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| 1. CONTRACT ID CODE | PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT | L | 1 | 7
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2. AMENDMENT/MODIFICATION NO. | 3. EFFECTIVE DATE | 4. REQUISITION/PURCHASE REG. NO. 5. PROJ NO. (if applicable)
P00027 | SEE XXX 00X. | N0002496MR20706 0-0000-00000
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ISSUED BY CODE | N00024 | 7. ADMINISTERED BY (if other than Item 6) CODE | N63124
BUYER/SYMBOL: X. XXXXXX XXX 00000 XXXXXXX, Xxx Xxxxxxx
0000 XXXXXXXXX XXXXX XXX Xxxx. 16, Naval Support Activity
XXXXXXXXX, XX 00000-0000 Xxx Xxxxxxx, XX 00000-0000
PHONE: Area Code 703/000-0000 Ext 226
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8. NAME XXX XXXXXXX XX XXXXXXXXXX (Xx., xxxxxx, Xxxxx and ZIP Code) |----|9A. AMENDMENT OF SOLICITATION NO.
CEC NO: 60004899F | |
| |----------------------------------------
| |% DATED (SEE ITEM 11)
| |
Avondale Industries, Inc. |----|----------------------------------------
GRP Division | |10A. MODIFICATION OF CONTRACT/ORDER NO.
P.O. Box 2309 | X |
Xxxxxxxx, XX 00000 | | N00024-89-C-2162
| |-----------------------------------------
----------------------------------------------------------------------------------| |10B. DATED (SEE ITEM 13)
CAGE CODE ICC97 | FACILITY CODE | | 89OCT03
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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
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| The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers __
------ is extended, __ is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation as amended, by one of the
following methods: (a) By completing Items 8 and 15, and returning __ copies of the amendment; (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or telegram which incudes a reference to the solicitation
and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE
HOUR AND DATE SPECIFIED MAY RESULLT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already
submitted, such change may be made by telegram or letter; provided each telegram or letter makes reference to the solicitation and
this amendment, and is received prior to the opening hour and date specified.
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12. ACCOUNTING AND APPROPRIATION DATE (If required)
See Attached Financial Accounting Data Sheet
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13. THIS ITEM APPLIES ONLY TO MODIFICATINS AND CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
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| A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
------| ORDER NO. IN ITEM 10A.
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| B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMISTRATIVE CHANGES (such as changes in paying office,
| appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)
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| C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
X | Special Contract Requirement H-16 entitled Documentation of Request For Equitable Adjustment
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| D. OTHER (Specify type of modification and authority)
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E. IMPORTANT: Contractor ( ) is not, (X) is required to sign this document and return 2 copies to the issuing office.
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14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where
feasible.)
SEE ATTACHED
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains
unchanged and in full force and effect.
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15A. NAME AND TITLE OF SIGNER (Type or print) |16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
X.X. XXXXXXX, XX. | Xxxx Xxxxxxx
Chairman, President & Chief Executive Officer | Contracting Officer
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15B. CONTRACTOR/OFFEROR | 15C. DATE SIGNED | 16B. UNITED STATES OF AMERICA | 16C. DATE SIGNED
[SIGNATURE APPEARS HERE] | 12-28-95 | [SIGNATURE APPEARS HERE] |
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(Signature of person authorized to sign) (Signature of Contracting Officer) |
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NSN 7540-01-152-8070 STANDARD FORM 30 (REV 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by XXX
XXX (00 XXX) 53.243
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N00024-89-C-2162
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WHEREAS, Avondale Industries, Inc. (AII) (the Contractor) has submitted a
Request for Equitable Adjustable (REA) dated 15 November 1994 seeking price and
delivery schedule adjustments, damages, and/or other relief under and/or
relating to Contracts N00024-89-C-2162 (MHC 53) and N00024-90-C-2304 (MHC
54,56,57), as updated and supplemented by additional submissions and
representations at various times; and
WHEREAS, the Contractor has certified its REA and all supporting data in
accordance with the requirements of the Truth in Negotiations Act, 10 U.S.C.
