As prescribed in 11.107-90 insert the following clause:
COMPLIANCE WITH COAST GUARD REQUIREMENTS (JUL 2008) - DLAD
(a) Items furnished under this solicitation/contract must be approved by the Coast Guard before delivery by the Government.
(b) OFFEROR CHECK ONE:
[ ] Product has Coast Guard approval. A copy of approval
is attached.
[ ] Product currently is being evaluated by the Coast Guard.
[ ] Product does not have Coast Guard approval.
(c) If the item does not have Coast Guard approval, the Contractor shall submit the following to the
Commandant, U.S. Coast Guard
1300 E. Street N.W.
Washington, DC 20591
for approval.
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(1) A preproduction sample.
(2) A copy of the specifications.
(3) Two (2) copies of the plans.
(4) Test records in accordance with the required Coast Guard standards.
(d) The preproduction sample and test reports shall be delivered to U.S. Coast Guard within 90 days after contract award. The contractor shall provide a copy of the letter forwarding the sample to the Coast Guard to the Contracting Officer at the address located in Block 6 of the award. The letter will also cite the contract number to which the sample is applicable.
(e) When Coast Guard approval is received, a copy of the approval and a copy of the test records citing the contract number shall be submitted to the Contracting Officer at the address located in Block 6 of the award. A notice of approval shall not relieve the Contractor from complying with applicable specifications(s) and all other terms and conditions of this contract.
(f) If the sample/test report is disapproved, the Government may terminate for default as stipulated in paragraph (g) below or the Contractor may be required, at the option of the Government, to have repeated any or all of the tests, and/or to deliver another sample as required by the Coast Guard, under the terms and conditions and within the time specified by the Government. After each requirement for additional tests, the Contractor shall, at no additional cost to the Government, make any required changes or modifications. All costs related to all tests to demonstrate compliance with Coast Guard standards shall be borne by the Contractor, including any and all costs for additional testing which may be required following disapproval of any sample/testing report.
(g) If the sample/test report is disapproved by the Coast Guard, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default Clause of this contract. Approval/disapproval typically takes place within 55 days of the submission of the sample/test report (45 days for Coast Guard evaluation plus 10 days administrative lead time).
(h) Prior to approval of the preproduction sample, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Prior to approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlement if the contract is terminated for the convenience of the Government.
(i) The Government reserves the right to waive the requirement for submission of a preproduction sample as stated in the specification upon satisfactory evidence that the Coast Guard previously has reviewed and accepted an identical item. However, previous Coast Guard acceptance of the item does not constitute waiver of any requirements set forth in the terms and conditions of this contract.
(j) If the item is already approved, the delivery Schedule for production quantity shall be reduced by the 145 days allotted for submission and acceptance of such samples. However, the earlier delivery Schedule(s) shall not be a factor in evaluation for award.
(End of Clause)
