Section H: Special Contract Requirements

Part I - The Schedule (Continued)
Section H - Special Contract Requirements

H.1 [Orig] PROHIBITION AGAINST USE OF FOREIGN SHIPYARDS

H.1.1. [Orig] In accordance with 14 U.S.C. 665, the boat, including major components of the hull or superstructure, required by the contract may not be constructed in a foreign shipyard.

H.2 [Orig] LIABILITY AND INSURANCE

H.2.1. [Orig] The Contractor shall exercise reasonable care and use their best efforts to prevent accidents, injury or damage to all employees, persons and property, in and about the work, and to the RB-M(s) or parts thereof upon which work is done. Notwithstanding this clause, the Government does not assume any risk with respect to, and will not pay for any costs of the Contractor for the inspection, repair, replacement, or renewal of any defects in the RB-M(s) or such systems, materials, and equipment for which the Contractor is responsible, in accordance with the clauses of the contract concerning quality assurance, warranty or inspection.

H.2.2. [Orig] The Contractor shall not, unless otherwise directed or approved in writing by the Contracting Officer, carry or incur the expense of any insurance against any form of loss or damage to the RB-M(s) or to the systems, materials, or equipment therefore to which the Government has title. The Government assumes the risks of loss of and damage to the RB-M(s) and such materials and equipment which would have been assumed by the underwriters if the Contractor had procured and maintained throughout the term of this contract, on behalf of itself and the Government, insurance with respect to the RB-M(s) and such systems, materials, and equipment for full value against pre keel and post keel laying risks which would have been customarily carried by the Contractor in the absence of the foregoing requirement that the Contractor not carry or incur the expense of insurance. 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 procure or maintain insurance, if available, as required or approved by the Contracting Officer; provided, further, that under this clause the Government does not assume any risk with respect to, and will not pay for any costs of the Contractor for the inspection, repair, replacement or renewal of any defects themselves in the RB-M(s) or systems, materials, or equipment performed by or furnished by the Contractor or its Subcontractors which do(es) not conform to the requirements of the contract, whether or not any such defect is latent or whether or not any such nonconformance is the result of negligence; provided, further, that under this clause the Government does not assume the risk of and will not pay for the costs of any loss, damage, liability or expense caused by, resulting from, or incurred as a consequence of delay or disruption of any type whatsoever; or willful misconduct or lack of good faith on the part of any of the Contractor's managers, superintendents or other equivalent representatives who have supervision or direction of (i) all or substantially all of the Contractor's business, (ii) all or substantially all of the Contractor's operation at any one plant or (iii) a separate and complete major industrial operation connected with the performance of this contract (Lack of good faith is presumed where management has been notified of any unsafe condition or practice contrary to the Fire, Flooding and Destructive Weather Plans, corrective action has been agreed to by management or directed by the contracting officer, corrective action is not taken after a reasonable time, and such unsafe condition or practice materially contributes to either the cause of the fire or the extent of the damage.); provided, however, that as to such risk assumed and borne by the Government, the Government shall be subrogated to any claim, demand or cause of action against third persons which exists in favor of the Contractor, and the Contractor shall, if required, execute a formal assignment or transfer of claims, demands or causes of action; provided, further, that nothing contained in this paragraph shall create or give rise to any right, privilege or power in any person except the Contractor, nor shall any person (except the Contractor) be or become entitled thereby to proceed directly against the Government, or join the Government as codefendant in any action against the Contractor's liability or for any other purpose. Notwithstanding the foregoing, the Contractor shall bear the first deductible of loss or damage for each occurrence or incident the risk of which the Government otherwise would have assumed under the provisions of this paragraph. This deductible is initially set at $30,000.00 and may vary from $10,000.00 to $50,000.00. For each month from approval of the Fire and Flooding Protection Plan that there is no loss in excess of the deductible, the deductible decreases by $5,000.00 until the floor of $10,000.00 is reached. Upon the occurrence of a loss in excess of the deductible, the deductible increases to $50,000.00 and remains at that amount until 3 months with no losses at which time the deductible may then begin to decrease $5,000.00 for each month without loss in excess of the deductible.