2306a, Section (c)(1) of the Contract Disputes Act of 1978, 41 U.S.C.
605(c)(1), and P.L. 95-485, Section 813; and
WHEREAS, Modification A00198 established a maximum price increase for a period
of fourteen (14) days of proposed compensable delay based on a 50/50 sharing
of the costs of said delay resulting from FMR 204; and
WHEREAS, the Contractor has also asserted its entitlement to equitable
adjustments to the contract price(s) and/or delivery schedule(s) of Contracts
N00024-89-C-2162 and N00024-90-C-2304, to damages, and/or to other relief under
or relating to those contracts, in connection with: defects in Government
furnished test instrumentation used during MHC 54 Builder's trials; extension of
vendor warranties; lack of buffering on M/SCS signal outputs; calibration of
test equipment; EMI conductive paint; accepted mass properties estimates for
full load displacement and subcontractor delays, inter alia (see Attachment A
hereto); and
WHEREAS, the parties hereto desire to effect a full and final settlement of the
Contractor's entitlement to price adjustments, damages, and other relief from
the Government pursuant to its REA, and also to effect the full and final
settlement of any and all other actual and potential entitlement of the
Contractor to price and/or schedule adjustments, damages, and/or other relief
under and/or relating to Contracts N00024-89-C-2162 and N00024-90-C-2304, any
and all other Government contracts, and any and all contracts between the
Contractor and any third party, caused by Covered Events except as specifically
reserved below; and
WHEREAS, the parties have reached agreement as to an appropriate resolution of
all matters raised by the Contractor in its REA, and all other matters relating
to or in any manner connected with Contracts N00024-89-C-2162 and
N00024-90-C-2304, any other Government contract, or any contract between the
Contractor and any third party, which actually do or potentially could give
rise to Contractor entitlement against the Government to price and/or
N00024-89-C-2162
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Page 3 of 7
schedule adjustments, damages, and/orother relief under or in any connection
with this contract; and
WHEREAS, funds are not currently available for this modification; and
WHEREAS, the parties therefore acknowledge and agree that their rights and
obligations hereunder are contingent upon the availability of appropriated funds
from which payments for purposes of this modification can be made, and that no
legal liability on the part of the Government for any payment may arise until:
(a) funds are made available to the Contracting Officer for this modification;
and (b) the Contractor receives notice that such funds have been made available,
said notice to be provided by the Contracting Officer in writing.
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants
herein contained, the parties agree as follows:
1. The parties hereto have negotiated this modification on the basis that all
matters, which actually do or potentially could give rise to Contractor
entitlement to price and/or schedule adjustments, damages (including but not
limited to money and other damages for breach of contract), and/or relief, which
are known to or should have been known to the Contractor, whether or not
actually discussed by the parties, and whether or not included in any claim,
REA, or other request or demand, have been included and incorporated into this
agreement. This modification accounts for all price, schedule and other
adjustments, and for all damages and other relief, appropriate for all such
matters, except for those specifically reserved below in paragraph 3.d of this
modification.
2. As a result of this modification, the actual adjustment in target cost,
target price and ceiling price for CLIN 0001 for the fourteen days of delay
identified in Modification A00198 dated 14 September 1995 is as follows:
CLIN 0001 Target Cost: $0.00
Target Profit: $0.00
Target Price: $0.00
Ceiling Price: $0.00
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The contract is hereby modified as follows:
a. Under SECTION B: SUPPLIES OR SERVICES AND PRICES, the target costs, target
profits and target prices and ceiling prices are increased as follows:
CLIN 0001 Target Cost: $19,871,959
Target Profit: 0
Target Price: $19,871,959
Ceiling Price: $19,871,959
b. Under SECTION C: DESCRIPTION/SPECIFICATION/WORK STATEMENT, for CLIN 0001
and 0021 add the following paragraph:
As a result of this settlement the Contractor agrees to take all necessary and
appropriate actions to correct the MHC 53 Acceptance trial cards listed in
Attachment B screened for Contractor Action (KA) and identified to the
Contractor prior to 1 December 1995. The trial cards which are listed in
Attachment C to this modification are not included as part of this settlement.
