SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-K
(Mark One)
X Annual report pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934 for the
fiscal year ended December 31, 1996
Transition report pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Commission File Number 0-16572
AVONDALE INDUSTRIES, INC.
(Exact name of registrant as specified in its charter)
Louisiana 39-1097012
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
5100 River Road, Avondale, Louisiana 70094
(Address of principal executive offices) (Zip Code)
(504) 436-2121
(Registrant's telephone number,
including area code)
Securities registered pursuant to Section 12(b) of the Act:
None
Securities registered pursuant to Section 12(g) of the Act:
Common Stock, $1.00 par value per share
(Title of Class)
Indicate by check mark whether the registrant (1) has
filed all reports required to be filed by Section 13 or
15(d) of the Securities Exchange Act of 1934 during the
preceding 12 months (or for such shorter period that the
registrant was required to file such reports) and (2) has
been subject to such filing requirements for the past 90
days. Yes X No
---
Indicate by check mark if disclosure of delinquent
filers pursuant to Item 405 of Regulation S-K is not
contained herein, and will not be contained, to the best of
registrant's knowledge, in definitive proxy or information
statements incorporated by reference in Part III of this
Form 10-K or any amendment to this Form 10-K.
---
The aggregate market value of the voting stock held by
non-affiliates (affiliates being directors, executive
officers and holders of more than 5% of the Company's common
stock) of the Registrant at December 31, 1996 was
approximately $156,308,419.
The number of shares of the Registrant's common stock,
$1.00 par value per share, outstanding at December 31, 1996
was 14,464,175.
DOCUMENTS INCORPORATED BY REFERENCE
Portions of the Registrant's Proxy Statement for its
1997 Annual Meeting have been incorporated by reference into
Part III of this Form 10-K.
<PAGE>
PART I
Item 1. Business.
Overview
Avondale is one of the largest shipbuilders
in the United States, specializing in the design,
construction, conversion, repair and modernization
of various types of ocean-going vessels for the
military and commercial markets. A majority of
Avondale's contracts in recent years has been for
the construction of U.S. Navy surface ships,
although it secured a large commercial contract in
1995 for the construction and conversion of
double-hulled product carriers. Management
believes the Company's low cost structure,
experienced and skilled work force, technological
capabilities, sophisticated construction processes
and extensive experience gained in building
a variety of military and commercial vessels
position the Company as one of the most cost-
efficient and versatile shipbuilders in the
United States. At December 31, 1996, the
Company's shipbuilding backlog (the "firm
backlog") was approximately $1.8 billion
(including estimated contract escalation),
exclusive of unexercised options aggregating $1.1
billion held by the U.S. Navy for additional ship
orders (including estimated contract escalation).
In December 1996, an alliance led by the
Company was awarded a contract to construct the
first of an anticipated 12 vessels under the U.S.
Navy's LPD-17 program. The contract award
provides for options exercisable by the U.S. Navy
for two additional LPD vessels to be built by the
alliance. Management believes that by securing
the LPD-17 contract the Company has continued to
demonstrate its ability to compete successfully
for U.S. Navy contracts based on the high level of
its technical, engineering and production skills,
as well as its cost efficient production methods.
In addition, the backlog created from the LPD-17
contract is a strong foundation that will allow
the Company to compete aggressively for other
shipbuilding opportunities, particularly in the
commercial markets. Upon the announcement of the
award the unsuccessful bidder filed a protest
which is being reviewed by the GAO and the U.S.
Navy issued a stop-work order pending the
resolution of the protest. Management expects the
GAO decision by mid-April 1997 and anticipates
beginning design work immediately if a favorable
decision is received. For additional information
on the LPD-17 award, see "-U.S. Government."
Historical Information. Avondale is a
versatile shipyard that has been the successful
<PAGE>
bidder for a variety of marine construction
projects. Organized in 1938, Avondale first began
building ocean-going ships in the 1950s. From 1959
to 1985, the Company was operated as a subsidiary
of Ogden Corporation, a diversified New York Stock
Exchange listed company headquartered in New York,
New York. Prior to the 1980s, Avondale built both
military and commercial vessels. In addition to
the construction of 27 destroyer escorts for the
U.S. Navy, Avondale successfully completed a
variety of construction projects during that
period, including general cargo and multi-product
carriers, such as LASH vessels, container vessels,
crude oil tankers and product carriers. In the
early 1980s, however, several measures were
implemented that changed the marine construction
industry significantly. The termination of the
U.S. construction-differential subsidy program in
1981 significantly curtailed the ability of U.S.
shipyards to compete successfully for
international commercial shipbuilding contracts
with foreign shipyards, many of which are heavily
subsidized by their governments. The effects of
the elimination of these subsidies were largely
offset, however, by the initiative to expand the
U.S. Navy fleet to 600 ships, thereby
significantly increasing the U.S. Navy
shipbuilding opportunities available to Avondale.
Initially, Avondale capitalized on the U.S.
Navy shipbuilding opportunities through its
construction of five AOs during the early 1980s.
Since AOs are essentially oil tankers modified to
meet certain military requirements, they were a
natural extension of the product carrier vessels
previously built by Avondale.
During the remainder of the 1980s and the
first part of this decade, Avondale steadily
expanded the range of vessels that it built for
the U.S. Navy. The Company principally focused on
those vessels that were related to, or natural
extensions of, predecessor vessels constructed by
Avondale, where Avondale could best capitalize on
its prior experience and proven capabilities.
Among the U.S. Navy vessels built or under
construction during this period were 16 T-AOs,
five LSDs, four LSD-CVs, five AOJs (which
constituted conversions of AOs previously built by
Avondale), one T-AGS 45, 15 LCACs, four MHCs and
three SL 7 conversions.
With the end of the Cold War, and the
pressure of domestic budget constraints, spending
for new vessel construction by the U.S. Navy has
been substantially reduced, with the rate of new
vessel construction reduced to approximately 50%
of that in the 1980s. Despite the contraction in
U.S. Navy shipbuilding activity, management
<PAGE>
believes that Avondale's versatility has been a
significant factor in its successful efforts to
restore its backlog, which efforts have also been
bolstered by Avondale's experience in building
vessels comparable to those currently in demand.
U.S. Government. In addition to the contract
award by the U.S. Navy to build the first LPD-17
vessel, the alliance was awarded options,
exercisable by the U.S. Navy, for two additional
ships of the LPD-17 class. It is expected that a
total of 12 vessels will be built under the LPD-17
program. The members of the alliance, Bath,
Hughes and the Company submitted a joint bid with
the Company as the prime contractor. Under the
terms of an agreement between the alliance
members, the Company will build the vessel covered
by the December 1996 contract, and if the U.S.
Navy exercises the two options, the Company would
also construct the second and Bath would construct
the third of the three LPD-17 vessels. Hughes
will be responsible for total ship integration and
the alliance will use Intergraph technology for
the design and manufacture of the ship.
The first three vessels of the LPD-17 program
will be built pursuant to a cost-plus-award fee
contract, with the Company, Hughes and Bath being
entitled to reimbursement for their respective
allowable costs in performing the contracts as
such costs are incurred. The contract provides
for the payment of an award fee to the members of
the alliance, the amount of which is dependent
upon the results of periodic evaluations of
contract performance. The maximum award fee to be
earned is 10% of the bid cost for the LPD-17
contract, and it is anticipated that any award fee
granted will be paid incrementally upon completion
of each periodic evaluation. Pursuant to the
subcontracting agreements entered into between the
Company and each of Bath and Hughes, any award
fees earned by the alliance will be distributed to
the alliance members in proportion to each
member's performance and participation in the
construction of the vessel for which the award was
granted. Unlike the Company's other principal
shipbuilding contracts, where profits are
recognized under the percentage-of-completion
method of accounting, the Company will record
profit on the LPD-17 contract upon award of any
incremental fee. In addition, although the LPD-17
contract is on a cost-plus-award fee basis, the
ability of Avondale to realize any incremental
award fee is dependent not only upon its ability
to perform its contractual obligations but also
the satisfactory performance by other members of
the team.
In accordance with the U.S. Navy's
<PAGE>
requirement of a streamlined contractual
relationship, the alliance's agreement provides
that the Company will act as the prime contractor
for all three vessels, and as such, the Company
will be responsible for billing not only its own
costs, but also any costs incurred by Bath and
Hughes. Accordingly, all such amounts will be
reflected in the Company's financial statements.
The Company's backlog at December 31, 1996
includes $641 million, which amount is the
aggregate of the estimated cost to complete the
first LPD-17 vessel and the maximum award fee that
would be payable to Avondale and the alliance.
However, a substantial portion of the reported
backlog for the first vessel is related to work to
be performed by other alliance members. To the
extent that the Company's revenues include costs
incurred by and award fees paid to the other
alliance members, the Company's profit margins
will be reduced.
If the U.S. Navy proceeds with its previously
announced intention to construct additional LPD
vessels beyond the first three, the Company
expects that the contracts for such vessels will
provide for a more traditional pricing
arrangement, such as a fixed-price incentive
contract or fixed-price contract.
The U.S. Navy has stated that the LPD-17
vessels will be important to its amphibious
operations over the next three decades, and will
replace a number of ships that will be
decommissioned as they reach the end of their
useful lives. In 1995, Congress appropriated
$974.0 million for the construction of the first
of an anticipated 12 ships under the LPD-17
program. The award to the Company-led alliance of
the contract to construct the initial LPD-17 ship
enhances the viability and competitiveness of the
alliance in its pursuit of the remaining LPD-17
ships. If the U.S. Navy awards contracts to
construct the 12 ships, the Company would
construct eight ships and Bath would construct
four ships.
Also included in the current firm backlog for
the military are contracts to construct five
Sealift ships with remaining contract billings of
$875.1 million (including estimated contract
escalation). The Sealift ships, which are designed
to assist in the rapid transportation and
deployment of military personnel, equipment and
supplies, are comparable to other vessels, such as
auxiliary and amphibious support ships, that have
been previously constructed by Avondale for the
military. In addition, the Navy holds an option to
require the Company to construct an additional
<PAGE>
Sealift vessel for an additional $240 million
(including estimated contract escalation), which
option is expected to be exercised by the end of
1997. The first Sealift ship is scheduled for
delivery in 1998 with the final ship (assuming
exercise by the U.S. Navy of the remaining Sealift
option) scheduled for delivery in 2000.
Although no new major U.S. Navy shipbuilding
programs are anticipated before 2000, it is
expected that additional U.S. Navy shipbuilding
opportunities including a series of ADC(X)
vessels, a class of auxiliary vessels designed to
deliver fuel, ammunition and other supplies to the
U.S. Navy fleet with capabilities similar to the
T-AOs constructed by Avondale, and the SC-21,
which represents the next generation of surface
combatant vessels, will become available
thereafter.
Commercial Shipbuilding. Two legislative
enactments in the early 1990s have significantly
enhanced U.S. commercial shipbuilding
opportunities. The Oil Pollution Act of 1990,
which requires the phased-in transition of
single-hulled tankers and product carriers to
double-hulled vessels beginning January 1, 1995,
has created a demand (that is expected to continue
through the remainder of the decade) for the
retro-fitting of existing tankers and the
construction of new double-hulled tankers, as oil
and energy companies and other ship operators
upgrade their fleets to comply with the law.
Industry analysts believe that other countries may
pass laws comparable to the Oil Pollution Act of
1990, which would further increase worldwide
demand for double-hulled product carriers.
In late 1993, Congress amended the loan
guarantee program under Title XI of the Merchant
Marine Act, 1936, to permit the U.S. government to
guarantee loan obligations of foreign vessel
owners for foreign-flagged vessels that are built
in U.S. shipyards. Title XI authorizes MARAD to
guarantee debt with a term of up to 25 years in an
amount up to 87.5% of the vessel cost, thereby
enabling shipowners to obtain financing on more
favorable terms than those currently offered by
other countries having guarantee or subsidy
programs for foreign nationals similar to Title
XI. These 1993 amendments expanded Title XI in a
manner that has attracted foreign owners and
created foreign commercial shipbuilding
opportunities for U.S. shipyards.
Management believes these initiatives have
assisted Avondale in attracting recent commercial
shipbuilding opportunities. In May 1995, the
Company finalized a $143.9 million contract to
<PAGE>
construct four double-hulled forebodies for
product carriers owned by a U.S. shipping company.
These double-hulled product carriers are the first
U.S.-flag product carriers built in the United
States in eight years. The contract is supported
by a Title XI guarantee by MARAD. The completed
vessels incorporating the first two forebodies
were delivered in October 1996 and January 1997,
respectively, with the remaining two forebodies
scheduled for completion by the third quarter of
1997. Avondale believes its receipt of this
contract was further assisted by its prior
experience in constructing three double-hulled
T-AOs on behalf of the U.S. Navy.
In November 1995, the Company signed a
contract for the construction of up to six (but
not less than four) double-hulled product
carriers. This contract is subject to the
customer's ability to qualify for and receive a
Title XI MARAD financing guarantee. The contract
originally called for delivery of the vessels by
the end of 1998. However, in April 1996 at the
request of the customer a modification of the
agreement was reached to extend the delivery from
1998 to the year 2000. These U.S.-flag vessels
will comply with all requirements of the Oil
Pollution Act of 1990 and will engage in
transportation of petroleum products between U.S.
ports under the Jones Act.
Prior to 1997, legislation was introduced in
the U.S. Congress that would eliminate the
competitive advantages afforded to U.S. shipyards
under the 1993 amendments to the Title XI
guarantee program. This legislation would
implement a December 1994 trade agreement among
the United States, the European Union, Finland,
Japan, Korea, Norway and Sweden (which
collectively control over 75% of the market share
for worldwide vessel construction) negotiated
under the auspices of the Organization for
Economic Cooperation and Development (the "OECD
Agreement"). The OECD Agreement and related
accords seek, among other things, to eliminate
government subsidies provided to commercial
shipbuilders and to adopt a uniform standard of
government credit assistance for foreign
nationals. Under these multilateral accords, each
participating nation agreed not to provide credit
assistance to foreign nationals in excess of 80%
of the vessel construction price, and to limit the
term of any credit assistance to not more than 12
years. During 1996, Congress adjourned without
adopting or ratifying the OECD Agreement.
Proponents of the OECD Agreement may seek to have
it reconsidered in 1997 and, if such legislation
were enacted by Congress in its current form, the
Title XI guarantee program would be modified to be
<PAGE>
in accord with the uniform credit assistance
standards mandated under the OECD Agreement,
thereby eliminating the advantages available to
U.S. shipyards under the 1993 Title XI amendments.
Avondale is not able at this time to assess
whether legislation implementing the OECD
Agreement will be enacted by Congress or the
ultimate impact that any such legislation may
have. Although the OECD Agreement promotes the
goal of eliminating commercial shipbuilding
subsidies by signatory nations, there can be no
assurance that certain safeguards in the agreement
will not be circumvented or will be adequately
enforced, or that worldwide commercial
shipbuilding opportunities may continue to flow to
foreign shipyards located in signatory nations
(which may have developed structural competitive
advantages as a result of their long histories of
subsidization) or may be diverted to non-signatory
nations. If the competitive advantages of the
current Title XI guarantee program are eliminated
and the OECD Agreement fails to achieve its
objectives, Avondale's ability to compete for
international commercial shipbuilding contracts
will remain limited, notwithstanding the increased
opportunities that are expected to arise as
vessels of the worldwide tanker and product
carrier fleet approach the end of their useful
lives.
Legislative bills seeking to rescind or
substantially modify the provisions of the Jones
Act mandating the use of U.S.-built ships for
coastwise trade are introduced in Congress from
time to time, and are expected to be introduced in
the future. Although management believes it is
unlikely the Jones Act will be rescinded or
materially modified in the foreseeable future,
there can be no assurance to this effect with
respect to the Jones Act or any other law or
regulation benefitting U.S. shipbuilders.
The Company believes that significant
commercial shipbuilding opportunities will become
available during the next five years. Future
commercial opportunities include constructing
vessels with national defense features for the RRF
and the retrofitting of existing tankers or
product carriers and construction of new double-
hulled tankers or product carriers in response to
the Oil Pollution Act of 1990 which requires the
phase-in transition of single-hulled tankers and
product carriers to double-hulled vessels
beginning January 1, 1995. Although orders for
new vessels have not been placed at the rate
originally expected by the Company, management
believes a significant volume of such work will
begin to become available before 2000, with orders
<PAGE>
being placed in the next two years.
Technological Innovations. To assure that
its shipyard remains among the most modern in the
world, Avondale regularly reviews and assesses its
construction and production process. In this
regard, Avondale often consults with other highly
successful shipbuilding companies concerning
advances in shipbuilding technology. In the early
1980s, the Company was the first U.S. shipyard to
successfully implement modular construction
techniques that had previously been perfected by
Japanese shipbuilders. Management believes these
techniques were a major factor in Japan's
dominance of the commercial shipbuilding market
during the 1970s. Avondale obtained its modular
construction capabilities and "know-how" pursuant
to an agreement with Ishikawajima-Harima Heavy
Industries Co., Ltd. ("IHI"), one of Japan's
largest shipbuilders, which worked with Avondale
to change its manufacturing processes and to train
Avondale's employees. Modular construction
afforded Avondale significant production
efficiencies in the installation of ship systems,
largely due to the greater ease with which such
systems could be installed in open modules rather
than closed-in hulls. As a result of these
efforts, Avondale realized substantial increases
in labor productivity.
In addition, in 1994 the Company entered into
a technology sharing agreement with AESA of Spain,
regarded as an innovative and successful
world-class shipyard. After an on-site review of
Avondale's shipyard by AESA, as well as a review
by Avondale of current shipbuilding technology in
other countries, Avondale invested $20 million in
capital improvements designed to increase
efficiency by improving production flow. In
particular, the Company integrated certain
assembly-line techniques with its modular
construction processes. To that end, the Company
has built a covered facility that houses two
production lines dedicated to military vessels and
two lines for commercial vessels. Avondale
believes that sheltering the production process
and separating the unit lines will enhance
production efficiencies and lower unit production
costs.
Because the construction of commercial
vessels, particularly the product carriers that
Avondale has traditionally built, places an
emphasis on steel fabrication rather than the
complex technological outfitting involved in U.S.
naval construction, Avondale's ability to compete
effectively for additional commercial work should
be enhanced by the new assembly-line process.
<PAGE>
An important element of the award to Avondale
of the LPD-17 contract was its utilization of
computer hardware and software provided by
Intergraph that will permit the Company to engage
in more advanced three-dimensional ship design and
modeling than previously used by the Company.
This technology also provides for sophisticated
data storage, management and retrieval for future
projects. Among its other features, the
technology permits engineering, production and
material procurement tasks to be performed
cooperatively in a teaming approach, thus
enhancing the efficiency of the design phase. In
connection with the LPD-17 program and future
shipbuilding contracts, the Company will implement
an IPDE which captures data in digital form at
creation and then organizes, integrates, maintains
and makes available such data to all program
participants.
Shipbuilding
The Company is predominantly engaged in the
design, construction, conversion, repair and
modernization of various types of military and
commercial vessels.
The main shipyard facility, which is located
on a 257-acre site on the Mississippi River near
New Orleans, includes multiple building ways, side
launching facilities, a 900-foot floating dry
dock/launch platform that permits construction of
vessels up to 1,000 feet in length and a 650-foot
floating dry dock principally used for ship
repair. The main shipyard is equipped to build
almost any type of vessel other than nuclear
submarines and certain surface vessels, such as
ultra-large crude carriers. Avondale also operates
several other facilities in the vicinity of the
main shipyard, including its Westwego shipyard,
which is used primarily for boat construction and
repair, and its Algiers shipyard, which is used
primarily for the repair and overhaul of
ocean-going vessels. In addition, the Company
operates a marine fabrication facility in
Gulfport, Mississippi, which currently is being
used to construct the river hopper barges.
The Company continues to be materially
dependent on the U.S. Navy's ship construction and
conversion programs. The following table sets
forth the distribution of marine construction and
repair activities during the last five years based
on contract billings. As the table indicates, a
majority of Avondale's work in the year ended
December 31, 1996 was comprised of new military
construction. Commercial new construction
increased in 1995 and 1996, principally due to the
construction of the four forebodies and the
<PAGE>
construction of the river hopper barges discussed
in "-Other Operations - Boat Division."
Distribution of Marine Construction and Repair Work
<TABLE>
<CAPTION>
Years Ended
December 31,
1992 1993 1994 1995 1996
<S> <C> <C> <C> <C> <C>
U.S. MILITARY:
New construction 87% 88% 81% 80% 81%
Repair, overhaul
and conversion 6% 2% -- -- --
COMMERCIAL:
New construction 2% 6% 11% 16% 17%
Repair, overhaul
and conversion 5% 4% 8% 4% 2%
--- --- --- --- ---
TOTAL 100% 100% 100% 100% 100%
=== === === === ===
</TABLE>
The percentage of new construction for the U.S.
Navy in 1996 was virtually unchanged since 1994.
Commercial repair, overhaul and conversion
decreased in 1995 as compared to 1994, as the
Company's work on several contracts with a
private contractor for the repair of Sealift
ships approached completion. See "-Other
Operations - Repair Operations."
Government Contracting. Avondale's principal
U.S. government business is currently being
performed under fixed-price and fixed-price
incentive contracts, although the recent LPD-17
contract is a cost-plus-award fee contract. Under
fixed-price contracts, the contractor retains all
cost savings on completed contracts but is also
liable for the full amount of all cost overruns
for which it is responsible. Fixed-price
incentive contracts, on the other hand, provide
for sharing between the government and the
contractor of cost savings and cost overruns
based primarily on a specified formula that
compares the contract target cost with actual
cost. In addition, such fixed-price incentive
contracts generally provide for payment of
escalation of costs based on published indices
relating to the shipbuilding industry. Although
all cost savings are shared under fixed-price
incentive contracts, cost overruns in excess of a
specified amount must be borne entirely by the
contractor. Recent contract awards for the
Sealift vessels, the fourth LSD-CV and the
Icebreaker are each fixed-price incentive
contracts. The LPD-17 contract provides for the
<PAGE>
payment of all costs that are reimbursable under
government contracts. The award fee is payable
periodically after the Navy's evaluation of the
alliance's performance in executing the
contract's performance goals and objectives.
See "- Overview."
All contracts for the construction and
conversion of U.S. Navy vessels are subject to
competitive bidding. As a safeguard to
anti-competitive bidding practices, the U.S. Navy
has recently employed the concept of "cost
realism," which requires that each bidder submit
information on pricing, estimated costs of
completion and anticipated profit margins. The
U.S. Navy uses this and other data to determine
an estimated cost for each bidder. The U.S. Navy
may then re-evaluate a bid by using the higher of
the bidder's and the U.S. Navy's cost estimates.
Under government regulations, certain costs,
including certain financing costs, portions of
research and development costs and certain
marketing expenses, are not allowable costs under
fixed-price incentive and cost contracts. The
government also regulates the methods by which
overhead costs are allocated to government
contracts.
U.S. government contracts are subject to
termination by the government either for its
convenience or upon default by the contractor. If
the termination is for the government's
convenience, contracts provide for payment upon
termination for items delivered to and accepted
by the government, payment of the contractor's
costs incurred plus the costs of settling and
paying claims by terminated subcontractors, other
settlement expenses and a reasonable profit.
However, if a contract termination results from
the contractor's default, the contractor is paid
such amount as may be agreed upon for completed
and partially completed products and services
accepted by the government. The government is not
liable for the contractor's costs with respect to
unaccepted items and is entitled to repayment of
advance payments and progress payments, if any,
related to the terminated portions of the
contract. In addition, the contractor may be
liable for excess costs incurred by the
government in procuring undelivered items from
another source.
The continuation of any U.S. Navy
shipbuilding program is dependent upon the
continuing availability of Congressional
appropriations for that program. It is customary
for the U.S. Navy to award contracts to build one
or more vessels of a program to a contractor
<PAGE>
together with options (exercisable by the U.S.
Navy) to purchase additional vessels in the
program. Generally, contracts to build vessels
are not awarded until funds to pay the full
contract have been appropriated. However, because
Congress usually appropriates funds on a fiscal
year basis, funds may never be appropriated to
permit the U.S. Navy to exercise options that
have been awarded. In addition, even if funds are
appropriated, the U.S. Navy is not required to
exercise the options.
Because its U.S. Navy contracts require the
Company to have access to classified information,
Avondale must maintain a security clearance for
its facility. Among other things, facilities with
such clearances must restrict the access of
non-U.S. citizens to classified information. If
in the future the percentage of foreign ownership
of the Company's Common Stock is increased to a
level that could result in foreign dominance or
control of its activities, the Company would be
required to implement additional measures to
insure that classified material would not be
compromised or risk the loss of its security
clearance.
Due to the complexity of government contracts
and applicable regulations, contract disputes
with the government may occur in the ordinary
course of the Company's business. Based upon
management's analysis of each such dispute and
advice of counsel, the Company records, if
appropriate, an estimate of the amount
recoverable upon resolution of such disputes.
There are currently no such amounts recorded.
Although management believes its estimates are
based upon a reasonable analysis of such
disputes, no assurance can be given that its
estimates will be accurate, and variances between
such estimates and actual results can be
material. The Company believes that adequate
provision has been made in its financial
statements for this and other normal
uncertainties incident to its government
business.
There is significant oversight of defense
contractors to prevent waste in the defense
procurement process. Areas of contract dispute
are reviewed by the government for evidence of
criminal misconduct such as mischarging, product
substitution and false certification of pricing
and other data. In the event the government
alleges a violation of its procurement
regulations, it may seek compensatory, treble or
punitive damages in substantial amounts and
indictments, fines, penalties and forfeitures. In
addition, the government has the right to suspend
<PAGE>
or debar a contractor from government contracting
for significant violations of government
procurement regulations. Avondale has never been
subject to suspension or debarment.
Vessel Deliveries and Backlog. At December
31, 1996, the Company had a firm backlog of
shipbuilding contracts of approximately $1.8
billion (exclusive of unexercised options
aggregating $1.1 billion held by the U.S. Navy
for additional ship orders (including estimated
contract escalation)) compared with backlogs of
$1.4 billion each at December 31, 1995 and 1994.
The Company's firm backlog at December 31, 1996
primarily consisted of $186 million to complete
the Icebreaker, $875 million to complete the
remaining five Sealift ships and $641 million
related to the LPD-17 contract.
Vessel deliveries in 1995 and 1996 included
three T-AOs, two LSD-CVs, three MHCs, one gaming
vessel and one double-hulled forebody. The
Company plans to continue to actively pursue
other government construction and conversion
opportunities, as well as commercial
opportunities, when they become available.
The Company also has been actively pursuing
commercial shipbuilding opportunities, although
international commercial shipbuilding
opportunities remain limited because shipbuilders
in foreign countries are often subsidized by
their governments, which allows them to sell
their ships for prices below their construction
costs. Domestic shipbuilding opportunities that
are not affected by foreign subsidies offer
better possibilities for the Company. See
"-Overview - Commercial Shipbuilding."
In connection with the bids and proposals
that the Company has submitted or plans to submit
to various commercial and government customers,
no assurance can be given that the Company will
be the successful bidder or that the vessels bid
on will actually be built.
Other Operations
Overview. Although the Company has from time
to time, on a limited basis, pursued
opportunities to diversify its business,
management strongly believes that the Company's
resources are most profitably employed in marine
construction. As noted in "Management's
Discussion and Analysis of Financial Condition
and Results of Operations," in order to focus on
its core shipbuilding business and improve
liquidity, the Company sold or discontinued
certain of its non-core operations. The Company
<PAGE>
will continue to evaluate suitable
diversification opportunities, principally those
that would not detract from Avondale's core
business and that would utilize the Company's
existing facilities. Among possible
diversification opportunities are: (i) the
construction of large industrial facilities
utilizing modular shipbuilding expertise and
project management experience; (ii) the repair
and overhaul of U.S. Navy and commercial vessels;
(iii) the construction of semi-submersible rigs,
tension-leg platforms or similar structures used
in the offshore oil and gas industry (which the
Company has constructed from time to time in the
past); and (iv) steel fabrication and other
operations.
Modular Construction. The Company has been
able to apply its modular construction methods to
a variety of non-marine industrial fabrication
projects, including a sulphur recovery plant that
was shipped to Saudi Arabia for on-site assembly
and installation, two cryogenic gas separation
systems, two waste disposal units, six turbine
compressors and turbine generators, six condenser
modules for inclusion in a nuclear power plant
and two sled and receiver modules for sub-sea
pipeline connections. The Company has also
fabricated steel bridges and a hydroelectric
power plant that was floated up the Mississippi
River and installed in Vidalia, Louisiana in
1990. In 1992, the Company delivered to the City
of New York an 800-bed floating detention
facility that is 625 feet long, 125 feet wide and
five stories high. Sales to unrelated third
parties for the years ended December 31, 1996,
1995 and 1994 were $8.5 million, $9.8 million and
$10.3 million, respectively.
Avondale's modular construction division has
not engaged in any significant projects since the
floating detention center was delivered in the
early 1990s. Although at present there is a
minimal level of production activity in this
division, Avondale will continue to pursue
non-shipbuilding marine and industrial-commercial
projects suitable for modular construction as
attractive opportunities arise.
Boat Division. The Company has a facility
equipped for boat construction at its Westwego,
Louisiana shipyard that is capable of building
vessels up to 450 feet in length, as well as a
facility in Gulfport, Mississippi. In 1994 and
1995, the Boat Division delivered three gaming
vessels ranging from 210 to 350 feet in length.
In 1996, the division was primarily engaged in
the construction of river hopper barges under a
contract signed in 1995 with the Ingram Ohio
<PAGE>
Barge Company. The Boat Division is actively
pursuing other projects, including the
construction of additional gaming boats as well
as passenger vessels and ferries, towboats and
other vessels. The Boat Division's backlog at
December 31, 1996, 1995, 1994 was approximately
$11.9 million, $18.8 million and $18.3 million,
respectively. Sales to unrelated third parties
for the years ended December 31, 1996, 1995 and
1994 were $10.2 million, $29.4 million and $40.6
million, respectively.
Steel Operations. Through its Steel Sales
operation, Avondale sells steel plate and
structural steel to the marine and industrial
markets in the Gulf Coast region of the United
States. Net sales to other Avondale divisions are
not significant. Sales to unrelated third parties
for the years ended December 31, 1996, 1995 and
1994 were approximately $40.1 million, $28.2
million and $22.4 million, respectively.
Repair Operations. At its main shipyard and
the Algiers shipyard, Avondale engages in the
repair, overhaul and conversion of ocean-going
vessels. With the 900 and 650 foot drydocks
located at the Company's main shipyard, the
Company is capable of offering a complete range
of vessel repairs and overhaul services. The
Algiers shipyard is operated under a long-term
lease and is designed primarily for the topside
repair and overhaul of large ocean-going vessels.
Although historically Avondale has engaged in the
repair and overhaul of U.S. Navy vessels, these
opportunities have been curtailed by the U.S.
Navy's current policy of requiring such work to
be conducted at or near the vessels' home ports.
Sales to unrelated third parties for the years
ended December 31, 1996, 1995 and 1994 were $13.5
million, $27.3 million and $30.3 million,
respectively.
Competition
The shipbuilding industry is divided into two
distinct markets, U.S. government contracts,
which is dominated by contracts for the U.S.
Navy, and domestic and international shipbuilding
contracts for commercial customers. The reduced
level of shipbuilding activity by the U.S.
government during the past decade has intensified
competition significantly. With respect to the
market for U.S. military contracts, there are
principally five private U.S. shipyards,
including Avondale, that compete for contracts to
construct or convert surface vessels. Two of
these companies are subsidiaries of much larger
corporations that have substantially greater
resources than Avondale.
<PAGE>
With respect to commercial vessels that must
be constructed by a U.S. shipyard under the Jones
Act, there are approximately 20 private U.S.
shipyards that can accommodate the construction
of vessels up to 400 feet in length, ten of which
Avondale considers to be its direct competitors
for commercial contracts. Because of the current
overcapacity at U.S. shipyards, the current small
volume of commercial work available and the fact
that most contracts are awarded on the basis of
competitive bidding, price competition is
particularly intense. With respect to the
international commercial shipbuilding market,
Avondale competes with numerous shipyards in
several countries, many of which are heavily
subsidized by their governments. See "-Overview -
Commercial Shipbuilding."
Substantially all military and commercial
contracts awarded to U.S. shipyards are
competitively bid. The Company believes that it
has been successful recently in securing
competitively bid contracts in large part because
the Company submitted the most cost-effective
bids for the available contracts. However, the
Company believes that its recent securing of the
LPD-17 award has continued to demonstrate
Avondale's ability to compete successfully for
U.S. Navy contracts based on the high level of
its technical, engineering and production skills
as well as its cost efficient production methods.
The Company believes that it will continue to be
competitive in bidding for selected U.S. Navy and
commercial shipbuilding contracts in the future.
However, no assurance can be given that the
Company will be the successful bidder on any
future contracts or that, if successful, it will
realize profits on such contracts.
Marketing
The Company's marketing effort is
decentralized and conducted separately by each
division. Generally, the Company and its
competitors are all aware of the shipbuilding,
repair and conversion plans of the U.S. Navy and
most prospective commercial customers, and are
invited to bid on all major projects.
The Company's boat building and repair
operations are marketed by the sales and business
development personnel of the appropriate
divisions primarily through direct, personal
sales calls. The services of the Steel Sales
operation are marketed through industry
advertising, personal sales calls and prior
business relationships.
Materials and Supplies
<PAGE>
The principal materials used by Avondale in
its shipbuilding, conversion and repair business
are standard steel shapes, steel plate and paint.
Other materials used in large quantities include
aluminum, copper-nickel and steel pipe,
electrical cable and fittings. The Company also
purchases component parts such as propulsion
systems, boilers, generators and other equipment.
All of these materials and parts are currently
available in adequate supply from domestic and
foreign sources. Generally, for all its long-term
contracts, the Company obtains price quotations
for its materials requirements from multiple
suppliers to ensure competitive pricing. In
addition, through the cost escalation provisions
contained in its U.S. military contracts, the
Company is protected from increases in its
materials costs to the extent that the increases
in the Company's costs are in line with industry
indices.
In connection with its government contracts,
the Company is required to procure certain
materials and component parts from supply sources
approved by the U.S. Government. Although certain
components and sub-assemblies are manufactured by
subcontractors, the Company's reliance on
subcontractors has been and is expected by
management to continue to be limited. The Company
is not dependent upon any one supply source and
believes that its supply sources are adequate to
meet its future needs.
Insurance
The Company maintains insurance against
property damage caused by fire, explosion and
similar catastrophic events that may result in
physical damage or destruction to the Company's
premises and properties. The Company also
maintains general liability insurance in amounts
it deems appropriate for its business. The
Company is self-insured for workers' compensation
liability and employees' health insurance except
for losses in excess of $1.0 million per
occurrence, for which the Company maintains
insurance in amounts it deems appropriate.
Environmental and Safety Matters
General. Avondale is subject to federal,
state and local environmental laws and
regulations that impose limitations on the
discharge of pollutants into the environment and
establish standards for the treatment, storage
and disposal of toxic and hazardous wastes.
Stringent fines and penalties may be imposed for
non-compliance with these laws and regulations,
and certain environmental laws impose joint and
<PAGE>
several "strict liability" for remediation of
spills and releases of oil and hazardous
substances rendering a person liable for
environmental damage, without regard to
negligence or fault on the part of such person.
Such laws and regulations may expose the Company
to liability for the conduct of or conditions
caused by others, or for acts of the Company
which are or were in compliance with all
applicable laws at the time such acts were
performed. The Company is covered under its
various insurance policies for some, but not all,
potential environmental liabilities. See Note 10
of the Notes to Consolidated Financial
Statements.
The Company is also subject to the federal
Occupational Safety and Health Act ("OSHA") and
similar state statutes. The Company has an
extensive health and safety program and employs a
staff of safety inspectors and industrial hygiene
technicians, whose primary functions are to
develop Company policies that meet or exceed the
safety standards set by OSHA, train supervisors
and make daily inspections of safety procedures
to insure their compliance with Company policies
on safety and industrial hygiene. All supervisors
are required to attend safety training meetings
at which the importance of full compliance with
safety procedures is emphasized.
Waste Disposal. Avondale's operations
produce a limited amount of industrial waste
products and certain hazardous materials. The
Company's industrial waste products, which
consist principally of residual petroleum, other
combustibles and blasting abrasives, are shipped
to third party disposal sites that are licensed
to handle such materials.
Employees
At December 31, 1996, Avondale had
approximately 5,200 employees, many of whom have
been employed by the Company for many years. In
February 1997 the National Labor Relations Board
("NLRB") confirmed the results of a 1993
election. The Company continues to believe that
it has substantive and meritorious bases for
overturning the decision of the NLRB and intends
to take steps to have the propriety of the
election reviewed in court. If the NLRB
certifies the union and that decision is upheld,
the Company will be required under the federal
labor laws to bargain in good faith with the
union on matters such as wages, hours and other
working conditions. Even though Avondale will
only agree to bargaining demands that can be
economically justified, union certification may
<PAGE>
result in an increased risk that the union will
engage in potentially disruptive activities such
as strikes or picketing, or that the Company may
incur higher labor and operating costs.
The union has also filed numerous unfair
labor practice charges with the NLRB alleging
that Avondale has committed a variety of
violations of the National Labor Relations Act
principally involving claims that employees were
wrongfully disciplined or discharged. Although
the Company disputes these claims and is waging a
vigorous defense, if there is a finding against
the Company, depending on the facts of each case,
the employee would be entitled to back pay from
the time of his or her claim until the resolution
of the case. However, even if there is a finding
in favor of some of the claimants with respect to
one or more of the unfair labor practice claims,
management believes that any judgment would not
have a material impact on the Company's financial
condition, results of operations or cash flows.
GLOSSARY OF SELECTED INDUSTRY TERMS
<TABLE>
<S> <C>
ADC(X) A class of auxiliary vessels designed to
deliver a steady stream of fuel,
ammunition and stores to the U.S. Navy
fleet. It is currently envisioned that
these vessels will have "Refuel at Sea"
capabilities similar to the T-AOs
currently under construction at
Avondale.
AO An auxiliary oil tanker constructed for
the U.S. Navy and crewed by U.S. Navy
personnel. Avondale has built five AOs.
AOJ An AO which has been "jumboized" i.e.,
lengthened by the Company by inserting a 108
foot midbody. Avondale has converted five
AOJs.
Icebreaker WAGB-20 Polar Icebreaker, which has been
ordered by the U.S. Coast Guard for its
polar operations.
IPDE An Integrated Product Data Environment
which captures data in digital format at the
point of creation and then organizes,
integrates, maintains and makes the
information available to all program
participants.
Jones Act Merchant Marine Act of 1920, as amended.
LASH "Lighter aboard ship," a LASH vessel
<PAGE>
carries its cargo in pre-loaded barges
(lighters). The Company constructed 21 such
vessels in the late 1960s and early 1970s for
five commercial customers.
LCAC "Landing craft air cushion," a surface
effect vessel that was constructed at the
Company's Gulfport facility. Avondale has
built 15 LCACs.
LPD-17 The next class of amphibious transport
ship for the U.S. Navy. Avondale was
awarded a contract, with two options,
for the design, construction and support
of the initial LPD-17 ships.
LSD "Landing ship dock," designed to carry
troops, materials and up to four LCACs.
Avondale has built five LSDs.
LSD-CV An LSD with a "cargo variant" design
allowing for carrying of more cargo and
only 2 LCACs. Avondale has built four
LSD-CVs.
MARAD United States Maritime Administration,
Department of Transportation.
MHC MHC-51 class fiberglass coastal
minehunter. Avondale has built four MHCs.
REAs Requests for Equitable Adjustments
submitted by a government contractor to the
U.S. government.
RRF Ready Reserve Fleet, an inactive reserve
of merchant ships and naval auxiliaries
maintained by MARAD which can be activated to
meet U.S. shipping requirements during
national emergencies.
SC-21 "Surface Combatant 21st Century,"
the next generation of surface combatant
to be built for the U.S. Navy. As
currently conceived, this vessel would
most closely resemble the Aegis class
destroyer.
SL7 A "Roll on Roll off" vessel operated by
the Military Sealift Command and crewed by a
civilian crew. Avondale has converted three
SL7s.
Sealift As used herein, TAKR 300 Class Sealift
vessels are transport vessels built for the
U.S. Navy. Avondale has contracts to build
five Sealift vessels with an option to build
an additional vessel.
<PAGE>
TAGS-45 An oceanographic research vessel
constructed by Avondale and delivered to
the U.S. Navy in May 1993.
T-AO Same as an "AO" but operated by the
Military Sealift Command and crewed by a
civilian crew. Avondale has built sixteen T-
AOs.
</TABLE>
Item 2. Properties
The Company's corporate headquarters and main
shipyard are located on the west bank of the
Mississippi River at Avondale, Louisiana,
approximately 15 miles from downtown New Orleans.
That facility includes approximately 226 acres of
Company-owned land with 174 buildings enclosing
approximately 2.0 million square feet of space,
approximately 31 acres of leased land, a 900-foot
floating dry dock/launch platform that permits
construction, conversion or repair of vessels up
to approximately 1,000 feet in length, and a 650-
foot floating dry dock principally used for ship
repair and multiple building ways and side
launching facilities. The main shipyard includes
approximately 6,500 feet of wharves, 1,200 feet of
launch ways and 2,900 feet of unimproved
waterfront along the Mississippi River. The
Company's shipyard facilities have the capacity to
build virtually any type of vessel other than
submarines and surface vessels of the largest
classes, such as ultra-large crude carriers.
The Company's 900-foot floating drydock was
constructed in 1975 and financed pursuant to Title
XI of the Merchant Marine Act, 1936, as amended.
The 900 foot drydock is currently subject to a
Title XI mortgage of approximately $3.1 million.
As discussed further in Note 4 of the Notes to the
Consolidated Financial Statements, these mortgage
bonds were refinanced in February 1995.
The Company's 650-foot floating drydock and
support facilities were constructed in 1982 and
financed with $36.25 million of industrial revenue
bonds (see Note 4 of the Notes to the Consolidated
Financial Statements).
As part of its program to significantly
improve its efficiency, in 1995 the Company
completed an approximate $20 million capital
expenditure program, financed principally through
$17.8 million of bonds issued in February 1995
utilizing a Title XI guarantee (see "Management's
Discussion and Analysis of Financial Condition and
Results of Operations - Liquidity and Capital
Resources" and Note 4 of the Notes to Consolidated
Financial Statements). The modernization program
<PAGE>
included construction of a covered facility, which
should provide productivity gains by eliminating
weather-related problems, and adoption of a more
automated process for building the various modules
which are assembled into a completed vessel.
The Company also operates several other
facilities in the vicinity of the main shipyard.
The Westwego Yard is located five miles down-river
from the main shipyard on 16.6 acres of leased
land and includes facilities for the construction
or repair of boats and vessels up to 450 feet in
length. The Algiers Yard is located 19 miles
down-river from the main shipyard on 22 acres of
leased land and includes construction facilities
used predominantly for the repair and overhaul of
large ocean-going vessels. The Steel Sales
operation is located on 4.4 acres of property
leased on a month-to-month basis in Harvey,
Louisiana, where a steel warehouse is located.
The location has direct access to the Mississippi
River via the Harvey Canal. The Modular
Construction operation, located in an
approximately 70,000 square foot facility on a 58
acre Company-owned site a few miles up-river from
the main shipyard, consists of a complete machine
shop with steel fabricating facilities.
The Avondale Gulfport Marine, Inc. ("AGM")
facility, which is located six miles northeast of
Gulfport, Mississippi on an industrial seaway, was
sold in December 1996.
The Avondale Enterprises, Inc. ("AEI")
facility is located on a Company-owned 121.5 acre
site near Gulfport, Mississippi on the same
industrial seaway as AGM. The facility includes a
263,447 square foot manufacturing facility and a
6,300 square foot administration building. This
facility was acquired in 1989 for construction of
the MHCs. AEI has pledged a portion of the
facility to secure a $3 million loan it entered
into in 1991 to finance a portion of its 1989
acquisition debt. Upon the transfer of the final
MHC hull to the main shipyard in December 1994,
this facility became idle. The Company is
currently utilizing a portion of the facility for
the construction of river hopper barges and barge
covers as part of the river hopper barge
construction contract discussed at "Business -
Other Operations - Boat Division."
The main facility of the Genco Industries
Group ("Genco") is located on a Company-owned 8.7
acre site 20 miles southeast of Beaumont, Texas.
The facility includes five buildings utilized for
manufacturing and administration comprising
approximately 66,800 square feet. Genco has a
smaller facility that is located on a Company-
owned 3.2 acre site approximately 80 miles
<PAGE>
northwest of Beaumont. This facility consists of
three manufacturing-administration buildings
totaling approximately 26,500 square feet.
Genco's facilities became idle in 1994 after
completion of their contracts. The Company
currently has these facilities listed for sale and
is exploring alternative uses.
Except as otherwise noted above, the above-
described facility leases are for various terms
extending through at least 2000, including renewal
options.
The Company believes that its core marine
construction and repair facilities provide it with
sufficient capacity to handle any business it
reasonably expects to obtain in the foreseeable
future. In general, the Company's productive
capacity is limited less by physical facilities
than by the number of employees the Company can
effectively supervise. Management believes that
the Company would be operating at full capacity
with approximately 8,000 employees. The Company's
core business currently operates with more than
5,200 employees.
Item 3. Legal Proceedings
Environmental Proceedings. Various
governmental and private parties have from time to
time alleged that the Company is a potentially
responsible party with respect to certain
hazardous waste sites, including, among other
things, the site listed below.
In January 1986, the Louisiana Department of
Environmental Quality ("DEQ") advised the Company
that it could be a potentially responsible party
("PRP") with respect to an oil reclamation site
operated by an unaffiliated company in Walker,
Louisiana. The Company sold to the operator a
substantial portion of the waste oil that was
processed at the reclamation site during the
period 1978 through 1982. The Company's potential
liability, if any, for cleanup of this site will
be based on the Comprehensive Environmental
Response, Compensation and Liability Act of 1980
("CERCLA") or the Louisiana Environmental Affairs
Act. Under these statutes, such liability is
presumptively joint and several, but is typically
apportioned among the responsible parties based on
the volume of material sent by each to the waste
site. The Company has cooperated with other PRPs
to study the potential aggregate liability under
these statutes. Moreover, the Company believes it
has substantial defenses against liability and
defenses that could mitigate the portion of
liability, if any, that would otherwise be
attributable to it.
<PAGE>
To date, the Company and certain of the other
PRPs (the "Funding Group") for the site have
funded the site's remediation expenses, PRP
identification expenses and related costs for the
participating parties. As of December 31, 1996
such costs totaled $18.8 million, of which the
Company has funded approximately $4.0 million.
Since 1988 the Funding Group filed petitions to
add a number of companies as third-party
defendants with regard to the remedial action.
The Funding Group has agreed to settle with the
majority of these companies. All funds collected
through these settlements are placed in escrow to
fund future expenses. At December 31, 1996, the
balance of the escrow was $6.2 million, which is
to be used to fund any ongoing remediation
expenses. The Company will not owe any future
assessments until the balance in escrow is
depleted. There are additional settlements being
negotiated which should add to the balance in
escrow.
Additional remedial work scheduled for the
site includes completion of studies and if
required by the results of these studies,
subsequent remediation. Following completion of
any such required additional remediation, it will
be necessary to obtain Environmental Protection
Agency approval to close the site, which consent
may require subsequent post-closure activities
such as groundwater monitoring and site
maintenance for many years. The Company is not
able to estimate the final costs for any such
additional remedial work or post-closure costs
that may be required; however, the Company
believes that its proportionate share of
expenditures for any additional work will not have
a material impact on the Company's financial
statements. In addition, the members of the
Funding Group have entered into a final cost
sharing agreement under which all parties have
agreed that there would be no re-allocation of
previous remediation costs, but that future
remediation costs would be established by a
formula. Under this agreement, the Company's
share of future costs is 17.5%.
In 1996, the Company settled a class action
lawsuit involving alleged personal injury and
property damage arising from the Walker, La.
reclamation site. Under the terms of the
settlement, the Company has paid approximately
$6.0 million into a settlement fund. The Company
also agreed to pay up to an additional $6.0
million (plus interest at 8% per annum) if the
plaintiffs are unsuccessful in collecting certain
claims under Avondale's insurance policies that
have been assigned to the plaintiff class under
the settlement agreement. During the first quarter
of 1997, certain remaining parties to the
<PAGE>
litigation, including Avondale's insurers, reached
a tentative settlement, pursuant to which
Avondale's insurers agreed to pay the plaintiffs
an amount in excess of the $6.0 million (plus
interest) for which Avondale was responsible in
full and final satisfaction of the plaintiff's
claims against Avondale and Avondale would be
released from liability. The tentative settlement
agreement is subject to a fairness review by the
trial court. With respect to the potential
contingent liability of the Company to pay
additional sums if the tentative settlement is not
approved by the court, management believes that
the eventual resolution of this matter will not
have a material adverse effect on the Company's
results of operations, financial position or cash
flows.
Furthermore, the Company has initiated
litigation against its insurer for a declaration
of coverage of the liability, if any, that may
arise in connection with the remediation of the
site referred to above. The court has ruled that
the insurer has the duty to defend the Company,
but has not yet ruled on whether the carrier has a
duty to indemnify the Company if any liability is
ultimately assessed against it. After consultation
with counsel, the Company is unable to predict the
eventual outcome of this litigation or the degree
to which such potential liability would be
indemnified by its insurance carrier.
In addition to the above, the Company is also
named as a defendant in other lawsuits and
proceedings arising in the ordinary course of
business, some of which involve substantial
claims.
The Company has established accruals as
appropriate for certain of the matters discussed
above. While the ultimate outcome of lawsuits and
proceedings against the Company cannot be
predicted with certainty, management believes,
based on current facts and circumstances and after
review with counsel, that, the eventual resolution
of these matters is not expected to have a
material adverse effect on the Company's financial
statements.
Item 4. Submission of Matters to a Vote of
Security Holders.
The Company did not submit any matters to a
vote of security holders during the fourth quarter
of its fiscal year ended December 31, 1996.
<PAGE>
PART II
Item 5. Market for Registrant's Common Equity
and Related Stockholder Matters.
The Company's common stock trades on the
Nasdaq National Market tier of the Nasdaq Stock
Market under the symbol AVDL. The following table
sets forth the range of high and low per share
sales prices, as reported by the Nasdaq National
Market, for the periods indicated.
<TABLE>
<CAPTION>
Fiscal Year Ended December 31, High Low
---- ---
<S> <C> <C>
1995
First Quarter $ 8 1/8 $ 7 1/8
Second Quarter $ 9 1/4 $ 7
Third Quarter $ 15 7/8 $ 8 1/8
Fourth Quarter $ 16 3/8 $ 12 3/4
1996
First Quarter $ 18 1/8 $ 14
Second Quarter $ 20 1/8 $ 16 7/8
Third Quarter $ 19 1/8 $ 13 7/8
Fourth Quarter $ 22 $ 16 1/4
</TABLE>
At December 31, 1996, there were 760 holders
of record of the Company's Common Stock.
The Company does not currently pay dividends
on its Common Stock and no dividends were
paid on the Company's Common Stock during the
two years ended December 31, 1996. As
discussed in Note 4 of the Notes to
Consolidated Financial Statements, the terms
of the Company's revolving credit agreement
limit or restrict, without bank approval, the
payment of cash dividends.
<PAGE>
Item 6.Selected Consolidated Financial Data.
The following table contains selected consolidated
financial data for the Company and its subsidiaries for
each of the fiscal years in the five-year period ended
December 31, 1996. The data for each of the fiscal
years in the five-year period ended December 31, 1996
are derived from the consolidated financial statements
of the Company and its subsidiaries. The consolidated
financial statements as of December 31, 1995 and 1996,
and for each of the years in the three-year period
ended December 31, 1996, and the report of Deloitte &
Touche LLP thereon, have been included in this Form 10-K.
<TABLE>
<CAPTION>
Years Ended December 31,
---------------------------------------------------
(in thousands, except per share data)
1992 1993 1994(2) 1995(2) 1996(2)
------- ------- ------- ------- ------
<S> <C> <C> <C> <C> <C>
INCOME STATEMENT DATA:(1)
Continuing operations:
Net sales $576,384 $456,724 $475,810 $576,308 $624,929
Gross profit 37,796 33,180 47,485 58,671 81,827
Income from operations 7,281 3,400 16,949 26,548 36,790
Net ESOP contribution(3) 8,141 --- --- --- ---
Income (loss) from
continuing operations (11,321) (5,233) 13,075 28,180 30,795
Income (loss) from
discontinued operations 104 (3,561) (4,552) --- ---
Net income (loss)(4) (11,217) (8,794) 8,523 28,180 30,795
Income (loss) per share of
Common Stock:
Continuing operations (0.78) (0.36) 0.90 1.95 2.13
Discontinued operations NM (0.25) (0.31) --- ---
Total (0.78) (0.61) 0.59 1.95 2.13
BALANCE SHEET DATA:
Working capital $63,158 $24,565 $34,836 $80,988 $119,475
Total assets 346,196 302,139 273,503 316,727 362,872
Long-term debt 90,469 43,848 45,875 60,593 54,866
Shareholders' equity 123,149 114,355 122,878 151,058 181,853
OTHER FINANCIAL DATA:
EBITDA(5) $19,599 $15,210 $28,501 $36,367 $ 47,599
OPERATIONAL DATA:
Firm backlog $678,000 $1,268,000 $1,424,000 $1,413,000 $1,766,000
</TABLE>
____________________
NM Not Meaningful
(1) Income statement data for the years ended December 31, 1992
and 1993 have been restated to present Avondale's service
contracting subsidiary as discontinued operations (see Note
5 of the Notes to Consolidated Financial Statements).
(2) See "Management's Discussion and Analysis of Financial
Condition and Results of Operations" and the Notes to
Consolidated Financial Statements relating to, among other
things, (i) proceeds received by the Company from the
settlements of REAs in December 1995 and (ii) the impact of
revisions of estimated profit on a previously completed
<PAGE>
shipbuilding contract in 1994, 1995 and 1996.
(3) The amounts reflected as Net ESOP contributions for 1992
reflect contributions made by the Company to the ESOP, all
of which were returned to the Company as repayments of
indebtedness owed by the ESOP to the Company incurred in
connection with the purchase by the ESOP of the Common Stock
of the Company in 1985. Although these contributions were
charged against income, they had no effect on shareholders'
equity.
(4) Net income for the years ended December 31, 1995 and 1996
include deferred income tax benefits of $13.0 million ($.90
per share) and $9.0 million ($.62 per share), respectively,
attributable to certain net operating loss carry forwards
available to offset estimated future taxable earnings. See
"Management's Discussion and Analysis of Financial Condition
and Results of Operations."
(5) As used herein, EBITDA is income (loss) from operations plus
depreciation and amortization. EBITDA is frequently used by
securities analysts and is presented here to provide
additional information about the Company's operations.
EBITDA is not a calculation under generally accepted
accounting principles and should not be considered as an
alternative to net income as a measure of the Company's
operating performance or as an alternative to cash flows as
a measure of the Company's liquidity.
Item 7: Management's Discussion and Analysis of
Financial Condition and Results of Operations
The following discussion should be read in
conjunction with Avondale Industries, Inc.'s (the
"Company" or "Avondale") Consolidated Financial
Statements and Notes thereto included elsewhere in
this Form 10-K.
Overview
The improvement in the Company's operating
results continued during fiscal 1996 with the
Company reporting record financial results for
1996. Net sales were 8% above the prior year's
level, income from continuing operations before
income taxes increased 45% and net income
increased by 9% compared to fiscal 1995.
The Company's firm backlog at December 31,
1996 was approximately $1.8 billion (including
estimated contract escalation) exclusive of
unexercised options aggregating $1.1 billion held
by the U.S. Navy (the "Navy") for additional ship
orders (including estimated contract escalation).
Firm backlog includes two Navy contracts awarded
in 1996, the first of which was the exercise of a
previously awarded option to construct an
additional Sealift ship for approximately $211.1
million (or more than $240 million after
considering certain additional components and
reimbursable escalation). The exercise of this
option represents the fifth ship which the Company
<PAGE>
has been awarded in the Sealift program. The Navy
holds an option for an additional Sealift ship
which is exercisable in 1997.
In December 1996, the U.S. Navy awarded a
contract to build the first ship of its new class
of LPD-17 vessels to an alliance led by the
Company. In addition, the alliance was awarded
options, exercisable by the U.S. Navy, for two
additional ships of the LPD-17 class. It is
expected that a total of 12 vessels will be built
under the LPD-17 program. The members of the
alliance, Bath, Hughes and the Company submitted a
joint bid with the Company as the prime
contractor. Under the terms of an agreement
between the alliance members, the Company will
build the vessel covered by the December 1996
contract, and if the U.S. Navy exercises the two
options, the Company would also construct the
second and Bath would construct the third of the
three LPD-17 vessels. Hughes will be responsible
for total ship integration and the alliance will
use Intergraph technology for the design and
manufacture of the ship. In order to fairly
represent its role as the prime contractor under
the LPD-17 contract, the Company is required to
report in its financial statements the entire
contract amount for each vessel in the LPD-17
program constructed by the alliance as revenue.
Under the subcontracting agreements entered into
between the Company and each of Bath and Hughes,
the award fees that can be earned under the LPD-17
contract are distributable among the alliance
members in proportion to each member's performance
and participation in the construction of the
vessel for which the award was granted. To the
extent that the Company's revenues include costs
incurred by and award fees paid to the other
alliance members, the Company's profit margins
will be reduced. For additional information on
the terms of the LPD-17 contract award, the
relationship between the members of the alliance
and certain accounting considerations, see
"Business - Overview."
Vessel deliveries in fiscal 1996 included the
third of three LSD-CVs and a double-hulled T-AO
representing the 16th vessel built by the Company
since the program's inception in 1982. These
deliveries represent the completion of
construction on two multi-ship programs which
provided a significant portion of the Company's
workload over the past several years.
Additionally, the Company delivered the third of
four MHC-51 vessels in 1996, and in January 1997,
the Company delivered the fourth and final vessel
under the contract.
The Company's operating results projected for
1997 are expected to be related principally to the
LSD-CV 52, the Sealift ship contracts and the
<PAGE>
Icebreaker, while results projected for 1998 are
expected to reflect primarily the Sealift and
Icebreaker contracts. Except for the LPD-17
contract, the Company records profits under the
percentage-of-completion method of accounting
based on direct labor charges. See "Business -
Overview." Although the Company generally does
not begin to record profits on its contracts until
contract performance is sufficient to estimate
final results with reasonable accuracy, actual
profits taken with respect to such contracts may
be affected if the Company is required in the
future to revise its estimate of the cost to
complete one or more of such contracts.
As previously disclosed, certain of the
Company's operations closed in 1994 with the
completion of their respective contracts. One of
these facilities was sold in December 1996, and
the other is currently offered for sale. With
respect to the remaining property, the Company
currently is not aware of any material
environmental liabilities to be incurred for site
restoration, post closure monitoring commitments
or other exit costs.
Results of Operations
1996 vs. 1995. The Company recorded net
income of $30.8 million, or $2.13 per share, for
1996 compared to $28.2 million, or $1.95 per
share, for 1995 representing an increase of 9% in
net income over the prior year. Net income for
1996 and 1995 include income tax benefits of $9.0
million, or $0.62 per share, and $13.0 million, or
$0.90 per share, respectively, as discussed below.
Also included in 1996 and 1995 net income are $4.4
million, or $0.30 per share, and $4.5 million, or
$0.31 per share, respectively, reductions of a
previously recognized loss which was recorded in
prior years on the contract to construct three
LSD-CVs. The reductions were due primarily to
revisions of the total estimated contract cost as
it neared completion.
In addition to the improvements on the three
LSD-CV contract, the increases in the Company's
operating results in 1996 reflect improved
operating profits recognized on the seven T-AO
contract, which was completed in 1996, and the
LSD-CV 52 contract. In addition, the Company
began profit recognition on the contract to
construct five Strategic Sealift vessels for the
Navy. Also contributing to the increase in
operating results for 1996 were operating profits
of $8.2 million recorded by the Company's marine
repair, modular construction and wholesale steel
operations.
These profits were offset, in part, by losses
recorded on two commercial marine construction
contracts. The Company recognized an $8.5 million
<PAGE>
loss on the contract to construct river hopper
barges, primarily representing costs incurred in
connection with the Company's entry into this
competitive market. In addition, the Company
recorded a $20 million loss with respect to the
contract to retrofit four single-hull commercial
tankers with new double hulls. This loss resulted
from several factors, the most important of which
related to certain modifications to the hull
design that were required in order to comply with
American Bureau of Shipbuilding standards after
construction had been commenced by the Company in
order to respond to a significantly compressed
construction schedule caused by the customer's
delay in obtaining financing. In addition, this
project was commenced prior to the time that the
Company's new automated production facility had
become fully operational, and therefore did not
benefit from the efficiencies which would have
been realized from the completed factory.
Finally, the pre-delivery testing of the first
vessel revealed a condition which required certain
modifications causing the Company to incur
incremental costs.
The impact of these losses was mitigated by
the fact that these contracts absorbed a
substantial amount of operating expenses that
would otherwise have been allocated to other
contracts. In addition, these contracts have been
important in the Company's reemergence in the
competitive commercial tanker and barge markets.
The tanker contract has also enabled the Company
to construct four forebodies which are patterned
after the forebody of Avondale's standard tanker,
providing experience in constructing this portion
of the vessel, enabling the Company to refine the
design and production techniques, and furthering
the Company's progress toward achieving its stated
goal of a more balanced mix of military and
commercial work. The first double-hull tanker was
delivered on October 3, 1996 while the second hull
was delivered January 16, 1997. The remaining
vessels are scheduled to be delivered in May and
September 1997.
The Company's net sales in 1996 increased
$48.6 million, or 8%, as compared to the prior
year. The increase in 1996 net sales was due
primarily to increases in sales revenues
recognized on the contracts to construct the first
five Sealift ships, the Icebreaker and the
forebodies for four double-hulled product tankers,
which collectively accounted for 63% of the
Company's 1996 net sales revenue. The increase in
net sales was partially offset by reductions in
sales revenues recognized on the contracts to
construct the three LSD-CVs (the last of which was
delivered in March 1996), LSD-CV 52 (scheduled for
completion in November 1997), the seven T-AOs (the
<PAGE>
last of which was delivered in May 1996) and four
MHCs (the third of which was delivered in July
1996 and the last of which was delivered in
January 1997). The increase in 1996 net sales was
also partially offset by reduced net sales
recorded on paddle-wheeled gaming vessels (the
last of which was delivered in 1995). The
contracts to construct the three LSD-CVs, the LSD-
CV 52, the seven T-AOs and four MHCs collectively
accounted for 24% of the Company's 1996 net sales
revenue.
Gross profit for 1996 increased $23.2
million, or 39%, compared to 1995. The increase in
1996 gross profit was due primarily to profits
recognized on the contract to construct the LSD-CV
52 and the seven T-AOs. Also contributing to the
increase in gross profit was the start of profit
recognition on the contract to construct the
Strategic Sealift vessels. The increase in gross
profit was partially offset by the losses recorded
on the barge and forebodies contracts discussed
above.
Selling, general and administrative ("SG&A")
expenses increased $12.9 million, or 40%, for 1996
compared to 1995. The overall increase in SG&A
expenses was due primarily to increased labor
costs, professional fees and computer equipment
rental costs associated with the Company's
successful LPD-17 proposal. These increases
represent 76% of the increase in 1996 SG&A
expenses.
The Company's 1996 and 1995 operating results
include income tax benefits of $9.0 million, or
$0.62 per share, and $13.0 million, or $0.90 per
share, respectively. As further discussed in Note
7 of the Notes to Consolidated Financial
Statements, these amounts were principally the
result of recognizing, for financial reporting
purposes, income tax benefits from certain net
operating loss carry forwards available to offset
estimated future taxable earnings. In 1996 and
1995, the $9.0 million and $13.0 million
respective tax benefits were offset by income tax
provisions of $12.7 million and $8.6 million
related to 1996 and 1995 operating results,
respectively. As of December 31, 1996,
substantially all of the Company's net operating
loss carry forwards have been recognized for
financial reporting purposes.
Statement of Financial Accounting Standards
No. 123, "Accounting for Stock-Based
Compensation," ("SFAS 123") encourages, but does
not require, companies to record compensation cost
for stock-based employee compensation plans at
fair value. The Company has chosen to continue to
account for stock-based compensation using the
<PAGE>
intrinsic value method prescribed in Accounting
Principles Board Opinion No. 25, "Accounting for
Stock Issued to Employees," and related
interpretations and has adopted the disclosure-
only provisions of SFAS 123. Implementation of
the provisions of SFAS 123 had no material effect
on the financial statements.
1995 vs. 1994. The Company recorded net
income of $28.2 million, or $1.95 per share, for
1995 compared to $8.5 million, or $0.59 per share,
for 1994 representing a threefold increase in net
income over the prior year. The 1995 net income
includes a $4.4 million, or $0.30 per share, net
income tax benefit (discussed below). Also
included in 1995 net income is $4.5 million, or
$0.31 per share, which is a reduction of a
previously recognized loss which was recorded in
prior years on the contract to construct three
LSD-CVs. The reduction was due primarily to a
revision of the total estimated contract cost as
it nears completion. Included in net income for
1994 are a $3.5 million, or $0.24 per share, net
gain related to revisions of estimated contract
profits on several previously completed
shipbuilding contracts and a loss from
discontinued operations of $4.6 million, or $0.31
per share, reflecting the Company's decision in
1994 to discontinue its service contracting
business.
The significant increases in the Company's
operating results in 1995 primarily reflect
increased operating profits recognized on the
LSD-CV 52 contract, as well as the reversal of
part of a previously recognized loss on the
contract to construct three LSD-CVs, and the
recognition of operating profit on the T-AO
contract. Also contributing to the increase in
operating results for 1995 were profits recorded
by the Company's marine repair and wholesale steel
operations and an increase in interest income
primarily resulting from an increase in the
Company's invested cash balances.
The Company's net sales in 1995 increased
$100.5 million, or 21%, as compared to the prior
year. The increase in 1995 net sales was due
primarily to increases in sales revenues
recognized on the contracts to construct the first
three Sealift ships, the forebodies for four
double-hulled product tankers, the LSD-CV 52 and
the Icebreaker, which collectively accounted for
54% of the Company's 1995 net sales revenue. The
increase in net sales was partially offset by
reductions in sales revenues recognized on the
contracts to construct the seven T-AOs (the fifth
and sixth of which were delivered in 1995), three
LSD-CVs (the second of which was delivered in
<PAGE>
1995) and four MHCs (the first of which was
delivered in 1995), as these contracts approach
completion. The contracts to construct the T-AOs,
three LSD-CVs, and four MHCs collectively
accounted for 28% of the Company's 1995 net sales
revenue.
Gross profit for 1995 increased $11.2
million, or 24%, compared to 1994. The increase in
1995 gross profit was primarily due to profits
recognized on the contract to construct the LSD-CV
52 as the percentage of completion was sufficient
to begin profit recognition in 1995.
Selling, general and administrative ("SG&A")
expenses increased $1.6 million, or 5%, for 1995
compared to 1994. The overall increase in SG&A
expenses primarily reflected increased operating
activity at the Company's main shipyard and, in
part, an increase in indirect labor and associated
costs resulting from a wage increase given in
January 1995 to all employees. These increases in
SG&A expenses were partially offset by a decrease
in SG&A expenses resulting from the closing of
certain subsidiary operations.
Interest expense increased by $457,000, or
10%, in 1995 as compared to 1994. The increase was
due principally to interest expense associated
with the $17.8 million Title XI financing
completed in February 1995 (as discussed below),
$36.3 million of Series 1994 industrial revenue
bonds (see Note 4 of the Notes to Consolidated
Financial Statements) and a note issued as part of
a litigation settlement (discussed in Note 10 of
the Notes to Consolidated Financial Statements).
These increases were partially offset by an
increase in interest capitalized on assets under
construction relating primarily to the
modernization project.
The Company's 1995 operating results include
a net income tax benefit of $4.4 million, or $0.30
per share. As further discussed in Note 7 of the
Notes to Consolidated Financial Statements, the
net income tax benefit is principally the result
of recognizing, for financial reporting purposes,
a $13.0 million income tax benefit from certain
net operating loss carry forwards available to
offset estimated future taxable earnings. The
$13.0 million tax benefit was partially offset by
an income tax provision of $8.6 million related to
1995 operating results. There was a minor
provision for income taxes in the same period in
1994 as an income tax benefit related to available
net operating loss carry forwards was recognized
only to the extent of then current operating
results.
Liquidity and Capital Resources
<PAGE>
The Company's cash and cash equivalents
totaled $48.9 million at December 31, 1996 as
compared to $38.5 million at December 31, 1995.
Contributing to the improved cash balance at
December 31, 1996 were amounts collected as a
result of the settlement of the Company's Request
for Equitable Adjustment ("Minehunter REA") filed
with the U.S. Navy related to the four MHCs
currently under contract (as discussed in further
detail in Note 2 of the Notes to Consolidated
Financial Statements). The Company's operating
activities represented a significant source of
cash in 1996, generating approximately $26.7
million. The Company's primary uses of cash in
the current year consisted of capital expenditures
of $13.8 million and principal payments on long-
term borrowings of $5.8 million.
The Company's $42.5 million revolving credit
agreement ("the agreement") provides available
liquidity for working capital purposes, capital
expenditures and letters of credit. At December
31, 1996, there were approximately $11.3 million
of letters of credit issued against the agreement
leaving approximately $31.2 million of liquidity
available to Avondale for operations and other
purposes. Continuing access to the agreement is
conditioned upon the Company remaining in
compliance with the covenants which include
certain financial ratios. At December 31, 1996
the Company was in compliance with the covenants
contained therein. The Company believes that its
capital resources will be sufficient to finance
current and projected operations.
In order to comply with the terms of the LPD-
17 contract, the Company will make significant
capital expenditures, particularly to enhance its
computer-aided design and product modeling
capabilities. The Company currently has
sufficient cash and available lines of credit to
fund these capital expenditures. Nevertheless,
the Company and its banks agreed to increase the
size of its revolving credit agreement from $42.5
million to $85 million conditioned upon the
favorable resolution of the protest of the LPD-17
contract (which resolution is anticipated in early
April 1997). The increase in the size of the
agreement is sufficient to allow the Company to
fund the expenditures on an interim basis with
borrowings under the agreement while preserving
the current level of available liquidity. The
amended agreement provides that the available
credit under the agreement will be reduced to
approximately $50 million once a long-term
financing for the LPD-17 expenditures is in place
(as discussed below) and, at the same time, the
banks have agreed to eliminate all collateral
except their second mortgage on the Company's 900-
foot floating drydock. In addition, the amended
agreement would extend the expiration date until
April 2000.
<PAGE>
Under planned long-term financing for the
LPD-17 expenditures, the Company, in conjunction
with the University of New Orleans (the
"University"), and the University of New Orleans
Research and Technology Foundation (the
"Foundation"), intends to construct a 200,000
square foot building on property owned by the
Company adjacent to the Company's main shipyard.
In addition, the plan includes the purchase of the
hardware and software required to comply with the
LPD-17 contract terms related to the
implementation of the extensive three-dimensional
ship design and IPDE teaming technology. The
initial investment in this new facility, which
will be known as the "UNO/Avondale Maritime
Technology Center of Excellence," is estimated at
$40 million, and will be financed by the
Foundation using third-party debt or lease
financing to be repaid through annual
appropriations from the state and guaranteed by
the Company. The Company will enter into a long-
term lease for the Center requiring only a nominal
lease payment. The Company will guarantee the
debt and provide access to the technology and a
portion of the Center to the University for their
use in research and the development of educational
curricula. The Company and the University are in
the process of securing the required approvals.
Development of the Center and the requisite state
support are contingent on the successful
resolution of the LPD-17 protest.
The Company's estimated net operating loss
carry forward for income tax purposes was $29
million at December 31, 1996. This amount, plus
available income tax credits from prior years of
$5.4 million, and $2.7 million of alternative
minimum tax credits will be used to reduce the
income tax liabilities for 1997 and later years.
The $1.76 million cash paid in 1996 for income
taxes reflects payments for alternative minimum
tax. The net operating loss carry forwards expire
in years 2006 through 2008 and the tax credit
carry forwards expire in years 2000 through 2011.
The alternative minimum tax credits may be carried
forward indefinitely. The Company expects that
a "change of control" of the Company for tax
purposes is likely to occur in 1997 which may
limit the timing of the Company's use of its net
operating loss carry forwards in 1997 and later
years.
Item 8: Financial Statements and Supplementary Data.
See next consecutive numbered page.
<PAGE>
INDEPENDENT AUDITORS' REPORT
To the Board of Directors and Shareholders
of Avondale Industries, Inc.:
We have audited the accompanying consolidated
balance sheets of Avondale Industries, Inc. and
subsidiaries as of December 31, 1995 and 1996, and
the related consolidated statements of operations,
shareholders' equity, and cash flows for each of
the three years in the period ended December 31,
1996. These financial statements are the
responsibility of the Company's management. Our
responsibility is to express an opinion on these
financial statements based on our audits.
We conducted our audits in accordance with
generally accepted auditing standards. Those
standards require that we plan and perform the
audit to obtain reasonable assurance about whether
the financial statements are free of material
misstatement. An audit includes examining, on a
test basis, evidence supporting the amounts and
disclosures in the financial statements. An audit
also includes assessing the accounting principles
used and significant estimates made by management,
as well as evaluating the overall financial
statement presentation. We believe that our
audits provide a reasonable basis for our opinion.
In our opinion, such consolidated financial
statements present fairly, in all material
respects, the financial position of Avondale
Industries, Inc. and subsidiaries at December 31,
1995 and 1996, and the results of their operations
and their cash flows for each of the three years
in the period ended December 31, 1996 in
conformity with generally accepted accounting
principles.
/s/ Deloitte & Touche LLP
DELOITTE & TOUCHE LLP
New Orleans, Louisiana
February 17, 1997
<PAGE>
AVONDALE INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED BALANCE SHEETS
(dollars in thousands)
<TABLE>
<CAPTION>
December 31,
------------------
ASSETS 1995 1996
-------- -------
<S> <C> <C>
Current Assets:
Cash and cash equivalents $ 38,524 $ 48,944
Receivables (Note 2) 93,184 119,139
Inventories (Note 3) 15,289 21,785
Deferred tax assets (Note 7) 23,650 30,157
Prepaid expenses and other current assets 2,946 2,465
------- -------
Total current assets 173,593 222,490
------- -------
Property, Plant and Equipment (Note 4):
Land 9,161 7,984
Buildings and improvements 59,991 59,598
Machinery and equipment 182,547 187,029
------- -------
Total 251,699 254,611
Less accumulated depreciation (121,661) (127,009)
------- -------
Property, plant and equipment - net 130,038 127,602
------- -------
Goodwill - net 8,637 8,073
Other assets 4,459 4,707
------- -------
TOTAL ASSETS $316,727 $362,872
======= =======
<CAPTION>
LIABILITIES AND SHAREHOLDERS' EQUITY
------------------------------------
<S> <C> <C>
Current Liabilities:
Current maturities of
long-term debt (Note 4) $ 5,062 $ 4,957
Accounts payable 65,517 73,589
Accrued employee compensation 10,777 11,630
Other 11,249 12,839
------- -------
Total current liabilities 92,605 103,015
Long-term debt (Note 4) 60,593 54,866
Deferred income taxes (Note 7) 850 10,300
Other liabilities and deferred credits 11,621 12,838
------- -------
Total liabilities 165,669 181,019
------- -------
Commitments and Contingencies (Notes 6 and 10)
SHAREHOLDERS' EQUITY (Note 9):
Common stock, $1.00 par value;
authorized - 30,000,000 shares;
issued - 5,927,191 shares in 1995
and 1996 15,927 15,927
Additional paid-in capital 373,911 373,911
Accumulated deficit (226,924) (196,129)
------- -------
Total 162,914 193,709
Treasury stock (1,463,016 shares in 1995
and 1996) at cost (11,856) (11,856)
------- -------
Total shareholders' equity 151,058 181,853
------- -------
TOTAL LIABILITIES AND
SHAREHOLDERS' EQUITY $316,727 $362,872
======= =======
</TABLE>
See Notes to Consolidated Financial Statements.
<PAGE>
AVONDALE INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF OPERATIONS
(in thousands, except per share data)
<TABLE>
<CAPTION>
Years ended December 31,
--------------------------------
1994 1995 1996
------- ------- -------
<S> <C> <C> <C>
Continuing operations:
Net sales (Note 2) $475,810 $576,308 $624,929
Cost of sales 428,325 517,637 543,102
------- ------- -------
Gross profit 47,485 58,671 81,827
Selling, general and administrative
expenses 30,536 32,123 45,037
------- ------- -------
Income from operations 16,949 26,548 36,790
Interest expense (4,385) (4,842) (4,986)
Other - net 811 2,074 2,691
------- ------- -------
Income from continuing operations
before income taxes 13,375 23,780 34,495
Income taxes (Note 7) 300 (4,400) 3,700
------- ------- -------
Income from continuing operations 13,075 28,180 30,795
------- ------- -------
Discontinued operations (Note 5):
Loss from discontinued operations (1,909) -- --
Disposal costs (2,643) -- --
------- ------- -------
Loss from discontinued operations (4,552) -- --
------- ------- -------
NET INCOME $ 8,523 $ 28,180 $ 30,795
======= ======= =======
Income (Loss) per share of
common stock (Note 9):
Continuing operations $ 0.90 $ 1.95 $ 2.13
Discontinued operations (0.31) -- --
------- ------- -------
INCOME PER SHARE OF COMMON STOCK $ 0.59 $ 1.95 $ 2.13
======= ======= =======
Weighted average number of
shares outstanding 14,464 14,464 14,464
======= ======= =======
</TABLE>
See Notes to Consolidated Financial Statements.
<PAGE>
AVONDALE INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF SHAREHOLDERS' EQUITY
Years ended December 31, 1994, 1995 and 1996
(in thousands)
<TABLE>
<CAPTION>
Additional Total
Common Paid-In Accumulated Treasury Shareholders'
Stock Capital Deficit Stock Equity
--------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
BALANCE, JANUARY 1, 1994 $ 15,927 $373,911 $(263,627) $(11,856) $114,355
Net income 8,523 8,523
--------------------------------------------------------------
BALANCE, DECEMBER 31, 1994 15,927 373,911 (255,104) (11,856) 122,878
Net income 28,180 28,180
--------------------------------------------------------------
BALANCE, DECEMBER 31, 1995 15,927 373,911 (226,924) (11,856) 151,058
Net Income 30,795 30,795
--------------------------------------------------------------
BALANCE, DECEMBER 31, 1996 $ 15,927 $373,911 $(196,129) $(11,856) $181,853
==============================================================
</TABLE>
See Notes to Consolidated Financial Statements.
<PAGE>
AVONDALE INDUSTRIES, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF CASH FLOWS
(in thousands)
<TABLE>
<CAPTION>
Years ended December 31,
----------------------------
1994 1995 1996
------- ------- -------
<S> <C> <C> <C>
CASH FLOWS FROM OPERATING ACTIVITIES:
Net income $ 8,523 $28,180 $30,795
Adjustments to reconcile net income to net
cash provided by operating activities:
Depreciation and amortization 11,552 9,819 10,809
Deferred income taxes -- (5,900) 3,700
(Gain) loss on sale of assets -- (813) 3,135
Change in operating assets and liabilities,
net of dispositions:
Receivables 45,542 (9,674) (25,955)
Inventories (2,500) 296 (6,496)
Prepaid expenses and other current assets (1,251) 3,429 98
Accounts payable 4,120 4,600 8,072
Accrued employee compensation 596 (2,171) 853
Other - net 2,546 229 1,690
------- ------- -------
Net cash provided by operating activities 69,128 27,995 26,701
------- ------- -------
CASH FLOWS FROM INVESTING ACTIVITIES:
Capital expenditures (5,120) (21,290) (13,830)
Proceeds from sale of assets -- 3,248 2,998
Change in restricted short-term investments - net (1,811) 1,243 383
Payment to former corporate parent (5,000) -- --
------- ------- -------
Net cash used for investing activities (11,931) (16,799) (10,449)
------- ------- -------
CASH FLOWS FROM FINANCING ACTIVITIES:
Payment of long-term borrowings (81,228) (5,866) (5,832)
Proceeds from issuance of
long-term borrowings (Note 4) 36,250 17,780 --
------- ------- -------
Net cash (used for) provided by
financing activities (44,978) 11,914 (5,832)
------- ------- -------
NET INCREASE IN CASH AND CASH
EQUIVALENTS 12,219 23,110 10,420
CASH AND CASH EQUIVALENTS AT
BEGINNING OF YEAR 3,195 15,414 38,524
------- ------- -------
CASH AND CASH EQUIVALENTS AT
END OF YEAR $15,414 $38,524 $48,944
======= ======= =======
SUPPLEMENTAL CASH FLOW DISCLOSURES:
Cash paid during the year for:
Interest (net of amounts capitalized) $ 4,537 $ 5,255 $ 5,207
======= ======= =======
Income taxes paid $ 945 $ 1,760
======= =======
Noncash investing and financing activities:
Note issued in litigation settlement $ 2,000
=======
Note issued to former corporate parent $ 8,000
=======
</TABLE>
See Notes to Consolidated Financial Statements.
<PAGE>
AVONDALE INDUSTRIES, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
1. Summary of Significant Accounting Policies
Principles of Consolidation
The consolidated financial statements include the accounts
of Avondale Industries, Inc. and its wholly-owned subsidiaries
("Avondale" or the "Company") which are primarily engaged in
marine construction and repair. All significant intercompany
transactions have been eliminated.
Revenue Recognition
Profits on long-term contracts are recorded on the basis of
the Company's estimates of the percentage of completion of
individual contracts, commencing when progress reaches a point
where contract performance is sufficient to estimate final
results with reasonable accuracy. Estimates of the percentage
of completion are based on direct labor charges. Revisions in
cost and profit estimates during the course of the work are
reflected in the accounting period in which the facts requiring
the revisions become known. Amounts in excess of agreed upon
contract price for customer caused delays, disruptions,
unapproved change orders or other causes of additional contract
costs are recognized in contract value if it is probable that
the claim for such amounts will result in additional revenue
and the amount can be reasonably estimated (see Note 2).
Provisions for estimated losses, if any, on uncompleted
contracts are made in the period in which such losses are
determined.
Statements of Cash Flows
For purposes of the statements of cash flows, the Company
considers all highly liquid debt instruments purchased with a
maturity of three months or less to be cash equivalents.
Fair Value Disclosures
Statement of Financial Accounting Standards No. 107,
"Disclosures about Fair Value of Financial Instruments",
requires the disclosure of the fair value of all significant
financial instruments. The estimated fair value amounts have
been developed by the Company based on available market
information and appropriate valuation methodologies. However,
considerable judgment is required in developing the estimates
of fair value. Therefore, such estimates are not necessarily
indicative of the amounts that could be realized in a current
market exchange. After such analysis, management believes that
the carrying values of the Company's significant financial
instruments (consisting of cash and cash equivalents,
short-term investments, receivables, payables, accrued
liabilities and long-term debt) approximate fair values.
Inventories
Inventories are recorded principally at the lower of cost
<PAGE>
(average or first-in, first-out) or market.
Property, Plant and Equipment
Property, plant and equipment is stated at cost.
Depreciation of property, plant and equipment is computed in
the financial statements on the straight-line method based on
estimates of useful lives as follows:
<TABLE>
<CAPTION>
Type Period
---- ------
<S> <C>
Machinery and equipment 3-20 years
Buildings and improvements 15-40 years
</TABLE>
Accelerated depreciation methods are generally used for
income tax purposes. Maintenance and repairs are
charged directly to expense as incurred. Additions,
improvements and major renewals are capitalized.
Interest costs for the construction of certain
long-term assets are capitalized as part of the cost of
property, plant and equipment and amortized over the
related assets' useful lives. Interest costs
capitalized in fiscal 1994 were not material. Interest
costs capitalized in fiscal 1995 and 1996 approximated
$1.2 million and $759,000, respectively.
Goodwill
Goodwill represents the excess of the purchase price over
the underlying fair value of the net assets of acquired
businesses and is being amortized on a straight-line
basis over its estimated useful life of twenty years.
Management evaluates the continuing value and future
benefits of goodwill, including the appropriateness of
related amortization periods, on a current basis.
The recoverability of goodwill is assessed by determining
whether the unamortized balance can be recovered
through projected cash flows and operating results over
its remaining life. Any impairment of the asset is
recognized when it is probable that such future
undiscounted cash flows will be less than the carrying
value of the asset.
Accumulated amortization at December 31, 1995 and 1996
amounted to $74.5 million and $75.0 million,
respectively.
Income Taxes
The Company and its subsidiaries file a consolidated Federal
income tax return. Deferred income taxes are provided
in the financial statements, where necessary, to
account for the tax effect of temporary differences
resulting from reporting revenues and expenses for
income tax purposes in periods different from those
used for financial reporting purposes. The temporary
differences result principally from the use of
<PAGE>
different methods of accounting for depreciation,
long-term contracts and certain employee benefits.
Stock-Based Compensation
Statement of Financial Accounting Standards No. 123,
"Accounting for Stock-Based Compensation" ("SFAS 123")
encourages, but does not require, companies to record
compensation cost for stock-based employee compensation
plans at fair value. The Company has chosen to
continue to account for stock-based compensation using
the intrinsic value method prescribed in Accounting
Principles Board Opinion No. 25, "Accounting for Stock
Issued to Employees," and related interpretations and
has adopted the disclosure-only provisions of SFAS 123.
Accordingly, compensation cost for stock options is
measured as the excess, if any, of the quoted market
price of the Company's stock at the date of the grant
over the amount an employee must pay to acquire the
stock. See Note 9.
Use of Estimates
The preparation of financial statements in conformity with
generally accepted accounting principles requires
management to make estimates and assumptions that
affect the reported amounts of assets and liabilities
and disclosure of contingent assets and liabilities at
the date of the financial statements and the reported
amounts of revenues and expenses during the reporting
period. Actual results could differ from those
estimates.
Reclassifications
Certain reclassifications of prior year amounts have been
made to conform to the current year presentation. These
reclassifications were made for comparative purposes
only and have no effect on net income as previously
reported.
2. Receivables
Receivables consisted of the following at December 31,
1995 and 1996 (in thousands):
<TABLE>
<CAPTION>
1995 1996
------- -------
<S> <C> <C>
Long-term contracts:
U.S. Government:
Amounts billed $ 30,151 $ 859
Unbilled costs, including retentions,
and estimated profits on contracts
in progress 41,119 90,325
------- -------
Total 71,270 91,184
Commercial:
Amounts billed 4,364 7,274
Unbilled costs, including retentions,
and estimated profits on contracts
in progress 12,312 14,681
------- -------
Total from long-term contracts 87,946 113,139
Trade and other current receivables 5,238 6,000
------- -------
Total $ 93,184 $119,139
======= =======
</TABLE>
<PAGE>
Unbilled costs, including retentions, and estimated profits
on contracts in progress were not billable to customers at
the balance sheet dates under terms of the respective
contracts. Of the unbilled costs and estimated profits,
approximately $36.3 million is expected to be collected in
1997 with the balance to be collected in subsequent years as
contract deliveries are made and warranty periods expire.
Net sales to the United States Government in 1994, 1995, and
1996 account for approximately 77%, 74% and 77% of the net
sales, respectively.
In December 1995, the Company settled the Minehunter Request
for Equitable Adjustment ("Minehunter REA") for $23 million,
which approximated the previously recorded estimate of the
amount recoverable. In connection with the settlement of the
Minehunter REA in December 1995, the Company submitted
invoices totaling $30.7 million to the U.S. Navy, which
included certain contractual cost sharing and cost
escalation provisions which obligate the U.S. Navy to bear a
portion of the additional costs. The Company collected these
amounts in full during the first quarter of 1996.
Costs and estimated profits (losses) on contracts in
progress at December 31, 1995 and 1996 were as follows (in
thousands):
<TABLE>
<CAPTION>
1995 1996
--------- ---------
<S> <C> <C>
Costs incurred on contracts in progress $ 2,668,388 $ 3,026,965
Estimated profits recognized 49,287 92,080
Reserve for anticipated contract losses (34,500) (58,600)
--------- ---------
Total 2,683,175 3,060,445
Less billings to date (2,643,912) (2,956,710)
--------- ---------
Net value of contracts in progress $ 39,263 $ 103,735
========= =========
</TABLE>
Net value of contracts in progress was comprised of the
following amounts (in thousands):
<TABLE>
<CAPTION>
1995 1996
------- -------
<S> <C> <C>
Unbilled costs and estimated
profits on contracts in progress
(included in receivables) $ 53,431 $105,006
Billings in excess of costs and estimated
profits on contracts in progress
(included in accounts payable) (14,168) (1,271)
------- -------
Total $ 39,263 $103,735
======= =======
</TABLE>
<PAGE>
The reserve for anticipated contract losses of $34.5 million
and $58.6 million included in the net value of contracts in
progress at December 31, 1995 and 1996, respectively, is
related to certain contracts which are presently scheduled for
delivery through September 1997. In 1995 and 1996 the Company
recorded reductions of $4.5 million and $4.4 million,
respectively, of a previously recognized loss due primarily to
a revision of the total estimated contract cost as it nears
completion. Additionally, during 1996 the Company recorded a
$28.5 million increase in the reserve related to the contracts
to construct the four double-hulled forebodies and a series of
river hopper barges.
3. Inventories
Inventories consisted of the following at December 31, 1995
and 1996 (in thousands):
<TABLE>
<CAPTION>
1995 1996
------ ------
<S> <C> <C>
Goods held for sale $ 7,409 $13,184
Materials and supplies 7,880 8,601
------ ------
Total $15,289 $21,785
====== ======
</TABLE>
4. Financing Arrangements
Revolving Credit Agreement
The Company has available a two-year revolving credit
agreement ("the agreement") with various financial
institutions. The agreement provides for an available line of
credit equal to the lesser of $42.5 million or a specified
borrowing base with a term which in 1996 was extended to May
1998. A commitment fee based on the average daily amount of
the unused line of credit is payable on a quarterly basis.
Borrowings under the agreement bear interest at fluctuating
rates. The agreement is collateralized by substantially all of
the Company's working capital assets and its 900-foot floating
drydock and, among other things, (1) requires the Company to
meet certain financial covenants (relating to net worth, debt
coverage, interest coverage and backlog), (2) imposes
limitations and restrictions related to annual capital
expenditures, the incurrence of new indebtedness and the
payment of dividends and (3) requires compliance with the
terms and conditions of all other debt agreements. The
agreement also provides the Company with the right to require
the bank group to post letters of credit on the Company's
behalf in support of its operations which letters of credit
reduce the remaining available credit (see Note 10). There
were no borrowings in 1995 and 1996 under the revolving credit
agreement.
As a result of the award of the LPD-17 contract the Company
will be required to make significant capital expenditures.
The Company and its banks agreed to increase the size of the
<PAGE>
revolving credit agreement up to $85 million upon the
favorable resolution of a protest filed by the unsuccessful
bidder for the LPD-17 contract. The amended agreement
provides that the available credit will be reduced to
approximately $50 million once a long-term financing for the
LPD-17 expenditures is in place. The banks have also agreed
to eliminate all collateral except the second mortgage on the
900-foot floating drydock and to extend the agreement's
expiration until April 2000.
Long-Term Debt
Long-term debt consisted of the following at December 31, 1995
and 1996 (in thousands):
<TABLE>
<CAPTION>
1995 1996
------ ------
<S> <C> <C>
Industrial revenue bonds $36,250 $36,250
Mortgage bonds, interest at 8.16%,
payable in semi-annual principal
installments to 2010 17,780 16,594
Mortgage bonds, payable in semi-annual
principal installments to 2000 3,880 3,104
General obligation industrial bonds,
interest at 7%, payable in annual
installments to 2008 2,745 1,875
Other long-term debt 5,000 2,000
------ ------
Total 65,655 59,823
Less current maturities of long-term debt (5,062) (4,957)
------ ------
Long-term debt $60,593 $54,866
====== ======
</TABLE>
The $36.3 million of industrial revenue bonds represent
Series 1994 bonds which consist of (1) $6 million bearing
interest at 8.25% and payable in annual principal installments
ranging from $550,000 in 1997 to final payment of $985,000 in
2004 and (2) $30.3 million bearing interest at 8.50% and
payable in annual principal installments ranging from $340,000
in 1997 to final payment of $3.8 million in 2014. The Series
1994 bonds are secured by certain property and equipment which
had a net book value of approximately $21.2 million at
December 31, 1996. Among other things, the terms and
conditions of the Series 1994 bonds (1) require the Company to
meet certain financial covenants (relating to net worth, debt
and debt service coverage and liquidity), (2) impose
limitations and restrictions related to the incurrence of new
indebtedness and the payment of dividends, and (3) require
compliance with the terms and conditions of other specified
debt agreements.
The $16.6 million of mortgage bonds represent the remaining
balance of $17.8 million of bonds issued in February 1995 as
part of the financing of the Company's approximately $20
<PAGE>
million plant modernization effort. The bonds were issued
utilizing a U.S. Government guarantee under Title XI of the
Merchant Marine Act, 1936, as amended ("Title XI"), bear
interest at the annual rate of 8.16% and are payable in equal
semi-annual principal payments of $593,000 over a 15 year
period beginning in 1996. The terms of the financing include
various restrictive covenants including provisions relating to
the maintenance of working capital, incurrence of additional
indebtedness, and the maintenance of a minimum net worth. The
plant modernization assets having a net book value of
approximately $20.7 million at December 31, 1996 have been
pledged as collateral for these mortgage bonds.
The $3.1 million of mortgage bonds at December 31, 1996
represent the balance of an earlier mortgage bond issue which
also utilized a Title XI guarantee. The Company refinanced
these mortgage bonds in February 1995 (approximately $4.3
million) which reduced the annual interest rate from 9.30% to
7.86%. The refinancing agreement contains various restrictive
covenants similar to those for the $17.8 million of Title XI
mortgage bonds discussed above. These bonds are payable in
equal semi-annual principal payments of $388,000 and mature in
the year 2000. Property, plant and equipment having a net book
value of approximately $12.9 million at December 31, 1996 has
been pledged as collateral for these mortgage bonds.
Other long-term debt at December 31, 1996 represents a $2
million unsecured note issued as part of the settlement of
certain claims against the Company (as further discussed in
Note 10). The note bears interest at 8% per annum and is due
in January 1997.
Annual maturities of long-term debt for each of the next five
years and in total thereafter follow (in thousands):
<TABLE>
<S> <C>
1997 $ 4,957
1998 3,047
1999 3,137
2000 3,237
2001 2,571
Thereafter 42,874
------
Total $59,823
======
</TABLE>
5. Discontinued Operations
During the third quarter of 1994 the Company decided to
discontinue operation of its service
contracting subsidiary formed in 1990 to
pursue large-scale service contracts with
government and commercial operations. The
Company concluded that managerial and
financial resources could be more productively
invested in the Company's core marine
construction operations.
<PAGE>
The operating results for 1994 are reported as discontinued
operations. Summarized results are as follows (in thousands):
<TABLE>
<S> <C>
Net sales $13,520
Costs and expenses 15,429
------
Loss from discontinued operations (1,909)
Loss on disposal of discontinued operations (2,643)
------
Loss from discontinued operations $(4,552)
======
</TABLE>
6. Leases
The Company leases equipment and real property in the normal
course of business under various operating leases, including
non-cancelable and month-to-month agreements. Certain of the
leases provide for renewal privileges with escalation of the
lease payments based on changes in selected economic indices.
Rental expense for operating leases was $5.8 million, $6.3
million and $9.0 million in 1994, 1995 and 1996, respectively.
Minimum rental commitments under leases having an initial or
remaining noncancelable term in excess of twelve months follow
(in thousands):
<TABLE>
<S> <C>
1997 $2,811
1998 2,268
1999 1,240
2000 929
2001 92
------
Total $7,340
======
</TABLE>
7. Income Taxes
Income taxes are accounted for under Statement of
Financial Accounting Standards No. 109, "Accounting
for Income Taxes" ("SFAS 109") which requires the
use of the asset and liability approach for
financial accounting and reporting for income
taxes.
<PAGE>
The Company has provided for Federal income taxes as follows
(in thousands):
<TABLE>
<CAPTION>
1994 1995 1996
------- ------- -------
<S> <C> <C> <C>
Current provision $ 600 $ 1,500 $ 1,100
Deferred provision (benefit) (300) 7,100 11,600
Deferred benefit attributable to the
realization of net operating loss
carry forwards -- (13,000) (9,000)
------ ------- -------
Provision (benefit) for income taxes $ 300 $ (4,400) $ 3,700
====== ======= =======
</TABLE>
The provision (benefit) for income taxes varied from the
Federal statutory income tax rate due to the following (dollars in
thousands):
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------
1994 1995 1996
----------- ----------- -----------
Amount % Amount % Amount %
------ -- ------ -- ------ --
<S> <C> <C> <C>
Taxes at Federal statutory rate $ 3,088 35 $ 8,323 35 $12,409 35
Amortization of goodwill
not deductible 511 6 246 1 197 1
Net operating loss
carry forwards utilized -- -- (13,000) (55) (9,000) (25)
Settlement of prior year
tax examinations (3,200) (36) -- -- -- --
Other (99) ( 1) 31 -- 94 --
------- --- ------- --- ------- ---
Total $ 300 4 $ (4,400) (19) $ 3,700 11
======= === ======= === ======= ===
</TABLE>
At December 31, 1996 the Company has available for Federal
income tax purposes net operating loss carry forwards and tax
credit carry forwards of $29.0 million and $5.4 million,
respectively. The net operating loss carry forwards expire in
years 2006 through 2008 and the tax credit carry forwards
expire in the years 2000 through 2011. Additionally, the
Company has $2.7 million of minimum tax credits which may be
carried forward indefinitely.
Deferred income taxes represent the net tax effects of (a)
temporary differences between the carrying amounts of assets
and liabilities for financial reporting purposes and their tax
bases, and (b) operating loss and tax credit carry forwards. The
tax effects of significant items comprising the Company's net
deferred tax balances at December 31, 1995 and 1996 are as
follows (in thousands):
<PAGE>
<TABLE>
<CAPTION>
1995 1996
------- -------
<S> <C> <C>
Deferred Tax Liabilities:
Differences between book
and tax basis of property, plant and equipment $26,266 $24,753
Other 759 976
------- -------
Total 27,025 25,729
------- -------
Deferred Tax Assets:
Reserves not currently deductible 5,174 4,417
Long-term contracts 18,557 18,844
Other temporary differences 4,263 4,761
Operating loss carry forwards 24,334 10,211
Tax credit carry forwards 7,200 8,036
------- -------
59,528 46,269
Valuation Allowance (9,703) (683)
------- -------
Total 49,825 45,586
------- -------
Net deferred tax assets $22,800 $19,857
======= =======
</TABLE>
The net deferred tax assets are included in the following
balance sheet captions (in thousands):
<TABLE>
<CAPTION>
1995 1996
------- -------
<S> <C> <C>
Current deferred tax assets $23,650 $30,157
Non-current deferred income tax liabilities (850) (10,300)
------- -------
Net deferred tax assets $22,800 $19,857
======= =======
</TABLE>
During 1996, the deferred tax valuation allowance
decreased approximately $9.0 million as a result of the Company's
current year operating results and a re-evaluation of its
expectations of the likelihood of future operating income related
to its existing backlog.
8. Retirement Plans
ESOP
In 1985, the Company established the Avondale Industries,
Inc. Employee Stock Ownership Plan (the "ESOP"). The ESOP is a
qualified, defined contribution plan designed primarily to invest
in equity securities of the Company and is specifically
authorized to leverage its acquisition of these securities. The
ESOP is intended to cover all employees of the Company upon
completion of one year of service, except certain employees who
are covered by collective bargaining agreements, unless, by the
terms of such agreements, the employees are to participate in the
<PAGE>
ESOP. The ESOP owned approximately 6,822,000 and 2,980,000 shares
of the Company's Common Stock at December 31, 1995 and 1996,
respectively. In February 1996 the ESOP sold 3,581,100 shares of
the Company's common stock. The Company did not receive any of
the proceeds from this public offering.
Pension Plan
The Company also sponsors a defined benefit pension plan,
which is coordinated with the benefits payable to participating
employees in the ESOP. At retirement, a person's benefit is based
upon the greater of (i) the market value of the shares of common
stock allocated to the participant's ESOP account or (ii) the
benefit calculated under the pension plan formula. The pension
plan formula benefits are based on a defined dollar amount
multiplied by a fraction related to a participant's credited
service.
The net periodic pension cost for the years ended December
31, 1994, 1995 and 1996 included the following components (in
thousands):
<TABLE>
<CAPTION>
1994 1995 1996
------- ------- -------
<S> <C> <C> <C>
Service costs of the current period $ 3,400 $ 3,300 $ 3,700
Interest cost on the projected benefit obligation 3,800 4,200 3,700
Actual return on plan assets (2,700) (3,600) (4,600)
Net amortization of transition liability and
deferred investment (loss) gain (200) 300 (400)
------- ------- -------
Net periodic pension cost $ 4,300 $ 4,200 $ 2,400
======= ======= =======
</TABLE>
The following table sets forth the pension plan's estimated
funded status as of December 31, 1995 and 1996 (in thousands):
<TABLE>
<CAPTION>
1995 1996
------- -------
<S> <C> <C>
Projected benefit obligation:
Vested benefits $49,100 $38,800
Nonvested benefits 400 400
------- -------
Accumulated benefit obligation 49,500 39,200
Effect of projected future compensation levels 12,700 2,600
------- -------
Projected benefit obligation 62,200 41,800
Plan assets at market value 50,400 58,800
------- -------
Plan assets (less than) in excess of
projected benefit obligation (11,800) 17,000
Unrecognized net transition obligation 100 100
Unrecognized prior service costs (2,500) (2,100)
Unrecognized net loss (gain) 12,600 (14,500)
------- -------
(Pension liability) Prepaid pension costs $(1,600) $ 500
======= =======
</TABLE>
<PAGE>
The Company's funding policy is to contribute each year an
amount equal to the minimum required contribution under the
Employee Retirement Income Security Act of 1974. However, the
contribution for any year will not be greater than the maximum tax
deductible contribution. Plan assets consist primarily of United
States Government and Agency securities, corporate stocks and
corporate bonds and notes. The weighted-average discount rate
used in determining the actuarial present value of the projected
benefit obligation was 7.25% for 1995 and 7.75% for 1996. The
rate of increase in future compensation levels used was 4.0% for
1995 and 1996 and thereafter. The expected long-term rate of
return on the assets was 9.0% for 1995 and 1996.
401(k) Savings Plan
Beginning in 1996 the Company sponsored a 401(k) Savings
Plan. Participation in this defined contribution plan is
available to substantially all employees of the Company. The
Company may elect to make contributions to the Plan; however,
the timing and amount of such contributions is at the
discretion of the Company's Board of Directors. There were no
contributions made in 1996.
9. Shareholders' Equity
Preferred Stock
The Company is authorized to issue 5,000,000 shares of
preferred stock, $1.00 par value, none of which was outstanding
at December 31, 1995 and 1996.
Income (Loss) Per Share
The weighted average number of shares used in the
computation of income (loss) per share was 14,464,000, for each
of the years ended December 31, 1994, 1995 and 1996,
respectively. The assumed exercise of stock options would not
result in dilution in any of such periods.
Stock-Based Compensation Plans
The Company's Performance Share Plan provided for the award
of shares of Common Stock to senior executives of the Company,
as designated by a committee of the Board of Directors, which
were earned upon the attainment of specified performance
objectives. These performance objectives have been attained
and therefore no further awards will be made.
A summary of the status of the Performance Share Plan as of
December 31, 1994, 1995 and 1996 and changes during the three
years ended December 31, 1996 are presented below:
<PAGE>
<TABLE>
<CAPTION>
1994 1995 1996
----------------- ----------------- -----------------
Weighted Weighted Weighted
Average Average Average
Exercise Exercise Exercise
Shares Price Shares Price Shares Price
------- -------- ------- -------- ------- --------
<S> <C> <C> <C> <C> <C> <C>
Options outstanding
and exercisble
January 1 303,159 $15.975 279,155 $15.885 240,971 $17.463
Forfeited/expired 23,834 17.122 2,280 15.965 1,360 19.000
Exercised 170 4.150 35,904 5.285 13,207 12.940
------- ------- -------
Options outstanding
and exercisable,
December 31 279,155 $15.885 240,971 $17.463 226,404 $17.718
======= ======= =======
</TABLE>
The range of exercise prices for options outstanding at
December 31, 1996 (the majority of which contain a stock
appreciation right feature) was $3.875 to $19.00 and the
weighted-average remaining contractual life for such options was
2.6 years.
The Company provided a Stock Appreciation Plan for key
management employees which contains a stock appreciation right
feature. This plan has expired, no further award will be made.
There were no transactions relating to this plan for the
year ended December 31, 1996. A summary of changes in the Stock
Appreciation Plan during the years ended December 31, 1994 and
1995 are presented below:
<TABLE>
<CAPTION>
1994 1995
----------------- -----------------
Weighted Weighted
Average Average
Exercise Exercise
Shares Price Shares Price
------- -------- ------- --------
<S> <C> <C> <C> <C>
Options outstanding, January 1 50,000 $12.675 40,000 $11.250
Forfeited/expired (10,000) $18.375 (40,000) $11.250
------- -------
Options outstanding, December 31 40,000 $11.250 -- $ --
======= =======
</TABLE>
There were no options exercisable at December 31, 1994, 1995
and 1996. Shares available for grant under the plan at December
31, 1994 and 1995 totaled 397,000, 437,000 shares, respectively,
<PAGE>
and no shares were available for grant at December 31, 1996.
Options were outstanding at $11.25 per share at December 31,
1994. Under the terms of the plan, options expired on March 31,
1995.
Compensation expense for the years ended December 31, 1994,
1995 and 1996 was not material.
The Company applies Accounting Principles Board Opinion No.
25, "Accounting for Stock Issued to Employees," and related
interpretations in accounting for its plans. Accordingly, no
compensation expense is recognized for its stock-based
compensation plans other than for performance-based awards.
Since no options were granted under the Company's stock-based
compensation plans during 1995 and 1996, there would have been no
effect on net income and income per common share had compensation
cost for the Company's stock option plans been determined based
upon the fair value at the grant date for awards under these
plans consistent with the methodology prescribed under Statement
of Financial Accounting Standards No. 123, "Accounting for Stock-
Based Compensation."
10. Commitments and Contingencies
Litigation
In January 1986, the Louisiana Department of Environmental
Quality ("DEQ") advised the Company that it could be a
potentially responsible party ("PRP") with respect to an oil
reclamation site operated by an unaffiliated company in Walker,
Louisiana. The Company sold to the operator a substantial portion
of the waste oil that was processed at the reclamation site
during the period 1978 through 1982. The Company's potential
liability, if any, for cleanup of this site will be based on the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980 ("CERCLA") or the Louisiana Environmental Affairs
Act. Under these statutes, such liability is presumptively joint
and several, but is typically apportioned among the responsible
parties based on the volume of material sent by each to the waste
site. The Company has cooperated with other PRPs to study the
potential aggregate liability under these statutes. Moreover, the
Company believes it has substantial defenses against liability
and defenses that could mitigate the portion of liability, if
any, that would otherwise be attributable to it.
To date, the Company and certain of the other PRPs (the
"Funding Group") for the site have funded the site's remediation
expenses, PRP identification expenses and related costs for the
participating parties. As of December 31, 1996 such costs
<PAGE>
totaled $18.8 million, of which the Company has funded
approximately $4.0 million. Since 1988 the Funding Group filed
petitions to add a number of companies as third-party defendants
with regard to the remedial action. The Funding Group has agreed
to settle with the majority of these companies. All funds
collected through these settlements are placed in escrow to fund
future expenses. At December 31, 1996, the balance of the escrow
was $6.2 million, which is to be used to fund any ongoing
remediation expenses. The Company will not owe any future
assessments until the balance in escrow is depleted. There are
additional settlements being negotiated which should add to the
balance in escrow.
Additional remedial work scheduled for the site includes
completion of studies and if required by the results of these
studies, subsequent remediation. Following completion of any
such required additional remediation, it will be necessary to
obtain Environmental Protection Agency approval to close the
site, which consent may require subsequent post-closure
activities such as groundwater monitoring and site maintenance
for many years. The Company is not able to estimate the final
costs for any such additional remedial work or post-closure costs
that may be required; however, the Company believes that its
proportionate share of expenditures for any additional work will
not have a material impact on the Company's financial statements.
In addition, the members of the Funding Group have entered into a
final cost sharing agreement under which all parties have agreed
that there would be no re-allocation of previous remediation
costs, but that future remediation costs would be established by
a formula. Under this agreement, the Company's share of future
costs is 17.5%.
In 1996, the Company settled a class action lawsuit
involving alleged personal injury and property damage arising
from the Walker, La. reclamation site. Under the terms of the
settlement, the Company has paid approximately $6.0 million into
a settlement fund. The Company also agreed to pay up to an
additional $6.0 million (plus interest at 8% per annum) if the
plaintiffs are unsuccessful in collecting certain claims under
Avondale's insurance policies that have been assigned to the
plaintiff class under the settlement agreement. During the first
quarter of 1997, certain remaining parties to the litigation,
including Avondale's insurers, reached a tentative settlement,
pursuant to which Avondale's insurers agreed to pay the
plaintiffs an amount in excess of the $6.0 million (plus
interest) for which Avondale was responsible in full and final
satisfaction of the plaintiff's claims against Avondale and
Avondale would be released from liability. The tentative
settlement agreement is subject to a fairness review by the trial
court. With respect to the potential contingent liability of the
Company to pay additional sums if the tentative settlement is not
approved by the court, management believes that the eventual
resolution of this matter will not have a material adverse effect
on the Company's results of operations, financial position or
cash flows.
Furthermore, the Company has initiated litigation against
its insurer for a declaration of coverage of the liability, if
any, that may arise in connection with the remediation of the
<PAGE>
site referred to above. The court has ruled that the insurer has
the duty to defend the Company, but has not yet ruled on whether
the carrier has a duty to indemnify the Company if any liability
is ultimately assessed against it. After consultation with
counsel, the Company is unable to predict the eventual outcome of
this litigation or the degree to which such potential liability
would be indemnified by its insurance carrier.
In addition to the above, the Company is also named as a
defendant in other lawsuits and proceedings arising in the
ordinary course of business, some of which involve substantial
claims.
The Company has established accruals as appropriate for
certain of the matters discussed above. While the ultimate
outcome of lawsuits and proceedings against the Company cannot be
predicted with certainty, management believes, based on current
facts and circumstances and after review with counsel, that, the
eventual resolution of these matters is not expected to have a
material adverse effect on the Company's financial statements.
Letters of Credit
In the normal course of its business activities, the Company
is required to provide letters of credit to secure the payment of
workers' compensation obligations, other insurance obligations
and to provide a debt service reserve fund related to $36.3
million of Series 1994 industrial revenue bonds. Additionally,
under certain contracts the Company may be required to provide
letters of credit to secure certain performance obligations of
the Company thereunder. Outstanding letters of credit relating to
these business activities amounted to approximately $25.4 million
at December 31, 1995 and $11.3 million at December 31, 1996.
11. Quarterly Results (Unaudited)
Consolidated operating results for the four quarters of 1995 and
1996 were as follows (in thousands, except per share data):
<TABLE>
<CAPTION>
1995 1996
-------------------------------------- --------------------------------------
First Second Third Fourth First Second Third Fourth
Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter
-------- -------- -------- -------- -------- -------- -------- --------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
Net Sales $133,575 $152,788 $148,785 $141,160 $156,496 $152,577 $148,384 $167,472
Gross Profit 13,404 13,820 14,793 16,654 17,286 18,166 19,048 27,327
Income from
Operations 5,741 6,222 6,835 7,750 8,253 8,874 9,237 10,426
Net Income 3,044 8,493 12,054 4,589 4,736 14,290 5,612 6,157
Net Income
per Share $ 0.21 $ 0.59 $ 0.83 $ 0.32 $ 0.33 $ 0.99 $ 0.39 $ 0.43
====== ====== ====== ====== ====== ====== ====== ======
</TABLE>
<PAGE>
Item 9. Changes in and Disagreements with Accountants on Accounting and
Financial Disclosure.
None
PART III
Item 10.Directors and Executive Officers of the Registrant.
Information concerning the Company's directors and officers called for
by this item will be included in the Company's definitive Proxy Statement
prepared in connection with the 1997 Annual Meeting of shareholders and is
incorporated herein by reference.
Item 11. Executive Compensation.
Information concerning the executive compensation called for by this
item will be included in the Company's definitive Proxy Statement prepared
in connection with the 1997 Annual Meeting of shareholders and is
incorporated herein by reference.
Item 12. Security Ownership of Certain Beneficial Owners and Management.
Information concerning security ownership of certain beneficial owners
and management called for by this item will be included in the Company's
definitive Proxy Statement prepared in connection with the 1997 Annual
Meeting of shareholders and is incorporated herein by reference.
Item 13. Certain Relationships and Related Transactions.
Information concerning certain relationships and related transactions
called for by this item will be included in the Company's definitive Proxy
Statement prepared in connection with the 1997 Annual Meeting of
shareholders and is incorporated herein by reference.
PART IV
Item 14. Exhibits, Financial Statement Schedules and Reports on Form 8-K
(a)(1) Financial Statements
Independent Auditors' Report.
Consolidated Balance Sheets as of December 31, 1995 and 1996.
Consolidated Statements of Operations for the years ended
December 31, 1994, 1995 and 1996.
Consolidated Statements of Shareholders' Equity for the years
ended December 31, 1994, 1995 and 1996.
Consolidated Statements of Cash Flows for the years ended
December 31, 1994, 1995 and 1996.
Notes to Consolidated Financial Statements.
(a)(2) Financial Statement Schedules
<PAGE>
Not applicable
(a)(3) Exhibits
3.1 Articles of Incorporation of the Company.(1)
3.2 By-laws of the Company.(2)
4.1 See Exhibits 3.1 and 3.2 for provisions of the Company's
Articles of Incorporation and By-laws defining the rights of
holders of Common Stock.