H.2.3. [Orig] The Contractor indemnifies and holds harmless the Government, its agencies and instrumentalities, against all suits, actions, claims, costs or demands, (including, without limitation, suits, actions, claims, costs or demands resulting from death, personal injury, and property damage) to which the Government, its agencies and instrumentalities, may be subject or put by reason of damage or injury (including death) to the property or person of any one other than the Government, its agencies, instrumentalities and personnel, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the Contractor, or any subcontractor, or their servants, agents or employees; provided, that the Contractor's obligation to indemnify under H.2.3 shall not exceed the sum of $500,000.00 on account of any one accident or occurrence in respect of any one RB-M. Such indemnity shall include, without limitation, suits, actions, claims, costs or demands of any kind whatsoever, resulting from death, personal injury or property damage occurring during the period of performance; and with respect to any such suits, actions, claims, costs, or demands resulting from death, personal injury or property damage occurring after the expiration of such period, the rights and liabilities of the Government and the Contractor shall be as determined by other provisions of this contract and by law; provided, however, that such indemnity shall apply to death occurring after such period which results from any personal injury received during the period covered by the Contractor's indemnity as provided herein.

H.2.4. [Orig] The Contractor shall procure, and thereafter maintain such casualty, accident and liability insurance, in such forms and amounts as may be approved by the Contracting Officer, insuring the performance of their obligations under H.2.3 above. Further, the Contractor shall procure and maintain in force Workmen's Compensation Insurance (or its equivalent) covering their employees engaged on the work and shall insure the procurement and maintenance of such insurance by all subcontractors engaged on the work. The Contractor shall provide such evidence of such insurance as may be, from time to time, as required by the Government. All such insurance which is or may be required or approved pursuant to this clause shall be in such form, in such amounts, for such periods of time, and with such insurers as the Contracting Officer may from time to time require or approve, provided the Contractor shall be named as an insured and shall be entitled to payment of any loss or damage as its interest may appear.

H.2.5. [Orig] No allowance shall be made to the Contractor in the contract price for the 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. The cost of the insurance required by H.2.4 above is included in the price and the cost of all other insurance, which may be required or approved pursuant to this clause will be considered allowable costs under this contract. If the Contracting Officer should require or approve the cancellation of any such insurance, the Contractor will promptly pay to the Government the amount of all unearned premiums refunded to the Contractor, but only to the extent that such premiums shall have been reimbursed to the Contractor by the Government or included in the contract price.

H.2.6. [Orig] As soon as practicable after the occurrence of any loss or damage the risk of which the Government has assumed, written notice of such loss or damage shall be given by the Contractor to the Contracting Officer. This notice shall contain full particulars of such loss or damage. If claim is made or suit is brought thereafter against the Contractor as a result or because of such event, the Contractor shall immediately deliver to the Government every demand, notice, summons or other process received by themselves or their 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; and the Government shall pay to the Contractor the expense, other than the cost of maintaining the Contractor's usual organization, incurred in so doing. The Contractor shall not, except at its own cost, voluntarily make any payment, assume any obligation, or incur any expense other than shall be imperative for the protection of the RB-M(s) at the time of said occurrence of such event.

H.2.7. [Orig] In the event of loss of or damage to any of the RB-Ms or any of the systems, materials, or equipment therefore which may result in a claim against the Government under the insurance provisions of this contract, the Contractor promptly shall notify the Contracting Officer of such loss or damages, and the Contracting Officer may, without prejudice to any other right of the Government:

H.2.7.1. [Orig] Either order the Contractor to proceed with replacement or repair in which event the Contractor shall effect such replacement or repair. The Contractor shall submit to the Contracting Officer a request for the cost of such replacement or repair together with such supporting documentation as the Contracting Officer may reasonably require, and shall identify such requests as being submitted under the "Insurance" Clause of this contract. If the Government determines that the risk of such loss or damages is within the scope of the risks assumed by the Government under this clause, the Government will reimburse the Contractor for the reasonable, allowable cost of such replacement or repair, plus a reasonable profit (if the work of replacement or repair was performed by the Contractor) less the deductible amount as specified in H.2.2 above. Payments by the Government to the Contractor under this Insurance clause are outside the scope and shall not affect the pricing structure of the contract, and are additional to the compensation otherwise payable to the Contractor under this contract

H.2.7.2. [Orig] Or, in the event the Contracting Officer decides that the loss or damage shall not be replaced or repaired,

H.2.7.2.1. [Orig] Either modify the contract appropriately consistent with the reduced requirements reflected by the un-replaced or un-repaired loss or damage,

H.2.7.2.2. [Orig] Or terminate under the FAR 52.249-2 "Termination for Convenience of the Government (Fixed Price)." incorporated in Section I.1 of this contract.