Additionally, the Contractor agrees to promptly take all necessary actions to
comply with the contract requirements stated in the following Letters of
Direction:
(i) SUPSHIP New Orleans letter serial 421.4/08246 dated 22 Nov 95 Subj: LACK
OF BUFFERING ON M/SCS SIGNAL OUTPUTS
(ii) SUPSHIP New Orleans letter serial 421.4/07896 dated 6 Oct 94 Subj:
CALIBRATION OF TEST EQUIPMENT
c. Under SECTION F--DELIVERIES OR PERFORMANCE, the contract delivery date
for MHC 53 is 11 August 1995.
d. Under SECTION H--SPECIAL CONTRACT REQUIREMENTS, CLAUSE-57 entitled MASS
PROPERTIES CONTROL, paragraph (a) change the Full Load Displacement value from
885 metric tons to 907 metric tons.
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3. RELEASE
a. As used in this paragraph 3:
(1) "Events" refer to any contract modification, any Government breach, any
Government tort, any change order, any stop work order, any suspension of work,
any acceleration order, any Government action or omission pertaining to
Government property or information, and any other occurrence, action, or
omission (whether fortuitous or accidental, of or by the Government, contractor
or third party) to the extent included or depicted in the REA and/or REA
Supplements.
(2) "Covered Events" refer to "Events" occurring on or before the effective
date of this modification, whether formal or constructive, which were known or
should have been known by the Contractor on the effective date of this
modification, whether or not such events were discussed between the parties,
all of which events: (I) arise out of or under or are in any way related to this
contract and affect this contract, or (ii) arise out of or under or are in any
way related to this contract and affect any other contract between the
Contractor and the Government, or (iii) arise out of or under or are any way
related to any other contract between the Contractor and the Government or the
Contractor and any third party and affect this contract but only to the extent
of the effect on this contract.
(3) "Costs" includes, but is not limited to, any or all:
(i) direct performance (hardcore) and material costs;
(ii) indirect costs;
(iii) delay and disruption costs including local, cumulative, and any other
type;
(iv) overhead costs;
(v) costs associated with dislocation, accelerations, and inefficiencies in
performance;
(vi) interest costs and other consideration for financing;
(viii) costs for preparing proposals, claims, and requests for equitable
adjustments; and
(viii) subcontract costs.
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b. In consideration for the provisions of this modification, the Contractor,
for itself, its successors, assigns, vendors, suppliers, and subcontractors
hereby remises, releases, and forever discharges the Government, its officers,
agents, and employees from (i) any or all actual or potential entitlement of the
Contractor to an equitable adjustment of the price and/or delivery schedule of
this contract by reason of Covered Events, or the impact of Covered Events, (ii)
any or all actual or potential liabilities to the Contractor for money damages
and/or other relief for Covered Events or the impact of Covered Events upon this
contract, (iii) any and all actual or potential entitlement of the Contractor to
an equitable adjustment of the price and/or delivery schedule of any other
Government contract or any contract between the Contractor and any third party
by reason of Covered Events or the impact of Covered Events, and (iv) any and
all actual or potential liabilities to the Contractor for money damages and/or
other relief under or relating to any other Government contract or any contract
between the Contractor and any third party for Covered Events, or for the impact
of Covered Events, arising under or related to this contract. By this release,
the Contractor does not release claims under any other Government contract for
Covered Events solely arising under, or relating to, such other Government
contract to the extent they do not affect this contract.