4.2 Specimen of Common Stock Certificate.(3)
4.3 Instruments Relating to Title XI Vessel Financing
(a) Trust Indenture dated October 21, 1975, by and between
the Company and Manufacturers Hanover Trust Company, as
Indenture Trustee, relating to $19,012,000 of United
States Government Guaranteed Ship Financing Bonds, as
amended by an Assumption Agreement and Supplemental
Indenture dated September 16, 1985(4), as further
amended by a Master Assumption Agreement, Supplemental
Indenture No. 2 and Amendment to Title XI Finance
Agreements dated March 13, 1991 (the "Master Assumption
Agreement"),(5) which has been further amended by a
Third Supplemental Indenture dated February 9, 1995.(6)
(b) Title XI Reserve Fund and Financial Agreement dated
October 21, 1975, by and between the Company and the
United States of America, as amended by Amendments Nos.
1 and 2(4), as further amended by the Master Assumption
Agreement (filed as Exhibit 4.3(a) hereto). The
Reserve Fund and Financial Agreement has been further
amended by Amendment No. 5 dated February 9, 1995(6)
and Amendment No. 6 dated August 22, 1996.
(c) Form of 8.80% Sinking Fund Bond, Series A (included in
Exhibit 4.3(a)).
(d) Form of 9.30% Sinking Fund Bond, Series B (included in
Exhibit 4.3(a)).
(e) Form of 7.86% Sinking Fund Bond, 2000 Series.(6)
4.4 Instruments relating to AEI's and the Company's obligations
arising in connection with the issuance of General Obligation
Bonds by Harrison County, Mississippi.
(a) Loan Agreement dated April 1, 1991 between Harrison
County, Mississippi and AEI, pursuant to which AEI is
obligated to repay $3 million in order to fund the
County's bond payment obligations.(3)
(b) Guaranty Agreement dated April 1, 1991 between the
Company, Harrison County, Mississippi and the State of
Mississippi.(3)
4.5 Instruments relating to the Company's $36.25 million
<PAGE>
Industrial Revenue Refunding Bond Series 1994 Financing.
(a) Refunding Agreement dated April 1, 1994 between the
Company and the Board of Commissioners of the Port of
New Orleans, Exhibit A and First Preferred Vessel
Mortgage thereto.(7)
(b) Trust Indenture dated April 1, 1994 between the Board
of Commissioners of the Port of New Orleans and First
National Bank of Commerce.(7)
(c) Form of Industrial Revenue Refunding Bond Series
1994.(7)
4.6 Instruments Relating to February 1995 Title XI Vessel
Financing.
(a) Trust Indenture dated February 9, 1995 by and between
the Company and Chemical Bank, as Indenture Trustee,
relating to $17,780,000.00 of United States Government
Guaranteed Ship Financing Bonds.(6)
(b) Title XI Reserve Fund and Financial Agreement dated
February 9, 1995, by and between the Company and the
United States of America,(6) as amended by Amendment
No. 1 dated August 22, 1996.
(c) Form of 8.16% Sinking Fund Bond, 2010 Series.(6)
10.1 Contracts With The United States Navy
(a) Agreement dated June 28, 1985, by and between the
Company and the United States of America (Contract No.
N00024-85-C-2131) for the construction of T-AO 187
Class Oiler Ships and various modifications thereto(4)
including modification P00005 thereto entered into on
June 16, 1988, and the related Acknowledgment of
Transfer and Transfer Agreement relating to the
Company's agreement to assume certain of the rights and
obligations to build two such vessels under an
Agreement dated May 6, 1985, by and between
Pennsylvania Shipbuilding Co. and the United States of
America.(8)
(b) Agreement dated June 20, 1988, by and between the
Company and the United States of America (Contract No.
N00024-88-C-2050) for the construction of T-AO 187
Class Oiler Ships and various modifications thereto(8)
and modification P00036 thereto.(5)
(c) Agreement dated November 21, 1983, by and between the
Company and the United States of America (Contract No.
N00024-84-C-2027) for the construction of LSD-41 Class
Landing Ship Dock vessels and various modifications
thereto.(4)
(d) Agreement dated June 17, 1988, by and between the
Company and the United States of America (Contract No.
N00024-88-C-2048) for the construction of LSD-41 Class
<PAGE>
Landing Ship Dock vessels and modification nos. P00001
and P00002(8), modification nos. P00008 and P00013
thereto(3) and modification P00029 thereto.(5)
(e) Agreement dated July 15, 1988, by and between the
Company and the United States of America (Contract No.
N00024-88-C-2221) for the conversion of AO-177 Class
Oilers to AO-177 Jumbo Class and various modifications
thereto.(8)
(f) Agreement dated December 13, 1988, by and between AGM
and the United States of America (Contract No. N00024-
89-C-2110) for the construction of three LCACs.(8)
(g) Agreement dated July 1, 1987, by and between Lockheed
Shipbuilding Company and the United States of America
(Contract No. N00024-87-C-2089) for the construction of
seven LCACs (assumed by AGM in 1988).(8)
(h) Agreement dated October 3, 1989, by and between the
Company and the United States of America (Contract No.
N00024-89-C-2162) for the construction of one MHC Class
51 ship and various modifications thereto(9),
modification no. P00020(5) and modification no. P00027
thereto(10).
(i) Agreement dated August 2, 1990, by and between the
Company and the United States of America (Contract
N00024-90-C-2304) for the construction of one MHC Class
51 ship,(3) and modification nos. P00002(5),
P00013(5)and modification no. P00020 thereto(10).
(j) Agreement dated November 30, 1990, by and between the
Company and the United States of America (Contract No.
N00024-90-C-2307) for the construction of one T-AGS 45
ship and various modifications thereto.(3)
(k) Agreement dated July 15, 1993, by and between the
Company and the United States of America (Contract No.
N00024-93-C-2300) for the construction of one WAGB 20
Coast Guard Polar Icebreaker ship, amendment 0001 and
modification nos. P0001 and P00013 thereto.(1)
(l) Agreement dated September 3, 1993, by and between the
Company and the United States of America (Contract No.
N00024-93-C-2205) for the construction of one T-AKR 300
Class Strategic Sealift ship, various amendments and
modifications nos. P00001, P00003 and P00004(5),
P00007(7) and modification P00019 thereto.
(m) Agreement dated October 12, 1993, by and between the
Company and the United States of America (Contract No.
N00024-94-C-2200) for the construction of one LSD 41
Class Landing Ship Dock.(5)
(n) Agreement dated December 17, 1996 by and between the
Company and the UnitedStates of America (Contract No.
N00024-97-C-2202) for the design and construction of
one LPD-17 ship.
<PAGE>
10.2 Other Operating Contracts
(a) Agreement dated July 10, 1991 by and between Crawford
Technical Services, Inc. and the Dallas Area Rapid
Transit Authority, and the supplement thereto, relating
to providing operational and maintenance services for
paratransit van services for the Dallas, Texas
metropolitan area.(5)
(b) Agreement dated January 28, 1991, by and between
Crawford Technical Services, Inc. and the United States
of America and various modifications thereto (Contract
No. FO3602-91-C0007) relating to providing maintenance
services with respect to family housing units located
in a Little Rock, Arkansas air force base.(5)
(c) Agreement dated January 12, 1994 by and between the
Company and Belle of Orleans, L.L.C. for the
construction of a 350-foot-long paddlewheel gaming
vessel, various exhibits and Amendment nos. 1, 2 and 3
thereto.(7)
(d) Agreement dated May 12, 1995 by and between the Company
and American Heavy Lift Shipping Company for the
construction of one ocean-going product tanker, S/S
King.(2)
(e) Agreement dated May 12, 1995 by and between the Company
and American Heavy Lift Shipping Company for the
construction of one ocean-going product tanker, S/S
Knight.(2)
(f) Agreement dated May 12, 1995 by and between the Company
and American Heavy Lift Shipping Company for the
construction of one ocean-going product tanker, S/S
Solar.(2)
(g) Agreement dated May 12, 1995 by and between the Company
and American Heavy Lift Shipping Company for the
construction of one ocean-going product tanker, S/S
Spray.(2)
10.3 Employee Benefit Plans
(a) The Company's Amended and Restated Performance Share
Plan dated April 24, 1989(11), as amended by Amendment
No. 1 adopted December 5, 1994.(7)
(b) The Company's Amended and Restated Stock Appreciation
Plan and attachments thereto dated April 24, 1989(11),
as amended by Amendment No. 1 adopted December 5,
1994.(7)
(c) The Company's Amended and Restated Employee Stock
Ownership Plan(7) and the related Amended and Restated
Trust Agreement(12) as further amended by: Amendment
No. 1 adopted April 5, 1995(6), Amendment No. 2 adopted
June 16, 1995(2), Amendment No. 3 adopted February 5,
1996(12) and Amendment No. 4 adopted December 31, 1996.
<PAGE>
(d) The Company's Pension Plan as Amended and Restated(7)
as further amended by: Amendment No. 1 adopted June 16,
1995(2), Amendment No. 2 adopted April 19, 1996(13) and
Amendment No. 3 adopted December 31, 1996.
(e) The Company's Amended and Restated Supplemental Pension
Plan(4), as amended by Amendment Nos. 1 and 2
thereto(3).
(f) The Company's Excess Retirement Plan.(3)
(g) Executive Group Insurance Benefits Plan specifying the
excess insurance benefits provided to the Company's
executive officers and certain other key personnel, and
a summary description of health, accidental death and
dismemberment, disability and life insurance benefits
made available to employees of Avondale Services
Corporation(3), as amended on March 25, 1994.(7)
(h) The Company's Directors' Deferred Compensation Plan.(3)
(i) Avondale Industries, Inc. Management Incentive Plan.(6)
(j) The Company's 401(k) Plan as restated effective
September 20, 1996, as amended by Amendment No. 1 dated
December 31, 1996.
(k) The Company's Executive Retirement Plan(12).
10.4 Employment Agreements
(a) Employment Agreement dated September 27, 1985, by and
between the Company and Albert L. Bossier, Jr.(4) the
term of which has been extended such that its current
term extends through December 31, 1999.(7)
(b) Employment Agreement dated June 18, 1987, by and
between the Company and Thomas M. Kitchen(4) the term
of which has been extended such that its current term
extends through December 31, 1999.(7)
(c) Employment Agreement dated June 18, 1987, by and
between the Company and Kenneth B. Dupont(4) the term
of which has been extended such that its current term
extends through December 31, 1999.(7)
(d) Amended and Restated Change of Control Agreement dated
January 19, 1996 by and between the Company and
Albert L. Bossier, Jr(12).
(e) Amended and Restated Change of Control Agreement dated
January 19, 1996 by and between the Company and
Thomas M. Kitchen(12).
(f) Amended and Restated Change of Control Agreement dated
January 19, 1996 by and between the Company and
Kenneth B. Dupont(12).
(g) The Company's Severance Pay Plan and Summary Plan
<PAGE>
Description adopted March 1, 1996(12).
10.5 Avondale/Ogden Letter Agreement.(14)
10.6 Acquisition and Disposition Agreements
(a) Asset Purchase Agreement dated January 27, 1987 by and
between the Company and Connell Industries, L.P.(4)
(b) Purchase Agreement dated June 22, 1988, by and between
AGM, Lockheed Shipbuilding Company and Lockheed
Corporation.(8)
(c) Stock Purchase Agreement dated February 15, 1991, by
and between Avondale Technical Services, Inc. and
Oliver R. Crawford relating to the purchase of Crawford
Technical Services, Inc.(3)
(d) Asset Purchase Agreement dated November 20, 1992
between the Company and Bollinger Machine Shop &
Shipyard, Inc., a Louisiana corporation (without
exhibits).(5)
10.7 Lease Agreements
(a) Lease Agreement dated June 24, 1988, by and between the
Company and the Board of Commissioners of the Port of
New Orleans.(8)
(b) Lease Agreement dated June 4, 1979, by and between the
Company and Marrero Land and Improvement Association,
Ltd.(8)
(c) Adoption Agreement dated July 22, 1988, by and between
the Company and Missouri Pacific Railroad Company, as
supplemented on the date thereof.(8)
(d) Lease of Commercial Property dated July 1, 1970 by and
between the Company and Metal Building Products Co.,
Inc.(3)
10.8 Other Material Agreements
(a) Registration Rights Agreement between the Company and
the ESOP as Annex I of the Common Stock Purchase
Agreement dated as of September 27, 1985, by and
between Ogden American Corporation and the trustees of
the Avondale Industries, Inc., Employee Stock Ownership
Trust.(4)
(b) Registration Rights Agreement between the Company and
the participants in the Amended and Restated
Performance Share Plan (included in Exhibit 10.3(a)).
(c) License dated October 13, 1989 by and between the
Company and Intermarine S.p.A. relating to the license
of molded, glass-reinforced polyester hull construction
technology.(3)
<PAGE>
(d) Stockholder Protection Rights Agreement dated as of
September 26, 1994 between Avondale Industries, Inc.
and Boatmen's Trust Company, as Rights Agent.(15)
(e) Agreement by and between the Company and Bath Iron
Works Corporation, Subcontract for LPD-17 Class Work
dated June 23, 1996 (without attachments).
(f) Agreement by and between the Company and Hughes
Aircraft Co., Subcontract for LPD-17 Class Work dated
June 23, 1996 (without attachments).
10.9 Revolving Credit Agreement dated as of May 10, 1994 among
Avondale Industries, Inc., various financial institutions
signatory thereto (the "Banks") and Continental Bank N.A. as
the Agent for the Banks, and Amendment Nos. 1 and 2
thereto.(7)
(a) Third Amendment, Waiver and Consent to Revolving Credit
Agreement, dated May 10, 1995(10).
(b) Fourth Amendment and Consent to Revolving Credit
Agreement, dated September 1, 1995(10).
(c) Fifth Amendment to Revolving Credit Agreement, dated
November 17, 1995(10).
(d) Sixth Amendment to Revolving Credit Agreement, dated
October 22, 1996.
21 List of subsidiaries of the Company
23 Consent of Deloitte & Touche LLP
27 Financial Data Schedule
__________
(1) Incorporated by reference from the Company's Quarterly Report on Form
10-Q for the fiscal quarter ended June 30, 1993.
(2) Incorporated by reference from the Company's Quarterly Report on Form
10-Q for the fiscal quarter ended June 30, 1995.
(3) Incorporated by reference from the Company's Annual Report on Form 10-
K for the fiscal year ended December 31, 1991, as amended by Form 10-
K/A.
(4) Incorporated by reference from the Company's Registration Statement on
Form S-1 (Registration No. 33-20145) filed with the Commission on
February 16, 1988.
(5) Incorporated by reference from the Company's Annual Report on Form 10-
K for the fiscal year ended December 31, 1993.
(6) Incorporated by reference from the Company's Quarterly Report on Form
10-Q for the fiscal quarter ended March 31, 1995.
(7) Incorporated by reference from the Company's Annual Report on Form 10-
K for the fiscal year ended December 31, 1994.
(8) Incorporated by reference from the Company's Registration Statement on
<PAGE>
Form S-1 (Registration No. 33-27342) filed with the Commission on
March 6, 1989.
(9) Incorporated by reference from the Company's Annual Report on Form 10-
K for the fiscal year ended December 31, 1990.
(10) Incorporated by reference from the Company's Annual Report on Form 10-
K for the fiscal year ended December 31, 1995.
(11) Incorporated by reference from the Company's Registration Statement on
Form S-8 and Form S-3 (Registration No. 33-31984) filed with the
Commission on November 8, 1989.
(12) Incorporated by reference from the Company's Quarterly Report on Form
10-Q for the fiscal quarter ended March 31, 1996.
(13) Incorporated by reference from the Company's Quarterly Report on Form
10-Q for the fiscal quarter ended June 30, 1996.
(14) Incorporated by reference from the Company's Quarterly Report on Form
10-Q for the fiscal quarter ended March 31, 1994.
(15) Incorporated by reference from the Company's Current Report on Form 8-
K filed with the Commission on September 30, 1994.
(b) Reports on Form 8-K
There were no reports on Form 8-K filed during the three month period
ended December 31, 1996.
<PAGE>
SIGNATURES
Pursuant to the requirements of Section 13 of the Securities Exchange
Act of 1934, the Registrant has duly caused this report to be signed
on its behalf by the undersigned, thereunto duly authorized, on March
14, 1997.
AVONDALE INDUSTRIES, INC.
By: /s/ Albert L. Bossier, Jr.
--------------------------
Albert L. Bossier, Jr.
Chairman of the Board,
President and Chief
Executive Officer
Pursuant to the requirements of the Securities Exchange Act of 1934,
this report has been signed by the following persons on behalf of the
Registrant and on the dates indicated.
Signature Title Date
---------------------------------------------------------------------
/s/ Albert L. Bossier, Jr. Chairman of the Board, March 14, 1997
-------------------------- President and Chief
Albert L. Bossier, Jr. Executive Officer
/s/ Thomas M. Kitchen Vice President, Chief March 14, 1997
--------------------- Financial Officer,
Thomas M. Kitchen Corporate Secretary and
a Director
/s/ Kenneth B. Dupont Vice President and a March 14, 1997
--------------------- Director
Kenneth B. Dupont
/s/ Anthony J. Correro, III Director March 14, 1997
---------------------------
Anthony J. Correro, III
/s/ Francis R. Donovan Director March 14, 1997
----------------------
Francis R. Donovan
/s/ William A. Harmeyer Director March 14, 1997
-----------------------
William A. Harmeyer
/s/ Hugh A. Thompson Director March 14, 1997
--------------------
Hugh A. Thompson
/s/ Bruce L. Hicks Vice President & March 14, 1997
------------------ Controller
Bruce L. Hicks
<PAGE>
EXHIBIT INDEX
Number Description
4.3 Instruments Relating to Title XI Vessel Financing 10.1
(b) Title XI Reserve Fund and Financial Agreement
dated October 21, 1975, by and between the Company
and the United States of America, as amended by
Amendments Nos. 1 and 2(4), as further amended by
the Master Assumption Agreement (filed as Exhibit
4.3(a) hereto). The Reserve Fund and Financial
Agreement has been further amended by Amendment
No. 5 dated February 9, 1995(6) and Amendment No.
6 dated August 22, 1996.
4.6 Instruments Relating to February 1995 Title XI Vessel
Financing.
(b) Title XI Reserve Fund and Financial Agreement
dated February 9, 1995, by and between the Company
and the United States of America,(6) as amended by
Amendment No. 1 dated August 22, 1996.
10.1 Contracts With The United States Navy
(l) Agreement dated September 3, 1993, by and between
the Company and the United States of America
(Contract No. N00024-93-C-2205) for the
construction of one T-AKR 300 Class Strategic
Sealift ship, various amendments and modifications
nos. P00001, P00003 and P00004(5), P00007(7) and
modification P00019 thereto.
(n) Agreement dated December 17, 1996 by and between
the Company and theUnited States of America (Contract
No. N00024-97-C-2202) for the designand construction of
one LPD-17 ship.
10.3 Employee Benefit Plans
(c) The Company's Amended and Restated Employee Stock
Ownership Plan(7) and the related Amended and
Restated Trust Agreement(12) as further amended
by: Amendment No. 1 adopted April 5, 1995(6),
Amendment No. 2 adopted June 16, 1995(2),
Amendment No. 3 adopted February 5, 1996(12) and
Amendment No. 4 adopted December 31, 1996.
(d) The Company's Pension Plan as Amended and
Restated(7) as further amended by: Amendment No. 1
adopted June 16, 1995(2), Amendment No. 2 adopted
April 19, 1996(13) and Amendment No. 3 adopted
December 31, 1996.
(j) The Company's 401(k) Plan as restated effective
September 20, 1996, as amended by Amendment No. 1
dated December 31, 1996.
<PAGE>
10.8 Other Material Agreements
(e) Agreement by and between the Company and Bath Iron
Works Corporation, Subcontract for LPD-17 Class
Work dated June 23, 1996 (without attachments).
(f) Agreement by and between the Company and Hughes
Aircraft Co., Subcontract for LPD-17 Class Work
dated June 23, 1996 (without attachments).
10.9 Revolving Credit Agreement dated as of May 10, 1994
among Avondale Industries,Inc., various financial
institutions signatory thereto (the "Banks") and Continental
Bank N.A. as the Agent for the Banks, and Amendment Nos. 1
and 2 thereto.(7)
(d) Sixth Amendment to Revolving Credit Agreement,
dated October 22, 1996.
21 List of subsidiaries of the Company
23 Consent of Deloitte & Touche LLP
27 Financial Data Schedule
__________
(1) Incorporated by reference from the Company's Quarterly
Report on Form 10-Q for the fiscal quarter ended June 30,
1993.
(2) Incorporated by reference from the Company's Quarterly
Report on Form 10-Q for the fiscal quarter ended June 30,
1995.
(3) Incorporated by reference from the Company's Annual Report
on Form 10-K for the fiscal year ended December 31, 1991, as
amended by Form 10-K/A.
(4) Incorporated by reference from the Company's Registration
Statement on Form S-1 (Registration No. 33-20145) filed with
the Commission on February 16, 1988.
(5) Incorporated by reference from the Company's Annual Report
on Form 10-K for the fiscal year ended December 31, 1993.
(6) Incorporated by reference from the Company's Quarterly
Report on Form 10-Q for the fiscal quarter ended March 31,
1995.
(7) Incorporated by reference from the Company's Annual Report
on Form 10-K for the fiscal year ended December 31, 1994.
(8) Incorporated by reference from the Company's Registration
Statement on Form S-1 (Registration No. 33-27342) filed with
the Commission on March 6, 1989.
(9) Incorporated by reference from the Company's Annual Report
on Form 10-K for the fiscal year ended December 31, 1990.
<PAGE>
(10) Incorporated by reference from the Company's Annual Report
on Form 10-K for the fiscalyear ended December 31, 1995.
(11) Incorporated by reference from the Company's Registration
Statement on Form S-8 and Form S-3 (Registration No. 33-
31984) filed with the Commission on November 8, 1989.
(12) Incorporated by reference from the Company's Quarterly
Report on Form 10-Q for thefiscal quarter ended March 31, 1996.
(13) Incorporated by reference from the Company's Quarterly
Report on Form 10-Q for thefiscal quarter ended June 30, 1996.
(14) Incorporated by reference from the Company's Quarterly
Report on Form 10-Q for the fiscal quarter ended March 31,
1994.
(15) Incorporated by reference from the Company's Current Report
on Form 8-K filed with the Commission on September 30, 1994.
<PAGE>
AMENDMENT NO. 6
TO
TITLE XI RESERVE FUND
AND FINANCIAL AGREEMENT
CONTRACT NO.
MA-8085
Contract No. MA-8085
<PAGE>
AMENDMENT NO. 6
TO
TITLE XI
RESERVE FUND AND FINANCIAL AGREEMENT
This Amendment No. 6 to Title XI Reserve Fund and Financial
Agreement ("Amendment No. 6") dated as of August 22, 1996,
between Avondale Industries, Inc., a Louisiana corporation (the
"Company"), and the United States of America, represented by the
Secretary of Transportation, acting by and through the Maritime
Administrator (successor by operation of law to the Secretary of
Commerce, acting by and through the Assistant Secretary of
Commerce for Maritime Affairs) (the "Secretary"), pursuant to the
provisions of Title XI of the Merchant Marine Act, 1936, as
amended.
RECITALS
A. The Company and the Secretary entered into the Title XI
Reserve Fund and Financial Agreement, dated October 21, 1975 (the
"Original Agreement"), in connection with the financing of the
vessel named AVONDALE DRYDOCK;
B. The Original Agreement was amended by Assumption
Agreement and Amendment No. 1 to Title XI Reserve Fund and
Financial Agreement on September 16, 1985 ("Amendment No. 1"), by
Amendment No. 2 to Title XI Reserve Fund and Financial Agreement
on March 27, 1987 ("Amendment No. 2"), by Master Assumption
Agreement, Supplemental Indenture No. 2 and Amendment to Title XI
Financing Agreements on March 13, 1991 ("Amendment No. 3"), by
Amendment to Title XI Reserve Fund and Financial Agreement dated
as of April __, 1993 ("Amendment No. 4"), and by Amendment No. 5
to Title XI Reserve Fund and Financial Agreement dated
February 9, 1995 ("Amendment No. 5"; and collectively, together
with the Original Agreement, Amendment No. 1, Amendment No. 2,
Amendment No. 3 and Amendment No. 4 herein called the
"Agreement"); and,
C. The Company and the Secretary desire further to amend
the Agreement to reflect modifications to certain covenants
contained in the Agreement.
NOW, THEREFORE, in consideration of the premises and other
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
ARTICLE FIRST
ADDITIONS, DELETIONS AND AMENDMENTS
1. Concerning Article Third of the Special Provisions of
the Agreement. Article Third of the Special Provisions to the
<PAGE>
Agreement is hereby amended as follows:
(a) Concerning Section 13 of Exhibit 1:
(1) Concerning Subsection 13(b)(13). Subsection
13(b)(13) of Exhibit 1 hereto is amended by deleting
the word "and" before the number "(iii)" and
substituting a comma therefor, and, after the number
"(iii)" deleting the rest of the subsection and
inserting the following in lieu thereof:
"(A) mortgages, liens, security
interests, charges or encumbrances
(hereinafter a *Lien*) on any
property or other assets of the
Company of the type that are
subject to a Lien on the date
hereof (whether or not such Lien
may subsequently be released and
then regranted and whether or not
such property or assets now exists
or may hereafter arise) other than
the Security, the Increased
Security, the Premises and the
Shipyard Project, as each of the
foregoing capitalized terms are
defined in either that certain
Title XI Reserve Fund and Financial
Agreement dated February 9, 1995
between the Company and the United
States of America, Contract No. MA-
12953, or Schedule X to that
certain Security Agreement dated
February 9, 1995 between the
Company and the United States of
America, Contract No. MA-12951,
(hereinafter the Security, the
Increased Security, the Premises
and the Shipyard Project are
referred to collectively as the
*Secretary's Collateral*) and (B)
Liens on the proceeds and products
of any such property or assets
(other than the Secretary's
Collateral), any property or assets
acquired with the proceeds of or in
exchange for any such property or
assets (other than the Secretary's
Collateral), or the accounts
receivable generated from any such
property or assets (other than the
Secretary's Collateral), and (iv)
Liens to secure indebtedness or
obligations incurred to extend,
refinance, renew, replace or refund
(or successive extensions,
refinancings, renewals,
replacements or refundings of) any
indebtedness or obligations secured
<PAGE>
by any Lien permitted by the
foregoing clause (iii) so long as
such Lien does not extend to any
other property (including, without
limitation, the Secretary's
Collateral.
Notwithstanding any other provision
of this subsection 13(b)(13), the
Company shall not consummate the
Disposition or Lien permitted
hereby if it would adversely affect
the priority of the Secretary's
security interests in the Vessel or
the Secretary's Collateral."
(2) Concerning Subsection 13(c)(7). The
provisions of Subsection 13(c)(7) of Exhibit 1 hereto
are hereby amended and restated in their entirety to
read as follows:
"Enter into any merger or consolidation or
convey, sell, lease, transfer or dispose of
(hereinafter a *Disposition*) or mortgage,
grant a security interest in, lien or
otherwise encumber (hereinafter, a *Lien*)
any substantial portion of its properties or
assets. The foregoing restriction, however,
shall not apply to (i) (A) Liens on any
property or other assets of the Company of
the type that are subject to a Lien on the
date hereof (whether or not such Lien may
subsequently be released and then regranted
and whether or not such property or assets
now exists or may hereafter arise) other than
the Security, the Increased Security, the
Premises and the Shipyard Project, as each of
the foregoing capitalized terms are defined
in either that certain Title XI Reserve Fund
and Financial Agreement dated February 9,
1995 between the Company and the United
States of America, Contract No. MA-12953, or
Schedule X to that certain Security Agreement
dated February 9, 1995 between the Company
and the United States of America, Contract
No. MA-12951, (hereinafter the Security, the
Increased Security, the Premises and the
Shipyard Project are referred to collectively
as the *Secretary's Collateral*) and (B)
Liens on the proceeds and products of any
such property or assets (other than the
Secretary's Collateral), any property or
assets acquired with the proceeds of or in
exchange for any such property or assets
(other than the Secretary's Collateral) or
the accounts receivable generated from any
such property or assets (other than the
Secretary's Collateral), and (ii) Liens to
secure indebtedness or obligations incurred
<PAGE>
to extend, refinance, renew, replace or
refund (or successive extensions,
refinancings, renewals, replacements or
refundings of) any indebtedness or
obligations secured by any Lien permitted by
the foregoing clause (i) so long as such Lien
does not extend to any other property
(including, without limitation, the
Secretary's Collateral), and (iii) any
Disposition of or Lien on property or assets
of the Company (and, in the case of Liens,
any extension, refinancing, renewal,
replacement or refundings of the indebtedness
or other obligations secured by such Liens),
provided that (A) after giving effect to any
such Disposition or Lien the Net Book Value
(as defined below) of the aggregate of all of
the assets that have been the subject of any
Disposition or Lien (excluding assets subject
to Liens permitted by clauses (i) and (ii)
above) during the immediately prior 12 month
period does not exceed an amount equal to 10
percent of the sum of the total Net Book
Value of all of the Company's assets
(excluding the assets subject to the Liens
permitted by clauses (i) and (ii) above) as
indicated on the most recent audited annual
financial statement required to be submitted
pursuant to Section 14 hereof, (B) the
Company retains the proceeds of (x) the
Disposition or (y) the indebtedness or other
obligations secured by the Lien for use in
accordance with the Company's regular
business activities, including without
limitation, the repayment of indebtedness of
the Company and (C) the Disposition or Lien
is not otherwise prohibited by subsection
13(c)(3) above. *Net Book Value* is defined
as the original book value of an asset less
depreciation calculated on a straight line
basis over its useful life.
Notwithstanding clause (iii) of this
subsection 13(c)(7), the Company shall not
consummate the Disposition or Lien permitted
by such provision without the prior written
consent of the Secretary if the Company has
not, prior to the time of such Disposition or
Lien, submitted to the Secretary the
financial statement required by Section 14
hereof, and any attempt to so consummate such
Disposition or Lien absent such approval
shall be null and void ab initio.
Notwithstanding any other provision of this
subsection 13(c)(7), the Company shall not
consummate the Disposition or Lien permitted
hereby if it would adversely affect the
priority of the Secretary's security
<PAGE>
interests in the Vessel or the Secretary's
Collateral."
ARTICLE SECOND
COUNTERPARTS
This Amendment No. 6 may be executed in any number of
counterparts. Each of said counterparts shall be deemed to be an
original, but together shall constitute but one and the same
instrument.
ARTICLE THIRD
AMENDMENT
The Agreement, as amended and supplemented by this Amendment
No. 6, is in all respects confirmed and shall remain in full
force and effect.
IN WITNESS WHEREOF, this Amendment No. 6 has been executed
by the parties hereto on the day and year first above written.
AVONDALE INDUSTRIES, INC., as Shipowner
By:/s/ THOMAS M. KITCHEN
_________________________________________
Thomas M. Kitchen, Vice President
(SEAL)
ATTEST:
/s/ BL HICKS
_____________________________
Assistant Secretary
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
BY: MARITIME ADMINISTRATOR
By: JOEL C. RICHARD
_________________________________________
Secretary, Maritime Administration
ATTEST:
(SEAL)
ATTEST:
/s/ PATRICIA E. BRYNE
_____________________________
Assistant Secretary
Maritime Administration
AMENDMENT NO. 1
TO
TITLE XI RESERVE FUND
AND FINANCIAL AGREEMENT
CONTRACT NO.
MA-12953
<PAGE>
Contract No. MA-12953
AMENDMENT NO. 1
TO
TITLE XI
RESERVE FUND AND FINANCIAL AGREEMENT
This Amendment No. 1 to Title XI Reserve Fund and Financial
Agreement ("Amendment No. 1") dated as of August 22, 1996,
between Avondale Industries, Inc., a Louisiana corporation (the
"Company"), and the United States of America, represented by the
Secretary of Transportation, acting by and through the Maritime
Administrator (successor by operation of law to the Secretary of
Commerce, acting by and through the Assistant Secretary of
Commerce for Maritime Affairs) (the "Secretary"), pursuant to the
provisions of Title XI of the Merchant Marine Act, 1936, as
amended.
RECITALS
A. The Company and the Secretary entered into that certain
Title XI Reserve Fund and Financial Agreement, dated as of
February 9, 1995 (the "Original Agreement"), in connection with
the financing of the Company's shipyard modernization project;
and
B. The Company and the Secretary desire to amend the
Original Agreement to reflect modifications to certain covenants
contained in the Original Agreement.
NOW, THEREFORE, in consideration of the premises and other
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
ARTICLE FIRST
ADDITIONS, DELETIONS AND AMENDMENTS
1. Concerning Article Third of the Special Provisions of
the Agreement. Article Third of the Special Provisions to the
Agreement is hereby amended as follows:
(a) Concerning Section 13 of Exhibit 1:
(1) Concerning Subsection 13 (b)(12). Subsection
13(b)(12) of Exhibit 1 hereto is amended by deleting
the word "and" before the number "(iii)" and
<PAGE>
substituting a comma therefor, and, after the number
"(iii)" deleting the rest of the subsection and
inserting the following in lieu thereof:
"(A) mortgages, liens, security
interests, charges or encumbrances
(hereinafter a *Lien*) on any property
or other assets of the Company of the
type that are subject to a Lien on the
date hereof (whether or not such Lien
may subsequently be released and then
regranted and whether or not such
property or assets now exists or may
hereafter arise) other than the
Security, the Increased Security, the
Premises and the Shipyard Project
(hereinafter referred to collectively as
the *Secretary's Collateral*) and (B)
Liens on the proceeds and products of
any such property or assets (other than
the Secretary's Collateral), any
property or assets acquired with the
proceeds of or in exchange for any such
property or assets (other than the
Secretary's Collateral), or the accounts
receivable generated from any such
property or assets (other than the
Secretary's Collateral), and (iv) Liens
to secure indebtedness or obligations
incurred to extend, refinance, renew,
replace or refund (or successive
extensions, refinancings, renewals,
replacements or refundings of) any
indebtedness or obligations secured by
any Lien permitted by the foregoing
clause (iii) so long as such Lien does
not extend to any other property
(including, without limitation, the
Secretary's Collateral.
Notwithstanding any other provision of
this subsection 13(b)(12), the Company
shall not consummate the Disposition or
Lien permitted hereby if it would
adversely affect the priority of the
Secretary's security interests in the
Secretary's Collateral or in that
certain drydock designated Avondale
Drydock, having Official Number 568190."
(2) Concerning Subsection 13(c)(6). The
provisions of Subsection 13(c)(6) of Exhibit 1 hereto
are hereby amended and restated in their entirety to
read as follows:
"Enter into any merger or consolidation or
convey, sell, lease, transfer or dispose of
(hereinafter a *Disposition*) or mortgage,
grant a security interest in, lien or
<PAGE>
otherwise encumber (hereinafter, a *Lien*)
any substantial portion of its properties or
assets. The foregoing restriction, however,
shall not apply to (i) (A) Liens on any
property or other assets of the Company of
the type that are subject to a Lien on the
date hereof (whether or not such Lien may
subsequently be released and then regranted
and whether or not such property or assets
now exists or may hereafter arise) other than
the Security, the Increased Security, the
Premises and the Shipyard Project
(hereinafter referred to collectively as the
*Secretary's Collateral*) and (B) Liens on
the proceeds and products of any such
property or assets (other than the
Secretary's Collateral), any property or
assets acquired with the proceeds of or in
exchange for any such property or assets
(other than the Secretary's Collateral) or
the accounts receivable generated from any
such property or assets (other than the
Secretary's Collateral), and (ii) Liens to
secure indebtedness or obligations incurred
to extend, refinance, renew, replace or
refund (or successive extensions,
refinancings, renewals, replacements or
refundings of) any indebtedness or
obligations secured by any Lien permitted by
the foregoing clause (i) so long as such Lien
does not extend to any other property
(including, without limitation, the
Secretary's Collateral), and (iii) any
Disposition of or Lien on property or assets
of the Company (and, in the case of Liens,
any extension, refinancing, renewal,
replacement or refundings of the indebtedness
or other obligations secured by such Liens),
provided that (A) after giving effect to any
such Disposition or Lien the Net Book Value
(as defined below) of the aggregate of all of
the assets that have been the subject of any
Disposition or Lien (excluding the assets
subject to the Liens permitted by clauses (i)
and (ii) above) during the immediately prior
12 month period does not exceed an amount
equal to 10 percent of the sum of the total
Net Book Value of all of the Company's assets
(excluding the assets subject to the Liens
permitted by clauses (i) and (ii) above) as
indicated on the most recent audited annual
financial statement required to be submitted
pursuant to Section 14 hereof, (B) the
Company retains the proceeds of (x) the
Disposition or (y) the indebtedness or other
obligations secured by the Lien for use in
accordance with the Company's regular
business activities, including without
limitation, the repayment of indebtedness of
<PAGE>
the Company and (C) the Disposition or Lien
is not otherwise prohibited by subsection
13(c)(2) above. *Net Book Value* is defined
as the original book value of an asset less
depreciation calculated on a straight line
basis over its useful life.
Notwithstanding clause (iii) of this
subsection 13(c)(6), the Company shall not
consummate the Disposition or Lien permitted
by such provision without the prior written
consent of the Secretary if the Company has
not, prior to the time of such Disposition or
Lien, submitted to the Secretary the
financial statement required by Section 14
hereof, and any attempt to so consummate such
Disposition or Lien absent such approval
shall be null and void ab initio.
Notwithstanding any other provision of this
subsection 13(c)(6), the Company shall not
consummate the Disposition or Lien permitted
hereby if it would adversely affect the
priority of the Secretary's security
interests in the Secretary's Collateral or in
that certain floating drydock designated
Avondale Drydock, having Official Number
568190."
ARTICLE SECOND
COUNTERPARTS
This Amendment No. 1 may be executed in any number of
counterparts. Each of said counterparts shall be deemed to be an
original, but together shall constitute but one and the same
instrument.
ARTICLE THIRD
AMENDMENT
The Original Agreement, as amended and supplemented by this
Amendment No. 1, is in all respects confirmed and shall remain in
full force and effect.
[INTENTIONALLY LEFT BLANK]
<PAGE>
IN WITNESS WHEREOF, this Amendment No. 1 has been executed
by the parties hereto on the day and year first above written.
AVONDALE INDUSTRIES, INC., as Shipowner
By: /s/ THOMAS M. KITCHEN
_________________________________________
Thomas M. Kitchen, Vice President
ATTEST:
/s/ BL HICKS
_____________________________
Assistant Secretary
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
BY: MARITIME ADMINISTRATOR
By: /s/ JOEL C. RICHARD
_________________________________________
Secretary, Maritime Administration
ATTEST:
/s/ PATRICIA E. BYRNE
_____________________________
Assistant Secretary
Maritime Administration
1. Contract ID Code Page 1 of 2 Pages
AMENDMENT OF SOLICITATION/MODIFICATION
OF CONTRACT L
- --------------------------------------------------------------------------------
2. Amendment/Modification No. 3. Effective Date
P00019 BLK 16C
- --------------------------------------------------------------------------------
4. Requisition/Purchase Reg. No. 5. Proj. No. (If applicable)
N00024-97-MR-91007 6-385P-91007
- --------------------------------------------------------------------------------
6. Issued By Code N00024 7. Administered By Code N63124
NAVAL SEA SYSTEMS COMMAND SUPSHIP New Orleans
2531 JEFFERSON DAVIS HWY New Orleans, LA 70142-5700
ARLINGTON VA 22242-5160
BUYER/SYMBOL: Ms. Melanie Harvey SEA 02225
PHONE: 703/602-3102 ext 229
- --------------------------------------------------------------------------------
8. Name and Address of Contractor 9a. Amendment of Solicitation No.
(No., street, county, State and ZIP Code)
Avondale Industries, Inc.
Shipyard Division 9b. Dated (See Item 11)
P.O. Box 50280
New Orleans, LA 70150-1967
10a. Modification of Contract/
Order No.
[X] N00024-93-C-2205
10b. Dated (See Item 13)
Cage Code 96204 Facility Code 70876 20 Nov 92
- --------------------------------------------------------------------------------
11. This Item Only Applies to Amendments of Solicitations [ ]is [ ]is not
The above numbered solicitation is amended as set forth in Item 14. The
hour and date specified for receipt of Offers 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 2 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 includes a reference to the
solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND
DATE SPECIFIED MAY RESULT 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.
- --------------------------------------------------------------------------------
12. Accounting and Appropriation Data (if required)
SEE ATTACHED FINANCIAL ACCOUNTING DATA SHEETS
- --------------------------------------------------------------------------------
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
- --------------------------------------------------------------------------------
[ ] 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.
- --------------------------------------------------------------------------------
[ ] B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR
43.103(b)
- --------------------------------------------------------------------------------
[X] C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
contract clause B.3. "Options"
- --------------------------------------------------------------------------------
[ ] D. OTHER (Specify type of modification and authority)
- --------------------------------------------------------------------------------
E. IMPORTANT: Contractor (x) is not, ( ) is required to sign this document
and return 2 copies to the issuing office.
- --------------------------------------------------------------------------------
14. Description of Amendment/Modification (Organize 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, remain unchanged and in full force and
effect.
- --------------------------------------------------------------------------------
15A. Name and Title of Signer (Type or print)
- --------------------------------------------------------------------------------
15B. Contractor/Offeror 15C. Date Signed
----------------------------------------
(Signature of person authorized to sign)
- -------------------------------------------------------------------------------
16A. Name and Title of Contracting Officer (Type or Print)
Jerry M. Clement
Contracting Officer
- -------------------------------------------------------------------------------
16B. United States of America 16C. Date Signed
By /s/ JERRY M. CLEMENT 26 NOV. 1996
-------------------------------------
(Signature of Contracting Officer)
- --------------------------------------------------------------------------------
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
<PAGE>
Contract N00024-93-C-2205 provides, in part, under Section B.3, Item(s) 0103
through 0411, that "the Government may require the Contractor to furnish items
0103 through 0411 as specified in Section B, for delivery at the time(s) and
place(s) and at the applicable price(s) set forth herein. The Option(s) will be
exercised, if at all, by written or telegraphic notice from the Contracting
Officer sent within the time specified below:"
1. Pursuant to the above provisions, the Government hereby exercises its option
for Item 0303 through Item 0312.
2. As a result of the above option exercise, this modification executes and
fully funds CLINS 0303AA, 0307AA, and 0310AA.
3. Funding in the amount of $210,883,279.00, which consists of $210,637,399.00
for CLIN 0303AA, $224,093.00 for 0307AA, and $21,787.00 for CLIN 0310AA, is
hereby provided in the attached Financial Accounting Data Sheet to fully fund
the effort in CLINS 0303AA, 0307AA, and 0310AA. The Contract Value is increased
(exclusive of the administrative modifications issued by the Administrative
Contracting Officer) from $1,048,358,419.00 to $1,259,241,698.00.
4. The total amount obligated on this modification is $243,245,279.00 which
consists of $210,883,279.00 for the target price/fixed price as appropriate of
Items 0303AA, 0307AA, and 0310AA plus $32,362,000.00 for Item 0303AA for payment
of compensation adjustment. See the Financial Accounting Data Sheet attached
hereto.
5. Except as modified above, all other terms, conditions, and prices of Contract
N00024-93-C-2205 remain unchanged and in full force and effect.
<PAGE>
FINANCIAL ACCOUNTING DATA SHEET-NAVY
<TABLE>
<CAPTION>
- -----------------------------------------------------------------------------------------------------------------------------------
1. CONTRACT NUMBER (CRITICAL) 2.SPIN (CRITICAL) 3. MOD (CRITICAL) 4. PR NUMBER
N0002493-C-2205 P00019 N0002497MR91007
- -----------------------------------------------------------------------------------------------------------------------------------
5. 6. LINE OF ACCOUNTING
-----------------------------------------------------------------------------------------------------------------------
A. B. C. D. E. F. G. H. I. J. K.
LIN/SLI ACRN APPROPRIATION SUBHEAD OBJ PARM RFM SA AAA TT PAA COST CODE
(CRITICAL) (CRITICAL) (CRITICAL) CLA (CRITICAL) ----------------
PROJ PDLI
UNIT MCC & SUF
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
0303/AA
0307/AA
0310/AA
AM 17 X 4557 8710 000 SA 385 0 068342 2D 000000 22250 200 0000
0303/AA AN 17 X 4557 8710 000 SA 385 0 068342 2D 000000 22250 300 0000
0303/AA AP 17 X 4557 8710 000 SA 385 0 068342 2D 000000 22250 291 0000
</TABLE>
PAGE 1 OF 1
<TABLE>
<CAPTION>
NAVY INTERNAL
AMOUNT USE ONLY
(CRITICAL) REF DOC/ACRN
- ------------------------------------------------------------------------------
<S> <C>
$205,642,159.00
$224,093.00
$21,787.00
---------------
$205,888,039.00 N000240XAF0NDSF
$4,995,240.00 N000240XAF0NDSF
$32,362,000.00 N000240XAF0NDSF
---------------
PAGE TOTAL $243,245,279.00
---------------
GRAND TOTAL $243,245,279.00
- ------------------------------------------------------------------------------------
PREPARED/AUTHORIZED BY: HENRY W. FITZPATRICK, JR., PMS385P COMPTROLLER APPROVAL:
/S/ HENRY W. FITZPATRICK, JR. J.R. WROTEN 703-602-3130x220
BY DIRECTION OF
CAPT V. H. ACKLEY
DATE: DEPUTY COMMANDER/COMPTROLLER 11/20/96
</TABLE>
<TABLE>
<CAPTION>
<S> <C> <C> <C>
AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES
UNDER DPAS (15 CFR 350) DO-A3 1 0F 188
- ------------------------------------------------------------------------------
2. CONTRACT (PROC. INST. IDENT.) NO. 3. EFFECTIVE DATE 4. REQUISITION PURCHASE REQUEST/PROJECT NO
N00024-97-C-2202 SEE BLOCK 20c N00024-96-NR-91153
- ----------------------------------------------------------------------------------------------------
5. ISSUED BY N00024 6. ADMINISTERED BY (If other than Item 5) CODE N63124
NAVAL SEA SYSTEMS COMMAND CRITICALITY DESIGNATOR:
BUYER/SYMBOL: TERESA J. RYAN 02224 SUPSHIP NEW ORLEANS
2531 JEFFERSON DAVIS HWY BUILDING 16, NAVAL SUPPORT ACTIVITY
ARLINGTON, VA 22242-5160 NEW ORLEANS, LA 70142-5700
PHONE: Area Code 703/602-3102 X224 PRE-AWARD SURVEY: NONE
- ---------------------------------------------------------------------------------------------
7. NAME AND ADDRESS OF CONTRACTOR 8. DELIVERY (No., street, city, county,
State and ZIP Code) (X) FOB ORIGIN ( ) OTHER (See Below)
CEC NO:
AVONDALE INDUSTRIES, INC.
SHIPYARDS DIVISION
P.O. BOX 50280
NEW ORLEANS, LA 70150-0280
TIN NO: 39-1097012
- ---------------------------------------------------------------------------------------------
9. DISCOUNT FOR PROMPT PAYMENT
NONE
------------------------------------------------------
10. SUBMIT INVOICES ITEM 12
(4 copies unless otherwise specified)
TO ADDRESS SHOWN IN BLOCK 6
- --------------------------------------------------------------------------------------------------------------------------------
CAGE CODE ICC97 FACILITY CODE
- --------------------------------------------------------------------------------------------------------------------------------
11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE 068892
DFAS CHARLESTON OPERATING LOCATION
P.O. BOX 71489
CHARLESTON, SC 29415-1489
- --------------------------------------------------------------------------------------------------------------------------------
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTING AND APPROPRIATION DATA
COMPETITION N/A
( ) 10 U.S.C. 2304(c)( ) ( ) 41 U.S.C. 253(c) ( ) SEE ATTACHED FAD SHEET
- --------------------------------------------------------------------------------------------------------------------------------
15A ITEM NO. 15B SUPPLIES/SERVICES 15C QTY 15D UNIT 15E UNIT PRICE 15F AMOUNT
- --------------------------------------------------------------------------------------------------------------------------------
SEE SECTION B SUPPLIES OR
SERVICES AND PRICES/COSTS
- --------------------------------------------------------------------------------------------------------------------------------
15G. TOTAL AMOUNT OF CONTRACT $641,370,625
- --------------------------------------------------------------------------------------------------------------------------------
16. TABLE OF CONTENTS
- --------------------------------------------------------------------------------------------------------------------------------
X'd SEC. DESCRIPTION PAGE(S) X'd SEC. DESCRIPTION PAGE(S)
- --------------------------------------------------------------------------------------------------------------------------------
PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES
- --------------------------------------------------------------------------------------------------------------------------------
X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 152
X B SUPPLIES OR SERVICES AND PRICE/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
- --------------------------------------------------------------------------------------------------------------------------------
X C DESCRIPTION/SPECS/WORK STATEMENT 19 X J LIST OF ATTACHMENTS 186
- --------------------------------------------------------------------------------------------------------------------------------
X D PACKAGING AND MARKING 106 PART IV - REPRESENTATIONS AND INSTRUCTIONS
- --------------------------------------------------------------------------------------------------------------------------------
X E INSPECTION AND ACCEPTANCE 109 K REPRESENTATIONS, CERTIFICATIONS
- --------------------------------------------------------------------- AND OTHER STATEMENTS OF OFFERORS
X F DELIVERIES OR PERFORMANCE 115
- --------------------------------------------------------------------------------------------------------------------------------
X G CONTRACT ADMINISTRATION DATA 120 L INSTS., CONDS., AND NOTICES TO OFFERORS
- --------------------------------------------------------------------------------------------------------------------------------
X H SPECIAL CONTRACT REQUIREMENTS 121 M EVALUATION FACTORS FOR AWARD
- --------------------------------------------------------------------------------------------------------------------------------
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
- -------------------------------------------------------------------------------------------------------------------------------
7. (X) CONTRACTOR'S NEGOTIATED AGREEMENT 18. ( ) AWARD (Contractor is not required to sign this document)
and return _____ 2 ____ copies to issuing Your offer on Solicitation Number
office.) Contractor agrees to furnish and including the additions or changes made by you
deliver all items or perform all the services which additions or changes are set forth in
set forth or otherwise identified above and full above, is hereby accepted as to the items
on any continuation sheets for the consideration listed above and on any continuation sheets.
stated herein. The rights and obligations of the This award consummates the contract which
parties to this contract shall be subject to and consists of the following documents:
governed by the following documents: (a) this (a) the Government's solicitation and your
award/contract, (b) the solicitation, if any and offer, and (b) this award/contract.
(c) such provisions, representations, No further contractual document is necessary.
certifications and specifications as are
attached or incorporated by reference herein.
(Attachments are listed herein)
- --------------------------------------------------------------------------------------------------------------------------------
19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAME OF CONTRACTING OFFICER
Albert L. Bossier, Jr. TERESA J. RYAN
Chairman, President and Chief Executive Officer Contracting Officer
- --------------------------------------------------------------------------------------------------------------------------------
19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. UNITED STATES OF AMERICA
BY /s/Albert L. Bossier, Jr. 17 DEC 1996 BY /s/ Teresa J. Ryan
(Signature of person authorized to sign) (Signature of Contracting Officer)
20C. DATE SIGNED
17 DEC 1996
- ----------------------------------------
- --------------------------------------------------------------------------------------------------------------------------------
NSN 7540-01-152-8069 25-106 STANDARD FORM 26 (REV. 4-85)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
*U.S. GOVERNMENT PRINTING OFFICE 1983 0-380-198(91) FAR (48 CFR) 53.214(a)
- --------------------------------------------------------------------------------------------------------------------------------
</TABLE>
<PAGE>
N00024-97-C-2202
This contract is awarded on the basis of Avondale Industries, Incorporated's
pricing for the MRG/CPP Propulsion Drive Train Proposal. The following items
are hereby awarded: CLIN 0001, 0004, 0005, 0011 and 0012. Additionally, the
following modifications are incorporated into Contract N00024-97-C-2202,
resulting from Solicitation N00024-96-R-2101:
1. SECTION B, SUPPLIES/SERVICES AND PRICES/COSTS:
a. The page numbering on pages 3A and 3B is modified to read pages 2 and 3,
respectively.
b.are SECTION B - ADDITIONAL CONTRACT REQUIREMENTS, B-3 DETERMINATION OF
FEE (NAVSEA) (OCT 1990), Paragraph (h) Evaluation Periods and paragraph (i)
subparagraph (1) Award Fee Pools are modified to include the following
statement:
*Within 45 days of contract award, the contract will be modified to establish
evaluation periods and corresponding award fee pools that are consistent with
program/contract milestones.
c. SECTION B - ADDITIONAL CONTRACT REQUIREMENTS, B-6 ALLOTMENT OF FUNDS -
ALTERNATE I (MAY 1993), subparagraph (c) is modified to indicate that CLIN 0011
is fully funded.
2. SECTION F - DELIVERIES OR PERFORMANCE, is modified to reflect the following
delivery dated for Item 0001 and Option Items 0002 and 0003 as proposed by the
contractor. The contract milestones identified in F-2 will be incorporated into
the contract at the time of option exercise.
ITEM SHIP DELIVERY DATE
0001 LPD 17 01 July 2002
0002 LPD 18 62 Months after option exercise
0003 LPD 19 61 Months after option exercise
3. SECTION H - SPECIAL CONTRACT REQUIREMENTS:
a. is modified to include Special Contract Requirement H-17 NAVSEA
5252.245-9115 RENT-FREE USE OF GOVERNMENT PROPERTY (SEP 1990).
b. is modified to include Special Contract Requirement H-18 FUNDING OF IPDE
IMPROVEMENTS, as proposed by the contractor.
<PAGE>
N00024-97-C-2202
4. SECTION J - LIST OF ATTACHMENTS, the unnumbered attachments (Disclosure of
Lobbying, Request for Assignment of a Commercial and Government Entity (CAGE)
Code, and Contract Security Classification Form) and Attachment J-0019 "Past
Performance Questionnaire" are deleted.
5. Attachment J-0037 "Contract Security Classification Specification" is
updated and incorporated into the contract. 21 pages are hereby incorporated
into Attachment J-0037.
6. The MRG/CPP propulsion train option is selected and the requirements of
Attachment J-0038 are substituted for the corresponding sections of Attachment
J-0001.
7. Attachment J-0039 "Government Production and Research Property Authorized
for Use on a Rent Free Non-Interference Basis", which lists the contractor's
proposed Government Production and Research Property, is incorporated into the
contract. 28 pages are hereby incorporated into the contract.
8. Attachment J-0040 "Small, Small Disadvantaged and Women-Owned Small
Business Subcontracting Plan" is incorporated into the contract. 86 pages are
hereby incorporated into the contract.
9. Attachment J-0041 "Financial Accounting Data (FAD) Sheet", 1 page totaling
$583,485,718 is hereby incorporated into the contract. This FAD sheet reflects
the estimated cost for CLIN 0001 in the amount of $581,109,833 and the fixed
price for CLIN 0011 in the amount of $2,375,885. Award fee applicable to CLIN
0001 in the amount of $57,884,907 has been committed to this contract, and will
be obligated and authorized for payment in accordance with paragraph (e)(3)(v)
of Clause B-3, Determination of Fee.
10. Contract change pages incorporating the above revisions are attached.
All references to Solicitation N0024-96-R-2101, including all Amendments, are
revised to read N00024-97-C-2202.
ii
<PAGE>
N00024-97-C-2202
SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS
ITEM SUPPLIES OR SERVICES AMOUNT
0001 DETAIL DESIGN AND CONSTRUCTION EST COST: $581,109,833
OF LPD 17 (SCN) BASE FEE: $0
(SEE Note G) AWARD FEE: $ 57,884,907
CPAF: $638,994,740
0002 SHIP CONSTRUCTION - LPD 18 EST COST: $355,368,285
(OPTION) (SEE NOTE A & G) BASE FEE: $0
AWARD FEE: $ 35,385,142
CPAF: $390,753,427
0003 SHIP CONSTRUCTION - LPD 19 EST COST: $447,484,350
(OPTION) (SEE NOTE A & G) BASE FEE: $0
AWARD FEE: $ 44,430,185
CPAF: $491,914,535
0004 LPD FAMILIARIZATION $NSP
(NSP - Not separately priced.
Price to be included in the price
of Item 0001, and if the options are
exercised, Item(s) 0002 and 0003)
0005 TECHNICAL MANUALS $NSP
(NSP - Not separately priced.
Price to be included in the price of
Line Item 0001, and if the options are
exercised, Item(s) 0002 and 0003
(SEE NOTE D)
0006 MATERIAL (See Note B and C)
(Including COSAL MATERIAL,
SHORE BASES SPARES, PROVISIONING
ITEM ORDER)
0006AA LPD 17 MATERIAL
0006AB LPD 18 MATERIAL
(SEE NOTE A)
2
<PAGE>
N00024-97-C-2202
ITEM SUPPLIES OR SERVICES AMOUNT
0006AC LPD 19 MATERIAL
(OPTION) (SEE NOTE A)
0007 PERFORM SPECIAL STUDIES, ANALYSES AND
REVIEWS
(SEE NOTE F)
0008 PERFORM ENGINEERING AND INDUSTRIAL
SERVICES
(SEE NOTES B AND C)
0009 LPD 17 CLASS LIFE CYCLE SUPPORT EST COST: $1,906,887
(OPTION) PLANNING - POST DETAIL DESIGN BASE FEE: $0
AND CONSTRUCTION AWARD FEE: $ 189,120
(SEE NOTE A & G) CPAF: $2,096,007
0010 AFFORDABILITY THROUGH COMMONALITY (R&D)
(SEE NOTES B AND C)
0011 CROSS PROGRAM PROCUREMENT $2,375,885
(SEE NOTES B AND E) MANHOURS 80,000
0012 DATA FOR ITEMS 0001, $NSP
0004, 0005, AND 0006AA
0007, 0008, 0010 AND 0011 (and if options
are exercised, Items 0002, 0003, 0006AB,
0006AC, and 0009)
NSP - Not separately priced. The price
of Item 0012 is to be included in the
price of Items 0001, 0006AA, 0007, 0008,
0010 AND 0011 (and if options are exercised,
Items 0002, 0003, 0006AB, 0006AC and 0009)
The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF
FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently
to each separately identified estimated cost.
3
<PAGE>
N00024-97-C-2202
(h) Evaluation Periods
Performance evaluations will be conducted in accordance with the
schedule below:
EVALUATION PERIODS* BEGINNING* END*
------------------- ---------- ----
One Contract Award *
Two * *
* * *
(2) For the first evaluation period, the factors to be evaluated are
identified by "X" in attached Evaluation Categories and Factor Applicability
Matrix."
(3) Beginning with the second evaluation period, the Government will
provide the Contractor with the specific factors and elements to be evaluated by
the Evaluation Board 10 days prior to the subsequent evaluation period.
(i) Award Fee Pool
(1) Award Fee shall be available for the consideration of payment on
the following basis:
AWARD FEE POOL
EVAL. PERIOD AWARD FEE POOL ($) AWARD FEE POOL %
------------ ------------------ ----------------
One * *
Two * *
* * *
TOTALS: $ 57,884,907 100%
(2) One hundred percent (100%) of all unearned award fee for all CLINs
except CLIN 0009 shall be carried over to Clause H-16 "Final Contract
Performance Incentives".
*WITHIN 45 DAYS OF CONTRACT AWARD, THE CONTRACT WILL BE MODIFIED TO ESTABLISH
EVALUATION PERIODS AND CORRESPONDING AWARD FEE POOLS THAT ARE CONSISTENT WITH
PROGRAM/CONTRACT MILESTONES.
10
<PAGE>
N00024-97-C-2202
B-6 ALLOTMENT OF FUNDS - ALTERNATE I (MAY 1993)
(APPLICABLE TO ITEM 0011)
(a) This contract is incrementally funded. The amounts presently available
and allotted to this contract for payment are set forth below. The amounts(s)
presently available and allotted to this contract for payment for incrementally
funded CLINs/SLINs is set forth below. As provided in the clause of this
contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22), the CLINs/SLINs covered
thereby, and the period of performance for which it is estimated the allotted
amount(s) will cover as follows:
ESTIMATED
ITEM(S) FUNDED AMOUNT PERIOD OF PERFORMANCE
------- ------------- ---------------------
$
(b) The parties contemplate that the Government will allot additional amounts
to this contract from time to time for the incrementally funded CLINs/SLINs by
unilateral contract modification, and any such modification shall state
separately the amount(s) allotted for each CLINs/SLINs covered thereby, and the
period of performance which the amount(s) are expected to cover.
(c) CLINs/SLINs 0011 is fully funded and performance under these CLINs/SLINs is
subject to the clause of this contract entitled "LIMITATION OF COST" (FAR
52.232-20) of "LIMITATION OF COST (FACILITIES)" (FAR 52.232-21), as applicable.
(d) The Contractor shall segregate costs for the performance of incrementally
funded CLINs/SLINs from the costs of performance of fully funded CLINs/SLINs.
B-7 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)
(a) As part of the negotiated fixed price or total estimated amount of this
contract, both the Government and the Contractor have agreed to waive any
entitlement that otherwise might accrue to either party in any residual dollar
amount of $500 or less at the time of final contract closeout. The term
"residual dollar amount" shall include all money that would otherwise be owed to
either party at the end of the contract, except that, amounts
16
<PAGE>
N00024-97-C-2202
SECTION F - DELIVERIES OR PERFORMANCE
ITEM 0001 (AND IF THE OPTIONS ARE EXERCISED, ITEM(S) 0002 AND 0003) - It is
anticipated the Contractor should be ready for a PRR no earlier than
twenty-four (24) months after contract award.
The Contractor shall deliver the ship(s) to the Government at the Contractor's
facility fully outfitted and tested in accordance with the provisions of this
contract. The ship(s) shall be delivered in accordance with the following
delivery schedule:
ITEM SHIP DELIVERY DATE
------ ---- -------------
0001 LPD 17 01 July 2002
OPTION
ITEM SHIP DELIVERY DATE
------ ---- -------------
0002 LPD 18 62 Months after option
exercise
0003 LPD 19 61 Months after option
exercise
(1) Post delivery availability for each ship shall be completed sixty
(60) days after delivery of each ship.
ITEM 0004 -
The period of performance for LPD familiarization is from contract award or
option exercise date, as applicable, through delivery of the applicable ship and
in accordance with the applicable Exhibits of the Contract Data Requirements
List (CDRL), DD Form 1423, attached hereto.
ITEM 0005 - See Section C, paragraph 16.5.
ITEM 0006AA, 0007, 0008 AND 0010 (AND IF THE OPTION(S) ARE EXERCISED, ITEMS
0006AB, AND 0006AC) - Supplies shall be delivered and services shall be
performed in accordance with contract modifications issued pursuant to the
"ORDERS" clause. Unless otherwise expressed in the unilateral or bilateral
modification issued in accordance with the "ORDERS" clause, the supplies shall
be delivered to the Contractor's facility.
ITEM 0009 - The period of performance for Life Cycle Support Planning is from
exercise option date through expiration of the guaranty period set forth in the
contract clause entitled "GUARANTY PERIOD" of Item 0001 or if the options are
exercised Items 0002 and 0003 whichever is later.
115
<PAGE>
N00024-97-C-2202
SECTION H - SPECIAL CONTRACT REQUIREMENTS
NUMBER TITLE
------ -----
H-1 NAVSEA 5252.202-9101 ADDITIONAL DEFINITIONS
H-2 NAVSEA 5252.249-9105 AWARD FEE DETERMINATION IN EVENT OF
TERMINATION OR DISCONTINUANCE
H-3 NAVSEA 5252.233-9103 DOCUMENTATION OF REQUESTS FOR
EQUITABLE ADJUSTMENT (AT) ALTERNATE I
H-4 NAVSEA 5252.233-9107* EQUITABLE ADJUSTMENTS: WAIVER AND
RELEASE OF CLAIMS
H-5 NAVSEA 5252.225-9100 FOREIGN SHIPYARD CONSTRUCTION
PROHIBITION
H-6 NAVSEA 5252.227-9113 GOVERNMENT-INDUSTRY DATA EXCHANGE
PROGRAM
H-7 NAVSEA 5252.217-9121 INDEMNIFICATION FOR ACCESS TO VESSEL
H-8 NAVSEA 5252.228-9106* INSURANCE-PROPERTY LOSS OR DAME-
LIABILITY TO THIRD PERSONS
H-9 NOT USED
H-10 NAVSEA 5252.243-9105 NOTIFICATION OF CHANGES
H-11 NAVSEA 5252.216-9110* ORDERS - FIXED PRICE
H-12 NAVSEA 5252.243-9113 OTHER CHANGE PROPOSALS
H-13 NAVSEA 5252.219-9112 ORDERS - COST PLUS FIXED FEE
H-14 NAVSEA 5252.249-9100* SPECIAL CONTRACT REQUIREMENT CON-
CERNING TERMINATION FOR THE CONVENI-
ENCE OF THE GOVERNMENT
H-15 NAVSEA 5252.247-9110 TUG AND PILOT SERVICES
H-16 FINAL CONTRACT PERFORMANCE INCENTIVES
H-17 NAVSEA RENT-FREE USE OF GOVERNMENT PROPERTY
H-18 FUNDING OF IPDE IMPROVEMENTS
121
<PAGE>
N00024-97-C-2202
The remaining incentive pool available after computing the incentive for
factors 1, 2, and 3 will be available as the incentive pool for factors 4, 5, 6
and 7.
6.0 Incentive Pool
One hundred percent (100%) of all unearned award fee for CLINs 0001, 0002
and 0003, as calculated pursuant to Contract Requirements B-3 entitled
"Determination of Fee (NAVSEA) (OCT 1990)", up to a maximum of $10,000,000 per
ship, shall be forward for this incentive pool.
7.0 Finality of Incentive Decision
Determinations with respect to the amount of incentives to be paid to the
Contractor are final and shall not be subject to the "DISPUTES" Clause of this
Contract.
H-17 NAVSEA 5252.245-9115 RENT-FREE USE OF GOVERNMENT PROPERTY (SEP 1990)
The Contractor may use on a rent-free, non-interference basis, as necessary for
the performance of this contract, the Government property listed in Attachment
J0039, accountable under Contract(s) N00024-85-C-2144, N00024-87-C-2800,
N00024-93-C-2800, and N00024-90-E-3503. The Contractor is responsible for
scheduling the use of all property covered by the above referenced contract(s)
and the Government shall not be responsible for conflicts, delays, or
disruptions to any work performed by the Contractor due to the use of any or all
of such property under this contract or any other contracts under which use of
such property is authorized.
H-18 FUNDING OF IPDE IMPROVEMENTS
In its cost proposal Avondale has estimated $40 million will be required to
provide for IPDE infrastructure improvements. The State of Louisiana has
committed to provide up to $40 million for these improvements. In the unlikely
event state funding is not provided to Avondale, the contractor will not
allocate to this contract or other Navy contracts existing on the award date of
this contract, any IPDE infrastructure improvement costs up to the total of $40
million.
The estimated $40 million investment includes the following components:
151
<PAGE>
N00024-97-C-2202
(a) Construction cost of a new 160,000 square foot Avondale/UNO (University of
New Orleans) Maritime Technology Center of Excellence at the production facility
of Avondale Industries in New Orleans, Louisiana. This facility will house the
LPD 17 IPTs, the IPDE Campus and "Think Tank" a training and research center
administered by UNO, Nucleus Crew training rooms, and the Avondale Test
Integration Facility (ATIF). The cost of this facility includes the building,
parking facility, utilities and furniture.
(b) Hardware and software provided to each on-site IPT member with access to an
appropriate Client Workstation and, as authorized, connectivity to the IPDE
network. Based on anticipated on-site manning estimates from the Navy and all
on-site Alliance members, it provides for the acquisition of approximately 630
Intergraph client workstations. In addition to the client workstations and based
on the Navy's estimate of off-site users, it also provides for approximately 40
Intergraph servers along with supporting peripherals such as printers, plotters,
etc. Each Client and Server will contain the appropriate software.
(c) All recurring maintenance cost on both Hardware and Software products
described in (b) above.
(d) System Integration to mmet IPDE integration requirements. This funding will
provide for integration of requirements into the IPDE and Avondale's legacy
systems.
(e) IPDE Training requirements provided at Avondale to all anticipated on-site
manning from the Navy and all on-site Alliance members. The training will cover
the cost of all class materials, preparation and instructors.
(f) Miscellaneous Equipment requirements such as electronic viewing equipment,
printers, projectors, etc., in support of the Avondale/UNO Maritime Center of
Excellence.
151a
<PAGE>
N00024-97-C-2202
SECTION J -- LIST OF ATTACHMENTS
This document consists of the following parts and the attachments described
below:
J-0001: LPD 17 Ship Specifications, 9 October 1996 8 April 1996.
J-0002: Amphibious Transport Dock General Description Of Operational
Capability, 24 May 1996.
J-0003: Government Concept Of Operations In An Integrated Product Data
Environment (IPDE) For The LPD 17 Program, 8 April 1996.
J-0004: Contract Data Requirements List, DD Form 1423, Exhibit A, 9 October
1996.
J-0005: Schedule "A" Government Furnished Equipment for LPD 17, 9 October 1996.
J-0006: Schedule "C" Government Furnished Information for LPD 17, 9 October
1996.
J-0007: Not Used.
J-0008: Not Used.
J-0009: Book Plan for Integration Management Plan (IMP), 8 April 1996.
J-0010: Preliminary Ship Manning Document (PSMD), 8 April 1996.
J-0011: Draft Radio Communication System Management Plan, 8 April 1996.
J-0012: Not Used.
186
<PAGE>
N00024-97-C-2202
J-0013: Operation Security Plan, 8 April 1996.
J-0014: Not Used.
J-0015: Not Used.
J-0016: Integrated Product Data Environment (IPDE) Integration Matix, 9 October
1996.
J-0017: Not Used.
J-0018: List of Mission Essential Equipment For Maintenance Manhour Per
Operating Hour (MMH/OH) Initiative, 8 April 1996.
J-0019: Deleted.
J-0020: Factors and Values for Developing Variable Loads, 8 April 1996.
J-0021: Affordability Through Commonality (ATC) Implementation Program, 8 April
1996.
J-0022: Life Cycle Cost Estimate, 8 April 1996.
J-0023: Test Documentation Booklet, 8 April 1996.
J-0024: Not Used.
J-0025: Current LPD 17 Program Office Automated Information System Capability,
8 April 1996.
J-0026: Contract Guidance Drawing List, 8 April 1996.
J-0027: Computer Aided Engineering Data List, 8 April 1996 (Preliminary).
J-0028: Affordability Through Commonality Sketches, 8 April 1996.
J-0029: LPD 17 Type Advanced Degaussing System Controller Interface
Requirements, V 1.0, 8 April 1996.
J-0030: Selected Medical and Dental Equipment, 8 April 1996.
J-0031: Associate Contractor Agreement Vendor List, 8 April 1996.
J-0032: Deleted.
187
<PAGE>
N00024-97-C-2202
J-0033: Navy Shock Data Base (FOUO) (Provided separately)
J-0034: Weights For Government Furnished Equipment, 9 October 1996.
J-0035: Deleted
J-0036: Deleted
J-0037: "Contract Security Classification Specification" DD254
J-0038: Substitute Ship Specifications to be used for Controllable Pitch
Propeller (CPP) Propulsion Train, 9 October 1996
J-0039: Government Production and Research Property Authorized for Use on a
Rent Free Non-Interference Basis
J-0040: Small, Small Disadvantaged, and Women-Owned Small Business
Subcontracting Plan
J-0041: Financial Accounting Data (FAD) Sheet
188
<PAGE>
N00024-97-C-2202
ATTACHMENT J-0019
DELETED
<PAGE>
N00024-97-C-2202
ATTACHMENT J-0037
CONTRACT SECURITY CLASSIFICATION
SPECIFICATION
DD 254
<PAGE>
<TABLE>
<CAPTION>
<S> <C> <C>
- ---------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF DEFENSE 1. CLEARANCE AND SAFEGUARDING
---------------------------------------------------------------------
CONTRACT SECURITY CLASSIFICATION SPECIFICATION a. Facility Clearance Required
SECRET
---------------------------------------------------------------------
(The requirements of the DoD Industrial Security b. Level of Safeguarding Required
Manual apply to all security aspects of this effort.) SECRET
- ---------------------------------------------------------------------------------------------------------------------------------
2. THIS SPECIFICATION IS FOR: (X and complete as applicable) 3. THIS SPECIFICATION IS: (X and complete as applicable)
- ---------------------------------------------------------------------------------------------------------------------------------
a. PRIME CONTRACT NUMBER X a. ORIGINAL (Complete date in all cases) DATE (YY-MMM-DD)
X N00024-97-C-2202 96-DEC-17
- ---------------------------------------------------------------------------------------------------------------------------------
b. SUBCONTRACT NUMBER b. REVISED (Supersedes Revision No. DATE (YY-MMM-DD)
all previous specs)
- ---------------------------------------------------------------------------------------------------------------------------------
c. SOLICITATION OR OTHER NUMBER DUE DATE (YYMMDD) c. FINAL (Complete Item 5 in all cases) DATE (YY-MMM-DD)
X N00024-96-PR-91153
- ---------------------------------------------------------------------------------------------------------------------------------
4. IS THIS A FOLLOW ON CONTRACT? ___ YES X NO. If Yes, complete the following:
---
Classified material received or generated under _________________(Preceding Contract Number) is transferred to this follow-on
contract.
- ---------------------------------------------------------------------------------------------------------------------------------
5. IS THIS A FINAL DD FORM 254? ___ YES X NO. If Yes, complete the following:
---
In response to the contractor's request dated __________________, retention of the identified classified material is authorized
for the period of ____________________
- ---------------------------------------------------------------------------------------------------------------------------------
6. CONTRACTOR (Include Commercial and Government Entity (CAGE) Code)
- ---------------------------------------------------------------------------------------------------------------------------------
a. NAME, ADDRESS, AND ZIP CODE b. CAGE CODE c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip)
AVONDALE INDUSTRIES, INC. SOUTHEAST REGION, DIS
P. O. BOX 50280 1CC97 2300 LAKE PARK DRIVE
SUITE 250
NEW ORLEANS, LA 70150-0280 SMYRNA, GA 30080-7606
- ---------------------------------------------------------------------------------------------------------------------------------
7. SUBCONTRACTOR
- ---------------------------------------------------------------------------------------------------------------------------------
a. NAME, ADDRESS, AND ZIP CODE b. CAGE CODE c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip)
- ---------------------------------------------------------------------------------------------------------------------------------
8. ACTUAL PERFORMANCE
- ---------------------------------------------------------------------------------------------------------------------------------
a. LOCATION b. CAGE CODE c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip)
- ---------------------------------------------------------------------------------------------------------------------------------
9. GENERAL IDENTIFICATION OF THIS PROCUREMENT
PRODUCTION - LPD 17 AMPHIBIOUS TRANSPORT DOCK PROGRAM LEAD SHIP DETAIL DESIGN, SHIP SYSTEM INTEGRATION, CONSTRUCTION, TESTING,
LOGISTICS & LIFE CYCLE SUPPORT PLANNING AND DELIVERY
- ---------------------------------------------------------------------------------------------------------------------------------
10. THIS CONTRACT WILL REQUIRE ACCESS TO: YES NO 11. IN PERFORMING THIS CONTRACT, THE CONTRACTOR WILL: YES NO
- ---------------------------------------------------------------------------------------------------------------------------------
a. COMMUNICATIONS SECURITY (COMSEC) INFORMATION X a. HAVE ACCESS TO CLASSIFIED INFORMATION ONLY AT ANOTHER
CONTRACTOR'S FACILITY OR A GOVERNMENT ACTIVITY X
- ---------------------------------------------------------------------------------------------------------------------------------
b. RESTRICTED DATA X b. RECEIVE CLASSIFIED DOCUMENTS ONLY X
- ---------------------------------------------------------------------------------------------------------------------------------
c. CRITICAL NUCLEAR WEAPON DESIGN INFORMATION X c. RECEIVE AND GENERATE CLASSIFIED MATERIAL X
- ---------------------------------------------------------------------------------------------------------------------------------
d. FORMERLY RESTRICTED DATA X d. FABRICATE, MODIFY, OR STORE CLASSIFIED HARDWARE X
- ---------------------------------------------------------------------------------------------------------------------------------
e. INTELLIGENCE INFORMATION e. PERFORM SERVICES ONLY X
- ---------------------------------------------------------------------------------------------------------------------------------
(1) Sensitive Compartmented Information (SCI) X f. HAVE ACCESS TO U.S. CLASSIFIED INFORMATION OUTSIDE
THE U.S. PUERTO RICO, U.S. POSSESSIONS AND TRUST
TERRITORIES X
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(2) Non-SCI X g. BE AUTHORIZED TO USE THE SERVICES OF DEFENSE
TECHNICAL INFORMATION CENTER (DTIC) OR OTHER
SECONDARY DISTRIBUTION CENTER X
- ---------------------------------------------------------------------------------------------------------------------------------
f. SPECIAL ACCESS INFORMATION X h. REQUIRE A COMSEC ACCOUNT X
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g. NATO INFORMATION X i. HAVE TEMPEST REQUIREMENTS X
- ---------------------------------------------------------------------------------------------------------------------------------
h. FOREIGN GOVERNMENT INFORMATION X j. HAVE OPERATIONS SECURITY (OPSEC) REQUIREMENTS X
- ---------------------------------------------------------------------------------------------------------------------------------
i. LIMITED DISSEMINATION INFORMATION X k. BE AUTHORIZED TO USE THE DEFENSE COURIER SERVICE X
- ---------------------------------------------------------------------------------------------------------------------------------
j. FOR OFFICIAL USE ONLY INFORMATION X l. OTHER (Specify) X
- ------------------------------------------------------------
k. OTHER (Specify) X
10.J.: REFER TO ITEM 13
10.E.(2) INTELLIGENCE INFO
- ---------------------------------------------------------------------------------------------------------------------------------
DD FORM 254, DEC 90 Previous editions are obsolete 805/34
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12. PUBLIC RELEASE. Any information (classified or unclassified) pertaining to this contract shall not be released for public
dissemination except as provided by the Industrial Security Manual or unless it has been approved for public release by appropriate
U.S. Government authority. Proposed public releases shall be submitted for approval prior to release.
[ ] Direct [X] Through (Specify)
COMMANDER, NAVAL SEA SYSTEMS COMMAND (SEA OOD)
to the Directorate for Freedom of Information and Security Review, Office of the Assistant Secretary of Defense (Public Affairs)*
for review.
*In the case of non-DoD User Agencies, requests for disclosure shall be submitted to that agency.
- ---------------------------------------------------------------------------------------------------------------------------------
13. SECURITY GUIDANCE. The security classification guidance needed for this classified effort is identified below. If any
difficulty is encountered in applying this guidance or if any other contributing factor indicates a need for changes in this
guidance, the contractor is authorized and encouraged to provide recommended changes; to challenge the guidance or the classifica-
tion assigned to any information or material furnished or generated under this contract; and to submit any questions for
interpretation of this guidance to the official identified below. Pending final decision, the information involved shall be
handled and protected at the highest level of classification assigned or recommended. (Fill in as appropriate for the classified
effort. Attach or forward under separate correspondence any documents/guides/extracts referenced herein. Add additional pages
as needed to provide complete guidance.)
SECURITY CLASSIFICATION GUIDANCE IS AS FOLLOWS:
OPNAVINST S5513.3C-107 (U) LPD 17 AMPHIBIOUS TRANSPORT DOCK SHIP
NARRATIVE: 9T-INT CONDITIONS OF RELEASE FOR INTELLIGENCE DOCUMENTS
- - CLASSIFIED GFE/GFI SHALL BE HANDLED, STOWED AND PROTECTED COMMENSURATE WITH THE CLASSIFICATION OF THE INDIVIDUAL ITEM AND
IN ACCORDANCE WITH THE REQUIREMENTS OF DOD 5220.22-M, NISPOM. IF DETAILED SECURITY CLASSIFICATION GUIDANCE IS REQUIRED FOR
ANY ITEM OF GFE/GFI, SUBMIT A REQUEST TO NAVSEA PMS377, IDENTIFYING THE SPECIFIC ITEMS INVOLVED.
- - 10.J.: EXTRACT OF SECNAVINST 5720.42E, DON FREEDOM OF INFORMATION ACT (FOIA) PROGRAM; PARA 10, FOUO.
- - NAVSEAINST 5500 - CONTROL OF ACCESS TO VESSELS BY NON-U.S. CITIZENS DTD 2 MAR 88
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14. ADDITIONAL SECURITY REQUIREMENTS. Requirements, in addition to ISM requirements, are established for [ ] YES [X] NO
this contract. (If yes, identify the pertinent contractual clauses in the contract document itself,
or provide an appropriate statement which identifies the additional requirements. Provide a copy
of the requirements to the cognizant security office. Use Item 13 if additional space is needed.)
- ---------------------------------------------------------------------------------------------------------------------------------
15. INSPECTIONS. Elements of this contract are outside the inspection responsibility of the cognizant [ ] YES [X] NO
security office. (If yes, explain and identify specific areas or elements carved out and the
activity responsible for inspections. Use Item 13 if additional space is needed.)
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16. CERTIFICATION AND SIGNATURE. Security requirements stated herein are complete and adequate for
safeguarding the classified information to be released or generated under this classified effort.
All questions shall be referred to the official named below.
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a. TYPED NAME OF CERTIFYING OFFICIAL b. TITLE c. TELEPHONE (include Area Code)
P. A. BENNETT CONTRACTING OFFICER FOR (703) 602-3784
SECURITY MATTERS
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d. ADDRESS (include Zip Code) 17. REQUIRED DISTRIBUTION:
NAVAL SEA SYSTEMS COMMAND -----
ARLINGTON, VA 22242-5160 X a. CONTRACTOR
-----
b. SUBCONTRACTOR
-----
X c. COGNIZANT SECURITY OFFICE FOR PRIME AND SUBCONTRACTOR
- ---------------------------------------------------------------------
e. SIGNATURE d. U.S. ACTIVITY RESPONSIBLE FOR OVERSEAS SECURITY
----- ADMINISTRATION
/S/ P. A. BENNETT X e. ADMINISTRATIVE CONTRACTING OFFICER
-----
X f. OTHERS AS NECESSARY SEA OOG
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DD FORM 254 REVERSE, DEC 90
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<PAGE>
NARRATIVE: 9T-INT
REV-12/6/96
SECURITY CONTROLS ON THE DISSEMINATION OF
INTELLIGENCE INFORMATION RECEIVED OR GENERATED
UNDER NAVSEA CONTRACTS
1. All requests for Intelligence support/documentation shall be directed to
NAVSEA OOG via the cognizant NAVSEA program office.
2. Intelligence released to cleared contractors, all reproductions thereof, and
all other material generated based on, or incorporating data therefrom
(including authorized reproductions), remain the property of the US Government.
Final disposition of intelligence information shall be governed by the cognizant
NAVSEA program office and NAVSEA OOG.
3. The contractor may not release intelligence to employees or other components
not directly engaged in providing services under this NAVSEA contract or to
another contractor (including subcontractors) without the consent of the
cognizant NAVSEA program office and NAVSEA OOG.
4. The contractor shall not release intelligence information even though it
bears no restrictive markings, to foreign governments, foreign nationals, or
immigrant aliens, whether they are employees or not, without the authorization
of the cognizant NAVSEA program office and NAVSEA OOG.
5. All reproductions of intelligence will be classified, marked and controlled
in the same manner as the originals(s).
6. The contractor must have established procedures to control all intelligence
received, produced and held by them for the duration of the contract or any
other binding agreement; and to permit identification of all persons who have
had access to intelligence in their custody.
7. The above requirements pertain to all intelligence information received or
generated under this contract excluding SCI.
<PAGE>
14 APRIL 1994
01. IDENTIFYING DATA:
ID: 03C-107.1
CL: U
SU: LPD 17 Amphibious Transport Dock Ship (Formerly LX
Amphibious Ship)
OC: NAVSEA (09T)
CA: COMNAVSEASYSCOM
OD: 91-02-19
CD: TBD
RD: TBD
02. THREAT/BACKGROUND: Refer to Operational Requirements Document for LPD 17
Amphibious Assault Ship, Revision 3.
03. MISSION: To embark, transport, and land elements of a Marine Landing Force
in an assault by helicopters, landing craft, amphibious vehicles, and by a
combination of these methods.
04. FINANCIAL:
A. Current year budgetary data: FOUO (Unclassified upon submission to
Congress).
B. Outyear budgetary data: FOUO (Unclassified upon submission to
Congress).
05. MILESTONES:
A. Initial operating capability (IOC): C-X4 (Declassify after IOC).
B. Delivery dates: FOUO (Unclassified upon submission to Congress).
06. PERFORMANCE DATA AND TECHNICAL CHARACTERISTICS:
A. Landing craft: U
B. Vehicles and vehicle squares: U
C. Troops: U
D. Cargo cube: U
E. Speed:
(1) Sustained: U
(2) Endurance: U (R:13MAR96)
(3) Maximum: U
F. Endurance range: C-X4
G. Bulk fuel: U
H. Aircraft stowage: U
I. Ship's fuel (total) capacity: C-X4
J. Signature: References cited herein apply to all phases of LPD 17
acquisition (pre- and post-IOC) unless otherwise noted.
(1) Acoustic: Refer to OPNAVINST S5513.3B, enclosure (57).
(2) Radar Cross Section (RCS): Refer to OPNAVINST S5513.3C, enclosure
(91).
- -------------------------
Distribution Statement D: Distribution authorized to DOD and DOD contractors
only; Administrative or operational use. Other requests for this document will
be referred to COMNAVSEASYSCOM (09T1) or higher DOD authority.
Enclosure (107)
<PAGE>
(3) Magnetic: Refer to OPNAVINST S5513.7C, enclosure (7).
K. Design and actual shaft horsepower: U
L. Technical information design criteria:
(1) Length, Beam, Draft and Displacement: U
(2) General arrangement drawings which identify the following
specific survivability and vulnerability features: C-X4;
otherwise: FOUO
(A) Fragmentation and other armor protection schemes
(B) Structural hardening to resist weapons effects
M. Reliability, maintainability and availability (RMA) values: FOUO
N. Computer Product Model - Three Dimensional Product Model Database which
contains the survivability and vulnerability features described in
paragraph L.(2) above classified: C-X4.
07. OPERATIONAL AND TACTICAL: Will be addressed in next phase.
08. HARDWARE: Refer to the specific system guide. Hardware related to
acoustic silencing features: Refer to OPNAVINST S5513.3B enclosure (57).
09. COMPUTER RESOURCES FOR LPD 17 CLASS SHIPS: Computer hardware is
unclassified until a classified program is installed, at which time the computer
hardware assumes the classification of the program.
10. OTHER
A. Public releases: No publicity releases or public displays of any kind
are authorized on this program without the expressed written consent of
COMNAVSEASYSCOM (OOD) or higher DOD authority.
B. Documentation markings: Classified and unclassified technical
documentation generated under this program will have the following
handling caveats affixed to the cover and title page:
(1) "Distribution Statement D - Distribution authorized to DOD and
DOD contracts only; Administrative or operational use. Other
requests for this document will be referred to COMNAVSEASYSCOM
(PMS 317)."
(2) "Destruction Notice - for unclassified limited documents destroy
by any method that will prevent disclosure of contents or
reconstruction of the document."
C. Non-technical data which is unclassified sensitive will be marked and
protected as FOUO.
Note: Unless indicated otherwise, all classification levels identified apply to
each of the phases of the LPD 17 acquisition cycle.
2
Enclosure (107)
<PAGE>
EXTRACT OF SECNAVINST 5720.42E, DON FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
PARA 10, FOUO Washington, DC 20350-1000 5 June 1991
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SECNAV INSTRUCTION 5720.42E (4) Sample Letter Responses
(5) Sample Checklist for Conducting
From: Secretary of the Navy Staff Assistance Visits
To: All Ships and Stations (6) Litigation Status Sheet
(7) DD Form 2564, Annual Report -
Subj: DEPARTMENT OF THE NAVY Freedom of Information Act
FREEDOM OF INFORMATION ACT (8) Instructions for Preparing
(FOIA) PROGRAM DD Form 2564
(9) Annual FOIA Report Worksheet
Ref: (a) 5 U.S.C. (S) 552 (1988), (10) DD Form 2086, Record of
as amended by the Freedom of Freedom of Information Process-
Information Reform Act of 1986 ing Cost
(b) DOD Directive 5400.7 of (11) DD Form 2086-1, Record of
13 May 88 (NOTAL) Freedom of Information
(c) DOD 5400.7-R of Oct 90 (NOTAL) Processing Cost for Technical Data
(d) SECNAVINST 5730.5G. Procedures (12) Sample FOIA Training Package
for the Handling of Naval (FOIA Script and Slides)
Legislative Affairs and (13) Excerpt from General Records
Congressional Relations Schedule 14
(e) SECNAVINST 5211.5C. Personal (14) Addresses for DON Records and
Privacy and Rights of Indivi- Locations for Public Inspection
duals Regarding Records (15) FOIA Text
Pertaining to Themselves
(f) SECNAVINST 5740.26. Relations 1. Purpose
with the General Accounting
Office a. To implement Department of
(g) SECNAVINST 5720.45. Indexing, the Navy (DON) policies and procedures
Public Inspection, and Federal for DON personnel to follow on how
Register Publication of to comply with references (a), (b),
Department of the Navy and (c).
Directives and Other Documents
Affecting the Public (NOTAL) b. To promote uniformity in the DON
(h) SECNAVINST 5720.44A. Depart- Freedom of Information Act (FOIA) Program.
ment of the Navy Public
Affairs Policy and Regulations c. To provide guidance to members of the
(i) OPNAVINST 5510.1H. Department public on how and where to submit FOIA
of the Navy Information and requests and appeals within DON.
Personnel Security Program
Regulation This instruction has been completely revised and
(j) ACP-121 (United States Supple- should be read in its entirety. Enclosure (1) is
ment 1), Communication Instruc- Table of Contents.
tions
(k) OPNAVINST 5239.1A. Department 2. Cancellation. SECNAVINST 5720.42D.
of the Navy Automatic Data
Processing Security Program 3. Applicability. This instruction applies
throughout DON. It governs disclosure of
Encl: (1) Table of Contents agency records to "any person," which means
(2) FOIA Exemption Guidelines that any individual, to include foreign citizens,
(3) FOIA Fee Guidelines partnerships, corporations, associations and
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5 June 1991
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foreign, state, or local governments, may use the decisions to release/deny requests for the same
FOIA to obtain information. The exception to records to other requesters.
that policy is that it does not apply to Federal
agencies or to fugitives from justice. d. Publication and Public Availability of
Special Classes of Records. Reference (g)
a. Requests from State or Local provides that certain classes of DON regulatory,
Government Officials. Requests from state or rulemaking, and organizational records must be
local government officials for naval records are published in the Federal Register for the
treated the same as any other requester. guidance of the public and made available for
public inspection and copying.
b. Requests from Foreign Governments.
Requests from foreign governments for naval e. Public Affairs Regulations. This
records are treated the same as any other instruction complements, not restricts, the
requester. However, requests from foreign conduct of DON public affairs, media relations,
governments that do not invoke the FOIA shall community relations and internal relations
be referred to appropriate foreign disclosure functions and practices under reference (h).
channels and the requester so notified. However, if reference (h) conflicts with any
provisions of this instruction, this instruction
c. Privileged Release to U.S. Government controls.
Officials. Subject to references (c) through (i),
naval records may be authenticated and released f. U.S. Navy Regulations. Release of a
to U.S. Government officials if they are request- record to a member of the public under FOIA
ing them on behalf of Federal governmental shall be deemed to have occurred in the
bodies, whether legislative, executive, admin- discharge of official duties (Article 1120. U.S.
istrative, or judicial. For example: Navy Regulations (1990)). Process a request by
a member of the public under the instructions
(1) To a Committee or Subcommittee of outlined in Section 3 of Chapter 11, U.S. Navy
Congress, or to either House sitting as a whole. Regulations.
(Note: Requests from Members of Congress who
are not seeking records on behalf of a Congres- g. Other Directives. The following
sional Committee, Subcommittee, or either directives, to the extent they do not conflict,
House sitting as a whole, but on behalf of their supplement this instruction:
constituents, are treated the same as any other
requester). (1) Marine Corps Manual, paragraph
1015 (NOTAL); Marine Corps Order P5720.56,
(2) To the Federal courts, whenever Availability to the Public of Marine Corps
ordered by officers of the court as necessary for Records (NOTAL); and for Headquarters, U.S.
the proper administration of justice; Marine Corps, HQO P5000.12. Chapter 10
(NOTAL) and HQO 5720.9 (NOTAL).
(3) To other Federal agencies, both
executive and administrative, as determined by (2) Federal Personnel Manual. Chapters
the head of a naval activity or designee. 293, 294, 297, 335, 339, and 713 (NOTAL) -
release of information from active and inactive
In those instances, naval activities shall mark the civilian personnel records.
records as "Privileged" and "Exempt from Public
Disclosure." Any special handling instructions (3) Manual of the Medical Department.
shall also be annotated on the records. Because U.S. Navy (NAVMED P-117), Chapters 23-70
such releases are not made under the provisions through 23-79 (NOTAL) release of information
of the FOIA, they do not impact on future from active and inactive medical records.
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5 June 1991
(b) Routinely deployable units--Those units that normally deploy from
homeport or permanent station on a periodic or rotating basis to meet
operational requirements or participate in scheduled exercises. This includes
routinely deployable ships, aviation squadrons, operational staffs, and all
units of the Fleet Marine Force (FMF). Routinely deployable units do not include
ships undergoing extensive yard work or whose primary mission is support of
training, e.g., yard craft and auxiliary aircraft landing training ships.
(c) Units engaged in sensitive operations. Those primarily involved in
training for or conduct of covert, clandestine, or classified missions,
including units primarily involved in collecting, handling, disposing, or
storing of classified information and materials. This also includes units
engaged in training or advising foreign personnel. Examples of units covered by
this exemption are nuclear power training facilities. SEAL Teams, Security Group
Commands, Weapons Stations, and Communication Stations.
(3) Except as otherwise provided, lists containing names and duty addresses
of DOD personnel, both military and civilian, who are assigned to units in the
Continental United States (CONUS) and U.S. territories shall be released
regardless of who has initiated the request.
(4) Exceptions to this policy must be coordinated with CNO (OP-09B30) or CMC
(MI-3) prior to responding to requests, including those from Members of
Congress. The foregoing policy should be considered when weighing the
releasability of the address or phone number of a specifically named individual.
10. For Official Use Only (FOUO). FOUO is a marking which is placed on documents
to alert the holder that they contain information that may be withheld under
exemptions (b)(2) through (b)(9) of the FOIA. Because FOUO is not a security
classification, exemption (b)(1) does not apply.
a. Prior FOUO Application. The prior application of FOUO is not a conclusive
basis for withholding a record requested under FOIA. When such a record is
requested, it shall be evaluated to determine whether FOIA exemptions apply in
withholding all or portions of the record. Information which is reasonably
segregable and does not fall under a FOIA exemption(s) must be released to the
requester.
b. Historical Papers. Records such as notes, working papers, and drafts
retained as historical evidence of DON actions have no special status apart from
FOIA exemptions.
c. Time to Mark Records. The marking of records as the time of their
creation provides notice of FOUO content and facilitates review when a record is
requested under the FOIA. Records requested under FOIA that do not bear such
markings, shall not be assumed to be releasable without examination for the
presence of information that requires continued protection and qualifies as
exempt from public release.
d. Distribution Statement. Information in a technical document that requires
a distribution statement under reference (i) shall bear that statement and may
be marked FOUO, as appropriate.
e. Location of Markings
(1) An unclassified document that contains FOUO information shall have
FOR OFFICIAL USE ONLY typed, stamped, or printed in capital letters centered at
the bottom on the outside of the front cover (if any), on each page containing
FOUO information, and on the outside of the back cover (if any).
(2) An unclassified directive that contains FOUO information shall have
FOR OFFICIAL USE ONLY typed, stamped, or printed in capital letters centered at
the bottom on the outside of the front cover (if any), on each page of the
directive top and bottom, and on the outside of the back cover (if any).
19
<PAGE>
5 June 1991
(3) Within a classified document, an individual page that contains both
FOUO and classified information shall be marked at the top and bottom with the
highest security classification of information appearing on the page.
(4) Within a classified or unclassified document, an individual page that
contains FOUO information, but does not contain classified information, shall
have FOR OFFICIAL USE ONLY typed, stamped, or printed in capital letters
centered at the top and bottom edge of the page.
(5) Other records, such as photographs, films, cassette tapes, movies, or
slides, shall be marked FOR OFFICIAL USE ONLY so that a recipient or viewer
knows the status of the information.
(6) Unclassified automatic data processing (ADP) media with FOUO
information shall be marked as follows:
(a) An unclassified deck of punched or aperture cards with FOUO
information shall be marked as a single document with FOR OFFICIAL USE ONLY
marked on the face of the first and last card, and on the top of the deck.
(b) An unclassified magnetic tape, cassette, or disk pack that contains
FOUO information shall have FOR OFFICIAL USE ONLY marked externally on a
removable label. The resulting hard copy report or computer printout shall
reflect the FOR OFFICIAL USE ONLY marking on the top and bottom of each page. It
may be accomplished by using a programmable header or marking the hard copy
manually.
(7) FOUO material transmitted outside DON requires an expanded marking to
explain the significance of the FOUO marking. This may be accomplished by typing
or stamping the following statement on the record prior to transfer: "This
document contains information EXEMPT FROM MANDATORY DISCLOSURE under the FOIA.
Exemption(s)...apply(ies)."
f. Release and Transmission Procedures. Until FOUO status is terminated, the
following release and transmission instructions apply:
(1) FOUO information may be disseminated within DON activities and between
officials of the DON and contractors and grantees who conduct official business
for the DON or DOD. Recipients shall be made aware of the status of such
information, and transmission shall be by means that preclude unauthorized
public disclosure. Transmittal documents shall call attention to the presence of
FOUO attachments.
(2) DON holders of FOUO information may convey such information to
officials in other departments or agencies of the executive and judicial
branches to fulfill a governmental function, subject to any limitations
contained in the PA pertaining to disclosure of personal information from PA
record systems. When transmitting these records, ensure they are marked FOR
OFFICIAL USE ONLY, and the recipient is advised the information has been exempt
from public disclosure under FOIA and that special handling instructions do or
do not apply. For purposes of disclosing records, DOD is the "agency."
(3) Records released to Congress or the GAO should be reviewed to see if
the information warrants FOUO status. If not, prior FOUO markings shall be
removed. If the withholding criteria are met, the records shall be marked FOUO
and the recipient provided an explanation for such exemption and marking.
Alternatively, the recipient may be requested, without marking the record, to
protect it against public disclosure for reasons that are explained.
(4) Each part of electronically transmitted messages containing FOUO
information shall be marked appropriately. Unclassified messages containing FOUO
information shall contain the abbreviation "FOUO" before the
20
<PAGE>
5 June 1991
beginning of the text. Such messages shall be transmitted per communications
security procedures in reference (j) for FOUO information.
g. Transporting FOUO Information. Records which contain FOUO information
shall be transported in a manner that precludes disclosure of contents. If not
commingled with classified information, FOUO information may be sent via
first-class mail or parcel post. Bulky shipments that otherwise qualify under
postal regulations may be sent fourth-class mail.
h. Safeguarding FOUO Information
(1) During normal working hours, records determined to be FOUO shall be
placed in an out-of-sight location if the work area is accessible to
non-governmental personnel.
(2) At the close of business. FOUO records shall be stored to preclude
unauthorized access. Filing such material with other unclassified records in
unlocked files, desks, or similar containers is adequate when U.S. Government or
government contractor internal building security is provided during non-duty
hours. When internal security control is not exercised, locked buildings or
rooms normally provide adequate after-hours protection. If such protection is
not considered adequate, FOUO material shall be stored in locked receptacles,
such as file cabinets, desks, or bookcases. FOUO records that are subject to
the provisions of the PA (reference (e)) shall meet the safeguards for that
group of records as outlined in the PA systems notice.
(3) Guidance for safeguarding media marked FOUO and processed by an ADP
system, activity, or network is addressed in reference (k).
i. Termination. The originator or other competent authority, such as an IDA
or appellate authority, will terminate FOUO markings or status when the
information no longer requires protection from public disclosure. When FOUO
status is terminated, all known holders shall be notified as practical. Upon
notification, holders shall remove the FOUO markings. Records in file or storage
need not be retrieved solely for that purpose.
j. Disposal
(1) Non-record copies of FOUO material (including hard copy reports and
computer printouts) may be destroyed by tearing each copy into pieces to
preclude reconstructing, and disposed in regular trash containers. When local
circumstances or experiences indicates that this destruction method is
insufficient, local authorities may direct other methods while considering the
additional expense balanced against the Sensitivity of FOUO information in the
records. FOUO information on unclassified magnetic storage media shall be
disposed of by overwriting the media one time with any one character. Storage
areas within an automated data processing system (internal memory, buffers,
registers, and similar storage areas) may be cleared by using hardware clear
switch, a power-on reset cycle, or a program designated to overwrite the storage
area.
(2) Record copies of FOUO documents shall be disposed of following the
disposal standards under the Records Disposal Manual for the particular kind of
record.
k. Unauthorized Disclosure. The unauthorized disclosure of FOUO records
does not constitute an unauthorized disclosure of DON information classified for
security purposes. However, appropriate administrative or disciplinary action
shall be taken against those responsible. Unauthorized disclosure of FOUO
information that is protected by the PA may result in civil and criminal
sanctions against responsible person(s). The naval activity that originated the
FOUO information shall be informed of its unauthorized disclosure.
21
<PAGE>
5 June 1991
11. FOIA Appeals/Judicial Actions
a. How to File an Appeal. The following guidelines should be followed by
individuals wishing to appeal a denial of information, a request for
waiver/reduction of fees, or a "no record" response:
(1) The appeal must be received by the cognizant appellate authority
(i.e., Navy JAG (NJAG) or the General Counsel (OGC)) within 60 days of the
date of the response.
(2) The appeal letter must be in writing and requesters should provide a
copy of the IDA's response when filing a written appeal to the Navy's appellate
authorities (OGC or NJAG, depending on subject matter), regarding an IDA's
decision that a record is exempt in whole or in part or because a naval activity
denied a request for a waiver/reduction of fees. The requester should include a
copy of the denial letter and provide supporting rationale on why the appeal
should be granted. The requester may appeal a "no records" response if he/she
believes an adequate search of files was not conducted.
b. Time of Receipt. The time limits for responding to a FOIA appeal commence
when the appeal reaches the office of the appellate authority having
jurisdiction over the record. Misdirected appeals should be referred
expeditiously to the proper appellate authority.
c. Appellate Authorities.
(1) Responsibility and Authority: NJAG and OGC are authorized to
adjudicate appeals made to SECNAV on denials of requests for copies of DON
records or portions thereof, or refusals to waive or reduce fees on matters
within their respective areas of cognizance. That includes the authority to
release or withhold records, or portions thereof, waive or reduce fees, and to
act as required by SECNAV for appeals under reference (a) and this instruction.
NJAG and OGC are further authorized to delegate this authority to a designated
Assistant NJAG and the Principal Deputy OGC, respectively, under such terms and
conditions as they may deem appropriate.
(2) Respective areas of cognizance. As delineated in SECNAV Instructions
5430.25D and 5430.27A (NOTAL) the respective areas of cognizance of NJAG and OGC
for providing legal services for the DON are:
(a) NJAG: In addition to military law, all matters except those
falling under the cognizance of OGC.
(b) OGC: Business and commercial law aspects of:
1. Acquisition, custody, management, transportation, taxation,
and disposition of real and personal property and the procurement of services,
including the fiscal, budgetary, and accounting aspects thereof; excepting,
however, tort claims and admiralty claims arising independently of contracts,
and matters relating to the naval petroleum reserves;
2. Operations of the Military Sealift Command, excepting tort and
admiralty claims arising independently of contracts;
3. Office of the comptroller of the Navy;
4. Naval Computer and Telecommunications Command;
5. Patents, inventions, trademarks, copyrights, royalty
payments, and similar matters;
6. Procurement of foreign military sales, co-production and
cooperative research and development and related agreements. NATO
standardization agreements, and matters relating to the Arms Exports Control
Act.
7. DON litigation before the Armed Services Board of Contract
Appeals; and,
22
<PAGE>
[Seal appears here] DEPARTMENT OF THE NAVY
NAVAL SEA SYSTEMS COMMAND
WASHINGTON, D.C. 20342-5101
NAVSEAINST 5500.3A
OPR 0711
2 March 1988
NAVSEA INSTRUCTION 5500.3A
From: Commander, Naval Sea Systems Command
Subj: CONTROL OF ACCESS TO VESSELS BY NON-U.S. CITIZENS
Ref: (a) Title 50 U.S.C. Section 797 (1982)
(b) DODDIR 5200.8
(c) SECNAVINST 5511.36
(d) NAVSEAINST 5400.1C
(e) NAVSEAINST C5511.32A
(f) OPNAVINST 5510.1G
(g) OPNAVINST 5510.48J
(h) DOD 5220.22-M
Encl: (1) Access to Vessels by Non-U.S. Citizens Clause
(2) Access to Vessels by Non-U.S. Citizens (ACP Certification)
1. Purpose. To revise NAVSEA policy, guidelines, and procedures regarding the
control of access to vessels by non-U.S. citizen contractor employees. This is a
major revision to the current instruction.
2. Cancellation. This instruction cancels NAVSEAINST 5500.3 of 22 Oct 1985.
3. Discussion
a. References (a), (b), (c) and (d) provide authority for NAVSEA to issue
regulations restricting access to vessels and sites at which vessels are being
constructed, converted, repaired, or overhauled. These regulations are necessary
to protect the vessels and sites against destruction, loss, or injury by
accident or enemy action, sabotage, or other subversive actions.
b. Access to Navy vessels under construction, conversion, repair, or
overhaul and to their work sites by non-U.S. citizen contractor employees must
be accurately monitored and positively controlled as circumstances warrant. In
order to do this effectively without unduly disrupting or encumbering current
practices regarding employment of non-U.S. citizens by private industry,
contractors who choose to employ non-U.S. citizens on contracts involving the
construction, conversion, repair, or overhaul of naval vessels will be required
to develop an Access Control Plan (ACP) which must include the minimum
conditions and controls as set forth in enclosure (1).
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
4. Applicability
a. This instruction applies to all vessels of the Navy under construction,
conversion, repair, or overhaul and all associated work being performed under
the cognizance of NAVSEA or its field activities within the continental United
States and Hawaii. The term vessel includes every description of water craft or
other artificial contrivance used, or capable of being used, as a means of
transportation on water.
b. Pursuant to Executive Order 12344 of 1 February 1982 as made permanent by
Section 1634 of Public Law 98-525, 19 October 1984, the Director, Navy Nuclear
Propulsion Program, who also acts as the Deputy Commander for Nuclear Propulsion
Program, who also acts as the Deputy Commander for Nuclear Propulsion (NAVSEA
08), is responsible for all matters pertaining to Navy Nuclear Propulsion.
Accordingly, the control of access to the propulsion plant spaces of naval
nuclear powered vessels or to any Naval Nuclear Propulsion Information,
classified or unclassified is governed by references (e), (f), and (g) and is
not subject to the provisions of this instruction.
c. This instruction does not waive the requirements of reference (g), Chapter
2, Part 2, Paragraph 20210 concerning foreign visitors.
5. Policy
a. Control over the access to naval vessels under construction, conversion,
repair, or overhaul by contractor employees not known to be U.S. citizens will
be maintained by NAVSEA pursuant to conditions and controls required by
enclosure (1) which will be included in each contract and agreement.
b. No person not known to be a U.S. citizen shall be allowed to go on board
vessels of the Navy under construction, conversion, repair, or overhaul except
on the authority of COMNAVSEA or his designated field representative assigned
supervision of the construction, conversion, repair, or overhaul of the vessel.
c. No person not known to be a U.S. citizen shall be allowed at the
construction, conversion, repair, or overhaul sites and areas adjacent thereto
as specifically designated, including but not limited to shops within naval or
commercial shipyards, repair facilities, docks, ways, drydocks, or piers, except
on authority of COMNAVSEA, or his designated field representative assigned
supervision of the construction, conversion, repair, or overhaul.
d. No person not known to be a U.S. citizen shall be eligible for access as
provided by paragraphs b and c of this section, except upon a finding by
COMNAVSEA, or his designated field representative that such access should be
permitted in the best interest of the United States. Such a finding may be made
in the
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
case of non-U.S. citizen contractor employees from friendly countries when the
contractor employing these non-U.S. citizens on Navy ship work contracts has an
approved ACP that meets, as a minimum, the requirements of enclosure (1).
Notwithstanding the existence of an approved ACP, an individual determination
must be made by COMNAVSEA or designated Headquarters representative, on the
desirability of allowing access of non-U.S. citizens of hostile and/or
communist-controlled countries to U.S. Navy vessels. Specific data required for
these individuals are delineated in enclosure (1). A list of hostile and/or
communist-controlled countries is set forth in reference (h).
e. COMNAVSEA maintains authority for Controlled Industrial Area, nuclear
work areas, or any other area where Navy Nuclear Propulsion Information or work
is ongoing. NAVSEA 08 review and approval of Access Control Plans are required
for foreign access into these areas.
f. A contractor's compliance with an approved ACP will be monitored and
verified on a periodic basis by the cognizant Contract Administration Office
(CAO). Noncompliance serves to cancel the authorization previously granted, and
the contractor would then be precluded from the continued use of non-U.S.
citizens on that contract until such time as compliance with an approved ACP is
demonstrated. Continued use of non-U.S. citizen contractor employees without an
approved ACP or when a previous authorization has been cancelled, is considered
a violation of security regulations.
g. When it is in the best interest of the United States, the previous
authorization for access of non-U.S. citizen contractor employees may be
cancelled by COMNAVSEA.
6. Procedure
a. The requirements of this instruction shall be invoked via the clause in
enclosure (1) which shall be included in all Navy contracts, agreements, and job
orders involving construction, conversion, repair and overhaul of Navy vessels
under construction, conversion, repair, or overhaul and all work associated
therewith which is being performed under the cognizance of NAVSEA or its field
activities and within the continental United States and Hawaii.
b. A specific ACP is valid only for the contract or agreement for which it
is approved. An ACP which is approved for a Master Ship Repair Agreement (MSRA),
an Agreement for Boat Repair (ABR), or a Basic Ordering Agreement (BOA) is valid
and applicable to all job orders awarded under the respective agreement.
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
7. Effective Date. The provisions of this instruction are applicable to all
contracts and job orders as described herein which are solicited after 15 March
1988. Existing contracts should be modified using the clause in enclosure (1),
at the earliest practical time during the period of performance.
8. Action
a. COMNAVSEA
(1) COMNAVSEA, or Headquarters designee will have final authority to
approve access by non-U.S. citizens of hostile and/or communist-controlled
countries. NAVSEA Access Control Plan Committee will provide initial
recommendation based on information forwarded by Contract Administration
Offices.
b. NAVSEA Contracts Directorate
(1) The NAVSEA Contracts Directorate will include the clause in enclosure
(1) invoking the requirements of this instruction in all Headquarters
solicitations for the construction, conversion, repair, or overhaul of naval
vessels as applicable under paragraph 4 of this instruction. Enclosure (2) will
also be included in all applicable Headquarters solicitation packages.
c. NAVSEA Program Managers
(1) The NAVSEA Program Manager's Data Manager will list the ACP as a
Contract Data Requirements List (CDRL) item.
d. NAVSEA Security Manager
(1) The NAVSEA Security Manager will establish and maintain guidelines
indicating the criteria for an acceptable ACP.
e. NAVSEA SUPSHIP Management Group
(1) The NAVSEA SUPSHIP Management Group will serve as point of contact for
ACP matters.
f. NAVSEA Access Control Plan Committee
(1) The NAVSEA Access Control Plan (ACP) Committee, composed of
representatives of the NAVSEA Security Manager and NAVSEA SUPSHIP Management
Group, will provide initial determination of desirability of access to U.S. navy
vessels by non-U.S. citizens of hostile and/or communist-controlled countries.
Other issues concerning ACPs will also be addressed within this group, with
input from other NAVSEA Codes, as appropriate.
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
g. Contract Administration Office (CAO)
(1) The cognizant CAO will include the clause in enclosure (1) and the
provision in enclosure (2) in all locally issued ship work or job order
solicitations. The CAO will include the clause in enclosure (1) and list the ACP
as a CDRL item in all locally issued ship work or job order contracts.
(2) The cognizant CAO will review all ACPs for adequacy and compliance
with the requirements of enclosure (1), following guidelines promulgated by the
NAVSEA Security Manager. The CAO will also advise the contractor of the adequacy
of its ACP and, where satisfactory, will approve that ACP. That approval
constitutes authorization to employ non-U.S. citizens of friendly countries on
Navy ship work contracts subject to the policies of paragraph 5.
(3) The cognizant CAO will forward all information concerning access of
non-U.S. citizens of hostile and/or communist-controlled countries to the NAVSEA
point of contact. Approval/disapproval of ACP will not be delayed for individual
access determinations, but CAO must notify the contractor that employees that
fall in above category must be denied access until approval is received from
COMNAVSEA or headquarters designee.
(4) The cognizant CAO will develop a procedure to monitor and verify
contractor's compliance with its ACP and advise the NAVSEA SUPSHIP Management
Group of noncompliance or violations.
(5) The cognizant CAO will maintain on file all data necessary to monitor
and verify contractors' compliance with the requirements of enclosure (1). For
each contractor, the file must include a copy of its approved ACP and data
reflecting number, nationality and positions held by non-U.S. citizen employees
of friendly countries. Additional data will be maintained on non-U.S. citizens
of hostile/communist-controlled countries approved for access to U.S. Navy
vessels. Such additional data will include name, place of birth, citizenship (if
different from place of birth), date of entry to U.S., extenuating circumstances
(if any) concerning immigration to the U.S., number of years employed by
contractor, position, and any stated intent concerning citizenship.
(6) The cognizant CAO is responsible to NAVSEA for the oversight of
contractor performance to ensure the contractor's compliance with the provisions
of its approved ACP.
h. Contractor
(1) Where non-U.S. citizen contractor employees are used for the
accomplishment of ship work under a specific agreement or contract, an ACP which
meets the requirements of enclosure (1)
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
must be developed by the contractor and submitted to the cognizant CAO for
approval in accordance with the clause set forth in enclosure (1). Enclosure (2)
will be used to show intent of the contractor concerning use of non-U.S. citizen
employees, as well as approval ACP or action to develop ACP.
(2) When non-U.S. citizen contractor employees are citizens of hostile
and/or communist-controlled countries, the contractor is required to submit
additional data including name, place of birth, citizenship (if different from
place of birth) date of entry to U.S., extenuating circumstances (if any)
concerning immigration to the U.S., number of years employed by contractor,
position, and any stated intent concerning U.S. citizenship.