H.2.8. [Orig] Reserved.

H.3 [Orig] ACCESS TO CONTRACTOR’S FACILITY

H.3.1. [Orig] Officers, employees, and associates of other prime contractors with the Government and their subcontractors, shall, as authorized by the Contracting Officer, have at all reasonable times, admission to the Contractor’s facility, where and as required, and be permitted within the Contractor’s facility to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor’s facility, office space, work areas, storage or shop areas, or other facilities and services reasonable and necessary for the performance of the respective responsibilities involved.

H.3.2. [Orig] Reasonable access shall be provided to the Government to carry out its responsibilities under this contract.

H.4 [Orig] POST AWARD CONFERENCE

H.4.1. [Orig] The Contractor shall host a Post Award Conference (PAC), which the Contracting Officer will chair, at the production facility within 30 days following contract award. The conference is expected to be approximately three days in duration and cover topics provided by the Contracting Officer. The Contractor may recommend additional topics but, at a minimum, topics are expected to include:

H.4.1.1. [Orig] A Post Award Debriefing, if requested in accordance with FAR 15.506.

H.4.1.2. [Orig] An introduction of key personnel by both the Government and the Contractor.

H.4.1.3. [Orig] A presentation and discussion led by the Contractor concerning the Contractor’s Contract Work Breakdown Structure.

H.4.1.4. [Orig] A presentation and discussion led by the Contractor concerning the Contractor’s Integrated Master Plan and Integrated Master Schedule for the initial delivery order.

H.4.1.5. [Orig] An opportunity for the Government to conduct Earned Value and Integrated Baseline Review preparation training, as outlined in SOW Section 041-10.2.3.

H.4.1.6. [Orig] A presentation and discussion led by the Contractor concerning use of the IPDE for CDRL deliverables and file sharing. IPDE access and protection should be included in the discussion.

H.4.1.7. [Orig] A discussion of the delivery order for CLIN 1002, including potential break-out sessions for the subject matter experts on the following topics:

H.4.1.7.1. [Orig] A presentation and discussion led by the Contractor concerning the Contractor’s plan for Detailed Design Review.

H.4.1.7.2. [Orig] A presentation and discussion led by the Contractor concerning the Contractor’s plan for meeting the contract requirements for configuration management.

H.4.1.7.3. [Orig] A presentation and discussion led by the Contractor concern the Contractor’s plan for meeting the contract requirements for the Integrated Systems Model and the IT Integrator.

H.4.2. [Orig] The Contracting Officer will provide a list of attendees. Coast Guard representation will likely include the Contracting Officer, Project Manager, Project Sponsor’s Representative, Deputy Project Manager, Project Technical Manager, Project Logistician, Project Master Chief, and the Commanding Officer and senior staff of the Project Resident Office. Contractor personnel should include equivalent representation.

H.4.3. [Orig] The PAC is not a substitute for the Contractor’s full understanding of the work requirements at the time offers are submitted. Furthermore, it shall not preclude the Coast Guard from identifying errors, omissions, and inconsistencies during contract performance.

H.4.4. [Orig] The Contractor shall be responsible for meeting agenda and minutes in accordance with SOW Section 042-2.

H.5 [Orig] MAJOR SUBCONTRACTORS

H.5.1. [A00048] Major subcontractors, including the IT Integrator and any subcontractors performing a substantial portion of the effort, are essential to the work being performed under this contract. The major subcontractors listed below may not be changed without prior written consent from the Contracting Officer. The Contractor is responsible for providing justification for any change including any proposed substitute.

Kvichak Marine Industries

ITT Corporation

Gradient eLearning

H.6 [Orig] EARNED VALUE MANAGEMENT SYSTEM

H.6.1. [Orig] “Earned Value Management (EVM) as used in this clause, means a project management system used by the Contractor that effectively integrates the project technical scope of work with schedule and cost elements for optimum project planning and control. The qualities and operating characteristics of earned value management systems are described in American National Standards Institute (ANSI)/Electronic Industries Alliance (EIA) Standard-748- A-1998, Earned Value Management Systems, approved: May 19, 1998, Reaffirmed: August 28, 2002. A copy of the standard is available from Global Engineering Documents (1-800-854-7179).

