AppE.pdf

25 Feb 19

APPENDIX E – ADDENDUM TO FAR 52.212-4

25 Feb 2019

As prescribed in 12.302 the following terms of 52.212-4, Contract Terms and

Conditions – Commercial Items (Jan 2017), are hereby tailored and are incorporated into the clause:

(a) Inspection/Acceptance.

1. Definition.

“Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

“Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

2. The Contractor shall provide and maintain an inspection system to maintain

FAA FAR Part 145 requirements covering the services or supplies under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as required by FAA and any other applicable federal regulations. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.

3. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

4. The Contractor shall grant access to contractor facilities to support inspection and acceptance of supplies and services as determined necessary by the Government. If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. In addition, the Contractor will provide access to facilities/information to support approval, negotiation and acceptance of over and above tasks.

5. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. If repair/replacement or re-performance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(A) Within a reasonable time after the defect was discovered or should have been discovered; and

(B) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(o) WARRANTY

(1) The prime contractor warrants that the work shall conform to the pertinent specification prescribed by the applicable aircraft/component manufacturer, and that manufactured components supplied hereunder shall be free from defects in material and workmanship. Additionally, prime contractor warrants all materials and services against defect, both latent and patent, which become apparent within twenty-four (24) months after completion of work hereunder; provided, however, that any work performed as warranty work shall have a warranty period on such work equal to the unexpired warranty period on the initially repaired item.

(2) This warranty is in addition to the warranty requirements detailed in FAR 52.212-

4, incorporated as part of this contract.

(w) INDEMNIFICATION OF GOVERNMENT ASSETS

(1) By written acceptance of this clause by the contractor and execution of this contract by the United States Government, the contractor hereby agrees to indemnify and hold harmless the US Government against any and all losses, claims, liabilities, and expenses, for aircraft costs and aircraft component costs logistically supported under this contract, which are in the possession, care, custody , or control of the contractor and/or its subcontractors to the extent such damage or loss is caused by the contractor's/subcontractors’ acts or omissions while on the contractor's premises or vendor/subcontractor premises.

Reimbursement of any damage to or loss of an aircraft will not exceed the replacement cost of that particular aircraft, including all modifications and improvements. Third party claims are excluded from this provision. Acts of God are expressly excluded unless provisions to cover these occurrences are covered by the Contractor's insurance policies.