SOURCES SOUGHT
19 -- The U.S. Navy is seeking industry comments concerning the use of coating system warranties for tanks and voids on U.S. Navy vessels.
- Notice Date
- 6/9/2003
- Notice Type
- Sources Sought
- Contracting Office
- N62678 PO Box 215 Building 15, 2nd Floor Portsmouth, VA
- ZIP Code
- 00000
- Solicitation Number
- N6267803R0073
- Response Due
- 6/27/2003
- Archive Date
- 7/27/2003
- Point of Contact
- Mr. Dick Ydoyaga telephone: (757)396-4177 or emal: ydoyagarw@supship.navy.mil
- E-Mail Address
-
Email your questions to SUPSHIP Portsmouth Procurement Office email
(SPORCode410@SUPSHIP.NAVY.MIL)
- Description
- The U.S. Navy is seeking industry comments concerning the use of coating system warranties for tanks and voids on U.S. Navy vessels. You are asked to review the proposed warranty provided below and provide comment as to your ability to provide this warranty to the Government. The desired warranty period may be 3, 5, 7, 10 to 12 years. Your comments are also desired concerning the use of incentives vice warranties. In lieu of a warranty, the Government may choose to offer the contractor an incentive based on how long the coating system lasts. The incentive schedule would be based on dollar amounts, established in advance, which grow as the life of the coating system lengthens. Comments concerning both warranties and incentives are due no later than June 27, 2003 to SUPSHIP Portsmouth, P.O. Box 215, Portsmouth, Virginia 23705, Attn: Mr. Dick Ydoyaga. Questions/ responses may be addressed to the same at (757)396-4177 or ydoyagarw@supship.navy.mil U. S. NAVY TANK/VOID SPACES COATING SYSTEMS WARRANTY THIS COATING SYSTEM WARRANTY, Number: (referred to herein as the ?Warranty?) issued this day of, 20by (herein referred to as the ?Company), to (herein referred to as the ?Owner?). 1. Defnitions. As used in this Warranty: a. The term ?Vessel? hall mean the USS Navy ship TBD b. The term ?Tank(s)? shall mean the following specified Tank and/or Void space(s) coated with the Company?s products during the period to , 20 i. ii. iii. iv. v. c. The term ?Owner? shall mean the United States Navy and any officially designated representative specified below; it shall not refer to any successor or assignee thereof. i. ii. iii. d. The terms ?Coating System(s)? or ?System(s)? shall mean the marine coating system(s) comprised of the Company?s brand products, more specifically described in Appendix 1 attached hereto, applied to the Vessel. e. The term ?Commencement Date? shall mean the earliest of the following dates: i. The date the coatings work for the Tank(s) are delivered free of defects and accepted by the Navy?s designated Quality Assurance inspector; or ii. ?, 200?. f. The term ?Warranty Period? shall mean the ? month period commencing on the Commencement Date. g. The term ?Defective Areas? shall mean an area or areas aggregated exceeding 1% of the total coated area for each Tank where: i. the coating system has failed, leaving bare steel surface, as determined either by: a. visual, non-destructive inspections performed by a National Association of Corrosion Engineers (NACE) certified paint inspector; or b. A quantitative computer generated analysis utilizing an approved electro nic inspection device (such as the Navy?s Insertable Stalk Imaging System [ISIS] or the Remote Operated Paint Inspector [ROPI] systems] operating in conjunction with the Navy?s Corrosion Detection Algorithm (CDA) ii. OR areas where blistering has occurred to a severity greater than ASTM D714, Figure 2, Blister size No. 4, medium (as now defined in the 1991 Annual Book of the American society for Testing and Materials Standards, Section 6-Paints, Related Coatings and Aromatics). h. The term ?Specifications? shall mean the technical specifications more particularly described in the Preservation Process Instructions (Appendix 1), attached hereto. 2. Subject to the following terms, conditions, and limitations, the Company hereby warrants to the undersigned Owner that, during the applicable Warranty Period described in Section 1.e of the Warranty, the System(s) as applied to the Vessel in accordance with the Specifications and other provisions of this Warranty shall be free from those Defective Areas described in Section 1.g of this Warranty. This Warranty shall expire at the expiration of the Warranty Period and except with respect to claims already validly notified under this Warranty, the Company shall have no further obligations thereof. 3. Exclusion of other Warranties: EXCEPT AS SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SYSTEM(S), THE APPLICATIONS THEREOF, OR OTHERWISE, AND HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES RELATING TO THE SYSTEM(S). 4. Remedies. Subject to the terms, conditions, and limitations contained in this Warranty, the Company?s sole liability and the sole and exclusive remedy of the undersigned Owner with respect to or arising out of the System(s), or any defect, deterioration or failure thereof, shall be as follows: a. If within the Warranty Period a breach of this Warranty occurs, the Company shall provide, free of charge, a sufficient quantity of the System(s) necessary to recoat all Tanks of the Vessel with Damaged Areas exceeding the limits set in paragraph 1.g above, and will reimburse the Owner for the cost of their application, including staging, blasting and cleaning costs as may be necessary to recoat the impacted tank(s) in accordance with this Warranty. b. If the breach of this Warranty is due to a proven failure of the System(s) initially supplied, the Owner may require that the Tank(s) be recoated with a different Coating System; however, the replacement coating system must also be manufactured by the Company, or the Company shall have no liability under this Warranty for the cost to repaint the Tank(s) with the diffe rent system, and the Company?s remaining liability under this Warranty shall be limited to any Tank(s) listed in paragraph 1.b still coated with the original System(s). c. The Company?s entire liability under this Warranty shall be limited to the initial application costs, which were: i. Total System Material Costs: $ ii. Staging/Blasting/Cleaning/Application Costs: $ iii. Other Applicable Costs: $ iv. Total Costs: $ v. The Company?s total liability as a percentage of these Total Costs shall be 100% throughout the Warranty Period. 