Attachment 9 - Associate Contractor Agreement.pdf

ASSOCIATE CONTRACTOR AGREEMENT. After award, the Contractor shall enter into an

Associate Contractor Agreement, if applicable, with one or more other prime contractors with the Government who will be present and performing work on the vessel during the dry dock availability.

ASSOCIATE CONTRACTOR CLAUSE

(1) This clause is intended to ensure that there will be appropriate integration of work by the

USCG WMSL Cutter (See Section F - Performance for List of Cutters) associate contractors to maximize coordination and prevent delay or additional costs.

(2) The Firm Fixed-Price (FFP) for each Work Item in the Schedule of Prices for Services shall include all costs associated with the Prime Contractor executing each requirement stipulated in the Associate Contractor Agreement (“ACA”) as required by this clause, in support of this contract.

(3) For purposes of this clause, the Associate Contractor, known at this time as Rolls-Royce

Services America, Inc., is defined as:

(a) Prime Contractor, under 70Z08525RLREP0001.

(b) Additional contractors may be identified at a later date.

(4) The Associate Contractors shall work and maintain close liaison with each other. In order to assure accomplishment of this objective, the Associate Contractors shall enter into a written

ACA with each other.

(5) The ACA shall provide for a complete and unbiased exchange of scheduling information to include work locations. The following shall be included in the ACA:

(a) Identification of the information to be furnished between the Associate Contractors. This shall, at a minimum, include the schedule and locations of work to be performed.

(b) Services to be provided by one Associate Contractor to another [if applicable]

(c) The materials to be provided between the Associate Contractors during performance. [if applicable]

(d) In accordance with Specification General Requirements, the Prime Contractor shall hold a weekly progress meeting, and also daily production meetings.

(i) At the daily production meetings, Associate Contractors shall attend and participate to resolve any potential conflicts in the work schedule for that day, so as to minimize delay, disruption or overlapping work.

(ii) At the weekly progress meetings, the Associate Contractors shall provide an integrated and de-conflicted master planning document for review by the USCG COR. Associate Contractors shall meet together prior to the weekly progress meeting to develop this master planning document.

(iii) The Associate Contractors are responsible to resolve all planning conflicts. However, the

USCG COR reserves the right to serve as final decision authority when needed to ensure timely schedule completion and/or that Operational Commander’s priorities are met.

(e) The ACA may also address treatment of any proprietary or confidential information. [if applicable]

(6) Following execution by both Associate Contractors, the ACA may be made an attachment to this contract. The ACA is for information purposes only and shall not be subject to or governed by this contract. In the event of a conflict between the terms of this contract and terms of the

ACA, the terms of this contract shall control.

(7) Where the Associate Contractors fail to agree upon action to be taken in connection with their respective responsibilities, each of them shall promptly notify the COR responsible for their respective contract and furnish their recommendations for a solution. The Associate Contractors shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of their failure to:

(a) resolve ACAs disputes.

(b) promptly refer matters to the COR assigned to their respective contract.

(c) to implement any direction given by the COR assigned to their respective contract.