MONITORING OF CONSTRUCTION. The Contractor shall measure the success of the OPV Programme against the Contract KPIs. The OPVs shall be constructed in accordance with the Contractor’s internal processes as are in force from time to time. This will include the production by the Contractor of a Requirements and Acceptance Database ("RADb") and a Vessel Acceptance Matrix ("VAM"). The Contractor shall provide copies of the RADb and the VAM to the Authority on the Shared Data Environment. The Authority may attend and witness such events required by the Contractor’s internal process as it wishes such as design reviews, installation inspections, compartment completion inspections, factory inspection, tests of equipment that is acquired by the Contractor for use on the OPV Programme and Engineering Trials. The Authority may also inspect any part of the OPVs as they are constructed and set to work and raise such observations as it may choose. The Contractor shall pay due regard to any such observations made by the Authority. The Contractor shall produce the following categories of documents as part of its internal processes: Test forms; Basin / Harbour Trial Reports; and Sea Trial Reports. Each of these documents may record Defects and other observations for mitigation at a later stage in the OPV Programme including as part of the D3B process. Such documents (once produced) shall be provided to the Authority on the Shared Data Environment for its review and comment, and the Contractor shall pay due regard to any such comments made by the Authority. No later than twelve (12) months prior to Acceptance, the Contractor shall notify the Authority of the actual number of documents that will be produced under Clause 1.159 and the Parties shall then agree in writing which of these shall be signed by the Contractor as a condition to Acceptance. QUALITY ASSURANCE The following DEFSTANs and AQAPs shall apply to this Contract (subject always to Clause 3 (Precedence)) and the Contractor shall procure that such DEFSTANs and AQAPs apply to its sub-contracts to the extent possible: AQAP 2110 (Edition 3 November 2009) NATO Quality Assurance Requirements for Design, Development and Production; DEFSTAN 05-61 Part 1 (Issue 5 August 2010) Quality Assurance Procedural Requirements Part 1 Concessions; AQAP 2105 (Edition 2 November 2009) NATO Requirements for Deliverable Quality Plans; AQAP 2210 (Edition 3 November 2009) NATO Supplementary Software Quality Assurance Requirements to AQAP 2110; DEFSTAN 02-41 (Issue 3 May 2012, as amended December 2012) Requirements For Configuration Management of Surface Warships; DEFSTAN 05-57 (Issue 6 March 2014) Configuration Management of Defence Materiel; DEFSTAN 05-61 Part 4 (Issue 3 October 2002, as amended 28 January 2011) Quality Assurance Procedural Requirements Part 4 Contractor Working Parties; DEFSTAN 05-61 Part 9 (Issue 4 May 2010) Quality Assurance Procedural Requirements Part 9 Independent Inspection Requirements for Safety Critical Items; and DEFSTAN 05-99 (Issue 4 December 2010, as amended 31 October 2011) Managing Government Furnished Equipment in Industry. This is not an exhaustive list and other DEFSTANs as called up in this Contract shall also apply. The Quality Management Plan provided by the Contractor under Clause 1.150 shall comply with AQAP 2105 (and such Quality Management Plan shall be the 'Deliverable Quality Plan' referred to in AQAP 2105). Notwithstanding that the Quality Management Plan will have been seen and agreed by the Authority, the Contractor shall be solely responsible for the accuracy, suitability and applicability of the Quality Management Plan. CONDUCT OF TRIALS Prior to the Contractor conducting any Sea Trial in respect of an OPV, it shall provide the Authority with the Contractor’s certificate of sea-worthiness for that OPV. Any Authority representative or employee may attend any Harbour Trial. The Contractor shall provide the Authority with reasonable notice of the commencement of each Harbour Trial. The Contractor shall be responsible for the safety and operation of the OPV throughout the Harbour Trial. The Contractor shall pay for all the costs and expenses of the Harbour Trials, except for costs associated with those items of GFA relevant to the Harbour Trial and any expenses of the Authority in attending the Harbour Trials, which in each case shall be met by the Authority. Any Authority representative or employee up to a maximum number to be agreed between the Parties may attend any Sea Trial. The Contractor shall provide the Authority with no less than ten (10) Business Days’ prior notice to the commencement of each Sea Trial. The Contractor shall be entitled to commence such Sea Trial on any day on and from the date which is ten (10) Business Days following service of the relevant Notice. The Contractor shall be responsible for the safety and operation of the OPV throughout each Sea Trial. The Contractor shall nominate an appropriately qualified Trials Master and notify the Authority of such nomination. The Contractor shall not appoint the Trials Master without the prior written consent of the Authority (not to be unreasonably withheld or delayed). On agreement of the identity of the Trials Master, the Contractor shall then appoint the Trials Master to command each OPV during its Sea Trials. The Authority and any of its representatives or employees attending Sea Trials shall follow the Trials Master’s instructions and the Company Standing Orders, provided that a copy of such Company Standing Orders have been provided to the Authority in advance of the Sea Trials. The Contractor shall pay for all the expenses of the Sea Trials except for costs associated with those items of GFA relevant to the Sea Trial and any expenses of the Authority in attending the Sea Trials, which in each case shall be met by the Authority.