5. The Company?s liability under this warranty shall be in substitution for all other liability in connection with the System(s). The sole and exclusive remedy of the Owner, relating to or arising out of the System(s), shall be a claim for a breach of this Warranty and shall be expressly limited as set forth herein. In no event shall th e Company be liable, whether in express or implied warranty, contract, strict liability, tort, or otherwise, for any damages to any person, entity or property, whether direct, incidental, consequential or otherwise, and whether arising out of or with respect to the System(s), any defect, deterioration or failure thereof or otherwise, including without limitations, any lost profits, claims by third parties or the property owner?s costs, expenses or the like. 6. General Conditions: The Company shall not be liable for the performance of the System or any part thereof unless: a. The Preservation Process Instructions set out in Appendix 1 attached as part of this Warranty are followed; b. and c. Cleaning, washing and any other treatment procedures are compatible with the particular System(s) applied. 7. This Guarantee excludes and the Company shall have no obligations wi th respect to: a. Defects of or damage to the System resulting from causes beyond the control of the Company, including but not limited to structural defects or faulty design of the Vessel or any part thereof, defects in the substrate (whether latent or not), welding or other heating (cargo and/or passenger heating excluded), fairing, pollution, mechanical damage (by other than the Company?s personnel or equipment), improper cleaning, improper use, neglect, fire, explosion, radiation, collision, riot, civil commotion, wars (whether declared or not), vandalism or other malicious damage; b. Any indirect or consequential damage, losses and expenses including, but not limited to, demurrage, dry-docking costs, harbor dues, shipyard services other than expenses associated with repairs to Defective Areas; c. Deterioration of any part of the System caused by repair, modification o r installation work carried out on the Vessel after the Commencement Date; 8. Claims and Repairs a. The Owner shall notify the following representative of the Company of any claim by letter, facsimile or email transmission, giving the Warranty Number and Date, Tank number (or numbers) with Damage Areas, and brief details of the nature of the defects and the circumstances in which they were discovered, including the date of detection: i. Name: ii. Address: iii. Phone: iv. Fax: v. Email: Unless the Company receives this notice within ninety (90) days from the date of detection of the damage, all claims relating to this notice shall be automatically excluded and are invalid. b. If the Company wishes to inspect the Tank(s) upon which the claim is being made, the Owner shall make every effort to make the Vessel available for inspection at a convenient l ocation within ninety (90) days of receiving the Company?s request, barring limitations arising from issues of National Security or Deployment Schedules. i. In the event the Vessel cannot be made available within this time period, the Owner shall make every effort to provide sufficient documentation to support its claim under this Warranty. ii. The inaccessibility of the Vessel for inspection by the Company shall not be sufficient cause for the Company to render this claim null and void. c. The Company shall provide a copy of any inspection report it prepares following an inspection of the Vessel detailing the location and extent of any defects observed. However, if the owner wishes to make any claim under this Warranty it shall show that the Defective Areas were not caused by failure to comply with the conditions set out under Section 6 hereof and do not fall within the exclusions set out under Section 7 hereof. The Owner shall also provide appropriate evidence to the Company to support its claim. d. The Owner shall maintain appropriate records, and where there is a claim shall provide the Company with all available unclassified data showing the environment to which the coating system(s) involved have been exposed since the initial application(s), such as, but not limited to, service history, surface treating/washing/cleaning procedures used and other data needed to reconstruct the chronological service history of the Tank(s) involved. e. No acceptance of any claim by the Company shall be effective unless acceptance is communicated by the Company to the Owner in writing. f. Recoating under this Warranty may be carried out only after the Company has been consulted in writing by the Owner and the Company has in turn given its approval in wri ting. The