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lotter on DSK11XQN23PROD with PROPOSALS3

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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
3 Maintain a reasonable number of hose lines ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractors pier or in dry dock or on a marine railway;
4 Unless otherwise provided in the contract, provide sufficient security patrols to reasonably maintain a fire watch for protection of the vessel when it is in the Contractors custody;
5 To the extent necessary, clean, wash, and steam out or otherwise make safe, all tanks under alteration or repair.
6 Furnish the Contracting Officer a gas-free or safe-for-hotwork certificate before any hot work is done on a tank;
7 Treat the contents of any tank as Government property in accordance with the clause 52.2451, Government Property; and 8 Dispose of the contents of any tank only at the direction, or with the concurrence, of the Contracting Officer.
9 Be responsible for the proper closing of all openings to the vessels underwater structure upon which work has been performed. The Contractor additionally must advise the COR of the status of all valves closures and openings for which the Contractors workers were responsible.
f Except as otherwise provided in the contract, when the vessel is in the custody of the Contractor or in dry dock or on a marine railway and the temperature is expected to go as low as 35 Fahrenheit, the Contractor shall take all necessary steps to 1 Keep all hose pipe lines, fixtures, traps, tanks, and other receptacles on the vessel from freezing; and 2 Protect the stern tube and propeller hubs from frost damage.
g The Contractor shall, whenever practicable 1 Perform the required work in a manner that will not interfere with the berthing and messing of Government personnel attached to the vessel; and 2 Provide Government personnel attached to the vessel access to the vessel at all times.
h Government personnel attached to the vessel shall not interfere with the Contractors work or workers.
i1 The Government does not guarantee the correctness of the dimensions, sizes, and shapes set forth in any contract, sketches, drawings, plans, or specifications prepared or furnished by the Government, unless the contract requires that the Contractor perform the work prior to any opportunity to inspect.
2 Except as stated in paragraph i1
of this clause, and other than those parts furnished by the Government, and the
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Contractor shall be responsible for the correctness of the dimensions, sizes, and shapes of parts furnished under this contract.
j The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees or the work. At the completion of the work, unless the contract specifies otherwise, the Contractor shall remove all rubbish from the site of the work and leave the immediate vicinity of the work area broom clean.
End of clause 1252.21774

Subcontracts.

As prescribed at 1217.7001b, insert the following clause:
Subcontracts DATE
a Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.
b The Contractor shall be responsible to the Government for acts and omissions of its own employees, and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and material men.
c The Contractor shall, without additional expense to the Government, employ specialty subcontractors where required by the specifications.
d The Government or its representatives will not undertake to settle any differences between the Contractor and its subcontractors, or any differences between subcontractors.
End of clause 1252.21775

Lay Days.

As prescribed at 1217.7001c, insert the following clause:
Lay Days DATE
a Lay day time will be paid by the Government at the Contractors stipulated bid price for this item of the contract when the vessel remains on the dry dock or marine railway as a result of any change that involves work in addition to that required under the basic contract.
b No lay day time shall be paid until all 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 and accepted.

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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, direct and indirect, to reimburse the Contractor for use of dry dock or marine railway.
End of clause 1252.21776

Liability and Insurance.

As prescribed at 1217.7001b, insert the following clause:
Liability and Insurance DATE
a The Contractor shall exercise its best efforts to prevent accidents, injury, or damage to all employees, persons, and property, in and about the work, and to the vessel or part of the vessel upon which work is done.
b Loss or damage to the vessel, materials, or equipment. 1 Unless otherwise directed or approved in writing by the Contracting Officer, the Contractor shall not carry insurance against any form of loss or damage to the vessels or to the materials or equipment to which the Government has title or which have been furnished by the Government for installation by the Contractor. The Government assumes the risks of loss of and damage to that property.
2 The Government does not assume any risk with respect to loss or damage compensated for by insurance or otherwise or resulting from risks with respect to which the Contractor has failed to maintain insurance, if available, as required or approved by the Contracting Officer.
3 The Government does not assume risk of and will not pay for any costs of the following:
i Inspection, repair, replacement, or renewal of any defects in the vessels or material and equipment due to A Defective workmanship performed by the Contractor or its subcontractors;
B Defective materials or equipment furnished by the Contractor or its subcontractors; or C Workmanship, materials, or equipment which do not conform to the requirements of the contract, whether or not the defect is latent or whether or not the nonconformance is the result of negligence.
ii Loss, damage, liability, or expense caused by, resulting from, or incurred as a consequence of any delay or disruption, willful misconduct or lack of good faith by the Contractor or any of its representatives that have supervision or direction of
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