(3) Prime contractors have full responsibility for the proper
administration of the approved ACP for all work performed under the associated
contract or agreement regardless of the location of the vessel and must ensure
compliance by all subcontractors, technical representatives and other persons
granted access to the vessel, adjacent area and work site.
/s/ H.L. YOUNG
---------------
H.L. Young
Vice Commander
DISTRIBUTION:
See next page
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
Distribution:
SNDL C84 COMNAVSEASYSCOM Share Based Detachments
FKP Share Activities Under the command of COMNAVSEASYSCOM
Copy to:
SNDL 21A Fleet Commanders in Chief
24A Naval Air Force Commanders
24D Surface Force Commanders
24E COMINEWARCOM
24F COMNAVLOGPAC
A3 CNO
B2A DLA
C4L DNL
E3B LAB ONR
FKQ6B NAVCOASTSYSCEN
FKQ6C NAVOCEANSYSCEN
FKQ6E DTNSRDC
FKQ6F NAVSWC
FKQ6G NUSC
FKQ6H NAVWPNCEN
FKA1A COMNAVAIRSYSCOM
FKA1B COMSPAWARSYSCOM
FKA1C COMNAVFACENGCOM
FKA1F COMNAVSUPSYSCOM (SUP 02, 03,09)
FKA8F2 NAVPRO
FKM13 SPCC
FKM15 ASO
FKM22 NAVPUBFORMCEN (300)
FT88 EDOSCOL
Naval Publications & Printing Service Office, NDW
SEA 09B11 (5)
SEA 09B38 (100)
SEA 0711 (50)
Stocked:
Commanding Officer
Naval Publication and Forms Center
5801 Tabor Avenue
Philadelphia, PA 19120-5099
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
ACCESS TO VESSELS BY NON-U.S. CITIZENS CLAUSE
(a) No person not known to be a U.S. citizen shall be eligible for access to
naval vessels, work sites and adjacent areas when said vessels are under
construction, conversion, overhaul, or repair, except upon a finding by NAVSEA
or his designated representative that such access should be permitted in the
best interest of the United States. The contractor shall establish procedures to
comply with the requirements of this clause and the NAVSEAINST 5500.3A in effect
on the date of this contract or agreement.
(b) If the contractor desires to employ non-U.S. citizens in the performance of
work under this contract or agreement that requires access as specified in
paragraph (a) to this clause, approval must be obtained prior to access for each
contract or agreement where such access is required. To request such approval
for non-U.S. citizens of friendly countries, the contractor shall submit to the
cognizant Contract Administration Office (CAO), an Access control Plan (ACP)
which shall contain as a minimum, the following information:
(1) Badge or Pass oriented identification, access, and movement
control system for non-U.S. citizen employees with the badge or pass to be worn
or displayed on outer garments at all times while on the contractor's facilities
and when performing work aboard ship.
(i) Badges must be of such design and appearance that permits easy
recognition to facilitate quick and positive identification.
(ii) Access authorization and limitations for the bearer must be
clearly established and in accordance with applicable security regulations and
instructions.
(iii) A control system, which provides rigid accountability procedures
for handling lost, damaged, forgotten, and no longer required badges, must be
established.
(iv) A badge or pass check must be performed at all points of entry to
the contractor's facilities or by a site supervisor for work performed on
vessels outside of the contractor's plant.
(2) Contractor's plan for ascertaining citizenship and for screening
employees for security risk.
(3) Data reflecting the number, nationality, and positions held by non-U.S.
citizen employees, including procedures to update as non-U.S. citizen employee
data changes, and pass to cognizant CAO.
(4) Contractor's plan for ensuring subcontractor compliance with the
provisions of the contractor's ACP.
Enclosure (1)
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
(5) These conditions and controls are intended to serve as guidelines
representing the minimum requirements of an acceptable ACP. They are not meant
to restrict the contractor in any way from imposing additional controls
necessary to tailor these requirements to a specific facility.
(c) To request approval for non-U.S. citizens of hostile and/or
communist-controlled countries (listed in Department of Defense Manual, DOD
5220.22M or available from cognizant CAO) contractor shall include in ACP the
following employee data: name, place of birth, citizenship (if different from
place of birth), date of entry to U.S., extenuating circumstances (if any)
concerning immigration to U.S., number of years employed by contractor,
position, and stated intent concerning U.S. citizenship. COMNAVSEA will make
individual determinations of desirability of access for above group. Approval of
ACPs for access of non-U.S. citizens of friendly countries will not be delayed
for approval of non-U.S. citizens of hostile communist-controlled countries. But
until COMNAVSEA approval is received, contractor must deny access to vessels for
employees who are non-U.S. citizens of hostile and/or communist-controlled
countries.
(d) An ACP which has been approved for specific Master Ship Repair Agreement
(MSRA) or Agreement for Boat Repair (ABR) or Basic Ordering Agreement (BOA), is
valid and applicable to all job orders awarded under that agreement.
(e) The contractor shall fully comply with approved ACPs. Noncompliance by the
contractor or subcontractor serves to cancel any authorization previously
granted, in which case the contractor shall be precluded from the continued use
of non-U.S. citizens on this contract or agreement until such time as compliance
with an approved ACP is demonstrated and upon a determination by the CAO that
the Government's interests are protected. Further, the Government reserves the
right to cancel previously granted authority when such cancellation is
determined to be in the Government's best interest. Use of non-U.S. citizens,
without an approved ACP or when a previous authorization has been cancelled,
will be considered a violation of security regulations. Upon confirmation by the
CAO of such violation, this contract, agreement or any job order issued under
this agreement may be terminated for default.
(f) Prime contractors have full responsibility for the proper administration of
the approved ACP for all work performed under this contract or agreement
regardless of the location of the vessel and must ensure compliance by all
subcontractors, technical representatives and other persons granted access to
U.S. Navy vessels, adjacent areas, and work sites.
(g) In the event the contractor does not intend to employ non-U.S. citizens in
the performance of work under this contract, but has non-U.S. citizen employees,
such employees must be precluded from access to the vessel and its work site and
those shops where work on the vessel's equipment is being performed. The ACP
must spell out how non-U.S. citizens are excluded from access to contract work
areas.
(h) The same restriction as in paragraph (g) above applies to other non-U.S.
citizens who have access to the contractor's facilities (e.g., for accomplishing
facility improvements, from foreign crewed vessels within its facilities, etc.).
Enclosure (1) 2
<PAGE>
NAVSEAINST 5500.3A
2 March 1988
Access To Vessels by Non-U.S. Citizens (ACP Certification)
(a) The bidder or offeror, in the performance of any contract and/or
job order resulting from this solicitation ________ intends, ______ does not
intend (check applicable line) to employ non-U.S. citizens in the performance of
work that requires access to naval vessels, work sites and adjacent areas when
such vessels are under construction, conversion, overhaul or repair.
(b) If the bidder or offeror, "intends" in paragraph (a) above, the
bidder shall insert in the spaces provided below, the required information:
(c) Whether or not the bidder or offeror intends to employ non-U.S.
citizens, the actual access of non-U.S. citizens to naval vessels is subject to
the requirements of the clause entitled, "ACCESS TO VESSELS BY NON-U.S.
CITIZENS".
ACCESS CONTROL PLAN (ACP)
Approved ACP No._______________________
If no approved ACP, indicate below, actions
taken or anticipated relative to ACP submission
to applicable Contract Administration Office
(See NAVSEA Instruction 5500.3)
Enclosure (2)
<PAGE>
N00024-97-C-2202
ATTACHMENT J-0039
GOVERNMENT PRODUCTION AND RESEARCH
PROPERTY AUTHORIZED FOR USE ON A RENT
FREE NON-INTERFERENCE BASIS
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
ELECTRONIC TEST EQUIPMENT
MISCELLANEOUS ITEMS MD-E7H903XXX010
N00024-85-C-2144 1
TEST EQUIPMENT NA N00024-85-C-2144 1
DISPLAY UNIT 202 N00024-85-C-2144 1
MONITOR NA N00024-85-C-2144 1
MISCELLANEOUS ITEMS UAV004 N00024-85-C-2144 1
MISCELLANEOUS ITEMS UAE0003 N00024-85-C-2144 1
MISCELLANEOUS ITEMS TBY0008 N00024-85-C-2144 1
MISCELLANEOUS ITEMS TBY0010 N00024-85-C-2144 1
MISCELLANEOUS ITEMS TBY0011 N00024-85-C-2144 1
MULTIPLEXER UAH0009 N00024-85-C-2144 1
MULTIPLEXER UAH0005 N00024-85-C-2144 1
MULTIPLEXER UAH0006 N00024-85-C-2144 1
MULTIPLEXER UAH0005 N00024-85-C-2144 1
MISCELLANEOUS ITEMS TBY0009 N00024-85-C-2144 1
MISCELLANEOUS ITEMS TBY0006 N00024-85-C-2144 1
TEST EQUIPMENT NA N00024-87-C-2257 1
CENTRAL PROCESSING UNIT P90004536 N00024-87-C-2257 1
CENTRAL PROCESSING UNIT P90004543 N00024-87-C-2257 1
ATTENUATOR 300DB BIRD 8329-300 N00024-93-C-2800 1
ATTENUATOR FIXED 10DB 799T-10 N00024-93-C-2800 1
ATTENUATOR FIXED 10DB 799T-10 N00024-93-C-2800 1
ATTENUATOR FIXED 3DB HEWP 8491A-003 N00024-93-C-2800 1
ATTENUATOR FIXED 3DB HEWP 8491A-003 N00024-93-C-2800 1
ATTENUATOR PAD 20DB MOD A00201 N00024-93-C-2800 1
ATTENUATOR SET HEWP/11582A N00024-93-C-2800 1
ATTENUATOR STEP AF117-A-69-34 N00024-93-C-2800 1
CABLE 5F 1428/U 25' RCA F242VV3000A2 N00024-93-C-2800 1
CRYSTAL DETECTOR HEWP/423A N00024-93-C-2800 1
JVDC PROBE (1000X) HVP-250 N00024-93-C-2800 1
METER POWER ALLOY HP 435B N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
MULTIMETER MOD A00201 FLUK/8020B N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
RF SIG GEN 1026-01 GAGATRONICS 72" N00024-93-C-2800 1
SIMPLEX TESTER 125A N00024-93-C-2800 1
SIMPLEX TESTER 125A N00024-93-C-2800 1
SIGNAL DATA REC/REP SET 131-5050-1B N00024-93-C-2800 1
CABLE TESTER 2037-1000 N00024-93-C-2800 1
MULTIMETER DIGITAL FLUKE 8060A N00024-93-C-2800 1
B-2500 ELECTRICAL TOOL TESTER N00024-93-C-2800 1
DIGITAL MULTIMETER FLUKE 8000A N00024-93-C-2800 1
DIGITAL MULTIMETER FLUKE 8000A N00024-93-C-2800 1
DIGITAL MULTIMETER FLUKE 8000A/BU N00024-93-C-2800 1
DIGITAL MULTIMETER FLUKE 87 N00024-93-C-2800 1
DIGITAL MULTIMETER FLUKE 87 N00024-93-C-2800 1
DIGITAL MULTIMETER FLUKE 87 N00024-93-C-2800 1
MULTIMETER DIGITAL FLUKE 8600A N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
RECORDER ERROR 2860047 N00024-93-C-2800 1
RF SIG GEN 1026-01 GIGATRONICS 18"& N00024-93-C-2800 1
RIM-B MEGOHMETER MFGR:PPM INC N00024-93-C-2800 1
RIM-B MEGOHMETER MFGR:PPM INC N00024-93-C-2800 1
RADIO UHF ARC-59 N00024-93-C-2800 1
MTTU JUMPER CABLES 5A460C207 N00024-93-C-2800 1
HANDSET BATH RADIO STATION 503-168-001 N00024-93-C-2800 1
HANDSET PTLD RADIO STATION 503-168-011 N00024-93-C-2800 1
ADAPTER 2041 FOR 17 XTF 2041 N00024-93-C-2800 1
ADAPTER 2041 FOR 17 XTF 2041 N00024-93-C-2800 1
ADAPTER W/G 90 DEG (E) AIRTRON 124837- N00024-93-C-2800 1
ADAPTER W/G 90 DEG (H) AIRTRON 124840- N00024-93-C-2800 1
ADAPTER W/G STRAIGHT AIRTRON 122848- N00024-93-C-2800 1
ADAPTER W/G TO COAXIAL NARDA 614 N00024-93-C-2800 1
ADAPTER W/G TO COAXIAL NARDA 614 N00024-93-C-2800 1
ADAPTER WG COAXIAL 2261A N00024-93-C-2800 1
ALIGNMENT CONTROL PANE USN PT 542 N00024-93-C-2800 1
AMPLIFIER POWER KHOHN HITE 7500 N00024-93-C-2800 1
AMPLIFIER TWTA HUGHES 8010H03R N00024-93-C-2800 1
ANALYZER CRT COLOR MINOLTA CA-100 N00024-93-C-2800 1
ANALYZER CRT COLOR MINOLTA CA-100 N00024-93-C-2800 1
ANALYZER LOGIC TEKTRONIX 1241 N00024-93-C-2800 1
ANALYZER NETWORK HP-8410C N00024-93-C-2800 1
ANALYZER SPECTRUM TEKT/492A N00024-93-C-2800 1
ANALYZER WAVE 3581A N00024-93-C-2800 1
ASSEMBLY TEST PANEL SCC-DCC RAYTHEON 106599 N00024-93-C-2800 1
ATTENUATOR MIDWEST 3551 N00024-93-C-2800 1
ATTENUATOR MIDWEST 3551 N00024-93-C-2800 1
ATTENUATOR 874-GAL N00024-93-C-2800 1
ATTENUATOR FIXED HP 8491B N00024-93-C-2800 1
ATTENUATOR PRECISION STEP Q WEINSCHEL 64A N00024-93-C-2800 1
ATTENUATOR SET HP-11582A N00024-93-C-2800 1
ATTENUATOR SET MIDWEST 3551 N00024-93-C-2800 1
ATTENUATOR STEP 355D N00024-93-C-2800 1
ATTENUATOR STEP 355C N00024-93-C-2800 1
ATTENUATOR VARIABLE NARDA 792FF N00024-93-C-2800 1
ATTENUATOR VARIABLE NARDA 792FF N00024-93-C-2800 1
ATTENUATOR VARIABLE WEINSCHEL 64A N00024-93-C-2800 1
BAND PASS FILTER VNOHN-HITE 3500 N00024-93-C-2800 1
CABLE COAX 50 GHM BNC (M) HEWP/10501A N00024-93-C-2800 1
CABLE COAX 50 GHM BNC (M) HEWP/10501A N00024-93-C-2800 1
CABLE COAX 50 GHM BNC (M) HEWP/10501A N00024-93-C-2800 1
CABLE COAX 50 GHM BNC (M) HEWP/10501A N00024-93-C-2800 1
CABLE DUPLEX 200 FT HEWP/11679B N00024-93-C-2800 1
CABLE POWER METER 25 FT HP-11730C N00024-93-C-2800 1
CABLE POWER METER 25 FT HP-11730C N00024-93-C-2800 1
CABLE SF 1428/U 20 FT RCA/F242VV2400A N00024-93-C-2800 1
CABLE SF 1428/U 25' RCA F242-VV-3000A2 N00024-93-C-2800 1
CALIBRATION KIT HP 85054D N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
CAPACITOR ANALYZER SENCORE LC-102 N00024-93-C-2800 1
COAXIAL DIRECTIONAL BRIDGE HEWP/8721A/008 N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
COAXIAL TERMINATION 908A N00024-93-C-2800 1
CONVERTER FREQUENCY HP-8411A N00024-93-C-2800 1
COUNTER TIME INTERVAL DANA/1996 OPTIO N00024-93-C-2800 1
COUPLER 10DB NARD 4203-10 N00024-93-C-2800 1
COUPLER 16DB NARD 4203-16 N00024-93-C-2800 1
COUPLER 6DB NARD 4203-6 N00024-93-C-2800 1
COUPLER DIRECTIONAL NARDA 4203-10 N00024-93-C-2800 1
COUPLER DIRECTIONAL NARDA 4226-20 N00024-93-C-2800 1
CRYSTAL DETECTOR HEWP/423A N00024-93-C-2800 1
CURRENT MONITOR G2854321 N00024-93-C-2800 1
DATA LINK EMULATOR N00024-93-C-2800 1
DC HI-POT HIPO/HD125 N00024-93-C-2800 1
DECADE RESISTOR RESIST-O-STAT-II N00024-93-C-2800 1
DETECTOR CRYSTAL HP-8472B N00024-93-C-2800 1
DETECTOR CRYSTAL HP-8472B N00024-93-C-2800 1
DETECTOR CRYSTAL HP-8472B N00024-93-C-2800 1
DETECTOR CRYSTAL HP-8472B N00024-93-C-2800 1
DETECTOR CRYSTAL HP-8472B N00024-93-C-2800 1
DIFFEENTIAL VOLTMETER FLUK/893A N00024-93-C-2800 1
DIGITAL MULTIMETER FLUK/8600A N00024-93-C-2800 1
DIGITAL MULTIMETER FLUK/8600A N00024-93-C-2800 1
DIGITAL MULTIMETER FLUK/8600A N00024-93-C-2800 1
DIGITAL MULTIMETER FLUK/8600A N00024-93-C-2800 1
DIGITAL MULTIMETER FLUK/8600A N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
DIGITAL MULTIMETER W/PROBES FLUK/8600A-01 4 N00024-93-C-2800 1
DIGITAL MULTIMETER W/PROBES FLUK/8000A N00024-93-C-2800 1
DIGITAL O-SCOPE MODEL 2430A N00024-93-C-2800 1
DIRECTIONAL COUPLER HEWP/778D N00024-93-C-2800 1
DIRECTIONAL COUPLER HEWP/778D N00024-93-C-2800 1
DISPLAY PHASE MAGNITUDE HP-8412B N00024-93-C-2800 1
DUAL TIME BASE FOR 7904 TEKT/7B92A N00024-93-C-2800 1
DUAL TRACE AMP FOR 7904 TEKT/7A26 N00024-93-C-2800 1
DYNAMIC SIGNAL GENERATOR HP35660A N00024-93-C-2800 1
F/O DRIVER OPT SOURCE 9XT N00024-93-C-2800 1
F/O DRIVER OPT SOURCE 9XT N00024-93-C-2800 1
F/O LASER SOURCE CT1JL7 RIFOCS 263A N00024-93-C-2800 1
F/O METER JUMPER CABLE ST-4 N00024-93-C-2800 1
F/O METER JUMPER CABLE ST-ST1 N00024-93-C-2800 1
F/O METER JUMPER CABLE ST-ST1 N00024-93-C-2800 1
F/O METER JUMPER CABLE ST-ST1 N00024-93-C-2800 1
F/O METER JUMPER CABLE ST-ST1 N00024-93-C-2800 1
F/O METER JUMPER CABLE 6877804-06-0003 N00024-93-C-2800 1
F/O METER JUMPER CABLE N00024-93-C-2800 1
F/O METER JUMPER CABLE N00024-93-C-2800 1
F/O METER JUMPER CABLE ST-ST4 N00024-93-C-2800 1
F/O METER JUMPER CABLE ST-ST4 N00024-93-C-2800 1
F/O METER JUMPER CABLE ST-ST4 N00024-93-C-2800 1
F/O METER JUMPER CABLE 6877804-06-0004 N00024-93-C-2800 1
F/O MODULE LIGHT SOURCE 1700-1300-T N00024-93-C-2800 1
F/O MODULE LIGHT SOURCE 1700-1300-T N00024-93-C-2800 1
F/O POWER METER 17XTF/CT1JL5 N00024-93-C-2800 1
F/O POWER METER R1FOCS 557B N00024-93-C-2800 1
F/O POWER METER 17XTF/CT1JL5 N00024-93-C-2800 1
F/O TEST JUMPER CABLE 6877804-08-0004 N00024-93-C-2800 1
F/O TEST JUMPER CABLE 6877804-08-0002 N00024-93-C-2800 1
F/O TEST JUMPER CABLE 6877804-08-0002 N00024-93-C-2800 1
F/O TEST JUMPER CABLE 6877804-08-0003 N00024-93-C-2800 1
FIBERSCOPE INDUSTRIAL OLYMPUS BF-3C3R N00024-93-C-2800 1
FIXED COAXIAL ATTENUATOR 20 DB N00024-93-C-2800 1
FREQ SELECTIVE VOLTMETER SIERRA 303B
FREQUENCY COUNTER HEWP/5340A-001 N00024-93-C-2800 1
FREQUENCY COUNTER RACAL-DANA 1992 N00024-93-C-2800 1
FUSEHOLDER RF HEWP/11509A N00024-93-C-2800 1
GENERATOR DATA/TIME N00024-93-C-2800 1
GENERATOR DISTORTION DIGITECH 2182-0 N00024-93-C-2800 1
GENERATOR PULSE 1HZ-50MHZ P00332057 N00024-93-C-2800 1
GENERATOR SIGNAL H/P 8640BA-001 N00024-93-C-2800 1
GENERATOR SYN 3325A N00024-93-C-2800 1
GENERATOR TRACKING HEWP/8443A N00024-93-C-2800 1
GENERATOR TRACKING HEWP/8444A N00024-93-C-2800 1
HEADSET TELEX PH-61 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
HEADSET TELEX PH62 N00024-93-C-2800 1
HEADSET TELEX PH62 N00024-93-C-2800 1
HIPOT TESTER HIPOTRONICS 800PL N00024-93-C-2800 1
HORN S-BAND NARDA 644 N00024-93-C-2800 1
HORN S-BAND NARDA 644 N00024-93-C-2800 1
HV AC PROBE (1000X) TEKT/P6015 N00024-93-C-2800 1
HV AC PROBE (1000X) TEKT/P6015 N00024-93-C-2800 1
HV DC PROBE HIPO/HVP 250 N00024-93-C-2800 1
HYGROMETER PROBE 700/9A, 700/9-1 N00024-93-C-2800 1
INSTR CAMERA 75MM 6 WATT HEWP/197B W/OPT N00024-93-C-2800 1
INTERFACE BOX N00024-93-C-2800 1
ISOLATION TRANSFORMER SPX-3031 N00024-93-C-2800 1
KEYBOARD LA12-DB N00024-93-C-2800 1
LATCH HANDTOOL KIT AMP 768340-1 N00024-93-C-2800 1
LOAD DUMMY BIRD 8892 W/BA- N00024-93-C-2800 1
LOAD DUMMY BIRD/8135/80A N00024-93-C-2800 1
LOAD DUMMY BIRD 8135/80A N00024-93-C-2800 1
LOAD DUMMY (TERMINATION) TELO/TRM1-3.00 N00024-93-C-2800 1
LOAD DUMMY (TERMINATION) TELO/TRM1-2.00 N00024-93-C-2800 1
LOAD DUMMY (TERMINATION) TELO/TRM1-1.000 N00024-93-C-2800 1
LOAD DUMMY (TERMINATION) TELO/TRM1-1.000 N00024-93-C-2800 1
LOAD DUMMY HI-PWR W/G ARRA 284-920 N00024-93-C-2800 1
LOAD DUMMY HI-PWR W/G ARRA 284-920 N00024-93-C-2800 1
LOAD DUMMY HI-PWR W/G ARRA 284-920 N00024-93-C-2800 1
LOAD DUMMY W/G ARRA 284-920 N00024-93-C-2800 1
MEGGER BIDDLE 212159 N00024-93-C-2800 1
MEGGER 100-500 VOLT AULINST 1602 N00024-93-C-2800 1
METER FM/AM MODULATION MARCONI TF-2304 N00024-93-C-2800 1
METER PEAK POWER WAVETEK 8501 N00024-93-C-2800 1
METER POWER HP-436A N00024-93-C-2800 1
METER POWER HP-436A N00024-93-C-2800 1
METER POWER BOONTON 4200-S/ N00024-93-C-2800 1
METER POWER HP-436A N00024-93-C-2800 1
METER POWER BOONTON 4200-S/ N00024-93-C-2800 1
METER POWER HP-436A N00024-93-C-2800 1
METER POWER HP-436A N00024-93-C-2800 1
METER POWER HP-436A N00024-93-C-2800 1
METER POWER HP-436A N00024-93-C-2800 1
METER POWER BOONTON 4200-S/ N00024-93-C-2800 1
METER POWER HEWP/HP-435B N00024-93-C-2800 1
METERO MILLIAMPT CLIP-ON HP-428B W/PROBE N00024-93-C-2800 1
MICROSCOPE TEST BENCH B1W N00024-93-C-2800 1
MILLIOHMETER BIDDLE 247800 N00024-93-C-2800 1
MILLIVOLTMETER RF DANA/9302 OPT 3 N00024-93-C-2800 1
MILLIVOLTMETER RF DANA/9302 OPT 3 N00024-93-C-2800 1
MIXER S-BAND AMAC MDC-154 N00024-93-C-2800 1
MIXER S-BAND ANZAC MDC-154 N00024-93-C-2800 1
MODULATOR RF HEWP/11720A N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
MOUNT THERMISTOR HEWP/8478B N00024-93-C-2800 1
MOUNT THERMISTOR HEWP/8481A N00024-93-C-2800 1
MULTIMETER FLUK/8020B N00024-93-C-2800 1
MULTIMETER FLUK/8020B N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
MULTIMETER ANALOG SIMP/260-6XLP N00024-93-C-2800 1
MULTIMETER ANALOG SIMP/260-6XLP N00024-93-C-2800 1
MULTIMETER ANALOG SIMP/260-6XLP N00024-93-C-2800 1
MULTIMETER ANALOG SIMP/260-6XLP N00024-93-C-2800 1
MULTIMETER ANALOG SIMP/260-6XLP N00024-93-C-2800 1
MULTIMETER DC FLUKE 8060A N00024-93-C-2800 1
MULTIMETER DC FLUKE 8060A N00024-93-C-2800 1
MULTIMETER DIGITAL HP-3478A N00024-93-C-2800 1
MULTIMETER DIGITAL HP-3478A N00024-93-C-2800 1
MULTIMETER DIGITAL FLUKE 77AN N00024-93-C-2800 1
MULTIMETER DIGITAL FLUKE 77AN N00024-93-C-2800 1
MULTIMETER DIGITAL FLUK/8800A-02 N00024-93-C-2800 1
MULTIMETER DIGITAL FLUK/8800A-02 N00024-93-C-2800 1
MULTIMETER DIGITAL HV PROBE MODEL 641 N00024-93-C-2800 1
MULTIMETER DIGITAL HV PROBE MODEL 641 N00024-93-C-2800 1
MULTIMETER DIGITAL HV PROBE MODEL 641 N00024-93-C-2800 1
MULTIMETER DIGITAL HV PROBE MODEL 641 N00024-93-C-2800 1
NETWORK ANALYZER 5EK 3002 PRISM N00024-93-C-2800 1
NITRO CHARGE KIT MOORESTOWN N00024-93-C-2800 1
OSCILLATOR AUDIO HEWP/3312A N00024-93-C-2800 1
OSCILLATOR SWEEP HP-8622B N00024-93-C-2800 1
OSCILLOSCOPE PLUG IN 7A26 N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX 2246 N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX 2430A N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX 2467B N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX 2467B N00024-93-C-2800 1
OSCILLOSCOPE TEKT/7904 N00024-93-C-2800 1
OSCILLOSCOPE TEKT/AN/USM-244 N00024-93-C-2800 1
OSCILLOSCOPE N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX 2246 N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX 2246 N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX 2467B N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX 2246 N00024-93-C-2800 1
OSCILLOSCOPE TEK 2246 N00024-93-C-2800 1
OSCILLOSCOPE TEK 213 N00024-93-C-2800 1
OSCILLOSCOPE 150 MHZ TEKTRONIX 2245 N00024-93-C-2800 1
OSCILLOSCOPE 150 MHZ TEKTRONIX 2245 N00024-93-C-2800 1
OSCILLOSCOPE 150 MHZ TEKTRONIX 2245 N00024-93-C-2800 1
OSCILLOSCOPE 400 MHZ TEK 2467B N00024-93-C-2800 1
OSCILLOSCOPE CAMERA C30BP N00024-93-C-2800 1
OSCILLOSCOPE CAMERA C30BP N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
PC ANZUS SYSTEM HP 600 450 N00024-93-C-2800 1
PHASE ROTATION IND WEIM/4600 N00024-93-C-2800 1
PHASE ROTATION IND WEIM/4600 N00024-93-C-2800 1
PHASE SEQUENCE METER ETCON PS-720 N00024-93-C-2800 1
PHASE SEQUENCE METER 60 HZ ETCON PS-720 N00024-93-C-2800 1
PHASE SHIFTER MERRIMAR PS-5-6 N00024-93-C-2800 1
PHASE SHIFTER MERRIMAR PS-5-6 N00024-93-C-2800 1
PHONE SOUND POWERED DYNALEC N00024-93-C-2800 1
PHONE SOUND POWERED DYNALEC N00024-93-C-2800 1
PHONE SOUND POWERED DYNALEC N00024-93-C-2800 1
PHONE SOUND POWERED DYNALEC N00024-93-C-2800 1
PLUG IN SPECTRUM ANALYZER H/P 8552B N00024-93-C-2800 1
PLUG IN SPECTRUM ANALYZER H/P 8552B N00024-93-C-2800 1
PLUG IN SWEEP OSC H/P 86290C N00024-93-C-2800 1
PLUG-IN AMP FOR 7904 TEKT/7A19 N00024-93-C-2800 1
PLUG-IN SWEEP OSCILLATOR HP-86222B N00024-93-C-2800 1
PORTABLE DATA INTERROGATOR MOORESTOWN N00024-93-C-2800 1
POWER METER HEWP/432B N00024-93-C-2800 1
POWER SENSOR HP-8481A N00024-93-C-2800 1
POWER SENSOR HP-8481A N00024-93-C-2800 1
POWER SENSOR HP-8481A N00024-93-C-2800 1
POWER SENSOR HP-8481A N00024-93-C-2800 1
POWER SENSOR HP-8481A N00024-93-C-2800 1
POWER SENSOR HP-8481A N00024-93-C-2800 1
POWER SENSOR HP-8484A N00024-93-C-2800 1
POWER SENSOR CABLE HP 11730P N00024-93-C-2800 1
POWER SENSOR CABLE HP-11730P N00024-93-C-2800 1
POWER SPLITTER HEWP 11667A N00024-93-C-2800 1
POWER SUPPLY DC HEWP 6234A N00024-93-C-2800 1
POWER SUPPLY DC HEWP 6234A N00024-93-C-2800 1
POWER SUPPLY DC HEWP 6234A N00024-93-C-2800 1
POWER SUPPLY DC HEWP 6234A N00024-93-C-2800 1
POWER SUPPLY DC HEWP 6234A N00024-93-C-2800 1
POWER SUPPLY DC 6266B N00024-93-C-2800 1
PROBE P6015 N00024-93-C-2800 1
PROBE 100X AV-5344 N00024-93-C-2800 1
PROBE 100X TEK P6009 N00024-93-C-2800 1
PROBE HIGH VOLTAGE FLUKE 80K-40 N00024-93-C-2800 1
PROBE HIGH VOLTAGE FLUKE 80K-40 N00024-93-C-2800 1
PROBE HIGH VOLTAGE FLUKE 80K-40 N00024-93-C-2800 1
PROBE HIGH VOLTAGE CP/HVP 250 N00024-93-C-2800 1
PROBE HIGH VOLTAGE CB/HVP 250 N00024-93-C-2800 1
PROBE RF FLUK/85RF-1 N00024-93-C-2800 1
PROBE RF FLUK/85RF-1 N00024-93-C-2800 1
PROBE VOLTAGE 10X2M TEKT/010-6106-0 N00024-93-C-2800 1
PULSE GENERATOR (DATA PULSE) SYSTRON DONNER N00024-93-C-2800 1
PURGE KIT N00024-93-C-2800 1
QUADRATURE TEST SET W60003 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
QUADRATURE TEST SET RAYTHEON W89022 N00024-93-C-2800 1
RADIATION HAZARD MONITOR NARDA 8616 N00024-93-C-2800 1
RAVE OPT SYSTEM RAVE SN 0111 N00024-93-C-2800 1
RAVE OPT SYSTEM RAVE SN 0110 N00024-93-C-2800 1
RECORDER XY HP-7046B N00024-93-C-2800 1
RECORDER XY HP-8405A N00024-93-C-2800 1
S BAND HORN NARD/644 N00024-93-C-2800 1
SABLE SF 1428/25' RCA F242-VV-3000A2 N00024-93-C-2800 1
SENSOR POWER HEWP/8481A N00024-93-C-2800 1
SENSOR POWER HP-8484A N00024-93-C-2800 1
SENSOR POWER HP-8484A N00024-93-C-2800 1
SENSOR POWER HP-8482A N00024-93-C-2800 1
SENSOR POWER HP-8484A N00024-93-C-2800 1
SENSOR POWER HEWP/8481A N00024-93-C-2800 1
SENSOR POWER HP-8482A N00024-93-C-2800 1
SENSOR, POWER HP-8481A N00024-93-C-2800 1
SENSOR, POWER HP-8484A W/1170 N00024-93-C-2800 1
SENSOR, POWER HP-8484A W/1170 N00024-93-C-2800 1
SHELF MAINT EQUIPMENT RAYTHEON 928262 N00024-93-C-2800 1
SHIFTER PHASE COAXIAL NARDA 3752 N00024-93-C-2800 1
SIGNAL GENERATOR WAVETEK 3006 N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SOUND POWERED PHONES OS INSTRUMENT C N00024-93-C-2800 1
SPECTRUM ANALYZER HEWP/141T N00024-93-C-2800 1
SPECTRUM ANALYZER HEWP/141T N00024-93-C-2800 1
SPECTRUM ANALYZER HEWP/141T N00024-93-C-2800 1
SPECTRUM ANALYZER PLUG IN HEWP/8555A N00024-93-C-2800 1
SPECTRUM ANALYZER PLUG IN HEWP/8555A N00024-93-C-2800 1
SPECTRUM ANALYZER PLUG-IN HEWP/8556A N00024-93-C-2800 1
SPECTRUM ANALYZER PLUG-IN HEWP/8554B N00024-93-C-2800 1
SPECTRUM ANALYZER PLUG-IN HEWP/8553B N00024-93-C-2800 1
SPECTRUM ANALYZER PLUG-IN HEWP/8553B N00024-93-C-2800 1
SPECTRUM ANALYZER PLUG-IN HEWP/8552B N00024-93-C-2800 1
STORAGE OSCILLOSCOPE TEKT/466 N00024-93-C-2800 1
STORAGE OSCOPE W/MEMORY NIC 2090-IIIB N00024-93-C-2800 1
STROBOTAC GENRAD 1531 N00024-93-C-2800 1
SUPPLY COLD LIGHT OLYMPUS 1LK5 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
SWITCHER HUNTRON 410 N00024-93-C-2800 1
SYNCHRO TESTER 400 HZ FORWAY MODEL MK N00024-93-C-2800 1
SYNCHRO TESTER 400 HZ FORWAY MODEL MK N00024-93-C-2800 1
TAPE RECORDER HEWP/3964A W/4E N00024-93-C-2800 1
TERMINATION 50 OHM 50T-006-3:5:1 N00024-93-C-2800 1
TERMINATION 50 OHM 50T-006-3:5:1 N00024-93-C-2800 1
TERMINATION 50 OHM HEWP 909A-013 N00024-93-C-2800 1
TERMINATION 50 OHM 50T-006-3:1 N00024-93-C-2800 1
TERMINATION 50 OHM 50T-006-3:1 N00024-93-C-2800 1
TERMINATION 50 OHM HEWP 909A-013 N00024-93-C-2800 1
TERMINATION COAXIAL HP 909A N00024-93-C-2800 1
TERMINATION COAXIAL HP 909A N00024-93-C-2800 1
TERMINATION 50 OHM HEWP/908A N00024-93-C-2800 1
TERMINATION 50 OHM NARD/370BNF N00024-93-C-2800 1
TERMINATION 50 OHM HEWP/908A N00024-93-C-2800 1
TERMINATION 50 OHM NARD/370BNF N00024-93-C-2800 1
TERMINATION 50 OHM NARD/370BNF N00024-93-C-2800 1
TERMINATION 50 OHM NARD/370BNF N00024-93-C-2800 1
TERMINATION 50 OHM HEWP/908A N00024-93-C-2800 1
TERMINATION 50 OHM HEWP/908A N00024-93-C-2800 1
TEST PANEL ASSY RAYTHEON 106599 N00024-93-C-2800 1
TEST PORT RETURN CABLES HP 85132E/F N00024-93-C-2800 1
TEST SET RADIATION HAZARD NARDA 70039 N00024-93-C-2800 1
THERMOMETER DIGITAL FLUK/2165A N00024-93-C-2800 1
THERMOMETER DIGITAL FLUKE 52 N00024-93-C-2800 1
THERMOMETER DIGITAL FLUKE 52 N00024-93-C-2800 1
THERMOMETER DIGITAL FLUKE 52 N00024-93-C-2800 1
THERMOMETER DIGITAL FLUKE 52 N00024-93-C-2800 1
TRACKER HUNTRON 2000A N00024-93-C-2800 1
TRUE RMS DIGITAL MULTIMETER DATA PRECISION N00024-93-C-2800 1
TRUE RMS VOLTMETER BALL/323-20 MOD N00024-93-C-2800 1
TV TRACKER CT0JZ3 SN7 N00024-93-C-2800 1
TV TRACKER CTOJZ3 SN8 N00024-93-C-2800 1
VISICORDER 18 CHAN HONEYWELL 1858- N00024-93-C-2800 1
VOLTMETER HEWP/400GL N00024-93-C-2800 1
VOLTMETER DIFFERENTIAL FLUKE 893A N00024-93-C-2800 1
VOLTMETER PHASE ANGLE NORTH ATLANTIC N00024-93-C-2800 1
VOLTMETER TRUE RMS FLUKE 8920A N00024-93-C-2800 1
VOLTMETER TRUE RMS FLUKE 8920A N00024-93-C-2800 1
WATTMETER 4410A BIRD 440A N00024-93-C-2800 1
WATTMETER TERMLINE BIRD 6156 N00024-93-C-2800 1
XY RECORDER WX2400 N00024-93-C-2800 1
XY RECORDER GRAPHTEC 4000 N00024-93-C-2800 1
AC VOLTMETER MODEL 3056A N00024-93-C-2800 1
AMP METER YEW MODEL 2013- N00024-93-C-2800 1
ANEMOMETER TESTER 623081-1 N00024-93-C-2800 1
CART OSCILLOSCOPE TEKTRONIX K212 N00024-93-C-2800 1
CART OSCILLOSCOPE TEKTRONIX K213 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
CHART RECORDER BRUSH 220 N00024-93-C-2800 1
COAX TERMUNATION HP 909A N00024-93-C-2800 1
DC POWER SUPPLY MODEL 6267B N00024-93-C-2800 1
DIRECTIONAL W/G COUPLER HP-H-752C N00024-93-C-2800 1
DISTORTION ANALYZER MODEL 334A N00024-93-C-2800 1
DUAL DC POWER SUPPLY MODEL 6205C N00024-93-C-2800 1
EXTENDER BOARD 8006-8185-1 N00024-93-C-2800 1
EXTENDER BOARD 8006-8185-1 N00024-93-C-2800 1
FREQUENCY COUNTER MODEL 5383A N00024-93-C-2800 1
FUNCTION GENERATOR MODEL 3314A N00024-93-C-2800 1
MULTIMETER MODEL 8010A N00024-93-C-2800 1
MULTIMETER MODEL 8050A N00024-93-C-2800 1
OSCILLOSCOPE MODEL 2215A N00024-93-C-2800 1
OSCILLOSCOPE MODEL 7603 N00024-93-C-2800 1
OSCILLOSCOPE MODEL 2445A N00024-93-C-2800 1
PLUG-IN DUAL TRACE AMPLIFIER MODEL 7A-18A N00024-93-C-2800 1
PLUG-IN SINGLE TRACE AMPLIFIER MODEL 7A15A N00024-93-C-2800 1
PLUG-IN TIME BASE MODEL7B-53A N00024-93-C-2800 1
PRECISION ADAPTER SET 8801K N00024-93-C-2800 1
PULSE GENERATOR MODEL 8011A N00024-93-C-2800 1
RMS VOLTMETER MODEL 3400A N00024-93-C-2800 1
SOUND LEVEL METER MODEL 2230 N00024-93-C-2800 1
SWITCHER UNIT MODEL HSR410 N00024-93-C-2800 1
TRACKER MODEL 2000 N00024-93-C-2800 1
TRACKER MODEL 2000 N00024-93-C-2800 1
TRACKER MODEL 2000 N00024-93-C-2800 1
VARIABLE W/G ATTENUATOR HP-H-382A N00024-93-C-2800 1
VHF ATTENUATOR MODEL 355D N00024-93-C-2800 1
VHF ATTENUATOR MODEL 355C N00024-93-C-2800 1
VOLTMETER SIMPSON 260 N00024-93-C-2800 1
WG ADAPTER HP-H-281A N00024-93-C-2800 1
WG ADAPTER HP-HX292B N00024-93-C-2800 1
WG COAXIAL ADAPTER HP-H-281A N00024-93-C-2800 1
WG COAXIAL PREC ADAPTER HP-X-281C N00024-93-C-2800 1
WG COAXIAL PREC ADAPTER HP-X-281C N00024-93-C-2800 1
XTAL DETECTOR HP 84708 N00024-93-C-2800 1
XTAL DETECTOR HP 84708 N00024-93-C-2800 1
ANALYZER NETWORK 121 MODEL 182T N00024-93-C-2800 1
ANALYZER SPECTRUM HP-8559A N00024-93-C-2800 1
ATTENUATOR STEP MODEL AF-117A-6 N00024-93-C-2800 1
COUNTER ELECTRONIC MODEL ECL 548A N00024-93-C-2800 1
COUPLER DIRECTIONAL MODEL 4203-6 N00024-93-C-2800 1
COUPLER DIRECTIONAL MODEL 3222-16 N00024-93-C-2800 1
COUPLER DIRECTIONAL 4203-10 N00024-93-C-2800 1
COUPLER DIRECTIONAL 4203-10 N00024-93-C-2800 1
COUPLER DIRECTIONAL MODEL 4203-10 N00024-93-C-2800 1
DETECTOR MODEL 11664A N00024-93-C-2800 1
DETECTOR MODEL 11664A N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
DETECTOR MODEL 11664A N00024-93-C-2800 1
MILLAMETER ANALOG MODEL HP-428A N00024-93-C-2800 1
MODULATOR #141 MODEL 11665B N00024-93-C-2800 1
PLUG IN MODEL 86222A N00024-93-C-2800 1
PLUG IN RF MODEL 8755B N00024-93-C-2800 1
POWER SUPPLY 33DC MODEL 6214A N00024-93-C-2800 1
RECORDER LAB YX MODEL 7045A N00024-93-C-2800 1
RELECTRORMETER BRIDGE MODEL HP 11666A N00024-93-C-2800 1
SPLITTER POWER MODEL 11667A N00024-93-C-2800 1
SWEEPER MAINFRAME MODEL 86202 N00024-93-C-2800 1
SWEEPER MAINFRAME MODEL 8620C N00024-93-C-2800 1
SWEEPER PLUG IN MODEL 86290A N00024-93-C-2800 1
SWEEPER PLUG IN MODEL 86290C N00024-93-C-2800 1
ATTENUATOR STEP NARDA 705B-99 N00024-93-C-2800 1
COUPLER DIRECTIONAL NARDA 3222-16 N00024-93-C-2800 1
GENERATOR PULSE HP-8111A N00024-93-C-2800 1
MAIN FRAME SPECTRUM ANALYZER HP-141-T N00024-93-C-2800 1
MAIN FRAME SWEEP OSCILLATOR HP 8620C N00024-93-C-2800 1
OSCILLOSCOPE TEKTRONIX MODEL N00024-93-C-2800 1
PLUG IN SPECTRUM ANALYZER HP-8552B N00024-93-C-2800 1
PLUG IN SPECTRUM ANALYZER HP-8555A N00024-93-C-2800 1
PLUG IN SWEEP OSCILLATOR HP-8622B N00024-93-C-2800 1
TERMINATION 50 OHM NARDA 370 BNM N00024-93-C-2800 1
CABLE SF 1428/U 25' RCA N00024-93-C-2800 1
CABLE SF 1428/U 25' RCA N00024-93-C-2800 1
AC VOLTMETER HP-3400A N00024-93-C-2800 1
ACCELEROMETER 788206 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 762748 N00024-93-C-2800 1
ACCELEROMETER 3785 N00024-93-C-2800 1
ACCELEROMETER 3783 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 2932 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4384 N00024-93-C-2800 1
ACCELEROMETER 4384 N00024-93-C-2800 1
ACCELEROMETER 3788 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER T-305S N00024-93-C-2800 1
ACCELEROMETER T-4371 N00024-93-C-2800 1
ACCELEROMETER 2177 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER PCB 307A N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K TYPE 4371 N00024-93-C-2800 1
ACCELEROMETER B&K TYPE 4371 N00024-93-C-2800 1
ACCELEROMETER B&K TYPE 4371 N00024-93-C-2800 1
ACCELEROMETER B&K TYPE 4371 N00024-93-C-2800 1
ACCELEROMETER B&K TYPE 4384 N00024-93-C-2800 1
ACCELEROMETER B&K TYPE 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER PCB 307A N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER B&K TYPE 4384 N00024-93-C-2800 1
ACCELEROMETER 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER V/G LOW N00024-93-C-2800 1
ACCELEROMETER 4370 N00024-93-C-2800 1
ACCELEROMETER B&K 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER 4384 N00024-93-C-2800 1
ACCELEROMETER B&K 4371 N00024-93-C-2800 1
ACCELEROMETER CALIBRATOR B&K 4294 N00024-93-C-2800 1
ACCELEROMETER CALIBRATOR B&K 4291 N00024-93-C-2800 1
ACCELEROMETER CALIBRATOR 4294 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
AMPLIFIER CARD 216A-01-A-01-04 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216a-01-a-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
AMPLIFIER CARD 216A-01-A-01-03 N00024-93-C-2800 1
ANALYZER TEKTRONIX 2630 N00024-93-C-2800 1
B&K POWER AMP 2706 N00024-93-C-2800 1
CHARGE AMP 2635 N00024-93-C-2800 1
DEGAUSSER TAPE AUTOMATIC TD-2903-4B N00024-93-C-2800 1
DUAL DC POWER SUPPLY 6205C N00024-93-C-2800 1
EXTENDER BOARD X2A 100 PIN N00024-93-C-2800 1
EXTENDER BOARD X1A 80 PIN N00024-93-C-2800 1
FORCE TRANSDUCER MODEL #205A N00024-93-C-2800 1
FORCE TRANSDUCER MODEL #1061V1 N00024-93-C-2800 1
FOURNIER ANALYZER TEKTRONIX 2630 N00024-93-C-2800 1
FUNCTION GENERATOR W/POWER CORD HP-3310A N00024-93-C-2800 1
FUNCTION GENERATOR W/POWER CORD HP-3310A N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE AMP 2644 N00024-93-C-2800 1
LINE DRIVE PREAMPLIFIER B&K 2644 N00024-93-C-2800 1
LINE DRIVE PREAMPLIFIER B&K 2644 N00024-93-C-2800 1
LINE DRIVE PREAMPLIFIER B&K 2644 N00024-93-C-2800 1
LINE DRIVE PREAMPLIFIER B&K 2644 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
LINE DRIVE SUPPLY B&K 5910 N00024-93-C-2800 1
LINE DRIVE SUPPLY B&K 5910 N00024-93-C-2800 1
MAIN FRAME SIG CONDITIONER 216A-01-0113- N00024-93-C-2800 1
O'SCOPE MONITOR 1200B(R) N00024-93-C-2800 1
O'SCOPE MONITOR 1200B(R) N00024-93-C-2800 1
O'SCOPE MONITOR 1200B(R) N00024-93-C-2800 1
O'SCOPE W/2EA PROBE LINE 2235 N00024-93-C-2800 1
O'SCOPE W/2EA PROBE LINE CORD 2215 N00024-93-C-2800 1
OSCILLOSCOPE MONITOR 1200B N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PRE-AMPLIFIER 600-SE-20/40 N00024-93-C-2800 1
PREAMPLIFIER 600A-00-20 N00024-93-C-2800 1
PREAMPLIFIER 23201-28 N00024-93-C-2800 1
PREAMPLIFIER 600A-00-20 N00024-93-C-2800 1
PREAMPLIFIER 600A-00-20 N00024-93-C-2800 1
PREAMPLIFIER 600A-00-20 N00024-93-C-2800 1
PREAMPLIFIER 600A-00-20 N00024-93-C-2800 1
PREAMPLIFIER 23201-24 N00024-93-C-2800 1
PREAMPLIFIER 23201-27 N00024-93-C-2800 1
PREAMPLIFIER 23201-17 N00024-93-C-2800 1
PREAMPLIFIER 600A-00-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600-SE-20 N00024-93-C-2800 1
PREAMPLIFIER 600SE-20 N00024-93-C-2800 1
PRECISION FILTER 216A-01-R-0-18- N00024-93-C-2800 1
PRECISION FILTER 216A N00024-93-C-2800 1
PRECISION FILTER 216A-01-R-0-18- N00024-93-C-2800 1
PROCESSOR MULTI CHANNEL SIG. 60884 N00024-93-C-2800 1
PROGRAMMED SCANNER TI5003 N00024-93-C-2800 1
RECORDER HONEYWELL 101 N00024-93-C-2800 1
RECORDER 101 N00024-93-C-2800 1
RECORDER HONEYWELL 101 N00024-93-C-2800 1
RMS VOLTMETER HP-3400A N00024-93-C-2800 1
SOUND POWERED HEADSET H-5030 N00024-93-C-2800 1
SOUND POWERED HEADSET J5090 N00024-93-C-2800 1
SPECTRUM ANALYZER HP-3561A N00024-93-C-2800 1
SPECTRUM ANALYZER HP-3561A N00024-93-C-2800 1
TAPE RECORDER N00024-93-C-2800 1
TAPE RECORDER N00024-93-C-2800 1
TAPE RECORDER B&K 7007A N00024-93-C-2800 1
UNIVERSAL COUNTER HP-5315B N00024-93-C-2800 1
UNIVERSAL COUNTER HP-5315B N00024-93-C-2800 1
VIBRATION EXCITER 4809 N00024-93-C-2800 1
RADIATION HAZ TEST SET N00024-93-C-2800 1
355D VHF ATTENUATOR DC-120DB N00024-93-C-2800 1
ACCELEROMETER MODEL 4371 N00024-93-C-2800 1
ACCELEROMETER MODEL 4371 N00024-93-C-2800 1
ACCELEROMETER 10 V/G LOW G MODEL 8306S N00024-93-C-2800 1
ADAPTER PLUG IN MODEL 10590A N00024-93-C-2800 1
ADAPTER PLUG IN MODEL 10590A N00024-93-C-2800 1
ADAPTER PLUG IN MODEL 10590A N00024-93-C-2800 1
ADAPTER PLUG IN MODEL 10590A N00024-93-C-2800 1
ADAPTER W/G NARDA 615 N00024-93-C-2800 1
ADAPTER WAVEGUIDE MODEL UG-1358/U N00024-93-C-2800 1
ADAPTER WAVEGUIDE MODEL UG-1358/U N00024-93-C-2800 1
AMPLIFIER MODEL 8447F N00024-93-C-2800 1
AMPLIFIER MODEL 7A19 N00024-93-C-2800 1
AMPLIFIER DUAL TRACE MODEL 7A26 N00024-93-C-2800 1
AMPLIFIER V DUAL CHANNEL MODEL 1801A N00024-93-C-2800 1
AMPLIFIER V DUAL CHANNEL MODEL 1801A N00024-93-C-2800 1
AMPLIFIER V DUAL CHANNEL MODEL 1801A N00024-93-C-2800 1
ANALYZER SPECTRUM MODEL HP 8569A N00024-93-C-2800 1
ANALYZER WAVE MODEL 3581A/C N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
ANGLE POSITION IND 8810 N00024-93-C-2800 1
ATTENUATOR 8323 N00024-93-C-2800 1
ATTENUATOR POWER 8323 N00024-93-C-2800 1
ATTENUATOR MODEL 4M-30 N00024-93-C-2800 1
ATTENUATOR 20DB N00024-93-C-2800 1
ATTENUATOR MODEL 4M-10 N00024-93-C-2800 1
ATTENUATOR MODEL 4M-20 N00024-93-C-2800 1
ATTENUATOR MODEL 4M-6 N00024-93-C-2800 1
ATTENUATOR N00024-93-C-2800 1
ATTENUATOR N00024-93-C-2800 1
ATTENUATOR MODEL 4M-2 N00024-93-C-2800 1
ATTENUATOR COAXIAL STEP MODEL 8495A N00024-93-C-2800 1
ATTENUATOR COAXIAL STEP MODEL 8494A N00024-93-C-2800 1
ATTENUATOR COAXIAL STEP MODEL 8495A N00024-93-C-2800 1
ATTENUATOR COAXIAL STEP MODEL 8494A N00024-93-C-2800 1
ATTENUATOR FIXED 10DB MODEL WEINSCHEL N00024-93-C-2800 1
ATTENUATOR FIXED 3DB WEINSCHEL MODEL N00024-93-C-2800 1
ATTENUATOR FIXED COAXIAL MODEL 8491A N00024-93-C-2800 1
ATTENUATOR FIXED COAXIAL MODEL 8491A N00024-93-C-2800 1
ATTENUATOR FIXED GDB N00024-93-C-2800 1
ATTENUATOR FIXED GDB N00024-93-C-2800 1
ATTENUATOR REFERENCE MODEL HP-1170BA N00024-93-C-2800 1
ATTENUATOR STEP MODEL 3550 N00024-93-C-2800 1
ATTENUATOR STEP MODEL 3550 N00024-93-C-2800 1
ATTENUATOR STEP MODEL 355C N00024-93-C-2800 1
ATTENUATOR STEP MODEL 355C N00024-93-C-2800 1
ATTENUATOR VARIABLE MODEL 432D N00024-93-C-2800 1
AUDIO OUTPUT METER MODEL 1840 N00024-93-C-2800 1
BAND PASS N00024-93-C-2800 1
BRIDGE IMPENDANCE MODEL 1650B N00024-93-C-2800 1
CABLE EXTENDER 200 FT MODEL 11679B N00024-93-C-2800 1
CALIBRATOR MODEL 11683A N00024-93-C-2800 1
CALIBRATOR POWER METER GEN MICRO #308 N00024-93-C-2800 1
CIRCUIT BKR TEST N00024-93-C-2800 1
CONVERTER FREQUENCY MODEL 5354A N00024-93-C-2800 1
CONVERTER FREQUENCY MODEL 5354A N00024-93-C-2800 1
CONVERTER FREQUENCY MODEL 5354A N00024-93-C-2800 1
COUNTER MODEL 5354A N00024-93-C-2800 1
COUNTER MODEL 5354A N00024-93-C-2800 1
COUNTER MODEL 5354A N00024-93-C-2800 1
COUNTER MODEL 5354A N00024-93-C-2800 1
COUNTER MODEL 5354A N00024-93-C-2800 1
COUNTER (ENG SYM) MODEL 5300B N00024-93-C-2800 1
COUNTER ELECTRONIC MODEL 5354A N00024-93-C-2800 1
COUNTER FREQUENCY PLUG IN N00024-93-C-2800 1
COUPLER DIRECTIONAL N00024-93-C-2800 1
COUPLER DIRECTIONAL N00024-93-C-2800 1
COUPLER DIRECTIONAL DUAL MODEL 778D N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
COUPLER DIRECTIONAL DUAL NARDA 3022 N00024-93-C-2800 1
COUPLER MULTIHOLE MODEL 752C N00024-93-C-2800 1
DATA TRANSMISSION TEST SET 404 TS-3643 AN N00024-93-C-2800 1
DC OFFSET AMP 1803A N00024-93-C-2800 1
DECADE RESISTANCE 1433-9704 N00024-93-C-2800 1
DECADE RESISTANCE MODEL 1433Q N00024-93-C-2800 1
DETECTOR CRYSTAL MODEL HP-423A N00024-93-C-2800 1
DETECTOR CRYSTAL MODEL 423B N00024-93-C-2800 1
DETECTOR CRYSTAL MODEL 423B N00024-93-C-2800 1
DETECTOR CRYSTAL MODEL 423B N00024-93-C-2800 1
DETECTORS 11664A N00024-93-C-2800 1
DETECTORS 11664A N00024-93-C-2800 1
DIGISTRIP III MODEL DR-3G N00024-93-C-2800 1
DIGITAL ANGLE POSITION N00024-93-C-2800 1
ELECTRIC DUMMY LOAD 2D37129-1 N00024-93-C-2800 1
EXTENDER BOARD MODEL X1A N00024-93-C-2800 1
EXTENDER BOARD X2A N00024-93-C-2800 1
EXTENDER BOARD KIT N00024-93-C-2800 1
FILTER BAND PASS 3202 N00024-93-C-2800 1
FILTER LOW PASS MODEL 360B N00024-93-C-2800 1
FILTER LOW PASS N00024-93-C-2800 1
FIXTURE CALIBRATION MODEL 067-0587- N00024-93-C-2800 1
FUSEHOLDER MODEL HP-11509A N00024-93-C-2800 1
GENERATOR AUDIO (TWO TONE) MODEL TTG-29 N00024-93-C-2800 1
GENERATOR DELAY & TIMEBASE MODEL 1821A N00024-93-C-2800 1
GENERATOR DELAY & TIMEBASE MODEL 1821A N00024-93-C-2800 1
GENERATOR DELAY & TIMEBASE MODEL 1821A N00024-93-C-2800 1
GENERATOR FREQUENCY COMB MODEL 8406A N00024-93-C-2800 1
GENERATOR FUNCTION MODEL 3310A N00024-93-C-2800 1
GENERATOR FUNCTION MODEL 3310B N00024-93-C-2800 1
GENERATOR PULSE MODEL 214A N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 620B N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 620B N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 8640B N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 8640M N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 8640M N00024-93-C-2800 1
GENERATOR SIGNAL MODEL TF 2015 N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 8640M N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 618C N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 8614A N00024-93-C-2800 1
GENERATOR SIGNAL MODEL 8616A N00024-93-C-2800 1
GENERATOR SIGNAL MODEL HP 8640R N00024-93-C-2800 1
GENERATOR SWEEP/SIGNAL MODEL 2001 N00024-93-C-2800 1
GIGTRON 1026 N00024-93-C-2800 1
HV PROBE P-6013A N00024-93-C-2800 1
ISOLATOR MODEL N157C N00024-93-C-2800 1
ISOLATOR MODEL N157F N00024-93-C-2800 1
ISOLATOR MODEL N157F N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
ISOLATOR MODEL N157B N00024-93-C-2800 1
ISOLATOR MODEL N157C N00024-93-C-2800 1
ISOLATOR MODEL N157D N00024-93-C-2800 1
ISOLATOR MODEL N157D N00024-93-C-2800 1
ISOLATOR MODEL N157G N00024-93-C-2800 1
ISOLATOR MODEL N157E N00024-93-C-2800 1
ISOLATOR MODEL N157B N00024-93-C-2800 1
ISOLATOR MODEL N157G N00024-93-C-2800 1
LOADM RF TRNSMITTING MODEL 4150 N00024-93-C-2800 1
LOGIC ANALYZER 1650B N00024-93-C-2800 1
LOGIC ANALYZER 1650B N00024-93-C-2800 1
LOGIC ANALYZER 1650B N00024-93-C-2800 1
LOGIC ANALYZER 1650B N00024-93-C-2800 1
LOGIC ANALYZER HP1650B N00024-93-C-2800 1
LOGIC ANALYZER 1650B N00024-93-C-2800 1
METER COAXIAL FREQUENCY MODEL 537A N00024-93-C-2800 1
METER FREQUENCY MODEL 537A N00024-93-C-2800 1
METER FREQUENCY MODEL 536A N00024-93-C-2800 1
METER MODULATION FM/AM MODEL TF 2300B N00024-93-C-2800 1
METER PEAK POWER MODEL 1018B N00024-93-C-2800 1
METER RFI MODEL NM-25T N00024-93-C-2800 1
METER SWR MODEL 415E N00024-93-C-2800 1
METER TRUE RMS MODEL 323-20 N00024-93-C-2800 1
METER VIBRATION W/BP FILTER 754732 N00024-93-C-2800 1
METER WATT (SOLAR BASIC) MODEL 1000A N00024-93-C-2800 1
MILLOMETER PRECISION MODEL 1699 N00024-93-C-2800 1
MODULATOR HP-1165B N00024-93-C-2800 1
MODULE (FREQ CRT) ENG MODEL 5302A N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
MULTIMETER FLUKE 8060A N00024-93-C-2800 1
NETWORK ANALYZER W/6' FLEX CABLE N00024-93-C-2800 1
O-SCOPE 2432A N00024-93-C-2800 1
O-SCOPE 100 MHZ 2235 N00024-93-C-2800 1
OSCILLATOR WIDERANGE MODEL 200-CD N00024-93-C-2800 1
OSCILLATOR WIDERANGE MODEL 200-CD N00024-93-C-2800 1
OSCILLATOR WIDERANGE MODEL 200-CD N00024-93-C-2800 1
OSCILLATOR WIDERANGE MODEL 200-CD N00024-93-C-2800 1
OSCILLATOR ENG MODEL 209A N00024-93-C-2800 1
OSCILLATOR ENG MODEL 209A N00024-93-C-2800 1
OSCILLATOR ENG MODEL 209A N00024-93-C-2800 1
OSCILLATOR ENG MODEL 209A N00024-93-C-2800 1
OSCILLATOR ENG MODEL 209A N00024-93-C-2800 1
OSCILLOSCOPE MODEL 180C N00024-93-C-2800 1
OSCILLOSCOPE MODEL 180C N00024-93-C-2800 1
OSCILLOSCOPE MODEL 180C N00024-93-C-2800 1
OSCILLOSCOPE W/O CRT READOUT MODEL 7904 N00024-93-C-2800 1
OSCILLOSCOPE 400 MHZ N00024-93-C-2800 1
PLUG IN OSCOPE MODEL 7B92A N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
PLUG IN SPECTRUM ANALYZER MODEL 8555A N00024-93-C-2800 1
PLUG IN SPECTRUM ANALYZER MODEL 8555A N00024-93-C-2800 1
PLUG IN SPECTRUM ANALYZER MODEL 8556A N00024-93-C-2800 1
POWER DIVIDER N00024-93-C-2800 1
POWER DIVIDER N00024-93-C-2800 1
POWER MEASURING SET AN/VSM-177B N00024-93-C-2800 1
POWER METER 435B N00024-93-C-2800 1
POWER METER 035B N00024-93-C-2800 1
POWER METER MODEL HP431C N00024-93-C-2800 1
POWER METER MODEL 435A N00024-93-C-2800 1
POWER SENSOR 8484A N00024-93-C-2800 1
POWER SENSOR MODEL 8481A N00024-93-C-2800 1
POWER SUPPLY MODEL 6205B N00024-93-C-2800 1
POWER SUPPLY MODEL ORD60-1.5 N00024-93-C-2800 1
POWER SUPPLY MODEL 18500B N00024-93-C-2800 1
POWER SUPPLY MODEL 501ST N00024-93-C-2800 1
POWER SUPPLY MODEL 501ST N00024-93-C-2800 1
POWER SUPPLY MODEL 501ST N00024-93-C-2800 1
PROBE P6015 N00024-93-C-2800 1
PROBE HIGH VOLTAGE MODEL 010-0172- N00024-93-C-2800 1
RADIO LINK SIMULATOR TS-3924/URM N00024-93-C-2800 1
RADIO UHF/VHF P0458L003 N00024-93-C-2800 1
RECEIVER VHF 250-TSO N00024-93-C-2800 1
RECORDER MODEL 15-6327-5 N00024-93-C-2800 1
RECORDER CALIFONE CASS 3536 N00024-93-C-2800 1
RECORDER CALIFONE CASS 3536 N00024-93-C-2800 1
RECORDER PORTABLE GRAPHIC LEVEL MODEL 2306 N00024-93-C-2800 1
RED CABLE (COAX) 13322 N00024-93-C-2800 1
RESISTOR BOX DECADE MODEL 1433T N00024-93-C-2800 1
RESISTOR BOX DECADE MODEL 1433T N00024-93-C-2800 1
RESISTOR BOX DECADE MODEL 1433T N00024-93-C-2800 1
RF SIGNAL GENERATOR 6060A/AN N00024-93-C-2800 1
SAMPLER RF 4275-020 N00024-93-C-2800 1
SAMPLER RF 4275-020 N00024-93-C-2800 1
SECTION DISPLAY MODEL 141T N00024-93-C-2800 1
SECTION 1F MODEL 8552B N00024-93-C-2800 1
SECTION RF MODEL 8553B N00024-93-C-2800 1
SIMULATOR SYNCHRO RESOLVER MODEL 530-S741 N00024-93-C-2800 1
SIMULATOR THERMOCOUPLE 1100 N00024-93-C-2800 1
STANDARD GAIN HORN 645 N00024-93-C-2800 1
SUPPLY POWER MODEL 5015T N00024-93-C-2800 1
SUPPLY POWER MODEL 6216A N00024-93-C-2800 1
SUPPLY POWER MODEL 6216A N00024-93-C-2800 1
SUPPLY POWER MODEL 6434B N00024-93-C-2800 1
SUPPLY POWER MODEL 6434B N00024-93-C-2800 1
SUPPLY, POWER MODEL 5015T N00024-93-C-2800 1
TERMINAL END (FIXED WAVEGUIDE) N00024-93-C-2800 1
TEST SET DATA TRANSMISSION TS-3643/UGM N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
TEST SET TELETYPE 100609 N00024-93-C-2800 1
TEST SET TRANSPONDER AN/APM-424 N00024-93-C-2800 1
TESTER SYNCHRO 1998308 N00024-93-C-2800 1
TESTER SYNCHRO 1998308 N00024-93-C-2800 1
TESTER SYNCHRO 1998308 N00024-93-C-2800 1
TESTER SYNCHRO 1998308 N00024-93-C-2800 1
TESTER SYNCHRO 1838221 N00024-93-C-2800 1
TESTER SYNCHRO 1838221 N00024-93-C-2800 1
TESTER SYNCHRO 1838221 N00024-93-C-2800 1
TESTER SYNCHRO 1838221 N00024-93-C-2800 1
TESTER SYNCHRO 1838221 N00024-93-C-2800 1
TESTER SYNCHRO 1838221 N00024-93-C-2800 1
THERMISTER MOUNT MODEL 8478B N00024-93-C-2800 1
TIME INTERVAL PLUG-IN MODEL 5262A N00024-93-C-2800 1
TRANSITION WAVEGUIDE TO COAX 21431122VSWR N00024-93-C-2800 1
ULTRAVIOLET TEST 43808-2 N00024-93-C-2800 1
VARIAC MODEL W5MT3/VM N00024-93-C-2800 1
VISICORDER HONEYWELL 185B N00024-93-C-2800 1
VOLTAGE SIM EM LOG N00024-93-C-2800 1
VOLTMETER MODEL 410C N00024-93-C-2800 1
VOLTMETER MODEL 410C N00024-93-C-2800 1
VOLTMETER AD MODEL 400F N00024-93-C-2800 1
VOLTMETER DIFFERENTIAL MODEL 893A N00024-93-C-2800 1
VOLTMETER DIFFERENTIAL MODEL 893A N00024-93-C-2800 1
VOLTMETER DIFFERENTIAL MODEL 893A N00024-93-C-2800 1
VOLTMETER DIFFERENTIAL MODEL 893A N00024-93-C-2800 1
VOLTMETER DIGITAL FLUKE 8000-015 N00024-93-C-2800 1
VOLTMETER DIGITAL FLUKE 8000-015 N00024-93-C-2800 1
VOLTMETER DIGITAL FLUKE 8000-015 N00024-93-C-2800 1
VOLTMETER PHASE ANGLE MODEL 321A-S282 N00024-93-C-2800 1
WATTMETER MODEL 1000 N00024-93-C-2800 1
WATTMETER MODEL 1000 N00024-93-C-2800 1
WATTMETER DIGITAL TYPE 250411 MODEL 2504 N00024-93-C-2800 1
WAVEGUIDE ADAPTER N00024-93-C-2800 1
WAVEGUIDE ADAPTER N00024-93-C-2800 1
XTAL DETECTOR HP 84708 N00024-93-C-2800 1
DETECTOR CRYSTAL HP-8472B N00024-93-C-2800 1
VHF ANTENNA 4378-7 N00024-93-C-2800 1
VHF ANTENNA 4378-7 N00024-93-C-2800 1
AC CURRENT PROBE TEKTRONIX P-602 N00024-93-C-2800 1
ATTENUATOR POWER 8323 N00024-93-C-2800 1
ATTENUATOR POWER 8323 N00024-93-C-2800 1
METER MULTIVOLT RF BOONTON 92B-S5 N00024-93-C-2800 1
METER WATT (SOLAR BASIC) MODEL 1000A N00024-93-C-2800 1
POWER ANALYST BIRD 4381 N00024-93-C-2800 1
SET DISTORTION MEASURING MODEL 339A N00024-93-C-2800 1
SIMULATOR RADIO LINK N00024-93-C-2800 1
SURFACE PLATE N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
SURFACE PLATE N00024-93-C-2800 1
TESTER SYNCHRO 1998308 N00024-93-C-2800 1
THERMOMETER DIGITAL OMEGA 727F N00024-93-C-2800 1
VOLTMETER AD MODEL 400F N00024-93-C-2800 1
VOLTMETER AD MODEL 400F N00024-93-C-2800 1
VOLTMETER MILLI RF MODEL 92B-85 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
OTHER GOVERNMENT PRODUCTION AND RESEARCH PROPERTY
TABLE NA N00024-85-C-2144 1
SHIPBOARD SYSTEM D RACK 345 N00024-93-C-2800 1
SHIPBOARD SYSTEM D RACK 344 N00024-93-C-2800 1
SHIPBOARD SYSTEM D RACK 343 N00024-93-C-2800 1
PRINTER JPB122341 N00024-93-C-2800 1
MONITOR 415256-76 N00024-93-C-2800 1
MONITOR 415256-77 N00024-93-C-2144 1
MISCELLANEOUS ITEMS 209941 N00024-93-C-2800 1
MISCELLANEOUS ITEMS 209652 N00024-93-C-2800 1
MISCELLANEOUS ITEMS 9309317 N00024-93-C-2800 1
MISCELLANEOUS ITEMS 9403264 N00024-93-C-2800 1
MISCELLANEOUS ITEMS 93009319 N00024-93-C-2800 1
MISCELLANEOUS ITEMS 9309326 N00024-93-C-2144 1
MISCELLANEOUS ITEMS 9309316 N00024-93-C-2800 1
MISCELLANEOUS ITEMS 9309318 N00024-93-C-2800 1
PRINTER 136 N00024-85-C-2800 1
MONITOR TA135D1722 N00024-87-C-2257 1
TABLE NA N00024-87-C-2257 1
MONITOR TA131C5716 N00024-87-C-2257 1
TABLE NA N00024-87-C-2257 1
MK 6 MOD 1 TELESCOPIC ALIDADE N00024-93-C-2800 1
BORESIGHT WDG 5339654 N00024-93-C-2800 1
ALIGNMENT TOOL RAYTHEON N00024-93-C-2800 1
ALIGNMENT TOOL RAYTHEON N00024-93-C-2800 1
ALIGNMENT TOOL RAYTHEON N00024-93-C-2800 1
ALIGNMENT TOOL RAYTHEON N00024-93-C-2800 1
ALIGNMENT TOOL RAYTHEON N00024-93-C-2800 1
CLINOMETER CIWS 23-2054 N00024-93-C-2800 1
CLINOMETER CIWS 23-2254 N00024-93-C-2800 1
DEPTH MICROMETER STARRETT 445B7-9RL N00024-93-C-2800 1
PRINTER HIGH SPEED B6005 N00024-93-C-2800 1
PRINTER THINK JET HP 2225A N00024-93-C-2800 1
PRINTER THINK JET HP 2225A N00024-93-C-2800 1
PRINTER THINK JET HP 2225A N00024-93-C-2800 1
PRINTER VIDEO HITACHI VY-50A N00024-93-C-2800 1
STOPWATCH HEVER MODEL 508 N00024-93-C-2800 1
STOPWATCH N00024-93-C-2800 1
TORQUE WRENCH SNAP QTR2100E N00024-93-C-2800 1
TORQUE WRENCH RAYTHEON G226455-1 N00024-93-C-2800 1
TORQUE WRENCH RAYTHEON G226455-2 N00024-93-C-2800 1
TORQUE WRENCH UNISYS N00024-93-C-2800 1
TORQUE WRENCH GLENAIR TSQ150 N00024-93-C-2800 1
TORQUE WRENCH UNISYS N00024-93-C-2800 1
TORQUE WRENCH SNAP QTR N00024-93-C-2800 1
TORQUE WRENCH SNAP TE 50 FL N00024-93-C-2800 1
TORQUE WRENCH SNAP TE 12 N00024-93-C-2800 1
TORQUE WRENCH SNAP TQS-2 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
PACE SOLDERING UNIT PPS101 N00024-93-C-2800 1
PACE SOLDERING UNIT PPS101 N00024-93-C-2800 1
35MM SLIDE CAROUSEL PROJECTOR N00024-93-C-2800 1
ALLISON SPEED & TEMP SIMULATOR N00024-93-C-2800 1
HALON LIQUID LEVEL INDICATOR N00024-93-C-2800 1
MYRON L METER N00024-93-C-2800 1
REFRACTOMETER N00024-93-C-2800 1
GRAPHICS PLOTTER HP-7470A N00024-93-C-2800 1
IBM P-70 386 23-0004524 N00024-93-C-2800 1
IBM P-70 386 N00024-93-C-2800 1
KEYBOARD 6088 N00024-93-C-2800 1
MONITOR COLOR GRAPHICS 6088-CG N00024-93-C-2800 1
PLOTTER 720E N00024-93-C-2800 1
PRINTER DP-900B N00024-93-C-2800 1
THINKJET PRINTER HP-2225A N00024-93-C-2800 1
THINKJET PRINTER HP-2225A N00024-93-C-2800 1
CART LAB MODEL 3 N00024-93-C-2800 1
LAPTOP COMPUTER MODELPA800U N00024-93-C-2800 1
LAPTOP COMPUTER MODELPA800U N00024-93-C-2800 1
LAPTOP COMPUTER MODELPA800U N00024-93-C-2800 1
THINKJET PRINTER HP-2225D N00024-93-C-2800 1
LAPTOP COMPUTER IBM P70 120MBHD N00024-93-C-2800 1
CENTRIFUGAL BLOWER TYPE TM-8 N00024-93-C-2800 1
AMMO BOXES M-6 N00024-93-C-2800 1
LAPTOP COMPUTER B010566 N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
PLANT EQUIPMENT
HYDRAULIC SHEAR, MODEL 6214R N62786-007451 N00024-90-E-3503 1
DRILLING MACHINE, MODEL HOLEWIZARD N62786-007458 N00024-90-E-3503 1
DRILLING MACHINE, MODEL ECOPNOMAX 93080-001305 N00024-90-E-3503 1
GRINDING MACHINE, MODEL 560 N62786-007460 N00024-90-E-3503 1
CUT OFF MACHINE, MODEL 8M N62786-007462 N00024-90-E-3503 1
DIESEL GENERATOR, MODEL 5SJ2123A1 1563 N00024-90-E-3503 1
DISINTEGRATOR, MODEL 22 W/SOUND EN 8001 N00024-90-E-3503 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
SPECIAL ELECTRONICS EQUIPMENT
AN/SRA-12 RECEIVER ANTENNA FILTER N00024-93-C-2800 1
AN/SRC-20 RADIO SET PTLD N00024-93-C-2800 1
AN/SRC-20 RADIO SET PTLD N00024-93-C-2800 1
AN/SRC-20 RADIO SET PTLD N00024-93-C-2800 1
AN/SRC-20 RADIO SET PTLD N00024-93-C-2800 1
AN/SRC-20 RADIO SET PTLD N00024-93-C-2800 1
AN/UER-23(V) RADIO TRANSMITTER N00024-93-C-2800 1
AN/UGC-25A TELETYPE SET N00024-93-C-2800 1
AN/URT-23(V) RADIO TRANSMITTER N00024-93-C-2800 1
AN/URT-23(V) RADIO TRANSMITTER N00024-93-C-2800 1
AN/URT-23(V) RADIO TRANSMITTER N00024-93-C-2800 1
AN/URT-23(V) RADIO TRANSMITTER N00024-93-C-2800 1
AN/URT-23(V) RADIO TRANSMITTER N00024-93-C-2800 1
AN/URT-23(V) RADIO TRANSMITTER N00024-93-C-2800 1
AN/URT-23(V) RADIO TRANSMITTER N00024-93-C-2800 1
ANTENNA COUPLER N00024-93-C-2800 1
ANTENNA COUPLER N00024-93-C-2800 1
ANTENNA KIT 013-1575-010 N00024-93-C-2800 1
ANTENNA WHIP 35 FT N00024-93-C-2800 1
ANTENNA WHIP 35 FT N00024-93-C-2800 1
ANTENNA WHIP 35 FT N00024-93-C-2800 1
ANTENNA WHIP 35 FT N00024-93-C-2800 1
ANTENNA WHIP 8 FT N00024-93-C-2800 1
C-1138B/UR 1&2 RADIO CONTROL N00024-93-C-2800 1
C-1138B/UR 1&2 RADIO CONTROL N00024-93-C-2800 1
CONVERTER FREQUENCY SHIFT N00024-93-C-2800 1
CU-938/URA 38 CONTROL UNIT N00024-93-C-2800 1
CU-938/URA 38 CONTROL UNIT N00024-93-C-2800 1
CV-2460/SGC CONVERTER FR 5805-00-458-095 N00024-93-C-2800 1
CV-483B/URA-17 FREQUENCY CONVERTER N00024-93-C-2800 1
DESK LIGHT MS16719-141-2 N00024-93-C-2800 1
HANDSET RADIO H-169/U WCX1846 N00024-93-C-2800 1
HANDSET RADIO H-169/U W/CX1846 N00024-93-C-2800 1
JACK BOX N00024-93-C-2800 1
LS 474/URMS 1, 2 & 3 LOUDSPEAKER N00024-93-C-2800 1
LS 474/URMS 1, 2 & 3 LOUDSPEAKER N00024-93-C-2800 1
LS 474/URMS 1, 2 & 3 LOUDSPEAKER N00024-93-C-2800 1
MICROPHONE HAND MODEL 66C N00024-93-C-2800 1
POWER SUPPLY 22-124 N00024-93-C-2800 1
PROBE 3240866 N00024-93-C-2800 1
R-1051B/URR 1&2 RADIO RECEIVER N00024-93-C-2800 1
R-1051B/URR 1&2 RADIO RECEIVER N00024-93-C-2800 1
R-390A/URR RADIO RECEIVER N00024-93-C-2800 1
RADIO VHF 250/450N 622-2078-001 N00024-93-C-2800 1
SB-1203/UG COMM PATCH PNL N00024-93-C-2800 1
SB-1203/UG COMM PATCH PNL N00024-93-C-2800 1
SB-315B/U TELEGRAPH KEY CONTROL N00024-93-C-2800 1
</TABLE>
<PAGE>
PART 21.2-GOVERNMENT PRODUCTION AND RESEARCH PROPERTY (BATH)
LIST OF GOVERNMENT OWNED PROPERTY PROPOSED FOR USE ON RENT FREE BASIS
<TABLE>
<CAPTION>
DESCRIPTION PART NO CONTRACT ISSUE QTY
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
SB-3495 1 & 2 POWER SUPPLY N00024-93-C-2800 1
SB-3495 1 & 2 POWER SUPPLY N00024-93-C-2800 1
SB-863/SRT TRANSMITTER TRANSFER SWT N00024-93-C-2800 1
SB973/URR 1 & 2 RECEIVER N00024-93-C-2800 1
SB973/URR 1 & 2 RECEIVER N00024-93-C-2800 1
SPEAKER 21-549 N00024-93-C-2800 1
TELEGRAPH/TELEPHONE CONVERTER N00024-93-C-2800 1
TELEGRAPH/TELEPHONE CONVERTER N00024-93-C-2800 1
URT 23 TERMINAL BOX N00024-93-C-2800 1
AS-390 ANTENNA N00024-93-C-2800 1
AS-390 ANTENNA N00024-93-C-2800 1
C-1004B/SG TRANSMITTER TELEYPE CONT N00024-93-C-2800 1
</TABLE>
<PAGE>
N0024-97-C-2202
ATTACHMENT J-0040
SMALL, SMALL DISADVANTAGED, AND WOMEN-OWNED
SMALL BUSINESS SUBCONTRACTING PLAN
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
TABLE OF CONTENTS
-----------------
SECTION PAGE
- ------- ----
A. General A-1
1. Purpose and Scope A-1
2. Definitions A-1
2.1 Small Business Concerns A-1
2.2 Small Disadvantaged Business Concerns A-2
2.3 Women-Owned Small Business Concerns A-2
2.4 Equipment Subcontractors A-2
2.5 Service Subcontractor A-2
2.6 Labor Subcontractors A-3
3. Identification and Duties of Avondale's A-3
Subcontracting Program Administrator
3.1 Identification of Administrator A-3
3.2 Duties of the Administrator A-3
4. Efforts of Assurance that Small Business and A-5
Small Disadvantaged Business Concerns will have
an Equitable Opportunity to Compete
5. The Identification of Records to be Maintained A-6
Support to Award and Report Data
6. Efforts to be Made to Identify and Award A-7
Subcontracts Separately to Small Business and
Small Disadvantaged Business Concerns
7. Records to Support Outreach Efforts A-7
8. Records to Support Internal Activities to Guide A-8
and Encourage Increased Effort by Buyers
9. Method Used in Determining Proportionate Share A-8
of Indirect and Overhead Costs Incurred Which
Are to Be Allocated
i
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N0024-96-R-2101
SMALL BUSINESS PLAN
TABLE OF CONTENTS
-----------------
SECTION PAGE
- ------- ----
B. Subcontracting With Small Business Concerns B-1
1. Principal Product and Service Areas to be B-1
Subcontracted to or Solicited from Small
Business Concerns
2. Small Business Concerns Source List B-1
3. Goals For Subcontracting to Small Business B-2
Concerns
3.1 Item 0001 - Detail Design and Construction B-2
of LPD 17
3.2 Item 0002 - OPTION - Ship Construction - B-2
LPD 19
3.3 Item 0003 - OPTION - Ship Construction - B-2
LPD 19
3.4 Item 0004 - LPD 17 Familiarization (Not B-2
Separately Priced)
3.5 Item 0005 - Technical Manuals (Not B-2
Separately Priced)
3.6 Item 0006AA - LPD 17 Material (Firm Fixed B-3
Price Item)
3.7 Item 0006AB - OPTION - LPD 18 Material B-3
(Firm Fixed Price Item)
3.8 Item 0006AC - OPTION - LPD 19 Material B-3
(Firm Fixed Price Item)
3.9 Item 0007 - Perform Special Studies, B-3
Analyses, and Reviews (cost plus Fixed
Fee Item)
3.10 Item 0008 - Perform Engineering and B-3
Industrial Services (Firm Fixed Price
Item)
3.11 Item 0009 - OPTION - LPD 17 Class Life B-3
Cycle Support Planning - Post Detail
Design and Construction
ii
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
TABLE OF CONTENTS
-----------------
SECTION PAGE
- ------- ----
B. Subcontracting With Small Business Concerns
(Continued)
3.12 Item 0010 - OPTION - Affordability Through B-3
Commonality (Firm Fixed Price Item)
3.13 Item 0011 - Cross Program Procurement B-4
(Firm Fixed Price Item)
3.14 Item 0012 - Data for Item 0001, 0004, B-4
0005, 0006AA, 0007, 0008, 0010, and 0011
(and if Options are exercised, Items 0002,
0003, 0006AB, 0006AC, and 0009) (Not
Separately Priced)
C. Subcontracting With Small Disadvantaged Business C-1
Concerns
1. Principal Product and Service Areas to be C-1
Subcontracted to or Solicited from Small
Disadvantaged Business Concerns
2. Small Disadvantaged Business Concerns Source C-1
List
3. Goals For Subcontracting to Small Disadvantaged C-1
Business Concerns
3.1 Item 0001 - Detail Design and Construction C-1
of LPD 17
3.2 Item 0002 - OPTION - Ship Construction - C-2
LPD 18
3.3 Item 0003 - OPTION - Ship Construction - C-2
LPD 19
3.4 Item 0004 - LPD 17 Familiarization (Not C-2
Separately Priced)
iii
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
TABLE OF CONTENTS
-----------------
SECTION PAGE
- ------- ----
C. Subcontracting With Small Disadvantaged Business
Concerns (Continued)
3.5 Item 0005 - Technical Manuals (Not C-2
Separately Priced)
3.6 Item 0006AA - LPD 17 Material (Firm Fixed C-2
Price Item)
3.7 Item 0006AB - OPTION - LPD 18 Material C-2
(Firm Fixed Price Item)
3.8 Item 0006AC - OPTION - LPD 19 Material C-2
(Firm Fixed Price Item)
3.9 Item 0007 - Perform Special Studies, C-2
Analyses, and Reviews (Costs Plus Fixed
Fee Item)
3.10 Item 0008 - Perform Engineering and C-3
Industrial Services (Firm Fixed Price
Item)
3.11 Item 0009 - OPTION - LPD 17 Class Life C-3
Cycle Support Planning - Post Detail
Design and Construction
3.12 Item 0010 - OPTION - Affordability Through C-3
Commonality (Firm Fixed Price Item)
3.13 Item 0011 - Cross Program Procurement C-3
(Firm Fixed Price Item)
3.14 Item 0012 - Data for Items 0001, 0004, C-3
0005, 0006AA, 0007, 0008, 0010, and 0011
(and if Options are exercised, Item 0002,
0003, 0006AB, 0006AC, and 0009) (Not
Separately Priced)
iv
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
TABLE OF CONTENTS
-----------------
SECTION PAGE
- ------- ----
D. Subcontracting With Women-Owned Small Business
Concerns D-1
1. Principal Product and Service Areas to be D-1
Subcontracted to or Solicited from Women-Owned
Small Business Concerns
2. Women-Owned Small Business Concerns Source List D-1
3. Goals For Subcontracting to Women-Owned Small D-1
Business Concerns
3.1 Item 0001 - Detail Design and Construction D-2
of LPD 17
3.2 Item 0002 - OPTION - Ship Construction - D-2
LPD 18
3.3 Item 0003 - OPTION - Ship Construction - D-2
LPD 19
3.4 Item 0004 - LPD 17 Familiarization (Not D-2
Separately Priced)
3.5 Item 0005 - Technical Manuals (Not D-2
Separately Priced)
3.6 Item 0006AA - LPD 17 Material (Firm Fixed D-2
Price Item)
3.7 Item 0006AB - OPTION - LPD 18 Material D-3
(Firm Fixed Price Item)
3.8 Item 0006AC - OPTION - LPD 19 Material D-3
(Firm Fixed Price Item)
3.9 Item 0007 - Perform Special Studies, D-3
Analyses, and Reviews (Cost Plus Fixed
Fee Item)
3.10 Item 0008 - Perform Engineering and D-3
Industrial Services (Firm Fixed Price
Item)
v
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
TABLE OF CONTENTS
-----------------
SECTION PAGE
- ------- ----
3.11 Item 0009 - OPTION - LPD 17 Class Life D-3
Cycle Support Planning - Post Detail
Design and Construction
3.12 Item 0010 - OPTION - Affordability Through D-3
Commonality (Firm Fixed Price Item)
3.13 Item 0011 - Cross Program Procurement D-3
(Firm Fixed Price Item)
3.14 Item 0012 - Data for Items 0001, 0004, D-4
0005, 0006AA, 0007, 0008, 0010, and 0011
(and if Options are exercised, Items 0002,
0003, 0006AB, 0006AC, and 0009) (Not
Separately Priced)
vi
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
LIST OF FIGURES
---------------
FIGURE 1 - SMALL BUSINESS SOURCE LIST
FIGURE 2 - SMALL DISADVANTAGED BUSINESS SOURCE LIST
FIGURE 3 - WOMEN-OWNED SMALL BUSINESS SOURCE LIST
i
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
A. General
1. Purpose and Scope
The purpose of this plan is to : (1) establish dollar value goals for
subcontracting to Small, Small Disadvantaged, and Women-Owned Small Businesses,
(2) identify and describe the principal products and service areas to be
subcontracted separately to Small, Small Disadvantaged, and Women-Owned Small
Businesses, (3) identify the Avondale subcontracting Program Administrator and
describe his duties, (4) describe the procedures that will be employed to assure
that Small, Small Disadvantaged, and Women-Owned Small Businesses, will have an
equitable opportunity to compete, (5) provide a plan for the inclusion of
Small, Small Disadvantaged, and Women-Owned Small Businesses in appropriate
solicitations, (6) establish the records to be maintained, (7) provide a Small
Business source list, (8) provide a Small Disadvantaged Business source list,
(9) provide a Women-Owned Small Business source list, (10) provide a procedure
for the identification and award of subcontracts, (11) establish a criteria for
records to support the outreach efforts, (12) identify and establish a criteria
for records to support internal activities to guide and encourage increased
efforts by buyers to subcontract separately with Small, Small Disadvantaged, and
Women-Owned Small Business concerns, and (13) establish the methods that are to
be used in determining proportionate share of indirect and overhead costs
incurred which are to be allowed.
2. Definitions
2.1 Small Business Concerns
A Small Business concern is defined as a concern that: (1) including its
affiliates, is independently owned and operated, is not dominant in the field of
operation in which it is submitting offers on Government contracts, and can
further qualify under the criteria concerning number of employees, average
annual receipts or other criteria, as prescribed by the Small Business
Administration, (2) the product(s)/services(s) required are determined to be
within Standard Industrial Classification Number 3731 and (3) for product(s)
manufactured by the bidder/offeror, the number of employees of that concern and
its affiliates shall not exceed the employment thresholds in accordance with
Section 3 of the Small Business Act.
A - 1
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
2.2 Small Disadvantaged Business Concerns
A Small Disadvantaged Business concern is a Small Business concern: (1)
which is at least 51 percent unconditionally owned by one or more socially and
economically disadvantaged individuals; or, in the case of any publicly owned
business, at least 51 percent of the stock of which is unconditionally owned by
one or more socially and economically disadvantaged individuals; and (2) whose
management and daily business operations are controlled by one or more such
individuals. Socially and economically disadvantaged individuals include Black
Americans, Hispanic Americans, Native Americans (such as American Indians,
Eskimos, Aleuts, and native Hawaiians), Asian-Pacific Americans, Sub-continent
Asian Americans, and other minorities, or any other individuals found to be
disadvantaged by the Small Business Administration pursuant to Section 8(a) of
the Small Business Act.
2.3 Women-Owned Small Business Concerns
A Women-Owned Small Business concern is one: (1) which is at least 51
percent owned by one or more women, or, in the case of any publicly owned
business, at least 51 percent of the stock of which is owned by one or more
women, and (2) whose management and daily business operations are controlled by
one or more women.
2.4 Equipment Subcontractors
Subcontractors who manufacture or overhaul equipment and components in their
own facilities.
2.5 Service Subcontractor
Subcontractors who perform software services required by the Prime Contract
that are performed either in their own facilities or at Avondale facilities.
Subcontractors that perform noise analyses, shaft alignment, logistics support
and similar software services are representative of service subcontractors.
A - 2
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
2.6 Labor Subcontractors
Subcontractors that expend labor at Avondale's Shipyards Division to
construct, install or support hardware required by the Prime Contract. The
combat system test and check-out services, joiner work fabrication and
installation, and deck covering installation are representative examples.
3. Identification and Duties of Avondale's Subcontracting Program
Administrator
3.1 Identification of Administrator
The Material Subcontract Cost Accounts Manager has been designated as the
Small, Small Disadvantaged, and Women-Owned Small Business Subcontracting
Administrator. The pertinent information required is:
Name: Mr. Edward J. Webre
Title: Senior Cost Analyst
Address: P.O. Box 50280
City: New Orleans
State: Louisiana 70150-0280
Telephone: (504) 436-5444
3.2 Duties of the Administrator
The duties of the Administrator include:
a. Maintain liaison with the government on matters of Small,
Small Disadvantaged, and Women-Owned Small Business.
b. Supervise compliance with the Small, Small Disadvantaged, and
Women-Owned Small Business Subcontracting Plan.
c. administer Avondale's subcontracting program for Small,
Small Disadvantaged, and Women-Owned Small Business.
d. Provide adequate and timely consideration of the potentialities
of Small, Small Disadvantaged, and Women-Owned Small Business
concerns in all make-or-buy decisions.
A - 3
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
e. Ensure that the source lists of Small, Small
Disadvantaged, and Women-Owned Small Business concerns
and appropriate products and services are kept current
and complete.
f. Assure that Small, Small Disadvantaged, and Women-Owned
Small Business concerns will have an equitable
opportunity to compete for subcontracts, particularly by
arranging solicitations, time for the preparation of
bids, quantities, specifications, and delivery schedules
so as to facilitate the participation of Small, Small
Disadvantaged, and Women-Owned Small Business concerns.
Where source lists of potential Small, Small
Disadvantaged, and Women-Owned Small Business
Subcontractors are excessively long, reasonable effort
shall be made to give all such concerns an opportunity to
compete over a period of time.
g. Ensure that all required flow-down clauses including the
clause entitled "Utilization of Small, Small
Disadvantaged, and Women-Owned Small Business Concerns
owned and controlled by socially and economically
disadvantaged individuals" are included in all applicable
purchase orders and subcontracts.
h. Maintain records to support awards reports data.
i. Monitor the performance of the purchasing agents relative
to compliance with this Small, Small Disadvantaged, and
Women-Owned Small Business Subcontracting Plan.
j. Submit periodic reports and cooperate in any studies or
surveys required by the contracting agency or the Small
Business Administration.
A - 4
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
4. Efforts of Assurance that Small, Small Disadvantaged, and Women-Owned
Small Business Concerns will have an Equitable Opportunity to Compete
Avondale's plan includes the following provisions that will assure Small,
Small Disadvantaged, and Women-Owned Small Business concerns an equitable
opportunity to compete for subcontracts.
a. Arrange solicitations, time for the preparation of bids, quantities,
specifications, and delivery schedules so as to facilitate the
participation of Small, Small Disadvantaged, and Women-Owned Small
Business concerns that might not have as large a staff as other
firms.
b. Provide adequate and timely consideration of the potentialities of
Small, Small Disadvantaged, and Women-Owned Small Business concerns
in all make-or-buy decisions.
c. Wherever circumstances permit, choose a method of payment which
minimizes paperwork and facilitates prompt payment to Small, Small
Disadvantaged, and Women-Owned Small Business concerns.
d. Ensure that all required flow-down clauses pertaining to Small,
Small Disadvantaged, and Women-Owned Small Businesses are included
in all purchase orders and subcontracts.
e. Include the clause entitled "Utilization of Small, Small
Disadvantaged, and Women-Owned Small Business Concerns owned and
controlled by socially and economically disadvantaged individuals"
in all applicable purchase orders and subcontracts.
f. Audit the performance of the Administrator in the performance of the
duties identified in Section 3 of this plan. The Director of
Purchasing and the LPD 17 Program Manager will perform the audit.
g. Participate in any studies or surveys required by the contracting
agency or the Small Business Administration in determining
compliance with this plan.
A - 5
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
h. Utilize Small Business Administration's Procurement Automated
Source System (PASS) which identifies over 156,000 listings of
Small, Small Disadvantaged, and Women-Owned Small Business
concerns.
5. The Identification of Records to be Maintained to Support Award and
Report Data
The list of records that will be maintained by Avondale includes the
following:
a. Separate Small, Small Disadvantaged, and Women-Owned Small Business
source lists.
b. Suitable product and service lists.
c. Organizations contacted for Small, Small Disadvantaged, and
Women-Owned Small Business sources.
d. Records on all subcontract solicitations to indicate:
1. Whether Small Business was solicited and, if not, why not.
2. Whether Small Disadvantaged Business was solicited and, if not,
why not.
3. Whether Women-Owned Small Business was solicited and, if not,
why not.
4. Reasons for the failure of Small, Small Disadvantaged, or
Women-Owned Small Businesses to receive the subcontract award.
5. Records to support award data submitted to the Government on
Standard Forms 294 and 295 with supporting data.
e. Copies of completed Standard Forms 294 and 295 with supporting data.
A - 6
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
6. Efforts to be Made to Identify and Award Subcontracts Separately to
Small, Small Disadvantaged, and Women-Owned Small Business Concerns
Avondale will make every effort to identify and award subcontracts
separately to Small, Small Disadvantaged, and Women-Owned Small Businesses by
applying all elements of this plan and, in addition, by:
a. Maintaining frequent contacts with Small, Small Disadvantaged, and
Women-Owned Small Business trade associations.
b. Attending Small, Small Disadvantaged, and Women-Owned Small Business
procurement conferences and trade fairs.
c. Establishing challenging dollar goals for buyers that require a
greater effort on their part to seek out and award contracts to
Small, Small Disadvantaged, and Women-Owned Small Businesses.
d. Auditing the completeness and currency of the list of firms and
products. Audit the performance of the Administrator and buyers in
identifying, soliciting, and evaluating the applicable concerns and
their proposals.
7. Records to Support Outreach Efforts
Avondale will maintain records to support outreach efforts including:
a. Records to support contacts with Small, Small Disadvantaged, and
Women-Owned Small Business trade associations.
b. Records to support contacts with business development organizations.
c. Records to support attendance at Small, Small Disadvantaged, and
Women-Owned Small Business procurement conferences and trade fairs.
A - 7
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
d. Records of general solicitation of concerns to identify added Small,
Small Disadvantaged, and Women-Owned Small Business sources.
8. Records to Support Internal Activities to Guide and Encourage Increased
Effort by Buyers
Avondale will maintain the following records to support the above efforts:
a. Records of meetings with buyers to conduct appropriate training
programs.
b. Records of attendance at appropriate workshops.
c. Records of attendance or participation at appropriate seminars.
d. Records to monitor activities of the buyers to evaluate compliance.
9. Method Used in Determining Proportionate Share of Indirect and Overhead
Costs Incurred Which Are to Be Allocated
Avondale has opted not to include the proportionate share of its indirect
and overhead costs in the goals established for Small, Small Disadvantaged, and
Women-Owned Small Business in accordance with its standard practice and as
permitted by Federal Procurement Regulations.
A - 8
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
B. Subcontracting With Small Business Concerns
1. Principal Product and Service Areas to be Subcontracted to or Solicited
from Small Business Concerns
Small Business concerns have been provided the opportunity to compete for
subcontracts by their inclusion in the solicitation for the cost proposal for
the Detail Design and Construction of LPD 17 in the following product and
service areas, among others.
. Joiner work
. Piping materials
. Machinery components and fittings
. Electrical equipment
. Outfitting components
. Deck covering materials and installation
. Welding materials
. Construction services
. Sheetmetal fittings
. Insulation materials
2. Small Business Concerns Source List
The Small Business concerns solicited during the pricing for the proposal
for LPD 17 and the solicitation for procurement to follow were taken from
Avondale's records and from PASS, including the listing of FIGURE 1, after page
B-4.
Specifically, Avondale has agreements with the following Small Business
concerns for support for the LPD 17 Contract.
. DAI
. Global Associates
. Institute of Competitive Design
. MATHTECH
. SAG
. Stanley Associates
. Sterling Design Engineering Systems
. Systems Exchange
. Life Cycle Engineering
. Dundics Associates
B - 1
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
3. Goals For Subcontracting to Small Business Concerns
Avondale's goals for subcontracting to Small Business concerns are as
follows, expressed in terms of percentages or total planned subcontracting
dollars.