H.6.2. [Orig] In the performance of this contract the Contractor shall use an earned value management system (EVMS) to manage the contract that –

H.6.2.1. [Orig] At the time of contract award has been recognized by the contracting officer or her/his authorized representative as compliant with the guidelines in ANSI/EIA Standard -748-A. If, at the time of award, the Contractor's EVMS has not been recognized by the Contracting Officer as complying with EVMS criteria, the Contractor shall apply the system to the contract and shall be prepared to demonstrate to the contracting officer that the EVMS complies with the EVMS criteria referenced in paragraph H.6.1 of this clause.

H.6.2.2. [Orig] Provides, in a format prescribed by the Statement of Work and Contract Data Requirement 041-006 on a monthly basis, or more often as negotiated by the contracting officer, the following project status information at WBS level specified in the Statement of Work and CDRL 041-006, with capability to report at any lower level at the request of the Contracting Officer:

H.6.2.2.1. [Orig] Budgeted (planned) cost for work scheduled (BCWS); = Planned Value

H.6.2.2.2. [Orig] Budgeted cost for work performed (BCWP); = Earned Value

H.6.2.2.3. [Orig] Actual cost of work performed (ACWP); = Actual Cost

H.6.2.2.4. [Orig] Estimate To Complete (ETC)

H.6.2.2.5. [Orig] Budget at completion (BAC)

H.6.2.2.6. [Orig] Estimate at completion (EAC)

H.6.2.2.7. [Orig] A performance curve graph plotting cumulative BCWS, BCWP, and ACWP on a monthly basis from inception of the contract, with BCWS plotted to completion and projecting the ACWP curve to the estimate at completion (EAC) value

H.6.3. [Orig] Reserved.

H.6.4. [Orig] The Government requires an integrated baseline review (IBR) in accordance with paragraph 041-10.2 of the Statement of Work.

H.6.5. [Orig] Contractor-proposed EVMS changes require notification of the contracting officer 30 days prior to implementation.

H.6.6. [Orig] The Contractor agrees to provide access to all pertinent records and data requested by the contracting officer or a duly authorized representative. Access is to permit Government surveillance to ensure that the EVMS conforms, and continues to conform, with the performance criteria referenced in paragraph H.6.1 of this clause.

H.6.7. [Orig] The Contractor shall enforce the requirements of paragraph 041-10 of Attachment 2 to Section J, the Statement of Work, on the subcontractors specified in section H.5, and allow an authorized representative of the Contracting Officer to perform surveillance and monitoring of EV performance.

H.7 [Orig] ENGINEERING CHANGE PROPOSAL (ECP) REQUIREMENT AND INITIATION

H.7.1. [Orig] General. As described in paragraph 068-2.3.2 of Attachment 1 to Section J, the Statement of Work, in addition to Engineering Change Proposals (ECP) that the Contractor may initiate and propose, and in addition to changes that the Contracting Officer may issue pursuant to the clause entitled "CHANGES --FIXED PRICE" FAR 52.243-1, (AUG 1987), incorporated at Section I.1, the Contracting Officer, for purposes of arriving at a decision as to whether to incorporate an engineering change in this contract, may from time to time and at any time, in writing, require the Contractor to prepare and submit an ECP with respect to an engineering change initiated and proposed by the Contracting Officer within the general scope of this contract; or to revise any previously submitted ECP, whether initiated by the Contractor or the Contracting Officer. Upon receipt of such written requirement, the Contractor shall prepare and submit an initial or revised ECP, in accordance with CDRL 068-005, within such time as the Contracting Officer may reasonably specify in view of the priority assigned to the ECP, or, if no time is specified, within the time specified in BLK12 of the CDRL, or such further time as the Contracting Officer may allow.

H.7.2. [Orig] "Firm Offer" and Contract Acceptance of ECPs. The Contractor's "Estimated Cost/Savings under Contract" for each ECP, whether submitted on the Contractor's own initiative or submitted in response to a requirement of the Contracting Officer as an initial or revised ECP, as provided in paragraph H.7.1, shall constitute an irrevocable proposal or offer for sixty (60) days from receipt of the ECP by the Government unless such period of time is extended by mutual agreement. During this period the Contracting Officer may:

H.7.2.1. [Orig] Accept such proposal or offer by mailing or otherwise presenting to the Contractor a modification of this contract for execution by the Contractor, which modification shall reflect the engineering change(s) contained in the ECP, the consequent changes in the delivery schedule, if any, and the Contractor's estimated net increase or decrease in contract price, and the Contractor agrees to execute such a modification within five (5) working days after receipt; or