choice of the contractor shall be made after consultation with the Company. g. The Company shall make every effort to ensure that the coatings materials required for repairs are available as soon as practicable at the place where the repairs are to be performed. The Owner will provide a minimum of two weeks notice to the Company detailing the planned date and location of the recoating. In the event the recoating must be conducted in repair yards outside the United States, the Owner will provide a minimum of one month?s notice. Any delay to this repair effort due to the failure of the Company to provide the materials when needed will result in additional damages being assessed at a rate of $? per day until the repairs can be effected under this Warranty. h. No liability regarding the performance of the System or any part thereof shall attach under this Warranty o r otherwise until the Company has received payment in full of all sums which are or may be due from the Owner to the Company for the supply and/or application of the System. 9. Indemnity The Owner agrees that it shall at all times during this Warranty Period hold harmless and indemnity the Company against all third party claims for loss, damage or expenses (including claims alleging personal injury or property damage) brought against the Company caused by the specific application of the System(s) onboard the Vessel covered by this Warranty, its application or repair, including reasonable attorney?s fees and court costs. This indemnity shall apply to all third party claims. 10. Other Conditions a. Unless otherwise agreed in writing, the Company?s Standard Terms and Conditions of Sale (Appendix 3) shall apply to the sale of the Coating System(s), provided that if t here is any conflict between the terms of this Warranty and the terms of the contract for sale of the System(s), the terms of this Warranty shall prevail. b. Headings in this Warranty are for reference only and are not intended to affect its interpretation. c. Any alterations to this Warranty must be in writing and signed by authorized representatives of the Owner and the Company. d. The Company?s liability under this Warranty shall be in substitution for all other liability in connection with the System(s), whether in contract, tort or otherwise. e. The Owner acknowledges that where any associated or affiliated company of the Company (?Affiliate?) has acted as an agent on behalf of the Company in connection with the System(s) or this Warranty, and the Owner has not relied on any representation or warranty of the Affiliate with respect to such System(s) or advice or assista nce or this Warranty, and the Owner releases such Affiliate from any and all such liability. The liability of this Company under this Warranty is in substitution for all other liability of the Company and/or its affiliates in connection with or relating to coatings products and/or advice and assistance supplied in respect to the Vessel, whether arising in contract, tort or otherwise. f. In the event that the Damaged Areas in any Tank of the Vessel exceed the limits set in paragraph 1.g, requiring that Tank to be recoated with the System under this Warranty, the Warranty period for that Tank shall be extended for an additional three (3) years from the date the repairs are completed and excepted by both the Company and the Owner. The Warranty Period for the remaining Tanks on the Vessel specified in paragraph 1.b above will remain as specified in paragraph 1.f. If repairs to d amaged areas under the limits set in paragraph 1.g are conducted; this Warranty shall not be extended beyond the initial Warranty Period defined in Paragraph 1.f. 11. Severability. Any provision of this Warranty which is held invalid or unenforceable in any jurisdiction shall be deemed deleted and such deletion shall not affect the validity or enforceability of the remaining provisions hereof, and nay such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. 12. Waiver. Any waiver or forbearance or failure of either party in insisting in any one or more instances upon compliance with any condition of the Warranty shall not be construed as a waiver or relinquishment of such condition and the Party?s obligation in respect of such future compliance shall continue in full force and effect. 13. Governing Laws. The laws and regulations of the United States of America shall govern this guarantee, and the parties hereto agree to submit to the exclusive jurisdiction of the Courts of the United States. 14. Documents Incorporated by Reference. The Parties hereto agree that Appendix 1, the Preservation Process instruction, Appendix 2, the Coating System(s), and Appendix3, the Standard Terms and Conditions of Sale are attached hereto and fully incorporated herein and made a part of this Warranty. Owner acknowledges that it has received a copy of all Appendices specified herein; that it has read and understands all Appendices; and that all appendices shall be fully applicable to this Warranty. The Parties agree that in the event of an inconsistency in this Warranty and the attached Appendices, this Warranty shall control and govern the rights and obligations of the parties hereto as it pertains to any such inconsistency between the documents.
- Web Link
-
Contracting Opportunities with SUPSHIP Portsmouth
(http://po7.repair.navy.mil/db-cgi/cgiwrap/solicit/synopsis.pl)
- Record
- SN00342979-W 20030611/030609213620 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)
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