3.1 Item 0001 - Detail Design and Construction of LPD 17
a. Total dollars to be subcontracted:
$383,010,956.00
b. Percentage and dollar goals to be subcontracted to Small
Business: 20%,
$ 76,602,191.00
3.2 Item 0002 - OPTION - Ship Construction - LPD 18
a. Total dollars to be subcontracted:
$230,832,545.00
b. Percentage and dollar goals to be subcontracted to Small
Business: 20%,
$ 46,166,509.00
3.3 Item 0003 - OPTION - Ship Construction - LPD 19
a. Total dollars to be subcontracted:
$ 437,472,248.00
b. Percentage and dollar goals to be subcontracted to Small
Business: 20%,
$ 87,494,450.00
3.4 Item 0004 - LPD Familiarization (Not Separately Priced)
3.5 Item 0005 - Technical Manuals (Not Separately Priced)
B - 2
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
3.6 Item 0006AA - LPD 17 Material (Firm Fixed Price Item)
3.7 Item 0006Ab - OPTION - LPD 18 Material (Firm Fixed Price Item)
3.8 Item 0006Ac - OPTION - LPD 19 Material (Firm Fixed Price Item)
3.9 Item 0007 - Perform Special Studies, Analyses, and Reviews (Cost
Plus Fixed Fee Item)
3.10 Item 0008 - Perform Engineering and Industrial Services (Firm Fixed
Price Item)
3.11 Item 0009 - OPTION - LPD 17 Class Life Cycle Support Planning -
Post Detail Design and Construction
a. Total dollars to be subcontracted:
$ 1,723,635.00
b. Percentage and dollar goals to be subcontracted to Small
Business: 20%,
$ 344,727.00
3.12 Item 0010 - OPTION - Affordability Through Commonality (Firm Fixed
Price Item)
B - 3
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
3.13 Item 0011 - Cross Program Procurement (Firm Fixed Price Item)
a. Total dollars to be subcontracted:
$ 80,000.00
b. Percentage and dollar goals to be subcontracted to Small
Business: 20%,
$ 16,000.00
3.14 Item 0012 - Data for Items 0001, 0004, 0005, 0006AA,
0007, 0008, 0010, and 0011 (and if Options are exercised,
Items 0002, 0003, 0006AB, 0006AC and 0009) (Not Separately Priced)
B - 4
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
FIGURE 1
SMALL BUSINESS
SOURCE LIST
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
<TABLE>
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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<S> <C> <C> <C> <C> <C>
A/C & REFRIGERATION G & M ELECTRIC SALES 419 N. CLAIBORNE AVE. NEW ORLEANS LA 70112 (504) 586-8100
A/C & REFRIGERATION KLINGE CORPORATION P.O. BOX 3608 YORK PA 17402 (717) 840-4500
A/C & REFRIGERATION WENCO PARTS & SUPPLY CO. 5817 CITRUS BLVD., STE J HARAHAN LA 70123 (504) 734-9045
A/C, HEATING, VENTILATION MCFADDEN'S, INC. P.O. BOX 1484 SLIDELL LA 70459 (504) 244-8566
ABRASIVE PRODUCTS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
ABRASIVES CREATIVE COATINGS, INC. 428 N. LONGVIEW STREET KILGORE TX 75662 (903) 984-8454
ABRASIVES VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
ACOUSTICAL TILE, CLEANING ACOUSTICAL CEILING CLEAN. 2955 RIDGELAKE, STE 113 METAIRIE LA 70002 (504) 837-1511
ACTUATORS, VALVES VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
ADHESIVES CREATIVE COATINGS, INC. 428 N. LONGVIEW STREET KILGORE TX 75662 (903) 984-8454
ADHESIVES VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
ADVERTISING SPECIALTIES ALWAYS IN MIND, INC. 1711 RIDGEFIELD ROAD THIBODAUX LA 70301
ADVERTISING SPECIALTIES BEACH, LTD. 2304 21ST STREET KENNER LA 70072 (504) 467-2070
AEROSOLS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
AIR CONDITIONING AIR CONDITIONING PARTS 35680 DEE PLACE FREMONT CA 94536
ALARM SYSTEMS COMSACO MARINE SUFFOLK COUNTY AIRPORT W. HAMPTON BEACH NY 11978
ALARM SYSTEMS CONTROL GENERAL CORP. 252 MAGNOLIA AVENUE HOUMA LA 70630 (504) 872-9002
ALARM SYSTEMS KINNAMAN ELECTRIC, INC. P.O. BOX 486 WILMINGTON CA 90748 (310) 834-2582
ALARM SYSTEMS MURRAY BENJAMIN CO., INC. 174 VANDERBILT AVENUE BROOKLYN NY 11205 (718) 596-2100
ALARM SYSTEMS NMP CORPORATION P.O. BOX 35493 TULSA OK 74153 (918) 252-0481
ALARM SYSTEMS POTTER ELECTRIC, INC. 1401 THIRD STREET SAN FRANCISCO CA 94107
ALARM SYSTEMS U.S. PIONEER P.O. BOX 472065 TULSA OK 74147 (918) 663-0122
ALARM SYSTEMS WILLIAMS & WATTS 2 MADISON ROAD FAIRFIELD NJ 07006 (508) 588-5434
ALARM SYSTEMS WING CORPORATION 215 HIGHLAND DRIVE WESTMONT NJ 08108 (609) 854-2225
ALARM SYSTEMS YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504) 581-6292
ALARMS NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
ALLOYS ST. PIERRE'S FABRICATION P.O. BOX 639 DESTREHAN LA 70047 (504) 652-1180
ALLOYS SUNSHINE METALS 120 37TH STREET, NE AUBURN WA 98002 (206) 575-5066
AMPLIFIER, SYNCHRO SYSTEM DYNALEC ELECTRONICS SYS. P.O. BOX 188 SODUS NY 14551
AMPLIFIER, SYNCHRO SYSTEM KINNAMAN ELECTRIC, INC. P.O. BOX 486 WILMINGTON CA 90748 (310) 834-2582
AMPLIFIER, SYNCHRO SYSTEM MURRAY BENJAMIN CO., INC. 174 VANDERBILT AVENUE BROOKLYN NY 11205 (718) 596-2100
AMPLIFIER, SYNCHRO SYSTEM SEACOAST ELECTRIC 1505 OLIVER STREET HOUSTON TX 77007 (713) 868-3636
AMPLIFIER, SYNCHRO SYSTEM YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504) 581-6292
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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AMPLIFIERS Q-BIT CORPORATION 2575 PACIFIC AVE. N.E. PALM BAY FL 32905
ANCHOR WINDLASS NEW ENGLAND TRAWLER 291 EASTERN AVENUE CHELSEA MA 02150 (617) 884-4354
ANCHORS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
ANODES, ZINC DAVIES ASSOCIATES, INC. P.O. BOX 13038 NEW ORLEANS LA 70185 (504) 865-7346
ANODES, ZINC WILSON, WALTON INTL., INC. 7102 NAVIGATION BLVD. HOUSTON TX 77011
APPLIANCES PCS INSTRUMENTS 3527 OAK LAWN AVE. DALLAS TX 75219
ARC WELDING SUPPLIES VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
ASPHALT ASPHALT TECHNOLOGIES P.O. BOX 40247 BATON ROUGE LA 70835
AUDIO VISUAL RENTAL SYNC AUDIO VISUAL, INC. 113 ROSA AVENUE METAIRIE LA 70005 (504) 837-9032
AUDIO-VISUAL EQUIPMENT CREATIVE MEDIA SERVICES 600 BOYLE BUILDING LITTLE ROCK AR 72201
AUDIO/VIDEO SUPPLIES AUDIO INNOVATIONS 164 BELLE TERRE DRIVE LAPLACE LA 70068
AUDIO/VISUAL EQUIP/SUPPLYS SOUTHERN BUSINESS COMM. 3175 CORNERS N. COURT NORCROSS GA 30071 (800) 899-4088
AUTOMOBILE SHOP EQUIP. AUTOMOTIVE SHOP EQUIPMENT P.O. BOX 73079 METAIRIE LA 70033-3079 (504) 889-0376
AUTOMOTIVE PARTS BLANCHARD'S AUTO/INC. SUPLS P.O. BOX 846 BELLE CHASSE LA 70037 (504) 391-2980
BALLAST CONTROL SYSTEMS CONTROL GENERAL CORP. 252 MAGNOLIA AVENUE HOUMA LA 70630 (504) 872-9002
BANNERS & FLAGS ABC MANUFACTURING BOX 578 RALEIGH MS 39153 (800) 647-7065
BARGE RENTAL B & G BARGE RENTAL, INC. P.O. BOX 1106 FRANKLIN LA 70538 (504) 388-4065
BATTERIES WHOLESALE BATTERY CO. 9266 MAMMOTH AVE. BATON ROUGE LA 70814 (504) 926-4693
BATTERIES & CHARGERS BST SYSTEMS, INC. 78 PLAINFIELD PIKE ROAD PLAINFIELD CT 06374
BATTERIES & CHARGERS CHAMBERS INDUSTRIAL SUP. 5608 SALMEN HARAHAN LA 70123-2245 (504) 737-2288
BATTERIES & CHARGERS DANIELL BATTERY MFG. CO. P.O. BOX 15349 BATON ROUGE LA 70895
BATTERIES & CHARGERS GENERAL POWER & CONTROL 5600 JEFFERSON HIGHWAY JEFFERSON LA 70181 (504) 733-7340
BATTERIES & CHARGERS LOUISIANA INDL. BATTERIES 240 ST. GEORGE AVE. JEFFERSON LA 70121 (504) 733-0802
BATTERIES & CHARGERS LYNN ELLIOTT COMPANY 3349 RIDGELAKE, STE 103C METAIRIE LA 70003
BATTERIES & CHARGERS M. F. SALES, INC. P.O. BOX 1312 GRETNA LA 70053 (504) 361-4343
BATTERIES & CHARGERS SOUTHERN BATTERY COMPANY 4035 WASHINGTON AVE. NEW ORLEANS LA 70125 (504) 822-3960
BATTERIES & CHARGERS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
BATTERIES & CHARGERS VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
BATTERY CHARGERS MARINE ELECTRIC SYSTEMS P.O. BOX 1135 CLIFTON NJ 07014-1135 (201) 471-6800
BEARINGS BEARING CHAIN & SUPPLY 3500 S. RICHEY, STE 170 HOUSTON TX 77017 (800) 448-2358
BICYCLES & ACCESSORIES MATTHEW CYCLES/RENNSPORT P.O. BOX 652 BRADFORD PA 16701 (814) 368-4768
BINDERS/LOOSE LEAF PRODUCTS HOLDEN LOOSE LEAF P.O. BOX 832747 RICHARDSON TX 75083 (800) 962-7287
BINDERY SERVICE B.E.V. REPROGRAPHICS 3635 RIDGELAKE DRIVE METAIRIE LA 70002 (504) 831-4000
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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BLOWERS POLYSPEDE INDUSTRIAL DIV 6770 TWIN HILLS DALLAS TX 75231 (214) 363-7245
BOILER INSPECTION JIM'S STEAM & POWER P.O. BOX 2712 PALMER AK 99645
BOILERS & INCINERATORS GEORGE K. MOSS COMPANY 615 SEVENTH AVENUE N. BIRMINGHAM AL 35203 (205) 322-2522
BOXES, JUNCTION BAILEY ENTERPRISES 7822 WILLOW STREET NEW ORLEANS LA 70118-4056 (504) 861-2320
BOXES/CARTONS/CRATES KLINGE CORPORATION P.O. BOX 3608 YORK PA 17402 (717) 840-4500
BRAKES STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
BRAZING PRINCE & IZANT COMPANY 12333 PLAZA DRIVE CLEVELAND OH 44130 (216) 362-7000
BUMPERS & FENDERS NEW BRITAIN RUBBER CO. P.O. BOX 964 NEW BRITAIN CT 06050 (203) 223-4547
BUSINESS MACHINES CRESCENT BUSINESS MACHINES 1605 AIRLINE HIGHWAY METAIRIE LA 70001 (504) 831-3751
BUSINESS MACHINES DIAZ CASH REGISTER CO. 715 AURORA AVENUE METAIRIE LA 70005 (504) 834-1481
CABLE, ELECTRIC AMFAC ELECTRIC SUPPLY CO. P.O. BOX 30338 NEW ORLEANS LA 70190 (504) 734-7221
CABLE, ELECTRIC ATLANTIC CABLE INTL. 340 GARDEN OAKS BLVD. HOUSTON TX 77018 (800) 245-5660
CABLE, ELECTRIC EL SHADDAI P.O. BOX 169 CHRISTMAS FL 32709
CABLE, ELECTRIC GATEWAY CABLE COMPANY 372 N. MEYER ROAD BERNSENVILLE IL 60106
CABLE, ELECTRIC I. C. ELECTRICAL SUPPLY P.O. BOX 667 HARVEY LA 70059 (504) 341-4281
CABLE, ELECTRIC L. F. GAUBERT & CO., INC. P.O. BOX 50500 NEW ORLEANS LA 70150 (504) 822-7272
CABLE, ELECTRIC LONG ELECTRICAL SUPPLY P.O. BOX 30320 NEW ORLEANS LA 70190 (504) 524-8322
CABLE, ELECTRIC MURRAY BENJAMIN CO., INC. 174 VANDERBILT AVENUE BROOKLYN NY 11205 (718) 596-2100
CABLE, ELECTRIC PACIFIC TERMINATIONS, INC. 6935 HERMOSA CIRCLE BUENA PARK CA 90620 (714) 521-8276
CABLE, ELECTRIC PLASTOID CORPORATION 708 THIRD AVENUE NEW YORK NY 10017
CABLE, ELECTRIC RADIO PARTS 1331 PRYTANIA STREET NEW ORLEANS LA 70130 (504) 581-5959
CABLE, ELECTRIC REILY ELECTRICAL SUPPLY P.O. BOX 188 METAIRIE LA 70001 (504) 835-8888
CABLE, ELECTRIC SEACOAST ELECTRIC 1505 OLIVER STREET HOUSTON TX 77007 (713) 868-3636
CABLE, ELECTRIC SOUTHERN ELECTRIC SUPPLY P.O. BOX 23701 HARAHAN LA 70183 (504) 733-4844
CABLE, ELECTRIC SUMMERS ELECTRIC SUPPLY P.O. BOX 23234 HARAHAN LA 70183 (504) 733-4567
CABLE, ELECTRIC TRI TEK ELECTRONICS 12823 FOOTHILL BLVD. SYLMAR CA 91342
CABLE, ELECTRIC UNIQUE ELECTRONICS, INC. 1320 26TH STREET ORLANDO FL 32805
CABLE, ELECTRIC UNIVERSAL WIRE & CABLE 6609 SUPPLY ROW HOUSTON TX 77011
CABLE, ELECTRICAL KLINGE CORPORATION P.O. BOX 3608 YORK PA 17402 (717) 840-4500
CAMERAS, VIDEO (UNDERWTR) A B MANUFACTURING, INC. 732 15TH STREET GRETNA LA 70053-6424 (504) 367-7449
CANVAS PRODUCTS PERRET'S ARMY/OUTDOOR 2532 WILLIAMS BLVD. KENNER LA 70062 (504) 466-2532
CANVAS PRODUCTS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
CAPACITORS, MICROWAVE AMERICAN TECH. CERAMICS ONE NORDEN LANE HUNTINGTON STA. NY 11746
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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CARPET APACHE MILLS, INC. P.O. BOX 694 CALHOUN GA 30701-0694 (404) 629-7791
CASTINGS, ALUMINUM SOLIDIFORM, INC. P.O. BOX 7656 FT. WORTH TX 76111 (817) 831-2626
CASTINGS, ALUMINUM/BRONZE M.F. SALES, INC. P.O. BOX 1312 GRETNA LA 70053 (504) 361-4343
CATERING R & R RIG SERVICE, INC. P.O. BOX 909 HARVEY LA 70059 (504) 366-3412
CHAIN BEARING CHAIN & SUPPLY 3500 S. RICHEY, STE 170 HOUSTON TX 77017 (800) 448-2358
CHAIN SHANECO, INC. 2011 BREMER ROAD FORT WAYNE IN 46803
CHAIN STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
CHAINS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
CHEMICALS NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
CHEMICALS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
CHEMICALS SUN COUNTY DISTRIBUTORS 5501 JEFFERSON HWY. JEFFERSON LA 70123 (504) 733-4514
CHEMICALS THOMAS SCHMIDT & ASSOCS. 800 PAMELA DRIVE MARSHALL TX 57670-7129 (903) 938-0167
CHEMICALS & MINERALS CHEMRICH, INC. 1100 VICTORY DRIVE WESTWEGO LA 70094-5447 (504) 347-1514
CIRCUIT BOARDS CIRCUIT TECHNOLGY, INC. 12704 N.E. 124TH STREET KIRKLAND WA 98034
CIRCUIT BOARDS GENERAL TECHNOLOGY CORP. 6816 WASHINGTON NE ST. ALBUQUERQUE NM 87109
CIRCUIT BOARDS ION ELECTRONICS CO. 1507 S. SIXTH STREET HOPKINS MN 55343
CIRCUIT BOARDS LITRONIC INDUSTRIES 2950 REDHILL AVENUE COSTA MESA CA 92626
CIRCUIT BOARDS NORTH TEXAS CIRCUITS 1501 W. SHADY GROVE GRAND PRAIRIE TX 75050
CIRCUIT BOARDS SPARTON TECHNOLOGY, INC. 9621 COORS ROAD ALBUQUERQUE NM 87114 (505) 892-5300
CIRCUIT BOARDS U.S. CIRCUITS, INC. 1526 STERLING COURT ESCONDIDO CA 92025
CLAMPS/COUPLINGS VOSS AEROSPACE 2168 W. 25TH STREET CLEVELAND OH 44113
CLEANERS IMPCO, INC. P.O. BOX 310 EDGARD LA 70049 (800) 826-9620
CLEANERS WARREN CHEMICAL CORP. P.O. BOX 545 ROBERT LA 70455 (504) 542-8985
CLEANING SUPPLIES/EQUIP. JOHN-HENRY ENTERPRISES 5740 HEEBE ST. JEFFERSON LA 70123 (504) 734-9274
CLOCKS/TIMEKEEPING BOSSIER-CADDO ELECTRIC P.O. BOX 5683 BOSSIER CITY LA 7111
CLOTHING, DISPOSABLE IMPCO, INC. P.O. BOX 310 EDGARD LA 70049 (800) 826-9620
CLOTHING, DISPOSABLE REAGAN TEXTILES, INC. P.O. BOX 51913 LAFAYETTE LA 70505
CLOTHING, MARINE/MILITARY MUSTANG INDUSTRIES 3810 JACOMBS ROAD RICHMOND BC CANADA
CLOTHING, SAFETY PLASCO SAFETY PRODUCTS 1919 COMMERCE ROAD SPRINGFIELD OH 45504 (513) 325-1001
CNC MACHINE SHOP SERVICES C & W MACHINE 1713 25TH STREET SOUTH MOORHEAD MN 56560 (218) 236-0751
COATINGS CHEMRICH, INC. 1100 VICTORY DRIVE WESTWEGO LA 70094-5447 (504) 347-1514
COATINGS CREATIVE COATINGS, INC. 428 N. LONGVIEW STREET KILGORE TX 75662 (903) 984-8454
COATINGS REILLY-BENTON CO., INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504) 586-1711
PAGE -4-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COATINGS/PAINTS CORROSION PROTECTION SPLY P. O. BOX 15175 BATON ROUGE LA 70895
COIL EXTRACTION SYSTEM E & W ENTERPRISES, INC. RT. 2 BOX 33-B GEORGETOWN DE 19947 (302) 856-7675
COIL, FAN (ASSEMBLY) MARLO COIL P. O. BOX 171 HIGH RIDGE MO 63049
COILS, HEATING/COOLING DEVLIN & ALPAUGH, INC. 5517 POWELL STREET NEW ORLEANS LA 70123 (504) 734-0400
COLDWELDING SYSTEMS AMERICAN DURWELD SALES P. O. BOX 850 SCITUATE MA 02066
COMMUNICATION PRODUCTS HUTTON COMMUNICATIONS 4112 BILLY MITCHELL DR. DALLAS TX 75244-2315 (800) 442-3811
COMMUNICATIONS STAR DYNAMIC CORP. 5711 KENNEDY BLVD. N. BERGEN NJ 07047-3298 (201) 868-4800
COMMUNICATIONS EQUIPMENT DATRON SYSTEMS, INC. 200 W. LOS ANGELES DR. SIMI VALLEY CA 93065-1650 (805) 584-1717
COMPOSITE APPLICATIONS ADVANCED POLYMER INDS. 31520 PAMCO DRIVE LIVONIA MI 48150 (313) 422-1350
COMPOUNDS, SEALING IMPCO, INC. P. O. BOX 310 EDGARD LA 70049 (800) 826-9620
COMPRESSOR PARTS ROC CARBON COMPANY P. O. BOX 19396 HOUSTON TX 77224-9396 (713) 468-7744
COMPRESSORS G & M ELECTRIC SALES 419 N. CLAIBORNE AVE. NEW ORLEANS LA 70112 (504) 586-8100
COMPRESSORS VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
COMPRESSORS, A/C & REFRIGN. MISSISSIPPI HERMETIC CO. P. O. BOX 6363 PEARL MS 39288-6363 (800) 831-1785
COMPRESSORS, AIR A B MANUFACTURING, INC. 732 15TH STREET GRETNA LA 70053-6424 (504) 367-7449
COMPRESSORS, AIR A B MANUFACTURING, INC. 732 15TH STREET GRETNA LA 70053-6424 (504) 367-7449
COMPRESSORS, AIR DOUGLAS AIR COMPRESSORS P. O. BOX 1054 DOUGLAS GA 31533-1054
COMPRESSORS, AIR POLYSPEDE INDUSTRIAL DIV 6770 TWIN HILLS DALLAS TX 75231 (214) 363-7245
COMPRESSORS, AIR RIX INDUSTRIES, INC. 6460 HOLLIS STREET EMERVILLE CA 94608
COMPRESSORS, AIR SANDAIR CORPORATION P. O. BOX 688 HARVEY LA 70059
COMPRESSORS, AIR SURGI, W. F. EQUIPMENT P. O. BOX 23715 HARAHAN LA 70183-0715
COMPUTER EQUIPMENT DELL MARKETING CORP. 9505 ARBORETUM BLVD. AUSTIN TX 78759-7299 (512) 338-4400
COMPUTER EQUIPMENT DIGITAL SOLUTIONS, INC. 3083 GOLD CANAL, STE 500 RANCHO CORDOVA CA 95670 (916) 638-5606
COMPUTER EQUIPMENT KLEINBERG, F. L. & CO. 3551 PEARL STREET BOULDER CO 80301-2421 (303) 442-6794
COMPUTER EQUIPMENT LASERCHARGER ENTERPRISES 4501 RATLIFF LANE ADDISON TX 75248 (214) 250-0539
COMPUTER EQUIPMENT NETWORK GENERATIONS 16 HUGHES, STE C-105 IRVINE CA 92718 (714) 454-0135
COMPUTER PRODUCTS CAD/CAM SERVICES 4436 DENVER PLANO TX 75093 (214) 867-7205
COMPUTER SERVICES DANDOL ENTERPRISES, INC. 807 S. MAIN HIGHLANDS TX 77562 (713) 426-3591
COMPUTER SUPPLIES/SERVICES GENERAL COMPUTER SUPPLIES P. O. BOX 3234 BATON ROUGE LA 70821 (504) 928-5830
COMPUTER SYSTEMS SOLID SYSTEMS, INC. 5610 GUHN ROAD HOUSTON TX 77040 (713) 895-0500
COMPUTER/PRINTER UPGRADES FIRST SOURCE INTL., INC. 36 ARGONAUT, SUITE 140 ALISO VIEJO CA 92656 (714) 588-9866
COMPUTERS ARTELL-GUY COMPANY 4038 CANAL STREET NEW ORLEANS LA 70119
COMPUTERS COMPUTER NEEDS 9230-H FLORIDA BLVD. PHILDELPHIA PA 19104-1598
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COMPUTERS ELITE COMPUTER EXCHANGE 2221 W. ARKANSAS STE 102 ARLINGTON TX 76013 (817) 860-1190
COMPUTERS ENTRON COMPUTER CORP. 9001 AIRPORT BLVD. #409 HOUSTON TX 77061 (713) 941-7007
COMPUTERS FACTORY DIRECT INDUSTRIES 3330 N. CAUSEWAY, STE 404 METAIRIE LA 70002-3573 (504) 830-4719
COMPUTERS NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
COMPUTERS PETRO PROJECT ENGINEERING P. O. BOX 1007 LAPLACE LA 70069 (504) 652-2000
COMPUTERS & SUPPLIES LA COMPUTER & SOFTWARE 302-A EAST CLUB RD ST. ROSE LA 70087 (504) 466-3627
COMPUTERS & SUPPLIES MODERN BUSINESS MACHINES 4609 FAIRFIELD STREET METAIRIE LA 70006 (504) 885-5961
CONCRETE CARLO DITTA, INC. 1445 MACARTHUR AVENUE HARVEY LA 70058 (504) 347-0272
CONNECTORS ARC ASSOCIATES, INC. 600 S. 7TH STREET DELANO MN 55328
CONNECTORS MICRO MODE PRODUCTS 1870 JOHN TOWERS AVENUE EL CAJON CA 92020
CONNECTORS REFLANGE GULF COAST 11616 INDUSTRIALPLEX HOUSTON TX 77092 (713) 682-5105
CONNECTORS T & T PRODUCTS 10611 SATELLITE BLVD. ORLANDO FL 32821-8429
CONNECTORS, FLEXIBLE HOSE HOSE SPECIALTY & SUPPLY 142 ENTERPRISE DRIVE GRETNA LA 70056 (504) 367-4283
CONSTRUCTION DYNAMIC CONTRACT LABOR P. O. BOX 10142 HOUMA LA 70363-5990
CONSULTANT SERVICES SATURN MANAGEMENT SERVS. 18314 RUNNING VINE LANE SPRING TX 77379-3921
CONSULTANT SERVICES SHERBERT BLACH, INC. 510 BERING DR., STE 300 HOUSTON TX 77057 (713) 972-1244
CONSULTANTS FLASH CREATIVE MANAGEMENT 452 CHURCHILL ROAD TEANECK NJ 07666 (201) 837-1342
CONSULTANTS, ENVIRONMENTAL YORK ENVIRONMENTAL SERVCS. 15281 JONES CREEK VLG AVE BATON ROUGE LA 70817 (504) 751-4980
CONTAINERS, CHASSIS TRS RESEARCH 301 E. ESSEX AVENUE AVENEL NJ 07001 (908) 636-3300
CONTAINERS, PACKAGING BOYD MANUFACTURING, INC. 4701 GUASTI ROAD ONTARIO CA 91761 (909) 391-9400
CONTAINERS, STORAGE/SHPG. TRS RESEARCH 301 E. ESSEX AVENUE AVENEL NJ 07001 (908) 636-3300
CONTROL SYSTEMS EAGLE CONTROL SYSTEMS 206 GOVERNMENT STREET BATON ROUGE LA 70802 (504) 336-0679
CONTROLS ELLIOTT MARINE, INC. 1904 TYLER AVENUE HOUMA LA 70360 (504) 876-3445
COPIERS LASERCHARGER ENTERPRISES 4501 RATLIFF LANE ADDISON TX 75248 (214) 250-0539
COUNSELING SERVICES OLD METAIRIE COUNSELING 433 METAIRIE RD. STE 208 METAIRIE LA 70003 (504) 837-1353
COUPLINGS NEW BRITAIN RUBBER CO. P. O. BOX 964 NEW BRITAIN CT 06050 (203) 223-4547
COUPLINGS & FLANGES ALL LEVEL PRODUCTS ROUTE 3, BOX 435-E HUNTSVILLE TX 77340 (409) 594-7416
COURIER SERVICE COURIERS, INC. 902 WILLIAMS, STE C KENNER LA 70062 (504) 468-3484
COVERINGS, ALUMINUM COOL VUE ALUMINUM 2008 ST. FERDINAND ST. NEW ORLEANS LA 70117-6994 (504) 943-3316
COVERS, INSULATED VALLEY DISTRIBUTING P. O. BOX 6069 SAGINAW MI 48608 (517) 799-9669
CRANES, LIFT THOMAS P. THOMPSON, III 189 E. OAKRIDGE PARK METAIRIE LA 70005 (504) 833-6045
DECK COVERING AMERICAN JOINER CONTRS. P. O. BOX 10540 NEW ORLEANS LA 70181 (504) 738-1527
DECK COVERING CHARTRES CORPORATION P. O. BOX 52305 NEW ORLEANS LA 70152 (504) 949-8353
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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DECK COVERING DECKS, INC. 5515 BELAIR ROAD BALTIMORE MD 21206
DECK COVERING J. E. STEIGERWALD CO. 474 CHESAPEAKE PARK PLAZA BALTIMORE MD 21220
DECK COVERING PETROCHEMICAL SERVICES 2121 CHARTRES STREET NEW ORLEANS LA 70116 (504) 947-7825
DECK MACHINERY McELROY MACHINE & MFG. P. O. BOX 4454 BILOXI MS 39535-4454 (601) 896-3736
DECK MACHINERY NEW ENGLAND TRAWLER 291 EASTERN AVENUE CHELSEA MA 02150 (617) 884-4354
DEGREASERS WARREN CHEMICAL CORP. P. O. BOX 545 ROBERT LA 70455 (504) 542-8985
DISTILLERS EXSTAR INTERNATIONAL 236 S. FRALEY BLVD. DUMFRIES VA 22026
DIVING, COMMERCIAL SPECIALTY DIVING, INC. P. O. BOX 2853 HAMMOND LA 70403 (504) 542-8770
DOORS & WINDOWS, INSULATED SURE-SEAL WINDOWS HOME 119 SOUTH PLEASANT GONZALES LA 70737 (504) 467-0200
DOORS, GLASS REINF PLASTIC MARINE CLOSURES, INC. P. O. BOX 398 SPRING VALLEY CA 92077 (619) 466-3222
DRAFTING SUPPLIES B.E.V. REPROGRAPHICS 3635 RIDGELAKE DRIVE METAIRIE LA 70002 (504) 831-4000
DRAINS, DECK LOEFFLER CORPORATION 201 E. LINCOLN HWY. PENNDEL PA 19047-4097
DRILLS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
DUBMWAITERS CHAMPAGNE RESDNCE ELEVS. 101 PASADENA AVE. STE A METAIRIE LA 70001 (504) 837-1670
DUCT, SPIRAL & FITTINGS CONTROL TECHNOLOGIES, INC. 2200 DAVID DRIVE METAIRIE LA 70003 (504) 885-2516
DUCT, SPIRAL & FITTINGS VES, INC. 5501 FLAGLER STREET METAIRIE LA 70002 (504) 446-9525
DUCT, SPIRAL & FITTINGS WALDO BROTHERS, INC. P. O. BOX 24128 NEW ORLEANS LA 70184-4128 (504) 834-8456
EDUCTORS DERBYSHIRE MARINE PRODUCTS BELFIELD AVE & WISTER PHILDELPHIA PA 19144 (215) 844-3200
ELECTRICAL JOSS, INC. 5711 LODGE CREEK DRIVE HOUSTON TX 77066
ELECTRICAL COMPONENTS NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
ELECTRICAL EQUIPMENT AMFAC ELECTRIC SUPPLY CO. P. O. BOX 30338 NEW ORLEANS LA 70190 (504) 734-7221
ELECTRICAL EQUIPMENT ARGO INTERNATIONAL GROUP 5229 RIVER ROAD NEW ORLEANS LA 70123 (504) 733-4500
ELECTRICAL EQUIPMENT BAYOU BOEUF ELECTRICAL 2131 PETERS ROAD HARVEY LA 70059 (504) 361-8949
ELECTRICAL EQUIPMENT BAYOU ELECTRICAL SUPPLY 521 HIGHWAY 171 LAKE CHARLES LA 70601
ELECTRICAL EQUIPMENT COMMUNICATIONS ELECTRONIC 4407 VINELAND, STE D-16 ORLANDO FL 32811
ELECTRICAL EQUIPMENT DMN ELECTRIC SUPPLY CO. P. O. BOX 337 PASCAGOULA MS 39567
ELECTRICAL EQUIPMENT G & M ELECTRIC SALES 419 N. CLAIBORNE AVE. NEW ORLEANS LA 70112 (504) 586-8100
ELECTRICAL EQUIPMENT GRAYBAR ELECTRIC COMPANY P. O. BOX 23266 NEW ORLEANS LA 70183 (504) 733-5450
ELECTRICAL EQUIPMENT I. C. ELECTRICAL SUPPLY P. O. BOX 667 HARVEY LA 70059 (504) 341-4281
ELECTRICAL EQUIPMENT J. H. JONES COMPANY 8300 MADRID AVENUE BATON ROUGE LA 70814 (504) 923-3022
ELECTRICAL EQUIPMENT KINNAMAN ELECTRIC, INC. P. O. BOX 486 WILMINGTON CA 90748 (310) 834-2582
ELECTRICAL EQUIPMENT L. C. DOANE COMPANY P. O. BOX 486 ESSEX CT 06426
ELECTRICAL EQUIPMENT LONG ELECTRICAL SUPPLY P. O. BOX 30320 NEW ORLEANS LA 70190 (504) 524-8322
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ELECTRICAL EQUIPMENT M & T ELECTRICAL CONTRS. 2010 KENDALL ST., N.E. WASHINGTON DC 20002
ELECTRICAL EQUIPMENT M. C. ELECTRIC 1516 STAPLE MESQUITE TX 75149 (214) 289-0515
ELECTRICAL EQUIPMENT MARTA ELECTRIC, INC. P. O. BOX 5326 COMPTON CA 90224
ELECTRICAL EQUIPMENT NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
ELECTRICAL EQUIPMENT NMP CORPORATION P. O. BOX 35493 TULSA OK 74153 (918) 252-0481
ELECTRICAL EQUIPMENT NOTOCO INDUSTRIES 2125 WILLIAMS BLVD. KENNER LA 70062 (504) 469-2801
ELECTRICAL EQUIPMENT NULITE ELECTRICAL WHOLES. P. O. BOX 23581 HARAHAN LA 70183 (504) 733-3300
ELECTRICAL EQUIPMENT PAULUHN ELECTRIC MFG. P. O. BOX 53 PEARLAND TX 77588-0053 (713) 485-4311
ELECTRICAL EQUIPMENT REILY ELECTRICAL SUPPLY P. O. BOX 188 METAIRIE LA 70001 (504) 835-8888
ELECTRICAL EQUIPMENT RIERAS COMPANY 8540 SPRUCE STREET NEW ORLEANS LA 70118 (504) 865-1198
ELECTRICAL EQUIPMENT ROYTEC INDUSTRIES 306 BELL PARK DRIVE WOODSTOCK GA 30188
ELECTRICAL EQUIPMENT SOUTHERN ELECTRIC SUPPLY P. O. BOX 23701 HARAHAN LA 70183 (504) 733-4844
ELECTRICAL EQUIPMENT STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
ELECTRICAL EQUIPMENT SUMMERS ELECTRIC SUPPLY P. O. BOX 23234 HARAHAN LA 70183 (504) 733-4567
ELECTRICAL EQUIPMENT SWOFFORD ELECTRIC SUPPLY 1160 N. GREAT SW PKWY GRAND PRAIRIE TX 75050 (214) 647-1671
ELECTRICAL EQUIPMENT TORRES ELECTRICAL SUPPLY P. O. BOX 5513 GREENVILLE SC 29606
ELECTRICAL EQUIPMENT WESTGATE, INC. P. O. BOX 1948 BATON ROUGE LA 70821 (504) 749-2635
ELECTRICAL EQUIPMENT WESTINGHOUSE ELECTRIC P. O. BOX 23864 HARAHAN LA 70183 (504) 733-5790
ELECTRICAL EQUIPMENT YOUNG ENGINEERING CO. P. O. BOX 50327 NEW ORLEANS LA 70150 (504) 581-6292
ELECTRICAL/ELECTRONICS RADIO PARTS 1331 PRYTANIA STREET NEW ORLEANS LA 70130 (504) 581-5959
ELECTRO OPTICS DISPLAY TECH 2200 CENTRAL AVENUE BOULDER CO 80301
ELECTRONIC COMPONENTS P.A.K. & ASSOCIATES 3350 WILSHIRE BLVD., STE 270 LOS ANGELES CA 90010 (213) 427-1997
ELECTRONIC CONNECTORS DA-GREEN ELECTRONICS P. O. BOX 486 SOUTH RIVER NJ 08881 (908) 254-2735
ELECTRONIC EQUIPMENT G & M ELECTRIC SALES 419 N. CLAIBORNE AVE. NEW ORLEANS LA 70112 (504) 586-8100
ELECTRONIC PRODUCTS HUTTON COMMUNICATIONS 4112 BILLY MITCHELL DR. DALLAS TX 75244-2315 (800) 442-3811
ELECTRONICS BOSSIER-CADDO ELECTRIC P. O. BOX 5863 BOSSIER CITY LA 71111
ELECTRONICS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
ELECTRONICS CONTROL GENERAL CORP. 252 MAGNOLIA AVENUE HOUMA LA 70630 (504) 872-9002
ELECTRONICS ELCOMP, INC. P. O. BOX 878 CHALMETTE LA 70044
ELECTRONICS ELECTRA P. O. BOX 830 ELDORADO AR 71730
ELECTRONICS ERIK-A-ELECTRONIC DIST. 2640 S. MRYTLE AVE, #1 MONROVIA CA 91016
ELECTRONICS GOPHER ELECTRONICS CO. 222 E. LITTLE CANADA RD ST. PAUL MN 55117
ELECTRONICS GULFSIDE SUPPLY CO. 1517 EDWARDS AVENUE HARAHAN LA 70123
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ELECTRONICS KENT ELECTRONICS 5600 BONHOMME ROAD HOUSTON TX 77036
ELECTRONICS KIMBALL ELECTRONICS 504 E. CENTER POCATELLO ID 83201
ELECTRONICS M.G. ELECTRONICS/EQUIP. P.O. BOX 23744 HARAHAN LA 70183 (504) 733-0070
ELECTRONICS N. JAMES SUPPLY CORP. P.O. BOX 8202 NASHVILLE TN 37207
ELECTRONICS PAR ELECTRONICS 8980 J ROUTE 108 COLUMBIA MD 21045 (800) 447-9008
ELECTRONICS RALPH'S IND. ELECTRONICS P.O. BOX 107 BATON ROUGE LA 70821 (504) 525-8871
ELECTRONICS SOUTHERN RADIO SUPPLY 1909 TULANE AVENUE NEW ORLEANS LA 70112 (504) 524-2343
ELECTRONICS TARGETRONIX CORPORATION 6230 COCHRAN ROAD SOLON OH 44139
ELECTRONICS THE SIERRA CORPORATION 938 JEFFERSON AVENUE GRETNA LA 70053
ELECTRONICS TIME ELECTRONICS 10450 STANCLIFF, STE 110 HOUSTON TX 77099
ELECTRONICS WILLIAM B. ALLEN SUPPLY 300 N. RAMPART STREET NEW ORLEANS LA 70112 (504) 525-8222
ELECTRONICS WOVEN ELECTRONICS CORP. P.O. BOX 367 GREENVILLE SC 29602
ELEVATORS CHAMPAGNE RESDNCE ELEVS. 101 PASADENA AVE. STE A METAIRIE LA 70001 (504) 837-1670
ENGINE ACCESSORIES NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
ENGINEERING MAILLY ENGINEERING 86 NEWBURYPORT TURNPIKE NEWBURY MA 01950
ENGINEERING PETRO PROJECT ENGINEERING P.O. BOX 1007 LAPLACE LA 70069 (504)652-2000
ENGINEERING TAC/TECHNICAL ASSIST. CO. 4702FM 1960 W., STE 266 HOUSTON TX 77069
ENGINEERING & DESIGN SUNSHINE HORIZON 2070 SOUTH BALBOA AVE ONTARIO CA 91761 (714) 923-4094
ENGINEERING DESIGN LOCKWOOD GREENE P.O. BOX 491 SPARTANBURG SC 29304 (803) 578-2000
ENGINEERING SERVICES KEYSTONE ENGINEERING, INC. 2439 MANHATTAN, STE 411 HARVEY LA 70058 (504) 362-9465
ENGINEERING SERVICES MOHAWK ENGINEERING CO. BOX 527 TAZEWELL TN 37859-0527 (615) 626-5806
ENGINEERING SERVICES RFP, INC. P.O. BOX 655 SAFETY HARBOR FL 34695
ENGINEERING SERVICES SOTEC 5845 RIVER ROAD NEW ORLEANS LA 70123 (504) 733-3337
ENGINES, DIESEL NEW ORLEANS DIESEL, INC. 9600 CHEF MENTEUR HWY. NEW ORLEANS LA 70127 (504) 241-0185
EVACUATION DEVICES CHAMPAGNE RESDNCE ELEVS. 101 PASADENA AVE. STE A METAIRIE LA 70001 (504) 837-1670
EXCHANGERS, HEAT J & L MARINE INDUSTRIES 1500 LAFAYETTE, STE 150A GRETNA LA 70053
EXHAUST SYSTEMS KEY MARINE, INC. 4401 EAST 11TH AVENUE HIALEAH FL 33010 (305) 688-6546
FABRICATION CUSTOM FABRICATION, INC. 2611 SHARON STREET KENNER LA 70062 (504) 469-6852
FABRICATION ENDICOTT PRECISION 1328-30 CAMPVILLE ROAD ENDICOTT NY 13760
FABRICATION FABRICATION DYNAMICS 2102 W. SKELLY DRIVE TULSA OK 74107 (918) 446-1638
FABRICATION POCHE WELDING, INC. 5620 RIVER ROAD MARRERO LA 70072 (504) 340-5223
FABRICATION, MACHINE AL'S MACHINE SHOP, INC. 306 MAVIS IRVING TX 75061 (214) 438-2373
FANS & BLOWERS DEVLIN & ALPAUGH, INC. 5517 POWELL STREET NEW ORLEANS LA 70123 (504) 734-0400
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FASTENERS A & B BOLT AND SUPPLY, INC. P.O. BOX 51912 LAFAYETTE LA 70505 (318) 234-7317
FASTENERS AVIATRIX 11911 S. PARKER, STE 105 PARKER CO 80134-4804 (303) 841-9771
FASTENERS BATON ROUGE BOLT, INC. 5811 McCANN DRIVE BATON ROUGE LA 70809 (504) 296-5070
FASTENERS BEST BOLT & NUT CORP. 1324-B DANVILLE STREET KENNER LA 70062
FASTENERS CAL-WEST PRODUCTS 7358 TRADE STREET SAN DIEGO CA 92121
FASTENERS FASTENERS, INC. P.O. BOX 10037 JEFFERSON LA 70181-0037 (504) 838-9359
FASTENERS FEDERAL SCREW & SUPPLY 146 ALBANY AVENUE LINDENHURST NY 11757 (516) 226-8002
FASTENERS G & G FASTENERS & SUPPLY P.O. BOX 52 SULPHUR LA 70664
FASTENERS HARDWARE SPECIALTY CO. 48-75 36TH STREET LONG ISLAND CITY NY 11101 (718) 361-9393
FASTENERS HI-TEST LABS, INC. P.O. BOX 226 BUCKINGHAM VA 23921
FASTENERS HOUSE OF THREADS 2310 PERDIDO STREET NEW ORLEANS LA 70119 (504) 821-3200
FASTENERS INDUSTRIAL MACHINERY P.O. BOX 13368 NEW ORLEANS LA 70185 (504) 523-1492
FASTENERS NATIONAL LOCK SCREW CO. P.O. BOX 18669 FT. WORTH TX 76118
FASTENERS NETWORK USA, INC. 136 WALKER STREET, S.W. ATLANTA GA 30313
FASTENERS QUALITY BOLT & SCREW 9454 S. CHOCTAW DRIVE BATON ROUGE LA 70815
FASTENERS SATURN FASTENERS, INC. 400 113TH STREET ARLINGTON TX 76011 (817) 640-7144
FASTENERS SOUTHEASTERN BOLT & SCREW P.O. BOX 758 BIRMINGHAM AL 35201 (205) 328-4551
FASTENERS SOUTHERN FASTENERS CORP. P.O. BOX 1466 MOBILE AL 36601 (205) 457-5382
FASTENERS STAKE FASTENER CO. 14395 RAMONA AVENUE CHINO CA 91710
FASTENERS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
FASTENERS T. A. & D. A. TROY CO. 315 FAIRFIELD ROAD FAIRFIELD NJ 07006 (800) 443-8769
FASTENERS TRAVER INDUSTRIAL SALES P.O. BOX 3043 HAMMOND LA 70403 (504) 542-5422
FASTENERS VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
FASTENERS WILLIAM H. HASKEL MFG. P.O. BOX 308 PAWTUCKET RI 02862
FASTENERS & HARDWARE TEXAS AIRCRAFT SUPPLY 6310 WEBB LYNN ROAD ARLINGTON TX 76018 (817) 472-6928
FASTENERS & HARDWARE UNITED FASTENER CO., INC. P.O. BOX 1660 WEST BABYLON NY 11704 (516) 643-1900
FASTENERS & WELD STUDS BAILEY ENTERPRISES 7822 WILLOW STREET NEW ORLEANS LA 70118-4056 (504) 861-2320
FILTERS BARNEY-CHENEY P.O. BOX 2526 COLUMBUS OH 43216
FILTERS DEVLIN & ALPAUGH, INC. 5517 POWELL STREET NEW ORLEANS LA 70123 (504) 734-0400
FILTERS ENVIRONMENTAL ELEMENTS P.O. BOX 1318 BALTIMORE MD 21203
FILTERS HARLOW FILTER SUPPLY 4843 ALMOND DALLAS TX 75247 (216) 631-5566
FILTERS PARMATIC FILTER CORP. 88 FORD ROAD DENVILLE NJ 07834-1634 (201) 586-9200
FILTERS R. H. CREAGER, INC. P.O. BOX 100 KENNER LA 60063 (504) 469-6532
PAGE -10-
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<PAGE>
AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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<S> <C> <C> <C> <C> <C>
FILTERS REILLY-BENTON CO., INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504) 586-1711
FILTERS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
FILTERS UNIVERSAL SILENCER P.O. BOX 411 STOUGHTON WI 53589
FILTERS VES, INC. 5501 FLAGLER STREET METAIRIE LA 70002 (504) 446-9525
FILTERS, AIR A B MANUFACTURING, INC. 732 15TH STREET GRETNA LA 70053-6424 (504) 367-7449
FILTRATION EQUIPMENT THE FUEL OIL POLISHING CO. P.O. BOX 6261 GULFPORT MS 35908-6261 (601) 663-7817
FIRE & SMOKE DETECTION HERBERT S. HILLER CORP. 1020 JUSTIN ROAD METAIRIE LA 70001 (504) 837-2333
FIRE FIGHTING EQUIPMENT ALEXANDER-SEVIN, INC. 7830 TOWNSEND PLACE NEW ORLEANS LA 70126 (504) 246-9900
FIRE FIGHTING EQUIPMENT BOOTS & COOTS, INC. 3177 SUMMIT DRIVE PORT NECHES TX 77651
FIRE FIGHTING EQUIPMENT SOTEC 5845 RIVER ROAD NEW ORLEANS LA 70123 (504) 733-3337
FIRE FIGHTING EQUIPMENT STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
FIRE FIGHTING EQUIPMENT TARA BUILDING SPECIALTIES P.O. BOX 1857 HAMMOND LA 70404
FIRE PROTECTIVE MATERIAL DEVELOPMENT PRODUCTS, INC. 9201 COLLINS AVENUE PENNSAUKEN NJ 08110 (609) 662-9051
FITTINGS & FLANGES A C SUPPLY, INC. P.O. BOX 23667 HARAHAN LA 70183 (504) 733-5600
FITTINGS & FLANGES AIRSAN CORPORATION 4554 W. WOOLWORTH AVE. MILWAUKEE WI 53218
FITTINGS & FLANGES ALASKAN COPPER WORKS P.O. BOX 3546 SEATTLE WA 98124 (206) 623-5800
FITTINGS & FLANGES ALLOY DISTRIBUTORS, INC. P.O. BOX 65161 BATON ROUGE LA 70792 (504) 356-0175
FITTINGS & FLANGES ALLOY PRODUCTS, INC. P.O. BOX 45592 BATON ROUGE LA 70792
FITTINGS & FLANGES AMERICAN ALLOYS, INC. P.O. BOX 15848 BATON ROUGE LA 70815 (504) 927-1444
FITTINGS & FLANGES B & M OILFIELD SUPPLY 113 NOLAN ROAD BROUSSARD LA 70518
FITTINGS & FLANGES BBL COMPANY P.O. BOX 310 KULPSVILLE PA 19443 (800) 523-2284
FITTINGS & FLANGES CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
FITTINGS & FLANGES CARTER CHAMBERS SUPPLY P.O. BOX 2081 KENNER LA 70063 (504) 464-4411
FITTINGS & FLANGES COMBINATION PUMP VALVE 851 N. PRESTON ST. PHILADELPHIA WA 96034
FITTINGS & FLANGES CUNICO CORPORATION P.O. BOX 306 WILMINGTON CA 90748-0306 (213) 830-5910
FITTINGS & FLANGES CUSTOM ALLOY CORPORATION ROUTE 513 CALIFON NJ 07830 (800) 932-0259
FITTINGS & FLANGES DIXIE MILL SUPPLY CO. P.O. BOX 52005 NEW ORLEANS LA 70152 (504) 525-6101
FITTINGS & FLANGES EMPIRE VALVE & FITTING 15TH ST. & WINDRIM AVE. PHILADELPHIA PA 19141 (215) 457-5000
FITTINGS & FLANGES FLANDER FILTERS, INC. P.O. BOX 1708 WASHINGTON NC 27889-1708
FITTINGS & FLANGES FLUID HANDLING SPECLTS. 11411-A DARRYL DRIVE BATON ROUGE LA 70815 (504) 273-2341
FITTINGS & FLANGES GLNCO FLANGE 504 EMORY STREET SAN JOSE CA 95110
FITTINGS & FLANGES GULF SUPPLY CO., INC. P.O. BOX 550 HARVEY LA 70059 (504) 367-9150
FITTINGS & FLANGES GUYON GENERAL PIPING P.O. BOX 3887 BATON ROUGE LA 70821 (504) 923-1381
PAGE -11-
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<PAGE>
AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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FITTINGS & FLANGES INDUSTRIAL METALS OF SOUTH P.O. BOX 10507 JEFFERSON LA 70181 (504) 586-9191
FITTINGS & FLANGES MACHINE SPECIALTY MFG. 114 TURN ROW LAFAYETTE LA 70508
FITTINGS & FLANGES MCF ENTERPRISES 4700 BARNETT STREET METAIRIE LA 70006 (504) 454-0014
FITTINGS & FLANGES MIDLAND LOUISIANA, INC. P.O. BOX 922 KENNER LA 70063
FITTINGS & FLANGES MINDECO CORPORATION P.O. BOX 310 OCEANSIDE NY 11572 (800) 645-2244
FITTINGS & FLANGES SOUTHERN METALS/MISSISSIPPI P.O. BOX 782 LAUREL MS 39441 (601) 649-7475
FITTINGS & FLANGES SPECIALTY ALLOYS, INC. 4404 RHODA DRIVE BATON ROUGE LA 70816
FITTINGS & FLANGES STAINLESS PIPING MATERIAL P.O. BOX 52804 BATON ROUGE LA 70805 (504) 344-5216
FITTINGS & FLANGES STANDARD SUPPLY & HDWE P.O. BOX 60620 NEW ORLEANS LA 70160 (504) 586-8400
FITTINGS & FLANGES STATE PRODUCTION CO. 535 W. GERMANTOWN DRIVE NORRISTOWN PA 19403
FITTINGS & FLANGES SUNBELT SUPPLY & TOOL 5515 POWELL STREET JEFFERSON LA 70121 (504) 736-0000
FITTINGS & FLANGES TAYLOR FORGE STAINLESS P.O. BOX 610 SOMERVILLE NJ 08876 (800) 223-1068
FITTINGS & FLANGES TRI-STAR SUPPLY CO., INC. 1906 ENGINEERS ROAD BELLE CHASSE LA 70037 (504) 394-4888
FITTINGS & FLANGES TRINITY PIPE & FITTINGS P.O. BOX 6937 METAIRIE LA 70009-6937 (504) 455-0333
FITTINGS & FLANGES VINSON SUPPLY CO. P.O. BOX 164 HARVEY LA 70059 (504) 340-1301
FITTINGS & FLANGES W & O SUPPLY, INC. 1406 DEALERS AVENUE HARAHAN LA 70123 (504) 733-4277
FITTINGS, STAINLESS STEEL SISCO P.O. BOX 15586 BATON ROUGE LA 70895 (504) 275-5200
FITTINGS, TUBE DRUE INDUSTRIES, INC. P.O. BOX 589 BARKER TX 77413-0589 (713) 589-6900
FLAGS & BANNERS FLAG & BANNER COMPANY 543 DUMAINE STREET NEW ORLEANS LA 70116 (504) 522-2204
FLANGES & COUPLINGS MARMIC INDUSTRIES, INC. 834 WHITMAN SCHOOL ROAD TURNERSVILLE NJ 08012
FLOOR CARE EARLINE'S JANITORIAL SERV. 8731 LOMOND ROAD NEW ORLEANS LA 70127-1537 (504) 244-8946
FLOOR COVERING CHEMBOND FLOORING SYSTEMS P.O. BOX 877 LA GRANGE GA 30241 (404) 845-1000
FLOTATION DEVICES MUSTANG INDUSTRIES 3810 JACOMBS ROAD RICHMOND BC CANADA
FOAM, POLYURETHANE REILLY-BENTON CO., INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504) 586-1711
FOOD PREPARATION EQUIP. NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 641-4410
FOOD PRODUCTS MACHY. KLINGE CORPORATION P.O. BOX 3608 YORK PA 17402 (717) 840-4500
FORGINGS ELLWOOD CITY FORGE CORP. P.O. BOX 31 ELWOOD CITY PA 16117
FORGINGS ELLWOOD TEXAS FORGE P.O. BOX 1477 HOUSTON TX 77251-1477 (713) 434-5186
FORK LIFTS LOBO LIFT, INC. 7121 WASHINGTON AVE. ALBUQUERQUE NK 87109
FORMS, BUSINESS DIXIE MARKETING GROUP 510 LAFAYETTE STREET GRETNA LA 70053 (504) 361-3453
FORMS, BUSINESS RENCO BUSINESS FORMS P.O. BOX 7846 METAIRIE LA 70010-7846 (504) 454-5043
FOUNTAINS, DRINKING VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
FRAMES BEACH, LTD. 2304 21ST STREET KENNER LA 70072 (504) 467-2070
PAGE -12-
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<PAGE>
AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
<TABLE>
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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<S> <C> <C> <C> <C> <C>
FUEL CONOCO OIL COMPANY P.O. BOX 1032 EUNICE LA 70535
FUEL J. MANOCO, INC. P.O. BOX 74007 BATON ROUGE LA 70874 (504) 359-6703
FUEL TRANS-GULF FUEL, INC. P.O. BOX 313 GOLDEN MEADOW LA 70357
FUELS & LUBRICANTS NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70368 (504) 651-4410
FURNITURE NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70368 (504) 651-4410
GAGEBOARDS BAILEY ENTERPRISES 7822 WILLOW STREET NEW ORLEANS LA 70118-4056 (504) 861-2320
GALLEY EQUIPMENT ALEXANDER-SEVIN, INC. 7830 TOWNSEND PLACE NEW ORLEANS LA 70126 (504) 246-9900
GALLEY EQUIPMENT BLUME WORLDWIDE SERVICE 246 MAMARONECK ROAD SCARSDALE NY 10583
GALLEY EQUIPMENT BOSTON SUPERMARKET/BAKERY 1470 S. ANAHEIM, STE. G ANAHEIM CA 92805
GALLEY EQUIPMENT FOOD SERVICE EQUIPMENT P.O. BOX 13168 TAMPA FL 33681-3168 (813) 839-5341
GALLEY EQUIPMENT G.R. SPEER CO., INC. P.O. BOX 39274 SAN ANTONIO TX 78218 (512) 646-8432
GALLEY EQUIPMENT GAYLORD INDUSTRIES, INC. P.O. BOX 1149 TUALATIN OR 97062-1149 (503) 691-2010
GALLEY EQUIPMENT GAYLORD VENTILATOR EAST 37 VREELAND ROAD FLORHAM PARK NJ 08932
GALLEY EQUIPMENT GENERAL FOOD EQUIP/SUPPLY P.O. BOX 158 SAN ANTONIO TX 78291
GALLEY EQUIPMENT H.E. GREEN & ASSOC., INC. P.O. BOX 3207 GULFPORT MS 39503 (601) 391-3985
GALLEY EQUIPMENT RUSS EQUIPMENT CO., INC. P.O. BOX 23029 NEW ORLEANS LA 70183 (504) 737-3823
GALLEY EQUIPMENT VES, INC. 5501 FLAGLER STREET METAIRIE LA 70002 (504) 446-9525
GAS FREEING G.R. SPEER CO., INC. P.O. BOX 39274 SAN ANTONIO TX 78218 (512) 646-8432
GAS FREEING GULF TANK CLEANING 1205 BERKLEY HOUSTON TX 77012
GAS FREEING H.E. GREEN & ASSOC., INC. P.O. BOX GULFPORT MS 39503 (601) 391-3985
GAS FREEING RUSS EQUIPMENT CO., INC. P.O. BOX 23029 NEW ORLEANS LA 70183 (504) 737-3823
GASES ENERCOR, INC. 1502 AUGUSTA DR, #250 HOUSTON TX 77057-2454 (713) 977-8793
GASKETS ADVANCED SEALS & PACKING P.O. BOX 712 HARVEY LA 70059 (504) 367-7325
GASKETS CAPITAL RUBBER & SPECIALTY P.O. BOX 2483 BATON ROUGE LA 70821
GASKETS GULF BELTING & GASKET CO. P.O. BOX 51869 NEW ORLEANS LA 70151 (504) 522-9613
GASKETS GULF BELTING & GASKET CO. P.O. BOX 51869 NEW ORLEANS LA 70151 (504) 522-9613
GASKETS LAMONS METAL GASKET CO. P.O. BOX 23432 HARAHAN LA 70183 (504) 733-4211
GASKETS PRIOR GASKETS, INC. P.O. BOX 271063 DALLAS TX 75227 (800) 227-9341
GASKETS THE SIERRA CORPORATION 938 JEFFERSON AVENUE GRETNA LA 70053
GAUGES WEKSLER INSTRUMENT CO. 80 MILL ROAD FREEPORT NY 11520 (516) 623-0100
GENERAL CONTRACTING PFAFF, BILL CONTRACTORS 5501 POWELL STREET HARAHAN LA 70123 (504) 738-9798
GENERAL CONTRACTING TRIPLE J&B CONTRACTORS P.O. BOX 396 GLEN DANIEL WV 25844 (304) 934-7983
GENERATOR REPAIR ARCCO COMPANY SERVICES 10431 MAMMOTH AVENUE BATON ROUGE LA 70814 (504) 927-2722
PAGE -13-
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<PAGE>
AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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GENERATOR SETS KEM EQUIPMENT, INC. 4301 LEARY WAY N.W. SEATTLE WA 96107
GENERATOR SETS KLINGE CORPORATION P.O. BOX 3608 YORK PA 17402 (717) 840-4500
GENERATORS, ELECTRIC POLYSPEDE INDUSTRIAL DIV 6770 TWIN HILLS DALLAS TX 75231 (214) 363-7245
GRAPHIC DESIGN LASER SERVICES 4841 ZENITH, STE 10 METAIRIE LA 70001 (504) 454-3630
GRAPHICS SUPPLIES SLS ARTS, INC. 5524 MOUNES STREET NEW ORLEANS LA 70123 (504) 733-1104
GRINDERS REFLANGE GULF COAST 11616 INDUSTRIALPLEX HOUSTON TX 77092 (713) 682-5105
GRINDING L.M. GILL WELDING P.O. BOX 185 BUCKLAND MANCHESTER CO 06040
HALON AFFF, S.W. EQUIPMENT BETE FOG NOZZLE, INC. 324 WELLS STREET GREENFIELD MA 01301 (504) 892-3870
HARDWARE AMERICAN INDUSTRIAL HDWE 22873 LOCKNESS AVE TORRANCE CA 90501 (213) 326-3860
HARDWARE KEY MARINE, INC. 4401 EAST 11TH AVENUE HIALEAH FL 33013 (305) 688-6546
HARDWARE VALLEY INDUSTRIAL SUPPLY 205 W. 35TH ST., STE K NATIONAL CITY CA 92050-7918 (619) 420-4300
HEAT EXCHANGERS CONSECO 611 NORTH ROAD MEDFORD WI 54451
HEAT EXCHANGERS FISCHER ENGINEERING, LTD. BOX 13743 NEW ORLEANS LA 70185 (504) 831-6656
HEAT EXCHANGERS GULF STATES ENGINEERING P.O. BOX 26156 NEW ORLEANS LA 70186 (504) 241-8510
HEAT EXCHANGERS INDUSTRIAL AIR SERVICE P.O. BOX 649 UNION MO 63084 (800) 527-1425
HEATERS ALEXANDER-SEVIN, INC. 7830 TOWNSEND PLACE NEW ORLEANS LA 70126 (504) 246-9900
HEATERS, ELECTRIC AWC, INC. 6655 EXCHEQUER DRIVE BATON ROUGE LA 70895 (800) 364-0292
HEATERS, ELECTRIC CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
HEATERS, ELECTRIC INDEECO ENGINEERING 425 HANLEY INDUSTRIAL CT. ST. LOUIS MO 63144 (314) 644-4300
HEATERS, ELECTRIC LONG ELECTRICAL SUPPLY P.O. BOX 30320 NEW ORLEANS LA 70190 (504) 524-8322
HEATERS, ELECTRIC MCINTYRE ENGINEERING 201 SOUTH HILL DRIVE BRISBANE CA 94005 (415) 468-3560
HEATERS, ELECTRIC ROSS & PETHTELL, INC. P.O. BOX 15223 BATON ROUGE LA 70895
HEATERS, ELECTRIC VALAD ELECTRIC HEATING 161 WILDEY STREET TARRYTOWN NY 10591 (914) 631-4927
HEATERS, HOT WATER ELECTRIC HEATER COMPANY 45 SEYMOUR STREET STRATFORD CT 06497-0288
HEATING SUPPLIES WENCO PARTS & SUPPLY CO. 5817 CITRUS BLVD., STE J HARAHAN LA 70123 (504) 734-9045
HELICOPTER TIEDOWNS BREEZE-EASTERN CORP. 700 LIBERTY AVENUE UNION NJ 07083 (201) 686-4000
HELICOPTER TIEDOWNS LINE FAST CORPORATION 805 GRUNDY AVENUE HOLBROOK NY 11741
HELICOPTER TIEDOWNS PECK & HALE 180 DIVISION AVENUE W. SAYVILLE, LI NY 11796
HOISTS CHAMPAGNE RESDNCE ELEVS. 101 PASADENA AVE. STE A METAIRIE LA 70001 (504) 837-1670
HOSES NEW BRITAIN RUBBER CO. P.O. BOX 964 NEW BRITAIN CT 06050 (203) 223-4547
HOSES TRAVER INDUSTRIAL SALES P.O. BOX 3043 HAMMOND LA 70403 (504) 542-5422
HOSES & FITTINGS AEROSPACE SUPPLY NORTH 225 N. BARRANCO AVENUE W. COVINA CA 91791 (618) 858-1950
HOSES & FITTINGS C.V. HAROLD RUBBER CO. P.O. BOX 13688 NEW ORLEANS LA 70185 (504) 821-5944
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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HOSES & FITTINGS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
HOSES & FITTINGS FABACHER, INC. P.O. BOX 899 HARVEY LA 70059 (504) 362-5901
HOSES & FITTINGS HOSE SPECIALTY & SUPPLY 142 ENTERPRISE DRIVE GRETNA LA 70056 (504) 367-4283
HOSES & FITTINGS HYDRADYNE HYDRAULICS P.O. BOX 760 HARVEY LA 70059 (504) 394-7256
HOSES & FITTINGS INDUSTRIAL & MARINE EQUIP. 5801 PLAUCHE COURT HARAHAN LA 70123 (504) 733-5030
HOSES & FITTINGS LEE ENGINEERING SUPPLY P.O. BOX 23340 HARAHAN LA 70183 (504) 733-3333
HOSES & FITTINGS MELVILLE EQUIPMENT, INC. P.O. BOX 577 HARVEY LA 70059 (504) 368-1644
HOSES & FITTINGS RIVER RUBBER & BELTING P.O. BOX 23624 HARAHAN LA 70183 (504) 733-8843
HOSES & FITTINGS SOUTHEAST HOSE & CONNCTRS. 10434 MAMMOTH AVENUE BATON ROUGE LA 70814 (504) 925-8149
HOSES & FITTINGS SOUTHLAND FIRE & SAFETY P.O. BOX 1307 GONZALES LA 70737 (504) 647-5371
HOSES & FITTINGS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
HOSES & FITTINGS TAB INDUSTRIES P.O. BOX 1506 PASCAGOULA MS 39568 (800) 624-0796
HOSES & FITTINGS THE SIERRA CORPORATION 938 JEFFERSON AVENUE GRETNA LA 70053
HOSES & FITTINGS THE WESTON COMPANY, INC. P.O. BOX 53252 NEW ORLEANS LA 70153 (504) 486-6653
HOSES & FITTINGS TRIPLEX, INC. P.O. BOX 23605 HARAHAN LA 70183 (504) 733-8042
HOSES & GAUGES DRUE INDUSTRIES, INC. P.O. BOX 589 BARKER TX 77413-0589 (713) 589-6900
HOSES/FIRE FIGHTING EQUIP. JGB ENTERPRISES, INC. P.O. BOX 209 LIVERPOOL NY 13088-0209 (315) 451-2770
I.C. EQUIPMENT NMP CORPORATION P.O. BOX 35493 TULSA OK 74153 (918) 252-0481
IGNITIONS & PARTS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
INDICATORS, RUDDER ANGLE CONTROL GENERAL CORP. 252 MAGNOLIA AVENUE HOUMA LA 70630 (504) 872-9002
INDICATORS, RUDDER ANGLE ELECTRIC TACHOMETER CORP. 68TH & UPLAND STREETS PHILADELPHIA PA 19142
INDICATORS, RUDDER ANGLE MCNAB, INC. 20 N. MACQUESTEN PARKWAY MOUNT VERNON NY 10550-1897 (914) 699-1616
INDUSTRIAL SUPPLIES ACE INDUSTRIAL PRODUCTS P.O. BOX 78447 SHREVEPORT LA 71137
INDUSTRIAL SUPPLIES CIRCLE M SUPPLY COMPANY P.O. BOX 53791 LAFAYETTE LA 70505
INSTRUMENTATION ADVANCED RESEARCH, INC. P.O. BOX 3131 BILLINGS MT 59103-3131 (800) 333-7254
INSTRUMENTATION AWC, INC. 6655 EXCHEQUER DRIVE BATON ROUGE LA 70895 (800) 364-0292
INSTRUMENTATION INSTRUMENT TECH CORP. 15060 BELTWOOD PKWY. E. DALLAS TX 75244 (214) 458-8785
INSTRUMENTATION KEANE CONTROLS CORP. 1600 ORANGETHORPE WAY ANAHEIM CA 92801 (714) 526-3341
INSTRUMENTATION PROCESS MEASUREMENTS 9643 INTERLINE AVE. BATON ROUGE LA 70809 (504) 927-9415
INSTRUMENTATION WESTGATE, INC. P.O. BOX 1948 BATON ROUGE LA 70821 (504) 749-2635
INSULATION AC SUPPLY, INC. P.O. BOX 23667 HARAHAN LA 70183 (504) 733-5600
INSULATION ADVANCE PRODUCTS/SYSTEMS P.O. BOX 53096 LAFAYETTE LA 70505
INSULATION EAGLE, INC. P.O. BOX 51568 NEW ORLEANS LA 70151 (504) 522-7781
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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<S> <C> <C> <C> <C> <C>
INSULATION PETRIN CORP. P.O. BOX 330 PORT ALLEN LA 70767-0330 (504) 343-0471
INSULATION QUALITY MARINE & INDUSTRL 2827 ANDREW STREET PASCAGOULA MS 39567 (601) 769-5075
INSULATION R-SQUARE INVESTMENTS 1980 RAFE MEYER ROAD BATON ROUGE LA 70807
INSULATION REILLY-BENTON CO., INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504) 586-1171
INSULATION THORPE PRODUCTS, INC. P.O. BOX 369 GONZALES LA 70707 (800) 423-7922
INSULATION WENCO PARTS & SUPPLY CO. 5817 CITRUS BLVD., STE J HARAHAN LA 70123 (504) 734-9045
JANITORIAL PRODUCTS ECO-SAFE INTL., INC. P.O. BOX 86115 BATON ROUGE LA 70879-6115 (504) 272-4876
JANITORIAL SERVICE EARLINE'S JANITORIAL SERV. 8731 LOMOND ROAD NEW ORLEANS LA 70127-1537 (504) 244-8946
JANITORIAL SERVICES IMPERIAL SERVICES OF N.O. #2 CANAL ST., STE 346 NEW ORLEANS LA 70130 (504) 523-0551
JANITORIAL SERVICES J. S. JANITORIAL SERVS. 3226 DEERS STREET NEW ORLEANS LA 70122 (504) 949-0130
JANITORIAL SUPPLIES CRESCENT PAPER COMPANY 2900 WINSTON STREET NEW ORLEANS LA 70131 (504) 394-9798
JANITORIAL SUPPLIES NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
JOINER WORK AMERICAN JOINER CONTRS. P.O. BOX 10540 NEW ORLEANS LA 70181 (504) 738-1527
JOINER WORK GENERAL MARINE INDUSTRIES 5883 STATE HWY 303 N.E. BREMERTON WA 98310
JOINER WORK JAMESTOWN METAL MARINE 4710 N.W. 2ND, STE 400 BOCA RATON FL 33431 (407) 994-3900
JOINER WORK SUPERIOR MARINE PRODUCTS 15-32 127TH STREET COLLEGE POINT NY 11356
JOINTS, EXPANSION ATLANTIC JOHNSON, INC. P.O. BOX 2595 WATERBURY CT 06723-2595
JOINTS, EXPANSION C. V. HAROLD RUBBER CO. P.O. BOX 13688 NEW ORLEANS LA 70185 (504) 821-5944
JOINTS, EXPANSION DAVID FRIED & ASSOCIATES P.O. BOX 24726 NEW ORLEANS LA 70184 (504) 822-5600
JOINTS, EXPANSION FABACHER, INC. P.O. BOX 899 HARVEY LA 70059 (504) 362-5901
JOINTS, EXPANSION FLEXIBLE METAL HOSE MFG. 345 FISHER AVENUE COSTA MESA CA 92626 (714) 751-1000
JOINTS, EXPANSION GULF BELTING & GASKET CO. P.O. BOX 51869 NEW ORLEANS LA 70151 (504) 522-9613
JOINTS, EXPANSION GULF STATES ENGINEERING P.O. BOX 26156 NEW ORLEANS LA 70186 (504) 241-8510
JOINTS, EXPANSION HYSPAN PRECISION PRODUCTS 1685 BRANDYWINE AVENUE CHULA VISTA CA 92011
JOINTS, EXPANSION MERCER RUBBER COMPANY 115 WALNUT STREET PHILADELPHIA PA 19106 (215) 425-6700
JOINTS, EXPANSION RIVER RUBBER & BELTING P.O. BOX 23624 HARAHAN LA 70183 (504) 733-8843
JOINTS, EXPANSION STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
JOINTS, EXPANSION TRIPLEX, INC. P.O. BOX 23605 HARAHAN LA 70183 (504) 733-8042
JOINTS, EXPANSION UNAFLEX RUBBER CORP. 2056 N. DIXIE HIGHWAY FT. LAUDERDALE FL 33305 (800) 327-1286
KNOBS, AEROSPACE AEROSPACE KNOB CO. 14395 RAMONA AVENUE CHINO CA 91710
LABEL PLATES ADHESA PLATE MFG. P.O. BOX 84723 SEATTLE WA 98124
LABEL PLATES MILLER DIAL CORP. 4400 N. TEMPLE CITY BLVD. EL MONTE CA 91731 (818) 444-4555
LABEL PLATES PRECISION ARTS & GRAPHICS 809 FINCASTLE COURT VIRGINIA BEACH VA 23456-3322 (804) 430-4449
PAGE -16-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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LABEL PLATES, ENGRAVING MERL'S ENGRAVING 750 VICE ROAD HOUMA LA 70363
LADDERS COAST MARINE & INDUSTRIAL 390 JEFFERSON STREET SAN FRANCISCO CA 94133 (415) 673-1927
LADDERS GOSSETT'S, INC. 310 STEVENS STREET PICAYUNE MS 39466
LADDERS & STAIRS ST. PIERRE'S FABRICATION P.O. BOX 639 DESTREHAN LA 70047 (504) 652-1180
LAMPS, INCANDESCENT LAMPTRONIX CO., LTD. 81 NORTH WILLIAMS ST. CRYSTAL LAKE IL 60014 (815) 455-0400
LANDSCAPING EQUIPMENT APPEL TRACTORS, INC. 8640 PERKINS ROAD BATON ROUGE LA 70810 (504) 766-5296
LEAD CASTINGS SOLIDIFORM, INC. P.O. BOX 7656 FT. WORTH TX 76111 (817) 831-2626
LEGAL SERVICES HAVARD & ASSOCIATES P.O. BOX 22584 HOUSTON TX 77227 (713) 650-1400
LIGHT FIXTURES COMSACO MARINE SUFFOLK COUNTY AIRPORT W.HAMPTON BEACH NY 11978
LIGHT FIXTURES HARDWARE SPECIALTY CO. 48-75 36TH STREET LONG ISLAND CITY NY 11101 (718) 361-9393
LIGHT FIXTURES L. ROWE COMPANY 66 HOLTON STREET WOBURN MA 01801
LIGHT FIXTURES LAMPTRONIX COMPANY, LTD. 81 N. WILLIAMS STREET CRYSTAL LAKE IL 60014-4443
LIGHT FIXTURES MURRAY BENJAMIN CO., INC. 174 VANDERBILT AVENUE BROOKLYN NY 11205 (718) 596-2100
LIGHT FIXTURES RADIANT ILLUMINATION 7121 CASE AVENUE N. HOLLYWOOD CA 91605
LIGHT FIXTURES ROFLAN MANUFACTURING CO. P.O. BOX 913 NEWBURYPORT MA 01950-5613
LIGHT FIXTURES SEACOAST ELECTRIC 1505 OLIVER STREET HOUSTON TX 77007 (713) 868-3636
LIGHT FIXTURES U.S. PIONEER P.O. BOX 472065 TULSA OK 74147 (918) 663-0122
LIGHT FIXTURES WILLIAMS & WATTS 2 MADISON ROAD FAIRFIELD NJ 07006 (508) 588-5434
LIGHTS, SEARCH CARLISLE & FINCH COMPANY 4562-T.W. MITCHELLA AVE. CINCINNATI OH 45232 (513) 681-6080
LOCKERS/ENCLOSURES GLENNAIRE, INC. P.O. BOX 2034 GRETNA LA 70054 (504) 392-9552
LOCKS LOCKMASTERS, INC. 5085 DANVILLE ROAD NICHOLASVILLE KY 40356 (606) 885-6041
LOGISTICS SERVICES RFP, INC. P.O. BOX 655 SAFETY HARBOR FL 34695
LOGISTICS SUPPORT ELS, INC. 5201 LEESBURG PIKE FALLS CHURCH VA 22041 (703) 284-7600
LUBRICANTS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
LUBRICANTS J. MANOCO, INC. P.O. BOX 74007 BATON ROUGE LA 70874 (504) 359-6703
LUBRICANTS POWER DYNAMICS P.O. BOX 992 HARVEY LA 70059 (504) 361-0421
LUBRICANTS STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
LUMBER PRODUCTS BARNES FOREST PRODUCTS, INC. P.O. BOX 23547 JACKSON MS 39225-3547 (601) 939-2374
LUMBER/MILLWORK RIVERSIDE LUMBER COMPANY 5451 MORRISON ROAD NEW ORLEANS LA 70126 (504) 242-6624
MACHINE COMPONENTS NORBERT INDUSTRIES, INC. 38111 COMMERCE DRIVE STERLING HEIGHTS MI 48312 (312) 977-9200
MACHINE FABRICATION AL'S MACHINE SHOP, INC. 306 MAVIS IRVING TX 75061 (214) 438-2373
MACHINE TOOLS IMPERIAL MACHINE & TOOL 405 KIRBY GARLAND TX 75042 (214) 494-5956
MACHINE TOOLS SULLIVAN TOOL & MFG. 607 E. HWY. 67 DUNCANVILLE TX 75137
PAGE -17-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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MACHINE WORK, GENERAL GORDON MACHINE WORKS 6337 JERSEY GOLD ROAD KEITHVILLE LA 71047 (504) 925-9534
MACHINED CASTINGS SECURITY SIGNALS, INC. P.O. BOX 910 CORDOVA TN 36018 (901) 754-7228
MACHINING BURRCO MACHINE WORKS 2156 MASON STREET ALEXANDRIA LA 71301-6108 (318) 442-1009
MACHINING DAVE WHITAKER & SONS 345 HIGHWAY 465 SIEPER LA 71472 (318) 793-2765
MACHINING GULF SOUTH MACHINE P.O. BOX 268 PONCHATOULA LA 70454-0268 (504) 386-9401
MACHINING HI-ALLOY PRODUCTS, INC. P.O. BOX 8571 HOUSTON TX 77249 (713) 869-8181
MACHINING J. F. FREDERICKS TOOL CO. 25 SPRINGS LANE FARMINGTON CT 06032
MACHINING R & J MACHINING 105 MAPLE CIRCLE SLIDELL LA 70458
MACHINING SCOLARO TOOL COMPANY P.O. BOX 95 BRISTOL RI 02809
MACHINING STANLEY MACHINING & TOOL 425 MAPLE AVENUE CARPENTERSVILLE IL 60110 (708) 426-4560
MACHINING SULLIVAN TOOL & MFG. 607 E. HWY. 67 DUNCANVILLE TX 75137
MACHINING VIERECK COMPANY 10220 OLD COLUMBIA ROAD COLUMBIA MD 21046-1716 (301) 621-8343
MACHINING & BOLTING REFLANGE GULF COAST 11616 INDUSTRIALPLEX HOUSTON TX 77092 (713) 682-5105
MACHINING & FABRICATION DIXIE MACHINE-WELDING 1031 ANNUNCIATION ST. NEW ORLEANS LA 70130 (504) 581-3088
MACHINING & FABRICATION MODERN ENGINEERING, INC. P.O. BOX 717 ABBEYVILLE LA 70510 (318) 893-0591
MACHINING & FABRICATION VIRGINIA MACHINE & SUPPLY 824 39TH STREET NEWPORT NEWS VA 23607 (804) 380-8500
MACHINING & MILLING L. M. GILL WELDING P.O. BOX 185 BUCKLAND MANCHESTER CO 06040
MACHINING & MILLING VIC MACHINE COMPANY 32 MECHANIC AVENUE WOONSOCKET RI 02895
MACHINING TOOLS MDC INDUSTRIES, INC. COLLINS & WILLARD STS. PHILADELPHIA PA 19134 (215) 426-5925
MAILING SERVICES OMEGA MAILING SYSTEMS 1328 PECAN AVENUE METAIRIE LA 70001 (504) 454-2409
MARKETING SOUTHWEST MARKETING 2040 SPRING CREEK PKWY.#141 PLANO TX 95023 (214) 326-5029
MATERIAL HANDLING EQUIP. BOYD MANUFACTURING, INC. 4701 GUASTI ROAD ONTARIO CA 91761 (909) 391-9400
MATERIAL HANDLING EQUIP. J.R. EQUIPMENT CORP. P.O. BOX 10622 JEFFERSON LA 70181 (504) 835-5451
MATERIAL HANDLING EQUIP. NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
MATTRESSES HERNANDEZ MATTRESS, INC. 2324 PORT STREET NEW ORLEANS LA 70117 (504) 944-5571
MEDICAL & SURGICAL SUPPLIES CLINIPAD CORPORATION 66 HIGH STREET GUILFORD CT 06437 (203) 453-6543
MEDICAL EQUIPMENT ALEXANDER-SEVIN, INC. 7830 TOWNSEND PLACE NEW ORLEANS LA 70126 (504) 246-9900
MEDICAL EQUIPMENT BAYOU MEDICAL & TEXTILES 407 S. TYLER STREET COVINGTON LA 70433
MEDICAL EQUIPMENT C & C WELDERS SUPPLY CO. P.O. BOX 23 SLIDELL LA 70459
MEDICAL EQUIPMENT MEDICAL EQUIPMENT COMPANY 1532 RIVER OAKS HARAHAN LA 70123 (504) 733-6071
MEDICAL EQUIPMENT NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
MEDICAL EQUIPMENT OWENS & MINOR, INC. 700 ELMWOOD PARK BLVD. HARAHAN LA 70123 (504) 733-3622
MEDICAL EQUIPMENT/SUPPLIES PHYSIO-CONTROL CORP. P.O. BOX 97006 REDMOND WA 98073-9706 (206) 867-4542
(SMBUS-C) PAGE -18-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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METAL FABRICATION GENERAL KINETICS, INC. 11205 SATELLITE BLVD. ORLANDO FL 32837 (407) 859-2040
METAL MANUFACTURING ALL-PHASE MANUFACTURING 3619 MONTESQUICU STREET CHALMETTE LA 70043 (504) 271-4678
METALS, NON-FERROUS ALLOYS & COMPONENTS, S.W. 2330 QUINCY STREET DALLAS TX 75212 (214) 637-9301
METALS, NON-FERROUS RIVER PARISHES METALS 100 WEST FIFTH STREET LA PLACE LA 70068 (504) 651-4058
METALS, NON-FERROUS ST. PIERRE'S FABRICATION P.O. BOX 639 DESTREHAN LA 70047 (504) 652-1180
MICROFILM/MICROFICHE SOUTHERN MICROFILM CORP. P.O. BOX 7908 METAIRIE LA 70010 (504) 834-0701
MICROWAVE COMPONENTS BUMSTEAD MANUFACTURING 1091 ANDOVER PARK E. TUKWILA WA 98188
MICROWAVE COMPONENTS P & H LABORATORIES 4496 RUNWAY SIMI VALLEY CA 93062
MILL SUPPLY BARTOLO HDWE & SUPPLY 1020 MACARTHUR AVENUE HARVEY LA 70058 (504) 340-1771
MILL SUPPLY BRIGGS-WEAVER 221 RESEARCH DRIVE JEFFERSON LA 70123 (504) 733-5640
MILL SUPPLY MARINE SERVICE & SUPPLY 528 DESTREHAN AVENUE HARVEY LA 70058 (504) 340-8601
MILLING MAILLY ENGINEERING 86 NEWBURYPORT TURNPIKE NEWBURY MA 01950
MILLWORK/LUMBER RIVERSIDE LUMBER COMPANY 5451 MORRISON ROAD NEW ORLEANS LA 70126 (504) 242-6624
MODELS BOUCHER-LEWIS PRECISION 5201 EDEN CIRCLE EDINA MN 55436
MODELS DESIGN MODEL, INC. 10300 GLASGOW PLACE LOS ANGELES CA 90045
MODELS DIBOLL SCALE MODELS 2624 ST. PHILLIPS STREET NEW ORLEANS LA 70119 (504) 821-4721
MODELS U.S. MODELS SOUTHWEST 5250 GULFTON, BLDG 1A HOUSTON TX 77081
MODELS UNIVERSAL SERVICES ASSOC. 500 ELLIS AVENUE COLWYN PA 19023
MOTOR GENERATOR SETS MARINE ELECTRIC SYSTEMS P.O. BOX 1135 CLIFTON NJ 07014-1135 (201) 471-6800
MOTORS, ELECTRIC G & M ELECTRIC SALES 419 N. CLAIBORNE AVE. NEW ORLEANS LA 70112 (504) 586-8100
MOTORS, ELECTRIC POLYSPEDE INDUSTRIAL DIV 6770 TWIN HILLS DALLAS TX 75231 (214) 363-7245
NAVIGATION EQUIPMENT BAKER, LYMAN & COMPANY P.O. BOX 838 METAIRIE LA 70004 (504) 831-3685
NAVIGATION EQUIPMENT CONTROL GENERAL CORP. 252 MAGNOLIA AVENUE HOUMA LA 70630 (504) 872-9002
NAVIGATION EQUIPMENT CREOLE ENGINEERING SALES P.O. BOX 23159 HARAHAN LA 70183 (504) 733-0176
NAVIGATION EQUIPMENT YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504) 581-6292
NETS, SAFETY BREEZE-EASTERN CORP. 700 LIBERTY AVENUE UNION NJ 07083 (201) 686-4000
NETS, SAFETY LINE FAST CORPORATION 805 GRUNDY AVENUE HOLBROOK NY 11741
NETS, SAFETY PECK & HALE 180 DIVISION AVENUE W. SAYVILLE, LI NY 11796
NIGHT VISION EQUIPMENT S-TRON P.O. BOX 604 BELMONT CA 94002-0604
NOISE/SHOCK/VIBRATION CASDE CORPORATION 2800 SHIRLINGTON/STE 600 ARLINGTON VA 22206 (703) 845-9221
NOZZLES, FOG WATER GULF BELTING & GASKET CO. P.O. BOX 51869 NEW ORLEANS LA 70151 (504) 522-9613
OFFICE EQUIPMENT/SUPPLIES LASERCHARGER ENTERPRISES 4501 RATLIFF LANE ADDISON TX 75248 (214) 250-0539
OFFICE FURNISHINGS BAUER INTERIORS, INC. 914 JENA STREET NEW ORLEANS LA 70115 (504) 895-8604
PAGE -19-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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OFFICE FURNITURE LASERCHARGER ENTERPRISES 4501 RATLIFF LANE ADDISON TX 75248 (214) 250-0539
OFFICE MACHINES BELL OFFICE MACHINES 706 PAPWORTH AVENUE METAIRIE LA 70005 (504) 833-1865
OFFICE MACHINES MODERN BUSINESS MACHINES 4609 FAIRFIELD STREET METAIRIE LA 70006 (504) 885-5961
OFFICE MACHINES NATIONAL MARKETING CORP. 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4401
OFFICE SUPPLIES A-Z OFFICE SUPPLY 5606 JEFFERSON HWY. HARAHAN LA 70123 (504) 733-3290
OFFICE SUPPLIES ADVANCE PAPER COMPANY P.O. BOX 52976 NEW ORLEANS LA 70152 (504) 943-5591
OFFICE SUPPLIES ASSOCIATED OFFICE SUPPLY 210 NARCISSUS STREET METAIRIE LA 70005 (504) 837-1448
OFFICE SUPPLIES BURAS-HANCOCK, INC. 1029 HARIMAN COURT, WEST METAIRIE LA 70001 (504) 837-1831
OFFICE SUPPLIES CALLAIS OFFICE FURN/SUPPLY 1634 W. MAIN STREET CUT OFF LA 70345
OFFICE SUPPLIES CRESCENT BUSINESS MACHINES 1605 AIRLINE HIGHWAY METAIRIE LA 70001 (504) 831-3751
OFFICE SUPPLIES FORMS CONTROL COMPANY P.O. BOX 4177 NEW ORLEANS LA 70178-4177 (504) 866-9671
OFFICE SUPPLIES SLS ARTS, INC. 5524 MOUNES STREET NEW ORLEANS LA 70123 (504) 733-1104
OIL, LUBRICATING INTERNATIONAL OIL COMPANY 995 WEST AIRLINE HWY. ST. ROSE LA 70087
OPTICAL COMPONENTS TYROLIT COMPANY, INC. 367 ROUTE 109 WEST BABYLON NY 11704 (516) 422-2000
PACKAGING MATERIAL NEW YORK PLASTICS CORP. 135 FULTON AVENUE GARDEN CITY PRK NY 11040 (516) 746-0600
PAINT AACCO 5200 N. 126TH BUTLER WI 53007 (414) 781-7160
PAINT & EQUIPMENT CREATIVE COATINGS, INC. 428 N. LONGVIEW STREET KILGORE TX 75662 (903) 984-8454
PAINT (SPRAY) EQUIPMENT ECLIPSE SYSTEMS, INC. 12 CORK HILL ROAD FRANKLIN NJ 07416-9753 (201) 962-7878
PALLETS & LIFTS KLINGE CORPORATION P.O. BOX 3608 YORK PA 17402 (717) 840-4500
PANELS, CONTROL AIR BAILEY ENTERPRISES 7822 WILLOW STREET NEW ORLEANS LA 70118-4056 (504) 861-2320
PANELS, ELECTRICAL ELECTRO MARINE INDUSTRIES P.O. BOX 2428 SUMPTER SC 29151
PANELS, ELECTRICAL FABRICATION DYNAMICS 2102 W. SKELLY DRIVE TULSA OK 74107 (918) 446-1638
PANELS, ELECTRICAL GUARDIAN BUSINESS CONSULTS 5840 S. MEMORIAL/STE 3001 TULSA OK 74145
PANELS, ELECTRICAL M & I INDUSTRIES SUPPLY P.O. DRAWER 1792 BEAUMONT TX 77704
PANELS, ELECTRICAL NMP CORPORATION P.O. BOX 35493 TULSA OK 74153 (918) 252-0481
PANELS, ELECTRICAL POINT EIGHT POWER, INC. 1510 ENGINEERS ROAD BELLE CHASSE LA 70037 (504) 394-6100
PANELS, ELECTRICAL U.S. PIONEER P.O. BOX 472065 TULSA OK 74147 (918) 663-0122
PANELS, ELECTRICAL WING CORPORATION 215 HIGHLAND DRIVE WESTMONT NJ 08108 (609) 854-2225
PANELS, ELECTRICAL YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504) 581-6292
PAPER PRODUCTS CRESCENT PAPER COMPANY 2900 WINSTON STREET NEW ORLEANS LA 70131 (504) 394-9798
PAPER SUPPLIES ADVANCE PAPER COMPANY P.O. BOX 52976 NEW ORLEANS LA 70131 (504) 943-5591
PAPER SUPPLIES REAGAN TEXTILES, INC. P.O. BOX 51913 LAFAYETTE LA 70505
PERSONNEL INVESTIGATION BUSINESS INVESTIGATIONS P.O. BOX 6998 METAIRIE LA 70009 (504) 830-4759
PAGE -20-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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PERSONNEL, TEMPORARY SUNBELT PRO/TECH SERVS. P.O. BOX 448 MT. VERNON MO 65712 (417) 466-7877
PIPE & FITTINGS A & B BOLT AND SUPPLY, INC. P.O. BOX 51912 LAFAYETTE LA 70505 (318) 234-7317
PIPE & FITTINGS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
PIPE & FITTINGS DIXIE MILL SUPPLY CO. P.O. BOX 52005 NEW ORLEANS LA 70152 (504) 525-6101
PIPE & FITTINGS EMPIRE VALVE & FITTING 15TH ST. & WINDRIM AVE. PHILADELPHIA PA 19141 (215) 457-5000
PIPE & FITTINGS J. D. MOTT, INC. 42 7TH AVENUE, S.W. CEDAR RAPIDS IA 52406
PIPE & FITTINGS JANLO, INC. P.O. BOX 6073 BOSSIER CITY LA 71111
PIPE & FITTINGS MGG PIPE & SUPPLY CO. P.O. BOX 740926 NEW ORLEANS LA 70174 (504) 394-4655
PIPE & FITTINGS MINDECO CORPORATION P.O. BOX 310 OCEANSIDE NY 11572 (800) 645-2244
PIPE & FITTINGS W & O SUPPLY, INC. 1406 DEALERS AVENUE HARAHAN LA 70123 (504) 733-4277
PIPE & TUBING ALASKAN COPPER WORKS P.O. BOX 3546 SEATTLE WA 96124 (206) 623-5800
PIPE & TUBING BBL COMPANY P.O. BOX 310 KULPSVILLE PA 19443 (800) 523-2284
PIPE & TUBING BISHOP TUBE COMPANY ROUTE 308 MAIN ROAD FRAZER PA 19355
PIPE & TUBING CALLIER STEEL PIPE & TUBE P.O. BOX 14736 ST. LOUIS MO 63178 (800) 325-8108
PIPE & TUBING CP INDUSTRIES 2214 WALNUT STREET MCKEESPORT PA 15132
PIPE & TUBING CUNICO CORPORATION P.O. BOX 306 WILMINGTON CA 90748-0306 (213) 830-5910
PIPE & TUBING DAMASCUS TUBULAR PRODUCTS P.O. BOX 71 GREENVILLE PA 16125
PIPE & TUBING DIXIE PIPE SALES, INC. P.O. BOX 540207 HOUSTON TX 77254-0207
PIPE & TUBING GREENVILLE TUBE CORP. TUBE LANE GREENVILLE PA 16125
PIPE & TUBING GULF SUPPLY CO., INC. P.O. BOX 550 HARVEY LA 70059 (504) 367-9150
PIPE & TUBING INDUSTRIAL METALS OF SOUTH P.O. BOX 10507 JEFFERSON LA 70181 (504) 586-9191
PIPE & TUBING PIPING & EQUIPMENT, INC. P.O. BOX 15743 BATON ROUGE LA 70895 (504) 275-6560
PIPE & TUBING PLYMOUTH TUBE COMPANY P.O. BOX 11 WINFIELD IL 60190
PIPE & TUBING PRODUCTION SUPPLY COMPANY 4342 MICHOUD BLVD. NEW ORLEANS LA 70129 (504) 254-0505
PIPE & TUBING STAINLESS PIPING MATERIAL P.O. BOX 52804 BATON ROUGE LA 70805 (504) 344-5216
PIPE & TUBING STANDARD SUPPLY & HDWE P.O. BOX 60620 NEW ORLEANS LA 70160 (504) 586-8400
PIPE & TUBING STATE PRODUCTION CO. 535 W. GERMANTOWN PIKE NORRISTOWN PA 19403
PIPE & TUBING TEXAS PIPE & SUPPLY CO. P.O. BOX 2205 MORGAN CITY LA 70381
PIPE & TUBING TRINITY PIPE & FITTINGS P.O. BOX 6937 METAIRIE LA 70009-6937 (504) 455-0333
PIPE & TUBING TUBULAR STEEL, INC. P.O. BOX 27370 ST. LOUIS MO 63141
PIPE & TUBING VINSON SUPPLY CO. P.O. BOX 164 HARVEY LA 70059 (504) 340-1301
PIPE, STAINLESS STEEL GRAND STEEL CORP. OF AM. P.O. BOX 1185 SHREVEPORT LA 71163
PIPE, STAINLESS STEEL R. J. GALLAGHER COMPANY P.O. BOX 23236 HARAHAN LA 70183 (504) 733-8520
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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<S> <C> <C> <C> <C> <C>
PIPING FLEX-HOSE COMPANY, INC. 6801 CROSSBOW DRIVE EAST SYRACUSE NY 13057-1026 (315) 437-1611
PIPING JOSS, INC. 5711 LODGE CREEK DRIVE HOUSTON TX 77066
PLANTS/TREES/SHRUBS HORTICULTURE, INC. 23180 CLELAND ROAD COVINGTON LA 70433 (504) 892-5132
PLASTIC AMERICAN PLASTICS 43234 BUSINESS PARK, STE D-4 TEMECULA CA 92591
PLASTIC INJECTION MOLDING HOOSIER PRIDE PLASTICS 2403 WEST SHOAFF ROAD HUNTERTOWN IN 46748-9793 (219) 637-5124
PLASTIC PRODUCTS PLASTIC SUPPLY & FABRCN. P.O. BOX 4281 NEW ORLEANS LA 70178 (504) 943-3377
PLATE, COPPER INDUSTRIAL METALS OF SOUTH P.O. BOX 10507 JEFFERSON LA 70181 (504) 586-9191
PLATE, STAINLESS STEEL INDUSTRIAL METALS OF SOUTH P.O. BOX 10507 JEFFERSON LA 70181 (504) 586-9191
PLATES, ORIFICE/STRAINER ALLESCO CORPORATION P.O. BOX 40130 HOUSTON TX 77240-0130 (713) 771-0115
PLUMBING & PIPING METRO NORTH PLUMBING P.O. BOX 111216 CARROLLTON TX 75011-1216 (214) 247-3595
PLUMBING FIXTURES CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121
PLUMBING FIXTURES SOUTHLAND PLUMBING & SPLY 2321 S. ARNOULT ROAD METAIRIE LA 70001 (504) 835-8411
POWER DISTRIBUTION UNITS INTL. POWER MACHINES 2975 MILLER PARK N. GARLAND TX 75042 (214) 272-8000
POWER SUPPLIES MARINE ELECTRIC SYSTEMS P.O. BOX 1135 CLIFTON NJ 07014-1135 (201) 471-6800
PRINTERS/PLOTTERS JAPAN DIGITAL LABORATORY 4770 CALLE QUETZAL CAMARILLO CA 93012 (800) 486-8709
PRINTING FERDIE'S PRINTING SERVICE 2045 WOODMERE, STE 13-14 HARVEY LA 70058 (504) 341-6388
PRINTING SMALL ORDER PRINTING 125 WILSON LANE HOUMA LA 70363 (504) 563-4178
PRINTING & PHOTOGRAPHY TLW PRODUCTIONS 3933 TALL PINES DRIVE NEW ORLEANS LA 70131 (504) 394-4244
PRINTING, ELECTRONIC COMPLEX PRINTING 3312 E. PIONEER PKWY. ARLINGTON TX 76010 (817) 640-1974
PRINTING, OFFSET B.E.V. REPROGRAPHICS 3635 RIDGELAKE DRIVE METAIRIE LA 70002 (504) 831-4000
PRINTING/FORMS/DISCS/ETC BEARD BUSINESS SERVICES 3602 WESTWAY DRIVE TYLER TX 75703 (800) 256-7815
PROMOTIONAL PRODUCTS DIXIE MARKETING GROUP 510 LAFAYETTE STREET GRETNA LA 70053 (504) 361-3453
PROPOSAL SERVICES RFP, INC. P.O. BOX 655 SAFETY HARBOR FL 34695
PUBLIC ADDRESS SYSTEMS THE SOUND SOURCE P.O. BOX 9593 METAIRIE LA 70055 (504) 888-9771
PUBLIC ADDRESS/INTERCOMS DYNALEC ELECTRONICS SYS. P.O. BOX 188 SODUS NY 14551
PUMP PARTS ROC CARBON COMPANY P.O. BOX 19396 HOUSTON TX 77224-9396 (713) 468-7744
PUMPS CARVER PUMP COMPANY P.O. BOX 389 MUSCATINE IA 52761 (319) 263-4565
PUMPS DEVLIN & ALPAUGH, INC. 5517 POWELL STREET NEW ORLEANS LA 70123 (504) 734-0400
PUMPS DOUGLAS AIR COMPRESSORS P.O. BOX 1054 DOUGLAS GA 31533-1054
PUMPS INDUSTRIAL PUMP SALES 2814 ENGINEERS ROAD BELLE CHASSE LA 70037 (504) 393-7016
PUMPS KIRKWOOD COMPANY 2705 INDEPENDENCE ST. METAIRIE LA 70006
PUMPS PO-BOYS ENTERPRISES, INC. P.O. BOX 111 WESTWEGO LA 70094 (504) 436-7569
PUMPS PRO PUMP 201 N. WILSON STREET METAIRIE LA 70003 (504) 738-3564
PAGE -22-
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<PAGE>
AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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<S> <C> <C> <C> <C> <C>
PUMPS PUMP SYSTEMS P.O. BOX 1252 METAIRIE LA 70004 (504) 733-0670
PUMPS SEPCO INDUSTRIES P.O. BOX 10497 METAIRIE LA 70180-0497 (504) 733-7100
PUMPS, HYDRAULIC HYDRAULIC SPECIALISTS 12100 N. SANTA FE OKLAHOMA CITY OK 73114 (800) 654-9408
PUMPS, MOTOR (SUBMERGED) PINION ASSOCIATES 11211 KATY FRWY., #380 HOUSTON TX 77079-2106 (713) 932-7611
PUMPS, WATER FEED AMERICAN WATER TECHNOLGTS. P.O. BOX 73225 METAIRIE LA 70033 (504) 455-4330
PUMPS, WATER METERING AMERICAN WATER TECHNOLGTS. P.O. BOX 73225 METAIRIE LA 70033 (504) 455-4330
PURIFIERS GULF ENGINEERING P.O. BOX 10651 JEFFERSON LA 70181-0651 (504) 733-6870
PURIFIERS MARINE ENGINEERING, INC. P.O. BOX 309 BELLE CHASSE LA 70037 (504) 394-6500
PYROTECHNIC EQUIPMENT SECURITY SIGNALS, INC. P.O. BOX 910 CORDOVA TN 38018 (901) 754-7228
Q.A. TESTING/INSPECTION PACIFIC TESTING LABS. 3257 16TH AVENUE WEST SEATTLE WA 98119 (206) 282-0666
R.A.S EQUIPMENT HYDROSEARCH COMPANY, INC. 120 ADMIRAL COCHRANE DR. ANAPOLIS MD 21401-7399
RAILS, CLIMBER'S SAFETY ANTENNA PRODUCTS CORP. 101 S.E. 25TH AVE. MINERAL WELLS TX 76067 (817) 325-3301
RAILS, DECK BREEZE-EASTERN CORP. 700 LIBERTY AVENUE UNION NJ 07083 (201) 686-4000
RAILS, DECK LINE FAST CORPORATION 805 GRUNDY AVENUE HOLBROOK NY 11741
RAILS, DECK PECK & HALE 180 DIVISION AVENUE W. SAYVILLE, LI NY 11796
REELS, HYDRAULIC HOSE A B MANUFACTURING, INC. 732 15TH STREET GRETNA LA 70053-6424 (504) 367-7449
REFRIGERATION BOSTON SUPERMARKET/BAKRY 1470 S. ANAHEIM, STE. G ANAHEIM CA 92805
RENTAL EQUIPMENT J-R EQUIPMENT P.O. BOX 10622 JEFFERSON LA 70181 (504) 835-5451
REPRODUCTION SERVICES B.E.V. REPROGRAPHICS 3635 RIDGELAKE DRIVE METAIRIE LA 70002 (504) 831-4000
RESCUE DEVICES CHAMPAGNE RESDNCE ELEVS. 101 PASADENA AVE. STE A METAIRIE LA 70001 (504) 837-1670
RESISTORS CADDOCK ELECTRONICS, INC. 3005 NE DIAMOND LAKE BLVD. ROSEBURG OR 97470
RINGS, BRASS & ALUMINUM MARMIC INDUSTRIES, INC. 834 WHITMAN SCHOOL ROAD TURNERSVILLE NJ 08012
RUDDER STOCK BRGS/STAVES F.F. TRANCHINA CO., INC. 1011 MAGAZINE STREET NEW ORLEANS LA 70130 (504) 522-5148
RUDDER STOCK BRGS/STAVES LUCIAN Q. MOFFIT COMPANY P.O. BOX 1415 AKRON OH 44309
SAFETY EQUIPMENT AMERICAN LABELMARK CO. 5724 N. PULASKI RD. CHICAGO IL 60646-6979 (312) 478-0900
SAFETY EQUIPMENT CONSOLIDATED INDS. SUPPLY P.O. BOX 77812 BATON ROUGE LA 70879-7812 (504) 755-7016
SAFETY GLASSES SAFETY OPTICAL 2110 CONGRESS PARKWAY ATHENS TN 37303 (615) 745-9420
SAFETY SHOES SHOES BY SHOEZ 6923 B. NORTH 9TH AVE. PENSACOLA FL 32504 (904) 474-1491
SAFETY SUPPLIES ABC MANUFACTURING BOX 578 RALIEGH MS 39153 (800) 647-7065
SAFETY SUPPLIES PLASCO SAFETY PRODUCTS 1919 COMMERCE ROAD SPRINGFIELD OH 45504 (513) 325-1001
SAFETY SUPPLIES SOTEC 5845 RIVER ROAD NEW ORLEANS LA 70123 (504) 733-3337
SAFETY SYSTEMS/EQUIPMENT DELTA SAFETY SYSTEMS 3924 DELERY DRIVE MARRERO LA 70072 (504) 340-0194
SAFETY TRAINING SPINE EDUCATION CENTER 6161 HARRY HINES BLVD. DALLAS TX 75235 (214) 631-3599
PAGE -23-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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<S> <C> <C> <C> <C> <C>
SEALANTS CHEMRICH, INC. 1100 VICTORY DRIVE WESTWEGO LA 70094-5447 (504) 347-1514
SEALS & PACKING SEALING SYSTEMS, INC. 4404 HIGHWAY 445 ROBERT LA 70455 (504) 542-8921
SEALS, OIL BEARING CHAIN & SUPPLY 3500 S. RICHEY, STE 170 HOUSTON TX 77017 (800) 448-2358
SEALS, STERN TUBE CRANE PACKING COMPANY 6400 OAKTON STREET MORTON GROVE IL 60053 (312) 967-2400
SECURITY EQUIPMENT ADVANCED ENTRY SYSTEMS P.O. BOX 870067 DALLAS TX 75287 (214) 991-0926
SECURITY SYSTEMS SPARTON TECHNOLOGY, INC. 9621 COORS ROAD ALBUQUERQUE NM 87114 (505) 892-5300
SECURITY UNIFORMS PERRET'S ARMY/OUTDOOR 2532 WILLIAMS BLVD. KWNNER LA 70062 (504) 466-2532
SEWAGE REMOVAL NMC ENVIRONMENTAL 536 ESPLANADE ST. LA PLACE LA 70068 (504) 651-4410
SEWAGE SYSTEM ENVIRONVAC, INC. 1260 TURRET DRIVE ROCKFORD IL 61115-1486 (815) 654-8300
SHAFTING KAHLENBERG BROS. COMPANY 1700 12TH STREET TWO RIVERS WI 54241
SHEAVES BEARING CHAIN & SUPPLY 3500 S. RICHEY, STE 170 HOUSTON TX 77017 (800) 448-2358
SHELVING & STORAGE ADAPTO STORAGE PRODUCTS P.O. BOX 1660 HIALEAH FL 33011-1660 (800) 327-0745
SHELVING & STORAGE ATLAS EDCO, INC. 916 DAKIN STREET JEFFERSON LA 70121 (504) 837-8800
SHOP TOOLS POLYSPEDE INDUSTRIAL DIV 6770 TWIN HILLS DALLAS TX 75231 (214) 363-7245
SIGNS ABC MANUFACTURING BOX 578 RALEIGH MS 39153 (800) 647-7065
SIGNS TARA BUILDING SPECIALTIES P.O. BOX 1857 HAMMOND LA 70404
SIGNS, SAFETY MERL'S ENGRAVING 750 VICE ROAD HOUMA LA 70363
SIGNS/AD DISPLAYS/I.D.'S DANOS & CUROLE MARINE P.O. BOX 1460 LAROSE LA 70373 (504) 693-3313
SIGNS/PLACARDS/ID'S CARLTON INDUSTRIES, INC. P.O. BOX 280 LaGRANGE TX 78945 (409) 242-5055
SILENCERS, PROPULSION BURGESS INDUSTRIES P.O. BOX 47146 DALLAS TX 75247-0146
SILENCERS, PROPULSION ENVIRONMENTAL ELEMENTS P.O. BOX 1318 BALTIMORE MD 21203
SLEEVES, BOAT LINER RPM, INC. 2301 REAR GREENUP AVE. ASHLAND KY 41101 (606) 325-3939
SLEEVES, CU-NI CUNICO CORPORATION P.O. BOX 306 WILMINGTON CA 90748-0306 (213) 830-5910
SOLVENTS CREATIVE COATINGS, INC. 428 N. LONGVIEW STREET KILGORE TX 75662 (903) 984-8454
SOLVENTS IMPCO, INC. P.O. BOX 310 EDGARD LA 70049 (800) 826-9620
SPARE PARTS KEELING COMPANY P.O. BOX 15310 N. LITTLE ROCK AR 72231-5310 (501) 945-4511
SPARE PARTS FOR NAVY LAND-SEA-AIR MACH. PRODS. P.O. BOX H WINSLOW NJ 08095 (609) 567-0748
STAMPS, RUBBER WESTBANK ENGRAVING 2132 ALAMO AVENUE HARVEY LA 70058 (504) 366-3241
STEEL FABRICATION CARCO, INC. P.O. BOX 1095 GRETNA LA 70054 (504) 340-3117
STEEL FORMING ROUSSEL INDS. FABRICATORS P.O. BOX 421 RESERVE LA 70084 (504) 536-4000
STEEL/ALUMINUM/ALLOYS ADM, INC. 1301 E. PARKERVILLE RD. DESOTO TX 75115 (214) 223-6161
STEERING SYSTEMS CONTROL GENERAL CORP. 252 MAGNOLIA AVENUE HOUMA LA 70630 (504) 872-9002
STRAINERS BREARD-GARDNER, INC. P.O. BOX 1228 KENNER LA 70063 (504) 466-3401
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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STRAINERS CLOW CORPORATION 1375 MAGNOLIA AVENUE CARONA CA 91720
PAGE -25-
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<PAGE>
[AVONDALE LOGO APPEARS HERE]
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
C. Subcontracting With Small Disadvantaged Business Concerns
1. Principal Product and Service Areas to be Subcontracted to or
Solicited from Small Disadvantaged Business Concerns
Small Disadvantaged Business concerns have been provided the opportunity to
compete for subcontracts by their inclusion in the solicitation for the cost
proposal for the LPD 17 in the following product and service areas, among
others.
. Piping materials
. Electrical equipment and fittings
. Welding materials
2. Small Disadvantaged Business Concerns Source List
The Small Disadvantaged Business concerns solicited during the pricing for
the proposal for LPD 17 and the solicitation for procurement to follow were
taken from Avondale's records and from PASS, including the listing of FIGURE 2,
after page C-3.
3. Goals For Subcontracting to Small Disadvantaged Business Concerns
Avondale's goals for subcontracting to Small Disadvantaged Business
concerns are as follows, expressed in terms of percentages of total planned
subcontracting dollars.