c. The Contractor hereby confirms and acknowledges that in agreeing to the
terms of this modification, it is releasing all rights to any entitlement for
any and all costs under, and any and all impacts upon this contract or any other
contract by reason of Covered Events, whether or not such costs and impacts of
Covered Events are known or should have been known or should have been
foreseeable as of the effective date of this modification, whether or not such
costs and impacts of Covered Events have been discussed with, or for any reason
reserved for future discussion with the Government, or have been made the basis
for other assertions of claims or requests for equitable adjustment, whether or
not such costs or impacts of Covered Event were, or are, incurred and
sustained, respectively, before, on, or after the effective date of this
modification, and whether or not such costs and impacts of Covered Events are
caused directly by, indirectly by, cumulatively by, or in consequence of any of
the Covered Events.
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d. Except for the items listed in Attachment c and pending change orders, the
Contractor's release set forth in this provision is complete and final, no
rights are reserved under this modification and, in any event, any and all such
rights shall be deemed to have been waived without exception. Nothing set forth
herein shall in any way affect or operate to reserve any item covered by another
release executed by the Contractor either prior to, concurrent with, or
subsequent to the date of the execution of this modification nor shall anything
set forth herein in any way affect the operation of any statute, including but
not limited to 10 USC 2405.
4. The parties agree that the retentions against this contract shall be the
current amount plus one and one half percent (1.5%) of the amount increased as
result of this modification.
5. Nothing set forth herein shall in any manner affect or operate to reserve any
event or item covered by any other release executed by the Contractor prior to,
contemporaneous with, or subsequent to the effective date of this modification.
6. Funds are not currently available for this modification. The Government's
obligation under this modification is contingent upon the availability of
appropriated funds from which payments for purposes of this modification can be
made. No legal liability on the part of the Government for any payment may arise
until funds are made available to the Contracting Officer for this modification
and until the Contractor receives notice of such availability, to be provided by
the Contracting Officer in writing.
7. Except as modified herein all other terms and conditions of this contract
remain unchanged and in full force and effect.
N00024-89-C-2162
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ATTACHMENT "A"
1. Request for Equitable Adjustment dated 15 November 1994
2. Modification A00198 dated 14 September 1995
3. Avondale Letter serial MHC53/10692WDJ dated 27 Jun 94
Subj: Insurance Claim EMI COnductive Paint Casualty Loss
4. SUPSHIP New Orleans letter serial 421.4/08246 dated 22 Nov 95
Subj: LACK OF BUFFERING ON M/SCS SIGNAL OUTPUTS
5. SUPSHIP New Orleans letter serial 421.4/07896 dated 6 Oct 94
Subj: CALIBRATION OF TEST EQUIPMENT
6. Avondale subcontractor delay claims from General Marine Industries Inc.,
Jamestown Metal Inc. and Loral Defense Systems East
N00024-89-C-2162
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ATTACHMENT B
MHC 53 ACCEPTANCE TRIAL CARDS
1. 1 015 AX 01
2. 2 087 AX 01
3. 2 094 AX 01
4. 2 128 AX 01
5. 1 024 EL 01
6. 1 024 EL 02
7. 1 024 EL 03
8. 1 024 EL 04
9. 2 038 EL 01 *
10. 2 006 HB 02
11. 1 027 MP 01
12. 2 069 MP 01 *
13. 2 072 MP 01
* Based on approval of pending deviations
ATTACHMENT B
2 097 AX 01
2 098 AX 01
2 099 AX 01
2 101 AX 01
2 106 AX 01
2 027 CC 01
2 044 CC 01
2 044 CC 02
2 044 CC 03
2 044 CC 04
2 044 CC 05
1 024 DC 01
2 095 MP 01
2 126 MP 01
2 032 XX 00
0 000 XX 00
0 000 XX 00
THE PARTIES AGREE TO NEGOTIATE IN GOOD FAITH TO REACH AGREEMENT ON THE ABOVE
ITEMS WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF THIS MODIFICATION.