H.7.2.2. [Orig] Conditionally accept such offer by mailing or otherwise presenting to the Contractor a bilateral modification of this contract, for execution by the Contractor, which modification shall be the same as in subparagraph H.7.2.1 immediately above, except that it shall set forth the Contractor's estimate as a ceiling or a maximum change in contract price in the case of net increase and as a floor or a minimum change in the contract price in the case of a net decrease, and except that it may set forth the Contractor's proposed change in delivery schedule, if any, as a maximum extension or a minimum advance as the case may be; and the Contractor agrees to execute such a modification within fifteen (15) working days after receipt, and in the event of such a modification, the parties shall promptly negotiate in good faith to arrive at an adjustment within 180 days after the issuance of the modification or upon completion of forty percent (40%) of the work to be performed by the modification, whichever occurs earlier, in the contract price and the delivery schedule, if involved; or

H.7.2.3. [Orig] Begin good faith negotiations leading to a bilateral modification of this contract which incorporates the engineering change(s) and such equitable adjustments as may be appropriate. In any event, the Contractor's estimate of net increase/decrease in the contract price or net cost of change, and the bilateral modification of this contract making the equitable adjustment, shall be conclusively presumed to include an amount or factor for any and all delays and disruptions that may result from incorporating in this contract the engineering change(s) whether initiated and proposed by the Contractor or by the Contracting Officer, priced out by the modification.

H.7.3. [Orig] Standard Form 1411 and Certificate. In addition to any submittal of an initial or revised ECP, the Contractor agrees to submit, on request of the Contracting Officer, a completed and signed Standard Form 1411 "Contract pricing Proposal (Change Orders)", in as many copies as the Contracting Officer may reasonably require and a signed "Certificate of Current Cost or pricing Data". Where Standard Form 1411 is required, and DD Form 1692 is used the ECP Number from Block 5d of DD Form 1692 shall be entered in the "Change Identification" Block of Standard Form 1411. The "Estimated Costs/Savings Under Contract" should agree with the total "Net Costs of Change" shown on Standard Form 1411, and the "Effect on Production Delivery", shall be restated under "Remarks" on Standard Form 1411.

H.7.4. [Orig] Equitable Adjustments for ECP Production. In the event that an engineering change resulting from an ECP is incorporated in this contract, the equitable adjustment in contract price shall include, if applicable, an amount on account of the cost of the engineering and other work of the Contractor in preparing or revising the ECP, or both. In the event that such engineering change is not incorporated in this contract, the engineering and other work of the Contractor in preparing or revising the ECP, or both, shall be processed as if ordered by the Contracting Officer under the clause of the Contract Clause entitled "CHANGES -- FIXED-PRICE" FAR 52.243-1, (AUG 1987), and the Contractor shall be entitled to an equitable adjustment in contract price on account of such work but shall not be entitled to any adjustment in the delivery schedule; provided, however, that no adjustment in contract price shall be made with respect to any ECP prepared and submitted by the Contractor which did not result from a requirement of the Contracting Officer or his/her representative designated by him/her in writing to initiate the Contractor's development of an ECP with respect to an engineering change proposed by the Government or revise an ECP previously prepared and submitted by the Contractor. Failure to agree to such equitable adjustment in contract price provided for in this paragraph (H.7.4) shall constitute a dispute concerning a question of fact within the meaning of the clause entitled "DISPUTES" at FAR 52.233-1 (JUL 2002) ALTERNATE I (DEC 1991), incorporated at Section I.1.

H.7.5. [Orig] Necessity for Contract Modification. Notwithstanding any approvals or other action respecting an ECP, no engineering change shall be effective unless and until a modification to this contract is executed as provided for in paragraph H.7.2.1, H.7.2.2, and H.7.2.3 or the Contracting Officer issues a modification to the contract pursuant to the clause of the Contract that is entitled "CHANGES - FIXED-PRICE" FAR 52.243-1, (AUG 1987), incorporated at Section I.1. Pending such a modification, the Contractor shall proceed diligently with contract performance without regard to the effect of any such proposed engineering change.