3.1 Item 0001 - Detail Design and Construction of LPD 17
a. Total dollars to be subcontracted:
$ 383,010,956.00
b. Percentage and dollar goals to be subcontracted to Small
Disadvantaged Business: 5%, $ 19,150,548.00
C - 1
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION
ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
[AVONDALE LOGO APPEARS HERE]
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
3.2 Item 0002 - OPTION - Ship Construction - LPD 18
a. Total dollars to be subcontracted:
$ 230,832,545.00
b. Percentage and dollar goals to be subcontracted to Small
Disadvantaged Business: 5%, $ 11,541,627.00
3.3 Item 0003 - OPTION - Ship Construction - LPD 19
a. Total dollars to be subcontracted:
$ 437,472,248.00
b. Percentage and dollar goals to be subcontracted to Small
Disadvantaged Business: 5%, $ 21,873,612.00
3.4 Item 0004 - LPD Familiarization (Not Separately Priced)
3.5 Item 0005 - Technical Manuals (Not Separately Priced)
3.6 Item 0006AA - LPD 17 Material (Firm Fixed Price Item)
3.7 Item 0006AB - OPTION - LPD 18 Material (Firm Fixed Price Item)
3.8 Item 0006AC - OPTION - LPD 19 Material (Firm Fixed Price Item)
3.9 Item 0007 - Perform Special Studies, Analyses, and Reviews (Cost
Plus Fixed Fee Item)
C - 2
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION
ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
[AVONDALE LOGO APPEARS HERE]
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
3.10 Item 0008 - Perform Engineering and Industrial Services (Firm Fixed
Price Item)
3.11 Item 0009 - OPTION - LPD 17 Class Life Cycle Support Planning -
Post Detail Design and Construction
a. Total dollars to be subcontracted:
$1,723,635.00
b. Percentage and dollar goals to be subcontracted to Small
Disadvantaged Business: 5%, $86,182.00
3.12 Item 0010 - OPTION - Affordability Through Commonality (Firm Fixed
Price Item)
3.13 Item 0011 - Cross Program Procurement (Firm Fixed Price Item)
a. Total dollars to be subcontracted:
$80,000.00
b. Percentage and dollar goals to be subcontracted to Small
Disadvantaged Business: 5%, $4,000.00
3.14 Item 0012 - Data for Items 0001, 0004, 0005, 0006AA, 0007, 0008,
0010, and 0011 (and if Options are exercised, Items 0002, 0003,
0006AB, 0006AC and 0009) (Not Separately Priced)
C - 3
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION
ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
[AVONDALE LOGO APPEARS HERE]
LPD 17 PROPOSAL
Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
FIGURE 2
SMALL DISADVANTAGED BUSINESS
SOURCE LIST
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION
ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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<S> <C> <C> <C> <C> <C>
A/C & REFIGERATION ANIBAL L. ARSUAGA, INC. P.O. BOX 71362 SAN JUAN PR 00936-7326 (809) 754-9494
ABRASIVE PRODUCTS CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
ABRASIVE PRODUCTS TECNI-SISTEMAS, INC. P.O. BOX 73029 METAIRIE LA 70033
ABRASIVES FLORIDA FASTENERS & ELECT. 6604 HARNEY ROAD TAMPA FL 33610-9424 (813) 620-1286
ABRASIVES INDUSTRIAL HDWE & SUPPLY P.O. BOX 3011 OAK RIDGE TN 37830-7017 (615) 482-5522
ABRASIVES L. DEWITT MCCARTER, INC. 318 E.NAKOMA STREET SAN ANTONIO TX 78216-2795 (512) 494-1997
ABRASIVES PRECISION TOOL SALES/SRVCS MOUNT PARON RR 1 JACKSBORO TN 37757-9801 (615) 562-4000
ABRASIVES VIRGINIA CAROLINA TOOLS P.O. BOX 3488 WEST COLUMBIA SC 29171-3488 (803) 791-8691
ACETONE METHYLENE CHLO SELLERS OIL CO., INC. BAINBRIDGE GA 31717
ACTUATORS MASTER REASEARCH & MFG. 11445 ILEX AVENUE SAN FERNANDO CA 91340-3430 (818) 898-1461
ACTUATORS PANTEX, INC. P.O. BOX 742406 HOUSTON TX 77274
ACTUATORS ROCKER INDUSTRIES 1500 240TH STREET HARBOR CITY CA 90710-1309
ACTUATORS, HYDRAULIC MASTER RESEARCH & MFG. 11445 ILEX AVENUE SAN FERNANDO CA 91340-3430 (818) 898-1461
ACTUATORS, VALVE LBC AND ASSOCIATES P.O. BOX 668 JONESBORO GA 30237 (406) 477-2272
ADHESIVES EMULTEC, INC. 3361 GARDEN BROOK DR. DALLAS TX 75234 (214) 247-7766
ADHESIVES GLOBEX CORPORATION 91 SANDBAR FERRY ROAD AUGUSTA GA 30903-2924 (706) 724-5419
ADHESIVES HOSE HOUSE, INC. P.O. BOX 41 PLANO TX 75074 (214) 881-0282
AERSOLS L.F. MAYHAN & ASSOCIATES ATLANTA GA 30301
AIR CONDITIONING GAYDEN & SON A/C HEATING BEAUMONT
AIR CONDITIONING MERLIN WAYNER'S A/C PASCAGOULA MS 39567
AIR CONDITIONING EQUIPMENT BLUE RIBBON INDUSTRIES P.O. BOX 488 GERMANTOWN NY 10001
AIR FILTERS, HEPA IOWA ENVIRONMENTAL SYSTEMS 1628 NW 91ST CLIVE IA 50322 (515) 225-9447
AIR HANDLING UNITS, CUSTOM HEAT TRANSFER TECHNOLOGY BEN FOX PAVILLION #432 JENKINTOWN PA 19046 (215) 884-2448
AIRBORNE NOISE/VIBRATION CASDE CORPORATION P.O. BOX 1291 TORRANCE CA 90505
AIRBORNE NOISE/VIBRATION NOISE CONTROL TECHNOLOGY 1776 E. JEFFERSON STREET ROCKVILLE MD 20852
AIRCRAFT COMPONENTS AIRPARTS COMPANY, INC. WICHITA KS 67201
ALARM SYSTEMS HOUMA ELECTRONICS 3408 WEST MAIN HOUMA LA 70360
ALARM SYSTEMS KMAD BUSINESS SERVICE 310 WINDINGWAY DRIVE BATON ROUGE LA 70810
ALARMS, FIRE D & S SYSTEMS, INC. 625C S. PALM STREET LA HABRA CA 90631-5737 (714) 870-6680
ALLOY BARS CROWN METAL CORP. 4221 SHILLING WAY DALLAS TX 75237-1024
ALLOYS HURLEN CORPORATION 12831 MARQUARDT AVENUE SANTA FE SPRINGS CA 90670 (310) 921-0432
ALLOYS MGG PIPE & SUPPLY CO. P.O. BOX 2347 NEW ORLEANS LA 70176 (504) 523-6990
ALUMINUM HURLEN CORPORATION SANTA FE SPRINGS CA 90670
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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ALUMINUM MARKS SUPPLY CO., LTD. 1903 ENGINEERS ROAD BELLE CHASSE LA 70037 (504) 522-9801
ALUMINUM MGG PIPE & SUPPLY CO. 228 ST. CHARLES STE 1136 NEW ORLEANS LA 70130 (504) 523-6990
ALUMINUM COPPER SHEETS COMBINED METALS CORP. DALLAS TX 75221
ALUMINUM EXTRUSIONS TABER METALS CORP. RUSSELLVILLE AR 72801
ALUMINUM PRODUCTS CROWN METAL CORP. 4221 SHILLING WAY DALLAS TX 75237-1024
ALUMINUM/STEEL FABRICATION AFRO-LECON, INC. P.O. BOX 1028 JAMESTOWN NY 14701
ALUMINUM/STEEL FABRICATION MANUFAB, INC. 129 THIRD STREET KENNER LA 70062 (504) 466-2368
AMMUNITION BALIMOY MFG. OF VENICE TAMPA FL 33622
ANODES MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
APPLIANCES & EQUIPMENT REGIONAL MFG., INC. JACKSON MS 39205
APPLIANCES, HOME A-A APPLIANCE P.O. BOX 27703 HOUSTON TX 77227-7703 (713) 467-0215
APPLIANCES, HOME HYDRO-PRESS, INC. P.O. BOX 7333 PONCE PR 00732-7333 (809) 844-9872
APPLIANCES, HOME PRYOR'S HAULING COMPANY RR 1 BOX 293 GLEN ALLEN VA 23060-9801 (804) 747-0210
APPLIANCES, HOME SOUTH TEXAS APPLNC REPAIR 11031 WYE STREET #110 SAN ANTONIO TX 78217-2625 (512) 653-8898
APPRAISALS INVESTMENT TECHNIQUES LTD. DECATUR GA 30031
ACRYLIC SHEETS RAM PRODUCTS COMPANY STURGIS MI 49091
ART SUPPLIES PACE PUBLICATION ARTS ANAHEIM CA 92803
ASBESTOS & LEAD ABATEMENT JOE CARRIZAL CONTRACTORS 915 N. ESTRELLA EL PASO TX 79903 (915) 562-4631
ASBESTOS ABATEMENT CENTRAL TECH ENVIRONMTL 2828 MARTIN L. KING DALLAS TX 75215 (214) 428-8388
ASPHALT & CONCRETE WORK HAMP'S ENTERPRISES, INC. 1816 N. CLAIBORNE AVE. NEW ORLEANS LA 70116
ASPHALT & CONCRETE WORK LEVI SLAUGHTER ASPHALT CO. 5128 FLORIDA AVE. NEW ORLEANS LA 70117 (504) 949-1910
AUDIO-VISUAL EQUIPMENT HOUMA ELECTRONICS 3408 WEST MAIN HOUMA LA 70360
AUDITING FIRM GERMAINE F. BREWINGTON WILMINGTON NC 28401
AUTOMOTIVE PARTS ELECTRICAL PTS. REBUILDER 831 GRETNA BLVD GRETNA LA 70053-6939 (504) 362-1380
AUTOMOTIVE PARTS NETWORK AUTOMOTIVE PARTS 2068 US HIGHWAY 19 SOUTH CLEARWATER FL 33546 (813) 449-0062
AUTOMOTIVE SUPPLIES AMERICAN AUTOM. DISTRBS. 23422 68TH AVENUE S. KENT WA 96032 (206) 859-8284
AUTOMOTIVE SUPPLIES FRANK'S AUTOMOTIVE 1606 W. FRONT MIDLAND TX 79701 (915) 682-7304
AUTOMOTIVE SUPPLIES OSCAR MARTIN 8514 SPRINGLINE STREET SAN ANTONIO TX 78251-2216 (512) 681-4648
BABBITTS CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
BAR CODE READERS WAISOME COMPUTER CONSULT 185 ST. MARKS PLACE STATEN ISLAND NY 10301-1670 (718) 447-7703
BAR CODE READERS/PRINTERS ITS 635 N. BERRY STREET #C BREA CA 92621-3017 (714) 990-1880
BATTERIES, DRY CELL BBGP INDUSTRIAL SUPPLY P.O. BOX 340 EDGARD LA 70049
BATTERIES, DRY CELL CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
PAGE -2-
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<PAGE>
AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
<TABLE>
<CAPTION>
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
BATTERIES, DRY CELL CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
BATTERIES, NICKEL-CADIUM BATTERIES UNLIMITED MT. JULIET TN 37122
BEARINGS AVCON ADVANCED CONTROLS 19151 PARTHENIA ST. #G NORTHRIDGE CA 91324 (818) 836-0250
BEARINGS COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
BEARINGS CRESCENT CITY IND. SUPPLY CANAL PLACE #2300 NEW ORLEANS LA 70130-1135 (504) 529-7474
BEARINGS DAVIS METROLOGY & MFG. CO. P.O. BOX 38 PADUCAH KY 42002-0038 (502) 443-7843
BEARINGS HOLLEY TOOL COMPANY P.O. BOX 17765 MILWAUKEE WI 53217-0765 (414) 466-1008
BEARINGS INTL. MAINTENANCE & MACHG. P.O. BOX 1192 VALRICO FL 33594-1192 (813) 425-3813
BEARINGS KRAMER ROLLER CO., INC. P.O. BOX 1957 PARAMOUNT CA 90723-1957 (213) 633-2771
BEARINGS MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
BEARINGS SEALAND INDUSTRIAL SUPPLY 1838 CAROLINA BEACH RD. WILMINGTON NC 28401 (919) 762-7978
BEDDING HERNANDEZ MATTRESS, INC. 2324 PORT STREET NEW ORLEANS LA 70117-7416 (504) 944-5571
BICYCLES, INDUSTRIAL MOUND BAYOU MFG. COMPANY MOUND BAYOU MS 38762
BINS/LOCKERS/SHELVING HARCO DISTRIBUTORS, INC. 318 S. LAWRENCE STREET PHILADELPHIA PA 19106-4211 (215) 923-2981
BLASTING & PAINTING, INDS. WILLIAMS CONSTRUCTION 125 WILSHIRE PLACE NEW ORLEANS LA 70119
BOILER CONTROLS J. T. DISTRIBUTORS 5448-403 HOFFNEB AVENUE ORLANDO FL 32812 (407) 273-7517
BOLTS, THREADED & NUTS M 4, INC. 230 SOUTH 2ND STREET WORMLEYSBURG PA 17043-1315 (717) 763-4747
BOXES, STUFFING CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
BRACKETS DENFENSE STAMPINGS & ENGR 653 SOUTH "I" ST. PENSACOLA FL 32501 (904) 438-6105
BRUSHES, PAINT GLOBEX CORPORATION 91 SANDBAR FERRY ROAD AUGUSTA GA 30903-2924 (706) 724-5419
BUILDING MATERIALS CRESCENT CITY SUPPLY 150 BARONNE ST., STE 1600 NEW ORLEANS LA 70112 (504) 558-9573
BUILDING MATERIALS PARKER'S DISTRIBUTORS P.O. BOX 10416 GOLDSBORO NC 27432-0416 (919) 778-5505
BUILDINGS, PORTABLE VERY GOOD CONCEPTS P.O. BOX 99601-252 ARLINGTON TX 76096-9601 (817) 784-9412
BULK FUEL HANDLING EQUIP. PERRY AND SONS, INC. P.O. BOX 1121 MONROE LA 71210-1121 (318) 387-7162
BUOYS MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
BUSINESS MACHINES RELIABLE BUSINESS MACHINES 4402 DOWNMAN ROAD NEW ORLEANS LA 70126
CABLE CABLE WORKS P.O. BOX 8068 NEW ORLEANS LA 70182-8068 (504) 283-6043
CABLE MONROE WIRE & CABLE 14 COMMERCIAL AVENUE MIDDLETOWN NY 10940
CABLE, ELECTRIC AMERICAN CABLE, INC. 47 MARCHWOOD DRIVE EXTON PA 19341
CABLE, ELECTRIC CHEROKEE NATION P.O. BOX 1130 STILWELL OK 74960
CABLE, ELECTRIC VETERAN WIRE & CABLE P.O. BOX 980 DOYLESTOWN PA 18901
CABLE, ELECTRIC WASHINGTON CABLE SUPPLY 4600-D BOSTON WAY LANHAM MD 20706 (301) 577-1200
CABLE, ELECTRICAL CONTRACTING SERVICES, INC. 3860 DORR STREET TOLEDO OH 43607 (419) 531-4292
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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CABLE, ELECTRICAL WIRE MASTERS OF TEXAS 1110 W. HARRIS ROAD, STE 128 ARLINGTON TX 76017 (817) 467-3356
CABLE, WIRE & ELECTRIC CHUNG MOO KWAN, INC. 7613 FOURTH STREET MARRERO LA 70072 (504) 884-9507
CARDS, ADAPTER BAR-PAT MANUFACTURING 375 HOWARD AVENUE NEW ORLEANS LA 70130-3809
CARPETS, FLOORING ANCHOR FLOOR COMPANY ST. LOUIS MO 63166
CARTS J S ENTERPRISES 14922 NEWPORT AVENUE #J TUSTIN CA 92680-6114 (714) 851-6457
CARTS M & M MANUFACTURE 2986 1ST STREET LA VERNE CA 91750-5678 (714) 596-6205
CASTERS RAMAR MATERIAL HANDLING P.O. BOX 3396 SOUTH EL MONTE CA 91733-0396 (818) 350-0767
CEMENT CRESCENT CITY TRADING 6904 DOWNMAN ROAD NEW ORLEANS LA 70126
CERAMIC & CARBIDE WEAR PTS COLES CARBIDE COMPANY 3508 K STREET BAKERSFIELD CA 93301-1617 (805) 322-3562
CHAIN J. MARINE & INDUSTRIAL 11710 N. PERRY AVE. HOUSTON TX 77071 (713) 721-7527
CHAIN MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
CHEMICALS A N B CHEMICAL DISTRIBS. MARTIN LUTHER KING DRIVE EUNICE LA 70535
CHEMICALS CHEMSERV INDUSTRIES #2 CANAL STREET, SUITE 935 NEW ORLEANS LA 70130 (504) 581-3919
CHEMICALS CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
CHEMICALS COLE CHEMICAL DISTRIBUTORS 950 ECHO LANE, STE 347 HOUSTON TX 77024
CHEMICALS CONKLIN PRODUCTS 3507 ANNUNCIATION STREET NEW ORLEANS LA 70115
CHEMICALS DEL REY CHEMICAL, INC. P.O. BOX 240 ALVIN TX 77512
CHEMICALS EASE CHEMICAL COMPANY 12770 COIT RD, SUITE 602 DALLAS TX 75251 (214) 387-8155
CHEMICALS EMULTEC, INC. 3361 GARDEN BROOK DR. DALLAS TX 75234 (214) 247-7766
CHEMICALS GULF SOUTH CHEMICALS/LA ITM BUILDING, STE 1226 NEW ORLEANS LA 70130
CHEMICALS L. WALKER DISTRIBUTOR JACKSON MS 39205
CHEMICALS LOUISIANA CHEMICAL SYS. 1723 SOUTHLAND COURT BATON ROUGE LA 70810 (504) 291-6897
CHEMICALS M & O ENTERPRISES, INC. 2706 E. MAIN STREET MESA AZ 85213-9227 (602) 644-9047
CHEMICALS MINOCHEM CHEMICALS 1926 WOODDALE, #115A BATON ROUGE LA 70806
CHEMICALS PCI INTERNATIONAL, INC. P.O. BOX 5110 LAFAYETTE LA 70502
CHEMICALS SCIENTIFIC SALES, INC. P.O. BOX 369 OAK RIDGE TN 37831-0369 (615) 483-9332
CHEMICALS SOUTHERN ALLIANCE MARINE P.O. BOX 1465 SLIDELL LA 70459
CHEMICALS TECNI-SISTEMAS, INC. P.O. BOX 73029 METAIRIE LA 70033
CHEMICALS UNI-KEM INTL., INC. 513 HICKORY AVE. HARAHAN LA 70123 (504) 738-1623
CHEMICALS, INDUSTRIAL QUASAR CORPORATION 346 OCEAN AVENUE GRETNA LA 70053 (504) 366-8669
CHEMICALS, LAB FOX SCIENTIFIC, INC. 1110 W. HARRIS RD. #102 ARLINGTON TX 76017 (817) 472-0555
CHEMICALS, LABORATORY PRESIDIO SCIENTIFIC CORP. PASADENA TX 77501
CHEMICALS, MAINTENANCE MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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CHEMICALS/DEGREASERS PRIDE CORPORATION 3900 TULANE AVE, STE 117 NEW ORLEANS LA 70119
CIRCUIT BOARDS KLI, INC. 1546 BRANDY PARKWAY STREAMWOOD IL 60107 (708) 213-1282
CIRCUIT BOARDS WEST ELECTRONIC IND., INC. AQUADILLA PR 00605
CIRCUIT BOARDS, PRINTED ABNEE INDUSTRIES, INC. 1500 LEXINGTON ST. #5 NORMAN OK 73069 (405) 364-9577
CIRCUIT BOARDS, PRINTED QUALITY ASSEMBLIES 539 TELEGRAPH CANYON RD #189 CHULA VISTA CA 92010 (706) 623-3988
CIRCUIT CARDS, PRINTED LOWS ENTERPRISE, INC. ATLANTA GA 30301
CLEANING COMPOUND PAS POINT JANITORIAL PASCAGOULA MS 39567
CLEANING COMPOUND VRAZEL CHEMICALS, INC. MOBILE AL 36601
CLEANING PRODUCTS PARKER'S DISTRIBUTORS P.O. BOX 10416 GOLDSBORO NC 27432-0416 (919) 778-5505
CLOCKS HOUMA ELECTRONICS 3408 WEST MAIN HOUMA LA 70360
CLOCKS, TIME GRAND ELECTRIC SUPPLY 2780 LA MIRADA DR #A VISTA CA 92083-8404 (619) 727-0400
CLOCKS, TIME SUPERB ELECTRIC SUPPLY 2409 N. SAN FERNANDO RD LOS ANGELES CA 90065
CLOTHING PARKER'S DISTRIBUTORS P.O. BOX 10416 GOLDSBORO NC 27432-0416 (919) 778-5505
CLOTHING, PROTECTIVE GULF COAST SAFETY PRODS. MOBILE AL 36601
CLOTHS AMERICAN WIPING RAG CO. 4891 24TH STREET SACRAMENTO CA 95822
COATINGS EMULTEC, INC. 3361 GARDEN BROOK DR. DALLAS TX 75234 (214) 247-7766
COATINGS OMERO DISTRIBUTION P.O. BOX 29793 NEW ORLEANS LA 70189-0793 (504) 254-4455
COATINGS, POLYURETHANE G.M. DISTRIBUTING, INC. RR 6 BOX 213 N. LITTLE ROCK AR 72118-9235 (501) 758-4882
COAXIAL CABLE LBI ELECTRO-OPTICS CORP. DALLAS TX 75221
COLLARS SHAWN RENA CORPORATION P.O. BOX 2828 INDIANAPOLIS IN 46223-0001 (317) 293-8304
COMMUNICATIONS EQUIPMENT HOUMA ELECTRONICS 3408 WEST MAIN HOUMA LA 70360
COMPRESSORS COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
COMPRESSORS LBC AND ASSOCIATES P.O. BOX 668 JONESBORO GA 30237 (406) 477-2272
COMPRESSORS, AIR C & C PRODUCTS P.O. BOX 1267 FOREST PARK GA 30051 (404) 362-9293
COMPRESSORS, AIR CAPECO 708 JANE STREET NEW IBERIA LA 70560 (318) 369-7454
COMPRESSORS, AIR CITY TRANSIT & INDS. EQUIP P.O. BOX 29242 NEW ORLEANS LA 70189-0242 (504) 254-1273
COMPRESSORS, AIR GULF COAST MARINE & EQUIP P.O. BOX 6076 METAIRIE LA 70009-6076 (504) 467-4487
COMPRESSORS, AIR JAMES IRON & SCREEN SERV. 2053 CUNARD AVE. BATON ROUGE LA 70807
COMPRESSORS, AIR PAL SERVICES, INC. 2003 S. STATE STREET ABBEVILLE LA 70150
COMPRESSORS, AIR SAN ANTONIO EQUIPMENT CO. 2328 BLANCO ROAD SAN ANTONIO TX 78212-2150 (512) 736-4285
COMPRESSORS, AIR TECNI-SISTEMAS, INC. 2636A DELAWARE AVE. KENNER LA 70062-5412 (504) 466-2313
COMPUTER EQUIPMENT COMPLEX, INC. 4055 E. LA PALMA, UNIT C ANAHEIM CA 92807 (714) 630-7302
COMPUTER EQUIPMENT COMPUTER CONTROLS, INC. 4303 N. CENTRAL EXPRSWAY DALLAS TX 75205 (214) 521-2242
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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COMPUTER EQUIPMENT DYNAMIC DECISIONS, INC. 253 EAST MAIN STREET JOHNSON CITY TN 37604-5707 (800) 767-7534
COMPUTER EQUIPMENT INTEGRATED COMPUTER TECH. 25 MAUCHLY, STE 320 IRVINE CA 92718-2305 (714) 753-7866
COMPUTER EQUIPMENT IRON HORSE 9522 DRAYCOTT COURT BURKE VA 22015-3265 (703) 323-7489
COMPUTER EQUIPMENT KNOVIS COMPUTERS, INC. BATON ROUGE LA 70821
COMPUTER EQUIPMENT MEDIATECH, INC. 5891 S. GARNETT ROAD TULSA OK 74146-6812 (918) 254-6099
COMPUTER EQUIPMENT METABYTE COMPUTER SYS. 3000 WILCREST, STE 170 HOUSTON TX 77042 (713) 952-4300
COMPUTER EQUIPMENT MICROAGE 4627 EVERHARD RD., NW CANTON OH 44718 (216) 496-1243
COMPUTER HARDWARE RBR SUPPLIES, INC. FRIDLEY MN 55421
COMPUTER HARDWARE/SOFTWAR METABYTE COMPUTER SYSTEMS 10500 FORUM PLACE #140 HOUSTON TX 77036 (713) 995-1379
COMPUTER PERIPHERALS MICRO MARKETING ALBUQUERQUE NM 87125
COMPUTER SERVICES NOLA COMPUTER SERVICES 1100 POYDRAS, STE 1250 NEW ORLEANS LA 70163-1250 (504) 585-7319
COMPUTER SOFTWARE,MICRO SAYLORS SOFTWAREFIRST 6532 EDENVALE BLVD. EDEN PRAIRIE MN 55346-2563 (800) 289-9273
COMPUTER SUPPLIES/SERVICES CHANG CORPORTION 2835 PAN AMERICAN FRWAY. ALBUQUERQUE NM 87107-1606 (505) 345-1678
COMPUTER SUPPLIES/SOFTWARE COMPU SUPPLIES & SOFTWARE P.O. BOX 802612 DALLAS TX 75380-2612 (214) 661-1566
COMPUTER SYSTEMS TAJARA TECHNOLOGY, INC. 1124 MAIN, STE C IRVINE CA 92714 (800) 443-6243
COMPUTER/OFFICE SUPPLIES AMERICAN PRINT/OFFICE SPY 3482 DRUSILLA LANE BATON ROUGE LA 70809
COMPUTER/OFFICE SUPPLIES ANVEE INTERNATIONAL 37 TRAMMER STREET KENNER LA 70065
COMPUTER/OFFICE SUPPLIES BL's STATIONERY 2906 GOVERNMENT STREET BATON ROUGE LA 70806
COMPUTER/OFFICE SUPPLIES CAJUN OFFICE SUPPLIES 9848 PERKINS ROAD BATON ROUGE LA 70810
COMPUTER/OFFICE SUPPLIES COMPUTER/CALCULATOR/OFFIC P.O. BOX 5664 NEW ORLEANS LA 70156
COMPUTER/OFFICE SUPPLIES GALAXY RIBBON CORP. 520 DAVID STREET NEW ORLEANS LA 70119
COMPUTER/OFFICE SUPPLIES NATIONAL ENTERPRISES, INC. 2121 N. CAUSEWAY, #150 METAIRIE LA 70002-3210 (504) 889-1624
COMPUTER/OFFICE SUPPLIES PIP PRINTING 2330 LAPALCO BLVD, STE 8 HARVEY LA 70059
COMPUTER/OFFICE SUPPLIES QUALITY EDUCATIONAL ENTRP. 3921 ST. CLAUDE AVE. NEW ORLEANS LA 70117
COMPUTER/OFFICE SUPPLIES SHA'S OFFICE & PRINTING 6100 ST. CLAUDE, STE B NEW ORLEANS LA 70117
COMPUTERIZED PRODUCTION MACO PRECISION MFG., INC. 13120 CARRERE COURT BELLE CHASSE LA 70037 (504) 254-1000
COMPUTERS 3D COMPUTER CORPORATION 14275 MIDWAY ROAD, #170 DALLAS TX 75244
COMPUTERS NATIONAL COMPUTER CENTER OCEAN SPRINGS MS 39564
COMPUTERS ULTIMATE MARKETING, INC. 713 WESTBANK EXPRESSWAY GRETNA LA 70053
COMPUTERS & SOFTWARE SOFTCAD, INC. P.O. BOX 722254 HOUSTON TX 77272 (713) 270-0184
COMPUTERS (PC SYSTEMS) OMEGA SYSTEMS BAY ST. LOUIS MS 39520
CONCRETE DIXON'S MASONARY/CONCRETE 2485 CROCKETT DRIVE BATON ROUGE LA 70807
CONCRETE & DRYWALL D & D CONSTRUCTION 2213 GENTILLY BLVD NEW ORLEANS LA 70122-2332 (504) 288-1206
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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CONCRETE WORK W.C. CONTRACTOR 5703 READ BLVD NEW ORLEANS LA 70119 (504) 949-0306
CONDUCTORS, SEMI DOMINO'S COMPONENTS CENTRAL ISLIP NY 11722
CONDUIT CONSTRUCTION JOHNSON ENTERPRISES JACKSONVILLE, FL 32201
CONNECTORS ADI ELECTRONICS P.O. BOX 802221 DALLAS TX 75380 (214) 458-5780
CONNECTORS HOUMA ELECTRONICS 3408 WEST MAIN HOUMA LA 70360
CONNECTORS NATIONAL CONNECT-TRONIX DALLAS TX 75221
CONNECTORS/JUNCTION BLOCKS RAM ENTERPRISES, INC. 24940 AVENUE TIBBITTS VALENCIA CA 91355 (805) 257-0800
CONSOLES/CONTROL PANELS ELECTRO-SAFETY INSTRUMENTS RT. 2, BOX 843 ERATH LA 70533
CONSOLES/CONTROL PANELS NEW BEDFORD PANORAMEX 8333 CHETLE AVENUE SANTA FE SPRINGS CA 90670
CONSTRUCTION MANAGEMENT ILA CONSTRUCTION CO., INC. DAYTONA BEACH FL 32015
CONSTRUCTION, GENERAL COLOM CONSTRUCTION CO. RIPLEY MS 38663
CONSTRUCTION, GENERAL WHALEY & SONS INC. PITTSBURGH PA 15212
CONSULTANTS, ENGINEERING CONTINENTAL TECHNICAL SVS 778 RAYS ROAD, STE 104 STONE MOUNTAIN GA 30083
CONSULTANTS, ENGINEERING G-T ASSOCIATES, INC. P.O. BOX 14704 BATON ROUGE LA 70898-4704
CONSULTANTS, ENGINEERING HI-TECH MANUFACTURING 2476 FORT WORTH STREET GRAND PRAIRIE TX 75050
CONSULTANTS, ENGINEERING ORFI SYSTEMS, INC. 41 GREAT VALLEY PARKWAY MALVERN PA 19355-1309
CONSULTANTS, ENGINEERING REED'S ELECTRIC CONTRS. 2826 SHELDON DRIVE BATON ROUGE LA 70806
CONTRACTORS, GENERAL COLE'S CONSTRUCTION 2036 WOODDALE, STE P BATON ROUGE LA 70805
CONTRACTORS, GENERAL CONSTRUCTION MANAGEMENT 2320 DRUISILLA, STE F BATON ROUGE LA 70809
CONTRACTORS, GENERAL FAIRMAN CONSTRUCTION SPLY 2387 N. 2125 EAST LAYTON UT 84040-5717
CONTRACTORS, GENERAL GENUS ENTERPRISES, INC. SARASOTA FL 33578
CONTRACTORS, GENERAL LEO COOK CONSTRUCTION 1005 ARCADIA DRIVE BATON ROUGE LA 70810
CONTRACTORS, GENERAL REED'S ELECTRIC CONTRS. 2826 SHELDON DRIVE BATON ROUGE LA 70806
CONTRACTORS, GENERAL THIERRY CONSTRUCTION CO. 3128 GUILFORD BATON ROUGE LA 70808
CONTRACTORS, GENERAL WILLIE PARKER CONSTRUCTN 6901 E. CAPRICE AVENUE BATON ROUGE LA 70811
CONVEYORS MANUFAB, INC. 129 THIRD STREET KENNER LA 70062 (504) 466-2368
COOLERS COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
COUPLINGS PRESTIGE PRODUCTS CO. 6406 PLYMOUTH AVENUE ST. LOUIS MO 63133-1912 (314) 721-6344
COURIER SERVICES QUICK COURIER SERVICE 650 S. PIERCE, STE 300 NEW ORLEANS LA 70119
COURT REPORTING SERVICES SYLVIA PASTRANO, INC. 3324 N. CAUSEWAY STE 201 METAIRIE LA 70002
CRANES PACIFIC MACHINE WORKS 1008 S.E. FLINT ROSEBURG OR 97470 (503) 672-5855
CRANES, HYDRAULIC MR EQUIPMENT CO., INC. P.O. BOX 18228 OKLAHOMA CITY OK 73154-0228 (405) 236-1494
CRANES, OVERHEAD U.S. MATERIALS HANDLING P.O. BOX 366 UTICA NY 13503-0366 (315) 732-4111
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
<TABLE>
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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CUSHIONS FABRICATED TECHNOLOGY 4021 CONFLANS ROAD IRVING TX 75061 (214) 986-0640
CUSTOM METAL PRODUCTS GARDNER MANUFACTURING CO. HORICON WI 53032 (201) 896-0770
CUTTERS, MILLING CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
CUTTERS, MILLING CIRCLE M SUPPLY CO., INC. P. O. BOX 53791 LAFAYETTE LA 70505
CYLINDERS, HYDRAULIC C & C PRODUCTS P. O. BOX 1267 FOREST PARK GA 30051 (404) 362-9293
CYLINDERS, HYDRAULIC HOSE HOUSE, INC. P. O. BOX 41 PLANO TX 75074 (214) 881-0282
DATA PROCESSING EQUIPMENT PROFESSIONAL SOFTWARE P. O. BOX 2674 KOKOMO IN 46904 (317) 453-2428
DEHUMIDIFIERS L&C ASSOCIATES, INC. 216 LAFAYETTE ROAD NORTH HAMPTON NH 03862 (603) 964-9421
DESIGN SERVICES GIANNOTTI & ASSOCS. OF TX 950 COUNTY SQ DR #210 VENTURA CA 93003 (805) 658-8836
DIESEL (REPAIR) NEW ORLEANS DIESEL, INC. 9600 CHEF MENTEUR HWY. NEW ORLEANS LA 70127 (504) 241-0185
DIESEL ENGINES (REPAIR) P & S DIESEL SERVICE P. O. BOX 74 WESTWEGO LA 70096-0074 (504) 341-1606
DIESEL GENERATORS (REPAIR) SEA TREC ENTERPRISES, INC. P. O. BOX 6200 CHULA VISTA CA 92011-0015 (619) 423-9713
DIESEL GENERATORS, STANDBY CLEAN FUEL, INC. P. O. BOX 9610 RICHMOND VA 23228 (804) 264-2528
DIRT LEE'S, INC.-BATON ROUGE 8900 HOPPER ROAD BATON ROUGE LA 70811
DOLLIES BMH EQUIPMENT, INC. P. O. BOX 1621C9 SACRAMENTO CA 95814
DOORS AWSM ENTERPRISES LIMITED CITY OF LAVAL QC CANADA
DOORS/HATCHES/SCUTTLES LOSSETT'S, INC. 310 STEPHENS STREET PICAYUNE MS 39446 (601) 769-1098
DRAFTING/GRAPHICS SUPPLIES CONTRACTING SERVICES 3860 DORR STREET TOLEDO OH 43607 (419) 531-4292
DRILL PRESSES A.R. FIGUEROA MACH. SHOP 1322 N. 6TH WICHITA FALLS TX 76304 (817) 322-6398
DRILL PRESSES AIREL TOOL & EQUIPMENT CO. 1500 EDGELY ROAD LEVITTOWN PA 19057-4806 (215) 949-2060
DRILL PRESSES AKWESASNE MOHAWK WOODWO COMMUNITY BUILDING HOGANSBURG NY 13655 (518) 358-2272
DRILL PRESSES BELL COMMERCIAL WELDING 4443 AUBURN BLVD SACRAMENTO CA 95841
DRILL PRESSES G & J MACHINE CO., INC. 366 GROVE STREET EAST RUTHERFORD NJ 07073-1727 (407) 984-2445
DRILL PRESSES GOLDEN STATE MACHINERY CO. 5426 E. WASHINGTON BLVD LOS ANGELES CA 90040-2106 (213) 724-3112
DRILL PRESSES J & C MACHINE SHOP, INC. 936 BLIMP ROAD HOUMA LA 70363-0152 (504) 879-2163
DRILL PRESSES JOHN L. BLAKE ASSOCIATES 1237 MAIN STREET EAST ROCHESTER NY 14609-6941 (716) 654-8660
DRILL PRESSES LEJEUNE MACHINE SHOP P. O. BOX 1044 EUNICE LA 70535 (318) 457-7800
DRILL PRESSES MARLOWE MACHINE SHOP RR 8 BOX 280 CULPEPER VA 22701 (703) 825-6725
DRILL PRESSES METAL FAB SOUTH LTD 55 W. 27TH STREET KENNER LA 70062-4874 (504) 468-9088
DRILL PRESSES MSI & ASSOCIATES, INC. P. O. BOX 2711 NORFOLK VA 23501-2711 (804) 583-4073
DRILL PRESSES PROTECH MACHININE CO. 2744 E. 74TH STREET OAKLAND CA 94601 (415) 261-5711
DRILL PRESSES SAC TOOL & DIE SHOP, INC. P. O. BOX 5777 GREENSBORO NC 27435-0777 (919) 378-9663
DRILL PRESSES SANTEC, INC. 1303 W. WALNUT PKWY COMPTON CA 90220-5030 (213) 637-3442
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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DRILLS AOA PRECISION ENGINEERING 2020 LOMITA BLVD #1 LOMITA CA 90717-1723 (213) 325-2538
DRILLS DRAKEWOOD INDST. SUPPLY 12500 NETWORK BLVD #402 SAN ANTONIO TX 78249-3310 (512) 699-9760
DRILLS MYERS BALDWIN & ASSOCIATES 24525 SOUTHFIELD RD $102 SOUTHFIELD MI 48075-2777 (313) 569-0223
DRILLS & LATHES GEISMAR FABRICATORS, INC. 7325 HIGHWAY 405 DONALDSONVILLE LA 70346
DRUG SUPPLIES IMR CORPORATION 639 MANHATTAN BLVD. HARVEY LA 70058 (504) 362-9888
DRUM HANDLING EQUIPMENT BRANDON INDUSTRIAL P.O. BOX 5354 BUENA PARK CA 90622
DRYWALL SNOWDEN'S ENTERPRISES 20110 REAMES ROAD NEWBURY PARK CA 91320
ELBOWS SHAWN RENA CORPORATION P.O. BOX 2828 INDIANAPOLIS IN 46223-0001 (317) 293-8304
ELECTRIC COMPONENTS LAGUNA COMPONENTS, INC. LAGUNA BEACH CA 92653
ELECTRIC WIRE & CABLE A.C.C.E. 4895 COLD CREEK COURT SUGAR HILL GA 30518 (404) 945-8991
ELECTRICAL CONNECTORS INTERCONNECTION PRODUCTS SANTA ANA CA 92711
ELECTRICAL CONNECTORS T & T PRODUCTS ORLANDO FL 32802
ELECTRICAL EQUIP/SUPPLIES BBGP INDUSTRIAL SUPPLY P.O. BOX 340 EDGARD LA 70049
ELECTRICAL INSTRUMENTS FOX SCIENTIFIC, INC. 1110 W. HARRIS RD #102 ARLINGTON TX 76017 (817) 472-0555
ELECTRICAL SUPPLIES A. BRIET & COMPANY, INC. 713 HUNTLEE DRIVE NEW ORLEANS LA 70131
ELECTRICAL SUPPLIES AFRI-AMERICAN SUPPLY CO. TULSA OK 74101
ELECTRICAL SUPPLIES BAYOU ELECTRICAL SUPPLY 503 MARTIN LUTHER KING LAKE CHARLES LA 70601
ELECTRICAL SUPPLIES CHOCTAW MFG. ENTERPRISE ROUTE 7, BOX 3-D CARTHAGE MS 39051 (601) 267-5681
ELECTRICAL SUPPLIES CITY SALES & SERVICE P.O. BOX 1690 HARVEY LA 70059 (504) 366-2700
ELECTRICAL SUPPLIES COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
ELECTRICAL SUPPLIES ENERGY ELECTRICAL INDUST. P.O. BOX 4683 HOUSTON TX 77210
ELECTRICAL SUPPLIES G.H.R. & ASSOCIATES 4400 YOUNG STREET METAIRIE LA 70006
ELECTRICAL SUPPLIES HOMCO LIGHTING & ACCESS. 9930 LAKE FOREST BLVD. NEW ORLEANS LA 70127-2608 (504) 241-0048
ELECTRICAL SUPPLIES L. DAVIS ELECTRICAL SERV. 2721 MITHRA STREET NEW ORLEANS LA 70122
ELECTRICAL SUPPLIES MIRAMAR ELECTRIC SUPPLY MIAMI FL 33101
ELECTRICAL SUPPLIES REED'S ELECTRIC CONTRS. 2826 SHELDON DRIVE BATON ROUGE LA 70806
ELECTRICAL SUPPLIES SEAM IMPORT & EXPORT 3470 CAESAR DRIVE NEW ORLEANS LA 70114-9208 (504) 361-9033
ELECTRICAL SUPPLIES TECNI-SISTEMAS, INC. 2636A DELAWARE AVE. KENNER LA 70062-5412 (504) 466-2313
ELECTRICAL SUPPLIES WHOLESALE INDEPENDENT SUP PENSACOLA FL 32502
ELECTRICAL/SAFETY PRODUCTS ALLIED INDUSTRIAL SUPPLY 625 S. FRONT STREET MEMPHIS TN 38103 (901) 528-0884
ELECTRONIC COMPONENTS CEC ELECTRONICS 2841 RIVIERA, STE 200 AKRON OH 44313
ELECTRONIC COMPONENTS ELECTRONIC PARTS INVENTORY P.O. BOX 550967 DALLAS TX 75355 (214) 503-1414
ELECTRONIC COMPONENTS ERIK-A ELECTRONIC DISTR. 2640 S. MYRTLE AVE., UNIT #1 MONROVIA CA 91016 (818) 574-1020
PAGE -9-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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ELECTRONIC COMPONENTS JRH ELECTRONICS, INC. 2002-E LINCOLN DRIVE WEST MARLTON NJ 08053-0264
ELECTRONIC COMPONENTS POWERHOUSE SERVICE P.O. BOX 728 HURLEY MS 39555 (609) 988-8696
ELECTRONIC TESTING EQUIP. A-TEK ELECTRONICS 15751 ROXFORD ST., STE H SYLMAR CA 91344-3564 (601) 588-3876
ELECTRONICS D & H ELECTRONICS ST. AUGUSTINE FL 32084 (818) 364-7422
ELECTRONICS GTT ELECTRONICS 651 N. PLANO RD STE 419 RICHARDSON TX 75081
ELECTRONICS HOUMA ELECTRONICS 3408 WEST MAIN HOUMA LA 70360 (214) 437-4747
ELECTRONICS LINTON HDWE & ELEC SUPPLY 2675 GRAVEL ROAD FORT WORTH TX 76118
ELECTRONICS MRO ELECTRONIC DISTRIBS. P.O. BOX 763 HOLLYWOOD FL 33083
ELECTRONICS TRIAD ELECTRONICS, INC. 400 N. CARROLLTON AVENUE NEW ORLEANS LA 70119
ELECTRONICS VARGAS ELECTRONICS, INC. P.O. BOX 763 SMITHTOWN NY 11787
ELECTRONICS EQUIPMENT SONICRAFT, INC. CHICAGO IL 60607
ENGINEERING SERVICES A.V. PEDDADAO P.O BOX 13199 ALEXANDRIA LA 71315-3199 (318) 487-0607
ENGINEERING SERVICES CHUNG MOO KWAN, INC. 7613 FOURTH STREET MARRERO LA 70072 (504) 884-9507
ENGINES, GAS & DIESEL CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
ENGRAVING BEAED CORPORATION 2136 ALAMO AVENUE HARVEY LA 70059 (504) 367-1047
ENGRAVING JM ENGRAVING MFG. CORP. 2478 FORT WORTH STREET GRAND PRAIRIE TX 75050
EXCAVATION WORK WHITES EXCAVATION & CONST. DAPHNE AL 36526
EXTERMINATOR BOLDEN EXTERMINATORS 2927 PLANK ROAD BATON ROUGE LA 70805
FABRIC COMPONENTS FABRICATED TECHNOLOGY 4021 CONFLANS ROAD IRVING TX 75061 (214) 986-0640
FABRICATION L & E MARINE MOSS POINT MS 39563
FABRICATION MARINE SHIP & METALS WORKS MOSS POINT MS 39563
FABRICATION MILPLEX CIRCUITS, INC. ADDISON IL 60101
FABRICATION N-TAC ENTERPRISES, INC. 646 ANCHORS STREET, STE 1 FT. WALTON BEACH FL 32548 (904) 244-6100
FABRICATION/SERVICES TECHNO MEX METAL PRODS. WOOD DALE IL 60191
FABRICATIONS AMERICAN COASTAL INC. ARLINGTON VA 22210
FABRICATIONS, GENERAL PRECISION MACHINING BUSH LA 70431
FABRICS, NAUGAHYDE GAUTIER UPHOLSTERY INTERS. GAUTIER MS 39553
FANS CITY TRANSIT & INDS. EQUIP P.O. BOX 29242 NEW ORLEANS LA 70189-0242 (504) 254-1273
FASTENERS A & C MACHINE & MFG. P.O. BOX 1076 HARVEY LA 70059
FASTENERS ALL-STAINLESS, INC. 75 RESEARCH ROAD HINGHAM MA 02043
FASTENERS BROOKS-STARLING FASTENERS 500 E. SEAMORAN, STE 30 CASSELBERRY FL 32707 (407) 260-2004
FASTENERS CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
FASTENERS FREEDOM FASTENERS, INC. 132 MARINE STREET FARMINGDALE MY 11735-5608 (516) 752-8050
PAGE -10-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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FASTENERS LOUISIANA NUT & BOLT 2217 ENGINEERS RD, STE A BELLE CHASSE LA 70037
FASTENERS MODY AEROSPACE P.O. BOX 851562 RICHARDSON TX 75085-1652 (214) 231-7851
FASTENERS OKABE COMPANY, INC. 645 FOREST EDGE DR VERNON HILL IL 60061-3106 (708) 541-9200
FASTENERS PRODUCTION PIPING, INC. 201 CARDINAL DRIVE LAFAYETTE LA 70508-4452 (318) 837-9961
FASTENERS ROSAN, INC. SANTA ANA CA 92711
FASTENERS TECNI-SISTEMAS, INC. 2636A DELAWARE AVE. KENNER LA 70062-5412 (504) 466-2313
FASTENERS UNITED SCREW OF CA, INC. ORANGE CA 92667
FASTENERS & HARDWARE SAVVY TECHNOLOGIES 2415 FIRST AVENUE NORTH SEATTLE WA 98109 (206) 868-2222
FASTENERS/SCREWS/BOLTS APL FASTENERS, INC. MILWAUKEE WI 53201
FENCES ARROW FENCE COMPANY 5122 VICTORIA DR BATON ROUGE LA 70812-3116 (504) 356-4595
FENCES E B E FENCE COMPANY 2024 BAYOU ROAD NEW ORLEANS LA 70116
FENCES ELMO'S CEMENT & FENCE WKS P.O. BOX 870602 NEW ORLEANS LA 70187-0602 (504) 241-7630
FENCES T & M FENCE COMPANY 1808 N. MARKET STREET SHREVEPORT LA 71107-5212 (318) 222-6759
FENCES VARNADO FENCE SERVICE 2517 ART STREET NEW ORLEANS LA 70117 (504) 947-6598
FIBER GLASS MATERIAL NEWTEX INDUSTRIES, INC. VICTOR NY 14564
FIBER INSTALLATION SEALAND SYSTEMS, INC. PASCAGOULA MS 39567
FILM CIRCUITS HYBIRDS INTERNATIONAL LTD. OLATHE KS 66061
FILTERS AL-TRONICS, INC. WESTBURY NY 11590
FILTERS CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
FILTERS COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
FILTERS ENTERPRISE FILTERS 55 LYERLY, STE 201 HOUSTON TX 77022
FILTERS INGRAM'S FILTERS & UPHOLSTY 1491 THOMAS DELPIT DR. BATON ROUGE LA 70802
FILTERS LBC AND ASSOCIATES P.O. BOX 668 JONESBORO GA 30237 (406) 477-2272
FILTERS, AIR SCAN AIR FILTER COMPANY 100 BETA DR FRANKLIN TN 37064-3912 (615) 790-2019
FILTERS, AIR (HEPA) FLUIDTECH P.O. BOX 90836 ALBUQUERQUE NM 87109 (505) 255-3389
FILTERS, COALESCING FLUIDTECH P.O. BOX 90836 ALBUQUERQUE NM 87109 (505) 255-3389
FINANCIAL MANAGEMENT DMC, INC. GREENVILLE SC 29602
FIRE ALARMS/EXTINGUISHERS ABCON, INC. 2911 MOUNT HOLLY ST. BALTIMORE MD 21216-1705 (301) 945-3892
FIRE ALARMS/EXTINGUISHERS CENTRAL FIRE & SAFETY EQP. 221 W. MAGNOLIA STREET ARCADIA OK 73007 (800) 321-5586
FIRE ALARMS/EXTINGUISHERS FISHER FIRE EXTINGUISHER 236 OAKDALE STREET JACKSON MS 39201 (601) 354-5551
FIRE ALARMS/EXTINGUISHERS PHILA. & PA FIRE PROTECT 5111 CHESTNUT STREET PHILADELPHIA PA 19139-3430 (215) 472-1000
FIRE EXTINGUISHERS ABILITY FIRE EQUIP., INC. 2925 HALLADAY STREET SANTA ANA CA 92705-5622 (714) 540-4840
FIRE EXTINGUISHERS ADVANCED FIRE/SAFETY TECH 200 W. OHIO AVE RICHMOND CA 94804 (415) 233-7238
PAGE -11-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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FIRE EXTINGUISHERS AMERICAN FIRE EXTG. 2831 AWAAWALOA STREET HONOLULU HI 96819-2945 (808) 488-0010
FIRE EXTINGUISHERS CAL LOVE ENTERPRISE, INC P.O. BOX 12212 ALEXANDRIA LA 71315
FIRE EXTINGUISHERS CENTURY FIRE & SAFETY EQP P.O. BOX 85 BELLWOOD IL 60104-0085 (312) 547-5007
FIRE EXTINGUISHERS DAYTONA FIRE & SAFETY EQP 179 CARWELL AVE HOLLY HILL FL 32117 (904) 252-3186
FIRE EXTINGUISHERS FESCO FIRE & SAFETY, INC P.O. BOX 370600 SAN DIEGO CA 92137-0600 (619) 296-2012
FIRE EXTINGUISHERS FIRE CONTRTOL LTD. P.O. BOX 370600 SAN DIEGO CA 92137-0600 (619) 296-2012
FIRE EXTINGUISHERS HILO FIRE EXTINGUISHERS P.O. BOX 1206 HILO HI 96721-1206 (808) 961-3522
FIRE EXTINGUISHERS KLING & SNS ENTERPRISES 623 S. MAPLE AVE MONTEBELLO CA 90640-5405 (213) 726-0982
FIRE EXTINGUISHERS METAL CRAFT, INC. 718 DEBELIUS AVE BALTIMORE MD 21205-3401 (301) 485-0880
FIRE EXTINGUISHERS PROTECTION PLUS SYSTEMS P.O. BOX 6207 NEWPORT NEWS VA 23606-0207 (804) 595-9719
FIRE EXTINGUISHERS PUENTE FIRE EXTG., INC 257 E. ADAMS ST. BROWNSVILLE TX 78520-6106 (512) 542-5449
FIRE EXTINGUISHERS RED FIRE QUIPMENT, INC 3810 EISENHAUER RD SAN ANTONIO TX 78218-1705 (512) 655-2509
FIRE EXTINGUISHERS REYNOLDS FIRE PROTECTION 471 WEST 50 SOUTH SALT LAKE CITY UT 84101 (801) 322-0084
FIRE EXTINGUISHERS ROREX FIRE CONTROL, INC. P.O. BOX 370600 SAN DIEGO CA 92137 (619) 296-2012
FIRE EXTINGUISHERS SAN DIEGO FLAMEPROOFING 1322 K STREET SAN DIEGO CA 92101-7513 (619) 232-0105
FIRE EXTINGUISHERS SHAMAN EQUIPMENT COMPANY 3200 SEWARD HWY ANCHORAGE AK 99503 (619) 276-6500
FIRE EXTINGUISHERS SUMMITLINE INDUSTRIES 4621 INDUSTRIAL RD FORT WAYNE IN 46825-5205 (219) 482-8296
FIRE PROTECTION BORRELL ELECTRIC CO., INC. 3601 N. NEBRASKA AVE TAMPA FL 33603-5011 (813) 223-2727
FIRE PROTECTION HAYAKAWA ASSOCIATES 1180 S. BEVERLY DR LOS ANGELES CA 90035-1153 (213) 879-4477
FIRE PROTECTION NABOURS PLUMBING, INC. 3201 CENTER STREET LAKE CHARLES LA 70601-8627 (318) 478-4310
FIRE PROTECTION RAJ BHARGAVA ASSOCIATES 301 E. FIREWEED LANE ANCHORAGE AK 99503 (907) 276-3768
FIRE PROTECTION/SPRINKLERS ANR CONTRACTORS, INC. P.O. BOX 3249 SAN JUAN PR 00919-3249 (809) 788-3256
FIRE/SOUND PROOFING DOCO INDUSTRIAL INSULATORS P.O. BOX 31964 LAFAYETTE LA 70593
FIREMANS SUPPLIES MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
FITTINGS ANIBAL L. ARSUAGA, INC. P.O. BOX 71362 SAN JUAN PR 00936-7326 (809) 754-9494
FITTINGS COLDON SUPPLY CO., INC. P.O. BOX 8070 NEW ORLEANS LA 70182-8070 (504) 947-0496
FITTINGS M 4, INC. 230 SOUTH 2ND STREET WORMLEYSBURG PA 17043-1315 (717) 763-4747
FITTINGS PRESITIGE PRODUCTS CO. 6406 PLYMOUTH AVENUE ST. LOUIS MO 63133-1912 (314) 721-6344
FITTINGS SEALAND INDUSTRIAL SUPPLY 1838 CAROLINA BEACH RD. WILMINGTON NC 28401 (919) 762-7978
FITTINGS VALCO SUPPLY, INC. 630-A MAY AVE. NORFOLK VA 23504 (804) 623-9000
FITTINGS & FLANGES ALL-STAINLESS, INC. 75 RESEARCH ROAD HINGHAM MA 02043
FITTINGS & FLANGES ATLANTIC HYDRAULICS 2151 W. 73RD STREET HIALEAH FL 33016
FITTINGS & FLANGES B & M OILFIELD SUPPLY P.O. 400 BROUSSARD LA 70518 (318) 837-2771
AGE -12-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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FITTINGS & FLANGES BETHLEHEM SUPPLY CORP. 5110 S. YALE AVENUE TULSA OK 74112
FITTINGS & FLANGES CHICKAWAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
FITTINGS & FLANGES CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
FITTINGS & FLANGES LOUISIANA STAINLESS, INC. P.O. BOX 26881 NEW ORLEANS LA 70186
FITTINGS & FLANGES ROYAL SHORE RESOURCES 60 PRINCE STREET ELIZABETH NJ 07208
FITTINGS & FLANGES SMITH PIPE COMPANIES P.O. BOX 24099 HOUSTON TX 77015
FITTINGS & FLANGES TRANSPEC FASTENERS 1500 N. PARK DRIVE FORT WORTH TX 76102
FITTINGS & NIPPLES JHS & SONS SUPPLY CO. 544-48 E. HAINES STREET PHILADELPHIA PA 19144 (215) 843-7210
FITTINGS, HOSE HOSE HOUSE, INC. P.O. BOX 41 PLANO TX 75074 (214) 881-0282
FITTINGS, HOSE SHERMAN ENTERPRISES, INC 3111 S. VALLEY VIEW RD LAS VEGAS NV 89102-0332 (800) 327-8265
FITTINGS, PIPE VALVE J. MARINE & INDUSTRIAL 11710 N. PERRY AVE. HOUSTON TX 77071 (713) 721-7527
FITTINGS, WELD PRODUCTION PIPING, INC. 201 CARDINAL DRIVE LAFAYETTE LA 70508-4452 (318) 837-9961
FLANGES PRODUCTION PIPING, INC. 201 CARDINAL DRIVE LAFAYETTE LA 70508-4452 (318) 837-9961
FLASHLIGHTS & BATTERIES MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
FLASHLIGHTS & LANTERNS AFRI-AMERICAN SUPPLY CO. TULSA OK 74101
FLASHLIGHTS & LANTERNS BBGP INDUSTRIAL SUPPLY P.O. BOX 340 EDGARD LA 70049
FLASHLIGHTS & LANTERNS CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
FLASHLIGHTS & LANTERNS CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
FLOORING RITE-WAY FLOORING, INC. 5497 VINE STREET BLDG A CHINO CA 91710-5248 (714) 628-1575
FLUID FILTRATION LETTSWORTH OILFIELD SRVCS 6770 JOHNSTON STREET LAFAYETTE LA 70503-6202 (318) 981-6753
FLUID POWER COMP. HUNT VALVE COMPANY, INC. SALEM OH 44460
FLUID SYSTEMS DONCO INDUSTRIES SEATTLE 1137 S.W. HANFORD ST. SEATTLE WA 98134-1026 (206) 682-2948
FLUSHING DONCO INDUSTRIES SEATTLE 1137 S.W. HANFORD ST. SEATTLE WA 98134-1026 (206) 682-2948
FLUSHING YYK ENTERPRISES, INC. 1020 44TH AVE OAKLAND CA 94601
FOOD DISTRIBUTOR DOMAR SUPPLIES P.O. BOX 26457 NEW ORLEANS LA 70186 (504) 246-9584
FOOD SERVICE MORRISON'S CUSTOM MGMT. 15333 DRUMMET BLVD #160 HOUSTON TX 77032 (713) 449-9808
FORGINGS INDEPENDENT FORGE CO. 692 N. BATAVIA STREET ORANGE CA 92668 (714) 997-7337
FOUNDRY PRODUCTS FRANCISCO J. MAS, INC. 1255 BUCHANAN S.W. GRAND RAPIDS MI 49507 (616) 247-6626
FUEL TRANSPORT ROY'S TRANSPORT 418 NEWTON STREET GRETNA LA 70053
FUELS, COAL PETROLEUM SOURCE & SYS. ATLANTA GA 30301
FURNITURE/CABINETS FOX SCIENTIFIC, INC. 1110 W. HARRIS RD. #102 ARLINGTON TX 76017 (817) 472-0555
GAGES SHAWN RENA CORPORATION P.O. BOX 2828 INDIANAPOLIS IN 46223-0001 (317) 293-8304
GARMENTS, DISPOSABLE DISPROTEK, INC. 120 W. CANAL STREET PICAYUNE MS 39466
PAGE -13-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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GARMENTS, DISPOSABLE FOSTER & ASSOCIATES 3757 APRIL LANE COLUMBUS OH 43227-3371
GASKETS AEROSTAR INDUSTRIES 1083-C MONTAGUE AVE CHARLESTON SC 29406 (803) 744-0600
GASKETS BEST RUBBER COMPANY, INC. P.O. BOX 5428 SAN MATEO CA 94402
GASKETS CIRCLE M SULLOY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
GASKETS ELASTREK CORP. P.O. BOX 18224 ANAHEIM CA 92817-8224 (714) 992-1060
GASKETS KMC SEAL COMPANY LTD 100 N. HILL DR. #53 BRISBANE CA 94005-1014 (415) 468-0950
GASKETS PAX INDUSTRIES 11596 MARTENS RIVER CIR FOUNTAIN VALLEY CA 92708-4202 (714) 850-1330
GASKETS SEAFARERS MARKETING 1723 MARIGOLD COURT SAN JOSE CA 95133 (408) 259-4722
GASKETS STEVENS GASKETS & SUPPLY P.O. BOX 3265 TULSA OK 74101
GASKETS THE GASCO MFG. CORP. P.O. BOX 1151 HOBBS NM 88241 (505) 393-4006
GASKETS UNITED SEAL & RUBBER CO. 3404 OAKCLIFF RD #C9 ATLANTA GA 30340-3011 (404) 454-9912
GAUGES B & M OILFIELD SUPPLY P.O. BOX 400 BROUSSARD LA 70518 (318) 837-2771
GAUGES CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
GAUGES CIRCLE M SUPPLY CO., INC. P.O BOX 53791 LAFAYETTE LA 70505
GAUGES COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
GAUGES FLO-CONTROL, INC. P.O. BOX 13023 ATLANTA GA 30324-0023 (404) 875-8064
GAUGES GULF COAST MARINE & EQUIP P.O. BOX 6076 METAIRIE LA 70009-6076 (504) 467-4487
GAUGES HOSE HOUSE, INC. P.O. BOX 41 PLANO TX 75074 (214) 881-0282
GAUGES PANATEC COMPANY 111 W. WASHINGTON #1631 CHICAGO IL 60602-2710 (312) 593-5402
GAUGES PRESTIGE PRODUCTS CO. 6406 PLYMOUTH AVENUE ST. LOUIS MO 63133-1912 (314) 721-6344
GAUGES VALVATE ASSOCIATES 15925 MINNESOTA AVENUE PARAMOUNT CA 90723-4913 (213) 979-0505
GAUGES, TEMPERATURE SANTRONICS 1855 E. VALLEY PWKY #203C ESCONDIDO CA 92027 (619) 489-8880
GEARS SUPREME GEAR COMPANY 19024 FLORIDA ROSEVILLE MI 48066 (313) 775-6325
GENERAL CONTRACTING SAGE GENERAL CONTRACTOR P.O. BOX 56327 NEW ORLEANS LA 70156 (504) 241-5189
GENERATORS COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
GLOBES, RUBBER J.P.C. ENTERPRISES 5819-C ROGERS AVENUE FORT SMITH AR 72903 (501) 452-9988
GLOVES MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
GLOVES TACOMA ENTERPRISES 226 CARONDELET STE 1019 NEW ORLEANS LA 70130-2940 (504) 527-9100
GLOVES, LEATHER, WORK WESTERN GLOVE MFG., INC. P.O. BOX 5525 COMPTON CA 90224-5525 (213) 636-1401
GLOVES/SAFETY GLASSES CHICKASAW GLOVE & SUPPLY MEMPHIS TN 38101
GRAPHIC ART SUPPLIES CONTRACTING SERVICES, INC. 3860 DORR STREET TOLEDO OH 43607 (419) 531-4292
GUARDRAILS CRAYLAR, INC. RR 1 BOX 21 PORTAGE PA 15946-9705 (814) 736-3164
GUARDRAILS DENALI FENCE WORKS 2950 VAN HORN RD FAIRBANKS AK 99709-5417 (907) 474-9542
PAGE -14-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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<S> <C> <C> <C> <C> <C>
GUARDRAILS ONE WAY SIGN & CONSTRN. P.O. BOX 31495 BILLINGS MT 59107-1495 (406) 245-5182
GUARDRAILS RMC CONSTRUCTION CO. P.O. BOX 100621 FORT WORTH TX 76185 (817) 338-0802
GUARDRAILS & HANDRAILS CORONADO STEEL CORP. 5727 OBATA WAY GILROY CA 95020 (408) 848-5485
HANDSETS & HEADSETS SCOTT & ASSOCIATES P.O. BOX 26638 PHILADELPHIA PA 19141
HANGERS DENFENSE STAMPINGS & ENGR 653 SOUTH "I" ST. PENSACOLA FL 32501 (904) 438-6105
HARDWARE DOT'S INDUSTRIAL SUPPLY ENTERPRISE AL 36330
HARDWARE MESA EQUIPMENT & SUPPLY P.O. BOX 91568 ALBUQUERQUE NM 87199-1568 (505) 345-0284
HARDWARE, MARINE J. MARINE & INDUSTRIAL 11710 N. PERRY AVE. HOUSTON TX 77071 (713) 721-7527
HARDWARE, MARINE MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
HARNESSES & STRAPS FABRICATED TECHNOLOGY 4021 CONFLANS ROAD IRVING TX 75061 (214) 986-0640
HEAVY LIFT EQUIP REPAIR A & A RADIATOR & GLASS P.O. BOX 504 PORT LAVACA TX 77979 (512) 552-6513
HOISTS CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
HOSE PRODUCTS PAX INDUSTRIES 11596 MARTENS RIVER CIR FOUNTAIN VALLEY CA 92708-4202 (714) 850-1330
HOSES CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
HOSES CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
HOSES COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
HOSES HOLLEY TOOL COMPANY P.O. BOX 17765 MILWAUKEE WI 53217-0765 (414) 466-1008
HOSES, FIRE PROTECTION CRESCENT CITY IND. SUPPLY CANAL PLACE #2300 NEW ORLEANS LA 70130-1135 (504) 529-7474
HOSES, HYDRAULIC C.H. RICHARDSON SUPPLY 4134 N. VANCOUVER AVE PORTLAND OR 97217-2957 (503) 284-3347
HOSES, HYDRAULIC HOSE-LINE 416-A W. LUMBER STREET LANCASTER CA 93532 (805) 942-9953
HOSES, RUBBER CHEROKEE HOSE & SUPPLY CO. 4207 S. 33RD WEST AVE. TULSA OK 74107-5904 (918) 446-3548
HVAC AIR DUCTS INDOOR AIR SERVICES, INC. 12188 W. JEWELL DR. LAKEWOOD CO 80228-4441 (303) 985-9485
HVAC EQUIPMENT HOPKINS HEATING & COOLING 41 DORMAN AVE #2 SAN FRANCISCO CA 94124-1810 (415) 824-1634
HVAC EQUIPMENT HVAC HAWAII 1287 KALANI ST. #105 HONOLULU HI 96817-4952 (808) 845-6050
HVAC EQUIPMENT K-M CONSTRUCTION, INC. 4711 E. FALCON DR. #131 MESA AZ 85025 (602) 985-0588
HYDRAULIC EQUIPMENT ATLANTIC SYDRAULICS 2151 W. 73RD STREET HIALEAH FL 33016
HYDRAULIC EQUIPMENT TECNI-SISTEMAS, INC. 2636A DELAWARE AVE. KENNER LA 70062-5412 (504) 466-2313
INDUSTRIAL EQUIPMENT CHICAGO INDUSTRIAL 702 CLARK PLACE COLORADO SPRINGS CO 80915 (719) 570-1040
INDUSTRIAL SUPPLIES J. MARINE & INSUSTRIAL 11710 N. PERRY AVE. HOUSTON TX 77071 (713) 721-7527
INDUSTRIAL SUPPLIES SOUTH CENTRAL SUPPLY 719 MONROE STREET GRETNA LA 70053-2129 (504) 362-0100
INSTRUMENTATION HARVEY INSTRUMENTS/SUPPLY P.O. BOX 114 HARVEY LA 70059
INSTRUMENTATION HOUMA ELECTRONICS 3408 WEST MAIN HOUMA LA 70360
INSTRUMENTATION THOMPSON EQUIPMENT CO. P.O. BOX 4189 NEW ORLEANS LA 70178
PAGE -15-
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AVONDALE INDUSTRIES, INC. - SMALL BUSINESS SOURCE LIST 10 MAY 1995
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INSTRUMENTS SHAWN RENA CORPORATION P.O. BOX 2828 INDIANAPOLIS IN 46223-0001 (317) 293-8304
INSTRUMENTS, RECORDING DTR COMPANY LTD P.O. BOX 4101 MODESTO CA 95352 (209) 526-8691
INSTRUMENTS, RECORDING JENNINGS & ASSOCS., INC. P.O. BOX 661 EAST ORANGE NJ 07019-0661 (201) 672-1562
INSTRUMENTS, RECORDING MIAMI HYDRONICS, INC. 7361 NW 8TH ST BAY #4 MIAMI FL 33126 (305) 261-5894
INSTRUMENTS, REPAIR SOUTHERN NEVADA ELECTRNS. 2628 N. BRUCE STREET NORTH LAS VEGAS NV 89030-5324 (702) 649-4376
INSULATION/SOUNDPROOFING PAR INSULATION & WELDING P.O. BOX 739 FRANKLIN LA 70538
INVERTERS FLO-CONTROL, INC. P.O. BOX 13023 ATLANTA GA 30324-0023 (404) 875-8064
JACKS, PALLET J S ENTERPRISES 14922 NEWPORT AVENUE #J TUSTIN CA 92680-6114 (714) 851-6457
JACKS, PALLET RAMAR MATERIAL HANDLING P.O. BOX 3396 SOUTH EL MONTE CA 91733-0396 (818) 350-0767
JANITORIAL SERVICES CHUNG MOO KWAN, INC. 7613 FOURTH STREET MARRERO LA 70072 (504) 884-9507
JANITORIAL SERVICES CONSOLIDATED INDUSTRIES 7532 CHEF MENTEUR HWY. NEW ORLEANS LA 70126
JANITORIAL SERVICES FUSELIER'S JANITORIAL SRV 502 TWELFTH STREET LAFAYETTE LA 70501
JANITORIAL SERVICES H.L.'S JANITORIAL SERVICE 2036 WOODDALE, STE O BATON ROUGE LA 70806
JANITORIAL SERVICES L & L CONTRACTING SERVS P.O. BOX 304 ZACHARY LA 70791 (504) 654-7672
JANITORIAL SERVICES LAWRENCE JANITORIAL SRV 5599 LAREDO DRIVE BATON ROUGE LA 70811
JANITORIAL SERVICES NATIONAL JANITORIAL, INC. MOSS POINT MS 39563
JANITORIAL SERVICES NOLMAR CORPORATION 3615 D'HEMECOURT NEW ORLEANS LA 70119-7024 (504) 486-7681
JANITORIAL SERVICES PEREZ JANITORIAL SERVICE P.O. BOX 585 MARRERO LA 70073
JANITORIAL SERVICES RENT-A-MAID GAUTIER MS 39553
JANITORIAL SERVICES/SUPLS ACCENT MAINTENANCE P.O. BOX 4406 BATON ROUGE LA 70821
JANITORIAL SERVICES A N B CHEMICAL DISTRIBS. MARTIN LUTHER KING DRIVE EUNICE LA 70535
JANITORIAL SERVICES ALBRITE CHEMICALS & SUPPLY MEMPHIS TN 38101
JANITORIAL SERVICES BROADCO CLEANING PRODUCTS P.O. BOX 3374 HARVEY LA 70059 (504) 368-1145
JANITORIAL SERVICES CLEANING SOLUTIONS 4109 MILLER PARK DR. GARLAND TX 75042 (214) 271-2600
JANITORIAL SERVICES CRESCENT CITY IND. SUPPLY CANAL PLACE #2300 NEW ORLEANS LA 70130-1135 (504) 529-7474
JANITORIAL SERVICES HERBERT & EDGAR M. KINNARD 3613 SUNSET DR SHREVEPORT LA 71109-1719 (318) 636-4219
JANITORIAL SERVICES J. BEVCO CHEMICALS 2102 TULANE AVENUE NEW ORLEANS LA 70112
JANITORIAL SERVICES K & S CHEMICAL MFG. CO. JACKSON MS 39205
JANITORIAL SERVICES QUALITY WHOLESALE SUPPLY P.O. BOX 677 LULING LA 70070
JANITORIAL SERVICES SOUTHERN ALLIANCE MARINE P.O. BOX 1465 SLIDELL LA 70459
JANITORIAL SERVICES W. D. LEWIS, INC. 440 N. FOSTER ROAD, #129 BATON ROUGE LA 70811
JANITORIAL SERVICES WESTBANK PAPER/JANITORIAL 4134 COPERNICUS STREET NEW ORLEANS LA 70131
JOINER AFRO-LECON, INC. P.O. BOX 1028 JAMESTOWN NY 14701
PAGE -16-
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<PAGE>
AVONDALE INDUSTRIES, INC. - SMALL DISADVANTAGED BUSINESS SOURCE LIST
10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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JOINTS PIEZO MFG. CORP. FT. LAUDERDALE FL 33310
KITCHEN UTENSILS UNI ENTERPRISES, INC. HARAHAN LA 70123
LABORATORY ANALYSIS LNS ENVIRONMENTAL SRVCS. 903 N. BOWSER, STE 230 RICHARDSON TX 75081 (214) 669-3575
LADDERS BART INTERNATIONAL 31220 LA BAYA DR #110-584 THOUSAND OAKS CA 91362-4089 (818) 991-7220
LADDERS MANUFAB, INC. 129 THIRD STREET KENNER LA 70062 (504) 466-2368
LADDERS ROCKY DURON & ASSOCIATES 2970 CONGRESSMAN LANE DALLAS TX 75220
LAMPS SEAM IMPORT & EXPORT 3470 CAESAR DRIVE NEW ORLEANS LA 70114-9208 (504) 361-9033
LANDSCAPING OIL FIELD & PLANT MAINT. P.O. BOX 176 BATON ROUGE LA 70821
LATHES PRECISE MACHINING & MFG. 12716 EAST PINE TULSA OK 74116
LAW ENFORCEMENT EQUIPMENT FIRE CONTROL LTD. P.O. BOX 370600 SAN DIEGO CA 92137-0600 (619) 296-2012
LAWN SERVICE RISE & SHINE LAWN SERVICE 233 DELLA LANE DRIVE AVONDALE LA 70094 (504) 436-0167
LEAD PRODUCTS CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
LIFE RAFTS NEPTUNE SUPPLIES, INC. 425 MILAN NEW ORLEANS LA 70115-1498 (504) 899-9521
LIFE SAVING EQUIPMENT MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
LIFTS, PERSONNEL BART INTERNATIONAL 31220 LA BAYA DR #110-584 THOUSAND OAKS CA 91362-4089 (818) 991-7220
LIGHT FIXTURES POTTER ELECTRIC, INC. 1401 THIRD STREET SAN FRANCISCO CA 91340
LIGHTING, TEMPORARY ROTO MANUFACTURING CO. FRESNO CA 93771
LIGHTS, NAVIGATION DELT SUPPLY, INC. MOBILE AL 36601
LINENS KELLEY & ABIDE 4401 EUPHROSINE NEW ORLEANS LA 70125-1349 (504) 822-2700
LININGS, BRAKE CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
LIQUID METAL MNP INTERNATIONAL, INC. P.O. BOX 4924 CERRITOS CA 90701 (213) 921-6075
LOAD CELLS KEY TRANSDUCERS, INC. 40200 BRENTWOOD DR STERLING HEIGHT MI 48310 (313) 268-9393
LOCKERS & SHELVING AAA MATERIAL HANDLING P.O. BOX 52706 NEW ORLEANS LA 70152-2706 (504) 733-8681
LOCKERS & SHELBING J S ENTERPRISES 14922 NEWPORT AVENUE #J TUSTIN CA 92680-6114 (714) 851-6457
LOCKERS/PARTITIONS/SHELVING ROCKY DURON & ASSOCIATES 2970 CONGRESSMAN LANE DALLAS TX 75220
LODGING & MEETING ROOMS NEW ORLEANS TRAVELODGE 2200 W.B. EXPRESSWAY HARVEY LA 70058 (504) 366-5311
LOGOS MR. JOE'S LOGOS UNLIMITED WILMINGTON NC 28401
LUBRICANTS DIVERSIFIED DRILUBE, INC. 8512 E. 46TH STREET TULSA OK 74145
LUBRICANTS EMULTEC, INC. 3361 GARDEN BROOK DR. DALLAS TX 75234 (214) 247-7766
LUBRICANTS GARZA INTERNATIONAL P.O. BOX 270179 HOUSTON TX 77277-0179 (713) 522-7272
LUBRICANTS (OIL/GREASE) ATLANTIS ENTERPRISES P.O. BOX 7355 METAIRIE LA 70010
LUBRICATORS CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
LUBRICATORS IMPCO, INC. RT.1, EAST 3RD STREET EDGARD LA 70049
PAGE -17-
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AVONDALE INDUSTRIES, INC. - SMALL DISADVANTAGED BUSINESS SOURCE LIST
10 MAY 1995
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LUBRICATORS PETROLEUM LIQUIDS, INC. P.O. BOX 457 WASKOM TX 75692
LUMBER J. WONG & ASSOCIATES P.O. BOX 5197 OAK BROOK IL 60522-5197 (800) 421-0919
LUMBER NEWMAN LUMBER COMPANY GULFPORT MS 39501
MACHINE WORKS, GENERAL MARINE ENGINEERING, INC. ENGINEERS ROAD BELLE CHASSE LA 70059-0140 (504) 340-8601
MACHININE/MANUFACTURING PRECISE MACHINING & MFG. 12716 EAST PINE TULSA OK 74116
MACHINING BETHANY MFG. COMPANY 609 E. WALNUT CIRCLE GARLAND TX 75040
MACHINING ENTECH MACHINE COMPANY 8241 INDY LANE INDIANAPOLIS IN 46214
MACHINING J & C MACHINE SHOP, INC. 936 BLIMP ROAD HOUMA LA 70363-0152 (504) 879-2163
MACHINING LARNER MACHINE, INC. 2966 W. CLARENDON AVE. PHOENIX AZ 85017-4690
MACHINING LEE PRECISION MACHINE-SHOP MADISON AL 35758
MACHINING PRIORITY INDUSTRIES 3955 INDUSTRIAL BLVD. INDIANAPOLIS IN 46204
MACHINING VALA MACHINE COMPANY 9220 KEYSTONE STREET PHILADELPHIA PA 19114
MACHINING FORGINGS SHAWN RENA CORPORATION P.O. BOX 2828 INDIANAPOLIS IN 46223-0001 (317) 293-8304
MACHINING, GENERAL EAGLE TOOL & ENGINEERING MAYWOOD CA 90270
MACHINING, PRECISION PERFECT-A-TEC CORP. 6222 WEBSTER STREET DAYTON OH 45414 (513) 898-6010
MACHINING, PRECISION SHAWN RENA CORPORATION P.O. BOX 2828 INDIANAPOLIS IN 46223-0001 (317) 293-8304
MACHINING, VALVE RELIABLE MACHINISTS CORP. 1115 JONES ROAD WEST HOUSTON TX 77065 (713) 469-7442
MACHINING/MANUFACTURING GUICO MACHINE WORKS 5024 ALICE STREET MARRERO LA 70072
MACHINING/MANUFACTURING JM ENGRAVING MFG. CORP. 2478 FORT WORTH STREET GRAND PRAIRIE TX 75050
MARINE SUPPLIES/EQUIPMENT MARINE SPLICING & SUPPLY P.O. BOX 2411 NEW ORLEANS LA 70130-4597
MARINE SUPPLIES/EQUIPMENT MARLO INTERNATIONAL, INC. 1500 FOURTH STREET HARVEY LA 70059 (504) 392-5108
MATERIAL HANDLING EQUIP. AAA MATERIAL HANDLING P.O. BOX 52706 NEW ORLEANS LA 70152-2706 (504) 733-8681
MEASURING MACHINES DAVIS METROLOGY & MFG. CO. P.O. BOX 36 PADUCAH KY 42002-0038 (502) 443-7843
MEAT, WHOLESALE BULK MEAT, INC. 528 MONROE STREET ALEXANDRIA LA 71301
MECH. POWER TRANSMSN. EQUIP SEALAND INDUSTRIAL SUPPLY 1838 CAROLINE BEACH RD. WILMINGTON NC 28401 (919) 762-7978
MEDICAL SUPPLIES ALPHA ONE ENTERPRISES P.O. BOX 13204 ALEXANDRIA LA 71315-3204 (318) 487-9611
MEDICAL SUPPLIES BATISTE DRUGS, INC. 6621 WESTBANK EXPY #A MARRERO LA 70072-2658 (504) 366-2700
MEDICAL SUPPLIES CITY SALES & SERVICE P.O. BOX 1690 HARVEY LA 70059 (504) 366-2700
MEDICAL SUPPLIES DRUSUPCO, INC. 2020 JACKSON AVENUE NEW ORLEANS LA 70113
MEDICAL SUPPLIES FREEDOM ROAD, INC. 9625 MASON AVE, STE 7A CHATSWORTH MS 39483
MEDICAL SUPPLIES H & G SUPPLY CO. 3009 20TH., STE A METAIRIE LA 70116
MEDICAL SUPPLIES L & L INDUSTRIES 41244 HIGHWAY 931 GONZALES LA 70737-7130 (504) 622-2070
MEDICAL SUPPLIES MEDI MART PHARMACY MOSS POINT MS 39563
PAGE -18-
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<PAGE>
AVONDALE INDUSTRIES, INC. - SMALL DISADVANTAGED BUSINESS SOURCE LIST
10 MAY 1995
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MEDICAL SUPPLIES NATL MEDICAL SUPPLY CO. 1230 BROAD ST. NEW ORLEANS LA 70119-3303 (504) 822-6573
MEDICAL SUPPLIES PROFESSIONAL MEDICAL PRODS P.O. BOX 740642 NEW ORLEANS LA 70174
MEDICAL SUPPLIES SYSTEMS PLUS P.O. BOX 7086 NEW ORLEANS LA 70186-7086 (504) 245-3811
MEDICAL SUPPLIES WILSON SURGICAL SUPPLY 2019 LOUISIANA AVE. NEW ORLEANS LA 70115
METAL COMPOUND MNP INTERNATIONAL, INC. P.O. BOX 4924 CERRITOS CA 90701 (213) 921-6075
METAL FABRICATION AMEG, INC. KETTERING OH 45429
METAL FABRICATION EBONEX, INC. 336 COURT STREET BINGHAMTON NY 13902 (607) 723-7437
METAL PRODUCTS PACIFIC MACHINE WORKS 1008 S.E. FLINT ROSEBURG OR 97470 (503) 672-5855
METERS FLO-CONTROL, INC. P.O. BOX 13023 ATLANTA GA 30324-0023 (404) 875-8064
METERS PANATEC COMPANY 111 W. WASHINGTON #1631 CHICAGO IL 60602-2710 (312) 593-5402
MICRO COMPUTER PRODUCTS INFORMATION SYSTEMS INTL. FORT LAUDERDALE FL 33310
MICROFICHE READER PRINTERS NATIONAL MICROCOMP SRVCS 1332 BELL AVENUE #20 TUSTIN CA 92680-6439 (714) 259-8660
MICROFICHE READERS COLLEY AVENUE OFFICE SPLS 3911 COLLEY AVENUE NORFOLK VA 23508-2626 (804) 489-7310
MICROFILM CAMERA/READERS MICROFILM SYSTEMS, INC. P.O. BOX 3130 SHREVEPORT LA 71133-3130 (318) 227-0835
MICROFILM CAMERAS/READERS MICRO SERVICING, INC. 1918 CHICAGO ROAD CHICAGO HEIGHTS IL 60411-4101 (312) 754-5525
MICROFILM EQUIPMENT OMNI MICROGRAPHIC SERVICES 1004 HANSON COURT MILPITAS CA 95035-3165 (408) 945-9805
MICROFILM SERVICES MICHIGAN MICRORGRAPHICS 18980 WYOMING AVENUE DETROIT MI 48221 (313) 345-1510
MICROFILM SUPPLIES KHAN ENTERPRISES 9331 CHAPMAN AVE #209 GARDEN GROVE CA 92641-2526 (714) 330-6670
MICROFILM/MICROFICHE SRVCS. MICROFILM BUREAU, INC. 17421 VILLAGE GREEN DR HOUSTON TX 77040-1004 (713) 996-1684
MICROFILM/MICROFICHE SRVCS. MICROGRAPHIC SUPPLY CO. P.O. BOX 34417 SAN ANTONIO TX 78265-4417 (512) 656-0238
MILL SUPPLIES MESA EQUIPMENT & SUPPLY P.O. BOX 91568 ALBUQUERQUE NM 87199-1568 (505) 345-0284
MILLING SUPPLIES BBGP INDUSTRIAL SUPPLY P.O. BOX 340 EDGARD LA 70049
MILLING SUPPLIES PRECISE MACHINING & MFG. 12716 EAST PINE TULSA OK 74116
MOTORS CITY TRANSIT & INDS. EQUIP P.O. BOX 29242 NEW ORLEANS LA 70189-0242 (504) 254-1273
MOTORS, AIR & ELECTRIC COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
MOTORS, ELECTRIC IPS CORPORATION P.O. BOX 640237 KENNER LA 70064-0237 (504) 469-5731
MOTORS, ELECTRIC OKLAHOMA STEAM 15324 E. 13TH STREET TULSA OK 74108-4709 (918) 437-3500
NIPPLES PRODUCTION PIPING, INC. 201 CARDINAL DRIVE LAFAYETTE LA 70508-4452 (318) 837-9961
NOZZLES, FLOW ENERGY FLOW SYSTEMS, INC. P.O. BOX 14127 HOUSTON TX 77221-4127 (713) 747-3569
NURSERY/GREENHOUSE SUPPLIE BURRIS NURSERY/GREENHOUSE 8318 MICKENS ROAD BATON ROUGE LA 70811
OFFICE EQUIPMENT/MACHINES BORNE BUSINESS MACHINES 123 WESTBANK EXPRESSWAY WESTWEGO LA 70094 (504) 348-7004
OFFICE EQUIPMENT/MACHINES NEW ORLEANS BUS. MACHS. P.O. BOX 807 METAIRIE LA 70004-0807 (504) 834-3134
OFFICE EQUIPMENT/SUPPLIES DUSSET OFFICE PRODUCTS 4948 CHEF MENTUER, #603 NEW ORLEANS LA 70126 (504) 945-5486
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AVONDALE INDUSTRIES, INC. - SMALL DISADVANTAGED BUSINESS SOURCE LIST
10 MAY 1995
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OFFICE MACHINES AMERICAN OFFICE MACHINES 3029 LAKE STREET LAKE CHARLES LA 70601-8383 (318) 477-0322
OFFICE MACHINES ASI, INC. 2915 RYAN STREET LAKE CHARLES LA 70601-8510 (318) 433-5561
OFFICE MACHINES DURR'S OFFICE MACHINES 22 CHAPELLE STREET SANTA FE NM 87501-1808 (505) 983-4111
OFFICE MACHINES JORDAN ENTERPRISES, INC. 409 GABRIEL LANE ALEXANDRIA LA 71302-5229 (318) 443-3940
OFFICE MACHINES/SUPPLIES COLLEY AVENUE OFFICE SPLS 3911 COLLEY AVENUE NORFOLD VA 23508-2626 (804) 489-7310
OFFICE MACHINES/SUPPLIES R-C-I, INC. 3701 TCHOUPITOULAS, STE E NEW ORLEANS LA 70115-1339 (504) 895-6537
OFFICE SUPPLIES CONTRACTING SERVICES, INC. 3860 DORR STREET TOLEDO OH 43607 (419) 531-4292
OFFICE SUPPLIES COOLEY PRINTERS OFFICE SPY P.O. BOX 2070 MONROE LA 71207 (318) 325-7541
OFFICE SUPPLIES CRESCENT CITY IND. SUPPLY CANAL PLACE #2300 NEW ORLEANS LA 70130-1135 (504) 529-7474
OFFICE SUPPLIES EVERYTHING FOR THE OFFICE 2950 NIAGARA LANE N. PLYMOUTH TX 77229-4295 (713) 923-8696
OFFICE SUPPLIES MULE-DUREL, INC. 241 DAUPHINE STREET NEW ORLEANS LA 70112-3127 (504) 529-7484
OFFICE SUPPLIES OFFICE EQUIPMENT COMPANY MOBILE AL 36601
OFFICE SUPPLIES TEAL OFFICE PRODUCTS, INC. 1941 STARING LANE BATON ROUGE LA 70810-1033 (504) 767-2068
OFFICE SUPPLIES/EQUIPMENT GILL ASSOCIATION BROKER 3424 E. LAKE MEAD, #A N. LAS VEGAS NV 89030-7382 (702) 657-0191
OIL SPILL SUPPLIES MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
OVENS MOCO THERMAL INDUSTRIES 1 OVEN PLACE ROMULUS MI 48174-2236 (313) 728-6800
OVENS SLACK ASSOCIATION, INC. 540 S. LONGWOOD STREET BALTIMORE MD 21223-2724 (301) 566-2520
PACKINGS BEST RUBBER COMPANY, INC. P.O. BOX 5428 SAN MATEO CA 94402
PACKINGS SINGING RIVER INDUSTRIES PASCAGOULA MS 39567
PAINT A C PAINT COMPANY, INC. 5116 LIBERTY HEIGHTS BALTIMORE MD 21207-7055
PAINT GLOBEX CORPORATION 91 SANDBAR FERRY ROAD AUGUSTA GA 30903-2924 (706) 724-5419
PAINT THINNERS PETROLEUM LIQUIDS, INC. P.O. BOX 457 WASKOM TX 75692
PAINTS, INDUSTRIAL SIMCO COATINGS, INC. 211 GUNTER LANE BELLE CHASSE LA 70037 (504) 393-9455
PALLETS McREYNOLDS PALLETS CO. McCOOL MS 39108
PALLETS PALLERS PLUS 6865 N. PARK DRIVE SHREVEPORT LA 71107 (318) 893-1421
PARKER HOLLEY TOOL COMPANY P.O. BOX 17765 MILWAUKEE WI 53217-0765 (414) 466-1008
PEST CONTROL WOLF PEST CONTROL 7909 SCENIC HIGHWAY BATON ROUGE LA 70807
PETROLEUM PRODUCTS ROWE, INC. P.O. BOX 090 OXON HILL MD 20745
PHOTOGRAPHY DENNIS PHTOFINISH, LTD. 2303 ST. BERNARD AVE. NEW ORLEANS LA 70119-1501 (504) 944-5449
PIPE JHS & SONS SUPPLY CO. 544-48 E. HAINES STREET PHILADELPHIA PA 19144 (215) 843-7210
PIPE PRODUCTION PIPING, INC. 201 CARDINAL DRIVE LAFAYETTE LA 70508-4452 (318) 837-9961
PIPE SHERMAN ENTERPRISES, INC. 3111 S. VALLEY VIEW RD LAS VEGAS NV 89102-0332 (800) 327-8265
PIPE WEBSTER PIPING & SUPPLY P.O. BOX 2323 FLORENCE AZ 35630-0323 (205) 766-6272
PAGE -20-
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AVONDALE INDUSTRIES, INC. - SMALL DISADVANTAGED BUSINESS SOURCE LIST
10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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PIPE & PLUMBING ANIBAL L. ARSUAGA, INC. P.O. BOX 71362 SAN JUAN PR 00936-7326 (809) 754-9494
PIPE & PLUMBING COLDON SUPPLY CO., INC. P.O. BOX 8070 NOW ORLEANS LA 70182-8070 (504) 947-0496
PIPE & TUBING ANKO METAL SERVICES 11000 E. YALE AVE., #203 AURORA CO 80014-1763
PIPE & TUBING CIB CORPORATION P.O. BOX 4086 SAN JUAN PR 00936-4086
PIPE & TUBING CIRCLE M SUPPLY CO., INC. P.O. BOX 53791 LAFAYETTE LA 70505
PIPE & TUBING CROWN METAL CORP. 4221 SHILLING WAY DALLAS TX 75237-1024
PIPE & TUBING FAIRMAN CONTRUCTION SPLY 2387 N. 2125 EAST LAYTON UT 84040-5717
PIPE FITTINGS KULEANA VALVE & FITTING P.O. BOX 3476 HONOLULU HI 96811-3476 (808) 521-7951
PIPE HANGERS PIPING TECHNOLOGY & PRODS. HOUSTON OK 74116
PIPE VALVES/FLANGES/FITTGS SOLEX INTERNATIONAL, INC. P.O. BOX 208 HARRISON NJ 07029 (201) 484-6661
PIPE, FIBERGLASS CHICKASAW DISTRIBUTORS 800 BERING, SUITE 130 HOUSTON TX 77057
PIPE, SPECIAL AMERICAN METALS SERVICE MIAMI FL 33101
PIPING JHS INTERNATIONAL 544 EAST HANIES PHILADELPHIA PA 19144 (215) 843-7210
PLANNING BILLES/MANNING ARCHITECTS 839 ST. CHARLES, STE 300 NEW ORLEANS LA 70130 (504) 523-5366
PLASMA PROTO SPACE ENGINEERING SOUTH EL MONTE CA 91733
PLASTIC PRESTIGE PACKAGING, INC. NORCROSS GA 30091
PLASTIC SUPERIOR FURNITURE MFG. MAIMI FL 33101
PLATES, ORIFICE ENERGY FLOW SYSTEMS, INC. P.O. BOX 14127 HOUSTON TX 77221-4127 (713) 747-3569
PLUMBING BYNUM PLUMBING CORP. 1200 N. BROAD AVE NEW ORLEANS LA 70119
PLUMBING CARE SERVICES, INC. P.O. BOX 538 BELLE CHASSE LA 70037 (504) 394-5780
PLUMBING EARNEST MORRIS BLDG CONTR. 2205 PENISTON STREET NEW ORLEANS LA 70115
PLUMBING GAYS ELECTRICAL & MECH. 3610 COOPER STREET MONROE LA 71203-5614 (318) 387-8399
PLUMBING GEORGE RICHARD CONSTRN. 7550 KINGSPORT BLVD NEW ORLEANS LA 70128 (504) 241-5720
PLUMBING J.W. MECHANICAL SERVICE LEMON GROVE CA 90245
PLUMBING LOUISIANA PLUMBING & HTG. 2811 FRENCHMEN STREET NEW ORLEANS LA 70122-3630 (504) 947-1191
PLUMBING MARONGE ELECTRIC COMPANY 2424 MARIETTA AVE. KENNER LA 70062-4101 (504) 467-7537
PLUMBING FIXTURES SPEAKMAN COMPANY WILMINGTON DE 19899
PNEUMATIC DUCTING/TUBING PARKER SHANE MFG. CO. 501 OVILLA OAKS OVILLA TX 75154 (214) 515 5500
PRESSURE VESSELS GULF COAST ALLOY WELDING P.O. BOX 2002 HUMBLE TX 77338 (713) 821-0543
PRINTERS, READER MICHIGAN MICROGRAPHICS 18980 WYOMING AVENUE DETROIT MI 48221 (313) 345-1510
PROCESS EQUIPMENT GULF COAST ALLOY WELDING P.O. BOX 2002 HUMBLE TX 77338 (713) 821-0543
PUMPS C & C PRODUCTS P.O. BOX 1267 FOREST PARK GA 30051 (404) 362-9293
PUMPS CITY TRANSIT & INDS. EQUIP P.O. BOX 29242 NEW ORLEANS LA 70189-0242 (504) 254-1273
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AVONDALE INDUSTRIES, INC. - SMALL DISADVANTAGED BUSINESS SOURCE LIST
10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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PUMPS COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
PUMPS CRESCENT CITY IND. SUPPLY CANAL PLACE #2300 NEW ORLEANS LA 70130-1135 (504) 529-7474
PUMPS CRESCENT PUMP & EUQIPMENT 201 GLENHILL LANE HOUMA LA 70363 (504) 851-7077
PUMPS FLO-CONTROL, INC. P.O. BOX 13023 ATLANTA GA 30324-0023 (404) 875-8064
PUMPS GULF COAST MARINE & EQUIP P.O. BOX 6076 METAIRIE LA 70009-6076 (504) 467-4487
PUMPS LBC AND ASSOCIATES P.O. BOX 668 JONESBORO GA 30237 (406) 477-2272
PUMPS & COMPRESSORS SEALAND INDUSTRIAL SUPPLY 1838 CAROLINA BEACH RD. WILMINGTON NC 28401 (919) 762-7978
PUMPS & COMPRESSORS SHERMAN ENTERPRISES, INC. 3111 S. VALLEY VIEW RD LAS VEGAS NV 89102-0332 (800) 327-8265
PUMPS & COMPRESSORS SOLEX INTERNATIONAL, INC. P.O. BOX 208 HARRISON NJ 07029 (201) 484-6661
PUMPS, PRECISION SMITH PRECISION PRODUCTS NEWBURY PARK CA 91320
PUMPS, STEAM JET VACUUM PARDEE ENGINEERING BERKELEY CA 94701
RACKS, PALLET AAA MATERIAL HANDLING P.O. BOX 52706 NEW ORLEANS LA 70152-2706 (504) 733-8681
RACKS, PALLET HARCO DISTRIBUTORS, INC. 318 LAWRENCE STREET PHILADELPHIA PA 19106-4211 (215) 923-2981
RACKS, PALLET J S ENTERPRISES 14922 NEWPORT AVENUE #J TUSTIN CA 92680-6114 (714) 851-6457
RACKS, PALLET M & M MANUFACTURE 2986 1ST STREET LA VERNE CA 91750-5678 (714) 596-6205
RACKS, PALLET U.S. MATERIALS HANDLING P.O. BOX 366 UTICA NY 13503-0366 (315) 732-4111
RAGS SOUTH CENTRAL SUPPLY 719 MONROE STREET GRETNA LA 70053-2129 (504) 362-0100
RAW MATERIAL TARA METALS, INC. MANCHESTER CT 06040
RECORDERS FIRST COMMUNCS. & DATA 2421 SCHUSTER DR HYATTSVILLE MD 20781-1122 (301) 322-5460
RECORDERS, TELEPHONE/VIDEO SCORPIO ENTERPRISES, INC. P.O. BOX 1183 BEDMINISTER NJ 07921 (201) 781-1050
RECORDERS, TIME ACCUTRONICS INC. P.O. BOX 100478 SAN ANTONIO TX 78201-1778 (512) 736-5300
RECORDERS, TIME D & S SYSTEMS, INC. 625C S. PALM STREET LA HABRA CA 90631-5737 (714) 870-6680
RECORDERS, TIME DURR'S OFFICE MACHINES 22 CHAPELLE STREET SANTA FE NM 87501-1808 (505) 963-4111
RECORDERS, VIDEO S & B LTD P.O. BOX 2795 TUSCALOOSA AL 35401 (205) 349-2602
RECORDERS, VIDEO CUSTOM ELECTRONICS, INC. 238 EXCHANGE STREET CHICOPEE TX 75237
RECORDERS, VIDEO THE CLARKSON COMPANY 1627 PEACHTREE ST NE/#315 ATLANTA GA 30309-2424 (404) 876-1746
RECORDERS, VOICE DICTAPHONE-ANSAFONE SYS. P.O. BOX 576 MIAMI FL 33135 (305) 642-3600
REFINISHING, BATH/FLOOR JOE CARRIZAL CONTRACTORS 915 N. ESTRELLA EL PASO TX 79903 (915) 562-4631
REFRACTORY PRODUCTS IPS CORPORATION P.O. BOX 640237 KENNER LA 70064-0237 (504) 469-5731
REGULATORS COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
REGULATORS HOSE HOUSE, INC. P.O. BOX 41 PLANO TX 75074 (214) 881-0282
REPRODUCTION SERVICES COPYRITE, INC. 270 KING STREET CHARLESTON SC 29401 (803) 577-6375
RINGS HOLLEY TOOL COMPANY P.O. BOX 17765 MILWAUKEE WI 53217-0765 (414) 466-1008
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AVONDALE INDUSTRIES, INC. - SMALL DISADVANTAGED BUSINESS SOURCE LIST
10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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RIOT EQUIPMENT FIRE CONTROL LTD. P.O. BOX 370600 SAN DIEGO CA 92137-0600 (619) 296-2012
ROOFING/SHEETMETAL MIKE McADAMS ROOFING CO. PASCAGOULA MS 39567
ROPE CRESCENT CITY IND. SUPPLY CANAL PLACE #2300 NEW ORLEANS LA 70130-1135 (504) 529-7474
ROPE MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
ROPE, WIRE MARINE SPLICING & SUPPLY P.O. BOX 2411 NEW ORLEANS LA 70130-4597
RUBBER PRODUCTS SEAFARERS MARKETING 1723 MARIGOLD COURT SAN JOSE CA 95133 (408) 259-4722
RUBBER, SHEET ELASTREK CORP. P.O. BOX 18224 ANAHEIM CA 92817-8224 (714) 992-1060
SAFETY & FIRE EQUIPMENT ANIBAL L. ARSUAGA, INC. P.O. BOX 71362 SAN JUAN PR 00936-7326 (809) 754-9494
SAFETY EQUIPMENT ADVANCED FIRE/SAFETY TECH 200 W. OHIO AVE RICHMOND CA 94804 (415) 233-7238
SAFETY EQUIPMENT GULF COAST MARINE & EQUIP P.O. BOX 6076 METAIRIE LA 70009-6076 (504) 467-4487
SAFETY EQUIPMENT MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
SAFETY EQUIPMENT SHAMAN EQUIPMENT COMPANY 3200 SEWARD HWY ANCHORAGE AK 99503 (907) 276-6500
SAFETY PRODUCTS 4-ACE ENTERPRISES COMPANY 9931 HARWIN, STE 146 HOUSTON TX 77036 (713) 789-7707
SAFETY PRODUCTS MS UNLIMITED, INC. P.O. BOX 577 SYRACUSE NY 13206 (315) 437-1291
SAFETY PRODUCTS SOUTH CENTRAL SUPPLY 719 MONROE STREET GRETNA LA 70053-2129 (504) 362-0100
SAFETY RAILS ASSOCIATED MEDICAL SRVCS. 21700 NORTHWESRN HWY 820 SOUTHFIELD MI 48075 (313) 557-8833
SAFETY SUPPLIES CITY SALES & SERVICE P.O. BOX 1690 HARVEY LA 70059 (504) 366-2700
SANDBLASTING DONCO INDUSTRIES SEATTLE 1137 S.W. HANFORD ST. SEATTLE WA 98134-1026 (206) 682-2948
SANDBLASTING & EQUIPMENT PAL SERVICES, INC. 2003 S. STATE STREET ABBEVILLE LA 70150
SCAFFOLDS BART INTERNATIONAL 31220 LA BAYA DR #110-584 THOUSAND OAKS CA 91362-4089 (818) 991-7720
SCAFFOLDS MANUFAB, INC. 129 THIRD STREET KENNER LA 77062 (504) 466-2368
SCISSORS, SURGICAL TACOMA ENTERPRISES 226 CARONDELET STE 1019 NEW ORLEANS LA 70130-2940 (504) 527-9100
SCREEN PRINTING NATIONAL SCREEN-PRINTERS AUBURN AL 36830
SEAL RINGS, MECHANICAL COLES CARBIDE COMPANY 3508 K STREET BAKERSFIELD CA 93301-1617 (805) 322-3562
SEALS, MECHANICAL IPS COROPRATION P.O. BOX 640237 KENNER LA 70064-0237 (504) 469-5731
SEALS, MECHANICAL WEBSTER PIPING & SUPPLY P.O. BOX 2323 FLORENCE AZ 35630-0323 (205) 766-6272
SENSORS KEY TRANSDUCERS, INC. 40200 BRENTWOOD DR. STERLING HEIGHT MI 48310 (313) 268-9393
SENSORS, R.F. CURRENT FISCHER CUSTOM COMMS. HAWTHORNE CA 90250
SEPARATORS COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
SEWING MACHINE PARTS/SPLS JOSE A. VAZQUEZ P.O. BOX 5043 CAROLINA PR 00628 (809) 768-9430
SEWING MACHINES CENTRAL SHOP 161 LEWIS STREET LYNN MA 01902 (617) 593-1963
SEWING MACHINES SEWING EQUIP. SPECIALISTS P.O. BOX 70120 SAN JUAN PR 00936-7120 (809) 783-8186
SEWING MACHINES SOUTHEAST MACHINE COMPANY 204 APPLE LANE NEWPORT NEWS VA 23602-5990 (804) 595-7968
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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SEWING MACHINES, HVY. DUTY WESTERN GLOVE MFG., INC. P.O. BOX 5525 COMPTON CA 90224-5525 (213) 636-1401
SHACKLES MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
SHEETMETAL SUPERIOR MACHINE SHOP JACKSON MS 39205
SHEETMETAL, PRECISION F & S MANUFACTURING CO. 232 COMMERCIAL GARLAND MN 55447-4852 (612) 353-1300
SHIMS SAN DIEGO SHIM & ALIGNMT SAN DIEGO CA 92138
SHIPBUILDING/REPAIR ANCHOR MARINE, INC. GULF SHORES AL 36542
SIGNAL DEVICES FTS INTERNATIONAL 417 S. ASSOCIATED RD/A421 BREA CA 92621-5821 (714) 255-9927
SIGNS, STREET NORTHLAKE MAINTENANCE MANDEVILLE LA 70448
SMOKE ALARMS PHILADELPHIA/PA FIRE 5111 CHESTNUT STREET PHILADELPHIA PA 19139-3430 (215) 472-1000
SOLVENTS EMULTEC, INC. 3361 GARDEN BROOK DR. DALLAS TX 75234 (214) 247-7766
SOY SAUCE MANDARIN SOY SAUCE, INC. MIDDLETOWN NY 10940
SPRINKLERS PROTECTION SPECIALISTS P.O. BOX 59 BRIARCLIFF NY 10510 (914) 941-4463
SPRINKLERS R. VILLARIN AUTO FIRE 100 W. 35TH ST. #5 NATIONAL CITY CA 92050-7925 (619) 454-5380
SPRINKLERS, IRRIGATION NABOURS PLUMBING, INC. 3201 CENTER STREET LAKE CHARLES LA 70601-8627 (318) 478-4310
STAIRS RMC CONSTRUCTION CO. P.O. BOX 100621 FORT WORTH TX 76185 (817) 338-0802
STAIRS, METAL CORONADO STEEL CORP. 5727 OBATA WAY GILROY CA 95020 (408) 848-5485
STARTERS GULF COAST MARINE & EQUIP. P.O. BOX 6076 METAIRIE LA 70009-6076 (504) 467-4487
STATIC CONTROL SYSTEM SENTRY PLASTICS & PACKAG. ATLANTA GA 30301
STEEL EVEREST VALVE COMPANY P.O. BOX 24295 HOUSTON TX 77022
STEEL & METAL PRODUCTS INDEPENDENT METAL SALES P.O. BOX 607 HAINESPORT NJ 08036 (609) 261-7224
STEEL, CARBON CROWN METAL CORP. 4221 SHILLING WAY DALLAS TX 75237-1024
STEEL, CARBON FLATROLL AMERICAN BASIC INDUSTRIES 13900 JOY ROAD DETROIT MI 48228 (313) 834-7700
STEEL, STAINLESS HURLEN CORPORATION 12831 MARQUARDT AVENUE SANTA FE SPRINGS CA 90670 (310) 921-0432
STEEL, STAINLESS METALMART, INC. WHITTIER CA 96096
STEEL, STAINLESS MGG PIPE & SUPPLY CO. 228 ST. CHARLES STE 1136 NEW ORLEANS LA 70130 (504) 523-6990
STEEL, STAINLESS SHEET COMBINED METALS OF TEXAS DALLAS TX 75221
STEM EQUIPMENT MAINTENANCE MACJEWEL TOOL DEVELOPMENT P.O. BOX 321 MIDDLETOWN PA 17057-0321 (717) 939-5562
STRAINERS AMATECH CORP. P.O. BOX 1428 LONG ISLAND CITY NY 11101-0428 (718) 392-7575
STRAINERS EVEREST VALVE COMPANY P.O. BOX 24295 HOUSTON TX 77022
STRAINERS FAB INDUSTRIES, INC. 6300 LONG DRIVE HOUSTON TX 77087
STRAINERS FLO ENTERPRISES 7557 RAMBLER RD. STE 750 DALLAS TX 75234 (214) 368-4631
STRAINERS MIC ENTERPRISES 2142 LEHIGH STATION ROAD PITTSFORD NY 14534-2663 (716) 624-2090
STRAINERS PROIN, INC. P.O. BOX 86312 LOS ANGELES CA 90086 (213) 587-5883
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AVONDALE INDUSTRIES, INC. - SMALL DISADVANTAGED BUSINESS SOURCE LIST
10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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STRAINERS QUALITY ASSURED PRODUCTS 9131 SAN LEANDRO ST. OAKLAND CA 94603-1235 (415) 569-3614
STRAINERS S.E. BURKS SALES CO. 2518 WACO STREET RICHMOND VA 23294 (804) 672-8885
STRAINERS & TRAPS OKLAHOMA STEAM 15324 E. 13TH ST. TULSA OK 74108-4709 (918) 437-3500
STRAINERS & VALVES WEBSTER PIPING & SUPPLY P.O. BOX 2323 FLORENCE AZ 35630-0323 (205) 766-6272
STRAINERS, PAINT INNOVATIVE PRODUCTS, INC. 4967 ENERGY WAY RENO NV 89502-4105 (702) 329-7887
STUDS PRODUCTION PIPING, INC. 201 CARDINAL DRIVE LAFAYETTE LA 70508-4452 (318) 837-9961
SUBCONTRACT (CLERICAL) DARNIA AGENCY 10801 NATL. BLVD., STE 100 LOS ANGELES CA 90064 (310) 470-4437
SUBCONTRACT (COMPUTER) COMPUTER SOLUTIONS & SRVCS 11000 MORRISON STE 108C NEW ORLEANS LA 70127 (504) 243-0451
SUBCONTRACT (COMPUTER) HEBCO, INC. 1601 S.E. 60TH STREET OKLAHOMA CITY OK 73149-5210 (405) 672-1461
SUBCONTRACT (COMPUTER) MEDIATECH, INC. 5891 S. GARNETT ROAD TULSA OK 74146-6812 (918) 254-6099
SUBCONTRACT (CONSULTANTS) CHANDER CONSULTANTS 12802 HUNTING BROOK HOUSTON TX 77099
SUBCONTRACT (DESIGN) AUTOMATED DESIGN CENTERS 1149 W. 190TH ST., STE 1004 GARDENA CA 90248 (310) 327-7744
SUBCONTRACT (PRODUCTION) A.M.E., INC. P.O. BOX 397 NORCO LA 70079 (504) 566-1260
SUBCONTRACT (PRODUCTION) J.E.T. & ASSOCIATES 51705 PACE ROAD SLIDELL LA 70461 (504) 645-8748
SUBCONTRACT (PRODUCTION) OCEAN TECHNICAL SERVICES 634 PETERS ROAD HARVEY LA 70058 (504) 364-1572
SUBCONTRACT (PRODUCTION) TEXCOM, INC. 801 WATER STREET, STE 500 PORTSMOUTH VA 23704 (804) 397-0035
SUBCONTRACT (SECURITY) BAYOU STATE SECURITY 7228 EARHART EXPRESSWAY NEW ORLEANS LA 70125-2607 (504) 523-2593
SUBCONTRACT (TECHNICAL) RESEARCH MANAGEMENT P.O. BOX 61547 VIRGINIA BEACH VA 23466 (804) 499-1009
SUBCONTRACT (TECHNICAL) SYSTEMS APPLICATION & TECH. 2201 STATHAM BLVD. OXNARD CA 93033 (805) 487-7373
SUBCONTRACT PERSONNEL GLI TECHNICAL SERVICES 3100 US HWY 90, STE 102 LULING LA 70070 (504) 758-6333
SUBCONTRACT SERVICE WORKFORCE SYSTEMS 2112 EASTMAN AVE STE 101 VENTURA CA 93003 (805) 658-6100
SUBCONTRACT SERVICE AMERICAN PRIDE, INC. 5084 BOWDON STREET MARRERO LA 70072 (504) 340-5274
SUBCONTRACT SERVICE HI-TEC ASSOCIATES, INC. 2000 E. LAMAR BLVD #560 ARLINGTON TX 76006 (817) 792-3373
SUBCONTRACT SERVICE TECHNICAL MARKETING, INC. P.O. BOX 8302 SHREVEPORT LA 71148-8302 (318) 861-7541
SUBCONTRACTING TECHNICO 2311 INGLESIDE ROAD NORFOLK VA 23513
SWITCHES, FLOW INTEK, INC. 751 INTEK WAY WESTERVILLE OH 43081 (614) 885-0301
SWITCHES, LIMIT RANDOLPH & VANDERGRIFF P.O. BOX 625 TULLAHOMA TN 37388 (615) 455-4531
SWITCHES, LIQUID LEVEL UNIVERSAL SENSORS/DEVICES 9205 ALABAMA AVE #C CHATSWORTH CA 91311-5871 (818) 998-7121
SWITCHES, PRESSURE COMPRESSORS & COMPONENTS 1812 JOY LAKE RD. LAKE CITY GA 30260-3660 (404) 362-9294
SWITCHES, PRESSURE/ROTARY ELECTRO NATIONAL CORP. P.O. BOX 402 CANTON MS 39046 (601) 859-5511
SWITCHES, PRESSURE/TEMP. B&B INSTRUMENTS, INC. 1810 BROAD RIPPLE, STE 7 INDIANAPOLIS IN 46220-2357 (317) 251-3811
SWITCHES, PRESSURE/TEMP. VALVATE ASSOCIATES 15925 MINNESOTA AVE PARAMOUNT CA 90723-4913 (213) 979-0505
SWITCHES, TEMPERATURE PANATEC COMPANY 111 W. WASHINGTON #1631 CHICAGO IL 60602-2710 (312) 593-5402
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
<TABLE>
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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TANK GAUGING SYSTEMS FLO-CONTROL, INC. P.O. BOX 13023 ATLANTA GA 30324-0023 (404) 875-8064
TANKS PACIFIC MACHINE WORKS 1008 S.E. FLINT ROSEBURG OR 97470 (503) 672-5855
TECHNICAL SUPPORT SEA TECHNICAL INTL. CORP. P.O. BOX 9136 VIRGINIA BEACH VA 23450-9136 (804) 468-0011
TELECOMMUNICATIONS TELAMON CORPORATION INDIANAPOLIS IN 46204
TELEPHONE SYSTEMS ADVANCED INNOVATIVE TECH. 4711 TROUSDALE DRIVE #24 NASHVILLE TN 37220-1309 (615) 331-3626
TEXTILE ITEMS FABRICATED TECHNOLOGY 4021 CONFLANS ROAD IRVING TX 75061 (214) 986-0640
TILE, SALES/INSTALLATION WALTER JAMES CARPET/FLOOR MONROE LA 71203
TITANIUM HURLEN CORPORATION 12831 MARQUARDT AVENUE SANTA FE SPRINGS CA 90670 (310) 921-0432
TOOLS SEAM IMPORT & EXPORT 3470 CAESAR DRIVE NEW ORLEANS LA 70114-9208 (504) 361-9033
TOOLS, AIR COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
TOOLS, HAND SEALAND INDUSTRIAL SUPPLY 1838 CAROLINA BEACH RD. WILMINGTON NC 28401 (919) 762-7978
TOOLS, HAND SOUTH CENTRAL SUPPLY 719 MONROE STREET GRETNA LA 70053-2129 (504) 362-0100
TOOLS, HAND & MEASURING SHERMAN ENTERPRISES, INC. 3111 S. VALLEY VIEW RD LAS VEGAS NV 89102-0332 (800) 327-8265
TOOLS, HAND/POWER/MACHINE D-C TOOL COMPANY 6729 BRIDGE STREET FORT WORTH TX 76112 (800) 345-4681
TOOLS, LOCKSMITH MERIT INTL ENTERPRISE P.O. BOX 450370 MIAMI FL 33245-0370 (800) 323-8324
TOOLS/HARDWARE ESP INDUSTRIES, INC. 4562 ALVARADO CANYON/#8 SAN DIEGO CA 92120
TRANSDUCERS KEY TRANSDUCERS, INC. 40200 BRENTWOOD DR STERLING HEIGHT MI 48310 (313) 268-9393
TRANSFORMERS SEAM IMPORT & EXPORT 3470 CAESAR DRIVE NEW ORLEANS LA 70114-9208 (504) 361-9033
TRANSFORMERS & COILS COILS UNLIMITED 315 GUSS HIPP BLVD ROCKLEDGE FL 32955-4806 (407) 631-0554
TRANSPORTABLE COMPONENTS DATA-COM, INC. RICHARDSON TX 75080
TRASH COMPACTORS A-A APPLIANCE P.O. BOX 27703 HOUSTON TX 77227-7703 (713) 467-0215
TRASH COMPACTORS PRYOR'S HAULING COMPANY RR 1 BOX 293 GLEN ALLEN VA 23060-9801 (804) 747-0210
TRUCK/AUTO REPAIR FUEL SOURCES, INC. 209 PLAUCHE COURT HARAHAN LA 70119 (504) 733-8875
TRUCKING TRANSPORT ROBERTS TRUCKING CO., INC. ALBANY GA 31706
TRUCKLOAD TRANSPORT RAVEN TRANSPORT CO., INC. JACKSONVILLE FL 32201
TRUCKS, FORKLIFT BART INTERNATIONAL 31229 LA BAYA DR 110-584 THOUSAND OAKS CA 91362-4089 (818) 991-7220
TRUCKS, FORKLIFT G & C TRUCK REPAIR, INC. 7615 TROPIC DR W. MELBOURNE FL 32904
TRUCKS, FORKLIFT HAWAIIAN LIFT TRUCK, INC. P.O. BOX 17336 HONOLULU HI 96817-0336 (808) 847-0623
TRUCKS, FORKLIFT LIFT PARTS SERVICE CO. 6548 TELEGRAPH RD COMMERCE CA 90040-2518 (213) 724-6700
TRUCKS, FORKLIFT MJT CORPORATION 1624 S. CLINTON STREET CHICAGO IL 60616-1110 (312) 942-0226
TRUCKS, FORKLIFT QUALITY MATERIAL HANDLING 1012 KEN-O-SHA IND. DRIVE GRAND RAPIDS MI 49508 (616) 452-2177
TRUCKS, FORKLIFT U.S. MATERIALS HANDLING P.O. BOX 366 UTICA NY 13503-0366 (315) 732-4111
TRUCKS, HAND J S ENTERPRISES 14922 NEWPORT AVENUE #J TUSTIN CA 92680-6114 (714) 851-6457
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
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TRUCKS, HAND M & M MANUFACTURE 2986 1ST STREET LA VERNE CA 91750-5678 (714) 596-6205
TRUCKS, PLATFORM BMH EQUIPMENT, INC. P.O. BOX 1621C9 SACRAMENTO CA 95814
TUBE EXPANDERS JAMES SCROGGINS & COMPANY S. HOUSTON TX 77587
TUBES, VENTURI ENERGY FLOW SYSTEMS, INC. P.O. BOX 14127 HOUSTON TX 77221-4127 (713) 747-3569
TUBING SHAWN RENA CORPORATION P.O. BOX 2828 INDIANAPOLIS IN 46223-0001 (317) 293-8304
TUBING & SLEEVING A.C.C.E. 4895 COLD CREEK COURT SUGAR HILL GA 30518 (404) 945-8991
VALVES A.L. HACKER CO., INC. 7606 EASTERN AVE. BALTIMORE MD 21224-1921 (301) 686-9300
VALVES ALADDIN EQUIP. OF LA BATON ROUGE LA 70821
VALVES ANIBAL L. ARSUAGA, INC. P.O. BOX 71362 SAN JUAN PR 00936-7326 (809) 754-9494
VALVES B & M OILFIELD SUPPLY P.O. BOX 400 BROUSSARD LA 70518 (318) 837-2771
VALVES C.A. WHITE WIRELINE P.O. BOX 156 CASPER TX 75237
VALVES CARDAW SUPPLIES, INC. P.O. BOX 15760 CINCINNATI OH 45215 (513) 821-2300
VALVES COLDON SUPPLY CO., INC. P.O. BOX 8070 NEW ORLEANS LA 70182-8070 (504) 947-0496
VALVES COMPRESSORS & COMPONENTS 1812 JOY LAKE RD LAKE CITY GA 30260-3660 (404) 362-9294
VALVES CRESCENT CITY IND. SUPPLY CANAL PLACE #2300 NEW ORLEANS LA 70130-1135 (504) 529-7474
VALVES DAYTON FOUNDRY CO. 1320 S. ALAMEDA AVE. COMPTON CA 90221 (213) 636-1251
VALVES DON WOLF & ASSOCIATES 6218 SALE AVE. WOODLAND HILLS CA 91367-1725 (818) 348-6756
VALVES ENGINEERED PROCESS EQUIP. P.O. BOX 52345 ATLANTA GA 30355 (404) 594-8402
VALVES ENVIRO SYSTEMS, INC. P.O. BOX 1260 SEMINOLE FL 34642
VALVES EVEREST VALVE COMPANY P.O. BOX 24295 HOUSTON TX 77022
VALVES FLO ENTERPRISES 7557 RAMBLER RD. STE 750 DALLAS TX 75234 (214) 368-4631
VALVES FLO-CONTROL, INC. P.O. BOX 13023 ATLANTA GA 30324-0023 (404) 875-8064
VALVES FLORIDA THREADED PRODUCTS 3060 CLEMSON RD ORLANDO FL 32808 (407) 299-8622
VALVES GARZA INTERNATIONAL P.O. BOX 270179 HOUSTON TX 77277 (713) 522-7272
VALVES GULF COAST MARINE & EQUIP P.O. BOX 6076 METAIRIE LA 70009-6076 (504) 467-4487
VALVES HOLLEY TOOL COMPANY P.O. BOX 17765 MILWAUKEE WI 53217-0765 (414) 466-1008
VALVES HOSE HOUSE, INC. P.O. BOX 41 PLANO TX 75074 (214) 881-0282
VALVES IPS CORPORATION P.O. BOX 640237 KENNER LA 70064-0237 (504) 469-5731
VALVES J. T. DISTRIBUTORS 5448-403 HOFFNEB AVENUE ORLANDO FL 32812 (407) 273-7517
VALVES JHS & SONS SUPPLY CO. 544-48 E. HAINES STREET PHILADELPHIA PA 19144 (215) 843-7210
VALVES KEYSTONE VALVES HOUSTON TX 77001
VALVES KULEANA VALVE & FITTING P.O. BOX 3476 HONOLULU HI 96811-3476 (808) 521-7951
VALVES L & L MFG., INC. RR3 BOX 73 MARLOW OK 73055-9511 (405) 658-3739
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AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
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<CAPTION>
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COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
VALVES M & H INTERNATIONAL, INC. 85 W. ALGONQUIN RD ARLINGTON HGTS. IL 60005-4422 (312) 956-1182
VALVES M 4, INC. 230 SOUTH 2ND STREET WORMLEYSBURG PA 17043-1315 (717) 763-4747
VALVES MACJEWEL TOOL DEVELOPMENT P.O. BOX 321 MIDDLETOWN PA 17057-0321 (717) 939-5562
VALVES MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
VALVES MARSH VALVE & FOUNDRY CO. 307 BRIGHAM ROAD DUNKIRK NY 14048 (716) 366-6362
VALVES MASTER RESEARCH & MFG. 11445 ILEX AVENUE SAN FERNANDO CA 91340-3430 (818) 898-1461
VALVES MIC ENTERPRISES 2142 LEHIGH STATION ROAD PITTSFORD NY 14534-2663 (716) 624-2090
VALVES OKLAHOMA STEAM 15324 E. 13TH ST. TULSA OK 74108-4709 (918) 437-3500
VALVES PLC CONSULTING, INC. P.O. BOX 45376 BATON ROUGE OK 74116 (504) 928-3455
VALVES PRESTIGE PRODUCTS CO. 6406 PLYMOUTH AVENUE ST. LOUIS MO 63133-1912 (314) 721-6344
VALVES PRODUCTION PIPING, INC. 201 CARDINAL DRIVE LAFAYETTE LA 70508-4452 (318) 837-9961
VALVES QUALITY ASSURED PRODUCTS 9131 SAN LEANDRO ST. OAKLAND CA 94603-1235 (415) 569-3614
VALVES S.E. BURKS SALES CO. 2518 WACO STREET RICHMOND VA 23294 (804) 672-8885
VALVES SEALAND INDUSTRIAL SUPPLY 1838 CAROLINA BEACH RD. WILMINGTON NC 28401 (919) 762-7978
VALVES SHAWN RENA CORPORATION P.O. BOX 2828 INDIANAPOLIS IN 46223-0001 (317) 293-8304
VALVES SHERMAN ENTERPRISES, INC. 3111 S. VALLEY VIEW RD LAS VEGAS NV 89102-0332 (800) 327-8265
VALVES SOLEX INTERNATIONAL, INC. P.O. BOX 208 HARRISON NJ 07029 (201) 484-6661
VALVES VALCO SUPPLY, INC. 630-A MAY AVE. NORFOLK VA 23504 (804) 623-9000
VALVES VALVATE ASSOCIATES 15925 MINNESOTA AVENUE PARAMOUNT CA 90723-4913 (213) 979-0505
VALVES VALVE RESEARCH & MFG. CO. 466 S. MILITARY TRAIL DEERFIELD BEACH FL 33442-3009 (305) 427-0404
VALVES WATER & WASTE WATER EQP. P.O. BOX 9405 BOISE ID 83707-3405 (208) 377-0440
VALVES WORLD TECHNOLOGIES, INC. 1500 WAVERLY AVE. CINCINNATI OH 45214-1212 (513) 921-3400
VALVES & SOLENOIDS YS CONTROLS 3325 E. MIRALOMA #127 ANAHEIM CA 92806
VALVES, BALL C & C PRODUCTS P.O. BOX 1267 FOREST PARK GA 30051 (404) 362-9293
VALVES, FLOW CONTROL G.E. MCCLAIN ENTERPRISES 160 E. MONTECITO AVE. SIERRA MADRE CA 91024-1937 (818) 355-2395
VALVES, INDUSTRIAL DE JAC ENTERPRISES BIRMINGHAM AL 35202
VEHICLES COASTAL FORD MOBILE AL 36601
VENTILATORS SBH FOUNDING COMPANY 256 MARCY AVENUE BROOKLYN NY 11211 (718) 397-7190
VOICE DATA EQUIPMENT COMMUNICATIONS INTL. NORCROSS GA 30091
WASHERS, PRESSURE INDUSTRIAL STEAM CLEANERS JACKSON MS 39205
WATER COOLERS C.C. DISTILLER WATER CO. 3930 BALDWIN BLVD. CORPUS CHRISTI TX 75237
WATER COOLERS DRINK CLEAN WATER MKT. CO. 2100 SPRUCE STREET TRENTON NJ 08638 (609) 883-2727
WATER COOLERS KELVARD REFRIGERATION 2080 E. FREMONT ST. STOCKTON CA 95205-5057 (209) 463-5070
PAGE -28-
(SMDIS-C)
</TABLE>
<PAGE>
AVONDALE INDUSTRIES, INC.-SMALL DISADVANTAGED BUSINESS SOURCE LIST 10 MAY 1995
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------------------------------------------------
COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
WATER COOLERS SELECTO, INC. 2258 NORTHWEST PKWY #A MARIETTA GA 30067-9304 (404) 956-7062
WATER/WASTE TREATMENT EQUP ANIBAL L. ARSUAGA, INC. P.O. BOX 71362 SAN JUAN PR 00936-7326 (809) 754-9494
WEBBING COMPONENTS FABRICATED TECHNOLOGY 4021 CONFLANS ROAD IRVING TX 75061 (214) 986-0640
WELDER, RESISTANCE LEDTRONICS, INC. TORRANCE CA 90509
WELDING ANIBAL L. ARSUAGA, INC. P.O. BOX 71362 SAN JUAN PR 00936-7326 (809) 754-9494
WELDING F & S MANUFACTURING CO. 232 COMMERCIAL GARLAND MN 55447-4852 (612) 353-1300
WELDING EQUIPMENT AM-VAK CORPORATION P.O. BOX 1320 ABBEVILLE LA 70511-1320 (318) 893-2638
WELDING EQUIPMENT TECNI-SISTEMAS, INC. 2636A DELAWARE AVE. KENNER LA 70062-5412 (504) 466-2313
WELDING RINGS IMPERIAL WELD RING CORP. 80-85 FRONT STREET ELIZABETH NJ 07206 (201) 354-0011
WELDING SUPPLIES GONZALEZ INDUSTRIAL SPLY 12631 LOCKHAVEN AVE BATON ROUGE LA 70815-6542 (504) 647-9848
WELDING SUPPLIES THE PRIDE CORPORATION 3900 TULANE AVE #117 NEW ORLEANS LA 70119-6939 (504) 738-0278
WELDING SUPPLIES WORLDWIDE WELDING, INC. P.O. BOX 217006 CHARLOTTE NC 28221 (704) 596-0123
WELDING TOOLS STAINLESS STUFF 26 SAGINAW CIRCLE SACRAMENTO CA 95833-1039 (916) 921-6308
WELDING WIRE WASHINGTON ALLOY COMPANY PUYALLUP WA 98371
WHEELS RAMAR MATERIAL HANDLING P.O. BOX 3396 SOUTH EL MONTE CA 91733-0396 (818) 350-0767
WINCHES MARINE SERVICE & SUPPLY P.O. BOX 140 HARVEY LA 70059-0140 (504) 340-8601
PAGE -29-
(SMDIS-C)
</TABLE>
<PAGE>
LPD 17 PROPOSAL
[AVONDALE LOGO APPEARS HERE] Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
D. Subcontracting With Women-Owned Small Business Concerns
1. Principal Product and Service Areas to be Subcontracted to or
Solicited from Women-Owned Small Business Concerns
Women-Owned Small Business concerns have been provided the opportunity
to compete for subcontracts by their inclusion in the solicitation for the cost
proposal for the Detail Design and Construction of LPD 17 in the following
product and service areas, among others.
. Joiner work
. Piping materials
. Machinery components and fittings
. Electrical equipment
. Outfitting components
. Deck covering materials and installation
. Welding materials
. Construction services
. Sheetmetal fittings
. Insulation materials
2. Women-Owned Small Business Concerns Source List
The Women-Owned Small Business concerns solicited during the pricing for
the proposal for LPD 17 and the solicitation for procurement to follow were
taken from Avondale's records and from PASS, including the listing of FIGURE 3,
after page D-4. This list contains many concerns which are also listed in
FIGURE 1, the Small Business Source List.
3. Goals for Subcontracting to Women-Owned Small Business Concerns
Avondale's goals for subcontracting to Women-Owned Small Business
concerns are as follows, expressed in terms of percentages of total planned
subcontracting dollars.