Appears in 1 contract
Sources: Offshore Patrol Vessel Contract
MONITORING OF CONSTRUCTION. The Contractor shall measure Monthly progress reports During the success Construction Period, the Concessionaire shall, no later than 7 (seven) days after the close of each month, furnish to the Authority and the Independent Engineer a monthly report on progress of the OPV Programme against Construction Works and shall promptly give such other relevant information as may be required by the Contract KPIsIndependent Engineer and/or the Authority. Inspection During the Construction Period, the Independent Engineer shall inspect the Project at least once a month and make a report of such inspection (the “Inspection Report”) stating in reasonable detail the defects or deficiencies, if any, with particular reference to the Project Completion Schedule, Scope of the Project and Specifications and Standards. The OPVs Independent Engineer shall send a copy of the Inspection Report to the Authority and the Concessionaire within 7 (seven) days of such inspection and upon receipt thereof, the Concessionaire shall rectify and remedy the defects or deficiencies, if any, stated in the Inspection Report. Such inspection or submission of Inspection Report by the Independent Engineer shall not relieve or absolve the Concessionaire of its obligations and liabilities hereunder in any manner whatsoever. Tests For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be constructed carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten percent) of the quantity and/or number of tests that the owner or builder of such works would normally undertake in accordance with Good Industry Practice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the Contractor’s internal processes as are in force from time instructions of the Independent Engineer and furnish the results thereof to timethe Independent Engineer. This will include One half of the production costs incurred on such tests, and to the extent certified by the Contractor Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a Requirements and Acceptance Database ("RADb") and a Vessel Acceptance Matrix ("VAM")report to the Independent Engineer in this behalf. The Contractor Independent Engineer shall provide copies of require the RADb Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and the VAM to the Authority on the Shared Data Environment. The Authority may attend and witness such events required by the Contractor’s internal process as it wishes such as design reviews, installation inspections, compartment completion inspections, factory inspection, tests of equipment that is acquired by the Contractor for use on the OPV Programme and Engineering Trials. The Authority may also inspect any part of the OPVs as they are constructed and set to work and raise such observations as it may choose. The Contractor shall pay due regard to any such observations made by the Authority. The Contractor shall produce the following categories of documents as part of its internal processes: Test forms; Basin / Harbour Trial Reports; and Sea Trial Reports. Each of these documents may record Defects and other observations for mitigation at a later stage in the OPV Programme including as part of the D3B process. Such documents (once produced) shall be provided to the Authority on the Shared Data Environment for its review and commentStandards, and the Contractor procedure set forth in this Clause 13.3 shall pay due regard be repeated until such Construction Works conform to any such comments made the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the AuthorityConcessionaire for its own quality assurance in accordance with Good Industry Practice. No later than twelve (12) months prior to Acceptance, the Contractor shall notify the Authority of the actual number of documents that will be produced under Clause 1.159 and the Parties shall then agree in writing which of these shall be signed by the Contractor as a condition to Acceptance. QUALITY ASSURANCE The following DEFSTANs and AQAPs shall apply to this Contract (subject always to Clause 3 (Precedence)) and the Contractor shall procure that such DEFSTANs and AQAPs apply to its sub-contracts to the extent possible: AQAP 2110 (Edition 3 November 2009) NATO Quality Assurance Requirements for Design, Development and