H.7.6. [Orig] Saving Provision. Nothing contained in this clause shall be construed as:

H.7.6.1. [Orig] Obligating the Government in any manner whatsoever to issue or approve any changes, deviations, or waivers which may be initiated or proposed by the Contractor, or any changes which may be initiated and proposed by the Contracting Officer as provided for in paragraph H.7.1, or

H.7.6.2. [Orig] Altering in any manner whatsoever the rights of either party under the Contract Clause entitled “CHANGES – FIXED–PRICE” FAR 52.243-1 (AUG 1987), incorporated at Section I.1.

H.8 [Orig] EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS

H.8.1. [Orig] Whenever the Contractor, after receipt of a change made pursuant to the Section I FAR clause 52.243-1, entitled "Changes Fixed Price", submits any claim for equitable adjustment, such claim shall include all types of adjustments in the total amounts to which the contract entitles the Contractor, including but not limited to adjustments arising out of delays or disruptions or both caused by such change.

H.8.2. [Orig] Further, the Contractor agrees (except as the parties may otherwise agree) that, if required by the Contracting Officer, he will execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental agreement setting forth the aforesaid equitable adjustment, and that such release shall discharge the Coast Guard, its officers, agents and employees, from any further claims including but not limited to further claims arising out of delays or disruptions or both, caused by the aforesaid change.

H.9 [Orig] DOCUMENTATION OF REQUEST FOR EQUITABLE ADJUSTMENT

H.9.1. [Orig] For the purpose of this clause, the term "change" includes:

H.9.1.1. [Orig] a change made pursuant to a written order designated as a "change order”,

H.9.1.2. [Orig] an engineering change proposed by the Government or the Contractor pursuant to other clauses of this contract, and

H.9.1.3. [Orig] any act or omission to act on the part of the Government in respect to which a request is made for equitable adjustment under FAR 52.243-1 CHANGES – FIXED-PRICE (AUG 1987) or any other article or clause of this contract.

H.9.2. [Orig] Whenever the Contractor requests or proposed an equitable adjustment of $25,000.00 or more per boat with respect to a change to a change made pursuant to a written order designated as a “change order” or with respect to a proposed engineering change and whenever the Contractor requests an equitable adjustment in any amount with respect to any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following information for each individual item or element of the request:

H.9.2.1. [Orig] A description of the work required by the contract before the change, which has been deleted by the change;

H.9.2.2. [Orig] A description of the work deleted by the change which already had been completed. The description is also to include a list of identifiable components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property is to be indicated. Separate descriptions are to be furnished for design and production work. Items of identifiable raw materials, 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;

H.9.2.3. [Orig] Description of work necessary to undo work already completed which has been deleted by the change;

H.9.2.4. [Orig] Description of work which is substituted or added by the change. A list of identifiable components and equipment (not bulk materials or items) involved, should be included. Separate descriptions are to be furnished for design work and productions work;

H.9.2.5. [Orig] Description of interference and inefficiencies in performing the change;

H.9.2.6. [Orig] Description of disruption attributable solely to the change; which description shall include the following information:

H.9.2.6.1. [Orig] Description of each identifiable element of disruption and how work has been, or may be, disrupted;

H.9.2.6.2. [Orig] The calendar period of time during which disruption occurred, or may occur;

H.9.2.6.3. [Orig] Area(s) of the Contractor's operations where disruption occurred, or may occur;

H.9.2.6.4. [Orig] Trade(s) or functions disrupted, with a breakdown of man hours and materials for each trade or function;

H.9.2.6.5. [Orig] Scheduling of trades before, during, and after the period of disruption insofar as such scheduling may relate to or be affected by the estimated disruption;

H.9.2.6.6. [Orig] Description of any measures taken to lessen the disruptive effect of the change;

H.9.2.7. [Orig] Delay in delivery attributable solely to the change;

H.9.2.8. [Orig] Other work or increased costs attributable to the change;

H.9.2.9. [Orig] Supplementing the foregoing, a narrative statement of the "causal" relationship between the alleged Government act or omission and the claimed consequences therefore, cross-referenced to the detailed information provided as required above;

H.9.2.10. [Orig] Each proposal submitted in accordance with the clause shall include a copy of the Contractor's boat's labor budget at the cost class level in effect as of the date the event began, the cost incurred at the cost level as of the same date, and the proposed effect of the change at the cost class level;

H.9.2.11. [Orig] It is recognized that individual claims for equitable adjustment may not include all of the factors listed in subparagraphs H.9.2.1 through H.9.2.10 above, or that the Contractor may not be reasonably able to furnish all of the factors listed in subparagraphs H.9.2.1 through H.9.2.10 above. Accordingly, the Contractor is only required to set forth in his proposal, information with respect to those factors which are relevant in the individual claims for equitable adjustment, or which he is reasonably able to furnish.