D-1
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION
ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
[AVONDALE LOGO APPEARS HERE] Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
3.1 Item 0001 - Detail Design and Construction of LPD 17
a. Total dollars to be subcontracted:
$ 383,010,956.00
b. Percentage and dollar goals to be subcontracted to Women-Owned
Small Business:
2%, $ 7,660,219.00
3.2 Item 0002 - OPTION - Ship Construction - LPD 18
a. Total dollars to be subcontracted:
$ 230,832,545.00
b. Percentage and dollar goals to be subcontracted to Women-Owned
Small Business:
2%, $ 4,616,651.00
3.3 Item 0003 - OPTION - Ship Construction - LPD 19
a. Total dollars to be subcontracted:
$ 437,472,248.00
b. Percentage and dollar goals to be subcontracted to Women-Owned
Small Business:
2%, $ 8,749,445.00
3.4 Item 0004 - LPD Familiarization (Not Separately Priced)
3.5 Item 0005 - Technical Manuals (Not Separately Priced)
3.6 Item 0006AA - LPD 17 Material (Firm Fixed Price Item)
D-2
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION
ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
[AVONDALE LOGO APPEARS HERE] Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
3.7 Item 0006AB - OPTION - LPD 18 Material (Firm Fixed Price Item)
3.8 Item 0006AC - OPTION - LPD 19 Material (Firm Fixed Price Item)
3.9 Item 0007 - Perform Special Studies, Analyses, and Reviews (Cost
Plus Fixed Fee Item)
3.10 Item 0008 - Perform Engineering and Industrial Services (Firm
Fixed Price Item)
3.11 Item 0009 - OPTION - LPD 17 Class Life Cycle Support Planning -
Post Detail Design and Construction
a. Total dollars to be subcontracted:
$ 1,723,635.00
b. Percentage and dollar goals to be subcontracted to Women-
Owned Small Business:
2%, $ 34,473.00
3.12 Item 0010 - OPTION - Affordability Through Commonality (Firm
Fixed Price Item)
3.13 Item 0011 - Cross Program Procurement (Firm Fixed Price Item)
a. Total dollars to be subcontracted:
$ 80,000.00
b. Percentage and dollar goals to be subcontracted to
Women-Owned Small Business:
2%, $ 1,600.00
D-3
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION
ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
[AVONDALE LOGO APPEARS HERE] Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
3.14 Item 0012 - Data for Items 0001, 0004, 0005, 0006AA, 0007, 0008,
0010 and 0011 (and if Options are exercised, Items 0002, 0003,
0006AB, 0006AC, and 0009) (Not Separately Priced)
D-4
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION
ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
LPD 17 PROPOSAL
[AVONDALE LOGO APPEARS HERE] Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
FIGURE 3
WOMEN-OWNED SMALL BUSINESS
SOURCE LIST
USE OR DISCLOSURE OF DATE CONTAINED ON THIS SHEET SUBJECT TO THE RESTRICTION ON
THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
<TABLE>
<CAPTION>
AVONDALE INDUSTRIES, INC. - WOMEN-OWNED SMALL BUSINESS SOURCE LIST 25 JUNE 1996
- ------------------------------------------------------------------------------------------------------------------------------------
COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
TEMPERATURE XMITTER A & B DEVILLE, INC. P.O. BOX 131 WATSON LA 70786 (504)665-4210
OILS, LUBRICANTS A & M PETROLEUM, INC. P.O. BOX F GULFPORT MS 39502 (601)863-1183
OFFICE SUPPLIES A-Z OFFICE SUPPLY 5606 JEFFERSON HYW. HARAHAN LA 70123 (504)733-3290
DECKING ACCESS FLOOR SYSTEMS 4060 HWY 59 MANDEVILLE LA 70448 (504)892-8535
ENGINEER SUB-CONTRACTOR ADDITIONAL TECHNICAL P.O. BOX 9018 WALTHAM MA 02254 (800)666-5601
AIR CONDITIONING ADRICK MARINE CORP. 141-D CENTRAL AVE. FARMINGDALE NY 11735 (516)420-4747
A/C FAN CONTROL UNIT ADRICK MARINE CORP. 141-D CENTRAL AVE. FARMINGDALE NY 11735 (516)420-4747
OFFICE SUPPLIES ADVANCE PAPER COMPANY P.O. BOX 52976 NEW ORLEANS LA 70152 (504)943-5591
PAPER SUPPLIES ADVANCE PAPER COMPANY P.O. BOX 52976 NEW ORLEANS LA 70152 (504)943-5591
WELDING EQUIPMENT AIRCO GAS & GEAR INC. 505 COMMERSE POINT JEFFERSON LA 70123 (504)736-9338
DOCK MACHINERY ALMON A. JOHNSON, INC. 615 HOPE ROAD, BLDG 1-B EATONTOWN NJ 07724 (908)935-9500
VENTILATION ANDERSON METAL IND. 1385 PITTSBURGH ROAD FRANKLIN PA 16323 (814)437-7814
DESIGN SERVICES APOLLO DESIGN SERVICE P.O. BOX 1883 HAVERHILL MA 01831 (800)878-2556
CABLE, ELECTRIC ATLANTIC CABLE INTL. 340 GARDEN OAKS BLVD. HOUSTON TX 77018 (800)245-5660
QUICK RELEASE PINS AVIBANK MFG. INC. P.O. BOX 391 BURBANK CA 91503 (818)843-4330
INSERTS/RIVET NUTS AVIBANK MFG. INC. P.O. BOX 391 BURBANK CA 91503 (818)843-4330
NAVIGATION EQUIPMENT BAKER, LYMAN & COMPANY P.O. BOX 838 METAIRIE LA 70004 (504)831-3685
GASKETS, HOSE, ETC. BUCKEYE RUBBER PRODUCT P.O. BOX 389 LIMA OH 45801 (419)228-4441
HOSES & FITTINGS C.V. HAROLD RUBBER CO. P.O. BOX 13688 NEW ORLEANS LA 70185 (504)821-5944
JOINTS, EXPANSION C.V. HAROLD RUBBER CO. P.O. BOX 13688 NEW ORLEANS LA 70185 (540)821-5944
ABRASIVE PRODUCTS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
CHAINS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
ELECTRONICS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
FASTENERS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
FITTINGS & FLANGES CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
HEATERS, ELECTRIC CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
HOSES & FITTINGS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
LUBRICANTS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
PIPE & FITTINGS CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
PLUMBING FIXTURES CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
TAPE CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
TOOLS, CUTTING CAL-WEST PRODUCTS 7538 TRADE STREET SAN DIEGO CA 92121 (619)566-8484
USED TRAILERS CANONS PARK INVESTMENT 4012 GEORGETOWN DRIVE METAIRIE LA 70001 (504)887-7431
ELECTRICAL CONNECTORS CENTRAL CONNECTORS 5 OLD WYCK COURT MANALAPAN NJ 07726 (908)972-2626
ELECTRICAL CONNECTORS COASTAL COMPONENT IN 1571 S. SUNKIST STREET #F ANAHEIM CA 92806 (714)978-0801
ELECTRICAL CONNECTORS CONTEC DISTRIBUTION 8401 CLAUDE THOMAS ROAD, ST 2 FRANKLIN OH 45005 (513)746-8252
TUBE FITTINGS CRS CONTROLS P.O. BOX 51869 NEW ORLEANS LA 70151 (504)522-9613
McMASTER CARE PARTS D & D SAW AND SUPPLY 6162 MISSION GARGE RD SAN DIEGO CA 92120 (800)876-5553
STRAP ASSY. DAVIS AIRCRAFT 1150 WALNUT AVE. BOHENIA NY 11716 (516)563-1500
TOWING E.N. BISSO & SON, INC. 2121 AIRLINE HWY., SUITE 503 METAIRE LA 70001 (504)828-3296
ELECTRIC WIRE & CABLE E.S. WIRE & CABLE 24612 E. HIGHWAY 50 CHRISTMAS FL 32709 (407)568-5753
INSULATION EAGLE, INC. P.O. BOX 51568 NEW ORLEANS LA 70151 (504)522-7781
RIGGING HARDWARE ELISHA WEBB & SON CO. 315 EAST HUNTING PARK AVE. PHILADELPHIA PA 19124 (215)535-2628
ADHISIVES SEALANTS ETC. EMULTEC, INC. 3500 GARDEN BROOK DR. DALLAS TX 75234 (214)247-7766
DIVERS (Under Water) EPIC DIVERS 1558 MacARTHUR AVE. HARVEY LA 70058 (504)340-5252
PAGE 1
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
AVONDALE INDUSTRIES, INC. - WOMEN-OWNED SMALL BUSINESS SOURCE LIST 25 JUNE 1996
- ------------------------------------------------------------------------------------------------------------------------------------
COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
QUICK RELEASE PINS ESP INDUSTRIES 4562 AVARADU CANYON RD. SAN DIEGO CA 92120-431 (800)932-8341
CANVAS CORNERS FOSTER CO., INC. P.O. BOX 3578 NEW ORLEANS LA 70177 (504)279-8253
BUNTING MATERIAL FOSTER CO., INC. P.O. BOX 3578 NEW ORLEANS LA 70177 (504)279-8253
EP2 GREASE CARTRIDGES GENERAL LUBRICANTS INC. P.O. BOX 20101 NEW ORLEANS LA 70141 (504)467-5486
GASKETS GULF BELTING & GASKET CO. P.O. BOX 51869 NEW ORLEANS LA 70151 (504)522-9613
GASKETS GULF BELTING & GASKET CO. P.O. BOX 51869 NEW ORLEANS LA 70151 (504)522-9613
JOINTS, EXPANSION GULF BELTING & GASKET CO. P.O. BOX 51869 NEW ORLEANS LA 70151 (504)522-9613
NOZZLES, FOG WATER GULF BELTING & GASKET CO. P.O. BOX 51869 NEW ORLEANS LA 70151 (504)522-9613
PLASTIC WRAP HIPP PLASTIC WRAP 4070 KEARNY MESA ROAD SAN DIEGO CA 92111 (619)541-2960
TELEPHONE EQUIPMENT HOSE-MCCANN TELEPHONE CO. 1241 WEST NEWPORT CENTER DR DEERFIELD BEA FL 33442 (305)429-1110
SWITCHBOARDS INTERNATIONAL SWITCH P.O. BOX 2001 SUGARLAND TX 77487 (713)565-7022
FILTERS, TOOLS, ETC. JESCO SALES P.O. BOX 443 WEST LAKE LA 70669 (318)433-3145
GREASES, OILS, LUBES JOHN W. STONE DISTRIBUTION P.O. BOX 2010 GRENTA LA (504)366-3401
ELECTRICAL EQUIPMENT L.C. DOANE COMPANY P.O. BOX 486 ESSEX CT 06426 (203)767-8295
LAB EQUIPMENT LECO CORPORATION 600 KENRICK DR. SUIT C-18 HOUSTON TX 77060 (713)931-0000
CABLE, ELECTRIC LONG ELECTRICAL SUPPLY P.O. BOX 30320 NEW ORLEANS LA 70190 (504)524-8383
ELECTRICAL EQUIPMENT LONG ELECTRICAL SUPPLY P.O. BOX 30320 NEW ORLEANS LA 70190 (504)524-8383
HEATERS, ELECTRIC LONG ELECTRICAL SUPPLY P.O. BOX 30320 NEW ORLEANS LA 70190 (504)524-8383
TRANSFORMERS LONG ELECTRICAL SUPPLY P.O. BOX 30320 NEW ORLEANS LA 70190 (504)524-8383
ANALYTICAL SERVICES LUBRIPORT LAB. 1650 AIRLINE HWY. KENNER LA 70062 (504)464-1734
LUMBER, HARDWARE LUMBER PRODUCTS, INC. P.O. BOX 9510 METAIRE LA 70055 (504)834-8444
GAGES, LIQUID LEVEL MARTIN BRASS WORKS 175-44 LIBERTY AVE. JAMAICA NY 11433 (718)523-3146
FILING SYSTEMS MATHEWS OFFICE SYSTEM 3300 28TH STREET METAIRIE LA 70002 (504)837-9496
OFFICE FURNITURE MATHEWS OFFICE SYSTEM 3300 28TH STREET METAIRIE LA 70002 (504)837-9496
(VENT) PREFILTERS FOR CBR MET-PRO CORP.(KEY. FIL. DI) 2385 NORTH PENN ROAD HATFIELD PA 19440 (215)822-1963
ENGINEERING SERVICES MINIT GROUP, INC. P.O. BOX 740685 NEW ORLEANS LA 70174 (504)529-6877
ALARM SYSTEMS MURRAY BENJAMIN CO. INC. 174 VANDERBILT AVENUE BROOKLYN NY 11205 (718)596-2100
AMPLIFIER, SYNCHRO SYSTEM MURRAY BENJAMIN CO. INC. 174 VANDERBILT AVENUE BROOKLYN NY 11205 (718)596-2100
CABLE, ELECTRIC MURRAY BENJAMIN CO. INC. 174 VANDERBILT AVENUE BROOKLYN NY 11205 (718)596-2100
LIGHT FIXTURES MURRAY BENJAMIN CO. INC. 174 VANDERBILT AVENUE BROOKLYN NY 11205 (718)596-2100
TAPE, SCOURING PADS OLIVER H. VAN HORN CO. P.O. BOX 50427 NEW ORLEANS LA 70150 (504)821-4100
THREADED INSERTS OLIVER H. VAN HORN CO. P.O. BOX 50427 NEW ORLEANS LA 70150 (504)821-4100
THERMOMETERS OMEGA ENGINEERING INC. ONE OMEGA DRIVE, P.O. BOX 404 STANFORD CT 06907 (203)359-1660
ENGINEERING SERVICES PCS TECHNICAL SERVICE P.O. BOX 126 OCEAN SPRING MS 39566 (601)875-9887
PHOTOLUMINESCENT KITS PLANTINUM SOUND 5150 S. PECOS ROAD LAS VEGAS NV 89120 (702)898-3510
ALARM SYSTEMS POTTER ELECTRIC, INC. 1401 THIRD STREET SAN FRANCISCO CA 94107
ELECTRONICS RALPH'S IND. ELECTRONICS P.O. BOX 107 BATON ROUGE LA 70821 (504)525-8871
COATINGS REILLY-BENTON CO. INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504)586-1711
FILTERS REILLY-BENTON CO. INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504)586-1711
FOAM, POLYURETHANE REILLY-BENTON CO. INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504)586-1711
INSULATION REILLY-BENTON CO. INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504)586-1711
VENTILATION EQUIPMENT REILLY-BENTON CO. INC. P.O. BOX 52346 NEW ORLEANS LA 70152 (504)586-1711
CANVAS CORNERS ROE AWNING & CANVAS P.O. BOX 1389 GRETNA LA 70054-1389 (504)367-0606
MARINE COATINGS SAN JACINTO PAINT MF P.O. BOX 300285 HOUSTON TX 77230 (713)433-6888
REFRIGERATED CLIMATE CHAMBE SCIENTIFIC CLIMATE SYSTEMS 9700 RICHMOND AVE., STE. 211 HOUSTON TX 77042 (713)781-6447
PAGE 2
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
AVONDALE INDUSTRIES, INC. - WOMEN-OWNED SMALL BUSINESS SOURCE LIST 25 JUNE 1996
- ------------------------------------------------------------------------------------------------------------------------------------
COMMODITY VENDOR ADDRESS CITY STATE/ZIP TELEPHONE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
GASKETS/PACKING SEA-RO PACKING CO. P.O. BOX 225 WOODRIDGE NJ 07075 (201)478-7360
MARINE COATINGS SEAGUARD COATINGS 3560 ELM AVE. PORTSMOUTH VA 23704 (804)397-2223
FLANGES & PIPE FITTINGS SIMS & SIMS STAINLESS 1327 BENTON LANE DENHAM SPRIN LA 70726 (504)667-9497
TUBE FITTINGS SOUTHEAST FITTING 10434 MAMMOTH AVE. BATON ROUGE LA 70814 (504)925-8149
ELECTRONICS SOUTHERN ELECTRONICS 1909 TULANE AVE. NEW ORLEANS LA 70112 (504)524-2343
ILS/COSAL STEAMLINE BUSINESS 9173 WOODRUN PL PENSACOLA FL 32514 (904)479-4851
CLEANERS T & T CLEANERS 439 FIRST AVE. HARVEY LA 70058 (504)341-4821
ELECTRICAL, WIRE THE WINSAR CORPORATION P.O. BOX 880 MADISONVILLE LA 70447-0880 (504)845-8346
NSN ITEMS UNITED MARINE SUPPLY 23520 TELO AVE. #6 TORRANCE CA 90505 (310)784-1960
SPARE PARTS UNITED MARINE SUPPLY 23520 TELO AVE. #6 TORRANCE CA 90505 (310)784-1960
MEDICAL ITEMS VWR SCIENTIFIC P.O. BOX 5025 SUGAR LAND TX 77487 (713)240-4700
ALARM SYSTEMS YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504)581-6292
AMPLIFIER, SYNCHRO SYSTEM YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504)581-6292
ELECTRICAL EQUIPMENT YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504)581-6292
NAVIGATION EQUIPMENT YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504)581-6292
PANELS, ELECTRICAL YOUNG ENGINEERING CO. P.O. BOX 50327 NEW ORLEANS LA 70150 (504)581-6292
PAGE 3
</TABLE>
<PAGE>
LPD 17 PROPOSAL
[AVONDALE LOGO APPEARS HERE] Solicitation N00024-96-R-2101
SMALL BUSINESS PLAN
Flow-Down Clauses Pertaining to Small, Small Disadvantaged, and Women-Owned
Small Business Concerns
Avondale Industries, Inc., has teamed with three other companies to form
the Avondale Alliance to meet the challenge of the LPD 17 program: Bath Iron
Works (subcontractor); Hughes Aircraft Company (subcontractor); Intergraph
Corporation (vendor). All four alliance member companies are major concerns.
This Plan for subcontracting to Small Business, Small Disadvantaged
Business, and Women-Owned Small Business concerns will be flowed down to the
Alliance member companies.
Also, the clauses of the Plan and the requirements of FAR 52.219-9
"Small, Small Disadvantaged, and Women-Owned Small Business Subcontracting Plan
(October 1995) and Alternate II (March 1996)" will be flowed down to all
companies to which Avondale will issue purchase orders and/or subcontracts.
USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE
RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL OR QUOTATION.
<PAGE>
N00024-97-C-2202
ATTACHMENT J-0041
FINANCIAL ACCOUNTING DATA (FAD) SHEET
<PAGE>
<TABLE>
<CAPTION>
FINANCIAL ACCOUNTING DATA SHEET - NAVY
<S> <C> <C> <C> <C>
- ----------------------------------------------------------------------------------------------------------------------------------
1. CONTRACT NUMBER (CRITICAL) 2. SPIN (CRITICAL) 3. MOD (CRITICAL) 4. PR NUMBER
N0002497C2202 BASIC N0002496R2101
- ----------------------------------------------------------------------------------------------------------------------------------
5. 6. LINE OF ACCOUNTING
------------------------------------------------------------------------------------------------------------------------
A. B. C. D. E. F. G. H. I. J. K.
CLIN/SLIN ACRN APPROPRIATION SUBHEAD OBJ AR RFM SA AAA TT PPA COST CODE
(CRITICAL) (CRITICAL) (CRITICAL) CLA (CRITICAL) --------------------
PROJ PDLI
UNIT MCC & SUF
- ----------------------------------------------------------------------------------------------------------------------------------
0001 AA 1761711 8317 000 WA WTB 0 068342 2D 000000 07207 200 0000
0011 AB 1761711 8317 000 WA WTB 0 068342 2D 000000 07207 200 0000
PAGE _ OF _
NAVY INTERNAL
7. AMOUNT USE ONLY
(CRITICAL) REF DOC/ACRN
- ------------------------------------------------------------------------------------------------------------------------------------
$581,109,833.00 NOOO2496AF28317
$2,375,885.00 N0002496AF28317
PAGE TOTAL $583,485,718.00
---------------
GRAND TOTAL
- ------------------------------------------------------------------------------------------------------------------------------------
PREPARED/AUTHORIZED BY: COMPTROLLER APPROVAL:
/s/ Jan Paul Hope /s/ V.H. Ackley
----------------------- -----------------------
DATE: 12-12-96 JAN PAUL HOPE, PMS317F DATE: 12/17/96 V.H. ACKLEY
Deputy Commander/Comptroller
- ------------------------------------------------------------------------------------------------------------------------------------
</TABLE>
<PAGE>
[AVONDALE LOGO APPEARS HERE]
November 6, 1996
Department of the Navy
Naval Sea Systems Command 02913
National Center Building #3
Room 5E40
2531 Jefferson Davis Highway
Arlington, Virginia 22242-5160
Attention: Ms. Teresa J. Ryan, Code 02224
Contracting Officer
Subject: Best and Final Offer (BAFO) to Solicitation N00024-96-R-
2101 for the LPD 17 Amphibious Transport Dock Ship
Detail Design and Construction
References: (a) NAVSEA letter 4200; Ser: 02224/2666 of November 1, 1996
(b) AII letter of October 18, 1996 (response to Amendment
14)
Enclosures: (1) Two copies of SF33 packages (Sections A thru J)
reflecting Contract Number N00024-97-C-2202 including
Section B Pricing for the FPP and CPP propeller
alternatives
(2) Two bound hard copies of Price proposal response to
Enclosure (2) of Reference (a).
(3) Two electronic (CD-ROM) copies of Enclosure (2) and
Section B pricing.
(4) Two bound hard copies of Non-Price proposal responses to
Enclosure (3) of Reference (a).
(5) Two electronic (CD-ROM) copies of Enclosure (4).
Dear Ms. Ryan:
In response to reference (a):
Enclosure (1), reflecting pricing identical to that provided by
reference (b) in response to Amendment 14, is hereby provided.
<PAGE>
Department of the Navy Page 2
Attention: Ms. Teresa J. Ryan, Code 02224 November 6, 1996
In addition, enclosures (2) through (5) provide responses to the
questions provided by reference (a). Enclosures (2) and (3) contain the Price
proposal response. Enclosures (4) and (5) contain the Non-Price proposal
responses. There are no changes to either the Non-Price or the Price proposals.
Receipt of Amendments 0001 through 0016 is hereby acknowledged.
Avondale recognizes the right of the Government to incorporate any
portion of its proposal deemed advantageous to the Government into the resulting
contract. Further, Avondale agrees that all responses to discussion questions
are considered to be part of its BAFO proposal.
This BAFO is valid until January 20, 1997. No exceptions are taken to
the requirements of the solicitation.
Very truly yours,
AVONDALE INDUSTRIES, INC.
/s/ Albert L. Bossier, Jr.
- ----------------------------
Albert L. Bossier, Jr.
Chairman, President,
and Chief Executive Officer
ECM:jm
<PAGE>
BEST AND FINAL OFFER
NOVEMBER 6, 1996 SUBMITTAL
PROGRAM
SOLICITATION NUMBER: N00024-96-R-2101
[PICTURE APPEARS HERE]
Prepared for: This proposal includes data that shall not
NAVAL SEA SYSTEMS COMMAND be disclosed outside the Government and
shall not be duplicated, used, or
disclosed--in whole or in part--for any
purpose other than to evaluate this
proposal. If, however, a contract is
awarded to this offeror as a result of--or
in connection with--the submission of this
data, the Government shall have the right
to duplicate, use, or disclose the data to
the extent provided in the resulting
contract. This restriction does not limit
the Government's right to use information
Prepared by: contained in this data if it is obtained
THE AVONDALE ALLIANCE from another source without restriction.
5100 River Road The data subject to this restriction are
Avondale, Louisiana 70094 contained in all sheets.
[AVONDALE LOGO] [BATH IRON WORKS LOGO] [HUGHES LOGO] [INTERGRAPH LOGO]
<PAGE>
PART 1 - THE SCHEDULE
<TABLE>
<CAPTION>
<S> <C> <C> <C>
SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES
UNDER DPAS (15 CFR 350) DO-A3 1 0F 188
- --------------------------------------------------------------------------------------------------------------------------------
2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQ/PURCHASE
N00024-97-C-2202 N00024-96-R-2101 ([_]) SEALED BID (IFB) 08 APRIL 96
([X]) NEGOTIATED (RFP)
- --------------------------------------------------------------------------------------------------------------------------------
7. ISSUED BY N00024 6. ADDRESS OFFER TO (If other than Item 7)
NAVAL SEA SYSTEMS COMMAND DEPARTMENT OF THE NAVY
BUYER/SYMBOL: TERESA J. RYAN, 02224 NAVAL SEA SYSTEMS COMMAND, SEA 0291
2531 JEFFERSON DAVIS HWY 2531 JEFFERSON DAVIS HWY, RM 5E40
ARLINGTON, VA 22242-5160 ARLINGTON, VA 22242-5160
- --------------------------------------------------------------------------------------------------------------------------------
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and Bidder"
- ---------------------------------------------------------------------------------------------------------------------------------
SOLICITATION
- ---------------------------------------------------------------------------------------------------------------------------------
9. Sealed offers in original and one (1) signed copies for furnishing the supplies or services in the Schedule will be received at
the place specified in Item 8, or if hand carried, in the depository located in Block 8 until 2:00 E.T. 06NOV96
--------- -------
(Hour) (Date)
CAUTION - LATE Submissions. Modification, and Withdrawals: See Section L. Provision No. 52. 214-7 or 52. 215-10. All offers are
subject to all terms contained in this solicitation.
- ----------------------------------------------------------------------------------------------------------------------------------
10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) NO COLLECT CALLS
TERESA J. RYAN (703) 602-3102
- ----------------------------------------------------------------------------------------------------------------------------------
11. TABLE OF CONTENTS
- ----------------------------------------------------------------------------------------------------------------------------------
X'd SEC. DESCRIPTION PAGE(S) X'd SEC. DESCRIPTION PAGE(S)
- ----------------------------------------------------------------------------------------------------------------------------------
PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES
- ----------------------------------------------------------------------------------------------------------------------------------
X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 152
- ----------------------------------------------------------------------------------------------------------------------------------
X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
- ----------------------------------------------------------------------------------------------------------------------------------
X C DESCRIPTION/SPECS/WORK STATEMENT 19 X J LIST OF ATTACHMENTS 186
- ----------------------------------------------------------------------------------------------------------------------------------
X D PACKAGING AND MARKING 106 PART IV - REPRESENTATIONS AND INSTRUCTIONS
- ----------------------------------------------------------------------------------------------------------------------------------
X E INSPECTION AND ACCEPTANCE 109 K REPRESENTATIONS, CERTIFICATIONS
- --------------------------------------------------------------------- AND OTHER STATEMENTS OF OFFERORS
X F DELIVERIES OR PERFORMANCE 115
- ----------------------------------------------------------------------------------------------------------------------------------
X G CONTRACT ADMINISTRATION DATA 120 L INSTS., CONDS., AND NOTICES TO OFFERORS
- ----------------------------------------------------------------------------------------------------------------------------------
X H SPECIAL CONTRACT REQUIREMENTS 121 M EVALUATION FACTORS FOR AWARD
- ----------------------------------------------------------------------------------------------------------------------------------
OFFER (Must be fully completed by offeror)
- ----------------------------------------------------------------------------------------------------------------------------------
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52. 214-16. Minimum Bid Acceptance Period
- ----------------------------------------------------------------------------------------------------------------------------------
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 75 calendar days (60 days unless a
different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon
which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in
the schedule.
- -----------------------------------------------------------------------------------------------------------------------------------
13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
(See Section I, Clause No. 52. 232-8) % % % %
- -----------------------------------------------------------------------------------------------------------------------------------
14 ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO DATE AMENDMENT NO DATE
(The offeror acknowledges receipt of --------------------------------------------------------------------------------------
amendments to the SOLICITATION for --------------------------------------------------------------------------------------
offers and related documents SEE ATTACHED SHEET SEE ATTACHED SHEET
numbered and dated.) --------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------------
15A NAME CAGE CODE ICC97 FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND DUNS:14-462-0747 Avondale Industries, Inc. SIGN OFFER (Type or print)
ADDRESS CEC NO: Shipyards Division Albert L. Bossier, Jr.
OF P.O. Box 50280 Chairman, President and
OFFEROR TIN NO 39-1097012 New Orleans, LA 70150-0280 Chief Executive Officer
- -----------------------------------------------------------------------------------------------------------------------------------
15B. TELEPHONE NO. (Include 15C CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE
area code) ([_]) IS DIFFERENT FROM ABOVE ENTER
(504) 436-5001 SUCH ADDRESS IN SCHEDULE 6 NOV 1996
- -----------------------------------------------------------------------------------------------------------------------------------
AWARD (To be completed by Government)
- -----------------------------------------------------------------------------------------------------------------------------------
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
- -----------------------------------------------------------------------------------------------------------------------------------
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
[_] 10 U.S.C. 2304(c)( ) [_] 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
- -----------------------------------------------------------------------------------------------------------------------------------
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
- -----------------------------------------------------------------------------------------------------------------------------------
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD
DATE
- -----------------------------------------------------------------------------------------------------------------------------------
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
- -----------------------------------------------------------------------------------------------------------------------------------
NSN 7540-01-152-8064 33-133 STANDARD FORM 33 (REV. 4-85)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
GPO 1985 0 461-275 (419) FAR (48 CFR) 53 214(c)
</TABLE>
<PAGE>
[LOGO OF AVONDALE APPEARS HERE] N00024-97-C-2202
AMENDMENT DATE RECEIVED
A0001 Not Dated
A0002 May 8, 1996
A0003 May 8, 1996
A0004 May 8, 1996
A0005 May 24, 1996
A0006 May 24, 1996
A0007 May 31, 1996
A0008 June 6, 1996
A0009 June 7, 1996
A0010 June 13, 1996
A0011 June 14, 1996
A0012 June 18, 1996
A0013 June 21, 1996
A0014 October 10, 1996
A0015 November 1, 1996
A0016 November 5, 1996
<PAGE>
N00024-97-C-2202
SECTION B--PRICING
NOTE: FOR (RRG/FPP) PROPULSION DRIVE TRAIN
ITEM SUPPLIES OR SERVICES AMOUNT
0001: DETAIL DESIGN AND CONSTRUCTION EST COST: $582,080,529
OF LPD 17 (SCN) BASE FEE: $0
(See Note G) AWARD FEE: $ 57,981,969
CPAF: $640,062,498
0002: SHIP CONSTRUCTION--LPD 18 EST COST: $356,360,929
(OPTION) (SEE NOTE A & G) BASE FEE: $0
AWARD FEE: $ 35,484,505
CPAF: $391,845,434
0003: SHIP CONSTRUCTION--LPD 19 EST COST: $448,673,328
(OPTION) (SEE NOTE A & G) BASE FEE: $0
AWARD FEE: $ 44,549,193
CPAF: $493,222,521
0004: LPD FAMILIARIZATION $NSP
(NSP-Not separately priced.
Price to be included in the price
of Item 0001, and if the options
are exercised, Item(s) 0002 and 0003)
0005: TECHNICAL MANUALS $NSP
(NSP-Not separately priced.
Price to be included in the
price of Line Item 001, and if
the options are exercised,
Item(s) 0002 and 0003)
(SEE NOTE D)
0006: MATERIAL (See Note B and C)
(Including COSAL MATERIAL,
SHORE BASED SPARES, PROVISIONING
ITEM ORDER)
0006AA LPD 17 MATERIAL
0006AB LPD 18 MATERIAL
(OPTION) (SEE NOTE A)
2
<PAGE>
N00024-97-C-2202
SECTION B--PRICING
ITEM SUPPLIES OR SERVICES AMOUNT
0006AC LPD 19 MATERIAL
(OPTION) (SEE NOTE A)
0007: PERFORM SPECIAL STUDIES, ANALYSES AND
REVIEWS
(SEE NOTE F)
0008: PERFORM ENGINEERING AND INDUSTRIAL
SERVICES
(SEE NOTES B AND C)
0009 LPD 17 CLASS LIFE CYCLE SUPPORT EST COST: $1,906,887
(OPTION) PLANNING--POST DETAIL DESIGN BASE FEE: $0
AND CONSTRUCTION (SEE NOTE A & G) AWARD FEE: $ 189,120
CPAF: $2,096,007
0010: AFFORDABILITY THROUGH COMMONALITY (R&D)
(SEE NOTES B AND C)
0010: CROSS PROGRAM PROCUREMENT $2,375,885
(SEE NOTES B AND E) MAN-HOURS 80,000
0012: DATA FOR ITEMS 0001 $NSP
0004, 0005 AND 0006AA
0007, 0008, 0010 AND 0011 (and
if options are exercised, Items
0002, 0003, 0006AB, 0006AC and 0009)
NSP - Not Separately priced. The price
of Item 0012 is to be included in the
price of Items 0001, 0006AA, 0007, 0008,
0010 and 0011 (and if options are
exercised, Items 0002, 0003, 0006AB,
0006AC, and 0009)
The clause entitled "LIMITATION OF COST" (FAR 52.232-201) OR "LIMITATION OF
FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently
to each separately identified estimated cost.
3
<PAGE>
N00024-97-C-2202
SECTION B--PRICING
NOTE: FOR (MRG/CPP) PROPULSION DRIVE TRAIN
ITEM SUPPLIES OR SERVICES AMOUNT
0001: DETAIL DESIGN AND CONSTRUCTION EST COST: $581,109,833
OF LPD 17 (SCN) BASE FEE: $0
(See Note G) AWARD FEE: $ 57,884,907
CPAF: $638,994,740
0002: SHIP CONSTRUCTION--LPD 18 EST COST: $355,368,285
(OPTION) (SEE NOTE A & G) BASE FEE: $0
AWARD FEE $ 35,385,142
CPAF: $390,753,427
0003: SHIP CONSTRUCTION--LPD 19 EST COST: $447,484,350
(OPTION) (SEE NOTE A & G) BASE FEE: $0
AWARD FEE $ 44,430,185
CPAF: $491,914,535
0004: LPD FAMILIARIZATION $NSP
(NSP - Not separately priced.
Price to be included in the price of
Item 0001, and if the options are
exercised, Item(s) 0002 and 0003)
0005: TECHNICAL MANUALS $NSP
(NSP - Not separately priced.
Price to be included in the price of
Line Item 0001, and if the options are
exercised, Item(s) 0002 and 0003)
(SEE NOTE D)
0006: MATERIAL (See Note B and C)
(Including COSAL MATERIAL,
SHORE BASED SPARES, PROVISIONING
ITEM ORDER)
0006AA LPD 17 MATERIAL
0006AB LPD 18 MATERIAL
(OPTION) (SEE NOTE A)
3A
<PAGE>
N00024-97-C-2202
SECTION B--PRICING
ITEM SUPPLIES OR SERVICES AMOUNT
0006AC LPD 19 MATERIAL
(OPTION) (SEE NOTE A)
0007: PERFORM SPECIAL STUDIES, ANALYSES
AND REVIEWS
(SEE NOTE F)
0008: PERFORM ENGINEERING AND INDUSTRIAL
SERVICES
(SEE NOTES B AND C)
0009 LPD 17 CLASS LIFE CYCLE SUPPORT EST COST: $1,906,887
(OPTION) PLANNING - POST DETAIL DESIGN BASE FEE: $0
AND CONSTRUCTION (SEE NOTE A & G) AWARD FEE $ 189,120
CPAF: $2,096,007
0010: AFFORDABILITY THROUGH COMMONALITY (R&D)
(SEE NOTES B AND C)
0011: CROSS PROGRAM PROCUREMENT $2,375,885
(SEE NOTES B AND E) MAN-HOURS 80,000
0012 DATA FOR ITEMS 0001 $NSP
0004, 0005 AND 0006AA
0007, 0008, 0010 AND 0011 (and if
options are exercised, Items 0002,
0003, 0006AB, 0006AC and 0009)
(NSP - Not Separately priced. The price
of Item 0012 is to be included in the
price of Items 0001, 0006AA, 0007, 0008,
0010 and 0011 (and if options are
exercised, Items 0002, 0003, 0006AC,
and 0009)
The clause entitled "LIMITATION OF COST" (FAR 52.232-201) or "LIMITATION OF
FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently
to each separately identified estimated cost.
3B
<PAGE>
N00024-97-C-2202
NOTE A: Option Item to which "Section B--Additional Contract Requirements"
requirement B-5 entitled "OPTIONS" is applicable and which is to be supplied
only if and to the extent said option is exercised.
NOTE B: These items are FIrm Fixed Price Items, the following requirements of
this contract do not apply to these items:
Contract Section Requirement
Section B Payment of Fixed Fee
Section B Determination of Fee
Section H Payments
FAR clause 52.232-16 "Progress Payments", as set forth in Section I applies to
these items.
NOTE C: Orders will be placed in accordance with the Special Contract
Requirement in Section H, 5252.216-9110 "ORDERS (FIXED PRICE)".
NOTE D: For the purpose of pricing the solicitation requirements for technical
manuals, offerors shall assume Level III Electronic Interactive Technical
Manuals.
NOTE E: This item is to be incrementally funded is subject to the Section B
requirement entitled "ALLOTMENT OF FUNDS--ALTERNATE I".
NOTE F: Orders will be placed in accordance with the Special Contract
Requirement in Section H, 5252.216-9112 "ORDERS (COST PLUS FIXED FEE)".
NOTE G: For CLIN 0001 and option CLINs 0002, 0003, and 0009, an award fee pool
of ten percent (10.0%) of the Estimated Cost excluding Cost of Money (COM) shall
be established.
<PAGE>
N00024-97-C-2202
SECTION B - ADDITIONAL CONTRACT REQUIREMENTS
B-1. REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA)
(SEP 1990)
(a) In the event that the price of a spare part or item of support equipment
delivered under this contract significantly exceeds its intrinsic value, the
Contractor agrees to refund the difference. Refunds will only be made for the
difference between the intrinsic value of the item at the time an agreement on
price was reached and the contract price. Refunds will not be made to recoup the
amount of cost decreases that occur over time due to productivity gains (beyond
economic purchase quantity considerations) or changes in market conditions.
(b) For purposes of this requirement, the intrinsic value of an item is defined
as follows:
(1) If the item is one which is sold or is substantially similar or
functionally equivalent to one that is sold in substantial quantities to the
general public, intrinsic value is the established catalog or market price, plus
the value of any unique requirements, including delivery terms, inspection,
packaging, or labeling.
(2) If there is no comparable item sold in substantial quantities to the
general public, intrinsic value is defined as the price an individual would
expect to pay for the item based upon an economic purchase quantity as defined
in FAR 52.207-4, plus the value of any unique requirements, including delivery
terms, inspection, packaging or labeling.
(c) At any time up to two years after delivery of a spare part or item of
support equipment, the Contracting Officer may notify the Contractor that based
on all information available at the time of the notice, the price of the part or
item apparently exceeds its intrinsic value.
(d) If notified in accordance with paragraph (c) above, the Contractor agrees to
enter into good faith negotiations with the Government to determine if, and in
what amount, the Government is entitled to a refund.
(e) If agreement pursuant to paragraph (d) above cannot be reached, and the
Navy's return of the new or unused item to the
5
<PAGE>
N00024-97-C-2202
Contractor is practical, the Navy, subject to the Contractor's agreement, may
elect to return the item to the Contractor. Upon return of the item to its
original point of Government acceptance, the Contractor shall refund in full the
price paid. If no agreement pursuant to paragraph (d) above is reached, and
return of the item by the Navy is impractical, the Contracting Officer may, with
the approval of the Head of the Contracting Activity, issue a Contracting
Officer's final decision on the matter, subject to Contracting Officer's final
decision on the matter, subject to Contractor appeal as provided in the
"DISPUTES" clause (FAR 52.233-1).
(f) The Contractor will make refunds, as required under this requirement, in
accordance with instructions from the Contracting Officer.
(g) The Contractor shall not be liable for a refund if the Contractor advised
the Contracting Officer in a timely manner that the price it would propose for a
spare part or item of support equipment exceeded its intrinsic value, and with
such advice, specified the estimated proposed price, the estimated intrinsic
value and known alternative sources or item, if any, that can meet the
requirement.
(h) This requirement does not apply to any spare parts or items of support
equipment whose price is determined through adequate price competition. This
requirement also does not apply to any spare part or item of support equipment
with a unit price in excess of $100,000; or in excess of $25,000 if the
Contractor submitted, and certified the currency, accuracy and completeness of
cost or pricing data applicable to the item.
B-2. PAYMENTS OF FEE(S) (NAVSEA)
(MAY 1993)
(Applicable to Items 0001, 0004, 0005, 0007 (and if the options are
exercised, Items 0002, 0003 and 0009)
(a) For purposes of this contract, "fee" means "target fee" in
cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type
contracts, or "fixed fee" in cost-plus-fixed-fee type contracts for level of
effort type contracts.
(b) The Government shall make payments to the Contractor, subject to and in
accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8)
or "INCENTIVE FEE", (FAR
6
<PAGE>
N00024-97-C-2202
52.216-10), as applicable. Such payments shall be equal to zero percent (0%) of
the allowable cost of each invoice submitted by and payable to the Contractor
pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT"
(FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED
FEE" or "INCENTIVE FEE" clause, as applicable (percentage of fee is based on fee
dollars divided by estimated cost dollars, including facilities capital cost of
money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s)
set forth in this contract.
(c) The fee(s) specified in SECTION B, and payment thereof, is subject to
adjustment pursuant to paragraph (g) of the special contract requirement
entitled "LEVEL OF EFFORT." If the fee(s)is reduced and the reduced fee(s) is
less than the sum of all fee payments made to the Contractor under this
contract, the Contractor shall repay the excess amount to the Government. If the
final adjusted fee exceeds all fee payments made to the contractor under this
contract, the Contractor shall be paid the additional amount, subject to the
availability of funds. In no event shall the Government be required to pay the
Contractor any amount in excess of the funds obligated under this contract at
the time of the discontinuance of work.
(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall
not be paid until the contract has been modified to reduce the fee(s) in
accordance with the "LEVEL OF EFFORT" special contract requirement, or until the
Procuring Contracting Officer has advised the paying office in writing that no
fee adjustment is required.
B-3. DETERMINATION OF FEE (NAVSEA) (OCT 1990)
(Applicable to Items 0001, 0004, 0005 and, if the options are exercised,
Items 0002, 0003 and 0009)
(a) Minimum Fee
the base (fixed) fee of this contract is zero (0) and; therefore there
is no minimum fee to be paid for performance of this contract.
(b) Award Fee
In addition to the minimum (or base fee) to be paid hereunder, the
Contractor may earn an award fee, as determined by
7
<PAGE>
N00024-97-C-2202
an Evaluation Board established pursuant to paragraph (c) below. The
Government's purpose in granting an award fee is to encourage and reward
superior Contractor effort directed toward performance of this contract. The
specifics for evaluation are set forth in paragraphs that follow.
(c) Evaluation Board
The Contractor's performance evaluation for each period will be
conducted by an Evaluation Board consisting of the following members (or
designated alternates):
TBD
(d) Approving Official
The Approving Official, who will be the LPD 17 Program Executive Officer
(PEO), shall make determinations of the award fee due to the Contractor upon the
basis of the performance evaluation conducted by the Evaluation Board.
(e) Award Fee Determination and Reclama Procedures
(1) Within fifteen (15) days after the end of each evaluation
period under the contract, the Contractor shall furnish to the Board such
information as may be reasonably required, including a statement of cost
incurred, to assist the Board in evaluating the Contractor's performance during
that evaluation period.
(2) (i) Within ten (10) days from receipt of such information,
the Board shall prepare the performance evaluation and present it to the
Approving Official.
(ii) Within five (5) days from receipt of that evaluation,
the Approving Official shall submit to the Contracting Officer his determination
of award fee.
(iii) Within five (5) days from receipt of that
determination, the Contracting Officer shall notify the Contractor in writing of
the Approving Official's determination.
(3) (i) Within five (5) days from receipt of the Contracting
Officer's notification, the Contractor may submit to the Contracting Officer any
exception with respect thereto. In support of his reclama, the Contractor may
furnish a written description of his performance during the period under
consideration. This description shall clearly identify specific
8
<PAGE>
N00024-97-C-2202
evaluating categories, factors and elements, and the Contractor's own rating
thereof.
(ii) Within five (5) days from receipt of the Contractor's
reclama, the Contracting Officer shall submit it to the Approving Official.
(iii) Within ten (10) days from receipt thereof, the
approving Official shall provide to the Contracting Officer a final performance
evaluation and determination of the award fee.
(iv) Within five (5) days from receipt of that final
determination, the Contracting Officer shall notify the Contractor in writing of
that final determination.
(v) Within five (5) days from the date of this notification,
the Contracting Official shall issue a unilateral modification to the contract
to provide for the award fee.
(4) In the event that the Contractor submits no exception, the
Approving Official's determination pursuant to sub-paragraphs (a) and (d) (2),
above shall be final. Within ten (10) days after the date of the Contractor's
notification of such determination, the Contracting Officer shall issue a
unilateral modification to the contract to provide for the award fee.
(f) Finality of Approving Official's Determination
Determinations of the Approving Official with respect to the amount of
award fee to be paid to the Contractor are final and shall not be subject to the
"DISPUTES" clause of this contract.
(g) Evaluation Categories and Factors:
An initial list of the evaluation factors is provided as an attachment
"Evaluation Categories and Factors Applicability Matrix". The Government may add
additional factors at a later date in accordance with paragraph (h) (3) of this
section.
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N00024-97-C-2202
(h) Evaluation Periods
Performance evaluations will be conducted in accordance with the schedule
below:
EVALUATION PERIODS* BEGINNING* END*
One Contract *
Award
Two * *
*
*
* To Be Determined Based On the Offeror Proposal
(2) For the First evaluation period, the factors to be evaluated are
identified by "X" in attached "Evaluation Categories and Factor Applicability
Matrix".
(3) Beginning with the second evaluation period, the Government will
provide the Contractor with the specific factors and elements to be evaluated by
the Evaluation Board 10 days prior to the subsequent evaluation period.
(i) Award Fee Pool
(1) Award Fee shall be available for the consideration of payment on the
following basis:
AWARD FEE POOL
EVAL. PERIOD AWARD FEE POOL ($) AWARD FEE POOL %
(AFP)
TO BE DETERMINED
TOTALS: $ 100.00%
(2) One hundred percent (100%) of all unearned award fee for all CLINs
except CLIN 0009 shall be carried over to Clause H-16 "Final Contract
Performance Incentives".
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N00024-97-C-2202
(j) Performance Ratings
The award fee to be paid for each period shall be determined by applying
the Adjective Ratings shown below to the factors to be evaluated by the
Evaluation Board.
Numerical
Percentage
of
Available Numerical
Award Fee Scoring Adjective Rating Adjective Definitions
- --------- --------- ---------------- ---------------------
(AAF) (NS)
80 - 100% 95 - 100 Outstanding (O) The Contractor's
performance exceeds
the minimum by a
substantial margin,
any needed
improvements cited
are of a minor nature.
50 - 79% 85 - 94 Excellent (E) The Contractor's
performance exceeds
the minimum in all areas;
some areas for
improvement cited, most of
which are minor
20 - 49% 70 - 84 Good (G) The Contractor's
performance generally
exceeds the minimum;
there are several areas
for improvement, but
these are offset by
better performance in
other areas.
00 - 19% 00 - 69 Minimally The Contractor's
Acceptable (M) performance is
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N00024-97-C-2202
about minimum; areas
for significant
improvement are
approximately offset
by better performance
in other areas.
(1) Calculation of Award Fee:
Award fee under this contract will be computed using the following formula:
Adjective Rating Formulae
- ---------------- --------
0.20 x (NS - 95)
Outstanding (O) Award Fee = Award Fee Pool x (0.80 + ----------------)
(100 - 95)
0.29 x (NS - 85)
Excellent (E) Award Fee = Award Fee Pool x (0.50 + ----------------)
(94 - 85)
0.29 x (NS - 70)
Good (G) Award Fee = Award Fee Pool x (0.20 + ----------------)
(84 - 70)
Minimally
Acceptable (M)
For NS = 50 to 69
-----------------
0.19 x (NS - 50)
Award Fee = Award Fee Pool x (0.00 + ----------------)
(69 - 50)
For NS = 49 or Lower
--------------------
Award Fee = 0
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N00024-97-C-2202
AWARD FEE COMPUTATION CURVE
<TABLE>
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
100
Outstanding
90
80
70 Excellent
% Of 60
Award Fee
50
40 Good
30
20
10 Minimally Acceptable
00
00 05 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100
Numerical Scoring
</TABLE>
<PAGE>
N00024-97-C-2202
(k) Maximum Fee
In no event shall the total fee (base fee plus award fee) under this
contract exceed 10% of the total estimated cost.
B-4 ORDER OF PRECEDENCE
(a) The terms and conditions of this contract are as follows and constitute the
entire agreement of the parties:
Part I - SCHEDULE
Solicitation/Contract Form Section A
Supplies/Services and Prices/Costs Section B
Description/Specification/Work Statement Section C
Packaging and Marking Section D
Inspection and Acceptance Section E
Deliveries or Performance Section F
Contract Administration Data Section G
Special Contract Requirements Section H
Part II - CONTRACT CLAUSES
Contract Clauses Section I
Part III - List of Documents, Exhibits and
Other Attachments
List of Attachments Section J
(b) The rights and obligations of the parties of this contract shall be subject
to and governed by the contract as enumerated above. In the event of any
inconsistency in this contract, the inconsistency shall be resolved by giving
precedence in the order described herein. All hard copy information/data shall
take precedence over information/data provided in digital format. (1) The
Schedule (excluding the Section C); (2) contract clauses (Section I); (3)
Section C (Statement of Work) (4) Ship Specifications including Addendum 1;
Documents, Exhibits, and Other Attachments to the Contract identified in Section
J (excluding contract drawings and Schedule C); (5) Schedule C (Attachment
J0006) and contract drawings; (6) Ship Specification
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Addendums 2 and 3; (7) first tier references to the ship specifications,
including first tier references on Government drawings, except those references
specified for guidance;
B-5 OPTIONS
The Government may require the delivery of the numbered line item(s)/subline
item(s), identified in the Schedule as an option item(s), in the quantity and at
the price(s) stated in the Schedule. If more than one option exists, each option
is independent of any other option, and the Government has the right to
unilaterally exercise any such option, in whole or in part up to the total
quantity specified in the option item, whether or not it has exercised other
options. Option(s) shall be exercised, if at all, by written or telegraphic
notice(s) signed by the Contracting Officer and sent within the time(s)
specified below:
ITEM(S) LATEST OPTION EXERCISE DATE
------- ----------------------------
0002 31 DEC 98
0003 31 DEC 99
0006AB 31 DEC 98
0006AC 31 DEC 99
0009 30 APR 00
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N00024-97-C-2202
B-6 ALLOTMENT OF FUNDS - ALTERNATE I (MAY 1993)
(APPLICABLE TO ITEM 0011)
(a) This contract is incrementally funded. The amounts presently available and
allotted to this contract for payment are set forth below. The amount(s)
presently available and allotted to this contract for payment for incrementally
funded CLINs/SLINs is set forth below. As provided in the clause of this
contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22), the CLINs/SLINs covered
thereby, and the period of performance for which it is estimated the allotted
amount(s) will cover are as follows:
ESTIMATED
ITEM(S) FUNDED AMOUNT PERIOD OF PERFORMANCE
------- ------------- ---------------------
$
(b) The parties contemplate that the Government will allot additional amounts
to this contract from time to time for the incrementally funded CLINs/SLINs by
unilateral contract modification, and any such modification shall state
separately the amounts(s) allotted for each CLINs/SLINs covered thereby, and the
period of performance which the amount(s) are expected to cover.
(c) CLINs/SLINs _____________________________ are fully funded and performance
under these CLINs/SLINs is subject to the clause of this contract entitled
"LIMITATION OF COST" (FAR 52.232-20), as applicable.
(d) The Contractor shall segregate costs for the performance of incrementally
funded CLINs/SLINs from the costs of performance of fully funded CLINs/SLINs.
B-7 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)
(a0 As part of the negotiated fixed price or total estimated amount of this
contract, both the Government and the Contractor have agreed to waive any
entitlement that otherwise might accrue to either party in any residual dollar
amount of $500 or less at the time of final contract closeout. The term
"residual dollar amount" shall include all money that would otherwise be owed to
either party at the end of the contract, except that, amounts
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N00024-97-C-2202
connected in any way with taxation, allegations of fraud and/or antitrust
violations shall be excluded. For purposes of determining residual dollar
amounts, offsets of money owed by one party against money that would otherwise
be paid by that party may be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been
considered by both parties. It is agreed that the administrative costs for
either party associated with collecting such small dollar amounts could exceed
the amount to be recovered.
B-8 NAPS 5252.232-9001 SUBMISSION OF INVOICES (COST-REIMBURSEMENT, TIME-AND
MATERIALS, LABOR-HOUR, OR FIXED PRICE INCENTIVE) (JUL 1992)
(a) "Invoice" as used in this clause includes contractor requests for interim
payments using public vouchers (SF 1034) but does not include contractor
requests for progress payment under fixed price incentive contracts.
(b) The Contractor shall submit invoices and any necessary supporting
documentation, in an original and 4 copies, to the contract auditor at the
following address: TBD unless delivery orders are applicable, in which case
invoices will be segregated by individual order and submitted to the address
specified in the order. In addition, an information copy shall be submitted to
the Contracting Officer Representative (COR) identified in Section G. Following
verification, the contract auditor will forward the invoice to the designated
payment office for payment in the amount determined to be owing, in accordance
with the applicable payment (and fee) clause(s) of this contract.
(c) Invoices requesting interim payment shall be submitted no more than once
every two weeks, unless another time period is specified in the Payments clause
of this contract. For indefinite delivery type contracts, interim payment
invoices shall be submitted no more than once every two weeks for each delivery
order. There shall be a lapse of no more than 60 calendar days between
performance and submission of an interim payment invoice.
(d) In addition to the information identified in the Prompt Payment clause
herein, each invoice shall contain the following information, as applicable:
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N00024-97-C-2202
(1) Contract line item number (CLIN)
(2) Subline item number (SLIN)
(3) Accounting Classification Reference Number (ACRN)
(4) Payment terms
(5) Procuring activity
(6) Date supplies provided or services performed
(7) Costs incurred and allowable under the contract
(8) Vessel (e.g., ship, submarine or other craft) or system which
supply/service is provided.
(e) A DD Form 250, "Material Inspection and Receiving Report",
[ ] is required with each invoice submittal.
[X] is required only with final invoice.
[ ] is not required.
(f) A Certificate of Performance
[ ] shall be provided with each invoice submittal.
[X] is not required.
(g) The Contractor's final invoice shall be identified as such, and shall list
all other invoices (if any) previously tendered under this contract.
(h) Costs of performance shall be segregated, accumulated and invoiced to the
appropriate ACRN categories to the extent possible. When such segregation of
costs by ACRN is not possible for invoices submitted with CLINs/SLINs with more
than on ACRN, an allocation ratio shall be established in the same ratio as the
obligations cited in the accounting data so that costs are allocated on a
proportional basis.
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N00024-97-C-2202
9 SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT
LPD 17 STATEMENT OF WORK
EXECUTIVE SUMMARY
The LPD 17 is a new class of amphibious warships that will perform various
expeditionary warfare missions as described in Attachment J0002. The LPD 17 will
incorporate state-of-the-art expeditionary warfare ship-self defense systems,
radar cross section reduction, distributed system architecture, and total ship
system integration, with emphasis upon reduced ownership costs.
This Statement of Work provides the Full Service Contractor (FSC) with a
description of the management structure and approach required for performing the
detail design, ship systems integration, construction, testing, logistics and
life cycle support planning for the LPD 17 lead ship and up to two option ships.
The contract requirements are applicable independently and separately to each
ship.
FIGURE 1
TEAM 17 NOTIONAL IPPD
[GRAPH APPEARS HERE]
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N00024-97-C-2202
An Integrated Product and Process Development (IPPD) team approach shall be used
for the performance of this contract. The management structure is notionally
shown in Figure 1. It consists of co-located Government/Contractor personnel.
The IPPD team shall be composed of persons possessing the appropriate
disciplines, specialties and functions from both the Government and Contractor
and shall include major subcontractors/vendors. The team members shall be
delegated the responsibility, authority, and accountability for decision-making
and management actions necessary for successful performance of the Contract.
The IPPD team shall interact in accordance with the Contract requirements,
the approved IPPD Plan, the Integrated Management Plan (IMP) (see Table 1), and
the Master Integrated Resource and Work Schedule (MIRWS), (see Table 2). The
IMP and the MIRWS are maintained as part of the common data environment called
the Integrated Product Data Environment (IPDE). The IPDE is an information
system capability which implements, through phases, the integration of a product
model database with support and execution data in order to satisfy the
information requirements for both the Government and Contractor. Figure 2
illustrates the concept which is described in greater detail in Attachment
J0003.
FIGURE 2 "IPDE CONCEPT"
ACCESS DELIVERY
View Only, Electronic
To Contractor's [GRAPH APPEARS HERE] Notification
Applications & Routing.
Import/Maintain.
Data Extract/File
Transfer.
LEVEL I - PRODUCT MODEL DATA (3D GEOMETRY + ATTRIBUTES)
LEVEL II - SUPPORT DATA (VENDOR DRAWINGS, MANUALS, GFI, ETC.)
LEVEL III - PROGRAM EXECUTION DATA (MIRWS, IMP, C/SCS, ETC.)
The IPDE provides the capability to concurrently develop, capture, update and
re-use data in electronic form. Figure 2 depicts the relationship between the
product model data (Level I) and the other major components of the IPDE.
Support data such as vendor drawings, GFI and other technical documentation
(Level II) shall be integrated with the ship product model description and
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N00024-97-C-2202
the associated data products. The products developed to support the IPPD
team management function (Level III type data) shall be linked with the ship
product model and support data descriptions, such that any changes to the
product model and support data descriptions via the change control process
(Government or Contractor) shall permit automatic visibility of the impact upon
the level III data. Existing data repositories of support data shall be
connected to function as part of the LPD 17 IPDE.
The Contract requires a total ship systems integration effort. Through
concurrent engineering practices, the Contractor shall provide an incremental
design including ship systems integration, as well as construction, testing,
logistics and life cycle approach to fulfill total ship functional requirements.
The Contractor shall develop a comprehensive on-board training capability that
will support readiness requirements and reduced cost of ownership.
The Contractor's detail design shall be subjected to a Production Readiness
Review (PRR), wherein the Contractor must satisfy mutually agreed upon PRR exit
criteria, prior to the start of construction.
The LPD 17 shall be constructed in accordance with the detail design
developed by the Contractor. The Contractor shall be responsible for
integration and installation of all Contractor Furnished Equipment (CFE) and
Government Furnished Equipment (GFE) on the ship. The IPPD team shall charter a
Combined Test Team (CTT) responsible for managing the Test and Evaluation
Program (TEP).
The Contract requires the implementation of an ILS program. Commencing
with detail design, the Contractor shall incorporate supportability design
criteria and characteristics, to reduce ships' life cycle costs while achieving
the goals of reliability, maintainability, and availability. The Contractor
shall develop a Configuration Management Program using the IPDE, which has the
capability to manage and control the physical, functional, and data requirements
of each ship throughout its life cycle.
The Government anticipates establishing and maintaining a long term
relationship with the FSC throughout the service life of the LPD 17 Class. The
LPD 17 Class acquisition strategy includes a phased decision making process,
beginning with the selection of an FSC and the FSC's cost reduction efforts
initiated under CLIN 0001. The relationship will continue if the Government
exercises option CLIN 0009. The decision to exercise CLIN 0009 will be made
approximately 40 months after lead ship contract award. The Government's
decision to exercise CLIN 0009 will be based on an assessment of the
Contractor's achievements
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N00024-97-C-2202
regarding life cycle cost performance under this Contract, as well as its
proposed prices for the next ship construction contract.
The Contractor's subsequent performance under CLIN 0009, as well its
proposed prices for the final ship construction contract and the LPD 17 Class
Planning Yard Contract, will provide the basis for the Government's decision to
award an LPD 17 Class Planning Yard Contract to the FSC concurrently with the
award of the final ship construction contract.
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N00024-97-C-2202
TABLE 1 - IMP
The Integrated Management Plan (IMP) shall include but not be limited to the
following plans:
a. Integrated Product and Process Development Plan
b. Integrated Product Data Environment Implementation
c. Subcontractor Management
d. Detail Design
e. Total Ship Integration
f. Production
g. Test and Evaluation
h. Integrated Logistics Support
i. Configuration Management
j. Ship Survivability (including Radar Cross Section Reduction)
k. Reliability and Maintainability
l. Quality Assurance Program
m. Human Engineering and System Safety
n. Environmental and Hazardous Material Management
o. Life Cycle Support Management
p. Radio Communication System/Ship Signal Exploitation Space
Implementation
q. Data Management
r. Hardware Development
s. Operational Security
t. Manpower Optimization
u. Software Development Plan
v. Software Quality Improvement
w. Software Process Improvement
x. Life Cycle Cost Estimating Program
y. Class Maintenance and Modernization
z. Standardization Plan
aa. Shipboard Facilities Maintenance Improvement
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N00024-97-C-2202
TABLE 2- MIRWS
The Master Integrated Resource and Work Schedule (MIRWS) shall include but not
be limited to the following schedules:
a. Integrated Product Data Environment Development
b. Contract Milestones and Key Events
c. Detail Design and Total Ship Systems Integration Development
d. Resource Summary Reports including variance analysis
e. Engineering Drawing
f. Master Production
g. Material Ordering
h. GFM Exception Report
i. Compartment Close-Out
j. Integrated Logistics Support
k. Long Lead Material Ordering
l. Test and Evaluation
m. GFM/GFI Delivery
n. Hardware and Software Development
o. Outfitting
p. PMS Schedule
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N00024-97-C-2202
1.2 LPD 17 CLASS MISSION
LPD 17 is the functional replacement for 41 ships of the LKA 113, LPD 4,
LSD 36, and LST 1179 Classes of Ships. The LPD 17's primary mission will be
amphibious warfare including embarkation, transportation, and debarkation of
elements of a U.S. Marine Corps Landing Force by a combination of landing craft,
such as Landing Craft Air Cushion (LCAC), amphibious vehicles such as Advanced
Amphibious Assault Vehicle (AAAV) and Landing Craft Utility (LCU), and by
Vertical Takeoff and Landing (VTOL) aircraft such as CH-46, CH-53E, AH-1, UH-1,
MV-22, and AV-8B.
2. GENERAL SCOPE OF WORK
(Applicable to Items 0001 (and if the options are exercised, Items 0002, and
0003)
The prime Contractor named on the face page of this Contract is the FSC
for the Contract and is responsible for all requirements contained herein. This
Statement of Work (SOW) defines all efforts required for the detail design, ship
systems integration, hardware and software development for CFE, integration of
CFE and GFE, CFE procurement, construction, CFE and GFE installation, testing
and evaluation, and planning for life cycle support of the LPD 17 lead ship and
up to two follow ships. Reduced ownership cost shall be emphasized throughout
the performance of this Contract. The requirements listed herein are applicable
independently and separately to each ship.
2.1 DETAIL DESIGN AND INSTALLATION OF THE VERTICAL LAUNCH SYSTEM (VLS)
The Contractor's detail design of the ship shall include all
requirements regarding the VLS as specified in the Ship Specifications,
Attachment J0001. The Contractor shall work with the manufacturer of the VLS to
create a modular design which permits the installation of the VLS with minimal
disruption to the existing ship structure. The ship detail design shall provide
for the installation of cabling, ventilation, piping and foundations to support
a VLS installation. The detail design of the ship shall not require modification
of the VLS, unless it is more cost effective to modify the VLS than the ship. In
that case, the Contractor shall work with the VLS manufacturer to obtain ECP
approval from the Government. The Contractor shall not install the VLS system.
Space, weight, services, cables and foundations, as defined in
Attachment J0001, shall be provided by the Contractor. The weight reservation
shall be 34,360 kg at a vertical center of gravity (VCG) of 15.3 m above
baseline.
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N00024-97-C-2202
2.2 DETAIL DESIGN AND INSTALLATION OF THE NATO SEA SPARROW MISSILE SYSTEM
(NSSMS)
The Contractor's detail design of the ship shall include all
requirements regarding the NSSMS as specified in the Ship Specifications,
Attachment J0001. The Contractor shall not install the NSSMS system. Space,
weight, services cables and foundations as defined in Attachment J0001, shall be
provided by the Contractor. The weight reservation shall be 10,750 kg at a
vertical center of gravity (VCG) of 31.1 m above baseline.
A. MANAGEMENT
3.0 INTEGRATED PROCESS AND PRODUCT DEVELOPMENT (IPPD) TEAM
An Integrated Product and Process Development (IPPD) team approach shall
be used for the performance of this Contract. The notional management structure
is shown in Figure 1.
3.1 IPPD TEAM STRUCTURE
3.1.1 The IPPD team consists of co-located Government/Contractor personnel. Co-
located means sharing the same floor, walls and overhead with no intervening
walls. The IPPD team shall be composed of persons possessing the appropriate
disciplines, specialties and functions from both Government and Contractor
organizations and shall include subcontractor/vendor representation. Major
subcontractors'/vendors' participation shall be addressed in the IPPD team Plan.
Participation of other than major subcontractors/vendors shall be addressed in
the IMP (Subcontractor Management). The Contractor shall select its team
members, making certain they possess the requisite knowledge and experience in
key functional areas. The team members shall be delegated the responsibility,
authority, and accountability for decision-making and management actions
necessary for successful performance of the Contract.
NO MEMBER OF THE IPPD TEAM IS AUTHORIZED TO CHANGE THE SCOPE OF THE
CONTRACT OTHER THAN THE PCO ASSIGNED TO THE TEAM.
3.1.2 The Contractor shall apply a multi-functional IPPD team approach to the
integrated, concurrent development of the products and the associated processes
applicable to the detail design, ship systems integration, construction,
testing, logistics and life cycle planning support of the LPD 17 and in
performance of all other efforts required by this Contract. The IPPD team shall
operate in an environment that allows for verification of product and processes
as they evolve.
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N00024-97-C-2202
3.1.3 The IPPD team shall interact in accordance with Contract requirements, the
approved IPPD Plan, the Integrated Management Plan (IMP), and the Master
Integrated Resource and Work Schedule (MIRWS). The IMP and the MIRWS shall be
maintained as part of the Integrated Product Data Environment (IPDE). The IPDE
is an information capability which implements, through phases, the integration
of a product model database with support and execution data, in order to satisfy
the data and usage requirements of both the Government and Contractor. The IPDE
provides the capability to concurrently develop, capture and reuse data in
electronic form.
3.1.4 The Contractor shall provide the management effort necessary to ensure
effective cost, schedule and technical performance under this Contract. The
Contractor shall identify methods to be used to fully integrate major
subcontractors/vendors to provide overall direction and guidance, track
progress and status, and integrate products and services provided by major
subcontractors/vendors' with the products and services provided by the FSC
personnel.
3.1.5 The Contractor shall provide the members of the IPPD team with visibility
into the detail design, ship systems integration, construction, testing,
logistics and life cycle support planning effort. The Contractor shall identify
problems and potential problems that could adversely impact ship performance,
cost and/or delivery schedule accompanied by proposed solutions.
3.1.6 The Government will co-locate its members of the IPPD team at a mutually
agreed upon Contractor site to participate in the LPD 17 Government/Contractor
IPPD team.
3.1.7 The Government/Contractor IPPD team shall monitor the Contractor's quality
assurance activities to verify conformance with the approved Quality Program of
the IMP.
3.2 IPPD PLAN
3.2.1 Upon contract award, the Contractor shall implement its proposed IPPD
Plan. Within 15 days after contract award, the Government will provide the
Contractor with comments on the proposed plan. The Contractor shall incorporate
the Government's required changes to the plan and provide a final plan for
approval within 30 days after receipt of comments. Upon approval by the
Government, the approved plan shall replace the plan submitted with the
Contractor's proposal. The final plan shall be included in and implemented via
the IMP. The Contractor shall implement the plan within 15 days after approval
by the
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N00024-97-C-2202
Government. The Contractor shall update the plan as required throughout the
duration of the contract.
NO ACTIONS OF THE IPPD TEAM SHALL RELIEVE THE CONTRACTOR OF THE
RESPONSIBILITY TO PERFORM ALL CONTRACT REQUIREMENTS.
3.3 FACILITY/SUPPORT FOR IPPD TEAM
3.3.1 The Contractor shall provide all office space, office furniture, office
equipment (phone, computer network interconnectivity, computer workstations,
software applications, Video Tele-Conferencing, facsimile machine, photocopy
machine, etc.) and parking facilities identified in the Contractor's approved
IPPD Plan. The furnishings and equipment provided to the co-located Government
members shall be equivalent to those provided for Contractor members of the IPPD
team. The computer workstations, including software applications, provided
shall, at a minimum, be equivalent to those currently in use by the LPD 17
Program Office as defined in Attachment J0025.
3.3.2 In addition to the facilities for the core Government IPPD team, the
Contractor shall provide support and facilities for other than core Government
personnel assigned to the Program Management Team (PMT), the Ship Design Team
(SDT), the Ship Integration Group (SIG), the Ownership Team, the Cost Estimating
Team (CET), Production and Quality Assurance Team, and the Combined Test Team
(CTT), that will be required to be on site at the FSC and/or major
subcontractors/vendors. Theses additional Government personnel will support the
activities of the IPPD team and participate in IPPD team established working
groups (proposed by the Contractor). The number of personnel in this category
will vary depending upon the stage of detail design, ship systems integration,
construction, testing, logistics and life cycle support planning. These
Government personnel shall be co-located with the FSC and major
subcontractor/vendor personnel assigned to or working on similar efforts.
3.3.3 The number of core Government IPPD team members will be approximately 25.
The number of Government support staff at the FSC site may vary from 50 to 150.
Additionally, the Government expects to place personnel on site at major
subcontractor/vendor sites. This number will be a function of the Contractor's
proposal.
3.4 IPPD TEAM TRAINING
The contractor shall provide IPPD training to the Government/Contractor
IPPD team. The team training shall commence within 20 days after contract award.
The training shall address, at the minimum, the following topics:
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N00024-97-C-2202
- Development of IPPD team Goals/Objectives
- Development of IPPD team tools and metrics
- Development of IPPD Core Team Worksite layout
- Development of IPPD team rules of behavior and
- Mapping of the key processes
3.5 RISK MANAGEMENT
The Contractor shall implement a Risk Management system to be utilized
by the IPPD team. The Risk Management system shall include, at a minimum, the
processes used for risk identification, risk categorization, mitigation action
identification, mitigation implementation and the periodicity of risk management
reviews by the IPPD team.
4.0 INTEGRATED MANAGEMENT PLAN (IMP)
4.1 IMP
The Contractor shall prepare an Integrated Management Plan (IMP). This
plan shall provide the Contractor's integrated approach for detail design, ship
systems integration, construction, testing, delivery and life cycle support
planning for the LPD 17 lead ship and up to two follow ships. The IMP shall
include, but not be limited to, the plans listed in Table 1, and shall follow
the organization provided in the IMP Book Plan, Attachment J0009.
4.2 CONTENT OF THE PLAN
The Contractor shall describe in the IMP how its program planning and
implementation of that planning will manage concurrent and interactive efforts
of all program disciplines affecting the LPD 17 detail design, ship systems
integration, construction, testing, logistics and life cycle support
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N00024-97-C-2202
processes. The IMP shall address how these processes will be validated. The IMP
shall describe all new processes developed exclusively to meet the requirements
of this Contract. The IMP shall address key events inherent to supporting the
Contract Milestones and the exit criteria that must be achieved to meet Contract
Milestones.
5.0 QUALITY ASSURANCE PROGRAM
The Contractor shall develop an ISO 9000 compliant Quality Program in
the IMP. This Program shall ensure compliance with Contract requirements and the
specifications. The Quality Program shall specify the means (time, personnel,
facilities, etc.) that will be used to enable the Government to perform
procedure review, procedure evaluation, product verification inspections, test
verifications, and obtain access to test data.
5.1 QUALITY METRICS
Processes or indicators to be monitored and reported shall be agreed to by the
IPPD team and shall be identified in the IMP.
5.2 CORRECTIVE ACTION
The Contractor shall implement a unified corrective action process that
integrates the quality metrics from 5.1 and is integrated with IPDE. It shall
addresses all areas (detail design, ship system integration, construction,
testing, logistics and life cycle support planning) of Contract performance.
The Contractor shall respond to Government issued corrective action
requests within 30 calendar days of receipt. Safety related issues shall be
resolved within 7 calendar days. The Contractor shall include in its response to
Government reported deficiencies, the date by which corrective action shall be
initiated, and the date by which corrective action shall be completed.
5.3 GOVERNMENT NOTIFICATION OF TEST/INSPECTION EVENTS
The Contractor shall notify the IPPD team in sufficient time to enable
the Government to provide representation.
6.0 OPERATIONAL SECURITY (OPSEC) PROGRAM
The Contractor shall develop, implement and maintain an OPSEC program
in the IMP to protect classified and sensitive
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unclassified activities, information, equipment and material used or developed
by the Contractor and any subcontractor during the performance of this Contract.
The LPD 17 Program OPSEC Plan, Attachment J0013, is provided as guidance for use
by the Contractor in development of the OPSEC Program. The Contractor shall be
responsible for subcontractor implementation of the OPSEC requirements of this
Contract.
7.0 MASTER INTEGRATED RESOURCE AND WORK SCHEDULE (MIRWS)
7.1 MIRWS IMPLEMENTATION
7.1.1 The Contractor shall prepare an event-based MIRWS that depicts all
activities required for the performance of this Contract. This schedule shall
include all program activities defined in the Contractor Work Breakdown
Structure (CWBS) addressed below. The Contractor shall identify key events
leading up to the Contract Milestones in the MIRWS and shall identify critical
paths for completion of each Contract Milestone and key events. For each
Contract Milestone, the Contractor shall propose exit criteria. Within 60 days
after Contract award, the Government will provide the Contractor with the
approved Contract Milestone and key events Schedule for incorporation into the
MIRWS.
7.1.2 The MIRWS shall be kept current with schedule and resource modifications
and completed tasks. Human resources provided by the prime and major
sub-contractors shall be expressed in manhours. The Contractor shall provide
Government on-line access to the MIRWS.
7.1.3 The MIRWS shall incorporate the reports and schedules shown in Table 2 at
a minimum. The Contractor shall provide read only access to the Government IPPD
Team members and access to report generators on a real time basis for all
schedules contained in the MIRWS and shall train the IPPD team in their use.
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7.2 CONTRACT WORK BREAKDOWN STRUCTURE (CWBS)
The Contractor shall develop, extend, update and maintain a Government
approved CWBS providing clear traceability of all work. The Contractor may use
MIL-STD-881B for guidance. If the Contractor teams with other firms to deliver
the contract line items, the CWBS shall provide visibility of all work performed
by the Contractor and each major subcontractor/vendor. The CWBS shall be
developed to the fourth level at a minimum with the ship being the first level.
The CWBS shall be used as the basis for organizing and reporting all work
performed under this contract. The CWBS shall be consistent with the
configuration baseline requirements of the Ship Specifications, Attachment
J0001. The Contractor shall not change the approved CWBS, dictionary, or
reporting elements without written approval by the Government.
7.3 EVENT BASED READINESS REVIEWS (EBRRs)
EBRRs shall be held at the Contractor's facility. The purpose of these
reviews is to demonstrate satisfactory achievement of the exit criteria for each
Contract Milestone and supporting key events. The Contractor shall surface and
resolve exit criteria problems prior to the scheduled EBRR. The Contractor shall
host additional reviews as mutually agreed to. The Contractor shall provide all
administrative support for all reviews.
7.4 COST/SCHEDULE CONTROL SYSTEMS (C/SCS)
In the performance of this contract, the Contractor shall establish,
maintain and use Cost/Schedule Control Systems meeting the criteria set forth in
DOD FAR Supplement 252.234-7001, "COST SCHEDULE CONTROL SYSTEMS". If the
Contractor does not have a DOD validated C/S management system, the Contractor
shall be prepared to support a C/SCS review no later than three months after
contract award. If the Contractor has a validated C/S system, the Government
will conduct an Integrated Baseline Review (IBR) within six (6) months after the
contract award. The IBR will assure the adequacy of planning and budgeting at
the cost account level.
If the Government determines that it is necessary from the IBR results,
a subsequent application review of contractor's management system, surveillance,
or cost and schedule data quality assessment may be performed in accordance with
the ASN (RDA) memo of 8 May 1995, "Cost and Schedule Reporting and Cost and
Schedule Control System Criteria Contractual Requirements".
The Contractor shall utilize an earned value system as a management tool
for cost, schedule and technical performance.
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The Government will use the earned value results as one of the evaluation
factors in determining the contract award fee.
The earned value data should be provided to the government via the DOD
Electronic Data Interchange (EDI) for contract cost performance reporting, and
in accordance with the ANSI X12 uniform standards as specified in the "DOD
Electronic Data Interchange (EDI) Convention for the ASC X12 Transaction Set 839
Project Cost Reporting". The contractor shall provide quarterly, the variance
analysis narrative of the five elements with potential impacts to the program as
requested by the government program manager.
The Contractor shall provide a report generator that will permit
designated members of the IPPD team to extract cost, schedule and performance
data from the IPDE (MIRWS) on a real time basis.
The Contractor shall provide Cost Performance Reports.
8.0 INTEGRATED PRODUCT DATA ENVIRONMENT (IPDE)
The IPDE is an information system capability- which implements, through
phases, the integration of a central product model database, associated support
data products such as drawings, technical manuals, GFI, training materials, and
program execution information such as plans, schedules, and procedures in order
to satisfy the data and usage requirements of both the Government and
Contractor. The IPDE includes the capability to concurrently develop, capture,
update and re-use data in electronic form in a fashion that leads to data
integrity, efficiency, and configuration control throughout the life cycle of
the ship.
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8.1 IPDE REQUIREMENT
8.1.1 The Contractor shall integrate the LPD 17 ship detail design, ship systems
integration, construction, testing, logistics and life cycle support planning of
the LPD 17 lead ship and up to two follow ships in a digital data environment
utilizing an integrated product model database. The Contractor shall develop the
IPDE in accordance with the requirements herein. The Contractor may use the
Government Concept of Operations (GCO) in an IPDE, Attachment J0003, as
guidance.
ALL DATA REQUIRED FOR THE PERFORMANCE OF THIS CONTRACT SHALL BE
INCORPORATED INTO THE IPDE.
8.1.2 The Contractor shall develop and provide an IPDE with the integration
capability specified in the IPDE Integration Matrix, Attachment J0016.
8.1.3 Within 10 days after contract award, the Government will provide the
Contractor with comments on the proposed IPDE Integration matrix. The contractor
shall incorporate the Government's required changes to the IPDE Integration
Matrix and provide a final IPDE Integration Matrix for approval within 15 days
after receipt of comments. Upon approval by the Government, the approved IPDE
Integration Matrix shall replace the matrix submitted with the Contractor's
proposal. The approved IPDE Integration Matrix shall be included in and
implemented via the IMP. The development and implementation of this IPDE shall
be in accordance with the approved IPDE Integration Matrix.
8.1.4 The IPDE shall provide the capability to concurrently develop, capture,
update and re-use data in electronic form. Figure 2 depicts the relationship
between the product model data (Level I) and the other major components of the
IPDE. Support data such as vendor drawings, GFI and other technical
documentation (Level II) shall be integrated with the ship product model
description and the associated data products. The products developed to support
the IPPD team management function (Level III type data) shall be linked with the
ship product model and support data descriptions, such that any changes to the
product model and support data descriptions via the change control process
(Government or Contractor) will permit automatic visibility of the impact to the
Level III data. Existing data repositories of support data shall be connected to
function as part of the LPD 17 IPDE.
8.1.5 The Contractor shall provide an on-line viewing capability of the IPDE
structure and functions. This capability shall provide the following at a
minimum:
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a. Database Design Description information, using MIL-STD-498 as
guidance.
b. A graphical representation of interrelationships of major data
sources, links and database linkages, including delineation of IPDE Levels of
Integration (I, II or III). This graphical representation shall also reflect
external users and their function(s).
c. Summary background information, IPDE Points of Contact and operator
instructions.
d. The Contractor shall provide a "Help Desk" service to assist IPPD
Team users in resolving hardware, software and communications problems
encountered when developing, accessing, or extracting data from the IPDE.
The Contractor shall propose the content, format and access methods for this
information as part of the IPDE Implementation Plan in the IMP.
8.2 IPDE SYSTEM CHARACTERISTICS
8.2.1 This information system shall be developed as an open architecture to
allow connection to multiple databases and data repositories, to import existing
data, and to support the evolution of newer technologies. The system shall
support four modes of interaction:
INTERACTION MODE ONE: The IPDE shall support the electronic location, access and
retrieval of data products for review purposes. An electronic viewing capability
shall support on-line access to Contractor data products from a variety of
remote locations. All data products require view access.
INTERACTION MODE TWO: Electronic data delivery shall be required to provide the
various LPD 17 program support activities with specific data deliverables in
specific formats. The primary product types in this category are those provided
to support the fleet and other Navy infrastructure requirements. This
interaction mode requires the actual transmission of data and/or data files
either by electronic means or via non-paper physical media such as magnetic
tape, cartridge tapes or optical disks. The product types requiring electronic
routing include deliverables requiring action by the Government, such as; ECP's,
Weapon System File formatted data, on-board data such as drawings and technical
manuals. Where possible, data delivery shall be via standard neutral data
formants. Where cost effective, data
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developed via Mutually Agreeable Commerical Software (MACS) shall be accepted.
INTERACTION MODE THREE: The data interface required to support the integration
of data products which may reside in a variety of locations including Navy
Infrastructure activities and major sub-contractors/vendors supporting the FSC.
INTERACTION MODE FOUR: Applications which are integrated within the IPDE,
providing the IPPD team members with the ability to generate and/or use
information contained in the IPDE. These include applications such as; product
modeling, engineering analysis, and, Concurrent Engineering Supportability
Analysis (CESA). The system shall support the total integration of data and
access that allows entry and analysis of data from both a functional and task
oriented perspective.
8.2.2 The Contractor shall accomplish the data integration objectives of the
IPDE through development of a three-dimensional (3D) product model. The product
model shall serve as the configuration source for each ship throughout its life
cycle.
8.2.3 The IPDE shall provide the environment to support an object-oriented data
organization and shall include the capability to support multiple product
structures such as system, ship compartment/zone, subassembly, assembly, module,
section and component views of data. The IPDE shall support ship configuration
management and life cycle support functions.
8.2.4 The Contractor shall ensure that the system links the detail design, ship
systems integration, construction, testing, logistics support, and all
functional processes in order to provide an integrated, shared data
(Government/Contractor) environment. The system shall support delivery of
integrated acquisition, engineering, and logistics products.
8.2.5 The system shall have query capability to locate, access, view, or extract
information from the IPDE. The system shall use a graphical user interface
similar to Microsoft WINDOWS.
8.2.6 The system shall use report generators which shall assemble or group data
or data elements into specific arrangement to facilitate the generation of data
products required under this contract.
8.2.7 The IPDE shall contain a Data Element Dictionary so that any duplicate
data elements are addressable by the system as the same data element. As a
result, any changes to any data element shall change all duplicate elements
throughout. Duplicate data elements shall always contain identical data.
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8.2.8 The IPDE shall have the capability to electronically convert Level I
product model data to the Virtual Reality Modeling Language (VRML) version 1.0
or later format.
8.3 IPDE DATA ACCESS
8.3.1 The Contractor shall provide direct, on-line, instantaneous, 24 hour a
day, electronic access to the IPDE for the Government and its designees.
8.3.2 The Contractor shall have the capability to provide data access through
view-only (on-line), electronic notification, electronic routing, data
extract/file transfer, import/maintain, on-line access, and video-teleconference
applications:
8.3.2.1 View Only (On-line)
This delivery-in-place mechanism shall provide controlled, on-line
access to specific data products to authorized individuals/organizations. The
user shall be provided electronic access to data products for the purposes of
viewing and local printing of the data. The user shall not have the ability to
modify the data. Electronic notification shall be provided to identify the
availability of a data deliverable. Provisions shall exist to provide additional
authorized users with view only access upon request.
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8.3.2.2 Electronic Notification
Electronic notification shall be used to identify the availability of
delivery-in-place data products. Electronic notification may be via electronic
mail or other methods such as workflow as approved by the Government. Electronic
notification shall be made to all individuals or organizations requiring on-line
access for a given information deliverable.
8.3.2.3 Electronic Routing
This data delivery mechanism shall employ electronic "workflow" methods
to transfer electronic versions of data products to the appropriate
individuals/organizations for review, comment and/or approval. The user will
make electronic annotations and capture comments against data products using
application software specific to their organizations. Exchanges of data to and
from organizations shall be via standard interfaces. A standard interface
mechanism for electronic routing shall be proposed by the Full Service
Contractor for use in establishing interoperability between dissimilar workflow
systems in use by other LPD 17 support activities.
The Full Service Contractor shall evaluate available commercial off the
shelf (COTS) workflow products and select and implement a workflow system
solution for use by the IPPD team. The Full Service Contractor shall provide
required hardware and workflow software licenses for each on-site IPPD team
member and software licenses for up to 25 off-site program office staff.
Workflow system administration and support for the onsite IPPD team will be
provided by the Full Service Contractor. The workflow system provided shall
include at a minimum, the following capabilities:
The IPPD team workflow system provided shall be a Microsoft Windows,
Windows 95 or Windows NT based product with a graphical user interface. The
workflow system shall support seamless/transparent enterprise-wide workflow
routing and status monitoring. The proposed system shall be fully integrated
with external applications such as the Microsoft Office suite, electronic mail,
etc. The system shall include an application programming interface (API) to
enable programmable customization of system capabilities to support IPPD team
requirements. The system shall support multi-level access control for
implementing the requirements of the IPPD team.
The capabilities of the workflow system provided shall include the
routing of multiple document types including drawings, technical documentation,
word processing, presentation graphics, spreadsheets, images, sound, and motion
video.
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developed within the IPDE. The proposed system shall have a graphical editing
tool for developing and modifying complex processes including Production, Ad Hoc
and Administrative workflows. The workflow system shall include provisions for
looping, voting, split decision paths and support for making dynamic changes
(while a process is active). Additional workflow system capabilities shall
include event action triggering, prerequisite suspension, role based processing
and status monitoring/reporting for workflow jobs in progress.
The workflow system capability shall include a document management
functionality (software capability and supporting hardware) to enable execution
of IPPD team workflow activities. These functions shall include, but not be
limited to, electronic storage, retrieval, and archive of support documentation
and correspondence, keyword and full text search capability, document scanning
and optical character recognition (OCR), print and fax capability, simultaneous
markup and viewing, and system backup and disaster recovery.
8.3.2.4 Data Extract/File Transfer
This delivery mechanism shall provide for the extraction or
transformation of data from the IPDE data sources into another form and/or
media required for use by other Government Agencies.
8.3.2.5 Import/Maintain
The Contractor shall provide the ability to import data into the IPDE.
This may include the conversion of existing hardcopy data and/or the integration
of existing products already in electronic formats, such as technical manuals
for existing equipment.
8.3.2.6 On-line Access
The Contractor shall provide on-line access to Contractor developed or
owned applications. This capability shall allow authorized users to run
contractor-hosted applications from remote locations. This capability shall
support activities such as: the query of scheduling programs; accessing the 3D
product model; viewing of simulations; viewing analysis results, RMA, CESA and
other activities as required by the Government to effectively support the LPD 17
IPPD team. This capability shall support 150 concurrent off-site Government
users.
8.3.2.7 Communications Server Access
The Contractor shall provide remote system access to the communications
server for at least twelve connections for the
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core Government IPPD users. The remote access shall use remote control software
running on personal computer/communications server hardware with capabilities
equivalent to those provided at IPPD workstations. At a minimum, the requirement
is for 28.8K modems which are compatible with current and proposed laptops.
Remote capabilities shall mirror on-site capabilities with exceptions granted
for those applications which are not viable via modem. In order to ensure ready
access, the Contractor shall provide a toll free connection with rollover
capability to the communications server over independent "dedicated" phone
lines.
8.3.2.8 Video-Teleconference Applications
The Contractor shall provide the capability for multi-site personal
computer video and document teleconferencing between Contractor sites, the LPD
17 program office, and other LPD 17 program participants. This capability shall
incorporate remotely displayed data and data products from the IPDE to support
video teleconferencing interactions.
The video and document teleconferencing capability must support
interactions between separate Local Area Networks across NAVSEA Enterprise Wide
Network (NEWNET). The capability provided shall be an IP based VTC product
running on an 802.3 Ethernet LAN and support ITU-T (International
Telecommunications Union) standards for audio and video (Audio - G.711, G.722,
and G.728 Video - H.261 and H.320). The teleconferencing capability must provide
a minimum performance level of 12-17 frames/sec with a minimum 320x240
resolution (1/4 screen). The video and document teleconferencing capability
shall support point-to-point VTC sessions and multi-point constant presence
sessions for up to 3 different participants.
The capability shall include software based bandwidth management
utilities, support for external audio/video input and output, and shall have
collaborating functions including; shared whiteboarding, document annotation
(e.g., post-it notes, colored pen markers), and application sharing.
8.3.2.9 LPD 17 Wide Area Network (WAN) Connectivity
The Full Service Contractor (FSC) shall provide network access and
communicate LPD 17 data to off-site Navy activities via connectivity to the
NEWNET. Network communication between the Full Service Contractor and its major
sub-contractors shall be via other commercial communication mechanisms.
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8.4 IPDE SECURITY
The Contractor shall establish, a security system and enforce data
protection and integrity standards in accordance with DOD-5200.28 and
DOD-5220.22-M. Controls to prevent unauthorized access shall be established such
as control passwords and log-on IDs for authorized personnel. Individual access
rights shall be approved by the IPPD team. The Contractor shall incorporate a
system application that verifies user authorization at each access attempt. The
Contractor shall identify all system security vulnerabilities and implement a
disaster recovery plan. Any peculiar security software that must be resident on
Government on-site access terminals shall be provided and maintained by the
Contractor.
Methodologies to handle sensitive, classified, and unclassified data
shall be developed and certified for use on the LPD 17 program. The Contractor
must comply with the data security requirements necessary to implement the IPDE,
including the use of encryption devices where required, and the modification of
business practices to support the LPD 17 program requirements.
All new personal computers and workstations purchased for use on the LPD
17 program IPDE shall be capable of supporting at least two Personal Computer
Memory Card International Association (PCMCIA) cards of the type II height
configuration. To ensure compatibility with the Department of Defense (DOD)
Multilevel Information Systems Security Initiative (MISSI) and other PCMCIA
products, the following specifications shall be used:
PCMCIA Standard Release 2.1
PC Card Standard Release 2.1
Socket Services Standard Release 2.1
Recommended Extensions Release 1.0
AT Adapter Release 1.02
Auto Indexing Mass Storage Release 1.01
8.5 IPDE USER AUTHENTICATION
8.5.1 The IPDE shall incorporate automated controls for applications that
support the LPD 17 Program to verify the authorization of each user every time
an access attempt is made.
8.5.2 The IPDE plan shall specify a method to provide traceability of changes to
the existing baseline which is consistent with the Configuration Management Plan
in the IMP. The objective is to ensure that only authorized changes to the
baseline occur.
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8.6 IPDE WORKFLOW INTEGRATION
The Contractor shall establish a system interface utilizing a "workflow"
system to facilitate communication and to reduce product cycle times between
IPPD team members and other supporting activities.
8.7 IPDE SYSTEM DEMONSTRATION
The Contractor shall demonstrate system capabilities in accordance with
the schedule contained in the Contractor's IPDE Implementation Plan contained in
the IMP. The demonstration results will be taken into consideration for award
fee purposes. The demonstration shall include, but is not limited to, data
integration, data access, product locator, and report generation.
8.8 IPDE METRICS
The Contractor shall propose and the IPPD shall agree to automated
metrics capabilities for the IPDE.
8.9 IPDE EXTERNAL INTERFACES
The Contractor shall establish an interface to all Government activities
listed in Attachment J0004. Participating Government activities will establish
network connectivity to facilitate exchange and on-line sharing of data.
8.10 IPDE SHIPBOARD IMPLEMENTATION
8.10.1 The Contractor shall ensure that the IPDE interfaces with all shipboard
systems which utilize configuration and/or support data. The Contractor shall:
a. Document the data format and content requirements of those ship
systems.
b. Correlate those data requirements with the data contained in IPDE.
c. Analyze and document, in an IPPD environment, existing and projected
Government infrastructures which deliver shipboard data products which are based
on the IPDE.
d. Propose for Government approval the process by which the data
contained in IPDE will be transferred to the ship systems, both initially and
for the life-cycle, identifying both technical mechanisms and
Government/Contractor organizational responsibilities.
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e. Document the process by which these ship system data products are
configuration managed, including the method by which ship modifications are,
after completion, reflected in IPDE and are subsequently reflected in shipboard
data products.
f. Provide the mechanism to allow IPDE view-only access by the shipboard
crew at a level at least equal to that of the IPPD.
g. Include the plan for implementation of these requirements in the IPDE
Implementation Plan of the IMP.
h. Provide the required configuration data to shipboard systems.
8.10.2 Unless otherwise approved by the Government, the database contained in
NTCSS shall be the reference for use by shipboard systems. At a minimum, such
systems shall be linked to NTCSS for the purposes of ensuring that distributed
data structures are coherent.
8.11 IPDE/DATA MANAGEMENT
8.11.1 The Contractor shall develop, implement, and maintain a data management
capability within the IPDE for the integration, storage, access, management,
delivery, and exchange of data furnished by the Government and its designated
agents, or generated by the Contractor and its major subcontractors/vendors as
part of the LPD 17 program. The system shall be capable of maintaining a record
and reporting the status of data accession and data deliveries for each ship
constructed under this contract. The system shall incorporate an automated
metrics capability to assess the number of times a data product has been
accessed.
8.11.2 The Contractor shall develop a data validation capability within the IPDE
for assessing the validity of data generated for the LPD 17 contract.
8.11.3 The Contractor shall develop and maintain a Data Accession List (DAL)
that will include all data acquired or developed in performance of the contract
by either the Contractor or all subcontractors/vendors.
8.12 IPDE IN THE IN-SERVICE PHASE
The IPDE shall support the execution of the Class Maintenance and
Modernization Plan (CMMP) contained in the IMP. The system shall also identify
the status of emergent work and impact on schedules via the MIRWS. The system
shall provide the capability to generate the following:
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a. A current ship-by-ship priority list of all outstanding maintenance and
modernization work in a format that permits rapid assembly of a work package.
b. Continuous update of the DCACA program to record equipment/system
reliability data.
c. Corrective maintenance data reporting for work not requiring parts
support.
d. A Ship Alteration and Repair Package (SARP) tailored to the availability
duration and location. All necessary information to execute work packages shall
be identified/recommended including use of Alteration Installation Teams (AITs),
rotatable pools, In-Service Engineering Agents (ISEAs), or other technical
assistance, as well as variations and risks involved.
e. Projected impact of maintenance and modernization work upon Operational
Availability (Ao), maintenance manhour requirements, training, and total ship
manning levels.
f. The capability to interface with each ship's Current Ship's Maintenance
Project (CSMP) to maintain a material history and up-to-date ship material
condition.
g. The capability to interface with Type Commander (TYCOM) work request
screening systems.
h. The capability to interface with the Fleet Modernization Program
Management Information System (FMPMIS).
i. The capability to provide inputs to advanced planning and authorization
letters.
j. The capability to record and report status on all alterations and
changes as scheduled for each availability.
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B. TECHNICAL
9.0 ITEM 0001 - (AND IF THE OPTIONS ARE EXERCISED, ITEMS 0002, AND 0003) DETAIL
DESIGN, TOTAL SHIP SYSTEMS INTEGRATION, CONSTRUCTION, TESTING,
LOGISTICS AND LIFE CYCLE SUPPORT PLANNING
9.1 DEVELOP DETAIL DESIGN
The Contractor shall develop a detail design for the construction of the
LPD 17 that meets all the requirements in the contract. The LPD 17 shall
incorporate state-of-the-art expeditionary warfare ship-self defense systems,
radar cross section reduction, distributed system architecture, and total ship
system integration, with emphasis upon reduced ownership costs.
9.1.1 The Contractor shall provide continuous access to the in-process detail
design (working drawings, specifications, bill of materials, and any other
technical data that is part of the detail design) and schedules to the
Government.
9.1.2 The Contractor's detail design shall be subjected to a PRR, wherein the
Contractor must satisfy the mutually agreed upon PRR exit criteria, prior to the
start of construction.
9.1.3 The Contractor shall develop the detail design within the IPDE.
9.1.4 The Contractor shall develop and implement a Manpower Optimization
Program in the IMP to ensure the most efficient allocation of human resources
aboard ship and to reduce overall manning levels.
9.1.5 The Contractor shall incorporate into the Detail Design either the
Reverse Reduction Gear/Fixed Pitch Propeller (RRG/FPP) or Main Reduction
Gear/Controllable Pitch Propeller (MRG/CPP) propulsion train selected by the
Government at the time of contract award.
In the event that the MRG/CPP propulsion train option is selected, the
requirements of Attachment J0038 will be substituted for the corresponding
sections of Attachment J0001. The Contractor shall provide complete
documentation regarding the interface between the CPP propeller blades and the
propeller hub.
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9.2 TOTAL SHIP SYSTEMS INTEGRATION
The Contractor shall be responsible for total ship integration efforts.
Through concurrent engineering practices, the Contractor shall provide an
incremental detail design, ship systems integration, construction, testing,
logistics and life cycle planning approach to fulfill total ship functional
requirements. Total ship system integration shall be performed as an integral
part of th detail design process. The level of total ship system integration
achieved prior to start of construction shall be an exit criteria for the PRR.
9.2.1 In order to facilitate the Government's goal of ensuring that
technological evolution can be smoothly incorporated during detail design, ship
systems integration, construction, testing, logistics and life cycle support
planning, the Contractor shall develop and implement a process which:
a. Minimizes the effect of GFE system nomenclature changes.
b. Streamlines the ECP implementation process in the IPPD environment.
c. Defines the level of detail and types of GFI required for preliminary,
draft and final versions of GFI for each system.
d. Makes use of the Associate Contractor Agreement clause C-6.
e. Includes a no-cost change to Schedule A and Schedule C formats required
to implement the approach.
f. Maximizes use of the modular track system to decouple space design from
GFE installation.
g. Includes development and implementation of space design, construction,
loadout and testing for CIC, Troop Operations Logistics Center, Debark Control
Center, Joint Intelligence Center, Combat System Maintenance Central, Radar
Rooms, and the CIC Unattended Equipment Room which allows "Just-In-Time"
delivery and installation of GFE. This process shall also document and
implement, for each of these spaces, the sequence of installation steps which
must be completed prior to GFE equipment loadout.
This process shall be documented in the IMP.
9.2.2 The Contractor shall participate in the development of the Operational
Sequencing Systems.
Cognizant Government activities will have the lead for co-chairing
applicable working groups and for producing the
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documentation. The Contractor shall support this process in the IPDE
environment by providing required design data and by generating operating and
casualty procedures for CFE systems as required in Attachment J0001. The
Contractor shall evaluate and implement an effective workstation based method
for hosting applications which provide watchstanders access to OSS products.
The Contractor shall integrate the cold and hot checks required to prove these
procedures into the appropriate Ship Test Program stages. The Contractor's plan
to implement the requirements of this paragraph and of other Attachment J0001
requirements relating to integration, and support of OSS procedures and products
shall be documented in the IMP.
9.2.3 In support of these efforts the Contractor shall participate in
approximately four fleet reviews which will be hosted by the Government in
Norfolk, VA or San Diego, CA.
9.3 TOTAL SHIP INFORMATION MANAGEMENT INTEGRATION
This section describes the following:
a. Development of the Integration Functional Baseline
b. Interface and integration planning
c. Interface and integration development, including establishment of the
Integration Allocated Baseline
d. Interface and integration implementation
e. Integration testing
f. Use of the SDIA for interior voice requirements
g. SWAN acquisition strategy
h. Bridge integration requirements
i. Video integration requirements
9.3.1 Within 30 days after contract award, a joint Government/Contractor
sub-team of the IPPD shall be convened at a site determined by the Contractor to
transition Government information and databases (Total Ship Information
Management Specification (TSIMS), included in Attachment J0001) to the
Contractor and to develop the process which shall be used to establish the LPD
17 Integration Functional Baseline (IFB). The Contractor shall expand the TSIMS
documentation provided to include all of the total ship integration
requirements, including integration requirements contained in Attachment J0001
but not documented in TSIMS Volume 2 or 3. The Contractor shall propose changes
necessary to reflect its proposed Shipboard Wide Area Network (SWAN) approach
and integration concepts. Upon approval by the Government, these changes shall
be incorporated, and an Integration Functional Baseline (IFB) shall be
established consisting of TSIMS volumes 1,2, and 3 no later than 120 days after
contract award.
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9.3.2 For each physical and logical interface indicated by the intersections on
the Communications Matrix in the IFB, the Contractor shall develop a plan which
clearly delineates Contractor/Government tasks to be accomplished, describes
Associate Contractor responsibilities, addresses schedules, refines GFE/GFI
needs, identifies technical issues for resolution, establishes PRR exit
criteria, documents SWAN integration requirements for the functional interface
being discussed, and establishes the test strategy, including identification of
required first article tests and critical item tests. Each plan shall also
propose the evolution of the time of contract award through ship delivery.
Following concurrence by the Government, each interface integration plan shall
be incorporated into the Integrated Management Plan (IMP). The planning efforts
shall be completed no later than 240 days after contract award.
9.3.3 Following the establishment of the IFB, the Contractor shall complete the
establishment of integration requirements by developing the interface details
for each element of the Communication Matrix, TSIMS volume 2, including SWAN
integration requirements required to support each interface, as follows:
a. CFE-to-CFE: Contractor has total responsibility to develop the interface
implementation and capture the detail in the TSIMS and the Program Integrated
Design Environment (TSIMS/PrIDE) database as defined in the Ship Specifications.
b. CFE-to-GFE:
(1) If a GFE detailed interface requirement is furnished, the
Contractor shall implement that interface and capture the detail in the
TSIMS/PrIDE database. The Contractor shall utilize Associate Contractor
Agreements (ACA) to resolve issues associated with CFE-GFE interfaces.
(2) If the Government provides a functional requirement, then the
Contractor shall develop and negotiate the details of the interface with the
designated Government vendor, using Associate Contractor Agreements.
(3) Cost drivers associated with resolution CFE to GFE interfaces shall
be identified to the Government as they arise.
c. GFE-to-GFE: The Contractor shall incorporate the Government developed
interface documentation into the TSIMS and participate as a member of the IPPD
team in all technical activity during resolution of GFE-GFE issues which have
an impact
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on LPD-17. Associate Contractor Agreements shall be used to facilitate this
process.
All interface definition efforts shall be completed within 360 days after
Contract Award, at which time an Integration Allocated Baseline (IAB) consisting
of TSIMS volumes 1 through 6, produced from the PrIDE database, shall be
established.
9.3.4 During Total Ship Integration implementation, the Contractor shall
develop, test and document the hardware and software design required to satisfy
integration requirements, including the implementation of all SWAN connectivity
necessary to meet Integration requirements. Specific requirements are as
follows:
a. CFE to CFE System Interfaces
The Contractor shall design, develop and test the system in accordance with
the Ship Specifications and IAB. The Contractor shall keep the TSIMS/PrIDE
current.
b. CFE to GFE System Interfaces
The Contractor shall implement and maintain a process which provides for
timely exchange of information between the Contractor and the Government's GFE
vendors, utilizing the Associate Contractor Agreement provisions of Clause C-6.
This process shall continue throughout the design, development, and system level
testing phases. During the design phase, the Contractor shall maintain
configuration control of the interface specification documentation.
Concurrently with the PRR, the interface specification documentation will be
placed under configuration control.
c. GFE to GFE System Interfaces
The Contractor shall monitor GFE system design, development, and
implementation efforts. The Contractor shall keep the TSIMS current.
9.3.5 The Contractor shall demonstrate successful integration via the test
program defined in the Ship Specifications.
9.3.6 The Government will designate to the Contractor the vendor which has been
selected by the Navy, through a separate procurement, as the System Design and
Integration Activity (SDIA) for integrated voice systems. The SDIA shall be the
directed source for all hardware required to meet the requirements of Attachment
J0001 Ship Spec Section 432 with the exception of those items associated with
wire free communications, sound powered
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phones and land lines. The SDIA contract will contain options which the
Contractor may exercise for, engineering services, documentation, training and
spares related to hardware under its cognizance. The Contractor retains the
responsibility for meeting the functional and integration requirements of
Attachment J0001 Section 432. The Government's award of the SDIA contract might
not support the FSC's schedule for accomplishing the requirements of ship
specification section 432. If this situation occurs, the FSC will be required
to perform the requirements of ship specification section 432 without the SDIA
as a directed source. Therefore, the Contractor shall notify the Government,
within 30 days after contract award, of the date by which it must be notified of
this situation so that it can fulfill the contract requirements on its own
without delay and disruption. All funding of SDIA activities required to
support integrated voice shall be executed through the use of a subcontract
between the Contractor and the SDIA.
9.3.7 In support of the implementation of the SWAN, the Contractor shall ensure
that the equipments install are state-of-the-market at the time of preliminary
acceptance. Within five months after contract award, the Contractor shall
submit its strategy for SWAN acquisition for Government approval. Following
approval, the Strategy shall be incorporated into the IMP.
9.3.8 The Contractor shall conduct an analysis of commercial and government
systems to determine the most effective approach to meet the Bridge integration
requirements of the Ship Specifications. The Government will identify a maximum
of 5 Government systems/applications to be included in the analysis. At a
minimum, the Government list will include the Joint Maritime Command
Information System (JMCIS) including Navigation Sensor Subsystem Interface
(NAVSSI), Advanced Combat Direction System (ACDS) and Ship Self Defense System
(SSDS). The list of Government systems/applications will be provided one month
after contract award. Not later than nine months after contract award, the
Contractor shall submit for approval its recommended system implementation which
shall:
a. Demonstrate the technical approach will meet the requirements of the Ship
Specifications, specifically addressing: data structures, required application
programming interfaces, and system-to-system interfaces.
b. Address the required implementation schedule, and any impact to MIRWS.
c. Address any modifications to Schedule "A", Government Furnished Equipment
for LPD 17, Attachment J0005.
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d. Address the Human Machine Interface, including assessment of touch
screen, voice recognition, trackball and keyboard methods of data input.
In support of this effort the Contractor shall participate in approximately four
fleet reviews which will be hosted by the Government in Norfolk, VA or San
Diego, CA.
The Contractor shall document its approach to evaluation and implementation of
Bridge integration requirements in the IMP>
9.3.9 The Contractor shall perform an analysis of video distribution options
associated with the radar video and 23TV functional requirements contained in
Attachment J0001. Options to be considered shall include, at a minimum, use of
commercial video compression techniques, employment of X-Window architectures,
and implementation of the systems as specified in Attachment J0001. The
analysis will consider the requirements of all user systems and shall compare
the options based on cost and performance. The Contractor shall recommend
changes to Attachment J0001 that implement the video distribution requirements
within 12 months after contract award.
9.4 IPDE AND TOTAL SHIP INTEGRATION
The Contractor shall incorporate the Government furnished Total Ship
Systems Information Management Specification/Program Integrated Design
Environment (TSIMS/PrIDE) data structure into the IPDE as part of the Product
Model (Level I). The incorporation of TSIMS/PrIDE shall permit the
cross-referencing of all technical management information pertinent to the
integration effort to the applicable system, including but not limited to:
a. Approved physical/logical configuration (functional, allocated and
product baselines)
b. Status of interface development
c. Software baseline documenting software Computer Software Configuration
Item (CSCI) associated with each equipment
d. Hardware development/delivery status
e. Software development/delivery status
f. Delineation of organizational responsibilities for systems documented in
the TSIMS/PrIDE, including hardware, software and interface control
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g. Status of proposed physical/logical changes
h. Test status, plans and trouble reports
i. Documentation and status of all corrective action issues associated
with Total Ship Integration.
9.5 HARDWARE DEVELOPMENT/SELECTION
9.5.1 Hardware selection shall meet the requirements of the Attachment J0001.
Prior to the development of hardware, the Contractor shall conduct a market
survey to identify candidate COTS/GOTS capable of achieving the performance
requirements. The COTS/GOTS and other NDI selection criteria shall include the
following factors listed in descending order:
a. Ship Specifications compliance.
b. Opens systems standards compliance
c. Life Cycle Costs, including acquisition cost, and operational and
support cost.
d. Qualitative system considerations, including:
(1) Market acceptability
(2) Reprocurability, Obsolescence and upgradeability
(3) Adequacy of available technical data and reprocurement data
rights of the product
(4) Availability of long term technical and part support from the
OEM
In cases where available technical data for a product is inadequate to
determine if the product is suitable for its intended shipboard environment as
defined in the Ship Specifications, the Contractor shall identify the additional
testing required and the cost associated with this testing.
In deciding between alternative solutions, the Contractor shall place
the highest priority on meeting the Ship Specifications. The Contractor shall
use its best business judgement to identify to the Government those cases where
modifications to the Ship Specifications can reduce life cycle costs or reduce
shipboard manning requirements (i.e., cost/benefit tradeoff). Such changes
shall be proposed through the ECP process
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9.5.2 Whenever the "or equal" phrase appears in the Ship Specifications, the
vendor(s) noted in Attachment J0001 may not be the only acceptable vendor(s) for
that equipment. Where an alternative source is proposed the "or equal"
procedures of J0001 shall be followed.
9.5.3 When hardware must be developed to meet system requirements,
documentation shall be developed in a format consistent with the IPDE.
The Contractor shall develop product and test specifications that
incorporate the performance requirements for the Contractor-furnished systems to
functionally significant items as defined in the Ship Specifications.
The Contractor shall develop or procure product data and associated lists
to document the design of all functionally significant items. These lists shall
be included in the IPDE. All product data shall provide detail design,
engineering, manufacturing, testing and quality support information necessary to
permit a competent manufacturer to produce and test an interchangeable item
which duplicates the physical and performance characteristics of the original
design without additional design engineering or recourse to the original
manufacturer.
9.5.4 The Contractor shall incorporate software and hardware development
schedule and status information into MIRWS.
9.5.5 The Contractor shall develop and implement a process which ensures that
CFE hardware which is installed on the ship is current technology at the time of
installation. This process shall include a controlled evolution of hardware
configurations during detail design, total ship system integration and equipment
procurement and installation during ship construction. The Contractor shall
document its overall approach to this requirement in the IMP, and shall develop
a plan for the development of each CFE system identified in the Communications
Matrix of the TSIMS Volume 2. Each plan shall propose the evolution of
configuration change control authority for that hardware from the time of
contract award through ship delivery and shall include identification of
required first article tests and critical item tests. These plans shall be
completed no later than 240 days after contract award, and after government
concurrence shall be incorporated into the IMP.
9.6 EQUIPMENT AND COMPONENT STANDARDIZATION
The Contractor shall develop a standardization process to enhance
supportability and minimize life cycle costs through the
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selection of equipment and components of proven performance which are, to the
maximum extent possible, common with equipment/components currently installed in
U.S. Navy ships and fully supported within the Navy supply system. This process
shall be developed in accordance with the requirements of Attachment J0001 and
documented in the Contractors Standardization Plan which is part of the IMP.
The objectives of standardization are to improve the operational readiness of
the ship; to reduce costs and manpower needed to operate and maintain the ship
and its systems; to optimize/minimize the variety of items used in logistics
support; to enhance interchangeability, reliability, maintainability, and
availability; and to ensure that products of requisite quality are procured that
meet specified performance, safety, and environmental requirements.
The primary objective is to ensure the use of identical equipment for similar
functions on each ship. The secondary objective is to attain the maximum level
of interchangeability of equipment and components installed throughout all ships
of the LPD 17 Class. The tertiary objective is to obtain standardization with
existing supported equipment and components in the Fleet while meeting all
performance and other requirements.
The Contractor's standardization process shall include at a minimum:
a. Limit the range of different types of equipment and components on
the ship.
b. Limit the range of different types of equipment and components
throughout the LPD 17 Class.
c. Maximize the use of equipment which is currently installed on other
Navy ships and which is fully supported in the Navy supply system.
d. Provide the maximum use of common maintenance, test and support
equipment and training material.
e. Require all suppliers to comply with the standardization
requirements of J0001 and herein and to convey them to their sub-tier suppliers
when procuring equipment/components.
f. Conduct event based reviews. These reviews shall address the
coordination of standardization efforts with other design and ILS efforts.
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g. Establish a reporting process as part of the IPDE which provides
maximum visibility of the standardization process and resulting key decisions
to the IPPD.
The Contractor shall develop a procedure for identifying to the IPPD team
the degree of standardization being achieved during the detail design, ship
systems integration, and construction of the ship. The Contractor shall include
in this process the means to notify team members of instances where the
available standard equipment is not the most effective design choice or best
value (acquisition and life cycle costs considered) to the Government.
Supporting rationale shall be provided for all equipment selection decisions
including of specification compliance, total acquisition costs, life cycle
support costs, RM&A data, and manpower, training, provisioning, depot
supportability, safety, and environmental considerations.
9.7 SOFTWARE DEVELOPMENT
The Contractor shall develop or procure software as required to meet the
Ship Specifications. The Contractor shall conduct a market survey to identify
candidate COTS/GOTS software capable of achieving the performance requirements
of the Contractor-furnished systems, including conformance to the open systems
standards and profiles contained in Attachment J0001.
9.7.1 For the development of the Engineering Control Systems software and
software development efforts that are equivalent or greater in dollar value than
the Engineering Control System software, the Contractor shall establish a
Software Quality Improvement Program in accordance with Attachment J0001.
9.7.2 For Contractor developed software, the Contractor shall ensure software
reuse is provided for technology insertion. For existing software, the
Contractor shall identify opportunities to modify software products for reuse
and shall evaluate the benefits and costs of these opportunities.
9.8 ENVIRONMENTAL AND HAZARDOUS MATERIAL MANAGEMENT
The Contractor shall develop and implement an Environmental and Hazardous
Material Management Plan (EHMMP) in accordance with National Aerospace Standard
NAS 411 and consistent with the requirements in the Ship Specifications,
Attachment J0001. The EHMMP shall address requirements for hazardous materials
and elimination, substitution, and handling of hazardous pollutants
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and potential pollutants. The Contractor shall require its subcontractors to
comply with the provisions of the EHMMP.
9.9 ELECTROMAGNETIC COMPATIBILITY ADVISORY BOARD (EMCAB)
The Contractor shall participate in LPD 17 Class Electromagnetic
Compatibility Advisory Board (EMCAB) to identify and resolve electromagnetic
compatibility interface issues. The EMCAB will meet four times a year at the
Contractor's facility.
9.10 BATTLE FORCE TACTICAL TRAINER (BFTT)
The Contractor shall integrate, install and test the BFTT system accordance
with Attachment J0001.
10.0 RELIABILITY AND MAINTAINABILITY (R&M)
The Contractor shall identify its approach to the conduct of R&M early in
the detail design and ship systems integration process to influence
system/equipment selection and to identify life cycle support and initial
procurement cost trade-offs. The Contractor shall identify to the Government
those alternatives which provide the maximum cost benefit to the Government over
the life cycle, considering standardization and other external factors. The
Contractor shall use lessons learned by the Data Collection, Analysis and
Corrective Action (DCACA) Program to Continuously improve the incorporation,
accessibility, and maintainability of GFE and CFE throughout design,
construction, and life cycle of the ship(s).
10.1 R&M METRICS
The Contractor shall establish R&M processes and procedures which focus
upon measurable benefits (metrics) to the Government, such as total ship Mean
Time Between Failures (MTBF), Mean Time To Repair (MTTR), and Mean Logistics
Delay Time (MLDT).
A/o/ is a measure of the degree to which an item is in the operable and
committable state at the start of a mission when the mission is called for at an
unknown (random) time. The LPD 17 primary mission of amphibious warfare
involving the embarking, transporting, and landing of Marines, requires total
ship combat systems and HM&E equipment availability. Total Ship A/o/ is defined
as (Uptime/Uptime+Downtime). Downtime includes corrective maintenance time and
spares logistics delay. Preventive maintenance is performed so as not to
interfere with the ship's mission and is therefore not included in downtime.
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A/o/ is quantified over the 120 day wartime Design Reference Mission (DRM),
which is considered to fall within the first 6 month deployment of the
Operational Schedule Timeline of Attachment J0002, using the NAVSEA TIGER RMA
computer program (TIGER 9), employing the LPD 17 Amphibious Assault Ship
Contract Design RMA Report 076-03D-TR-0031 as the starting baseline.
Inherent availability (A/i/) is also quantified over the 120 day wartime DRM
using the NAVSEA TIGER RMA computer program under the assumption that 100% of
the range and depth of spares required for the mission are on-site and have no
logistics delay times. A/i/ represents the maximum availability that can be
expected from the inherent design of the system.
Mission reliability is the ability of an item to perform its required
functions for the duration of the specified assault phase "mission profile".
The LPD 17 assault phase Reliability (R/5/) is defined as the probability that
all required systems will be available during the first 5 hours of the
amphibious assault.
The Contractor shall achieve, through its R&M processes and procedures, the
following:
a. Total Ship Inherent Availability (A/i/) of 0.95;
b. Operational Availability (A/o/) of 0.80; and,
c. Assault Reliability (R/5/) of 0.86.
which shall be verified through the RMA modeling shown above.
The Contractor shall establish maintenance manhour per operating hour
(MMOH/OH) goals for those systems/equipments identified in Attachment J0018.
These goals shall reflect a reduction of MMOH/OH when compared with existing or
like systems/equipments.
10.2 R&M IN IPDE
The Contractor shall develop an automated capability to perform R&M tasks
that are integrated with the detail design, ship systems integration,
construction, testing, logistics support and life cycle planning processes.
This capability shall be integrated with the IPDE, interfaced with the evolving
detail design, and used to support design decisions. The Contractor shall
develop, as part of the IPDE, a capability to maintain a complete reliability
and maintenance history throughout the LPD 17 ship(s) life cycle. This
capability shall, as a minimum, include:
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a. Automated R&M analysis procedures coupled to design, parts libraries, and
to material characteristics databases;
b. Automated R&M synthesis based on design rules and lessons learned from
prior design experience, DCACA, and Fleet use;
c. Fully characterized (tested and validated) component part performance and
R&M characteristics database(s),
d. Design decision traceability.
