 1252.21773 Inspection and Manner of Doing Work.

As prescribed at 1217.7001b, insert the following clause:
Inspection and Manner of Doing Work DATE
a The Contractor shall perform work in accordance with the contract, any drawings and specifications made a part of the job order, and any change or modification issued under the Changes clause.
b1 Except as provided in paragraph b2 of this clause, and unless otherwise specifically provided in the contract, all operational practices of the
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Contractor and all workmanship, material, equipment, and articles used in the performance of work under this contract shall be in accordance with the best commercial marine practices and the rules and requirements of all appropriate regulatory bodies including, but not limited to the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractors submission of offer, and shall be intended and approved for marine use.
2 When Navy specifications are specified in the contract, the Contractor shall follow Navy standards of material and workmanship. The solicitation shall prescribe the Navy standard whenever applicable.
c The Government may inspect and test all material and workmanship at any time during the Contractors performance of the work.
1 If, prior to delivery, the Government finds any material or workmanship is defective or not in accordance with the contract, in addition to its rights under the Guarantee clause, the Government may reject the defective or nonconforming material or workmanship and require the Contractor to correct or replace it at the Contractors expense.
2 If the Contractor fails to proceed promptly with the replacement or correction of the material or workmanship, the Government may replace or correct the defective or nonconforming material or workmanship and charge the Contractor the excess costs incurred.
3 As specified in the contract, the Contractor shall provide and maintain an inspection system acceptable to the Government.
4 The Contractor shall maintain complete records of all inspection work and shall make them available to the Government during performance of the contract and for 90 days after the completion of all work required.
d The Contractor shall not permit any welder to work on a vessel unless the welder is, at the time of the work, qualified to the standards established by the U.S. Coast Guard, American Bureau of Shipping, or Department of the Navy for the type of welding being performed.
Qualifications of a welder shall be as specified in the contract.
e The Contractor shall 1 Exercise reasonable care to protect the vessel from fire;
2 Maintain a reasonable system of inspection over activities taking place in the vicinity of the vessels magazines, fuel oil tanks, or storerooms containing flammable materials.

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