H.9.3. [Orig] In addition to any information required under paragraph H.9.2 each proposal submitted in support of a claim for equitable adjustment, under any clause of this contract, of $100,000 or more and shall contain a duly executed SF 1411 with respect to each individual claim item. The information furnished shall be in sufficient detail to permit the Contracting Officer to cross-reference the claimed increased costs, or delay in delivery, or both, as appropriate, as set forth in the SF 1411, with the information submitted pursuant to subparagraphs H.9.2.1 through H.9.2.10 hereof.

H.10 [Orig] DISPOSITION OF GOVERNMENT FURNISHED INFORMATION

H.10.1. [Orig] The Government Furnished Information (GFI) identified in Attachment 4 to Section J remains the property of the Government for the duration of the contract performance period. Disposition of the GFI will be determined by the Contracting Officer in conjunction with Final Settlement.

H.11 [Orig] FINAL SETTLEMENT

H.11.1. [Orig] The Contractor and each assignee under an assignment in effect at the time of final settlement shall execute and deliver at the time of and as a condition precedent to final payment, a release in form and substance satisfactory to and containing such exemptions as may be found appropriate by the Contracting Officer, discharging the Government, its officers, agents, and employees from liabilities, obligations, and claims arising under this contract. The Contracting Officer may authorize partial payments on account of any such balance to be made in advance of final settlement. If this contract shall have been terminated in whole or in part, any such release shall also contain a release of all claims against the Government arising out of or by virtue of such termination.

H.12 [Orig] INCORPORATION OF SECTION K BY REFERENCE

H.12.1. [Orig] In accordance with FAR 15.204-1(b), Part IV of the Uniform Contract Format shall not be physically included in the contract, but Section K, Representations, Certifications, and Other Statements of offerors (as completed by the Contractor) shall be deemed incorporated by reference into the contract.

H.13 [Orig] LIENS AND TITLE

H.13.1. [Orig] Any and all payments made hereunder on account of the boats and the materials and equipment therefore shall be secured, when made, by a lien in favor of the Government upon such material and equipment on account of all payments so made, except to the extent that the Government, 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 the Contractor. If such property is not identified by marking or segregating the Government 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. Upon completion and delivery of the boats, said lien shall be discharged as to any materials and equipment which have not been included in the boat and which are no longer required therefore.

H.13.2. [Orig] Title to the boats under construction shall be vested in the Government and title to all materials and equipment acquired for each boat shall vest in the Government upon delivery thereof to the plant of the Contractor, provided, that the Contracting Officer 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 the Contractor. The amount of any freight charges, transportation, taxes or other costs which would have been paid by the Contractor, either directly or as an element of any subcontract cost, and which the Contractor 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. Upon completion of the boats, or with the approval of the Contracting Officer at any time during the construction/conversion of the boats, all such materials and equipment which have not been included therein and which are agreed between the Contractor and the Contracting Officer to be no longer required therefore, except materials and equipment which were furnished by the Government or the cost of which has been reimbursed by the Government to the Contractor, shall become the property of the Contractor; provided, however, that models, mock-ups, plans and other items which the Contractor is expressly required to construct, prepare, or furnish shall remain the property of the Government. Upon completion of this contract, or at such earlier date as may be fixed by the Contracting Officer, the Contractor shall submit, in a form acceptable to the Contracting Officer, 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, the cost of which has been reimbursed by the Government to the Contractor apart from the fixed price. The Contractor shall deliver or make such other disposal of such property as may be directed or authorized by the Contracting Officer. Recoverable scrap from such property shall be reported in accordance with such procedure and in such form as the Contracting Officer may direct. The net proceeds of any such disposal shall be credited to the Government and shall be paid in such manner as the Contracting Officer may direct. For the purpose of this clause, "net proceeds" means actual amount collected from such sale of disposal less sales, collection fees and other reasonable related expenses. For the purposes of this clause and clause H.2 Liability and Insurance, "the plant of the Contractor" includes any facility where final assembly of the boat occurs, which may include a subcontractor site.

H.13.3. [Orig] The rights and remedies provided in this clause are in addition to and do not limit any rights and remedies provided to the Government by law or by any other clause of this contract.