PART 1217 - SPECIAL CONTRACTING METHODS
Authority: 5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304.
Source: 87 FR 61159, Oct. 7, 2022, unless otherwise noted.
Subpart 1217.70 - Fixed-Price Contracts for Vessel Repair, Alteration, or Conversion
Lay Days means time allowed to the master of a vessel for loading and unloading the same.
(a) The clause at 1252.217-70, Guarantee, shall be used where general guarantee provisions are deemed desirable by the contracting officer.
(1) When inspection and acceptance tests will afford full protection to the Government in ascertaining conformance to specifications and the absence of defects and deficiencies, no guarantee clause for that purpose shall be included in the contract.
(2) The customary guarantee period, to be inserted in the first sentence of the clause at 1252.217-70, Guarantee, is 60 days. In certain instances, it may be advisable for the contracting officer to include a contract clause for a guarantee period longer than 60 days. These instances are as follows -
(i) If, as a result of a full inquiry, the contracting officer determines that there will be no increased costs as a result of a longer guarantee period, the contracting officer may substitute guarantee longer than the usual 60 days; or
(ii) When the contracting officer's inquiry discloses that increased costs will result or are expected to result from a longer guarantee period, the contracting officer shall submit a letter to the Chief of the Contracting Office, requesting approval for use of guarantee period in excess of 60 days. The letter must contain sufficient facts to justify the use of a longer guarantee period. Upon approval, the contracting officer may insert a longer period in the first sentence of the clause at 1252.217-70, Guarantee.
(b) The contracting officer shall insert the following clauses in solicitations and contracts for vessel repair, alteration or conversion:
(1) 1252.217-71, Delivery and Shifting of Vessel.
(2) 1252.217-72, Performance.
(3) 1252.217-73, Inspection and Manner of Doing Work.
(4) 1252.217-74, Subcontracts.
(5) 1252.217-76, Liability and Insurance.
(6) 1252.217-77, Title.
(7) 1252.217-78, Discharge of Liens.
(8) 1252.217-79, Delays.
(9) 1252.217-80, Department of Labor Safety and Health Regulations for Ship Repair.
(c) The contracting officer may insert the clause at 1252.217-75, Lay Days, in sealed bid fixed-price solicitations and contracts for vessel repair, alteration, or conversion which are to be performed within the United States, the District of Columbia, and all territories and possessions of the United States. The contracting officer may also insert the clause at 1252.217-75, Lay Days, in negotiated solicitations and contracts to be performed outside the United States.