[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR3017.9000]



[Page 81]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

     CHAPTER 30--DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY 

                      ACQUISITION REGULATION (HSAR)

 

PART 3017_SPECIAL CONTRACTING METHODS--Table of Contents

 

 Subpart 3017.90_Fixed Price Contracts for Vessel Repair, Alteration or 

                               Conversion

 

Sec. 3017.9000  Clauses (USCG).





    For the U.S. Coast Guard, the following clauses are to be used in 

specific solicitations and contracts:

    (a) The clauses in (HSAR) 48 CFR 3052.217-90 through (HSAR) 48 CFR 

3052.217-93 and (HSAR) 48 CFR 3052.217-95 through (HSAR) 48 CFR 

3052.217-99 shall be included and clause (HSAR) 48 CFR 3052.217-94 may 

be included in sealed bid fixed-price solicitations and contracts for 

vessel repair, alteration, or conversion which are to be performed 

within the United States, its possessions, or Puerto Rico. The 

contracting officer may, in whole or in part (such as after incidents), 

increase the dollar amounts in the clause at (HSAR) 48 CFR 3052.217-

95(b)(6) and (c)(1) consistent with contract size, inflation, and other 

circumstances.

    (b) Unless inappropriate, the clauses in (HSAR) 48 CFR 3052.217-90 

through (HSAR) 48 CFR 3052.217-93 and (HSAR) 48 CFR 3052.217-95 through 

(HSAR) 48 CFR 3052.217-99 should be included and (HSAR) 48 CFR 3052.217-

94 may be included in negotiated solicitations and contracts to be 

performed outside the United States. The contracting officer may, in 

whole or in part (such as after incidents), increase the dollar amounts 

in the clause at (HSAR) 48 CFR 3052.217-95(b)(6) and (c)(1) consistent 

with contract size, inflation, and other circumstances.

    (c) The clause at (HSAR) 48 CFR 3052.217-100, 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 (HSAR) 48 CFR 3052.217-100, Guarantee, is 60 

days. However, in certain instances, the contracting officer may desire 

to include a clause in a contract for a guarantee period of more than 60 

days. In such instances:

    (i) Where, after full inquiry, it has been determined that such 

longer guarantee period will not involve increased costs, a longer 

guarantee period may be substituted by the contracting officer for the 

usual 60 days; or

    (ii) Where the full inquiry discloses that such longer guarantee 

period will involve, or is reasonably expected to involve, increased 

costs, such facts and the reasons for the need for such longer period 

shall be set forth in letter form to the COCO, requesting approval for 

use of guarantee period in excess of 60 days. Upon approval, the longer 

period may be inserted by the contracting officer in the first sentence 

of the clause at (HSAR) 48 CFR 3052.217-100, Guarantee.



                          PART 3018 [RESERVED]



[[Page 83]]