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SUBPART 217.71--MASTER AGREEMENT FOR REPAIR AND ALTERATION OF VESSELS

(Revised May 12, 2006)

 

 



 217.7100 Scope of subpart.
 217.7101 Definitions.
 217.7102 General.
 217.7103 Master agreements and job orders.
 217.7103-1 Content and format of master agreements.
 217.7103-2 Period of agreement.
 217.7103-3 Solicitations for job orders.
 217.7103-4 Emergency work.
 217.7103-5 Repair costs not readily ascertainable.
 217.7103-6 Modification of master agreements.
 217.7104 Contract clauses.


217.7100  Scope of subpart.

This subpart contains acquisition policies and procedures for master agreements for repair and alteration of vessels.

 

217.7101  Definitions.

 

      (a)  “Master agreement for repair and alteration of vessels”—

 

              (1)  Is a written instrument of understanding, negotiated between a contracting activity and a contractor that—

 

                    (A)  Contains contract clauses, terms, and conditions applying to future contracts for repairs, alterations, and/or additions to vessels; and

 

                    (B)  Contemplates separate future contracts that will incorporate by reference or attachment the required and applicable clauses agreed upon in the master agreement.

 

              (2)  Is not a contract.

 

      (b)  “Job order”—

 

              (1)  Is a fixed price contract incorporating, by reference or attachment, a master agreement for repair and alteration of vessels;

 

              (2)  May include clauses pertaining to subjects not covered by the master agreement; but applicable to the job order being awarded; and

 

              (3)  Applies to a specific acquisition and sets forth the scope of work, price, delivery date, and other appropriate terms that apply to the particular job order.

 

217.7102  General.

 

      (a)  Activities shall enter into master agreements for repair and alteration of vessels with all prospective contractors located within the United States or its outlying areas, which—

 

              (1)  Request ship repair work; and

 

              (2)  Possess the organization and facilities to perform the work satisfactorily.  (Issuance of a master agreement does not indicate approval of the contractor's facility for any particular acquisition and is not an affirmative determination of responsibility under FAR Subpart 9.1 for any particular acquisition.)

 

      (b)  Activities may use master agreements in work with prospective contractors located outside the United States and its outlying areas.


      (c)  Activities may issue job orders under master agreements to effect repairs, alterations, and/or additions to vessels belonging to foreign governments.

 

              (1)  Contractors shall treat vessels of a foreign government as if they were vessels of the U.S. Government whenever requested to do so by the contracting officer.

 

              (2)  Identify the vessel and the foreign government in the solicitation and job order.

 

217.7103  Master agreements and job orders.

 

217.7103-1  Content and format of master agreements.

Follow the procedures at PGI 217.7103-1 (DFARS/PGI view) for preparation of master agreements.

 

217.7103-2  Period of agreement.

 

      (a)  Master agreements remain in effect until cancelled by either the contractor or the contracting officer.

 

      (b)  Master agreements can be cancelled by either the contractor or the contracting officer by giving 30 days written notice to the other.

 

      (c)  Cancellation of a master agreement does not affect the rights and liabilities under any job order existing at the time of cancellation.  The contractor must continue to perform all work covered by any job order issued before the effective date of cancellation of the master agreement.

 

217.7103-3  Solicitations for job orders.

 

      (a)  When a requirement arises within the United States or its outlying areas for the type of work covered by the master agreement, solicit offers from prospective contractors that—

 

              (1)  Previously executed a master agreement; or

 

              (2)  Have not previously executed a master agreement, but possess the necessary qualifications to perform the work and agree to execute a master agreement before award of a job order.

 

      (b)  Follow the procedures at PGI 217.7103-3 (DFARS/PGI view) when preparing solicitations for job orders.      

                           

217.7103-4  Emergency work.

 

      (a)  The contracting officer, without soliciting offers, may issue a written job order to a contractor that has previously executed a master agreement when—

 

              (i)  Delay in the performance of necessary repair work would endanger a vessel, its cargo or stores; or

 

              (ii)  Military necessity requires immediate work on a vessel.

 

      (b)  Follow the procedures at PGI 217.7103-4 (DFARS/PGI view) when processing this type of undefinitized contract action.

 

217.7103-5  Repair costs not readily ascertainable.

Follow the procedures at PGI 217.7103-5 (DFARS/PGI view) if the nature of any repairs is such that their extent and probable cost cannot be ascertained readily.

 

217.7103-6  Modification of master agreements.

 

      (a)  Review each master agreement at least annually before the anniversary of its effective date and revise it as necessary to conform to the requirements of the FAR and DFARS.  Statutory or other mandatory changes may require review and revision earlier than one year.

 

      (b)  A master agreement shall be changed only by modifying the master agreement itself.  It shall not be changed through a job order.

 

      (c)  A modification to a master agreement shall not affect job orders issued before the effective date of the modification.

 

217.7104  Contract clauses.

 

      (a)  Use the following clauses in solicitations for, and in, master agreements for repair and alteration of vessels:

 

              (1)  252.217-7003, Changes.

 

              (2)  252.217-7004, Job Orders and Compensation.

 

              (3)  252.217-7005, Inspection and Manner of Doing Work.

 

              (4)  252.217-7006, Title.

 

              (5)  252.217-7007, Payments.

 

              (6)  252.217-7008, Bonds.

 

              (7)  252.217-7009, Default.

 

              (8)  252.217-7010, Performance.

 

              (9)  252.217-7011, Access to Vessel.

 

              (10)  252.217-7012, Liability and Insurance.

 

              (11)  252.217-7013, Guarantees.

 

              (12)  252.217-7014, Discharge of Liens.

 

              (13)  252.217-7015, Safety and Health.

 

              (14)  252.217-7016, Plant Protection, as applicable.

 

      (b)(1)  Incorporate in solicitations for, and in, job orders, the clauses in the master agreement, and any other clauses on subjects not covered by the master agreement, but applicable to the job order to be awarded.

 

              (2)  Use the clause at 252.217-7016, Plant Protection, in job orders where performance is to occur at the contractor's facility.

 

 

 

 


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