10.3 MAINTAINABILITY DESIGN ENGINEERING
The Contractor shall conduct concurrent engineering to include automated
fault detection, fault isolation, casualty control, human engineering factors,
and operational sequencing capabilities in the ship's detail design. In order
to reduce the maintenance burden of the ship, maintainability design engineering
efforts shall address new technologies such as condition monitoring, sensor
technology, and infrared imaging that improve system performance while achieving
reduced ownership costs.
The Contractor shall establish detail maintainability design criteria to
minimize the maintenance manhours required for the ship. The criteria shall
include accessibility, adequate work space, and work clearance for equipment
maintenance. The maintainability design criteria shall also include
compatibility with Automatic Test Equipment (ATE) and visual and physical
access.
10.4 R&M TRACEABILITY
The R&M program shall permit traceability of preventive and corrective
maintenance tasks back to specific engineering failure modes identified during
detail design. The Contractor shall develop an analysis of in
service/operational shelf life and wearout data to support the Reliability
Centered Maintenance analysis process.
10.5 BUILT IN TEST (BIT)
The Contractor shall develop system and equipment level Built-in-Test (BIT)
capabilities for electronic systems required by Attachment J0001. BIT shall
provide a means of fault detection and isolation with minimal operator
intervention. BIT shall be executed automatically and without interruption of
normal system/equipment operation or need to remove circuit cards or connectors.
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BIT shall enable detection of faults in individual processors, data
communication links and external data interfaces. BIT shall also provide fault
indications of failed equipment even when redundant equipment remains
operational and no loss of operational capability has occurred.
To the extent practicable, BIT shall isolate faults to the lowest replaceable
assembly level or to the individual data path. BIT shall be used to minimize or
eliminate the use of Maintenance Assist Modules (MAMS).
The Contractor shall provide system level fault isolation which integrates
self test features for multiple equipments and systems. This system level fault
isolation shall isolate faults to the sub-system and equipment level, shall
provide automatic analysis of test results, and shall provide top-level fault
summary reporting.
The Contractor shall incorporate requirements for BIT and factory test of BIT
in all purchase orders for electronic equipment. The Contractor shall conduct
testing of BIT as part of BDT, BST and AT.
10.6 FAILURE MODES, EFFECTS AND CRITICALITY ANALYSIS (FMECA)
The Contractor shall perform a FMECA in accordance with the Ship
Specifications, Attachment J0001. The Contractor shall synchronize the
identification of equipment specific potential failure modes and performance
characteristics to support the timely development of ICAS software requirements
of the Ship Specifications, Attachment J0001.
10.7 ILS INTERFACES
The R&M Program and the ILS Program require many similar tasks to accomplish
their objectives. For example, similar tasks are required to obtain data for
FMECA and the Concurrent Engineering Supportability Analysis (CESA). R&M
analyses use CESA report information to identify corrective maintenance tasks
and their frequency.
In order to make sure that the results of related tasks are made available to
all related activities, it is required that information from the R&M Program be
shared with the ILS Program and the ILS information brought forward to influence
the design process and life cycle cost efforts. This shared data shall be
created once to support multiple tasks as part of the IPDE. The Contractor
shall identify the data elements required for this shared environment, identify
their sources, and describe the
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input/output processing necessary to make the data available for R&M, ILS and
design use. The Contractors plans for this shared environment shall be included
in the R&M Implementation Plan and the R&M Program Plan.
10.8 PARM INTERFACE
The Contractor shall assure that the PARMs for GFE are included in all R&M
efforts. This includes participation in program planning, R&M tasks, reviews,
and member participation on the Failure Review Board. The Contractor shall work
with PARMs to develop the data connectivity required to interface the IPDE with
PARM databases.
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C. CONSTRUCTION
11.0 PROCUREMENT OF LONG LEAD MATERIAL
11.1 DELIVERY
The Contractor shall provide long lead time material to support the orderly
construction of the lead ship. Delivery dates for the long lead time material
shall be developed on the basis of the dates the items would be required in the
shipbuilder's yard to support delivery of the lead ship in accordance with the
MIRWS.
11.2 DOMESTIC SOURCE LIMITATIONS
Pursuant to the Defense Authorization Act for FY 96, the following components
of LPD 17 class ships must be procured from manufacturers which are part of the
national technology and industrial base:
a. Air circuit breakers
b. Welded shipboard anchor and mooring chain with a diameter of four inches
or less
c. Vessel propellers with a diameter of six feet or more
d. Gyrocompasses
e. Electronic navigation chart systems
f. Steering controls
g. Pumps
h. Propulsion and machinery control systems.
Additionally, propellers for LPD 17 class ships can only be procured from
manufacturers which pour and finish all castings incorporated into such
propellers in the United States.
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11.3 LIST OF MATERIAL
The Contractor shall submit to the Government a list of long lead material
that must be ordered prior to completion of the PRR. This list shall be
integrated into the MIRWS.
11.4 PROCUREMENT OF MEDICAL AND DENTAL EQUIPMENT
The Contractor shall design the medical and dental spaces as specified in
Section 652 of Attachment J0001. The Contractor shall be responsible for the
procurement of all equipment required by Section 652 of Attachment J0001.
However, in order to facilitate the installation of the latest medical and
dental technology in the ships of the LPD 17 class, the Government and
Contractor shall agree on the date when the Government will provide an updated
listing of the medial and dental equipment identified in Attachment J0030. The
Contractor shall procure the updated listing of equipment and install the
equipment in the medical and dental spaces. For budgeting the purchase of
medical and dental equipment, the Contractor shall price all the equipment
listed in Section 652 of Attachment J0001.
11.5 DELIVERY OF MRG/CPP TEST ARTICLES
In the event that the MRG/CPP propulsion train option is selected, the
Contractor shall deliver the first production hub and specified hub attachments
no later than sixteen (16) months after contract award to support Government
testing. The Contractor shall deliver the first production hub to: Department
of Navy; Naval Surface Warfare Center/Carderock Division; Carderock, Maryland.
12.0 CONSTRUCTION OF LPD 17
12.1 REQUIREMENTS
The Contractor shall construct the LPD 17 ship in accordance with the detail
design and ship systems integration developed by the Contractor. Construction
shall comprise the total effort of building and testing the ship, including the
preparation of work instructions, shop sketches, and other drawings, diagrams,
schedules, plans and data incidental to the construction effort. The
Contractor's attention is drawn to the radar cross section reduction
requirements of the detail design and ship systems integration phase. The
Contractor shall be responsible for the installation and integration of all GFE
(listed in Attachment J0005) on the ship, as well as the procurement and
installation of all CFE, the procurement and installation on board spares,
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repair parts, equipage, and tools and support equipment/documentation for all
Contractor Furnished Equipment (CFE).
Each requirement of this contract that is not included in the detail design
shall nonetheless be satisfied by the Contractor unless specifically stated in
the contract to be the responsibility of the Government.
The Contractor shall prepare and integrate all plans and schedules required
for construction of the ship into the IMP and the MIRWS. Both CFE and GFE
delivery schedules shall be included in the MIRWS. Notwithstanding GFE/GFI
schedules in the MIRWS, the Government's GFE/GFI delivery obligations shall be
as indicated in Attachments J0005 and J0006.
The Contractor shall deliver the LPD 17 in accordance with the delivery date
specified elsewhere in this contract.
12.2 TURNKEY
The Contractor shall comply with the Radio Communication System/Ship Signal
Exploitation Space Implementation (RCS/SSES) Turnkey process described in the
Ship Specifications. The RCS Management Plan, Attachment J0011 is provided for
guidance.
12.3 PERSONAL COMPUTERS, PRINTERS AND PERIPHERALS
In support of the implementation of Ship Specifications requirements for
personal computers, printers and peripherals contained in Attachment J0001
Section 490, the Contractor shall ensure that the equipments installed are
state-of-the-market at the time of preliminary acceptance. The Government and
Contractor shall mutually agree upon a procurement baseline no later than 6
months prior to preliminary acceptance of the ship. These equipments shall be
installed as part of the ship outfitting process.
12.4 AVAILABILITY PERIODS
12.4.1 Prior to Contract Milestone (Builders Sea Trail) but after Contract
Milestone (Builders Dock Trial), the Contractor shall establish an availability
period of not less than twelve (12) weeks to provide for cost effective
incorporation of approved Engineering Change Proposals (ECPs) or Contractor
deficiency corrections.
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12.4.2 Pursuant to Clause F-1, "DELIVERY OF COMPLETED VESSEL", the Contractor
shall provide access to the ship for crew training for a maximum of four hours
each day during the hours 0800-2000 for the period commencing upon completion of
Acceptance Trials and ending at delivery.
12.4.3 During the conduct of crew familiarization training, the Contractor
shall provide ship services such as power, cooling water, dry air, and air
conditioning. The Contractor shall also provide technical and operator
personnel as necessary to assist the crew and Government representatives.
12.5 POST DELIVERY AVAILABILITY
12.5.1 Immediately following delivery, the ship will commence a Post Delivery
Availability of sixty days in duration at the Contractor's facility. During
this period, the Government will perform deferred installation of GFE, conduct
crew training and operate the ship for the purpose of conducting special tests
and trials. In support of these efforts, the Contractor shall provide berthing
space and pierside support for the ship including brows and landing platforms,
as appropriate, utilities from shore connections (electricity, fresh water,
compressed air, sewage, telephone) and crane services. The Contractor shall
also provide convenient parking space and on-site transportation for ships
company personnel as provided to the Nucleus Crew as well as access through the
yard to ship's force personnel and their authorized visitors.
12.5.2 When ordered pursuant to Special Contract Requirement H-Clause "ORDERS",
the Contractor shall provide industrial services for post-delivery work,
industrial services to the Navy test team, and logistic support for the ship's
commissioning ceremony.
13.0 TOTAL SHIP TEST PROGRAM
13.1 TEST AND EVALUATION PROGRAM
13.1.1 The Contractor shall develop and implement the Test and Evaluation
Program (TEP) required by the Ship Specifications, Attachment J0001 and Test
Documentation Booklet, Attachment J0023. The Contractor shall incorporate the
TEP into the IMP. To accomplish design integration testing, the Contractor
shall design and develop a National Test Network (NTN) as required by Attachment
J0001. The Contractor is not precluded from proposing alternative approaches to
accomplish design integration testing.
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Alternative approaches, if proposed, shall be more cost effective than
developing an NTN, and shall not degrade the design integration testing
requirements contained in J0001. Where testing of shipset hardware is required
prior to Land On Ship (LOS), the NTN or other distributed testing methods, shall
be use when cost effective.
13.1.2 The IPPD team shall include a Combined Test Team (CTT). The CTT is
responsible to ensure that the TEP is integrated with all other plans and
schedules of the IMP and the MIRWS.
13.1.3 The Contractor shall procure installation and checkout (INCO) spare
parts needed to support the construction, installation, and testing of CFE. When
required, INCO spares to support GFE will be provided by the Government. Upon
completion of final ship testing, unused INCO spares shall be delivered to the
Government.
13.1.4 The Contractor shall provide any test equipment needed to meet the
requirements of the contract.
13.1.5 The LPD 17 "Lighting Off" (LO) Contract Milestones include Combat System
Light Off (CSLO), Main Engine (MELO), Electrical Generator (EGLO) and Electronic
Systems (ESLO). "LO" is defined as initial power up of equipment (Stage 3
Tests). Prior to light off(s) of any system, or component within a system, the
ship compartments and support systems associated with that system must be
completed to the degree required to support uninterrupted testing. Prior to
system light off(s), the ship compartments containing the systems undergoing
test shall be complete including final paint, air testing and final paint of
supporting spaces such as fan rooms. Shipboard distributed systems shall be
complete including completion of support systems test procedures. A modified
list of ship compartments to support light off shall be updated by the Combined
Test Team (CTT). The selected Stage 3 Tests to be conducted during LO are to be
identified in the MIRWS.
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D. COST OF OWNERSHIP
14.0 CONFIGURATION MANAGEMENT
14.1 CONFIGURATION MANAGEMENT PROGRAM
The Contractor shall develop a Configuration Management program for
maintaining each ship's configuration baseline, identifying configuration items,
maintaining configuration control, conducting functional and physical
configuration audits as appropriate, and maintaining configuration status
accounting. MIL-STD-00973 may be used as guidance. The Contractor shall prepare
engineering change proposals (ECPs), requests for deviations (RFDs), and
requests for waivers (RFWs) in accordance with Contract Requirements C-Clause
"Configuration Management".
14.2 SHIP'S CONFIGURATION BASELINE
The configuration baseline shall be established in the IPDE and maintained
in accordance with Contract Requirements C-Clause "Configuration Management."
14.3 CONFIGURATION VALIDATION
The Contractor shall validate the ship's configuration baseline in
accordance with the Ship Specifications, Attachment J0001.
15.0 INTEGRATED LOGISTIC SUPPORT (ILS) PROGRAM
15.1 IMPLEMENTATION
The Contractor shall implement an ILS program, as required by the Ship
Specifications, Attachment J0001, that ensures supportability criteria and
characteristics are considered throughout the detail design, ship systems
integration, construction, testing, and life cycle support planning. The ship(s)
shall be delivered with accurate and total logistic support in accordance with
MIRWS.
FOR THE PURPOSE OF EMPHASIS, IT IS RESTATED HERE THAT FOR LPD 17
ACQUISITION, THE CONTRACTOR MUST CONSIDER THE PRINCIPAL FACTORS OF THE SHIPS'
OWNERSHIP COSTS FROM THE INCEPTION OF DETAIL DESIGN THROUGH DISPOSAL. THIS POINT
IS MADE THROUGHOUT THE STATEMENT OF WORK TO ENSURE THAT THE CONTRACTOR FULLY
UNDERSTANDS THAT THE INTENT OF THE GOVERNMENT IS TO AGGRESSIVELY SET A NEW
STANDARD IN THE LPD 17 PROCUREMENT.
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The Contractor's IMP (Integrated Logistics Support) shall include a
methodology to monitor and alert the Government of any potential increase in
ship's manning, mission essential equipment maintenance workload and training
requirements above those established in the LPD 17 baselines identified in
Attachments J0010 and J0018.
15.2 PROVISIONING
The Contractor shall integrate the provisioning effort with ship detail
design and engineering, supportability analysis, and material selection
processes to ensure that LPD 17 systems and equipment have optimum logistics
support. The Contractor shall use Readiness Based Sparing system as required by
Attachment J0001 to analyze allowance candidates and their associated cost and
contribution to operational availability.
15.2.1 The Contractor shall use concurrent provisioning processes for
development of Provisioning Technical Documentation (PTD) in accordance with the
NAVSEA Program Manager's Guide. Specific requirements for LPD 17 concurrent
provisioning will be tailored by the Provisioning Management Team after contract
award. The Contractor's MIRWS shall include a PTD development schedule which
shall be mutually agreed to by the Government and Contractor. This schedule
shall depict the timely completion of PTD to allow for the establishment of
organic supply support capability at ship delivery. PTD shall contain
information relating parts to the block on the reliability block diagram.
15.2.2 The Contractor shall develop provisioning documentation as required by
the Ship Specifications and shall furnish all provisioned items ordered by the
Government in accordance with the Special Contract requirements H-Clause,
"ORDERS".
15.3 FITTING-OUT SERVICES
The Contractor, pursuant to Special Contract Requirement H-Clause,
"ORDERS", shall outfit the ship(s) in accordance with the Ship Specifications
and the IMP (Outfitting Operations). The ship(s), when delivered, shall be fully
outfitted with equipment, technical data, and supply support material as defined
by approved allowance and applicability lists. Supply support material includes
all spare and repair parts (an approximate range of 14,000 and depth of 85,000
NSNs), equipage, special tools, support and test equipment, and on-board data
and consumables, including fuels and lubricants. Ammunition, small arms,
cryptographic equipment and pyrotechnics are excluded. Technical data includes
electronic technical manuals, ship selected records, and Planned Maintenance
System documentation.
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15.3.1 The Contractor shall prepare and retain lists of applicable items to be
transferred (hard-copy drawings and technical publications, certifications, or
miscellaneous items such as locks and keys to be placed aboard the ship). The
Contractor and ship's Prospective Commanding Officer or his/her designated
representative shall agree on the details of transfer. The Contractor shall
obtain the signature of the Prospective Commanding Officer or his/her
representative certifying that the Government has accepted custody of the items.
15.4 MAINTENANCE PLANNING
The Contractor shall integrate maintenance planning with detail design,
R & M, manpower optimization, human systems integration, material selection, and
other logistics processes. The Contractor shall propose an Engineered Operating
Cycle (EOC) for the LPD 17 Class which precludes regular ship overhauls (ROHs)
and extends the interval between drydocking availabilities. The Contractor's EOC
shall investigate reduced duration of all depot availabilities. The Contractor's
EOC shall consider the Regional Maintenance Center (RMC) concept which combines
maintenance afloat and maintenance ashore capabilities.
The life cycle support of this ship shall be consistent with the Navy's
Modified Phased Maintenance Program which emphasizes a continuous approach to
performing maintenance to enable ships to undergo availabilities of shorter
duration. The Contractor shall apply "condition based maintenance" strategies
and associated electronic condition monitoring technology to ensure maximum
readiness and greatly reduced organizational workloads for minimum expenditure
of funds.
The Contractor shall develop and implement a Shipboard Facilities
Maintenance Improvement Plan as part of the LPD 17 Manpower Optimization
Program. Requirements for the program shall be developed as part of the IMP. The
Contractor shall undertake new and innovative means to reduce shipboard facility
maintenance requirements in all habitability areas to reduce operating and
support costs. The Contractor shall recommend to the Government areas of the
ship where improvements can be accomplished and provide an assessment of the
impact and cost to implement these improvements. The plan shall also include a
description of how shipboard facilities maintenance requirements will be
accomplished throughout the ships' service life.
The Contractor shall use maintenance planning methods which assess the
number of manhours required for individual tasks in determining the need for
IETMs and interactive diagnostics to reduce MTTR.
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THE OVERALL OBJECTIVE OF MAINTENANCE PLANNING FOR THE SHIP IS TO USE NEW
TECHNOLOGIES TO REDUCE THE NUMBER OF MANHOURS EXPENDED PERFORMING MAINTENANCE.
15.5 SUPPORT AND TEST EQUIPMENT
The Contractor shall procure, calibrate, warehouse in secured storage, and
outfit support and test equipment pursuant to orders placed in accordance with
Special Contract Requirements H-Clause "ORDERS".
15.6 TRAINING AND PERSONNEL
The Contractor shall be responsible for total shipboard training
integration (including training and embarked troops) which shall be accomplished
as an integral component of the detail design, ship system integration, testing,
logistics, construction, and life cycle support planning. The training system
capability shall promote cross-training, eliminate NECs, allow assignment of
lowest level technician with high confidence, and reduce the organic training
pipeline (number and length of courses required).
The Contractor shall use enabling technologies that focus on reduced
manning and improved readiness. Traditional systems as well as a full range of
simulation and stimulation techniques and synthetic environments shall include:
--Authoring Instructional Materials (AIM)
--Computer Improved Instructor Training Aid (CIITA) and other evolving
instructor tools,
--Distributive Interactive Simulation (DIS)
--Interactive Electronic Tech Manuals (IETM) with training linkages,
--Interactive Courseware/Computer Based Training (ICW/CBT)
--Distance Learning and the Electronic Classroom via Video Teleconferencing
(VTC)
--Training Effectiveness Evaluation (TEE) methods to continuously monitor
and improve training capabilities.
16.0 LIFE CYCLE COST ESTIMATES
16.1 IMPLEMENTATION
The Contractor shall implement a Life Cycle Cost Estimating Program (LCCEP)
to ensure that cost of ownership is considered by the IPPD team throughout
detail design, ship systems integration, construction, testing, logistics, and
life cycle support
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planning. Within 90 days after contract award, the Contractor shall provide an
initial baseline life cycle cost estimate for the lead ship.
The baseline life cycle cost estimate shall be revised and issued quarterly
thereafter to reflect the current configuration of the ship(s) under this
contract. The estimate shall include projected life cycle cost estimates for
anticipated future ships of the LPD 17 Class.
The Contractor shall prepare life cycle cost estimates to support trade-off
decisions by the IPPD team in selecting systems, equipment, components, and
materials and other ship attributes for the ship(s) under this contract.
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16.2 LIFE CYCLE COST ESTIMATING METRICS
The Contractor shall establish life cycle cost estimating processes and
procedures that include metrics and relationships for identifying the time
phasing of cost effects of ship attributes for each category of cost included in
Attachment J0022 for all phases of the life cycle of each ship of the LPD 17
Class. The life cycle cost estimate for each ship shall include the estimated
annual cost by cost category for each year of the ship from contract award
through disposal. The life cycle cost estimate for each ship shall include the
estimated cost of Government furnished items and Contractor furnished items, and
shall separately identify the cost of these items within the life cycle cost
estimate. Life cycle cost estimates shall be provided in then year dollars and
in constant FY 1996 dollars. The life cycle cost estimating methodology shall
include the capability to convert the annual cost streams to a net present value
in FY 1996. The Life Cycle Cost Estimating Table, Attachment J0022, shall be
used in performance of all Life Cycle Cost calculations.
16.3 LIFE CYCLE COST ESTIMATING IN IPDE
The life cycle cost estimate is an attribute of the ship and is integral to
the product model of the ship. The Contractor shall develop automated
capabilities for performing life cycle cost estimating that are integrated with
the IPDE, the CWBS, and the evolving ship configuration. The Contractor shall
develop, as part of the IPDE, the capability to maintain a complete life cycle
cost estimate history throughout the life cycle for each ship of the LPD 17
class.
ITEM 0004 - FAMILIARIZATION
The Contractor shall develop and conduct a familiarization program as
delineated in the IMP (Integrated Logistics Support).
ITEM 0005 - TECHNICAL MANUALS
17.0 TECHNICAL MANUALS
The Contractor shall be responsible for supplying a full set of electronic
technical manuals, authored in Standard American English, to support operation
and maintenance of the entire ship. The Contractor shall provide technical
manuals in accordance with the Ship Specifications, Attachment J0001.
The Contractor shall be responsible for proposing delivery dates for
Technical Manuals as part of the MIRWS (Integrated
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Logistics Support). The proposed dates shall support the familiarization
training program.
ITEM 0006 - MATERIAL (FFP)
18.0 MATERIAL
The Contractor shall provide COSAL material and major shore based spares
for the ship in accordance with Special Contract Requirement H-Clause entitled
"ORDERS".
ITEM 0007 - PERFORM SPECIAL STUDIES, ANALYSES AND REVIEWS (CPFF)
19.0 SPECIAL STUDIES, ANALYSES AND REVIEWS
The Contractor shall perform special studies, design, analyses, and
reviews, in support of the Design and Construction of LPD 17, in accordance with
Special Contract Requirements H-Clause entitled "ORDERS".
ITEM 0008 - PERFORM ENGINEERING AND INDUSTRIAL SERVICES (FFP)
20.0 ENGINEERING AND INDUSTRIAL SERVICES
The Contractor shall perform engineering industrial services and provide
material/equipment for the ship when issued a contract modification in
accordance with Special Contract Requirements H-Clause entitled "ORDERS".
ITEM 0009 - LPD 17 CLASS LIFECYCLE SUPPORT PLANNING - POST DETAIL DESIGN AND
CONSTRUCTION (OPTION) (CPAF)
21.0 LIFE CYCLE SUPPORT PLANNING
The Government anticipates establishing and maintaining a long term
relationship with the FSC throughout the service life of the LPD 17 Class. The
LPD 17 Class acquisition strategy includes a phased decision making process
beginning with the selection of an FSC and the FSC's cost reduction efforts
initiated under CLIN 0001. The process is sustained if the Government exercises
CLIN 0009. The decision to exercise CLIN 0009 will be made approximately 40
months after lead ship contract award. The Government's decision to exercise
CLIN 0009 will be based on an assessment of the Contractor's achievements
regarding life cycle cost performance under this Contract, as
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well as its proposed prices for the next ship construction contract.
The Contractor's subsequent performance under CLIN 0009, as well its
proposed prices for the final ship construction contract and the LPD 17 Class
Planning Yard Contract, will provide the basis for the Government's decision to
award an LPD 17 Class Planning Yard Contract to the FSC concurrently with the
award of the final ship construction contract.
21.1 LIFE CYCLE SUPPORT PLANNING
The Contractor shall develop an LPD 17 Life Cycle Support Plan as part of
the IMP that shall address planning for the ships' operation cycle, maintenance
and modernization, homeporting, ILS life cycle, configuration data management,
ADP system support and life cycle integration.
21.2 OPERATIONAL CYCLE PLANNING
The Contractor shall develop methods and practices, not previously
considered during detail design and construction, to continue to reduce the
duration of availabilities.
21.3 MAINTENANCE AND MODERNIZATION PLANNING
The Contractor, through the IPPD team, shall develop and update an LPD 17
Class Maintenance and Modernization Plan (CMMP), (which will ultimately be
tailored for each ship), based upon continuous reliability and maintainability
engineering efforts, planned mid-life and other warfighting upgrades, and
alteration planning. The CMMP shall be a separate Annex of the IMP. The Class
Maintenance Policy for Surface Ships Specification, NAVSEA
SL790-AC-SPN-010/(CMP) Rev. A, 1 October 1995, may be used for guidance. The
CMMP shall identify total maintenance requirements and all necessary support
requirements (including plant industrial equipment, special test equipment,
special facilities, and shore-based spares). The CMMP shall provide for an
interface with the Navy's automated 3M system.
The Contractor's CMMP shall provide for a central planning activity for all
maintenance and modernization work to be performed during the ship(s) lifetime.
The Contractor's plan shall include methods, techniques and metrics to monitor
and measure results of reduced life cycle cost initiatives implemented during
the detail design and construction phases. These methods, technique and metrics
shall include, at a minimum, data from shipboard electronic condition monitoring
systems.
Additionally, the Contractor shall provide for the development and
integration of a Hull Management System within IPDE to provide in-service
support of LPD 17 ships to track
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individual maintenance and modernization plans/schedules and all
engineering/alteration planning. This system shall be linked to the CMMP for
each hull and shall indicate the readiness to execute each of the work items in
the CMMP.
21.3.1 The Contractor's CMMP shall address: participation in the LPD 17 Class
Change Control Process (CCP); accomplishment of backfit or other alterations for
applicable ships; planning "forward fit" changes for follow ships; technical
reviews of SCN-ship changes to determine applicability to operational ships;
and, RM&A data to determine potential candidates for design change.
The Contractor's plan shall address the maintenance of required
characteristics throughout the life cycle of the ship. Specific attention shall
be placed on configuration control in the area of radar cross section reduction
and survivability and weight and moment control to ensure full life cycle
capability.
21.3.2 The Contractor's plan shall address the capability within IPDE to track
individual ship maintenance and modernization plans/schedules and EOC planning
through the IMP and the MIRWS.
21.4 HOMEPORT PLANNING
The Contractor CMMP shall provide on-site Homeport Troubleshooting Teams to
provide technical assistance to ship's force and provide liaison between the
ships, TYCOMs, PMS317 and other Government activities.
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21.5 ILS LIFE CYCLE PLANNING
The Contractor CMMP shall address the continuous update and maintenance of
all logistics products developed during design and construction. Elements of
this plan shall include technical data (e.g., ship selected records, ETMS,
IETMS, PMS, COSAL, DCB/DCS, ICAS). The Contractor shall include in the plan a
method for the establishment of a Mobile Industrial Support Equipment (MISEP)
Program. The Contractor shall perform cost benefit and analysis to determine if
the MISEP would reduce ownership costs.
21.6 CONFIGURATION DATA MANAGEMENT PLANNING
The Contractor CMMP shall address performance of Configuration Data
Management (CDM) responsibility for the LPD 17 ship class. The plan shall
address the maintenance of Weapon System File data and the integrity of the
ships' SNAP database, and ship's configuration baselines. The plan shall also
identify methods to be used to develop Configuration Overhaul Planning data.
21.7 SYSTEMS SUPPORT PLANNING
The Contractor CMMP shall address the coordination of software
updates/improvements and ship/equipment modernization throughout the ships' life
cycle. The plan shall identify which shipboard systems require ISEA support and
recommend, of those, which should have Contractor ISEA support.
ITEM 0010 - AFFORDABILITY THROUGH COMMONALITY (FFP)
22.0 AFFORDABILITY THROUGH COMMONALITY
In accordance with firm-fixed priced orders issued pursuant to H-11 "ORDER"
the Contractor shall participate in a Research and Development effort to
undertake ATC efforts authorized by the Government as described by Attachment
J0021. The concept is to identify and develop ideas, technologies, materials,
processes, methods, devices, or techniques which can be applied across Navy ship
programs to achieve lower life cycle cost. These efforts shall explore the use
of common architectures, modularization, standardization, and process
simplification/improvement, including design for production.
The generic development program for the Navy's Affordability Through
COMMONALITY Program (ATC) efforts may encompass any discipline, functional area
or suggested measure for the ATC life cycle cost reduction initiatives.
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ITEM 011 - CROSS PROGRAM PROCUREMENT (CPP) (FFP-LOE)
23.0 CROSS PROGRAM PROCUREMENT
The Navy is implementing an initiative to achieve increased standardization
and reduced logistics support costs across multiple ship programs. This
initiative is known as Cross Program Procurement (CPP). In support of this
initiative, the FSC shall negotiate options for designated LPD 17
equipment/systems that can be exercised by commercial or Government activities
designated by the Government. For ships under this contract, these equipments
shall be procured and installed under the appropriate construction Line Item(s).
The equipment/systems designated below are included in the CPP initiative:
1. Firepumps-175psi and 150psi 1000 GPM (annual quantities 0-60)
2. Reverse Osmosis Desalinization Plants-12000 GPD (annual quantities 0-20)
3. Refrigeration Plants-1.5 ton, HFC 134 (annual quantities 0-15)
4. Air Conditioning Plants-200 ton, HFC 134 (annual quantities 0-35)
The FSC shall negotiate options which contain a range of step ladder prices
dependent on the quantities of systems/equipment procured in any Fiscal Year.
The maximum annual quantities to be included in the options shall be as
indicated above for each system/equipment. The quantities specified above
include LPD 17 requirements. For each system/equipment, the unit price in any
given Fiscal year shall be determined by the total quantity ordered during that
Fiscal year. The options shall cover a period of 5 years with the initial year
of procurement beginning FY97. Copies of option agreements shall be provided to
activities as designated by the Government.
23.1 CONFIGURATION CONTROL FOR CPP SYSTEMS/EQUIPMENTS
The FSC shall maintain baseline configuration control of CPP
equipments/systems under this contract line item. The FSC shall develop,
maintain and update configuration control procedures and the technical hardware
and software configuration, shall control
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changes to these systems/equipments and provide configuration status accounting
reports.
23.1.1 The FSC shall develop and maintain current configuration control
procedures for CPP equipment to apply to the FSC, vendors and other procurement
activities designated by the Government. These procedures shall be part of the
overall Configuration Management Plan developed as part of the IMP.
The FSC shall maintain configuration control procedures with cognizant
vendors and implement configuration control procedures with the above
organizations.
The FSC shall assist in developing the procedures necessary to transition
CPP configuration control from new construction to life cycle support.
23.2 CONFIGURATION CONTROL
(a) The FSC shall review and evaluate proposed changes to CPP
systems/equipment and identify mandatory and optional changes. Mandatory changes
are those that must be accomplished for the safety of personnel or equipment, to
obtain satisfactory equipment performance, or are required to satisfy an
operational aspect of another ship change. For mandatory changes, the Contractor
shall make recommendations for approval or revision and re-submittal. For
optional changes, the Contractor shall evaluate the change for utility and real
value offered to the Government and make recommendations for approval, revision
and submittal or disapproval.
(b) For each equipment change, the FSC shall determine potential interface
impact upon the ship, impact upon delivery schedule of the equipment and
identify "impact" and "no impact" changes.
(c) For "impact" changes, the FSC shall provide the anticipated impact on
ship interface or delivery schedule of the equipment and a recommended course of
action to the Government, including recommended retrofit actions. The impact of
the change on designated procuring activities shall also be obtained. When
appropriate the FSC shall secure vendor information and or direct preparation of
a vendor ECP. All "impact" changes will be considered Class I changes as defined
in DOD-STD-480B. This impact summary shall be included as part of the FSC's ECP
submittal.
(d) For changes the FSC identifies as having no impact on ship interface or
ship delivery schedule, the FSC shall classify proposed vendor changes as Class
I or II as defined in DOD-STD-
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480B. Class I and Class II changes shall be submitted to the Navy for technical
review and approval. Class II changes shall be submitted to the Navy for
concurrence in classification.
(e) The FSC shall, when authorized by the Navy, negotiate all changes with
the vendors. The FSC shall negotiate price and terms with the vendor, shall
compile results including the FSC's cost/price analysis, develop a recommended
implementation plan, and shall submit these results to designated procurement
activities for concurrence. Subsequent to receipt of procurement activities
concurrence, the FSC shall submit the ECP package to the Government for
approval. Appropriate requirements/procedures will be added to requiring
activity contracts to support the process.
(f) For all Navy approved changes the FSC shall direct vendor changes to
drawings and documents. As applicable, proposed changes to drawings and
documents, retrofit instructions and recommendations for six (6) months on-
board repair parts shall be included in hardware ECPs. Recommendations for on
board repair parts must be consistent with the maintenance concept for that
equipment and required parts availability to support ship operations.
(g) The FSC shall provide direction to vendors and ensure that purchase
order addenda require that each retrofit kit contain Navy-approved installation
instructions, the retrofit accomplishment report form, a complete packing list
for the change kit and the requirement that the kit is externally identified by
its proper identifying number.
(h) The FSC shall receive and record, from various sources, Retrofit
Accomplishment Reports which acknowledge the incorporation of changes into the
hardware.
(i) The FSC shall request retrofit schedules for installation of retrofit
kits from the designated procurement activities and shall compile and maintain
records thereof.
(j) The FSC shall review all vendor furnished data requirements which
undergo revision as the result of authorized changes. The work shall include the
review of the revisions made to CPP Equipment data, follow-up with vendors on
required corrections and resolution of any outstanding problems with changed
data. The FSC shall negotiate, as necessary, changes to the Option agreement
Purchase Order to incorporate approved changes. Further, the FSC shall provide
the designated procurement activities necessary information to amend their
purchase orders to incorporate the approved changes.
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(k) In support of this program, the FSC shall determine the need for any
changes to affected equipment Test Procedures and shall submit the recommended
changes to the Navy for approval. These changes shall be submitted as part of
the FSC's impact summary described in (c) above.
(1) The FSC shall maintain a financial accounting system to identify the
costs associated with each CPP item, for all ships under all designated
procurement activity contracts. This data shall include but not be limited to;
option agreement prices, in-process changes not yet approved (to include both
non-recurring and recurring costs), approved changes (to include non-recurring
and recurring costs), and a running balance of the total cost of each CPP item.
23.3 Resolution of CPP Deficiencies
The FSC shall assist the Navy by providing advice and recommendations on
issues regarding CPP deficiencies. This shall pertain primarily, but not
exclusively, to issues regarding classification as a quality problem, a vendor
design problem, a non-vendor design problem or an installation problem.
23.3.1 CPP Vendor Contracts and Option Agreements
The FSC shall perform the following in support of CPP vendor contract
option agreements:
1. Be responsible for placing contracts with vendors which establish
options to support out-year procurement and construction needs for all
designated procurement activities.
2. Be responsible for maintaining, updating or renewing existing
contracts and option agreements.
3. Update option agreements and/or contracts to reflect all approved
CPP changes. The Contractor shall maintain a numbering system for CPP changes.
4. Identify and process modifications to CPP option agreements and/or
requirements contracts to support the requirements of CPP configuration control.
23.3.2 Configuration Status Accounting for CPP:
The FSC shall support Configuration Status Accounting for CPP as follows:
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1. Record reports of change incorporation from vendors,
designated procurement activities and Navy retrofits. The FSC shall
publish and distribute status reports periodically to the Navy, the
designated procurement activities, and others designated by the Navy. The
FSC shall develop and maintain a computer assisted configuration
accounting system that will provide for change processing status,
retrofit status, as built configuration data per equipment per hull,
software change and status activity and shall be responsive to ad hoc
reporting requirements. This shall be a part of the FSC's Configuration
Management Information System.
2. Maintain a change history file consisting of baseline
drawings plus changed drawings for each item of CPP. This history file
shall be updated to reflect current approved changes to CPP.
3. Based on designated procurement activity inputs, track
retrofit kit delivery and receipts among vendor, and designated
procuring activities.
4. Provide other CPP program support software (e.g. ECPs,
marked up drawings, technical manual changes, retrofit installation
instructions, etc.) to designated activities as directed by the Navy.
23.3.4 Maintenance of CPP Procurement Specifications
The FSC shall maintain CPP procurement specifications for
the Navy. The FSC shall:
(1) Control all revisions to the documents;
(2) Track the status of all ECPs which impact CPP procurement
specifications;
(3) Maintain Master CPP Procurement Specifications for each
program year;
(4) Assemble baseline CPP Procurement Specifications as
required to support RFP releases; and
(5) Update and distribute CPP Procurement Specifications as
required to support procurement and construction needs of all designated
procurement activities.
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ITEM 0012 - DATA
- ----------------
The data to be furnished hereunder shall be prepared in accordance with the
Contract Data Requirements List, DD Form 1423, Exhibit(s) "A" attached
hereto.
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PART 2 - GENERAL REQUIREMENTS
C-1. ACCESS THE VESSEL(S) (AT) (NAVSEA) (JAN 1983)
Officers, employees and associates of other prime Contractors with the
Government and their subcontractors, shall, as authorized by the Supervisor,
have, at all reasonable times, admission to the plant, access to the
vessel(s) where and as required, and be permitted within the plant and on the
vessel(s) to perform and fulfill their respective obligations to the Government.
The Contractor shall make reasonable arrangements with the Government or
Contractors of the Government, as shall have been identified and authorized by
the Supervisor to be given admission to the plant and access to the vessel(s)
for office space, work areas, storage or shop areas, or other facilities and
services, necessary for the performance of the respective responsibilities
involved, and reasonable to their performance.
C-2. ACCESS TO VESSELS BY NON-U.S. CITIZENS (NAVSEA) (MAY 1993)
(a) No person not known to be a U.S citizen shall be eligible for access to
naval vessels, work sites and adjacent areas when said vessels are under
construction, conversion, overhaul, or repair, except upon a finding by
COMNAVSEA or his designated representative that such access should be permitted
in the best interest of the United States. The Contractor shall establish
procedures to comply with this requirement and NAVSEAINST 55OO.3 (series) in
effect on the date of this contract or agreement.
(b) If the Contractor desires to employ non-U.S. citizens in the performance
of work under this contract or agreement that requires access as specified in
paragraph (a) of this requirement, approval must be obtained prior to access for
each contract or agreement where such access is required. To request such
approval for non-U.S. citizens of friendly countries, the Contractor shall
submit to the cognizant Contract Administration Office (CAO), an Access Control
Plan (ACP) which shall contain as a minimum, the following information:
(1) Badge or Pass oriented identification, access, and movement control
system for non-U.S. citizen employees with the badge or pass to be worn or
displayed on outer garments at all times while on the Contractor's facilities
and when performing work aboard ship.
(i) Badges must be of such design and appearance that permits easy
recognition to facilitate quick and positive identification.
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(ii) Access authorization and limitations for the bearer must be
clearly established and in accordance with applicable security regulations and
instructions.
(iii) A control system. which provides rigid accountability
procedures for handling lost, damaged, forgotten or no longer required badges,
must be established.
(iv) A badge or pass check must be performed at all points of entry
to the Contractor's facilities or by a site supervisor for work performed on
vessels outside the Contractor's plant.
(2) Contractor's plan for ascertaining citizenship and for screening
employees for security risk.
(3) Data reflecting the number, nationality, and positions held by non-
U.S. citizen employees, including procedures to update data as non-U.S. citizen
employee data changes, and pass to cognizant CAO.
(4) Contractor's plan for ensuring subcontractor compliance with
the provisions of the Contractor's ACP.
(5) These conditions and controls are intended to serve as guidelines
representing the minimum requirements of an acceptable ACP. They are not meant
to restrict the Contractor in any way from imposing additional controls
necessary to tailor these requirements to a specific facility.
(c) To request approval for non-U.S. citizens of hostile and/or communist-
controlled countries (listed in Department of Defense Industrial Security
Manual, DOD 5220.22-M or available from cognizant CAO), Contractor shall include
in the ACP the following employee data: name, place of birth, citizenship
(if different from place of birth), date of entry to U.S., extenuating
circumstances (if any) concerning immigration to U.S., number of years employed
by Contractor, position, and stated intent concerning U.S. citizenship.
COMNAVSEA or his designated representative will make individual determinations
for desirability of access for above group. Approval of ACP's for access of non-
U.S. citizens of friendly countries will not be delayed for approval of non-U.S.
citizens of hostile communist-controlled countries. Until approval is received,
Contractor must deny access to vessels for employees who are non-U.S. citizens
of hostile and/or communist-controlled countries.
(d) An ACP which has been approved for specific Master Ship Repair Agreement
(MSRA) or Agreement for Boat Repair (ABR) or
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Basic Ordering Agreement (BOA), is valid and applicable to all job orders
awarded under that agreement.
(e) The Contractor shall fully comply with approved ACPs. Noncompliance by the
Contractor or subcontractor serves to cancel any authorization previously
granted, in which case the Contractor shall be precluded from the continued use
of non-U.S. citizens on this contract or agreement until such time as the
compliance with an approved ACP is demonstrated and upon a determination by the
CAO that the Government's interests are protected. Further, the Government
reserves the right to cancel previously granted authority when such cancellation
is determined to be in the Government's best interest. Use of non-U.S. citizens,
without an approved ACP or when a previous authorization has been canceled, will
be considered a violation of security regulations. Upon confirmation by the CAO
of such violation, this contract, agreement or any job order issued under this
agreement may be terminated or default in accordance with the clause entitled
"DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR 52.249-8), "DEFAULT (FIXED-PRICE
RESEARCH AND DEVELOPMENT)" (FAR 52.249-9) or "TERMINATION (COST
REIMSURSEMENT)" (FAR 52.249-6), as applicable.
(f) Prime Contractors have full responsibility for the proper administration or
the approved ACP for all work performed under this contract or agreement,
regardless of the location of the vessel, and must ensure compliance by all
subcontractors, technical representatives and other persons granted access to
U.S. Navy vessels, adjacent areas, and work sites.
(g) In the event the Contractor does not intend to employ non-U.S. citizens in
the performance of the work under this contract, but has non-U.S. citizen
employees, such employees must be precluded from access to the vessel and its
work site and those shops where work on the vessel's equipment is being
performed. The ACP must spell out how non-U.S. citizens are excluded from access
to contract work areas.
(h) The same restriction as in paragraph (g) above applies to other than non-
U.S. citizens who have access to the Contractor's facilities (e.g., for
accomplishing facility improvements, from foreign crewed vessels within its
facility, etc.).
C-3. ALTERNATIVES TO SPECIFICATIONS OR STANARDS
(a) This contract contains military, federal and non-government specifications
and standards. To assist in the standardization of military/commercial
specifications and standards and to enable the Government to evaluate current
commercial practices, the Contractor is encouraged to propose (1) alternatives
to those
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military, federal or commercial specifications and standards listed in this
contract and/or (2) tailoring of mandatory military or federal specifications
and standards identified in this contract.
(b) The contractor is encouraged to propose alternative commercial
specifications and standards or specifications and standards as replacements for
any mandatory military, federal or non-government specification and standard
listed herein. The contractor's proposal must identify the mandatory
specifications and standards proposed for replacement, include a copy of the
proposed alternative commercial or tailored specification or standard, and
provide supporting rationale for the recommended replacement, which explains why
the proposed alternative is more advantageous to the government, but without
compromise to mandatory contract performance requirements.
(c) The Government will evaluate the proposed alternative specifications and
standards to determine whether they meet/satisfy the contract requirements. If
the Government accepts the proposed alternative specification and standards, the
recommendation will be incorporated into the contract, either in whole or in
part, at the Government's discretion.
C-4. APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 1983)
Approval by the Government as required under this contract and applicable
specifications shall not relieve the Contractor of its obligations to comply
with the specifications and with all other requirements of the contract, nor
shall it impose upon the Government any liability it would not have had in the
absence of such approval.
C-5. ASSIGNMENT AND USE OF STOCK NUMBERS (NAVSEA) (SEP 1990)
To the extent that National Stock Numbers (NSNs) or preliminary NSNs are
assigned by the Government for the identification of parts, pieces, items,
subassemblies or assemblies to be furnished under this contract, the contractor
shall use such NSNs or preliminary NSNs in the preparation of provisioning
lists, package labels, packing lists, shipping containers and shipping documents
as required by applicable specifications, standards or Data Item Descriptions of
the contract or as required by orders for spare and repair parts. The cognizant
Government Contract Administration Office shall be responsible for providing the
Contractor such NSNs or preliminary NSNs which may be assigned and which are not
already in possession of the Contractor. NSNs are not required to appear on any
equipment, parts or components (including spare and repair parts) to be
furnished under this contract.
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C-6. ASSOCIATE CONTRACTOR AGREEMENT (ACA)
The Contractor recognizes and agrees the performance under this contract must be
coordinated with Government Furnished Equipment vendors. For this purpose, the
Contractor shall enter into ACAs with the 'associate contractors' listed in
Attachment J0031 in support of the LPD 17 program. These ACAs shall provide for
completion of tasks detailed in the Statement of Work for exchange of data, and
for such other interactions and cooperative effort among the contractors as may
be necessary to achieve total ship systems integration. The Contractor shall
fund the effort of Associate Contractors as necessary to meet the requirements
of this clause. The ACAs listed in Attachment J0031 are categorized as either
I, II or III in descending order of anticipated level of effort. The Contractor
shall negotiate ACAs for each GFE item identified in Attachment J0031 in the
amount (inclusive of fee) not to exceed $100,000 for Category I, $50,000 for
Category II, and $25,000 for Category III.
To assure the greatest degree of integration between the tasks called for under
this contract and tasks under associated contracts, the contractor shall:
a. Coordinate and exchange freely and directly with the associate
contractors, all information pertinent and essential for the detail
design, ship systems
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integration, construction, testing, logistics and life
cycle support planning of the LPD 17 within the scope of
this contract.
b. Negotiate associate agreements with all associate
contractors as identified above. The associate agreement shall address
the following:
-Identification of the data, data rights and information to
be furnished between the prime contractor and associate
contractors.
-Services to be provided to each party.
-Materials to be provided to each party.
-Facilities to be provided by each party.
-Delineation of respective interface responsibilities.
-Provision for furnishing copies of communications relative
to performance of prime or associate contractor
responsibilities.
-Marking and handling or proprietary information or data
interchanged between the prime and associate contractors.
-Participation and Attendance by Associate Contractors in
the LPD 17 specific technical meetings.
c. Work with associate contractor as necessary to resolve interface
problems.
Any disagreement which cannot be resolved between the prime Contractor and/or
associate contractors shall be submitted to the Procuring Contracting Officer
(PCO). The Contractor shall not be relieved of its obligations to make timely
deliveries or to be entitled to any other adjustments because of failure of the
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contractor to promptly refer matters to the PCO or because of failure to
implement PCO directions.
C-7. CONFIGURATION MANAGEMENT
The Contractor shall provide and maintain configuration control throughout the
performance of this contract. MIL-STD-O973A (Draft) may be used as guidance.
The Contractor shall establish and maintain a configuration control baseline,
and shall not depart from that baseline without the approval by the Government
of formal change proposals. The ship's configuration baseline shall be the
product model and shall include any drawings or documents, set forth or
referenced in the ship's specifications and the Statement of Work.
All formal change submittals shall contain a one page executive summary
background and rationale for the change. The supporting data shall include a
detailed technical description itemizing clearly both material deleted and
material added as well as any difference in the labor involved or equivalent
information for any change. The data shall also include estimates of the impact
of the proposed change on (i) the estimated cost, base fee and award fee of the
ship(s) construction, and (ii) revised constructions schedules. The data shall
include sufficient detail to allow the government to discern how the cost of the
change was determined. In addition, changes to life cycle support costs shall
be included. Change proposals which do not contain adequate support data will
be returned to the Contractor for resubmittal with no additional preparation
costs to be borne by the Government.
In addition to any submittal of an initial or revised formal engineering change
proposal, the Contractor agrees to submit, upon request of the Contracting
Officer, a completed and signed SF 1411 "Contract Pricing Proposal (Cover
Sheet)", and a signed "Certificate of Current Cost or Pricing Data". Where SF
1411 is required, the change proposal number from block 5d of DD Form 1692 shall
be entered in the "This proposal is submitted in response to", block of the SF
1411; the "Estimated Costs/Savings Under Contract", in block 21 of DD Form 1692
shall agree with the total "Net Cost of Change" shown on SF 1411 and the "Effect
on Production Delivery" in block 19 of DD Form 1692 shall be restated under
"Reference" on the SF 1411.
In addition to formal engineering change proposals, the Contractor shall submit
requests for major, critical, or minor deviations or waivers.
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The Contractor shall verify (by physical inspection including sight validation
of the ship(s)) to the Government that all engineering change proposals, cost
proposals, and non-engineering change proposals authorized by Field Modification
Requests (FMRs) and Headquarters Modification Requests (HMRs) (including
Government responsible trial items) have been incorporated into the ship(s).
Verification shall include:
a. List of all engineering change proposals authorized by HMRs or
FMRs to date,
b. List of those engineering change proposals authorized by HMRs or
FMRs verified to be complete.
c. List of those engineering change proposals authorized by HMRs or
FMRs which are partially complete or not started with scheduled date for their
completion.
C-8. NOT USED.
C-9. DEPARTMENT OF LABOR SAFETY AND HEALTH STANDARDS FOR SHIPBUILDING (AT)
(NAVSEA) (JAN 1990)
Attention of the Contractor is directed to Public Law 91-596, approved December
29, 1970 (84 Stat. 1590, 29 USC 655) known as the "OCCUPATIONAL SAFETY AND
HEALTH ACT OF 1970" and to the "OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR
SHIPYARD EMPLOYMENT" promulgated thereunder by the Secretary of Labor (29 CFR.
1910 and 1915). These regulations apply to all shipbuilding and related work,
as defined in the regulations. Nothing contained in this contract shall be
construed as relieving the Contractor from any obligations which it may have for
compliance with the aforesaid regulations.
C-10. DISCLAIMER ON CERTAIN GOVERNMENT PROVIDED INFORMATION
As specified in various sections of this contract, Government information will
be provided to the Contractor for use in performance of the contract
requirements. This information is not warranted by the Government to be
acceptable for use in the performance of this contract and the Government shall
not assume any liability for its use by the Contractor. If the Contractor uses
this information, the Contractor assumes any risk associated with its use. An
itemized list of this information is as follows:
- Attachment J0011 RCS Management Plan - Attachment J0026 Contract
Guidance Drawings
- Attachment J0027 Computer Aided Engineering Data
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- Attachment J0028 Affordability Through Commonality Data
- Drawings specified for Guidance in Attachment J0001
- ICAS and DCS Software Documentation
C-11. NOT USED.
C-l2. NOT USED.
C-13. INFORMATION AND DATA FURNISHED BY THE GOVERNMENT (COST TYPE)
(a) Contract Specifications. The Government will furnish, if not included as an
-----------------------
attachment to the contract, any unique contract specification set forth in
Section C.
(b) Contract Drawings and Data. The Government will furnish contract
--------------------------
drawings, and/or other design data cited or referenced in Section C or in the
contract specification as mandatory for use or for contract guidance.
(c) Government Furnished Information (GFI). GFI is defined as that
-------------------------------------
information essential for the installation, test, operation, and interface
support of all Government Furnished Material enumerated on NAVSEA Form 4205/19
or Schedule A, as applicable, attached to the contract. The Government shall
furnish only the GFI identified on the NAVSEA Form 4340/2 or Schedule C, as
applicable, attached to the contract. The GFI furnished to the contractor need
not be in any particular format. Further, the Government reserves the right to
revise the listing of GFI on the NAVSEA Form 4340/2 or Schedule C, as
applicable, as follows:
(1) The Contracting Officer may at any time by written
order:
(i) delete, supersede, or revise, in whole or in part, data
listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as
applicable; or
(ii) add items of data or information to NAVSEA Form 4340/2
or Schedule C, as applicable; or
(iii) establish or revise due dates for items of data or
information in NAVSEA Form 4340/2 or Schedule C, as applicable.
(2) If any action taken by the Contracting Officer pursuant to
subparagraph (1) immediately above causes an increase or decrease in the costs
of, or the time required for, performance of any part of the work under this
contract, an equitable adjustment shall be made in the contract amount and
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delivery schedule in accordance with the procedures provided for in the clause
of this contract entitled "CHANGES--COST-REIMBURSEMENT" (FAR 52.243-2) or
"CHANGES--TIME-AND-MATERIALS OR LABOR-HOURS" (FAR 52.243-3).
(d) Except for the Government information and data specified by paragraphs (a),
(b), and (c) above, the Government will not be obligated to furnish the
Contractor any specification, standard, drawing, technical documentation, or
other publication, notwithstanding anything to the contrary in the contract
specifications, the GFI listed on the NAVSEA Form 4340/2 or Schedule C, as
applicable, the clause of this contract entitled "GOVERNMENT PROPERTY (COST-
REIMBURSEMENT, TIME-AND-MATERIAl, OR LABOR-HOUR CONTRACTS)" (FAR 52.245-5), or
any other term or condition of this contract.
(e) Referenced Documentation. The Government will not be obligated to furnish
------------------------
Government specifications and standards, including Navy standard and type
drawings and other technical documentation, which are referenced directly or
indirectly in the contract specifications set forth in Section C and which are
applicable to this contract as specifications. Such referenced documentation
may be obtained from:
Standardization Document
Order Desk, Building 4, Section D
700 Robbins Avenue
Philadelphia, Pennsylvania 19111-5094
Commercial specifications and standards, which may be referenced in the contract
specification or any sub-tier specification or standard, are not available from
Government sources and should be obtained from the publishers.
C-14. NUCLEUS CREW
The Nucleus Crew will total approximately 107 personnel. They shall have
reasonable access to the Contractor's plant at all reasonable times for a period
commencing approximately twelve (12) months prior to ship acceptance trials.
The Contractor shall provide the Nucleus Crew with separate offices at the
Contractor's plant, similar to those of the IPPD team, which include the
necessary space, furnishings and facilities for a minimum of 12 officers and 95
enlisted men. The space allocation shall be at least 100 square feet per
officer for officers, and 75 square feet per enlisted man for enlisted men.
Concurrently, the Contractor shall make available telephone services, classified
material and cash stowage facilities, ship's store, vending machine stowage,
use of network supported classrooms, a
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network supported conference room for daily meetings, toilet facilities/rest
rooms, and parking spaces adjacent to the offices for three official vehicles.
The Contractor shall equip these spaces with the following:
1 paper shredders with crosscut capability
1 facsimile machine
1 modem
30 phone instruments and lines
2 photo reproduction machines (copiers) with collator,
enlarge/reduce capability.
The Contractor shall provide an office automation capability similar to that
provided to the IPPD team. The Contractor shall provide 20 workstations and two
high capacity laser printers. The Nucleus crew shall be provided with IPPD
access. The Nucleus crew network shall have direct connectivity to the IPPD
team network. The Nucleus crew network shall be expandable to accommodate the
entire Nucleus crew. The Contractor shall provide the Nucleus crew network
capabilities to use Electronic Technical Manuals.
Nucleus Crew facilities shall be located contiguous to the ships under this
contract such that no more than an approximate 15 minute walk or 5 minute motor
vehicle/boat ride is required of nucleus crew members for access to the ship.
Nucleus crew members shall also be permitted use of the facilities provided to
IPPD team members.
Nine months prior to ship acceptance trials, the Contractor shall provide the
same space allocation for an additional 3 officers and 25 enlisted men. An
additional 20 phone instruments and lines shall be provided.
A minimum of 25 parking spaces in the shipyard employee parking lot shall be
available to the Nucleus crew. If such parking spaces are distant from the
Contractor's plant, any personnel transportation services available to shipyard
personnel between parking lot and shipyard shall be available to the ship's
personnel.
The nucleus crew will be required to comply with the Contractor rules and
regulations governing personnel at its shipyard relating to security and safety.
Each prospective Commanding Officer shall be allowed access to the ship at all
reasonable times, be permitted to attend IPPD team status meetings, and receive
copies via the IPPD team or supervisor of all status reports transmitted.
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To the extent that each nucleus crew's activities will not interfere with the
Contractor's obligations to deliver the ship in accordance with the contract
terms and conditions, the nucleus crew shall be allowed reasonable access to the
ship for the following activities:
(1) Indoctrination and familiarization with the general arrangement and
condition of the ship.
(2) Participation during sea trials to the extent permitted by available
ship's accommodations and consistent with INSURV requirements.
(3) Assisting the Government's personnel in conducting inspections of the
ship.
(4) Participating as members of the Combined Test Team.
The Contractor shall provide a minimum of 7500 square feet of secure,
environmentally-controlled warehouse space to store pre-commissioning support
material such as the medical allowance (AMAL), the dental allowance (ADAL), and
the ship's recreation gear. This space shall include sufficient open area, with
ventilation, to permit crew members to layout a work area in which to inventory,
stencil, paint and label material as may be required. The Contractor shall
furnish the warehouse with standard office furnishings, telephones, and a
refrigerator (to store medical supplies). Transportation both within and
outside the warehouse shall be provided (truck, forklift, etc.) along with
management support to staff the warehouse for receipts, storage and delivery of
material to the ship as needed.
C-15. NOT USED
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C-16. PERMITS AND RESPONSIBILITIES (NAVSEA) (SEP 1990)
The Contractor shall without additional expense to the Government, be
responsible for obtaining any necessary licenses and permits, and for complying
with any applicable Federal, State, and Municipal laws, codes, and regulations,
in connection with any movement over the public highways of
overweight/overdimensional materials.
C-17. PLANT PROTECTION (NAVSEA) (SEP 1990)
(a) The Contractor shall provide for its plant and the work in process under
this contract such safeguards, including personnel, devices, and equipment, as
would constitute reasonable protection under peacetime conditions (in the
light of the size of the plant and the scope of its operations) against all
hazards, including unauthorized entry, malicious mischief, theft, vandalism and
fire.
(b) In addition to the foregoing precautions, the Contractor shall provide such
additional safeguards as may be required or approved by the Contracting Officer
for the protection of its plant and the work in process under this contract
against espionage, sabotage, and enemy action. The cost to the
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Contractor of all safeguards so required or approved shall, to the extent
allocable to this contract, be reimbursed to the Contractor in the same manner
as if the Contractor has furnished such safeguards pursuant to a change order
issued under the clause of this contract entitled "CHANGES--FIXED-PRICE" (FAR
52.243-1) or "CHANGES--COST-REIMBURSEMENT" (FAR 52.243-2), as applicable. Such
cost shall not include any allowance on account of overhead expense, except shop
overhead charges incident to the construction or installation of such devices or
equipment.
(c) Upon payment by the Government of the cost to the Contractor of any
device or equipment required or approved under paragraph (b) above, title
thereto shall vest in the Government, and the Contractor shall comply with the
instructions of the Contracting Officer respecting the identification and
disposition thereof. No part or item of any such devices or equipment shall be
or become a fixture by reason of affixation to any realty not owned by the
Government.
C-18. PROTECTION OF THE VESSEL (NAVSEA) (SEP 1990)
(a) The Contractor shall exercise reasonable care, as agreed upon with the
Supervisor, to protect the vessel from fire, and shall maintain a system of
inspection over the activities of its welders, burners, riveters, painters, pipe
fitters, and similar workers, and of its subcontractors, particularly where such
activities are undertaken in the vicinity of the vessel's magazines, fuel oil
tanks, or store rooms containing inflammable materials. All ammunition, fuel
oil, motor fuels, and cleaning fluids shall have been off-loaded and the tanks
cleaned, except as may be mutually agreed upon between the Contractor and the
Supervisor prior to work on the vessel by the Contractor. Fire hose lines shall
be maintained by the Contractor ready for immediate use on the vessel at all
times while the vessel is berthed alongside the Contractor's pier or in dry
dock. All tanks under alteration or repair shall be cleaned, washed, and steamed
out or otherwise made safe to the extent necessary, and the Contractor shall
furnish the vessel's Gas Free Officer and the Supervisor with a "Gas Chemists'
Certificate" before any hot work is done. The Contractor shall maintain a fire
watch aboard the vessel in areas where the Contractor is working. All other fire
watches aboard the vessel shall be the responsibility of the Government.
(b) Except as otherwise provided in contractually invoked technical
specifications or NAVSEA furnished directives, while the vessel is at the
Contractor's plant and when the temperature becomes as low as thirty-five
degrees Fahrenheit, the Contractor shall assist the Government when requested
in keeping all pipe-lines, fixtures, traps, tanks, and other receptacles on the
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vessel drained to avoid damage from freezing, or if this is not practicable,
the vessel shall be kept heated to prevent such damage. The vessel's stern
tube and propeller hubs shall be protected by the Contractor from frost damage
by applied heat through the use of a salamander or other proper means.
(c) The work shall, whenever practicable, be performed in such manner as
not to interfere with the work performed by military personnel attached to the
vessel, and provisions shall be made so that personnel assigned shall have
access to the vessel at all times, it being understood that such personnel will
not unduly interfere with the work of the Contractor's workmen.
(d) The Contractor shall at all times keep the site of the work on the vessel
free from accumulation of waste material or rubbish caused by its employees, or
the work performed by the Contractor in accordance with this contract, and at
the completion of such work shall remove all rubbish from and about the site of
the work, and shall leave the work in its immediate vicinity "broom clean",
unless more exactly specified by the Supervisor.
C-19. RECOGNITION OF ELECTRONIC DELIVERABLES
Data required to be delivered under the Contract Data Requirement List (CDRL) or
this contract, that would be deemed Technical Data under DFARS 252.227-7013, if
it were delivered in written form, shall not lose its status as Technical Data
because access by the Government, or delivery by the Contractor, is by
electronic means. The rights of the parties in said Technical Data shall be as
specified in DFARS 252.227-7013.
C-20. SPECIAL AGREEMENT REGARDING SWITCHBOARD SUBCONTRACTS
(NAVSEA) (FEB 1991)
(a) The Government has an interest in maintaining a competitive market for
switchboards to be used on U.S. Naval vessels. The requirements of 10 U.S.C.
2507 result in a major component of certain switchboards (i.e. air circuit
breakers) being available from a single domestic source who is also a competitor
for such switchboards. Therefore, the Contractor shall evaluate subcontract
proposals for such switchboards exclusive of air circuit breaker content or on
some other basis that ensures an equitable switchboard competition.
(b) Notwithstanding approval of the Contractor's purchasing system or the
thresholds established in the "Subcontracts" clause the Contractor shall, in
all cases involving subcontracts which contain air circuit breakers for
switchboards, give advance notification to the contracting officer and obtain
written
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consent of the contracting officer prior to placing any such subcontract. Such
advance notification shall include all information required by the "SUBCONTRACTS
(COST-REIMBURSEMENT AND LETTER CONTRACTS)" (FAR 52.244-2) clause.
C-21. EVENT-BASED READINESS REVIEWS (EBRR)
(a) The Contractor agrees to attend event-based progress meetings to be held
at the Naval Sea Systems Command, or if the Government so elects, at the
Contractor's plant, in accordance with Section C requirements. In addition to
the requirements of Section C, the Contractor shall report progress,
anticipated delays, cost experience in relation to budget and projected end
costs, manning, schedules, receipt of Government-furnished
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property/Contractor-furnished material, production problems, and other related
matters.
(b) It is agreed and understood that the reports to be made by the Contractor
pursuant to this requirement are additional to, and not in substitution for,
reports and notices required to be made or given by the Contractor pursuant to
other requirements of this contract, including, but not limited to, the
"NOTIFICATION OF CHANGES" requirement.
C-22. SUPERVISOR/SHIPS FORCE FACILITIES
(a) The Contractor shall provide offices, and rooms and equipment for the
reproduction of items such as plans, booklets, test memoranda, and allowance
lists for the use of the Supervisor, his assistants, other Government employees,
approximately twelve persons to support the ship and ship's crew as set forth
herein. These spaces shall be of adequate size for such purposes and shall be
furnished, ventilated, lighted, air-conditioned, and heated. The Contractor
shall furnish all cleaning services for keeping the rooms, shower and toilet
facilities, including soap and towels, in order and clean, Furniture (including
locks) for stationery, file cases for cards, letters, plans inspection
reports, test reports, and orders for material; safes, desks, chairs, stools
and clothes lockers or hooks for clothing shall be furnished by the Contractor
for offices, drafting and reproduction rooms.
(b) The Contractor shall provide convenient automobile parking facilities for
the Supervisor, his assistants, and other Government employees in proportion to
those that are provided by the Contractor to his employees.
(c) In lieu of providing the Supervisor with space and equipment for plan and
correspondence reproduction, the Contractor may instead provide these services
from his own facilities to the extent that it is necessary for the Supervisor to
administer the contract.
(d) The Contractor shall furnish and maintain telephones in the Supervisor's
offices. Such telephones shall be connected to the Contractor's telephone
system and the local telephone system. Toll charges for the Supervisor's
telephone calls will be paid for by the Government. Separate lines for fax
machines and computer dedicated modem lines, not through a switchboard, shall be
furnished.
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C-23. TESTS AND TRIALS - ALTERNATE I (NAVSEA) (MAY 1993)
During the conduct of required tests and trials, the vessel shall be under the
control of the Contractor and the Contractor's crew with representatives of the
Contractor and the Government on board to determine whether or not the work done
by the Contractor has been satisfactorily performed. The Contractor shall
provide and install all fittings and appliances which may be necessary for dock
and sea trials to enable the representatives of the Government to determine
whether the requirements of the contract have been met, and the Contractor shall
install and remove instruments and apparatus furnished by the Government for
such trials, as required by the specifications.
C-24. WEIGHT CONTROL
(a) In accordance with the procedures set forth in Section 096 of the
Specifications, the Contractor shall enter into agreement with the Government as
to the Accepted Weight Estimate (AWE) for the ship(s) under this contract, and
such agreement shall be set forth in a Supplemental Agreement. The parties agree
that the Accepted Weight Estimate shall consist of a lightship weight
estimate, including separate accounts for design and building margin, and
the loads that are described herein. The AWE values for Full Load Displacement
and vertical center of gravity above bottom of keel (KG) are the baseline for
measuring Contractor responsibility within the meaning of this clause. The
aforementioned AWE values including design and building margin for the ship(s)
under this contract shall be equal to or less than the following Not-to-Exceed
--------------------------------------------
(NTE) values:
Full Load Displacement 25,153 metric tons
Full Load KG 11.04 meters
In the event an agreement on the AWE cannot be reached within four months after
award of this contract, the NTE values become AWE values.
(b) The net weight and moment effect of every change incorporated into this
contract shall be agreed upon and set forth in a Supplemental Agreement. When
the purpose of a change is the acceptance of a Value Engineering Change Proposal
that has a favorable effect on weight or moment values, the weight and moment
effect to be set forth in the Supplemental Agreement shall be one-half (1/2) of
the amount of the related savings set forth in the accepted proposal.
(c) One month prior to the inclining experiment, the net weight and moment
differences to Government Furnished Material (GFM) since the AWE, that were
beyond the control of the Contractor,
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excluding the effect of contract changes, shall be agreed upon and set forth in
a Supplemental Agreement. All weight and moment differences to GFM resulting
from the correction of data for which accurate information was available prior
to the AWE or from the relocation of GFM at the discretion of the Contractor are
considered to be within the control of the Contractor.
(d) The Contractor shall be responsible for the Full Load Displacement and KG
of the delivered ship(s) minus the weight and vertical moment values agreed upon
for contract changes and differences to GFM beyond its control. Also, the
Contractor shall be responsible for the delivery of the ship(s) with a trim and
list within the tolerances specified in the Section 070h. of the ship
specifications. The Contractor, however, will not be responsible for the net
total adverse effect on trim or list caused by contract changes and differences
to GFM beyond his control.
(e) If the Contractor proposes contract changes solely for the purpose of
------
meeting the values of displacement, KG, trim, or list required by this contract,
and if the Contracting Officer approves, the parties shall enter into a
Supplemental Agreement implementing such changes and such Supplemental Agreement
shall adjust the Estimated or Target Cost, the Fixed or Target Fee and delivery
schedule pursuant to the "Changes" clause except that no increase in the Fixed
or Target Fee or time for performance of the contract shall be considered in
arriving at the adjustment for such changes. Changes described in this
paragraph, as well as Value Engineering Changes that reduce weight, are not
considered contract changes when computing the Contractor responsible condition
described in paragraph (d) above.
C-25. UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)
If, during the performance of this or any other contract, the contractor
believes that any contract contains outdated or different versions of any
specifications or standards, the contractor may request that all of its
contracts be updated to include the current version of the applicable
specification or standard. Updating shall not affect the form, fit or function
of any deliverable item or increase the cost/price of the item to the
Government. The contractor should submit update requests to the Procuring
Contracting Officer with copies to the Administrative Contracting Officer and
cognizant program office representative for approval. The contractor shall
perform the contract in accordance with the existing specifications and
standards until notified of approval/disapproval by the Procuring Contracting
Officer. Any approved alternate specifications or standards will be incorporated
into the contract.
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C-26. PROPULSION ENGINES FOR LPD 17
Pursuant to Section 8109 of the Defense Appropriations Act for Fiscal Year 1996,
the propulsion engines for the LPD 17 class of ships must be diesel engines
manufactured in the United States by a domestically operated entity; provided,
that the Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the House Of
Representatives and the Senate that adequate domestic supplies are not available
to meet Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national security
purposes or there exists a significant cost or quality difference.
C-27. LOGISTIC SUPPORT REQUIREMENT
(a) This requirement applies whenever the contract specifications, by reference
to a Military Specification or otherwise, specify repair parts or stock
components (hereinafter called "repair parts") for a ship component or item of
equipment.
(b) With respect to ship components or equipments manufactured other than in
the United States or Canada, the Contractor agrees that, in addition to any
other data required by this contract, it will furnish under this contract
sufficient data so that the repair parts can be reproduced in the United States
or Canada unless the suppliers of the ship components or equipments shall have
made arrangements satisfactory to the Contractor and approved by the Contracting
Officer for the manufacturing of repair parts in the United States or Canada.
For the purpose of this requirement, "sufficient data" shall mean detail
drawings and other technical information sufficiently extensive in detail to
show design, construction, dimensions, and operation or function, manufacturing
methods or processes, treatment or chemical composition of materials, plant
layout and tooling. All data shall be in the English language and according to
the system of weights and measures required by J000l, and drawings for
components, assemblies, subassemblies and parts protected by U.S. patents shall
contain a prominent notation to that effect fully identifying the patent or
patents involved, and bearing the number of this contract.
(C) In order to satisfy the requirements of paragraph (b), above, unless the
supplier of the ship components or equipments shall have made arrangements,
satisfactory to the Contractor and approved by the Contracting Officer, for the
manufacture of such repair parts in the United States or Canada, the Contractor
shall include in all subcontracts for the purchase of ship components or
equipments from foreign sources a clause, acceptable to the
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Contracting Officer, granting to the United States Government for a period
of seven (7) years, "Government Purpose License Rights" (GPLR) (as defined in
paragraph (a) (14) of the clause of this contract entitled "RIGHTS IN TECHNICAL
DATA AND COMPUTER SOFTWARE" (DFARS 252.227-70l3) in all technical data necessary
to manufacture spare and repair parts for such components or equipments.
C-28. FACILITIES NOT TO BE GOVERNMENT-FURNISHED (CT) (NAVSEA) (JAN 1990)
The Contractor's obligation to perform this contract is in no way conditioned
upon the providing by the Government of any facilities, except as may be
otherwise expressly provided herein. Accordingly, no such facilities shall be
either acquired by the Contractor for the account of the Government or furnished
to the Contractor by the Government hereunder. For the purpose of this
requirement, facilities means industrial property (other than material, special
tooling, military property, and special test equipment) for production,
maintenance, research, development or test, including real property and
rights therein, buildings, structures, improvements, and plant equipment as
defined in FAR 45.101 and 45.301 and DFARS 245.301.
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SECTION D: PACKAGING AND MARKING
ITEM 0006 - The parts ordered hereunder shall be cleaned, preserved, packaged,
packed and marked in accordance with instructions provided by the Contracting
Officer, provisioning activity or ACO. When not otherwise instructed, spare and
repair parts shall be cleaned, preserved, packaged, packed and marked Level A in
accordance with Military Specification MIL-E-17555H(2), dated 2 November 1992.
ITEM 0012 - Classified data, if applicable, shall be prepared for
delivery in accordance with Department of Defense Industrial
Security Manual for Safeguarding Classified Information, DoD
5220.22-M.
Unclassified documentation shall be prepared for delivery in accordance with the
contractor, standard commercial practice.
D-1 IDENTIFICATION MARKING OF PARTS
(a) Identification marking of individual parts within the systems, equipments,
assemblies, subassemblies, components, and of spare and repair parts shall
be done in accordance with applicable drawings. To the extent identification
marking of such parts is not specified in applicable specifications or drawings,
such marking shall be accomplished in accordance with the following:
(1) Parts not manufactured to Government specifications
shall be marked in accordance with generally accepted commercial practice.
(2) Parts manufactured to Government specifications shall be
marked as follows:
(3) Electrical parts - that is, all repairables in
electrical equipment and electrical parts when used in equipment which are not
electrical in nature (e.g., electrical controls) - shall be identified and
marked using any process that will not adversely affect the function of the
finished part. Any paper, plastics or metal tags used shall have all burrs and
rough edges removed. In addition:
a. Markings shall remain legible following completion of all inspections
specified in the acquisition document for the normal life expectancy of the
part.
b. Marking materials shall be nonfading.
C. Paper labels for attachment to parts shall not be used.
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d. Symbols used in functional and part identification marking shall conform to
ANSI Yl0.l9 or IEEE 315.
e. Any other markings that may be applied to the part shall not interfere
with, obscure, or confuse those specified herein.
f. Whenever practicable, markings shall be located in such a manner so as to
allow its being visible during normal operational use.
g. Marking materials creating hazardous conditions shall not be used.
Full Marking - All markings listed below shall be marked on the repairable part.
- ------------
Where size, surface condition, or other design consideration will not allow full
marking on the part, markings will be made in the order shown below:
a. Sensitive Electronic Device (SED) Symbol;
b. Identifying Number;
c. Design Activity Code/Contractor And Government Entity (CAGE);
d. "JAN" Brand, for military specifications only;
e. Source Code;
f. Date Inspection Code;
g. Lot Symbol;
h. Characteristics And Ratings; and
i. Distributor's Symbol.
Definitions for a through i above can be found in MIL-STD-1285B.
Preferred Markings - The following preferred marking methods are provided as a
- ------------------
guide and are not mandatory.
Marking Method Recommended Use
-------------- ---------------
Metal Stamp Metal or nonmetal parts that will not deform under the
stamping pressure required. Also the alteration of the
surface roughness finish will be detrimental to proper
functioning.
Engraving Sheet Metal fabrication that will deform if
metal stamped. Functional markings with color fill.
Electrical Arc Pencil Sheet Metal fabrication that will deform if metal
stamped, irregular surface.
Embossing Thin sheet metal, plastic or nonfunctional
surfaces.
Cast or Forge Should be used on non-machined surfaces only.
Molded Usually plastic or rubber.
Electro-chemical/ Used on fine surface finishes without
Electrolytic process protective coating, also high hardness parts.
Rubber Stamp/Stencil Fabric, wood, plastic and protective metal
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finishes.
Decal Instructional plates, part identification, and when other
methods are not available.
Tags When other methods are not available.
Laser Engraving When exact marking control is required without
penetrating plating.
Warranted Items - Warranted items shall be marked in a conspicuous location to
- ---------------
give notice that the items are subject to a warranty. The marking shall
contain, as a minimum, the statement "WARRANTED ITEM" and the period or
conditions of the warranty.
D-2 MARKING AND PACKING LIST(S)
(a) Marking. Shipping containers shall be marked in accordance with Ship
-------
Specification Section 083.
(b) Packing List(s). A packing list (DD form 250 Material Inspection and
---------------
Receiving Report may be used) identifying the contents of each shipping
container shall be provided by the contractor with each shipment in accordance
with Ship Specification Section 083 When a contract line item identified under
a single stock number includes an assortment of related items such as kit or set
components, detached parts or accessories, installation hardware or
material, the packing list(s) shall identify the assorted items.
Where DD Form 1348-1 or DD Form 1348-lA is applicable and an assortment
of related items is included in the shipping container, a packing list
identifying the contents shall be furnished.
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SECTION E: INSPECTION AND ACCEPTANCE
ITEMS 0006AA, 0007, 0008, 0010 (AND IF THE OPTION(S) ARE EXERCISED, ITEMS 0006AB
AND 0006AC) - Inspection and acceptance for supplies and services shall be in
accordance with contract modifications issued pursuant to the "ORDERS" clause.
ITEM 0012 - Inspection and acceptance of all data shall be as specified on the
attached Contract Data Requirements List(s), DD Form 1423.
E-1. PRELIMINARY ACCEPTANCE (AT) (NAVSEA) (JAN 1983)
Upon satisfactory completion of the applicable trial requirements and upon
delivery as provided in Section F of this contract, each vessel shall be
preliminarily accepted.
E-2. GUARANTY PERIOD (FT) (NAVSEA) (JAN 1990)
(a) As used in this contract, the term "defects" includes any and all
defects, deficiencies, deteriorations, and failure in the vessel(s). There shall
be a guaranty period for each vessel beginning at the time of preliminary
acceptance and ending nine (9) months after preliminary acceptance of the
vessel, unless extended as provided in paragraph (b) below.
(b) The guaranty period for each vessel shall be extended by the time during
which such vessel is not available for unrestricted service by reason of any
defects for which the Contracting Officer shall determine the Contractor to be
responsible. During said period the vessel, after being fully equipped and
armed and in all respects complete and ready for service, may be finally tried
by and at the expense of the Government under conditions prescribed by the
Secretary of the Navy. The Contractor may, with approval of the Contracting
Officer, have an engineer on board such vessel during such period. Such
engineer shall have every reasonable opportunity to inspect the working of such
vessel in all its parts but shall have no power to direct or control its
operation.
E-3. FINAL ACCEPTANCE (AT) (NAVSEA) (JAN 1983)
Each vessel shall be finally accepted upon the expiration of its guaranty
period.
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E-4. INSPECTION FACILITIES (CT) (NAVSEA) (JAN 1990)
The facilities to be provided pursuant to the requirement entitled "INSPECTION
OF SUPPLIES AND CORRECTION OF DEFECTS" shall be equal to those provided by the
Contractor for his use for generally similar purposes, and shall include
offices and related equipment; drafting rooms; convenient parking facilities;
equipment for reproduction of such items as plans, booklets, test memoranda and
allowance lists; and telephones connected to the Contractor's and local
telephone system. Toll charges for the Supervisor's calls will be paid by the
Government. In lieu of providing reproduction equipment, the Contractor may
provide reproduction services to the Supervisor. Assistance shall include
services necessary in testing or handling machinery, equipment, and materials
for the purpose of inspection or test.
E-5. INSPECTION OF SUPPLIES AND CORRECTION OF DEFECTS (CT)
(NAVSEA) (JAN 1990) (APPLICABLE TO ITEM 0001, AND IF OPTION(S)
IS/ARE EXERCISED, ITEMS 0002 and 0003)
(a) Definitions
-----------
(1) Supplies: the word "supplies" as used in this requirement includes
without limitation raw materials, components, intermediate assemblies, end
products, and (when the contract does not include the clause entitled "WARRANTY
OF DATA" (DFARS 252.246-7001)) technical data.
(2) Defects: the word "defects" as used in this requirement, means any
and all defects, deficiencies, deteriorations and failures, except deficiencies,
deteriorations or failures caused by Government misuse or mishandling.
(3) Acceptance: the word "acceptance" as used in this requirement is
deemed to be preliminary acceptance as defined in the requirement of this
contract entitled "PRELIMINARY ACCEPTANCE".
(b) Inspection
----------
All supplies shall be subject to inspection and test by the Government,
to the extent practicable at all times and places including the period of
manufacture, and in any event prior to final acceptance. The Contractor shall
provide and maintain an inspection system acceptable to the Government covering
the supplies, fabricating methods, and special tooling hereunder. The
Government, through any authorized representative, may
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inspect the plant or plants of the Contractor or of any of his subcontractors
engaged in the performance of this contract. If any inspection or test is made
by the Government on the premises of the Contractor or a subcontractor, the
Contractor shall provide and shall require subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of the
Government inspectors in the performance of their duties. All inspections and
tests by the Government shall be performed in such a manner as will not unduly
delay the work. Except as otherwise provided in this contract, acceptance of any
supplies or lots of supplies shall be made as promptly as practicable after
delivery thereof and shall be deemed to have been made no later than sixty (60)
days after the date of such delivery, unless the Government has refused to
accept all or any of the supplies or, if acceptance has not been made earlier
within such period.
(c) Guaranty
--------
The Contractor guarantees that at any time during performance of this
contract, and for a period of nine (9) months after acceptance of the vessel,
all supplies furnished under this contract will be free from defects in material
and workmanship and will conform with the specifications and all other
requirements of this contract; provided, however that with respect to Government
--------
furnished property, the Contractor's guarantee shall extend only to its proper
installation, unless the Contractor performs some modification or other work on
such property, in which case the Contractor's guarantee shall extend to such
modification or other work. During the guaranty period, the Contractor shall
have an engineer on board the vessel. Such engineer shall have every reasonable
opportunity to inspect the working of the vessel in all its parts, but shall
have no power to direct or control its operation.
(d) Remedies
--------
(1) Right to corrective or replacement action. In the event of a defect
-----------------------------------------
within the scope of the Contractor's guarantee in paragraph (c) above, the
Government may: (i) require the Contractor to repair or replace, at the
Contractor's election, defective or nonconforming supplies, or (ii) require the
Contractor to furnish such materials or parts and installation instructions as
may be required to successfully accomplish the required correction or
replacement. The Contractor shall also prepare and furnish to the Government
data and reports applicable to any correction or replacement required under this
clause (including revision and updating of all affected data called for under
this contract). Except as otherwise provided in paragraph
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(3) hereof, the cost of any action taken pursuant to this subparagraph
for replacement or correction shall be included in computing allowable cost
determined as provided in the clause of this contract entitled "ALLOWABLE COST
AND PAYMENT" (FAR 52.216-7), but no additional fee shall be payable with respect
thereto. Such supplies or lots of supplies shall not be tendered thereafter for
acceptance unless the former requirement of correction is disclosed.
(2) Right if Contractor fails to proceed. If the Contractor fails to
------------------------------------
proceed with reasonable promptness to replace or correct such supplies or lots
of supplies, the Government (i) may by contract or otherwise replace or correct
such supplies and charge to the Contractor any increased cost occasioned the
Government thereby, or may reduce any fee payable under this contract (or
require repayment of any fee theretofore paid) in such amount as may be
equitable under the circumstances, or (ii) may terminate this contract for
default as provided in the clause of this contract entitled "TERMINATION (COST-
REIMBURSEMENT)" (FAR 52.249-6). Failure to agree to the amount of any such
increased cost to be charged to the Contractor or to such reduction in, or
repayment of, the fee shall be a dispute within the meaning of the clause of
this contract entitled "DISPUTES" (FAR 52.233-1).
(3) Additional Remedy. Notwithstanding the provisions of paragraphs
-----------------
(c) and (d) hereof, the Government may at any time require the correction or
replacement by the Contractor, without cost to the Government, of supplies or
lots of supplies which are defective in material or workmanship, or otherwise
not in conformity with the requirements of this contract, if such defects or
failures are due to fraud, lack of good faith, or willful misconduct on the part
of any of the Contractor's directors or officers, or on the part of any of his
managers, superintendents, or other equivalent representatives, who has
supervision or direction of (i) all or substantially all of the Contractor's
business, or (ii) all or substantially all of the Contractor's operations at any
one plant or separate location in which this contract is being performed, or
(iii) a separate and complete major industrial operation in connection with the
performance of this contract. The Government may at any time also require
correction or replacement by the Contractor, without cost to the Government, of
any such defective supplies or lots of supplies if the defects or failures are
caused by one or more individual employees selected or retained by the
Contractor after any such supervisory personnel has reasonable grounds to
believe that such employee is habitually careless or otherwise unqualified.
(e) Corrected or Replaced Supplies.
------------------------------
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(1) Any supplies or parts thereof corrected or furnished in replacement
pursuant to this requirement shall also be subject to all the provisions of this
requirement to the same extent as supplies initially delivered. The guarantee
with respect to such supplies or parts thereof shall be six (6) months from the
date of delivery and/or correction of such corrected or replaced supplies or
until the expiration of the original guaranty period (whichever period is
longer).
(2) The guaranty period set forth in (c) above shall be extended by the
time during which the vessel is not available for unrestricted service by reason
of any breach of the guarantee in paragraph (c) above. This requirement applies
to individual subcontractor furnished supplies only to the extent that each
individual supply is the cause of the vessel not being available for such
service.
(f) Additional Provisions
---------------------
(1) All implied warranties of merchantability and "fitness for a
particular purpose" are hereby excluded from any obligation contained in this
contract.
(2) The rights and remedies of the Government provided in this
requirement are in addition to and do not limit any rights afforded to the
Government by any other requirement or clause of the contract.
(3) The Contractor shall make its records of all inspection work
available to the Government during the performance of this contract and for such
longer period as may be specified in this contract.
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SECTION E CLAUSES INCORPORATED BY REFERENCE
The following clauses are applicable to Items 0007 and 0009
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.246-3 INSPECTION OF SUPPLIES--COST-REIMBURSEMENT (APR 1984)
52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984)
The following clause is applicable to Item 0006.
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.246-2 INSPECTION OF SUPPLIES--FIXED PRICE (AUG 1996)
The following clauses are applicable to Items 0008 and 0011.
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.246-4 INSPECTION OF SERVICES--FIXED PRICE (AUG 1996)
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
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SECTION F - DELIVERIES OR PERFORMANCE
ITEM 0001 (AND IF THE OPTIONS ARE EXERCISED, ITEM(S) 0002 AND 0003) - It is
anticipated the Contractor should be ready for a PRR no earlier than twenty-four
(24) months after contract award.
The Contractor shall deliver the ship(s) to the Government at the Contractor's
facility fully outfitted and tested in accordance with the provisions of this
contract. The ship(s) shall be delivered in accordance with the following
delivery schedule:
<TABLE>
<CAPTION>
ITEM SHIP DELIVERY DATE
---- ---- -------------
<S> <C> <C>
0001 LPD 17 59-71 Months after contract
award
OPTION
ITEM SHIP DELIVERY DATE
---- ---- -------------
0002 LPD 18 50-62 Months after option
exercise
0003 LPD 19 56-68 Months after option
exercise
</TABLE>
(1) Post delivery availability for each ship shall be completed sixty
(60) days after delivery of each ship.
ITEM 0004 -
The period of performance for LPD familiarization is from contract award or
option exercise date, as applicable, through delivery of the applicable ship and
in accordance with the applicable Exhibits of the Contract Data Requirements
List (CDRL), DD Form 1423, attached hereto.
ITEM 0005 - See Section C, paragraph 16.5.
ITEM 0006AA, 0007, 0008 AND 0010 (AND IF THE OPTION(S) ARE EXERCISED, ITEMS
0006AB, AND 0006AC) - Supplies shall be delivered and services shall be
performed in accordance with contract modifications issued pursuant to the
"ORDERS" clause. Unless otherwise expressed in the unilateral or bilateral
modification issued in accordance with the "ORDERS" clause, the supplies shall
be delivered to the Contractor's facility.
ITEM 0009 - The period of performance for Life Cycle Support Planning is from
exercise option date through expiration of the guaranty period set forth in the
contract clause entitled "GUARANTY PERIOD" of Item 0001 or if the options are
exercised Items 0002 and 0003 whichever is later.
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ITEM 00l1 - The Contractor shall provide Cross Program Procurement efforts
commencing with contract award and continuing through delivery of Item 0001,
and if the options are exercised, Items 0002 and 0003.
ITEM 0012 - All data to be furnished under this contract shall be delivered
prepaid to the destination(s) and at the time(s) specified on the Contract
Data Requirements List(s), DD Form 1423.
F-1 DELIVERY OF COMPLETED VESSEL
The term "vessel" as used in this requirement refers to each of the vessels to
be constructed and delivered under this contract.
(a) The vessel shall not be presented for acceptance trials until it is
determined by the Government the Contractor has satisfactorily carried out those
parts of the builder's trials for which the Contractor is responsible, including
builder's dock and sea trials, and that the Contractor has:
(i) Corrected all Contractor responsible deficiencies discovered
before completion of all builder's sea trials, unless otherwise agreed to in
writing by the Contracting Officer; and
(ii) Corrected all Contractor responsible deficiencies discovered
after completion of the builder's sea trials which are determined by the
Contracting Officer to be necessary to avoid an adverse effect on the
operational capability of the vessel.
(b) The Contractor shall be responsible for scheduling an interval of a minimum
of thirty (30) days between the satisfactory completion of acceptance trials
and delivery of the vessel. During this period, the Contractor shall
satisfactorily correct all Contractor responsible deficiencies, whether
discovered before, during, or after completion of acceptance trials, which are
determined by the Contracting Officer to be necessary to avoid an adverse effect
on the operational capability of the vessel.
(c) Prior to delivery of the vessel, to the extent necessary for tests, crew
training, or operations which the Government is to perform and which do not
require the Government to have control of the entire vessel, the Contractor
shall make parts of the vessel available to the Government; to the extent
necessary for tests, crew training, trials or operations which the Government is
to perform and which require the Government to have control of the entire
vessel, such as alongside training, fast cruise and
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underway trials, the Contractor shall make the entire vessel available to
the Government at dockside, at the Contractor's plant, for such periods of
time as are necessary for such trials and operations. During all periods of
time when the entire vessel is made available to the Government, the Contractor
shall, as requested by the Government, and required by the specifications,
provide technical assistance and provide assistance necessary to correct defects
which develop or are discovered during trials or operations of the vessel.
Following the completion of each such trial or operation, the Government shall
return the vessel to the Contractor at dockside, at the Contractor's plant, for
the correction of defects, if any, and completion of construction in accordance
with the terms of this contract.
(d) Upon satisfactory completion of acceptance trials and of the correction
of deficiencies as provided in paragraph (b) above, the Contractor shall deliver
the vessel to the Government for preliminary acceptance.
(e) Following preliminary acceptance, the Government may, during the guaranty
period, make the vessel available to the Contractor, at the Contractor's plant
for (i) correction of defects noted at the time of preliminary acceptance, or
which are discovered during the guaranty period, and (ii) for the performance of
any additional work required by change orders issued pursuant to the "CHANGES"
clause of this contract prior to preliminary acceptance and not theretofore
performed. If the Government elects to make the vessel(s) available to the
Contractor, at the Contractor's plant, for the accomplishment of the above
described post delivery work, the Contractor agrees to accept the vessel(s) and
perform the work. The Contractor agrees to consider the accomplishment of
additional work during the post-shakedown availability under a standard
Government contract. If the post-shakedown availability period shall begin
during but extend beyond the expiration of the guaranty period, the Government
may during the extended period, leave the vessel at the Contractor's plant or
return the vessel thereto for the correction of defects not previously corrected
and for the performance of any additional work required by change orders issued
pursuant to the "CHANGES" clause of this contract prior to preliminary
acceptance and not theretofore performed.
(f) The Contractor shall exercise reasonable care to protect the vessel at
all times until the delivery of the vessel, and thereafter during such times as
the vessel is at the Contractor's plant during the guaranty period or during the
post-shakedown availability period if the latter shall extend beyond the
expiration of the guaranty period, except for periods of time when the entire
vessel is made available to the Government.
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N00024-97-C-2202
During such periods, while the vessel is at the Contractor's plant, the
Contractor shall provide assistance to protect and service the vessel, and shall
effect any correction of defects or performance of uncompleted work, to the
extent permitted or required by the Government.
(g) In accordance with the inspection provisions of the contract, all actions
of the Government pursuant to this requirement shall be performed in such a
manner as to not unduly delay the work.
F-2 CONTRACT MILESTONES (NAVSEA) (SEP 1990)
(a) The Contractor shall identify dates for the successful accomplishment of
the following Contract Milestones.
<TABLE>
<CAPTION>
Contract Milestone Date
------------------- -------
<C> <S> <C>
1. Integrated Allocated Baseline (IAB) * 12/1/97
2. Production Readiness Review (PRR) * 3/15/99
3. Launch * 9/2/00
4. Level 2 Test Readiness Review * 3/1/99
5. Electrical Generator Light-Off (EGLO) * 5/1/01
6. Main Engine Light-Off (MELO) * 8/1/01
7. Electronics Systems Light-Off (ESLO) * 11/1/01
8. Combat Systems Light-Off (CSLO) * 10/1/01
9. Builders' Dock Trials (BDT) * 11/16/01
10. Builders' Sea Trials (BST) * 2/26/02
11. Acceptance Trials * 4/10/02
12. Delivery * 7/1/02
</TABLE>
* To be filled in by Offeror
(b) The Contractor shall successfully accomplish the contract milestones on, or
prior to, the dates listed above.
(c) If any Contract Milestone is not accomplished by the date listed, and the
failure to accomplish any such milestone event does not arise from a cause
beyond the control and without fault or negligence of the Contractor, such
failure may be deemed to constitute a failure to perform this contract in
accordance with its terms within the meaning of the clause of this contract
entitled "TERMINATION (COST REIMBURSEMENT)" (MAY 1986).
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N00024-97-C-2202
CLAUSES INCORPORATED BY REFERENCE
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.212-13 STOP-WORK ORDER (AUG 1989)
52.212-15 GOVERNMENT DELAY OF WORK (APR 1984)
52.247-29 F.O.B. ORIGIN (JUN 1988)
52.247-52 CLEARANCE AND DOCUMENTATION REQUIREMENTS--SHIPMENTS TO DOD AIR OR
WATER TERMINAL TRANSSHIPMENT POINT (APR 1984)
52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY
(APR 1984)
52.247-58 LOADING, BLOCKING AND BRACING OF FREIGHT CAR SHIPMENTS
(APR 1984)
52.247-61 F.O.B. ORIGIN--MINIMUM SIZE OF SHIPMENTS (APR 1984)
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS
(JAN 1991)
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SECTION G - CONTRACT ADMINISTRATION DATA
(a) Enter below the Contractor's address for receipt of payment if such address
is different from the address shown on the SF 26 or SF 33, as applicable.
(b) Enter below the address (street and number, city, county, state and zip
code) of the Contractor's facility which will administer the contract if such
address is different from the address shown on the SF 26 or SF 33, as
applicable.
PURCHASING OFFICE REPRESENTATIVE:
COMMANDER
ATTN: Teresa J. Ryan, SEA 02224
NAVAL SEA SYSTEMS COMMAND
2531 JEFFERSON DAVIS HWY
ARLINGTON VA 22242-5160
Telephone No. 703/602-3102
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N00024-97-C-2202
SECTION H - SPECIAL CONTRACT REQUIREMENTS
<TABLE>
<CAPTION>
NUMBER TITLE
-------------------- ------------------
<S> <C> <C>
H-1. NAVSEA 5252.202-9101 ADDITIONAL DEFINITIONS
H-2. NAVSEA 5252.249-9105 AWARD FEE DETERMINATION
IN EVENT OF TERMINATION OR
DISCONTINUANCE
H-3. NAVSEA 5252.233-9l03 DOCUMENTATION OF REQUESTS FOR
EQUITABLE ADJUSTMENT (AT)
ALTERNATE I
H-4. NAVSEA 5252.233-9107 EQUITABLE ADJUSTMENTS: WAIVER
AND RELEASE OF CLAIMS
H-5. NAVSEA 5252.225-9100 FOREIGN SHIPYARD CONSTRUCTION
PROHIBITION
H-6. NAVSEA 5252.227-9113 GOVERNMENT-INDUSTRY DATA
EXCHANGE PROGRAM
H-7. NAVSEA 5252.217-9121 INDEMNIFICATION FOR ACCESS TO
VESSEL
H-8. NAVSEA 5252.228-9106 INSURANCE-PROPERTY LOSS OR
DAMAGE-LIABILITY TO THIRD
PERSONS
H-9. NOT USED
H-10. NAVSEA 5252.243-9105 NOTIFICATION OF CHANGES
H-11. NAVSEA 5252.216-9110 ORDERS - FIXED PRICE
H-12. NAVSEA 5252.243-9113 OTHER CHANGE PROPOSALS
H-13. NAVSEA 5252.216-9112 ORDERS - COST PLUS FIXED FEE
H-14. NAVSEA 5252.249-9100 SPECIAL CONTRACT REQUIREMENT
CONCERNING TERMINATION FOR
CONVENIENCE OF THE GOVERNMENT
H-15. NAVSEA 5252.247-9110 TUG AND PILOT SERVICES
H-16. FINAL CONTRACT PERFORMANCE
INCENTIVES
</TABLE>
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N00024-97-C-2202
H-1. NAVSEA 5252.202-9101 ADDITIONAL DEFINITIONS
(MAY 1993)
As used throughout this contract, the following terms shall have the meanings
set forth below:
(a) DEPARTMENT - means the Department of the Navy.
(b) REFERENCES TO THE FEDERAL ACQUISITION REGULATION (FAR)
All references to the FAR in this contract shall be deemed to also reference the
appropriate sections of the Defense FAR Supplement (DFARS), unless clearly
indicated otherwise.
(c) REFERENCES TO ARMED SERVICES PROCUREMENT REGULATION OR DEFENSE ACQUISITION
REGULATION - All references in this document to either the Armed Services
Procurement Regulation (ASPR) or the Defense Acquisition Regulation (DAR) shall
be deemed to be references to the appropriate sections of the FAR/DFARS.
(d) NATIONAL STOCK NUMBERS - Whenever the term Federal Item Identification
Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN
appear in the contract, order or their cited specifications and standards, the
terms and acronyms shall be interpreted as National Item Identification Number
(NIIN) and National Stock Number (NSN) respectively which shall be defined as
follows:
(1) National Item Identification Number (NIIN). The number assigned to
------------------------------------------
each approved Item Identification under the Federal Cataloging Program. It
consists of nine numeric characters, the first two of which are the National
Codification Bureau (NCB) Code. The remaining positions consist of a seven
digit non-significant number.
(2) National Stock Number (NSN). The National Stock Number (NSN) for an
---------------------------
item of supply consists of the applicable four position Federal Supply Class
(FSC) plus the applicable nine position NIIN assigned to the item of supply.
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N00024-97-C-2202
H-2. NAVSEA 5252.249-9105 AWARD FEE DETERMINATION IN EVENT OF TERMINATION OR
DISCONTINUANCE (CA) (JAN 1990)
In the event that this contract is terminated in whole or pursuant to the
contract clause entitled "TERMINATION (COST-REIMBURSEMENT)" (FAR 52.249-6) or in
the event this contract is discontinued pursuant to the contract clause entitled
"LIMITATION OF COST" (FAR 52.232-20), the last award fee period shall end with
the effective date of such termination or discontinuance. In either of such
events, the amount of award fee, if any, determined to be otherwise payable
shall be adjusted or prorated to reflect the difference, if any, in award fee
periods resulting from termination or discontinuance.
H-3. NAVSEA 5252.233-9103 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT
(AT) - ALTERNATE I (JAN 1990)
(a) For the purposes of this requirement, the term "change" includes not only a
change made pursuant to a written order designated as a "change order" but
also (i) an engineering change proposed by the Government or the Contractor
pursuant to the "Other Change Proposals" or other requirements of this
contract and (ii) any act or omission to act on the part of the Government
in respect of which a request is made for equitable adjustment under the
"CHANGES" clause or any other article or requirement of this contract.
(b) Whenever the Contractor requests or proposes an equitable adjustment of
$500,000 or more per vessel in respect of a change made pursuant to a
written order designated as a "change order" or in respect of a proposed
engineering change and whenever the Contractor requests an equitable
adjustment in any amount in respect of any other act or omission to act on
the part of the Government, the proposal supporting such request shall
include the following information for each individual item or element of
the request:
(1) A description (i) of the work required by the contract before the
change, which has been deleted by the change, and (ii) of the work deleted by
the change which already has been completed. The description is to include a
list of identifiable components, equipment, and other identifiable property
involved. Also, the status of manufacture, procurement, or installation of such
property is to be indicated. Separate description is to be furnished for design
and production work. Items of identifiable raw
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N00024-97-C-2202
material, purchased parts, components and other identifiable hardware,
which are made excess by the change and which are not to be retained
by the Contractor, are to be listed for later disposition;
(2) Description of work necessary to undo work already completed
which has been deleted by the change;
(3) Description of work which is substituted or added by the
change. A list of identifiable components and equipment (not bulk
materials or items) involved, should be included. Separate
descriptions are to be furnished for design work and production work;
(4) Description of interference and inefficiencies in performing
the change;
(5) Description of disruption attributable solely to the change;
which description shall include the following information:
(i) Description of each identifiable element of disruption
and how work has been, or may be, disrupted;
(ii) The calendar period of time during which disruption
occurred, or may occur;
(iii) Area(s) of the Contractor's operations where disruption
occurred, or may occur;
(iv) Trade(s) or functions disrupted, with a breakdown of
manhours and material for each trade or function;
(v) Scheduling of trades before, during, and after the
period of disruption insofar as such scheduling may relate to or be
affected by the estimated disruption;
(vi) Description of any measures taken to lessen the
disruptive effect of the change.
(6) Delay in delivery attributable solely to the change;
(7) Other work or increased costs attributable to the change;
(8) Supplementing the foregoing, a narrative statement of the
nature of the alleged Government act or omission, when the alleged
Government act or omission occurred, and
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<PAGE>
N00024-97-C-2202
the "causal" relationship between the alleged Government act or omission and the
claimed consequences therefor, cross-referenced to the detailed information
provided as required above.
(c) Each proposal submitted in accordance with this requirement shall include a
copy of the Contractor's ship's labor budget at the cost class level in effect
as of the date the event began, the cost incurred at the cost level as of the
same date, and the proposed effect of the change at the cost class level.
(d) It is recognized that an individual request for equitable adjustment may
not include all of the factors listed in subparagraphs (b) (1) through (b) (8)
above, or that the Contractor may not reasonably be able to furnish complete
information on all of the factors listed in subparagraphs (b) (1) through (b)
(8) above. Accordingly, the Contractor is only required to set forth in its
request for equitable adjustment information with respect to those factors which
are relevant to the individual request for equitable adjustment, or in the level
of detail which is reasonably available to the Contractor.
(e) In addition to any information required under paragraph (b) above, each
proposal submitted in support of a claim for equitable adjustment, under any
requirement of this contract, in an amount which requires certified cost or
pricing data, if requested by the Contracting Officer, shall contain a duly
executed Standard Form (SF) 1411 with respect to each individual claim item. The
information furnished shall be in sufficient detail to permit the Contracting
Officer to cross-reference the claimed increased costs, or delay in delivery, or
both, as appropriate, as set forth in the SF 1411, with the information
submitted pursuant to subparagraphs (b) (1) through (b) (8) hereof.
(f) The certification requirements as set forth in the clause of this contract
entitled "CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF" (DFARS
252.233-7000) shall be complied with.
(g) Pursuant to 10 U.S.C. 2405, no price adjustment to this contract will be
made for any amount set forth in a claim, request for equitable adjustment, or
demand for payment under this contract (or incurred due to the preparation,
submission, or adjudication of any such claim, request, or demand) arising out
of events occurring more than seventy-two (72) months before the submission of
the claim, request, or demand. A claim, request, or demand shall be considered
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<PAGE>
N00024-97-C-2202
to have been submitted only when the Contractor has provided the certification
required by section 6(c) (1) of the Contract Disputes Act of 1978 (41 U.S.C.
6O5(c)(1)) and the supporting data for the claim, request, or demand.
H-4. NAVSEA 5252.233-9107 EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS
(AT) (JAN 1983)
(a) Whenever the Contractor, after receipt of a change made pursuant to the
clause of this contract entitled "CHANGES" or after affirmation of a
constructive change under the "NOTIFICATION OF CHANGES" requirement, submits any
claim for equitable adjustment under the foregoing, such claim shall include all
types of adjustments in the total amounts to which the foregoing entitle the
Contractor, including but not limited to adjustments arising out of delays or
disruptions or both caused by such change.
(b) Further, the Contractor agrees (except as the parties may otherwise agree)
that, if required by the Contracting Officer, it will execute a release, in form
and substance satisfactory to the Contracting Officer, as part of the
supplemental agreement setting forth the aforesaid equitable adjustment, and
that such release shall discharge the Government, its officers, agents and
employees, from any further claims including but not limited to further claims
arising out of delays or disruptions or both, caused by the aforesaid change.
H-5. NAVSEA 5252.225-9100 FOREIGN SHIPYARD CONSTRUCTION PROHIBITION (AT)
(JAN 1983)
Neither the vessel nor the hull, midbody, or other major fixed structural
component of the vessel shall be constructed in a foreign shipyard.
H-6. NAVSEA 5252.227-9113 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (JUL 1995)
(a) The Contractor shall participate in the appropriate interchange of the
Government-Industry Data Exchange Program (GIDEP) in accordance with NAVSEA
S0300-BU-GYD-010 dated November 1994. Data entered is retained by the program
and provided to qualified participants. Compliance with this requirement shall
not relieve the Contractor from complying with any other requirement of the
contract.
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<PAGE>
N00024-97-C-2202
(b) The Contractor agrees to insert paragraph (a) of this requirement in any
subcontract hereunder exceeding $500,000.00. When so inserted, the word
"Contractor" shall be changed to "Subcontractor".
H-7. NAVSEA 5252.217-9121 INDEMNIFICATION FOR ACCESS TO VESSEL (MAY 1989)
Notwithstanding any provision in the "ACCESS TO VESSEL" clause, or any
other clause of the contract, the Contractor agrees to allow officers,
employees, and associates of the Government, or other prime contractors with the
Government and their subcontractors, and officers, employees, and associates of
offerors on other contemplated work, admission to the Contractor's facilities
and access to the vessel without any further request for indemnification from
any party, which has not previously been included in the contract price.
H-8. NAVSEA 5252.228-9106 INSURANCE-PROPERTY LOSS OR DAMAGE-LIABILITY TO THIRD
PERSONS (CT) (JAN 1990)
(a) Unless otherwise directed by the Department, the Contractor shall procure
and thereafter maintain with respect to each of the vessels Collision Liability
and Protection and Indemnity Liabilities Insurance, if available, as set forth
in the pamphlet entitled "Standard Forms of Marine Builders Risk (Navy Form
Syndicate) and War Damage Insurance Policies, referred to in Vessel Contracts of
the Bureau of Ships", dated 23 November 1942, in an amount equal to (i) eighty
percent (80%) of the sum of the estimated cost of the vessel and an amount
established by the Department to represent the value of materials and equipment
furnished by the Government for installation by the Contractor, or (ii) Two
Million Dollars ($2,000,000), whichever shall be less. The Government will
indemnify the Contractor against liabilities (including expenses incidental
thereto) to third persons which, but for the limitation on amount specified in
this paragraph, would have been covered by such Collision Liability and
Protection and Indemnity Liabilities Insurance, and which are not compensated
for by insurance or otherwise, provided such liabilities are represented by
final judgments or by settlements approved in writing by the Department. The
Contractor shall not, however, be so indemnified against liabilities with
respect to which the Contractor has failed to procure or maintain insurance, if
available, as required or approved by the Department. The Contractor shall
promptly notify the Department of each suit or action filed and each claim made
against which the Contractor may be
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<PAGE>
N00024-97-C-2202
entitled to indemnification under this paragraph. The Contractor shall furnish
the Department with copies of all papers received with respect to each suit,
action or claim and, if requested by the Department, shall authorize
representatives of the Government to settle, or direct or take charge of the
defense of, such suit, action or claim. In the absence of such request, the
Contractor shall diligently proceed with such defense. The Government's
liability under this paragraph (a) and the Collision Liability and Protection
and Indemnity Liabilities Insurance forms set forth in the pamphlet entitled
"Standard Forms of Marine Builders Risk (Navy Form Syndicate) and War Damage
Insurance Policies, referred to in Vessel Contracts of the Bureau of Ships,
dated 23 November 1942, is subject to the availability of appropriated funds at
the time a contingency occurs. Nothing in this contract shall be construed as
implying that the Congress will, at a later date, appropriate funds sufficient
to meet deficiencies.
(b) The cost of the insurance required by paragraph (a) of this requirement is
included in the estimated cost and the cost of all other insurance which may be
required or approved pursuant to this requirement will reimbursed to the
Contractor. If the Department should require or approve the cancellation of any
insurance or any insurance is otherwise canceled, the Contractor will promptly
pay to the Government the amount of all unearned premiums refunded to the
Contractor, but only to the extent that such premiums shall have been reimbursed
to the Contractor by the Government.
(c) All insurance which is or may be required or approved pursuant to this
requirement shall be in such form, in such amounts, for such periods of time,
and with such insurers as the Department may from time to time require or
approve, provided the Contractor and the Government shall be named as insureds
and shall be entitled to payment of any loss or damage as its interests may
appear. The policies or certificates of insurance shall be deposited with the
Assistant Secretary of the Navy (R,D&A), Insurance Office, or as the Department
may otherwise direct.
(d) The indemnification afforded by the Government to the Contractor for the
purposes of this requirement is without regard and as an exception to the clause
of this contract entitled "LIMITATION OF COST" (FAR 52.232-20).
H-10. NAVSEA 5252.243-9105 NOTIFICATION OF CHANGES (CT) (JAN 1983)
128
<PAGE>
(a) Definitions. As used in this requirement, the term "Contracting Officer"
-----------
does not include any representative of the Contracting Officer whether or not
such representative is acting within the scope of his authority nor does it
include any other individuals or activities that in any way communicate with the
Contractor. As used in this requirement, the term "conduct" includes both
actions and failures to act, and includes the furnishing of, or the failure to
furnish, any item under any requirement of this contract.
(b) Notice. The primary purpose of this requirement is to obtain prompt
------
reporting of any conduct which the Contractor considers would constitute or
would require a change to this contract. The parties acknowledge that proper
administration of this contract requires that potential changes be identified
and resolved as they arise. Therefore, except for changes identified as such in
writing and signed by the Contracting Officer, the Contractor shall notify the
Contracting Officer of any conduct which the Contractor considers would
constitute or would require a change to this contract. Such notice shall be
provided promptly, and in any event within thirty (30) calendar days from the
date the Contractor identifies any such conduct. The Notice shall be written and
shall state, on the basis of the most accurate information available to the
Contractor:
(i) The date, nature, and circumstances of the conduct regarded as a
change;
(ii) The name, function, and activity of the individuals directly involved
in or knowledgeable about such conduct;
(iii) The identification of any documents and the substance of any oral
communication involved in such conduct;
(iv) The particular elements of contract performance for which the
Contractor might seek an equitable adjustment under this requirement, including:
(1) What ship(s) have been or might be affected by the potential
change;
(2) To the extent practicable, labor or materials or both which have
been or might be added, deleted, or wasted by the potential
change;
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<PAGE>
(3) To the extent practicable, the Contractor's preliminary order of
magnitude estimate of cost and schedule effect of the potential
change; and
(4) What and in what manner are the particular technical requirements
or contract requirements regarded as changed.
(c) Continued Performance. Except as provided in paragraph (f) below,
---------------------
following submission of notice, the Contractor shall take no action to implement
a potential change until advised by the Contracting Officer in writing as
provided in (d) below, unless the potential change was previously directed by
the Contracting Officer, in which case the Contractor shall conform therewith.
Nothing in this paragraph (c) shall excuse the Contractor from proceeding with
contract work other than implementation of the potential change or
from proceeding in accordance with directions issued by the Contracting Officer.
(d) Government Response. The Contracting Officer shall promptly, and in any
-------------------
event within twenty-one (21) calendar days after receipt of Notice, respond
thereto in writing. In such response, the Contracting officer shall either:
(i) Confirm that the conduct of which the Contractor gave notice
would constitute a change, and when necessary, direct the mode of
further performance, or;
(ii) Countermand any conduct regarded by the Contractor as a change,
or;
(iii) Deny that the conduct of which the Contractor gave notice would
constitute a change and, when necessary, direct the mode of
further performance, or;
(iv) In the event the Contractor's notice information is inadequate to
make a decision under (i), (ii) or (iii) above, advise the
Contractor what additional information is required. Failure of
the Government to respond within the time required above shall be
deemed a countermand under (d) (ii).
(e) Equitable Adjustment. Equitable adjustments for changes confirmed or
--------------------
countermanded by the Contracting Officer shall be made in accordance with the
clause of this
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<PAGE>
contract entitled "CHANGES", or any other requirement of this contract which
provides for an equitable adjustment.
(f) Special Procedures. Paragraph (c) provides that the Contractor is to take
------------------
no action to implement a potential change pending the Contracting Officer's
response to the Contractor's notice of the potential change, except where
specifically directed by the Contracting Officer. In special situations,
however, where
(1) The circumstances do not allow sufficient time to notify the
Contracting Officer of the facts prior to the need to proceed with the work,
and;
(2) The work must proceed to avoid hazards to personnel or property or to
avoid additional cost to the Government, the Contractor may proceed with work in
accordance with the potential change. In such special situations, the Contractor
shall advise the Contracting Officer in writing within ten (10) days of the
conduct giving rise to the potential change that the Contractor has proceeded
and shall describe the nature of the special situation which required proceeding
prior to notification. Within thirty (30) calendar days of the conduct giving
rise to the potential change, the Contractor shall provide notice as required in
(b) above. The Contracting Officer shall respond as set forth in (d) above. If
the Contracting Officer determines that the conduct constitutes a change and
countermands it, the Contractor shall be entitled to an equitable adjustment for
performance in accordance with that change prior to the countermand including
performance resulting from the countermand.
(g) When the Contractor identifies any conduct which may result in delay to
delivery of the ship(s), the Contractor shall promptly so inform the Contracting
Officer thereof prior to providing the notice required by paragraph (b) above.
(h) Despite good faith best efforts, occasions may arise in which the
Contractor does not provide notice within the time periods specified in
paragraphs (b) and (f) above. Accordingly, prior to the end of the first and
third quarters of each calendar year through the period of performance of this
contract, beginning with the * quarter of * , the Contractor shall
----- -----
deliver to the Government an executed bilateral contract modification, in the
format set forth in Exhibit "A" to this requirement,
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<PAGE>
covering the six month period of time ending with the second and fourth
quarters, respectively, of the preceding year, with such specific exceptions, if
any, as are identified by the Contractor. If the Contractor cites specific
exceptions to the release, the Contractor shall concurrently provide the
Contracting Officer with notice, containing the information set forth in
paragraph (b) of this requirement, for each item excepted from the release.