Production; DEFSTAN 05-61 Part 1 (Issue 5 August 2010) Quality Assurance Procedural Requirements Part 1 Concessions; AQAP 2105 (Edition 2 November 2009) NATO Requirements for Deliverable Quality Plans; AQAP 2210 (Edition 3 November 2009) NATO Supplementary Software Quality Assurance Requirements to AQAP 2110; DEFSTAN 02-41 (Issue 3 May 2012, as amended December 2012) Requirements For Configuration Management of Surface Warships; DEFSTAN 05-57 (Issue 6 March 2014) Configuration Management of Defence Materiel; DEFSTAN 05-61 Part 4 (Issue 3 October 2002, as amended 28 January 2011) Quality Assurance Procedural Requirements Part 4 Contractor Working Parties; DEFSTAN 05-61 Part 9 (Issue 4 May 2010) Quality Assurance Procedural Requirements Part 9 Independent Inspection Requirements for Safety Critical Items; and DEFSTAN 05-99 (Issue 4 December 2010, as amended 31 October 2011) Managing Government Furnished Equipment in Industry. This It is not an exhaustive list and other DEFSTANs as called up in this Contract shall also apply. The Quality Management Plan provided by the Contractor under Clause 1.150 shall comply with AQAP 2105 (and such Quality Management Plan shall be the 'Deliverable Quality Plan' referred to in AQAP 2105). Notwithstanding that the Quality Management Plan will have been seen and agreed by the Authority, the Contractor shall be solely responsible for the accuracy, suitability and applicability of the Quality Management Plan. CONDUCT OF TRIALS Prior to the Contractor conducting any Sea Trial in respect of an OPV, it shall provide the Authority with the Contractor’s certificate of sea-worthiness for that OPV. Any Authority representative or employee may attend any Harbour Trial. The Contractor shall provide the Authority with reasonable notice of the commencement of each Harbour Trial. The Contractor shall be responsible for the safety and operation of the OPV throughout the Harbour Trial. The Contractor shall pay for all the costs and expenses of the Harbour Trials, except for costs associated with those items of GFA relevant to the Harbour Trial and any expenses of the Authority in attending the Harbour Trials, which in each case shall be met by the Authority. Any Authority representative or employee up to a maximum number to be agreed between the Parties may attend any Sea Trial. The Contractor shall provide the Authority with no less than ten (10) Business Days’ prior notice to the commencement of each Sea Trial. The Contractor shall be entitled to commence such Sea Trial on any day on and from the date which is ten (10) Business Days following service of the relevant Notice. The Contractor shall be responsible for the safety and operation of the OPV throughout each Sea Trial. The Contractor shall nominate an appropriately qualified Trials Master and notify the Authority of such nomination. The Contractor shall not appoint the Trials Master without the prior written consent of the Authority (not to be unreasonably withheld or delayed). On agreement of the identity of the Trials Master, the Contractor shall then appoint the Trials Master to command each OPV during its Sea Trials. The Authority and any of its representatives or employees attending Sea Trials shall follow the Trials Master’s instructions and the Company Standing Orders, provided that a copy of the results of such Company Standing Orders have been provided tests shall be sent by the Concessionaire to the Authority in advance Independent Engineer forthwith. Delays during construction Without prejudice to the provisions of Clause 12.3.2, if the Concessionaire does not achieve any of the Sea Trials. The Contractor Project Milestones or the Independent Engineer shall pay for all have reasonably determined that the expenses rate of progress of Construction Works is such that the Sea Trials except for costs associated with those items of GFA relevant Project is not likely to the Sea Trial and any expenses of the Authority in attending the Sea Trials, which in each case shall be met completed by the AuthorityScheduled Completion Date, it shall notify the Concessionaire to this effect, and the Concessionaire shall, within 15 (fifteen) days of such notice, by a communication inform the Independent Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve COD.
Appears in 1 contract
Sources: Concession Agreement