However, the release required by this requirement shall not make unallowable any
costs which are otherwise allowable under any other requirement of this
contract.
Within sixty (60) days of receipt of the release, the Contracting Officer
shall sign and return a copy of the release to the Contractor. If the
Contracting Officer fails to execute and return the release within the required
time, then the release shall be deemed to be void and of no effect for the
period involved.
(i) If the release in accordance with paragraph (h) above is not provided to
the Government by the Contractor in the time required, the Contracting Officer
may execute the release as set forth in Exhibit "A" and send it to the
Contractor. If the Contractor fails to execute the release and return it to the
Government (with any specific exceptions) within sixty (60) days of receipt
thereof, the required release shall then be deemed effective as if signed by the
Contractor.
Exhibit A to the Requirement entitled "NOTIFICATION OF CHANGES"
- --------------------------------------------------------------
This modification reflects the agreement of the parties to the mutual full and
final releases for the consequences of that conduct (as conduct is defined in
the requirement entitled "NOTIFICATION OF CHANGES"), described below, except the
conduct identified in Attachment A hereto is excluded and not covered by the
terms of this release.
1. Except for the conduct listed in Attachment A by either party, neither the
Contractor nor the Government shall be entitled to any equitable adjustment or
to money damages and/or other relief for any conduct, as specified below.
2. In consideration of the foregoing the parties hereby agree to the following
release:
a. The Government, for itself, its assigns, vendors, suppliers, and
contractors, hereby remises, releases, and forever discharges the Contractor,
its officers, agents and
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employees from any and all entitlement of the Government to equitable adjustment
of the contract cost and fee and delivery schedule due to conduct under this
contract, which occurred on or before * .
----
b. 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 and all
entitlement of the Contractor to equitable adjustment of the contract cost and
fee and/or delivery schedule of this contract or of any other Government
contract (with this or any other Contractor) or any contract between the
Contractor and any third party by reason of any conduct which increases the
Contractor's cost or time of performance of work under this contract and meets
the following conditions (1) known to the Contractor, (2) occurred on or before
* and (3) the Contractor failed to give notice prior to date of this release,
- ---
and (ii) any and all liabilities to the Contractor for money damages and/or
other relief for the impact of any such conduct, upon this contract or any other
Government contract (with this or any other Contractor) or any contract between
the Contractor and any third party.
H-11. NAVSEA 5252.216-9110 ORDERS (FIXED-PRICE) (MAY 1993) (APPLICABLE TO ITEMS
0006, 0008 AND 0010)
(a) General. Orders for supplies or services specified in Section B of the
-------
Schedule may be issued by the Contracting Officer at any time during the
effective period of this agreement. Except as otherwise provided in paragraph
(e) below, the Contractor agrees to accept and perform orders issued by the
Contracting Officer within the scope of this agreement. It is understood and
agreed that the Government has no obligation under the terms of this agreement
to issue any orders. Except as otherwise provided in any order, the Contractor
shall furnish all materials and services necessary to accomplish the work
specified in each order issued hereunder; provided, however, that this agreement
shall not be used for the furnishing of supplies or services which are covered
by any "guaranty" or "warranty" clause(s) of the contract(s) under which the
supplies were manufactured. In the event of any inconsistency between any order
and this agreement, this agreement shall control. All requirements of this
agreement shall be applicable to all orders issued hereunder. Wherever the word
"contract" appears in this agreement, it shall be deemed to include within its
meaning the word "order", and each order shall be considered a separate binding
contract as of its effective date. The Contractor shall segregate the costs
incurred in
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the performance of any order issued hereunder from the costs of all other orders
issued under this agreement.
(b) Ordering. Orders and revisions thereto shall be made in writing and be
--------
signed by any authorized Contracting Officer cited in paragraph (i). Each order
shall:
(1) set forth detailed specifications or requirements for the
supplies or services being ordered, (or reference applicable
specifications or requirements in Section C of this agreement),
and, shall refer to the appropriate item under Section B of this
agreement;
(2) set forth quantities being ordered;
(3) set forth preservation, packaging and packing instructions, if
any;
(4) set forth delivery or performance dates;
(5) designate the place(s) where inspection and acceptance will be
made by the Government;
(6) set forth either the firm contract price or, in the case of an
undefinitized order, the definitization schedule and both the
monetary limitation on Government liability for the undefinitized
order and the maximum ceiling amount at which the order may be
definitized;
(7) set forth appropriation and accounting data for the work being
ordered;
(8) set forth any discount offered for prompt payment;
(9) be dated;
(10) be identified by number in accordance with DFARS 204.7004;
(11) set forth the property, if any, to be furnished by the Government
and the date(s) such property is to be delivered to the
Contractor;
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(12) set forth the disbursing office where payment is to be made and
other applicable contract administration data;
(13) cite the applicable circumstance or exception and the
justification control number. Orders for items not identified in
the class justification, or an individual justification, and the
basic ordering agreement are unauthorized;
(14) be issued on an SF 26 or a DD Form 1155; and
(15) set forth any other pertinent information.
(c) Firm Priced Orders. Except as otherwise provided in paragraph (d) below,
------------------
the Contractor shall not begin any work on an order until a firm priced order is
issued by the Contracting Officer. Upon receipt of a proposed order, the
Contractor shall promptly submit to the Contracting Officer a price proposal for
the work specified in the order. The Contractor agrees that it will submit a
signed SF 1411 (Contract Pricing Proposal) or such other cost or pricing data as
the Contracting Officer may require. Promptly after receipt of the Contractor's
proposal and supporting cost or pricing data, the Contractor and the Contracting
Officer shall negotiate and agree upon a price and delivery schedule for the
work being ordered. The price and delivery schedule, as agreed upon, shall be
set forth in the priced order and the order shall be signed by both the
Contracting Officer and the Contractor. Upon receipt of the priced order, the
Contractor shall promptly commence work and shall diligently complete it.
(d) Undefinitized Orders. Whenever the Contracting Officer determines that
--------------------
urgent demands or requirements prevent the issuance of a firm priced order, the
Contracting Officer may issue an unpriced order. Such order may be unilateral or
bilateral and shall establish a limitation on Government liability, a maximum
ceiling amount and a schedule for definitization, as described in subparagraph
(f) (2) below. Upon request, the Contractor shall submit a maximum ceiling
amount proposal before the undefinitized order is issued. The maximum ceiling
amount is the maximum price at which the order may be definitized. Except as
provided in paragraph (e) below, the Contractor shall commence performance of
the order upon receipt. The clause entitled "PRICE CEILING" (DFARS 252.217-7027)
shall be included in any undefinitized order.
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(e) Rejection of Unilateral Orders. The Contractor may reject any unilateral
------------------------------
order if the Contractor determines it cannot feasibly perform the order, or if
it does not concur with the maximum ceiling amount. However, each
unilateral order shall be deemed to have been accepted by the Contractor unless
within fifteen (15) days of issuance of the order the Contractor notifies the
Contracting Officer in writing of its rejection of the order.
(f) Definitization of Undefinitized Orders. (1) The Contractor agrees that
--------------------------------------
following the issuance of an undefinitized order, it will promptly begin
negotiating with the Contracting Officer the price and terms of definitive order
that will include: (A) all clauses required by regulation on the date of the
order; (B) all clauses required by law on the date of execution of the
definitive order; and, (C) other mutually agreeable clauses, terms and/or
conditions. No later than sixty (60) days after the undefinitized order is
issued, the Contractor shall submit a cost proposal with sufficient data to
support the accuracy and derivation of its price; and, when required by FAR or
the Contracting Officer, cost or pricing data, including SF 1411. If additional
cost information is available prior to the conclusion of negotiations, the
Contractor shall provide that information to the Contracting Officer. The price
agreed upon shall be set forth in a bilateral modification to the order. In no
event shall the price exceed the maximum ceiling amount specified in the
undefinitized order.
(2) Each undefinitized order shall contain a schedule for definitization
which shall include a target date for definitization and dates for submission of
a qualifying proposal, beginning of negotiations and, if appropriate, submission
of make-or-buy and subcontracting plans and cost or pricing data. Submission
of a qualifying proposal in accordance with the definitization schedule is a
material element of the order. The schedule shall provide for definitization of
the order by the earlier of:
(i) specified target date which is not more than 180 days after the
issuance of the undefinitized order. However, that target date
may be extended by the Contracting Officer for up to 180 days
after the Contractor submits a qualifying proposal as defined in
DFARS 217.7401; or
(ii) the date on which the amount of funds expended by the Contractor
under the undefinitized order exceeds fifty percent
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(50%) of the order's maximum ceiling amount, except as provided in
subparagraph (f)(3) below.
(3) If agreement on a definitive order is not reached within the time
provided pursuant to subparagraph (f)(2) above, the Contracting Officer may,
with the approval of the Head of the Contracting Activity, determine a
reasonable price in accordance with Subpart 15.8 and Part 31 of the FAR, and
issue a unilateral order subject to Contractor appeal as provided in the
"DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed
with completion of the order, subject to the "LIMITATION OF GOVERNMENT
LIABILITY" clause (FAR 52.216-24).
(g) Limitation of Government Liability. (1) Each undefinitized order shall set
----------------------------------
forth the limitation of Government liability, which shall be the maximum amount
that the Government will be obligated to pay the Contractor for performance of
the order until the order is definitized. The Contractor is not authorized to
make expenditures or incur obligations exceeding the limitation of Government
liability set forth in the order. If such expenditures are made, or if such
obligations are incurred, those expenditures and obligations will be at the
Contractor's sole risk and expense. Further, the limitation of liability shall
be the maximum Government liability if the order is terminated. The clause at
FAR 52.216-24 shall be included in any undefinitized order.
(2) Except for undefinitized orders for Foreign Military Sales; purchases
of less than $25,000; special access programs; and Congressionally-mandated long
lead procurements; and except as otherwise provided in subparagraph (g)(3)
below, the limitation of Government liability shall not exceed fifty percent
(50%) of the maximum ceiling amount of an undefinitized order. In the case of
orders within these excepted categories, however, the procedures set forth
herein shall be followed to the maximum extent practical.
(3) If the Contractor submits a qualifying proposal, as defined in DFARS
217.7401, to definitize an order before the Contractor has incurred costs in
excess of fifty percent (50%) of the maximum ceiling amount, the Contracting
Officer may increase the limitation of Government liability up to no more than
seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five
percent (75%) of the price proposed by the Contractor, whichever is less.
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(4) If at any time the Contractor believes that its expenditures under an
order will exceed the limitation of Government liability, the Contractor shall
so notify the Contracting Officer, in writing, and propose an appropriate
increase in the limitation of Government liability of such order. Within thirty
(30) days of such notice, the Contracting Officer will either (i) notify the
Contractor in writing of such appropriate increase, or (ii) instruct the
Contractor how and to what extent the work shall be continued; provided,
however, that in no event shall the Contractor be obligated to proceed with work
on an undefinitized order beyond the point where its costs incurred plus a
reasonable profit exceed the limitation of Government liability, and provided
also that in no event shall the Government be obligated to pay the Contractor
any amount in excess of the limitation of Government liability specified in any
such order prior to definitization.
(h) Initial Spares. The limitations set forth in paragraph (d) and
--------------
subparagraphs (f) (2), (g) (2) and (g) (3), do not apply to undefinitized orders
for the purchase of initial spares.
(i) Ordering Activities. The following activities are authorized to issue orders
-------------------
hereunder:
-NAVSEA PMS 317
-Supervisor of Shipbuilding Conversion and Repair, USN (TBD)
The Contracting Officer of the Ordering Activity shall forward a copy of each
executed order marked "DD-350", to the Commander, Naval Sea Systems Command,
ATTN: SEA 0294.
H-12. NAVESEA 5252. 243-9113 OTHER CHANGE PROPOSALS (CT) (JAN 1990)
(a) The Contracting Officer, in addition to proposing engineering changes
pursuant to other requirements of this contract, and in addition to issuing
changes pursuant to the clause of this contract entitled "CHANGES", may propose
other changes within the general scope of this contract as set forth below.
Within forty-five (45) days from the date of receipt of any such proposed
change, or within such further time as the Contracting Officer may allow, the
Contractor shall submit the proposed scope of work, plans and sketches, and its
estimate of: (A) the cost, (B) the weight and moment effect, (C) effect on
delivery dates of the vessel(s), and (D) status of work on the vessels
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affected by the proposed change. The proposed scope of work and estimate of cost
shall be in such form and supported by such reasonably detailed information as
the Contracting Officer may require. Within sixty (60) days from the date of
receipt of the Contractors's estimate, the Contractor agrees to either (A) enter
into a supplemental agreement covering the estimate as submitted, or (B) if the
estimate as submitted is not satisfactory to the Contracting Officer, enter into
negotiations in good faith leading to the execution of a bilateral supplemental
agreement. In either case, the supplemental agreement shall cover an equitable
adjustment in the contract cost and fee including an equitable adjustment for
the preparatory work set forth above, scope, and all other necessary equitable
adjustments. The Contractor's estimate referred to in this subparagraph shall be
a firm offer for sixty (60) days from and after the receipt thereof by the
Contracting Officer having cognizance thereof, unless such period of time is
extended by mutual consent.
(b) Pending execution of a bilateral agreement or the direction of the
Contracting Officer pursuant to the "CHANGES" clause, the Contractor shall
proceed diligently with contract performance without regard to the effect of any
such proposed change.
(c) In the event that a change proposed by the Contracting Officer is not
incorporated into the contract, the work done by the Contractor in preparing the
estimate in accordance with subparagraph (a) above shall be treated as if
ordered by the Contracting Officer under the "CHANGES" clause. The Contractor
shall be entitled to an equitable adjustment in the contract cost and fee for
the effort required under subparagraph (a), but the Contractor shall not be
entitled to any adjustment in delivery date. Failure to agree to such equitable
adjustment in the contract cost and fee shall be a dispute within the meaning of
the clause of this contract entitled "DISPUTES" (FAR 52.233-1).
H-13. NAVSEA 5252.216-9112 ORDERS (COST-PLUS-FIXED-FEE)
(MAY 1993)
(APPLICABLE TO ITEM 0007)
(a) General. Orders for supplies or services specified in Section B of the
-------
Schedule may be issued by the Contracting Officer at any time during the
effective period of this agreement. Except as otherwise provided in paragraph
(e) of this clause, the Contractor agrees to accept and perform orders issued by
the Contracting Officer within the scope of this agreement. It is understood and
agreed that the
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<PAGE>
Government has no obligation under the terms of this agreement to issue any
orders. Except as otherwise provided in any order, the Contractor shall furnish
all materials and services necessary to accomplish the work specified in each
order issued hereunder; provided, however, that this agreement shall not be used
for the furnishing of supplies or services which are covered by any "guaranty"
or "warranty" clause(s) of the contract(s) under which the supplies were
manufactured. In the event of any inconsistency between any order and this
agreement, this agreement shall control. All the requirements of this agreement
shall be applicable to all orders issued hereunder. Wherever the word "contract"
appears in this agreement, it shall be deemed to include within its meaning the
word "order", and each order shall be considered a separate binding contract as
of its effective date. The Contractor shall segregate the costs incurred in the
performance of any order issued hereunder from the costs of all other orders
issued under this agreement.
(b) Ordering. Orders and revisions thereto shall be made in writing and be
--------
signed by any authorized Contracting Officer cited in paragraph (i). Each order
shall:
(1) set forth detailed specifications or requirements for the supplies
or services being ordered, (or reference applicable specifications
or requirements in Section C of this agreement), and, if
applicable, shall refer to appropriate item under Section B of
this agreement;
(2) set forth quantities being ordered;
(3) set forth preservation, packaging and packing instructions, if
any;
(4) set forth delivery or performance dates;
(5) designate the place(s) where inspection and acceptance will be
made by the Government;
(6) set forth the estimated cost and fixed fee or, in the case of an
undefinitized order, the definitization schedule and both the
monetary limitation on Government liability for the undefinitized
order and the maximum ceiling amount at which the order may be
definitized;
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<PAGE>
(7) set forth appropriation and accounting data for the work being
ordered;
(8) be dated;
(9) be identified by number in accordance with DFARS 204.7004;
(10) set forth the property, if any, to be furnished by the Government
and the date(s) such property is to be delivered to the
Contractor;
(11) set forth the disbursing office where payment is to be made and
other applicable contract administration data.
(12) cite the applicable circumstance or exception and the
justification control number. Orders for items not identified in
the class justification, or an individual justification and the
basic ordering agreement are unauthorized;
(13) be issued on an SF 26 or DD Form 1155; and
(14) set forth any other pertinent information.
(c) Priced Orders. Except as otherwise provided in paragraph (d) below, the
-------------
Contractor shall not being any work on an order until the estimated cost and
fixed fee for the order have been agreed upon by the Contracting Officer and
Contractor and an order is issued by the Contracting Officer. Upon receipt of a
proposed order, the Contractor shall promptly submit to the Contracting Officer
a cost proposal for the work specified in the order. The Contractor shall submit
a signed SF 1411 (Contract Pricing Proposal) or such other cost or pricing data
as the Contracting Officer may require. Promptly after receipt of the
Contractor's proposal and supporting cost or pricing data, the Contractor and
the Contracting Officer shall negotiate and agree upon the estimated cost, fixed
fee, and delivery schedule for the work being ordered. The estimated cost, fixed
fee, and delivery schedule, as agreed upon, shall be set forth in the priced
order and the order shall be signed by both the Contracting Officer and the
Contractor. Upon receipt of the priced order, the Contractor shall promptly
commence work and shall diligently complete it.
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(d) Undefinitized Orders. Whenever the Contracting Officer determines that
--------------------
urgent demands or requirements prevent the issuance of a priced order, the
Contracting Officer may issue an unpriced order. Such order may be unilateral or
bilateral and shall establish a limitation on Government liability, a maximum
ceiling amount, and a schedule for definitization of the order, as described in
subparagraph (f) (2) below. Upon request, the Contractor shall submit a maximum
ceiling amount proposal before the undefinitized order is issued. The maximum
ceiling amount is the maximum amount (including fee) at which the order may be
definitized. Except as provided in paragraph (e) below, the Contractor shall
commence performance of the order upon receipt. The clause entitled "PRICE
CEILING" (DFARS 252.217-7027) shall be included in any undefinitized order.
(e) Rejection of Unilateral Orders. The Contractor may reject any unilateral
------------------------------
order if the Contractor determines that it cannot feasibly perform the order or
if it does not concur with the maximum ceiling amount. However, each unilateral
order shall be deemed to have been accepted by the Contractor unless within
fifteen (15) days of issuance of the order the Contractor notifies the
Contracting Officer in writing of its rejection of the order.
(f) Definitization of Undefinitized Orders. (1) The Contractor agrees that
--------------------------------------
following the issuance of an undefinitized order, it will promptly begin
negotiating with the Contracting Officer the CPFF and terms of a definitive
order that will include: (A) all clauses required by regulation on the date of
the order; (B) all clauses required by law on the date of execution of the
definitive order; and (C) other mutually agreeable clauses, terms and/or
conditions. No later than sixty (60) days after the undefinitized order is
issued, the Contractor shall submit a cost proposal with sufficient data to
support the accuracy and derivation of its CPFF proposal; and, when required by
FAR or the Contracting Officer, cost or pricing data, including SF 1411. If
additional cost information is available prior to the conclusion of
negotiations, the Contractor shall provide that information to the Contracting
Officer. The CPFF agreed upon shall be set forth in a bilateral modification to
the order. In no event shall the CPFF exceed the maximum ceiling amount
specified in the undefinitized order.
(2) Each undefinitized order shall contain a schedule for definitization
which shall include a target date for definitization and dates for submission of
a qualifying proposal, beginning of negotiations and, if appropriate,
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submission of make-or-buy and subcontracting plans and cost or pricing data.
Submission of a qualifying proposal in accordance with the definitization
schedule is a material element of the order. The schedule shall provide for
definitization of the order by the earlier of:
(i) a specified target date which is not more than 180 days after the
issuance of the undefinitized order. However, that target date
may be extended by the Contracting Officer for up to 180 days
after the Contractor submits a qualifying proposal as defined in
DFARS 217.7401; or
(ii) the date on which the amount of funds expended by the Contractor
under the undefinitized order exceeds fifty percent (50%) of the
order's maximum ceiling amount, except as provided in
subparagraph (f)(3) below.
(3) If agreement on a definitive order is not reached within the time
provided pursuant to subparagraph (f)(2) above, the Contracting Officer may,
with the approval of the Head of the Contracting Activity, determine a
reasonable CPFF in accordance with Subpart 15.8 and Part 31 of the FAR, and
issue a unilateral order subject to Contractor appeal as provided in the
"DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed
with completion of the order, subject to the "LIMITATION OF GOVERNMENT
LIABILITY" clause (FAR 52.216-24).
(g) Limitation of Government Liability. (1) Each undefinitized order shall
----------------------------------
set forth the limitation of Government liability, which shall be the maximum
amount that the Government will be obligated to pay the Contractor for
performance of the order until the order is definitized. The Contractor is not
authorized to make expenditures or incur obligations exceeding the limitation of
Government liability set forth in the order. If such expenditures are made or if
such obligations are incurred, those expenditures and obligations will be at the
Contractor's sole risk and expense, Further, the limitation of liability shall
be the maximum Government liability if the order is terminated. The clause at
FAR 52.216-24 shall be included in any undefinitized order.
(2) Except for undefinitized orders for Foreign Military Sales; purchases
of less than $25,000; special access programs; and Congressionally-mandated
long-lead
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procurements; and except as otherwise provided in subparagraph (g)(3) below, the
limitation of Government liability shall not exceed fifty percent (50%) of the
maximum ceiling amount of an undefinitized order. In the case of orders within
these excepted categories, however, the procedures set forth herein shall be
followed to the maximum extent practical.
(3) If the Contractor submits a qualifying proposal, as defined in DFARS
217.7401 to definitize an order before the Contractor has incurred costs in
excess of fifty percent (50%) of the maximum ceiling amount, the Contracting
Officer may increase the limitation of Government Liability up to no more than
seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five
percent (75%) of the total CPFF proposed by the Contractor, whichever is less.
(4) If at any time the Contractor believes that its expenditure under an
order will exceed the limitation of Government liability, the Contractor shall
so notify the Contracting Officer, in writing, and propose an appropriate
increase in the limitation of Government liability of such order. Within thirty
(30) days of such notice, the Contracting Officer will either (i) notify the
Contractor in writing of such appropriate increase, or (ii) instruct the
Contractor how and to what extent the work shall be continued; provided,
however, that in no event shall the Contractor be obligated to proceed with work
on an undefinitized order beyond the point where its costs incurred plus a
reasonable profit exceed the limitation of Government liability, and provided
also that in no event shall the Government be obligated to pay the Contractor
any amount in excess of the limitation of Government liability specified in any
such order prior to definitization.
(h) Initial Spares. The limitations set forth in paragraph (d) and
--------------
subparagraphs (f)(2), (g)(2) and (g)(3) do not apply to undefinitized orders
for the purchase of initial spares.
(i) Ordering Activities. The following activities are authorized to issue
-------------------
orders hereunder:
- NAVSEA PMS 317
- Supervisor of Shipbuilding Conversion
and Repair, USN (TBD)
The Contracting Officer of the Ordering Activity shall forward a copy of each
executed order marked "DD-350", to the Commander, Naval Sea Systems Command,
ATTN: SEA 0294.
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H-14. NAVSEA 5252.249-9100 SPECIAL CONTRACT REQUIREMENT CONCERNING TERMINATION
FOR CONVENIENCE OF THE GOVERNMENT (SEP 1990)
If this contract is terminated pursuant to the clause entitled "TERMINATION FOR
CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)" (FAR 52.249-2), the Contractor
shall arrange for the return to its plant(s) or for other disposition of its
engineers assigned to this contract and affected by such termination. To the
extent terminated, the Government shall be liable only for payment in accordance
with the payment and compensation requirements of this contract, for services of
engineers assigned to this contract which are rendered prior to the effective
date of termination and during the next thirty (30) days, or until the
engineers' periods of service under this contract are terminated, whichever
is earlier.
H-15. NAVSEA 5252.247-9110 TUG AND PILOT SERVICES (SEP 1990)
The Contractor shall provide necessary tug and pilot services to move the
vessel(s) from the fairway of the plant to the pier or dock, and upon
completion of all work from the pier or dock, to the fairway of the plant.
H-16 FINAL CONTRACT PERFORMANCE INCENTIVES
-------------------------------------
1.0 Nature of Incentive:
-------------------
The intent of this incentive is to provide an added inducement above and
beyond the Award fee for the Contractor to design and build a trouble free ship
capable of uninterrupted exceptional performance. This incentive shall be based
solely on the overall operation and required maintenance of the Lead Ship (LPD
17), First Option Ship (LPD 18), and Second Option Ship (LPD 19).
2.0 Evaluation Factors:
------------------
The ship's performance shall be evaluated on the following factors:
1. How well each ship performed its required mission. Mission
effectiveness is defined as the time of ship operation free of mission
degrading (CAT 3 or 4)
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system casualties as a fraction of total operation time.
2. Predicted vs. actual Total Maintenance Man-Hours (TMMH), preventive
and corrective, for selected mission essential equipment.
3. Predicted vs. actual Operational Availability for selected mission
essential equipment.
4. Predicted vs. actual Operational and Support (O&S) Maintenance,
Manpower and Training Costs.
5. Overall effectiveness of operations at sea of the ship(s).
6. IPDE effectiveness in Shipboard environment.
The Government may revise these factors and/or add additional
factors in this section.
3.0 Incentive Periods:
-----------------
Performance evaluations will be conducted in accordance with the
schedule below:
3.1 Incentive Period for Lead ship (LPD 17): The incentive period
---------------------------------------
shall commence at the conclusion of the ship Guaranty Period and conclude
three (3) years later.
3.2 Incentive Period for Option ship(s) (LPD 18, and 19): The
----------------------------------------------------
incentive period shall commence at the conclusion of the applicable Option
ship Guaranty Period and conclude three (3) years later.
4.0 Performance Incentive Board:
---------------------------
Within thirty (30) days of the completion of each three (3) year
performance period, the board specified below shall meet and determine what
performance incentives, if any, shall be paid to the Contractor.
The Performance Incentive Board (PIB) shall consist of no less
than six of the following member (or designated alternates):
(1) PMS 317 LPD 17 Program Manager, Chairman
(2) PMS 317 Director of Acquisition
(3) PMS 317 Director of LPD 17 Fleet Operation, Support &
Modernization
(4) PMS 317 Director of Logistics and Fleet Support
(5) Commanding Officer(s) as applicable
(6) Representative of President, Board of Inspection and Surveys
(7) COMNAVSURFLANT/PAC Representative as applicable
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<PAGE>
(8) USMC Representative
(9) Procuring Contracting Officer or designated representative
4.1 Approving Official
------------------
The Approving Official, who will be the LPD 17 Program Manager,
shall make determinations of the incentive fee due to the Contractor upon
the basis of the performance evaluation conducted by the PIB.
5.0 Calculation of Incentive:
-------------------------
5.1 Incentive for Evaluation Factors 1, 2, & 3:
-----------------------------------------------
For Lead Ship (LPD 17):
----------------------
For Evaluation Factor 1:
-----------------------
(T17a - T17p) Avail.
Incentive = --------------- x 0.20 x Incentive
(100 - T17p) for LPD 17
or .20 of available incentive, whichever is less.
Where:
T17a = Actual Time of Operation Free of C3 or C4 CASREPS
(Expressed in percent)
T17p = Predicted Time of Operation Free of C3 or C4 CASREPS
(Expressed in percent)
For Evaluation Factor 2:
-----------------------
(TMMH17p-TMMH17a) Avail.
Incentive = 2 x ------------------ x 0.20 x Incentive
TMMH17p for LPD 17
or .20 of available incentive, whichever is less.
Where:
TMMH17a = Actual Total Maintenance Man-Hours, preventive and
corrective, for selected mission essential equipment on
the LEAD SHIP (LPD 17)
147
<PAGE>
TMMH17p = Predicted Total Maintenance Man-Hours, preventive and
corrective, for selected mission essential equipment on
the LEAD SHIP (LPD 17)
For Evaluation Factor 3:
-----------------------
(A\o\17a - (A\o\17p) Avail.
Incentive = --------------------- X 0.20 X Incentive for
(1.00 - A\o\17p) Lead Ship
(LPD 17)
or .20 of available incentive, whichever is less.
Where:
Ao17a = Actual Ao for selected mission essential equipment
on the Lead Ship (LPD 17)
Ao17p = Predicted Ao for selected mission essential equipment
on the Lead Ship (LPD 17)
For First Option Ship (LPD 18):
------------------------------
For Evaluation Factor 1:
-----------------------
[(T17a+T18a)/2] - T18p Avail. Incentive
Incentive = ------------------ X 0.20 X for First Option
(100 - T18p) Ship (LPD 18)
or .20 of available incentive, whichever is less.
Where:
T18a = Actual Time of Operation Free of C3 or C4 CASREPS for
First Option Ship (LPD 18) (Expressed in percent)
T18p = T17p, or T17a, or prediction for LPD 18 whichever is
greater (Expressed in percent)
For Evaluation Factor 2:
-----------------------
(TMMH18p-[(TMMH17a+TMMH18a)]/2) Avail.
148
<PAGE>
Incentive = 2 x _________________________________ x 0.20 x Incentive for
TMMH18P First Option
Ship (LPD 18)
or .20 of available incentive, whichever is less.
Where:
TMMH18a = Actual Total Maintenance Man-Hours,
preventive and corrective, for selected
mission essential equipment on the OPTION
SHIP(LPD 18)
TMMH18p = TMMH17p, or TMMH17a, or prediction for LPD
18 whichever is lower.
For Evaluation Factor 3:
------------------------
Incentive = [(A/o/17a+A/o/18a)]/2- A/o/ 18p Avail. Incentive
----------------------------- x 0.20 x for First Option
(1.00 - A/o/18p) Ship (LPD 18)
or .20 of available incentive, whichever is less.
Where:
Ao18a = Actual Ao for selected mission essential equipment on the
First Option Ship (LPD 18)
Ao18p = Ao17p, or Ao17a, or predicted Ao for LPD 18, whichever is
greater.
For Second Option Ship (LPD 18):
--------------------------------
For Evaluation Factor 1:
------------------------
[(T17a+T18a+T19a)]/3 - T19p Avail.
Incentive = -------------------------- x 0.20 x Incentive for
(100 - T19p) Second Option
Ship (LPD 19)
or .20 of available incentive, whichever is less.
Where:
149
<PAGE>
T19a = Actual Time of Operation Free of C3 or C4 CASREPS for Second
Option Ship (LPD 19) (Expressed in percent)
T19p = T17p, T17a, T18p, T18a, or prediction for LPD 19, whichever is
greater. (Expressed in percent)
For Evaluation Factor 2:
-----------------------
TMMH19p - [(TMMH17a - TMMH18a +TMMH19a)]/3 Avail
Incentive = 2 x --------------------------------------------- x 0.20 x Incentive
TMMH19p for
Option
Ship (LPD
19)
or .20 of available incentive, whichever is less.
Where:
TMMH19a = Actual Total Maintenance Man-Hours, preventive and corrective,
for selected mission essential equipment on the OPTION SHIP
(LPD 19)
TMMH19p = TMMH17a, TMMH17p, TMMH18a, TMMH18p, or prediction for LPD 19
whichever is lower.
For Evaluation Factor 3:
-----------------------
[(A/o/7a+A/o/18a+A/o/19a)]/3- A/o/19p Avail
Incentive = --------------------------------------X 0.20 X Incentive for Option
Ship (LPD 19)
or .20 of available incentive, whichever is less.
Where:
Ao19a = Actual Ao for selected mission essential equipment on Second
Option Ship (LPD 19)
Ao19p = Ao17p, or Ao17a, or Ao18p, or Ao18a, or predicted Ao for LPD 19,
whichever is greater.
5.2 Evaluation 4, 5, 6 and 7:
------------------------
150
<PAGE>
The remaining incentive pool available after computing the incentive for
factors 1, 2, and 3 will be available as the incentive pool for factors 4, 5, 6
and 7.
6.0 Incentive Pools:
---------------
One hundred percent (100%) of all unearned award fee for CLINs 0001, 0002
and 0003, as calculated pursuant to Contract Requirement B-3 entitled
"Determination of Fee (NAVSEA) (OCT 1990) ", up to a maximum of $10,000,000 per
ship, shall be forward for this incentive pool.
7.0 Finality of Incentive Decision:
------------------------------
Determinations with respect to the amount of incentives to be paid to the
Contractor are final and shall not be subject to the "DISPUTES" Clause of this
Contract.
151
<PAGE>
SECTION I - CONTRACT CLAUSES
SECTION I-1 - CLAUSES INCORPORATED BY REFERENCE
1. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:
APPLICABLE TO ITEMS 0006,0008,0010 AND 0011
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.202-1 DEFINITIONS (OCT 1995)
52.203-3 GRATUITIES (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT (JUL 1995)
52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER
ACTIVITY (SEP 1990)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (JAN 1990)
(Applies if this contract exceeds $100,000.)
52.203-13 PROCUREMENT INTEGRITY-SERVICE CONTRACTING
(SEP 1990)
52.204-2 SECURITY REQUIREMENTS (AUG 1996)
52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER
(JUNE 1996)
52.208-1 REQUIRED SOURCES FOR JEWEL BEARINGS AND RELATED
ITEMS (APR 1984)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL
1995)
Fixed-Price Supply (Negotiated) 21 October 1996
Updated through FAC 90-42 and DAC 91-11
152
<PAGE>
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.211-5 NEW MATERIAL (MAY 1995)
52.211-7 OTHER THAN NEW MATERIAL, RESIDUAL INVENTORY, AND FORMER
GOVERNMENT SURPLUS PROPERTY (MAY 1995)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (SEP 1990)
52.215-2 AUDIT AND RECORDS-NEGOTIATION (AUG 1996)
52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1995)
52.215-23 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS
(OCT 1995)
52.215-24 SUBCONTRACTOR COST OR PRICING DATA (OCT 1995)
52.215-25 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS (OCT 1995)
52.215-26 INTEGRITY OF UNIT PRICES (OCT 1995)(Applies if contract award was
based on full and open competition.)
52.215-26 INTEGRITY OF UNIT PRICES (OCT 1995) AND ALTERNATE I (APR
and Alt I 1991)(Applies if contract award was not based on full and open
competition.)
52.215-27 TERMINATION OF DEFINED BENEFIT PENSION PLANS (MAR 1996)
52.215-39 REVERSION OR ADJUSTMENT OF PLANS FOR POST-RETIREMENT BENEFITS
OTHER THAN PENSIONS (PRB)(MAR 1996)
52.215-40 NOTIFICATION OF OWNERSHIP CHANGES (FEB 1995)
153
<PAGE>
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND
WOMEN-OWNED SMALL BUSINESS CONCERNS (OCT 1995)
52.219-9 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED
SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996)
52.219-9 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED
and Alt II SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996) AND
ALTERNATE II (MAR 1996)
52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (OCT
1995)
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR
1984)
52.222-3 CONVICT LABOR (AUG 1996)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT--OVERTIME COMPENSATION (JUL 1995)
52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1995)
(Deviation 95-00009 dated 15 Dec 1995 deletes the words
"representation and" from paragraph (a) of the APR 1984 clause.)
52.222-26 EQUAL OPPORTUNITY (APR 1984)
52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF
SUBCONTRACTS (APR 1984) (Applies if this contract is $1,000,000
or more.) (As used in the foregoing clause, the term "Contracting
Officer" shall be deemed to mean the "Administrative Contracting
Officer (ACO)".)
52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS
(APR 1984)
52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984)
52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA (JAN 1988)
154
<PAGE>
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.223-2 CLEAN AIR AND WATER (APR 1984)
52.223-6 DRUG-FREE WORKPLACE (JUL 1990)
52.223-11 OZONE-DEPLETING SUBSTANCES (JUN 1996)
52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)
52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 1996)
52.225-10 DUTY-FREE ENTRY (APR 1984) (Applies if this contract exceeds
$100,000.)
52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (OCT 1996)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT
(AUG 1989)
52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC
ENTERPRISES (SEP 1996)
52.227-1 AUTHORIZATION AND CONSENT (JUL 1995)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
(AUG 1996)
52.227-10 FILING OF PATENT APPLICATIONS--CLASSIFIED SUBJECT MATTER (APR
1984)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991)
52.229-4 FEDERAL, STATE, AND LOCAL TAXES (NON-COMPETITIVE CONTRACTS) (JAN
1991)
52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO
(APR 1984)
52.230-2 COST ACCOUNTING STANDARDS (APR 1996)
52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR
1996)
155
<PAGE>
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.230-65 ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 1996)
52.232-1 PAYMENTS (APR 1984)
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (APR 1989)
52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
52.232-11 EXTRAS (APR 1984)
52.232-16 PROGRESS PAYMENTS (JUL 1991) (Applies if the Contractor is other
than a Small Business Concern.)
52.232-16 PROGRESS PAYMENTS (JUL 1991) AND ALTERNATE I (AUG 1987) (Applies
and Alt I if the Contractor is a Small Business Concern.)
52.232-17 INTEREST (JUN 1996)
52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) AND ALTERNATE I (APR 1984)
and Alt I
52.232-25 PROMPT PAYMENT (MAR 1994)
52.232-33 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG
1996)
52.233-1 DISPUTES (OCT 1995) AND ALTERNATE I (DEC 1991)
and Alt I
52.233-3 PROTEST AFTER AWARD (AUG 1996) AND ALTERNATE I (JUN 1985)
and Alt I
52.234-1 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE
III (FEB 1995)
52.237-8 RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS (OCT 1995)
52.242-3 PENALTIES FOR UNALLOWABLE COSTS (OCT 1995)
52.242-10 F.O.B. ORIGIN--GOVERNMENT BILLS OF LADING OR PREPAID POSTAGE (APR
1984)
156
<PAGE>
SOURCE TITLE AND DATE
- ------ --------------
52.242-11 F.O.B. ORIGIN--GOVERNMENT BILLS OF LADING OR INDICIA
MAIL (FEB 1993)
52.242-12 REPORT OF SHIPMENT (REPSHIP) (JUL 1995)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-1 CHANGES--FIXED-PRICE (AUG 1987) AND ALTERNATE
and Alt II II (APR 1984)
52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)
52.244-5 COMPETITION IN SUBCONTRACTING (JAN 1996)
52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (DEC 1989
(DEVIATION) (SEP 1995) (The language "special tooling
accountable to the contract is subject to the provisions of
the special tooling clause and not the provisions of the
Government Property (Fixed-Price Contracts) clause" in
paragraph 52.245-2(c) is waived for a period of one year,
ending 16 October 1996, or until the FAR is changed,
whichever occurs first.) (This clause applies if contract
award was based on full and open competition.)
52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (DEC 1989) AND
and Alt I ALTERNATE I (APR 1984) (DEVIATION) (SEP 1995) (The language
"special tooling accountable to the contract is subject to
the provisions of the special tooling clause and not the
provisions of the Government Property (Fixed-Price
Contracts) clause" in paragraph 52.245-2(c) is waived for a
period of one year, ending 16 October 1996, or until the FAR
is changed, whichever occurs first.) (This clause applies if
contract award was not based on full and open competition.)
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND
COMMERCIAL COMPONENTS (OCT 1995)
157
<PAGE>
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.246-23 LIMITATION OF LIABILITY (APR 1984)
52.246-24 LIMITATION OF LIABILITY--HIGH VALUE ITEMS (APR 1984)
52.246-25 LIMITATION OF LIABILITY--SERVICES (APR 1984)
52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (APR 1984)
52.248-1 VALUE ENGINEERING (MAR 1989) (Applies if this contract equals or
exceeds $100,000.)
52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(SHORT FORM) (APR 1984) (Applies if this contract is $100,000 or
less.)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(SEP 1996) (Applies if this contract exceeds $100,000.)
52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
158
<PAGE>
II. DEFENSE FAR SUPPLEMENT (48 CFR CHAPTER 2) CLAUSES:
DFARS SOURCE TITLE AND DATE
- ------------ --------------
252.203-7000 STATUTORY PROHIBITIONS ON COMPENSATION TO FORMER
DEPARTMENT OF DEFENSE EMPLOYEES (NOV 1995)(Applies if this
contract exceeds $100,000.)
252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (NOV 1995)
252.203-7002 DISPLAY OF DOD HOTLINE POSTER (DEC 1991)
(Applies if this contract exceeds $5,000,000.)
252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT
(APR 1992)
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT
HOLDERS (DEC 1991) (Applies if this contract exceeds
$500,000.)
252.209-7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE
INSPECTION UNDER THE INTERMEDIATE-
RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995)
252.209-7004 REPORTING OF COMMERCIAL TRANSACTIONS WITH THE
GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994)
252.211-7000 ACQUISITION STREAMLINING (DEC 1991)
252.215-7000 PRICING ADJUSTMENTS (DEC 1991)
252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 1991)
252.219-7003 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING PLAN (DoD CONTRACTS) (APR 1996)
252-222-7001 RIGHT OF FIRST REFUSAL OF EMPLOYMENT-CLOSURE OF MILITARY
INSTALLATIONS (APR 1993)
252-223-7004 DRUG-FREE WORK FORCE (SEP 1988)
159
<PAGE>
DFARS SOURCE TITLE AND DATE
- ------------ --------------
252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JAN 1994)
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 1991)
252.225-7009 DUTY-FREE ENTRY-QUALIFYING COUNTRY END PRODUCTS AND SUPPLIES
(DEC 1991)
252.225-7010 DUTY-FREE ENTRY-ADDITIONAL PROVISIONS (DEC 1991)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (NOV 1995)
252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS (NOV 1995,) AND
and Alt I ALTERNATE I (DEC 1991)
252.225-7015 PREFERENCE FOR DOMESTIC HAND OR MEASURING TOOLS (DEC 1991)
252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (SEP
1996)
252.225-7017 PREFERENCE FOR UNITED STATES AND CANADIAN VALVES AND MACHINE
TOOLS (APR 1995)
252.225-7022 RESTRICTION ON ACQUISITION OF POLYACRYLONITRILE (PAN) BASED
CARBON FIBER (DEC 1991)
252.225-7025 FOREIGN SOURCE RESTRICTIONS (SEP 1996)
252.225-7026 REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES
(NOV 1995) (Applies if this contract exceeds $500,000 or is
modified to exceed $500,000.)
252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OR FOREIGN GOVERNMENTS
(DEC 1991)
252.225-7029 PREFERENCE FOR UNITED STATES OR CANADIAN AIR CIRCUIT
BREAKERS (APR 1995)
252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)
252.225-7034 RESTRICTION ON ACQUISITION OF COAL PETROLEUM PITCH CARBON
FIBER (MAY 1994)
160
<PAGE>
DFARS SOURCE TITLE AND DATE
- ------------ --------------
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (NOV 1995)
252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL
COMPUTER SOFTWARE DOCUMENTATION (JUN 1995)
252.227-7015 TECHNICAL DATA - COMMERCIAL ITEMS (N0V 1995)
252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995)
252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (JUN
1995)
252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED
INFORMATION MARKED WITH RESTRICTIVE LEGENDS (JUN 1995)
252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA AND COMPUTER SOFTWARE
(APR 1988)
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (OCT 1988)
252.227-7036 CERTIFICATION OF TECHNICAL DATA CONFORMITY (MAY 1987)
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (NOV
1995)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7004 DOD PROGRESS PAYMENTS RATES (FEB 1996)
252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF
FRAUD (AUG 1992)
252.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR
RELIEF (MAY 1994)
252.242-7000 POSTAWARD CONFERENCE (DEC 1991)
252.242-7003 APPLICATION FOR U.S. GOVERNMENT SHIPPING
DOCUMENTATION/INSTRUCTIONS (DEC 1991)
161
<PAGE>
DFARS SOURCE TITLE AND DATE
- ------------ --------------
252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (SEP 1996)
(Applies if this contract provides progress payments, unless
it is set aside exclusively for a small disadvantaged
business concern.)
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
252.245-7001 REPORTS OF GOVERNMENT PROPERTY (MAY 1994)
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (DEC 1991)
252.246-7001 WARRANTY OF DATA (EDC 1991)
& ALT II
252.249-7001 NOTIFICATION OF SUBSTANTIAL IMPACT ON EMPLOYMENT (DEC 1991)
(Applies if this contract equals or exceeds $5 million.)
252.249-7002 NOTIFICATION OF PROPOSED PROGRAM TERMINATION OR REDUCTION
(MAY 1995)
162
<PAGE>
SECTION I - CONTRACT CLAUSES
SECTION I-1 - CLAUSES INCORPORATED BY REFERENCE
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:
APPLICABLE TO ITEMS 0001, 0004, 0005, 0007, 0009, 0012 AND, IF THE OPTIONS ARE
EXERCISED, ITEMS 0002 AND 0003
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.202-1 DEFINITIONS (OCT 1995)
52.203-3 GRATUITIES (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995)
52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP
1990)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(JAN 1990) (Applies if this contract exceeds $100,000.)
52.203-13 PROCUREMENT INTEGRITY--SERVICE CONTRACTING (SEP 1990)
52.204-2 SECURITY REQUIREMENTS (AUG 1996)
52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996)
52.208-1 REQUIRED SOURCES FOR JEWEL BEARINGS AND RELATED ITEMS (APR 1984)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL
1995)
Cost-Reimbursement Supply - 21 October 1996
Updated through FAC 90-42 and DAC 91-11
163
<PAGE>
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.211-5 NEW MATERIAL (MAY 1995)
52.211-7 OTHER THAN NEW MATERIAL, RESIDUAL INVENTORY, AND FORMER
GOVERNMENT SURPLUS PROPERTY (MAY 1995)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (SEP 1990)
52.215-2 AUDIT AND RECORDS--NEGOTIATION (AUG 1996)
52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1995)
52.215-23 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS
(OCT 1995)
52.215-24 SUBCONTRACTOR COST OR PRICING DATA (OCT 1995)
52.215-25 SUBCONTRACTOR COST OR PRICING DATA--MODIFICA-TIONS (OCT 1995)
52.215-27 TERMINATION OF DEFINED BENEFIT PENSION PLANS (MAR 1996)
52.215-39 REVERSION OR ADJUSTMENT OF PLANS FOR POST-RETIREMENT BENEFITS
(PRB) OTHER THAN PENSIONS (MAR 1996)
52.215-40 NOTIFICATION OF OWNERSHIP CHANGES (FEB 1995)
52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED
BUSINESS CONCERNS (OCT 1995)
52.219-9 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING PLAN (AUG 1996)
52.219-9 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
and Alt II SUBCONTRACTING PLAN (AUG 1996) AND ALTERNATE II (AUG 1996)
164
<PAGE>
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (OCT 1995)
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1984)
52.222-3 CONVICT LABOR (AUG 1996)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME
COMPENSATION (JUL 1995)
52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1995) (Deviation 95-
00009 dated 15 Dec 1995 deletes the words "representation
and" from paragraph (a) of the APR 1984 clause.)
52.222-26 EQUAL OPPORTUNITY (APR 1984)
52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (APR
1984) (Applies if this contract is $1,000,000 or more.) (As
used in the foregoing clause, the term "Contracting Officer"
shall be deemed to mean the "Administrative Contracting
Officer (ACO)".)
52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA
VETERANS (APR 1984)
52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984)
52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS
OF THE VIETNAM ERA (JAN 1988)
52.223-2 CLEAN AIR AND WATER (APR 1984)
52.223-6 DRUG-FREE WORKPLACE (JUL 1990)
52.223-11 OZONE-DEPLETING SUBSTANCES (JUN 1996)
52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)
165
<PAGE>
FAR
SOURCE TITLE AND DATE
- ------ --------------
52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 1996)
52.225-10 DUTY-FREE ENTRY (APR 1984) (Applies if this contract exceeds
$100,000.)
52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (OCT 1996)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT
(AUG 1989)
52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC
ENTERPRISES (SEP 1996)
52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) AND ALTERNATE I (APR 1984)
and Alt I
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
(AUG 1996)
52.227-10 FILING OF PATENT APPLICATIONS--CLASSIFIED SUBJECT MATTER (APR
1984)
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR 1996)
52.229-8 TAXES-FOREIGN COST REIMBURSEMENT CONTRACTS (MAR 1990)
52.230-2 COST ACCOUNTING STANDARDS (APR 1996)
52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR
1996)
52.230-65 ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 1996)
52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
52.232-17 INTEREST (JUN 1996)
52.232-20 LIMITATION OF COST (APR 1984) (Applies if this contract contains
fully funded line items.)
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FAR
SOURCE TITLE AND DATE
- ------ --------------
52.232-22 LIMITATION OF FUNDS (APR 1984) (Applies if this contract contains
incrementally funded line items.)
52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) AND ALTERNATE I (APR 1984)
and Alt I
52.232-25 PROMPT PAYMENT (MAR 1994)
52.232-33 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG
1996)
52.233.1 DISPUTES (OCT 1995) AND ALTERNATE I (DEC 1991)
and Alt I
52.233-3 PROTEST AFTER AWARD (AUG 1996) AND ALTERNATE I (JUN 1985)
and Alt I
52.231-1 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE
III (FEB 1995)
52.237-3 CONTINUITY OF SERVICES (JAN 1991)
52.237-8 RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS (OCT 1995)
52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)
52.242-3 PENALTIES FOR UNALLOWABLE COSTS (OCT 1995)
(Applies if this contract exceeds $500,000.)
52.242-10 F.O.B. ORIGIN--GOVERNMENT BILLS OF LADING OR PREPAID POSTAGE (APR
1984)
52.242-11 F.O.B. ORIGIN--GOVERNMENT BILLS OF LADING OR INDICIA MAIL (FEB
1993)
52.242-12 REPORT OF SHIPMENT (REPSHIP) (JUL 1995)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-2 CHANGES--COST-REIMBURSEMENT (AUG 1987) AND ALTERNATE II (APR
and Alt II 1984)
52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)
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FAR
SOURCE TITLE AND DATE
- ------ --------------
52.244-5 COMPETITION IN SUBCONTRACTING (JAN 1996)
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL
COMPONENTS (OCT 1995)
52.245-5 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME-AND-
MATERIAL, OR LABOR-HOUR CONTRACTS) (JAN 1986)
52.246-23 LIMITATION OF LIABILITY (APR 1984)
52.246-24 LIMITATION OF LIABILITY-HIGH VALUE ITEMS (APR 1984)
52.246-25 LIMITATION OF LIABILITY--SERVICES (APR 1984)
52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (APR 1984)
52.248-1 VALUE ENGINEERING (MAR 1989) (Applies if this contract equals or
exceeds ($100,000.)
52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 1986)
52.249-14 EXCUSABLE DELAYS (APR 1984)
52.251-1 GOVERNMENT SUPPLY SOURCES (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
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II. DEFENSE FAR SUPPLEMENT (48 CFR CHAPTER 2) CLAUSES:
DFARS SOURCE TITLE AND DATE
- ------------ --------------
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) (Applies if this
contract requires a Contracting Officer's Representative (COR).)
252.203-7000 STATUTORY PROHIBITIONS ON COMPENSATION TO FORMER DEPARTMENT OF
DEFENSE EMPLOYEES (NOV 1995) (Applies if this contract exceeds
$100,000.)
252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (NOV 1995)
252.203-7002 DISPLAY OF DOD HOTLINE POSTER (DEC 1991) (Applies if this
contract exceeds $5,000,000.)
252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC
1991) (Applies if this contract exceeds $500,000.)
252.209-7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION
UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV
1995)
252.209-7004 REPORTING OF COMMERCIAL TRANSACTIONS WITH THE GOVERNMENT OF
A TERRORIST COUNTRY (SEP 1994)
252.211-7000 ACQUISITION STREAMLINING (DEC 1991)
252.215-7000 PRICING ADJUSTMENTS (DEC 1991)
252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 1991)
252.219-7003 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING PLAN (DoD CONTRACTS) (APR 1996)
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DFARS SOURCE TITLE AND DATE
- ------------ --------------
252.222-7001 RIGHT OF FIRST REFUSAL OF EMPLOYMENT--CLOSURE OF MILITARY
INSTALLATIONS (APR 1993)
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
252.221-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JAN 1994)
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 1991)
252.225-7009 DUTY-FREE ENTRY--QUALIFYING COUNTRY END PRODUCTS *AND SUPPLIES
(DEC 1991)
252.225-7010 DUTY-FREE ENTRY-ADDITIONAL PROVISIONS (DEC 1991)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (NOV 1995)
252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS (NOV 1995) AND ALTERNATE
and Alt I I (DEC 1991)
252.225-7015 PREFERENCE FOR DOMESTIC HAND OR MEASURING TOOLS (DEC 1991)
252.225-7016 RESTRICTIONS ON ACQUISITION OF BALL AND ROLLER BEARINGS (SEP
1996)
252.225-7017 PREFERENCE FOR UNITED STATES AND CANADIAN VALVES AND MACHINE
TOOLS (APR 1995)
252.225-7019 RESTRICTION ON ACQUISITION OF FOREIGN ANCHOR AND MOORING CHAIN
(DEC 1991)
252.225-7022 RESTRICTION ON ACQUISITION OF POLYACRYLONITRILE (PAN) BASED
CARBON FIBER (DEC 1991)
252.225-7025 FOREIGN SOURCE RESTRICTIONS (SEP 1996)
252.225-7026 REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (NOV
1995) (Applies if this contract exceeds $500,000 or is modified
to exceed $500,000.)
252.225-7028 EXCLUSION POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS (DEC
1991)
252.225-7029 PREFERENCE FOR UNITED STATES OR CANADIAN AIR CIRCUIT BREAKERS
(APR 1995)
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DFARS SOURCE TITLE AND DATE
- ------------ --------------
252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)
252.225-7034 RESTRICTION ON ACQUISITION OF COAL PETROLEUM PITCH CARBON FIBER
(MAY 1994)
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (NOV 1995)
252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL
COMPUTER SOFTWARE DOCUMENTATION (JUN 1995)
252.227-7015 TECHNICAL DATA - COMMERCIAL ITEMS (NOV 1995)
252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995)
252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (JUN 1995)
252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED
INFORMATION MARKED WITH RESTRICTIVE LEGENDS (JUN 1995)
252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA AND COMPUTER SOFTWARE (APR
1988)
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (OCT 1988)
252.227-7036 CERTIFICATION OF TECHNICAL DATA CONFORMITY (MAY 1987)
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (NOV 1995)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF
FRAUD (AUG 1992)
252.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF
(MAY 1994)
252.242-7000 POSTAWARD CONFERENCE (DEC 1991)
252.242-7003 APPLICATION FOR U.S. GOVERNMENT SHIPPING
DOCUMENTATION/INSTRUCTIONS (DEC 1991)
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DFARS SOURCE TITLE AND DATE
- ------------ --------------
252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (SEP 1996) (Applies if
this contract exceeds $25,000, unless it is set aside exclusively
for a small business or small disadvantaged business concern.)
252.245-7001 REPORTS OF GOVERNMENT PROPERTY (MAY 1994)
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (DEC 1991)
252.246-7001 WARRANTY OF DATA (DEC 1991)
252.249-7001 NOTIFICATION OF SUBSTANTIAL IMPACT ON EMPLOYMENT (DEC 1991)
(Applies if this contract equals or exceeds $5 million.)
252.249-7002 NOTIFICATION OF PROPOSED PROGRAM TERMINATION OR REDUCTION
(MAY 1995)
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SECTION 1.2. CLAUSES INCORPORATED IN FULL TEXT
FAR 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION
(SEP 1995)
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
-----------
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth in
paragraph (c) of this clause when requested by the Contracting Officer in
connection with the execution of any modification of this contract.
(c) Certification. As required in paragraph (b) of this clause, the officer or
-------------
employee responsible for the modification proposal shall execute the following
certification. The certification in paragraph (c)(2) of this clause is not
required for a modification which procures commercial items.
CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (NOV 1990)
- -------------------------------------------------------------
(1) I, __________ (Name of certifier), am the officer or employee
responsible for the preparation of this modification proposal and hereby certify
that, to the best of my knowledge and belief, with the exception of any
information described in this certification, I have no information concerning a
violation or possible violation of subsection 27(a), (b), (d), or (f) of the
Office of Federal Procurement Policy Act, as amended* (41 U.S.C. 423).
(hereinafter referred to as "the Act"), as implemented in the FAR, occurring
during the conduct of this procurement ___________ (Contract and modification
number).
(2) As required by subsection 27(e)(1)(B) of the Act, I further
certify that to the best of my knowledge and belief, each officer, employee,
agent, representative, and consultant of _____________ (Name of Offeror) who has
participated personally and substantially in the preparation or submission of
this proposal has certified that he or she is familiar with, and will comply
with, the requirements of subsection 27(a) of the Act, as implemented in the
FAR, and will report immediately to me any information concerning a violation or
possible violation of subsections 27(a), (b), (d), or (f) of the Act, as
implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations: (Continue on plain bond paper
if necessary and label Certificate of Procurement Integrity--Modification
(Continuation Sheet), ENTER "NONE" IF NONE EXISTS)
(Signature of the officer or employee responsible for the modification proposal
and date)
(Typed name of the officer or employee responsible for the modification
proposal)
*Subsection 27(a), (b), and (d) are effective on December 1, 1990. Subsection
27(f) is effective on June 1, 1991.
THIS CERTIFICATE CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE
UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION
MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE,
SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate, the officer
or employee of the competing Contractor responsible for the offer or bid, may
rely upon a one-time certification from each individual
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<PAGE>
required to submit a certification to the competing Contractor, supplemented by
periodic training. These certifications shall be obtained at the earliest
possible date after an individual required to certify begins employment or
association with the contractor. If a Contractor decides to rely on a
certification executed prior to the suspension of section 27 (i.e., prior to
December 1, 1989), the Contractor shall ensure that an individual who has so
certified is notified that section 27 has been reinstated. These certifications
shall be maintained by the Contractor for a period of 6 years from the date a
certifying employee's employment with the company ends or, for an agency,
representative, or consultant, 6 years from the date such individual ceases to
act on behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is a material
representation of fact upon which reliance will be placed in executing this
modification.
FAR 52.216-7 ALLOWABLE COST AND PAYMENT (AUG 1996)
(a) Invoicing. The Government shall make payments to the Contractor when
requested as work progresses, but (except for small business concerns) not more
than once every 2 weeks, in amounts determined to be allowable by the
Contracting Officer in accordance with Subpart 31.2 of the Federal Acquisition
Regulation (FAR) in effect on the date of this contract and the terms of this
contract. The Contractor may submit to an authorized representative of the
Contracting Officer, in such form and reasonable detail as the representative
may require, an invoice or voucher supported by a statement of the claimed
allowable cost for performing this contract.
(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs
(except as provided in subparagraph (2) below, with respect to pension, deferred
profit sharing, and employee stock ownership plan contributions), the term
"costs" includes only-
(i) Those recorded costs that, at the time of request for reimbursement,
the Contractor has paid by cash, check, or other form of actual payment for
items or services purchased directly for the contract.
(ii) When the Contractor is not delinquent in paying costs of contractor
performance in the ordinary course of business, costs incurred, but not
necessarily paid, for-
(A) Materials issued from the Contractor's inventory and placed in
the production process for use on the contract;
(B) Direct labor;
(C) Direct travel;
(D) Other direct in-house costs; and
(E) Properly allocable and allowable indirect costs, as shown in the
records maintained by the Contractor for purposes of obtaining reimbursement
under Government contracts; and
(iii) The amount of progress payments that have been paid to the
Contractor's subcontractors under similar cost standards.
(2) Contractor contributions to any pension or other postretirement
benefit, profit-sharing or employee stock ownership plan funds that are paid
quarterly or more often may be included in indirect costs for payment purposes,
provided that the Contractor pays the contribution to the fund within 30 days
after the close of the period covered. Payments made 30 days or more after the
close of a period shall not be
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included until the Contractor actually makes the payment. Accrued costs for such
contributions that are paid less often than quarterly shall be excluded from
indirect costs for payment purposes until the Contractor actually makes the
payment.
(3) Notwithstanding the audit and adjustment of invoices or vouchers under
paragraph (g) below, allowable indirect costs under this contract shall be
obtained by applying indirect cost rates established in accordance with
paragraph (d) below.
(4) Any statements in specifications or other documents incorporated in
this contract by reference designating performance of services or furnishing of
materials at the Contractor's expense or at no cost to the Government shall be
disregarded for purposes of cost-reimbursement under this clause.
(c) Small business concerns. A small business concern may be paid more often
than every 2 weeks and may invoice and be paid for recorded costs for items or
services purchased directly for the contract, even though the concern has not
yet paid for those items or services.
(d) Final indirect cost rates. (1) Final annual indirect cost rates and the
appropriate bases shall be established in accordance with Subpart 42.7 of the
Federal Acquisition Regulation (FAR) in effect for the period covered by the
indirect cost rate proposal.
(2) The Contractor shall, within 90 days after the expiration of each of
its fiscal years, or by a later date approved by the Contracting Officer, submit
to the cognizant Contracting Officer responsible for negotiating its final
indirect cost rates and, if required by agency procedures, to the cognizant
audit activity proposed final indirect cost rates for that period and supporting
cost data specifying the contract and/or subcontract to which the rates apply.
The proposed rates shall be based on the Contractor's actual cost experience for
that period. The appropriate Government representative and Contractor shall
establish the final indirect cost rates as promptly as practical after receipt
of the Contractor's proposal.
(3) The Contractor and the appropriate Government representative shall
execute a written understanding setting forth the final indirect cost rates. The
understanding shall specify (i) the agreed-upon final annual indirect cost
rates, (ii) the bases to which the rates apply, (iii) the periods for which the
rates apply, (iv) any specific indirect cost items treated as direct cost in the
settlement, and (v) the affected contract and/or subcontract, identifying any
with advance agreements or special terms and the applicable rates. The
understanding shall not change any monetary ceiling, contract obligations, or
specific cost allowance or disallowance provided for in this contract. The
understanding is incorporated into this contract upon execution.
(4) Within 120 days after settlement of the final indirect cost rates
covering the year in which this contract is physically complete, the Contractor
shall submit a completion invoice or voucher to reflect the settled amounts and
rates.
(5) Failure by the parties to agree on a final annual indirect cost rate
shall be a dispute within the meaning of the Disputes clause.
(e) Billing rates. Until final annual indirect cost rates are established for
any period, the Government shall reimburse the Contractor at billing rates
established by the Contracting Officer or by an authorized representative (the
cognizant auditor), subject to adjustment when the final rates are established.
These billing rates-
(1) Shall be the anticipated final rates, and
(2) May be prospectively or retroactively revised by mutual agreement, at
either party's request, to prevent substantial overpayment or underpayment.
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(f) Quick-closeout procedures. Quick-closeout procedures are applicable when
the conditions in FAR 42.708(a) are satisfied.
(g) Audit. At any time or times before final payment, the Contracting Officer
may have the Contractor's invoices or vouchers and statements of cost audited.
Any payment may be (1) reduced by amounts found by the Contracting Officer not
to constitute allowable costs or (2) adjusted for prior overpayments or
underpayments.
(h) Final payment. (1) Upon approval of a completion invoice or voucher
submitted by the Contractor in accordance with (d)(4), and upon the Contractor's
compliance with all terms of this contract, the Government shall promptly pay
any balance of allowable costs and that part of the fee (if any) not previously
paid.
(2) The Contractor shall pay to the Government any refunds, rebates,
credits, or other amounts (including interest, if any) accruing to or received
by the Contractor or any assignee under this contract, to the extent that those
amounts are properly allocable to cost for which the Contractor has been
reimbursed by the Government. Reasonable expenses incurred by the Contractor for
securing refunds, rebates, credits, or other amounts shall be allowable costs if
approved by the Contracting Officer. Before final payment under this contract,
the Contractor and each assignee whose assignment is in effect at the time of
final payment shall execute and deliver-
(i) An assignment to the Government, in form and substance satisfactory to
the Contracting Officer, of refunds, rebates, credits, or other amounts
(including interest, if any) properly allocable to costs for which the
Contractor has been reimbursed by the Government under this contract, and
(ii) A release discharging the Government, its officers, agents, and
employees from all liabilities, obligations, and claims arising out of or under
this contract, except-
(A) Specified claims stated in exact amounts, or in estimated amounts when
the exact amounts are not known;
(B) Claims (including reasonable incidental expenses) based upon
liabilities of the Contractor to third parties arising out of the performance of
this contract; provided, that the claims are not known to the Contractor on the
date of the execution of the release, and that the Contractor gives notice of
the claims in writing to the Contracting Officer within 6 years following the
release date or notice of final payment date, whichever is earlier, and
(C) Claims for reimbursement of costs, including reasonable incidental
expenses, incurred by the Contractor under the patent clauses of this contract,
excluding, however, any expenses arising from the Contractor's indemnification
of the Government against patent liability.
FAR 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
(a) The use of overtime is authorized under this contract if the overtime
premium cost does not exceed __________ dollars or the overtime premium is paid
for work-
(1) Necessary to cope with emergencies such as those resulting from
accidents, natural disasters, breakdowns of production equipment, or occasional
production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties
in connection with administration, protection, transportation, maintenance,
standby plant protection, operation of utilities, or accounting;
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(3) To perform tests, industrial processes, laboratory procedures, loading
or unloading of transportation conveyances, and operations in flight or afloat
that are continuous in nature and cannot reasonably be interrupted or completed
otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount
specified above shall include all estimated overtime for contract completion and
shall-
(1) Identify the work unit; e.g., department or section in which the
requested overtime will be used, together with present workload, staffing, and
other data of the affected unit sufficient to permit the Contracting Officer to
evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the
contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the
performance or payments in connection with other Government contracts, together
with identification of each effected contract; and
(4) Provide reasons why the required work cannot be performed by using
multishift operations or by employing additional personnel.
FAR 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND LETTER CONTRACTS) (MAR 1996)
AND ALTERNATE (AUG 1996)
(a) "Subcontract," as used in this clause, includes but is not limited to
purchase orders, and changes and modifications to purchase orders. The
Contractor shall notify the Contracting Officer reasonably in advance of
entering into any Subcontract if-
(1) The proposed subcontract is of the cost-reimbursement, time-and-
materials, or labor-hour type;
(2) The proposed subcontract is fixed-price and exceeds the greater of (i)
the simplified acquisition threshold, or (ii) 5 percent of the total estimated
cost of this contract;
(3) The proposed subcontract has experimental, developmental, or research
work as one of its purposes;
(4) This contract is not a facilities contract and the proposed
subcontract provides for the fabrication, purchase, rental, installation, or
other acquisition of special test equipment valued in excess of $25,000 or of
any items of facilities.
(b)(1) In the case of a proposed subcontract that (i) is of the
cost-reimbursement, time-and-materials, or labor-hour type and is estimated to
exceed $25,000, including any fee, (ii) is proposed to exceed $100,000, or (iii)
is one of a number of subcontracts with a single subcontractor, under this
contract, for the same or related supplies or services that, in the aggregate,
are expected to exceed $100,000, the advance notification required by paragraph
(a) above shall include the information specified in subparagraph (2) below.
(2)(i) A description of the supplies or service to be subcontracted;
(ii) Identification of the type of subcontract to be used;
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(iii) Identification of the proposed subcontractor and an explanation of
why and how the proposed subcontractor was selected, including the competition
obtained;
(iv) The proposed subcontractor price and the Contractor's cost or price
analysis;
(v) The subcontractor's current, complete, and accurate cost or pricing
data and Certificate of Current Cost or Pricing Data, if required by other
contract provisions;
(vi) The subcontractor's Disclosure Statement or Certificate relating to
Cost Accounting Standards when such data are required by other provisions of
this contract; and
(vii) A negotiation memorandum reflecting-
(A) The principal elements of the subcontract price negotiations;
(B) The most significant considerations controlling establishment of
initial or revised prices;
(C) The reason cost or pricing data were or were not required;
(D) The extent, if any, to which the Contractor did not rely on the
subcontractor's cost or pricing data in determining the price objective and in
negotiating the final price;
(E) The extent, if any, to which it was recognized in the negotiation
that the subcontractor's cost or pricing data were not accurate, complete, or
current; the action taken by the Contractor and subcontractor; and the effect of
any such defective data on the total price negotiated;
(F) The reasons for any significant difference between the
Contractor's price objective and the price negotiated; and
(G) A complete explanation of the incentive fee or profit plan when
incentives are used. The explanation shall identify each critical performance
element, management decisions used to quantify each incentive element, reasons
for the incentives, and summary of all trade-off possibilities considered.
(c) The Contractor shall obtain the Contracting Officer's written consent
before placing any subcontract for which advance notification is required under
paragraph (a) above. However, the Contracting Officer may ratify in writing any
such subcontract. Ratification shall constitute the consent of the Contracting
Officer.
(d) If the Contractor has an approved purchasing system and the subcontract is
within the scope of such approval, the Contractor may enter into the
subcontracts described in subparagraphs (a)(1) and (a)(2) of this clause without
the consent of the Contracting Officer.
(e) Even if the Contractor's purchasing system has been approved, the
Contractor shall obtain the Contracting Officer's written consent before placing
subcontracts identified below:
(f) Unless the consent or approval specifically provides otherwise, neither
consent by the Contracting Officer to any subcontract nor approval of the
Contractor's purchasing system shall constitute a determination (1) of the
acceptability of any subcontract terms or conditions, (2) of the acceptability
of any subcontract price or of any amount paid under any subcontract, or (3) to
relieve the Contractor of any responsibility for performing this contract.
(g) No subcontract placed under this contract shall provide for payment on a
cost-plus-a-percentage-of-cost basis, and any fee payable under
cost-reimbursement subcontracts shall not exceed the fee limitations in
subsection 15.903(d) of the Federal Acquisition Regulation (FAR).
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(h) The Contractor shall give the Contracting Officer immediate written notice
of any action or suit filed and prompt notice of any claim made against the
Contractor by any subcontractor or vendor that, in the opinion of the
Contractor, may result in litigation related in any way to this contract, with
respect to which the Government may be entitled to reimbursement from the
Government.
(i)(1) The Contractor shall insert in each price redetermination or incentive
price revision subcontract under this contract the substance of the paragraph
"Quarterly limitation on payments statement" of the clause at 52.216-5, Price
Redetermination--Prospective, 52.216-6, Price Redetermination--Retroactive,
52.216-16 Incentive Price Revision--Firm Target, or 52.216-17, Incentive Price
Revision-Successive Targets, as appropriate, modified in accordance with the
paragraph entitled "Subcontracts" of that clause.
(2) Additionally, the Contractor shall include in each cost-reimbursement
subcontract under this contract a requirement that the subcontractor insert the
substance of the appropriate modified subparagraph referred to in subparagraph
(1) above in each lower tier price redetermination or incentive price revision
subcontract under that subcontract.
(j) To facilitate small business participation in subcontracting, the Contractor
agrees to provide progress payments on subcontracts under this contract that are
fixed-price subcontracts with small business concerns in conformity with the
standards for customary progress payments stated in FAR 32.502-1 and 32.504(f),
as in effect on the date of this contract. The Contractor further agrees that
the need for such progress payments will not be considered a handicap or adverse
factor in the award of subcontracts.
(k) The Government reserves the right to review the Contractor's purchasing
system as set forth in FAR Subpart 44.3.
179
<PAGE>
FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (FT) (APR 1984)
(DEVIATION 89-915-29 JUN 1989)
Modify the clause as follows:
(a) Wherever the word `supplies' is used, it shall include `vessels'.
(b) At the end of paragraph (b), add the following:
`In addition to its other remedies, the Government may, with respect
to work terminated as permitted in this clause, proceed with the
completion of the vessels and supplies at such plant or plants,
including that of the Contractor, as may be designated by the
Contracting Officer. If the vessels are to be completed at the
Contractor's plant, the Government may use all tools, machinery,
facilities and equipment of the Contractor determined by the
Contracting Officer to be necessary for that purpose. If the cost to
the Government of the vessels and supplies therefor so procured or
completed (after adjusting such cost to exclude the effect of changes
in the plans and specifications made subsequent to the date of
termination) exceeds the price fixed for such vessels and supplies
under this contract (after adjusting such price on account of changes
in the plans and specifications made prior to the date of termination)
the Contractor, or its surety, if any, shall be liable for such
excess.'
(c) In the first sentence of paragraph (c), after the word `costs', insert the
phrase `or other damages'.
(d) In the first sentence of paragraph (d), after the word `title', insert the
phrase `(insofar as not previously transferred)'."
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, with the same
force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available.
FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition
Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated
by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense FAR Supplement (48
CFR Chapter 2) clause with an authorized deviation is indicated by the addition
of "(DEVIATION)" after the name of the regulation.
180
<PAGE>
DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995)
(a) Definitions. As used in this clause--
(1) "Components" means articles, materials, and supplies incorporated
directly into end products at any level of manufacture, fabrication or assembly
by the Contractor or any subcontractor.
(2) "Department of Defense" (DoD) means the Army, Navy, Air Force,
Marine Corps, and defense agencies.
(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag
vessel.
(4) "Ocean transportation" means any transportation aboard a ship,
vessel, boat barge, or ferry through international waters.
(5) "Subcontractor" means a supplier, materialman, distributor, or
vendor at any level below the prime contractor whose contractual obligation to
perform results from, or is conditioned upon, award of the price contract and
who is performing any part of the work or other requirement of the prime
contract. However, effective May 1, 1996, the term does not include a supplier,
materialman, distributor, or vendor of commercial items or commercial
components.
(6) "Supplies" means all property, except land and interests in land,
that is clearly identifiable for eventual use by or owned by the DoD at the time
of transportation by sea.
(i) An item is clearly identifiable or eventual use by the
DoD if, for example, the contract documentation contains a reference to a DoD
contract number or a military destination.
(ii) "Supplies" include (but is not limited to) public
works, buildings and facilities; ships; floating equipment and vessels of every
character, type, and description, with parts, subassemblies, accessories, and
equipment; machine tools, material; equipment; stores of all kinds; end items;
construction materials; and the components of the foregoing.
(7) "U.S.-flag vessel" means a vessel of the United States or
belonging to the United States, including any vessel registered or having
national status under the laws of the United States.
(b) The Contractor shall employ U.S.-flag vessels in the transportation by sea
of any supplies to be furnished in the performance of this contract. The
Contractor and its subcontractors may request that the Contracting Officer
authorize shipment in foreign-flag vessels, or designate available U.S.-flag
vessels, if the Contractor or a subcontractor believes that--
181
<PAGE>
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for
transportation of like goods.
(c) The Contractor must submit any request for use of other than U.S.-flag
vessels in writing to the Contracting Officer at least 45 days prior to the
sailing date necessary to meet its delivery schedule. The Contracting Officer
will process requests submitted after such date(s) as expeditiously as
possible, but the Contracting Officer's failure to grant approvals to meet the
shipper's sailing date will not of itself constitute a compensable delay under
this or any other clause of this contract. Requests shall contain a minimum--
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number, and
(7) A documented description of efforts made to secure U.S.-flag vessels,
including points of contact (with names and telephone numbers) with at least two
(2) U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and
facsimile messages or letters will be sufficient for this purpose.
(d) The Contractor shall, within thirty (30) days after shipment covered by this
clause, provide the Contracting Officer and the Division of National Cargo,
Office of Market Development, Maritime Administration, U.S. Department of
Transportation, Washington, DC 20590, one copy of the rated on board vessel
operating carrier's ocean bill of lading, which shall contain the following
information--
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of the steamship company.
(e) The Contractor agrees to provide with its final invoice under this contract
a representation that to the best of its knowledge and belief--
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<PAGE>
(1) No ocean transportation was used in the performance of this
contract;
(2) Ocean transportation was used and only U.S.-flag vessels were
used for all ocean shipments under this contract;
(3) Ocean transportation was used, and the Contractor had the written
consent of the Contracting Officer for all non-U.S.-flag ocean transportation;
or
(4) Ocean transportation was used and some or all of the shipments
were made on non-U.S.-flag vessels without the written consent of the
Contracting Officer. The Contractor shall describe these shipments in the
following form:
ITEM CONTRACT
DESCRIPTION LINE ITEMS QUANTITY
Total
(f) If the final invoice does not include the required representation, the
Government will reject and return it to the Contractor as an improper invoice
for the purposes of the Prompt Payment clause of this contract. In the event
there has been unauthorized use of non-U.S.-flag vessels in the performance of
this contract, the Contracting Officer is entitled to equitably adjust the
contract, based on the unauthorized use.
(g) The Contractor shall include this clause, including this paragraph (g), in
all subcontracts under this contract, which exceed the small purchase limitation
of section 13.000 of the Federal Acquisition Regulation.
DFARS 252.247-7204 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995)
(a) The Contractor has indicated by the response to the solicitation provision,
Representation of Extent of Transportation by Sea, that it did not anticipate
transporting by sea any supplies. If, however, after the award of this contract,
the Contractor learns that supplies, as defined in the Transportation of
Supplies by Sea clause of this contract, will be transported by sea, the
Contractor--
(1) Shall notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of the
Transportation of Supplies by Sea clause of this contract.
(b) The Contractor shall include this clause, including this paragraph (b),
revised as necessary to reflect the relationship of the contracting parties, in
all subcontracts hereunder, except (effective May 1, 1996) subcontracts for the
acquisition of commercial items or components.
NAPS 5252.243-9001 REQUIREMENTS FOR ADEQUATE SUPPORTING DATA AND CERTIFICATION
OF ANY CLAIM, REQUEST FOR EQUITABLE ADJUSTMENT, OR DEMAND FOR PAYMENT (JUN 1996)
(a) This contract is subject to 10 U.S.C. 2405; therefore, no price adjustment
will be made under this contract for an amount set forth in a claim, request for
equitable adjustment, or demand for payment (or incurred due to the preparation,
submission, or adjudication of any such claim, request, or demand) arising out
of events occurring more than six years before the submission of the claim,
request, or demand.
(b) A claim, request for equitable adjustment, or demand for payment is
considered to be submitted on the date the contractor's submission is received
by the contracting officer accompanied by adequate supporting data for the
claim, request or demand, and the certification required by Section 6(c)(1) of
the Contract Disputes Act, if the claim, request or demand is over $50,000.
183
<PAGE>
(c) Adequate supporting data includes data which is adequate to apprise the
contracting officer of the underlying facts and the theory upon which the
contractor relies in support of its entitlement to a price adjustment. Adequate
supporting data is that data which fulfills these purposes in accordance with
the requirements of the Contract Disputes Act. A submission containing the
following information will be deemed to have been submitted with adequate
supporting data:
(1) A narrative statement of the nature of the event(s), the time when the
event(s) occurred (including the factual basis supporting the contractor's
designation of the time the event(s) occurred), and the casual relationship
between the event(s) and the impact on the cost of performance of the contract,
including a description of how the event(s) affected scheduled performance;
(2) A description of the relevant effort the contractor was required to
perform in the absence of the event(s);
(3) A description of the relevant effort the contractor was actually
required or will be required to perform;
(4) A description of components, equipment, and other property involved;
(5) A cost breakdown of the additional effort by element in accordance
with the contractor's normal procedures for pricing of changes;
(6) A description of all property which will no longer be needed by the
contractor;
(7) A description of any delay caused by the event(s);
(8) A description of any disruption caused by the event(s).
(d) Certification of the claim, request for equitable adjustment, or demand for
payment is required if the requested price adjustment is over $50,000. The
certification requirements are those set forth in the CDA and implementing
regulations.
(e) For the purpose of this clause, the following terms have the meanings set
forth below.
(1) "Claim" means a written demand or written assertion by the contractor
seeking, as a matter of right, a price adjustment under the contract. The theory
upon which the contractor seeks the price adjustment does not determine whether
a particular matter is a claim. The term includes a submission asserting any
theory supporting a price adjustment, including but not limited to constructive
change, breach of contract or mistake, which, if valid, would result in
contractor entitlement to a price adjustment. A voucher, invoice or other
routine request for payment that is not in dispute when submitted is not a
claim. A claim does not include a request for equitable adjustment or demand for
payment, as defined below.
(2) "Demand for payment" means a written demand for payment, the granting
of which results in a price adjustment under the contract. A demand for payment
does not include a routine request for payment in accordance with the payment
terms of the contract.
(3) "Events" means the Government action(s), Government inaction(s),
Government conduct, or occurrence(s) which give rise to the contractor's claim,
request for equitable adjustment, or demand for payment. The term events does
not require the incurrence of costs and/or performance of additional work
resulting from the action(s), inaction(s), conduct or occurrence(s) except where
a contractor's commencement of the correction of defective GFI/GFP constitutes
the final occurrence. For the purpose of this subpart, the date of the final
Government action, Government inaction, Government conduct or occurrence is the
date on which the six year period commences.
184
<PAGE>
(4) "Know or should have known" includes the totality of the combined
actual and constructive knowledge of all agents or employees (including a
subcontractor, its agents and employees, where and to the extent a subcontractor
is involved).
(5) "Price adjustment" means an increase in the fixed price, target price,
ceiling price, or final price of a fixed price type contract, or an increase in
the fee structure of a cost reimbursement type contract, or monetary damages or
other payment resulting from a contractor claim, request for equitable
adjustment, or demand for payment. An adjustment to the sharing ratio or to any
other pricing formula, procedure or provision, which has the effect of
increasing the fixed price, target price, ceiling price, final price, or fee of
the contract, is a price adjustment. A schedule adjustment, whether requested as
part of a submission seeking a price adjustment or as the sole relief, or an
adjustment for any matter which, pursuant to the terms of the contract is
separate from or not included in the fixed price contract or the fee structure
of a cost reimbursement contract, is not a price adjustment. The bilateral
definitization of a maximum-price modification within the maximum price is not a
price adjustment. A routine invoice or other request for payment or
reimbursement in accordance with the terms of the contract, even if in dispute,
which, if paid, would not result in an increase in the price of the contract is
not a price adjustment. For the purpose of this subpart, relief granted pursuant
to a request for extraordinary contractual relief under Public Law 85-804 does
not constitute a price adjustment.
(6) "Request for equitable adjustment" means a written request for a price
adjustment under the contract.
185
<PAGE>
SECTION J - LIST OF ATTACHMENTS
This document consists of the following parts and the attachments described
below:
Disclosure of Lobbying SF LLL - 3 pages.
Request For Assignment of a Commercial and Government Entity (CAGE)
Code, DD Form 2051 - 2 pages.
Contract Security Classification Form, DD Form 254 pages.
J-0001: LPD 17 Ship Specifications, 9 October 19968 April 1996.
J-0002: Amphibious Transport Dock General Description Of Operational
Capability, 24 May 1996.
J-0003: Government Concept Of Operations In An Integrated Product Data
Environment (IPDE) For The LPD 17 Program, 8 April 1996.
J-0004: Contract Data Requirements List, DD Form 1423, Exhibit A, 9 October
1996.
J-0005: Schedule "A" Government Furnished Equipment for LPD 17, 9 October
1996.
J-0006: Schedule "C" Government Furnished Information for LPD 17, 9 October
1996.
J-0007: Not Used.
J-0008: Not Used.
J-0009: Book Plan for Integration Management Plan (IMP), 8 April 1996.
J-0010: Preliminary Ship Manning Document (PSMD), 8 April 1996.
J-0011: Draft Radio Communication System Management Plan, 8 April 1996.
J-0012: Not Used.
186
<PAGE>
J-0013: Operation Security Plan, 8 April 1996.
J-0014: Not Used.
J-0015: Not Used.
J-0016: Integrated Product Data Environment (IPDE) Integration Matrix, 9
October 1996.
J-0017: Not Used.
J-0018: List of Mission Essential Equipment For Maintenance Manhour Per
Operating Hour (MMH/OH) Initiative, 8 April 1996.
J-0019: Past Performance Information Form, 8 April 1996.
J-0020: Factors and Values for Developing Variable Loads, 8 April 1996.
J-0021: Affordability Through Commonality (ATC) Implementation Program, 8
April 1996.
J-0022: Life Cycle Cost Estimate, 8 April 1996.
J-0023: Test Documentation Booklet, 8 April 1996.
J-0024: Not Used.
J-0025: Current LPD 17 Program Office Automated Information System Capability,
8 April 1996.
J-0026: Contract Guidance Drawing List, 8 April 1996.
J-0027: Computer Aided Engineering Data List, 8 April 1996 (Preliminary).
J-0028: Affordability Through Commonality Sketches, 8 April 1996.
J-0029: LPD 17 Type Advanced Degaussing System Controller Interface
Requirements, V 1.0, 8 April 1996.
J-0030: Selected Medical and Dental Equipment, 8 April 1996.
J-0031: Associate Contractor Agreement Vendor List, 8 April 1996.
J-0032: Deleted.
187
<PAGE>
J-0033: Navy Shock Data Base (FOUO) (Provided separately)
J-0034: Weights For Government Furnished Equipment, 9 October 1996
J-0035: Deleted
J-0036: Deleted
J-0037: "Contract Security Classification Specification" DD254
J-0038: Substitute Ship Specifications to be used for Controllable
Pitch Propeller (CPP) Propulsion Train, 9 October 1996
188
AMENDMENT NUMBER FOUR
TO
AVONDALE INDUSTRIES, INC.
EMPLOYEE STOCK OWNERSHIP PLAN
WHEREAS, Avondale Industries, Inc., a corporation organized
and existing under the laws of the State of Louisiana, adopted
the Avondale Industries, Inc. Employee Stock Ownership Plan (the
"Plan") effective September 1, 1985, said Plan has been amended
from time to time, said Plan was amended and restated on December
28, 1994 effective January 1, 1989;
WHEREAS, Avondale Industries, Inc. reserved the right to
amend the Plan by resolution of the Board of Directors;
WHEREAS, it is desirable to amend the Plan as required or
allowed by the Family and Medical Leave Act of 1993, the
Uniformed Services Employment and Reemployment Rights Act of
1994, and the Small Business Job Protection Act of 1996; to
clarify the employees who are eligible to participate; to revise
the commencement of participation date; to change "Year of
Service" from an elapsed time method to an Hours of Service
method; and to make further clarifications:
NOW, THEREFORE, as authorized by Section 11.1, the Plan is
hereby amended, effective as of the date executed, unless stated
otherwise, as follows:
I.
The family aggregation rules under Code Sections 401(a)(17)
and 414(q)(6) are hereby deleted for all Plan Years beginning
after 1996. This applies to the last two sentences of the
second paragraph of Section 1.9, Compensation, and the sixth
paragraph of Section 1.19, Highly Compensated Employee. These
provisions continue to apply for Plan Years beginning prior to
January 1, 1997.
II.
Article I, Section 1.9, Compensation is amended, effective
October 13, 1994, to add the following paragraph at the end, to
read as follows:
The Compensation of a Returning Veteran
for a prior year in which a makeup
contribution is required under the Uniformed
Services Employment and Reemployment Rights
Act shall be (a) the pay the Returning
Veteran would have received if not in the
Uniformed Services (including wage increases
and bonuses) or (b) if it is not "reasonably
certain" what the pay rate during the
<PAGE>
Uniformed Services would have been, the
Returning Veteran's average earnings during
the twelve months (or shorter period, if
applicable) prior to the Service in the
Uniformed Services.
III.
Article I is amended to add the following Section 1.12A to
read in its entirety as follows:
1.12A An Eligible Employee shall mean
any Employee of a Participating Employer;
provided, however, that an Eligible Employee
shall not include: (a) any Employee who is
included in a unit of employees covered by a
negotiated collective bargaining agreement
which does not provide for his participation
in this Plan; (b) any Employee who is
providing services pursuant to an oral or
written contract or leasing arrangement with
an unrelated employer, including any Employee
who under a Participating Employer's standard
personnel practices, is deemed a
subcontractor or a leased employee; (c) any
Employee who is a Leased Employee; (d) any
Employee who, under a Participating
Employer's standard personnel practices, is
deemed an independent contractor (without
regard to such person's status for Federal
income tax purposes and without regard to any
subsequent determination that such person is
a common law employee) and (e) any Employee
who, under a Participating Employer's
standard personnel practices, is deemed a
contractor, jobber, or a consultant. All
determinations shall be made in the sole
discretion of the Participating Employer in a
uniform non-discriminatory manner.
IV.
Section 1.13, Employee, is amended and restated to read as
follows:
1.13 Employee shall mean any person who
is employed by a Participating Employer or
Non-Participating Employer as a common law
employee receiving remuneration subject to
withholding for purposes of the Federal
Insurance Contribution Act (except that
Leased Employees as described in Section
414(n)(2) of the Code shall be considered
Employees solely for purposes of determining
whether the requirements of Section 414(n)(3)
of the Code are satisfied). A director of
the Company is not eligible for participation
in the Plan unless he is also an Employee.
<PAGE>
V.
Article I is amended to add Section 1.15A, effective with
respect to each Employee as of the first Employment Year
beginning on or after January 1, 1997, to read as follows:
1.15A Employment Year shall mean the
twelve consecutive month period of employment
commencing on the date the Employee performs
his first Hour of Service for the Employer
and each anniversary thereof.
VI.
Article I, Section 1.16, Entry Date, is amended and
restated to read as follows:
1.16 Entry Date shall mean January 1 or
July 1 for anyone whose first Employment Year
begins on or after January 1, 1997. An
Employee hired before this date will become a
Participant on the first day of the month
coincident with or next following the date on
which he meets the eligibility requirements
that were in effect at the time his
employment began.
VII.
Article I, Section 1.19, Highly Compensated Employee, is
amended , effective January 1, 1997, to add the following
paragraph at the end, to read as follows:
Highly Compensated Employee, as
determined for any Plan Year after the Plan
Year ending December 31, 1996, means any
Employee who (a) was a 5% owner (as defined
at Section 416(i)(1)(B)(i) of the Code) at
any time during the current year or the
previous year or (b) received Compensation in
excess of $80,000 (as adjusted after 1997
under Code Section 414(q)(1)) in the
preceding Plan Year and was one of the
highest-paid 20% of Employees.
VIII.
Article I, Section 1.20, Hour of Service, is amended to add
a new paragraph (d), effective October 13, 1994, to read as
follows:
(d) If an Employee is absent from his
or her employment with the Employer
for any period on account of
(i) Parental Absence, or (ii) any
period of leave recognized under
the Family and Medical Leave Act of
1993, such Employee shall be
credited with sufficient Hours of
<PAGE>
Service (not in excess of 501 in
any Plan Year) so that a Break in
Service does not occur in either
the Employment Year in which such
absence begins (if credit is
required to preclude a Break in
Service in such year) or in the
immediately following Employment
Year (if no credit was awarded in
the preceding year). If a
Returning Veteran was absent from
his or her employment with the
Employer on account of Services in
the Uniformed Service the Returning
Veteran shall be credited with
sufficient Hours of Services so
that a Break in Services does not
occur. For purposes of computing
Hours of Service credited under
this paragraph (d), an Employee
shall be credited with (i) Hours of
Service which would otherwise be
credited to such Employee without
regard to the absence, or (ii) 8
Hours of Service for each day of
the absence. The Committee, in its
sole discretion, may require
(i) evidence that the absence is on
account of a reason enumerated in
this paragraph (d), and
(ii) evidence as to the duration of
the absence.
IX.
Article I, Section 1.20(b), Hour of Service, is amended,
effective October 13, 1994 to delete the phrase "military
service" and to restate the last paragraph, to read as follows:
To the extent not credited above, Hours of
Service will also be credited, for vesting
purposes, based on the customary work week of
the Employee for periods of Service in the
Uniformed Services (as required by applicable
law).
X.
Article I is amended to add Section 1.21A, to read as
follows:
1.21A A Leased Employee shall mean any
person (excluding a person who is a common
law employee of the Participating Employer or
Non-Participating Employer) who, pursuant to
an agreement between a Participating Employer
(or an Affiliated Company) and any other
person ("leasing organization") has performed
services for the Participating Employer (or
<PAGE>
an Affiliated Company) and related persons
determined in accordance with Section
414(n)(6) of the Code, on a "substantially
full-time basis" for a period of at least one
year and: for Plan Years after 1996, such
services are performed under the primary
direction or control of a Participating
Employer (or an Affiliated Employer); for
Plan Years prior to 1997, such services are
of the type historically performed, in the
business field of the Participating Employer
(or an Affiliated Employer) by employees.
A person is considered to have performed
services on a "substantially full-time basis"
for a period of at least one year if:
(a) during any consecutive 12-month period
such person has performed at least 1,500
Hours of Service for the Employer or
(b) during any consecutive 12-month period
such person performed services for the
Employer for a number of Hours of Service at
least equal to 75% of the average number of
hours that are customarily performed by an
employee of the Employer in the particular
position.
Such a person will not be a Leased
Employee if the person (a) is covered by a
money purchase pension plan providing (i) a
nonintegrated employer contribution rate of
at least 10% of such person's W-2 wages, (ii)
immediate participation, and (iii) full and
immediate vesting, and (b) provided, the
Leased Employee, determined without regard to
whether such person is a participant in the
above described money purchase plan, do not
constitute more than 20 percent of the
recipient's nonhighly compensated workforce.
In the event that any Leased Employee
subsequently becomes an Eligible Employee,
then unless the Plan is otherwise excluded by
applicable Treasury Regulations from the
requirements of Code Section 414(n), the
total period that such former Leased Employee
provided services to the Participating
Employer shall be treated under the Plan, for
participation eligibility and vesting
purposes as though he had been an Employee of
the Participating Employer or Non-
Participating Employer.
XI.
Article I, Section 1.27, One Year Break in Service, is
amended, effective with respect to each Employee as of his first
Employment Year beginning on or after January 1, 1997, to read as
follows:
<PAGE>
One Year Break in Service shall mean an
Employment Year in which a Participant has
500 or less Hours of Service.
XII.
Article I, Section 1.29, Participant, is amended and
restated to read as follows:
Participant shall mean (a) any Eligible
Employee who satisfies the participation
requirements set forth in Article II, and
(b) any former Employee on whose behalf an
Account continues to be maintained in the
Plan pursuant to Article II.
In the event the Plan fails to pass the
coverage requirements of Section 410(b) of
the Code for a Plan Year, certain Employees
will be given "Eligible Employee" status in a
number necessary to satisfy the coverage
requirements of Section 410(b) of the Code.
"Eligible Employee" status will be given to
certain Employees beginning first with the
Employee who has both satisfied the
participation requirements of Article II and
has the most recent original employment date
and continuing in descending original
employment date order, to the extent
necessary for the Plan to pass the coverage
requirements of Section 410(b) of the Code.
If two or more Employees have satisfied the
participation requirements of Article II and
have the same original employment date,
Employees will be given "Eligible Employee"
status determined in alphabetical order of
the Employees' last names until the coverage
requirements are met. Coverage under this
paragraph only applies to the year in
question.
XIII.
Article I is amended to add the following Section 1.32A,
effective October 13, 1994, to read in its entirety as follows:
Section 1.32A Returning Veteran means a
reemployed Employee who gave notice to the
Company of his impending service in the
Uniformed Services, (unless such notice was
precluded by military necessity or was
otherwise impossible or unreasonable), and
the cumulative length of absence from the
Company by reason of Service in the Uniformed
Services does not exceed five years.
XIV.
Article I is amended to add the following Section 1.32B,
<PAGE>
effective October 13, 1994, to read in its entirety as follows:
Section 1.32B Service in the Uniformed
Services means the performance of duty on a
voluntary or involuntary basis in a
"Uniformed Service" and includes: active
duty, active duty for training, initial
active duty for training, inactive duty
training, full-time National Guard duty, and
a period for which a person is absent from a
position of employment for the purpose of an
examination to determine the fitness of the
person to perform any such duty. The
"Uniformed Services" include the Armed
Forces, the Army National Guard, and the Air
National Guard when engaged in active duty
for training, inactive duty training, or
full-time National Guard duty; the
commissioned corps of the Public Health
Service; and any other category of persons
designated by the President of the United
States in time of war or emergency.
XV.
Article I, Section 1.33, Service Termination Date is deleted
effective with respect to each Employee as of his first
Employment Year beginning on or after January 1, 1997.
XVI.
Article I, Section 1.40, Year of Service, is amended to read
as follows:
1.40 Year of Service shall mean any
Employment Year beginning on or after January
1, 1997 in which an Employee completes 1000
Hours of Service with the Employer. An
Employee's Years of Service include all
periods counted as the Employee's Years of
Service earned prior to 1997 under Plan
provisions then in effect.
All the Employee's Years of Service with
the Employer shall be taken into account
including service prior to the year the
Employee meets the definition of Eligible
Employee, for purposes of satisfying the
Plan's eligibility requirements and for
calculating a Participant's Vested Interest
in his Employer Contribution Account unless
such periods of service are disregarded
pursuant to Section 2.3 of the Plan.
XVII.
The second paragraph of Article II, Section 2.1,
Commencement of Participation, is amended and restated, effective
January 1, 1997, to read as follows:
<PAGE>
Each person who is an Eligible Employee
shall become a Participant on the Entry Date
which coincides with or immediately follows
the date (a) on which such Eligible Employee
attains age 21 and (b) on which such Eligible
Employee completes one Year of Service,
provided he is employed by the Employer on
such date. Notwithstanding the foregoing, no
Employee shall become a Participant prior to
the effective date of the adoption of the
Plan by his Employer.
XVIII.
Article II, Section 2.3, Participation Following
Reemployment, is amended and restated to read as follows:
If an Eligible Employee terminates employment
but is reemployed before a One Year Break in
Service occurs, he shall be treated as if his
employment was not broken.
If an Eligible Employee (whether or not a
Participant) terminates employment and is
later reemployed by a Participating Employer,
he shall be treated as a new Employee for
purposes of determining eligibility to
participate in the Plan, if the Employee has
no vested interest and his consecutive One-
Year Breaks in Service exceed the greater of
five or the Years of Service prior to a Break
in Service. However, if a fully vested
Participant has terminated employment and is
later reemployed by a Participating Employer,
he shall automatically become a Participant
as of the date he first performs an Hour of
Service following reemployment regardless of
the number of One-Year Breaks in Service
prior to reemployment.
XIX.
Article V, Section 5.3, Allocation of Employer Contributions
and Forfeitures, is amended, effective October 13, 1994, to add
the following at the end of the first paragraph, to read as
follows:
The Returning Veteran who is entitled to
an allocation under the Uniformed Services
Employment and Reemployment Rights Act (the
"Act") shall receive an allocation of the
employer contribution that he or she would
have received if he or she had been employed.
The Returning Veteran will not be eligible
for (i) an allocation of earnings before such
contributions are made, or (ii) forfeitures
allocated during the period of military
service. The allocation will be made no
later than the time allowed under the
<PAGE>
Internal Revenue Service's interpretation of
the Act.
XX.
Article V, Section 5.12(a), Limitation on Annual Additions,
is amended, effective October 13, 1994, to add the following
paragraph at the end:
However, makeup contributions for
Returning Veterans will be subject to this
limitation with respect to the year in which
the contributions relate but not in the year
in which the contributions were made.
XXI.
Article V, Section 5.12(d), Limitation on Annual Additions,
is amended, effective January 1, 1997, to add the following new
paragraph at the end:
Beginning in Plan Year 1997, for
purposes of this Section 5.12, Participant's
compensation, as defined in Section 415(c)(3)
of the Code and Regulation, is defined above
but includes any amount an Employee
contributes to a qualified plan under Section
401(k) or Section 125 of the Code.
XXII.
The first paragraph of Article VII, Section 7.1, Time of
Payment, is amended and restated, effective January 1, 1997, to
read as follows:
7.1 Time of Payment. Subject to the
temporary non-payment provisions of Section
7.6, the payment of a Participant's Vested
Interest shall be made, or commence, as soon
as administratively practicable following the
Participant's Normal Retirement Date or death
(but not later than 60 days after the end of
the Plan Year in which the Participant
attains his Normal Retirement Date or dies);
provided, however, that no distribution shall
commence later than the Required Beginning
Date, as defined as Section 7.10.
XXIII.
Article VII, Section 7.2(b) is amended to change the phrase
"Company Stock Account" to "Company Stock Subaccount."
XXIV.
Article VII is amended to add Section 7.10, Minimum Required
Distribution, effective January 1, 1997, to read as follows:
7.10 Minimum Required Distributions.
<PAGE>
The following provisions apply in the event
that a Participant reaches his Required
Beginning Date, as defined below:
(a) Such Participant is required to
receive a benefit.
(b) If the Participant elects a lump-
sum benefit or an annuity, the date
as of which an annuity benefit or
lump sum benefit is required to
begin, shall be no later than the
Participant's Required Beginning
Date.
(c) If the Participant elects to be
paid in annual installments, two
annual installments may be made in
the year of the Participant's
Required Beginning Date.
Subsequent annual installments must
be made by the December 31 of that
year. The first payment
applicable to the year in which the
Participant attained age 70 1/2 or,
if later, retired, cannot be made
later than the Participant's
Required Beginning Date. The
second annual installment must be
made by the December 31 immediately
following the Participant's
Required Beginning Date.
Required Beginning Date shall mean,
effective January 1, 1997, for anyone other
than a 5% owner (as defined in Code Section
416(i)(1)(B)(i)) April 1st of the calendar
year following the later of (a) the calendar
year in which the employee attains age
70 1/2, or (b) the calendar year in which the
Employee terminates employment with the
Employer. For Plan Years beginning prior to
January 1, 1997, Required Beginning Date
shall mean April 1st of the calendar year
following the calendar year in which a
Participant attains age 70 1/2.
If minimum required distributions
commenced prior to December 31, 1996 to a
Participant who remains employed by a
Participating Employer, such Participant may
elect, at any time during the Plan Year
ending December 31, 1997, to cease further
distributions until he has terminated
employment.
<PAGE>
IN WITNESS WHEREOF, Avondale Industries, Inc. has caused
this amendment to be executed in multiple originals by its
officers thereunto duly authorized and its corporate seal to be
hereunto affixed, as of the 31st day of December, 1996.
---- --------
WITNESS: AVONDALE INDUSTRIES, INC
/s/ JOY T. RINALDI BY: /s/ THOMAS M. KITCHEN
------------------ ---------------------
Thomas M. Kitchen, Secretary
/s/ JACKIE H. WALKER
--------------------
ATTEST
/s/ BL HICKS, ASST. SECRETARY
-----------------------------
(Corporate Seal)
<PAGE>
ACKNOWLEDGMENT
STATE OF LOUISIANA
PARISH OF JEFFERSON
BEFORE ME, the undersigned Notary Public, personally came
and appeared Thomas M. Kitchen, who being by me sworn did
depose and state that he signed the foregoing Amendment
Number Four to the Avondale Industries, Inc. Employee Stock
Ownership Plan as a free act and deed on behalf of Avondale
Industries, Inc. for the purposes therein set forth.
WITNESS:
/s/ JOY T. RINALDI /s/ THOMAS M. KITCHEN
------------------ ---------------------
Thomas M. Kitchen
/s/ JACKIE H. WALKER
--------------------
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 31st DAY
----
OF DECEMBER, 1996.
/s/ A. BLOMKALNS
----------------
NOTARY PUBLIC
AMENDMENT NUMBER THREE
TO
AVONDALE INDUSTRIES, INC.
PENSION PLAN
WHEREAS, Avondale Industries, Inc., a corporation organized
and existing under the laws of the State of Louisiana, adopted
the Avondale Industries, Inc. Pension Plan (the "Plan") effective
September 1, 1985, said Plan has been amended from time to time,
and said Plan was amended and restated on December 28, 1994,
effective January 1, 1989;
WHEREAS, Avondale Industries, Inc. reserved the right to
amend the Plan by resolution of the Board of Directors;
WHEREAS, it is desirable to amend the Plan as required or
allowed by the Family and Medical Leave Act of 1993, the
Uniformed Services Employment and Reemployment Rights Act of
1994, the Retirement Protection Act of 1994, and the Small
Business Job Protection Act of 1996; to clarify the employees who
are eligible to participate; to revise the commencement of
participation date; to change "Year of Service" from an elapsed
time method to an Hours of Service method for the purpose of
eligibility and vesting; and to make further clarifications:
NOW, THEREFORE, as authorized by Section 11.1 and resolution
of the Board of Directors, the Plan is hereby amended, effective
as of the date executed, unless stated otherwise, as follows:
I.
Article I, Section 1.2, Actuarial Equivalent, is amended and
restated, effective January 1, 1997, to read as follows:
1.2 Actuarial Equivalent shall mean a
benefit of equivalent current value to the
benefit which otherwise would have been
provided to the Participant, determined on
the basis of (a) the UP-1984 Mortality Table
set forward one year for males, set back four
years for females and weighted 95% male and
5% female and (b) 7.0% annual interest.
Provided, however, that the interest factor
used in determining a lump sum value shall be
as follows: (i) prior to 1997, the interest
rate used by the Pension Benefit Guaranty
Corporation as of January 1 of the calendar
year in which the determination date occurs;
and (ii) on or after January 1, 1997, the
Applicable Interest Rate. The Applicable
Interest Rate is the annual rate of interest
on 30-year Treasury securities for the second
<PAGE>
calendar month preceding the Plan Year in
which the date of determination occurs.
Further, on or after January 1, 1997, the
determination of a lump sum benefit shall be
based on the Applicable Mortality Table. The
Applicable Mortality Table is the mortality
table prescribed in Revenue Ruling 95-6 or
any successor publication of the Service.
However, the determination of the annuitized
value of the Participant's account under the
Avondale ESOP for purposes of Section
4.1(a)(iv) and Section 4.1(b)(iii) of the
Plan shall be based on no mortality and 7%
annual interest for the period, if any, from
(i) the date the Participant terminates
employment with the Participating Employer or
Non-Participating Employer, retires or
becomes totally and permanently disabled,
whichever is earlier, to (ii) the
Participant's Normal Retirement Date.
II.
The family aggregation rules under Code Section 401(a)(17)
and 414(q)(6) are hereby deleted for all Plan Years beginning
after 1996. This applies to the third and fourth sentence of the
third paragraph of Section 1.10, Compensation. These sentences
continue to apply for Plan Years beginning prior to January 1,
1997.
III.
Article I, Section 1.10, Compensation is amended, effective
October 13, 1994, to add the following paragraph at the end, to
read as follows:
The Compensation of a Returning Veteran
for a prior year in which a makeup
contribution is required under the Uniformed
Services Employment and Reemployment Rights
Act shall be (a) the pay the Returning
Veteran would have received if not in the
Uniformed Services (including wage increases
and bonuses) or (b) if it is not "reasonably
certain" what the pay rate during the
Uniformed Services would have been, the
Returning Veteran's average earnings during
the twelve months (or shorter period, if
applicable) prior to the Service in the
Uniformed Services.
IV.
Article I, Section 1.11, Compensation Year, is amended and
restated, effective January 1, 1997, to read as follows:
1.11 Compensation Year shall mean each
calendar year in which an Employee employed
by a Participating Employer or Non-
<PAGE>
Participating Employer on December 31st of
such year, or if not employed on such date is
reemployed by a Participating Employer or
Non-Participating Employer within 12 months
of his termination of employment.
V.
Article I, Section 1.16, is amended and restated, to read as
follows:
1.16 An Eligible Employee shall mean any
Employee of a Participating Employer;
provided, however, that an Eligible Employee
shall not include: (a) any Employee who is
included in a unit of employees covered by a
negotiated collective bargaining agreement
which does not provide for his participation
in this Plan; (b) any Employee who is
providing services pursuant to an oral or
written contract or leasing arrangement with
an unrelated employer, including any Employee
who under a Participating Employer's standard
personnel practices, is deemed a
subcontractor or a leased employee; (c) any
Employee who is a Leased Employee; (d) any
Employee who, under a Participating
Employer's standard personnel practices, is
deemed an independent contractor (without
regard to such person's status for Federal
income tax purposes and without regard to any
subsequent determination that such person is
a common law employee) and (e) any Employee
who, under a Participating Employer's
standard personnel practices, is deemed a
contractor, jobber, or a consultant. All
determinations shall be made in the sole
discretion of the Participating Employer in a
uniform non-discriminating manner.
VI.
Section 1.17, Employee, is amended and restated, to read as
follows:
1.17 Employee shall mean any person who
is employed by a Participating Employer or
Non-Participating Employer as a common law
employee receiving remuneration subject to
withholding for purposes of the Federal
Insurance Contribution Act (except that
Leased Employees as described in Section
414(n)(2) of the Code shall be considered
Employees solely for purposes of determining
whether the requirements of Section 414(n)(3)
of the Code are satisfied). A director of
the Company is not eligible for participation
in the Plan unless he is also an Employee.
<PAGE>
VII.
Article I is amended to add Section 1.18A, effective with
respect to each Employee as of the first Employment Year
beginning on or after January 1, 1997, to read as follows:
1.18A Employment Year shall mean the
twelve consecutive month period of employment
commencing on the date the Employee performs
his first Hour of Service for the Employer
and each anniversary thereof.
VIII.
Article I, Section 1.18B, Entry Date, is amended and
restated to read as follows:
1.18B Entry Date shall mean January 1 or
July 1 for anyone whose first Employment Year
begins on or after January 1, 1997. An
Employee hired before this date will become a
Participant on the first day of the month
coincident with or next following the date on
which he meets the eligibility requirements
that were in effect at the time his
employment began.
IX.
Article I, Section 1.21, Hour of Service, is amended to add
a new paragraph (d), effective October 13, 1994, to read as
follows:
(d) If an Employee is absent from his
or her employment with the Employer
for any period on account of
(i) Parental Absence, or (ii) any
period of leave recognized under
the Family and Medical Leave Act of
1993, such Employee shall be
credited with sufficient Hours of
Service (not in excess of 501 in
any Plan Year) so that a Break in
Service does not occur in either
the Employment Year in which such
absence begins (if credit is
required to preclude a Break in
Service in such year) or in the
immediately following Employment
Year (if no credit was awarded in
the preceding year). If a
Returning Veteran was absent from
his or her employment with the
Employer on account of Service in
the Uniformed Services, the
Returning Veteran shall be credited
with sufficient Hours of Service so
that a Break in Service does not
occur. For purposes of computing
<PAGE>
Hours of Service credited under
this paragraph (d), an Employee
shall be credited with (i) Hours of
Service which would otherwise be
credited to such Employee without
regard to the absence, or (ii) 8
Hours of Service for each day of
the absence. The Committee, in its
sole discretion, may require
(i) evidence that the absence is on
account of a reason enumerated in
this paragraph (d), and
(ii) evidence as to the duration of
the absence.
X.
Article I, Section 1.21(b), Hour of Service, is amended,
effective October 13, 1994 to delete the phrase "military
service" and to restate the last paragraph, to read as follows:
To the extent not credited above, Hours of
Service will also be credited, for vesting
purposes, based on the customary work week of
the Employee for periods of Service in the
Uniformed Services (as required by applicable
law).
XI.
Article I is amended to add Section 1.22A, to read as
follows:
1.22A A Leased Employee shall mean any
person (excluding a person who is a common
law employee of the Participating Employer or
Non-Participating Employer) who, pursuant to
an agreement between a Participating Employer
(or an Affiliated Company) and any other
person ("leasing organization") has performed
services for the Participating Employer (or
an Affiliated Company) and related persons
determined in accordance with Section
414(n)(6) of the Code, on a "substantially
full-time basis" for a period of at least one
year and: for Plan Years after 1996, such
services are performed under the primary
direction or control of a Participating
Employer (or an Affiliated Employer); for
Plan Years prior to 1997, such services are
of the type historically performed, in the
business field of the Participating Employer
(or an Affiliated Employer) by employees.
A person is considered to have performed
services on a "substantially full-time basis"
for a period of at least one year if:
(a) during any consecutive 12-month period
such person has performed at least 1,500
<PAGE>
Hours of Service for the Employer or
(b) during any consecutive 12-month period
such person performed services for the
Employer for a number of Hours of Service at
least equal to 75% of the average number of
hours that are customarily performed by an
employee of the Employer in the particular
position.
Such a person will not be a Leased
Employee if the person (a) is covered by a
money purchase pension plan providing (i) a
nonintegrated employer contribution rate of
at least 10% of such person's W-2 wages, (ii)
immediate participation, and (iii) full and
immediate vesting, and (b) provided, the
Leased Employee, determined without regard to
whether such person is a participant in the
above described money purchase plan, do not
constitute more than 20 percent of the
recipient's nonhighly compensated workforce.
In the event that any Leased Employee
subsequently becomes an Eligible Employee,
then unless the Plan is otherwise excluded by
applicable Treasury Regulations from the
requirements of Code Section 414(n), the
total period that such former Leased Employee
provided services to the Participating
Employer shall be treated under the Plan, for
participation eligibility and vesting
purposes as though he had been an Employee of
the Participating Employer or Non-
Participating Employer.
XII.
Article I, Section 1.25, One Year Break in Service for
Benefit Accrual, is amended, effective with respect to each
Employee as of his first Employment Year beginning on or after
January 1, 1997, to read as follows:
1.25 One Year Break in Service for
Benefit Accrual, for purposes of benefit
accrual, shall mean a 12-month consecutive
period following an Employee's Service
Termination Date during which the Employee
fails to be credited with an Hour of Service.
XIII.
Article I, Section 1.25A, One Year Break in Service, is
amended, effective with respect to each Employee as of his first
Employment Year beginning on or after January 1, 1997 to add a
new Section 1.25A, to read in its entirety as follows:
1.25A One Year Break in Service, for
purposes of eligibility to participate and
vesting, shall mean an Employment Year in
<PAGE>
which a Participant has 500 or less Hours of
Service.
XIV.
Article I, Section 1.27, Participant, is amended and
restated, to read as follows:
1.27 Participant shall mean (a) any
Eligible Employee who satisfies the
participation requirements set forth in
Article II, and (b) any former Employee on
whose behalf an Account continues to be
maintained in the Plan pursuant to Article
II.
In the event the Plan fails to pass the
coverage requirements of Section 410(b) of
the Code for a Plan Year, certain Employees
will be given "Eligible Employee" status in a
number necessary to satisfy the coverage
requirements of Section 410(b) of the Code.
"Eligible Employee" status will be given to
certain Employees beginning first with the
Employee who has both satisfied the
participation requirements of Article II and
has the most recent original employment date
and continuing in descending original
employment date order, to the extent
necessary for the Plan to pass the coverage
requirements of Section 410(b) of the Code.
If two or more Employees have satisfied the
participation requirements of Article II and
have the same original employment date,
Employees will be given "Eligible Employee"
status determined in alphabetical order of
the Employees' last names until the coverage
requirements are met. Coverage under this
paragraph only applies to the year in
question.
XV.
Article I is amended to add the following Section 1.30A,
effective October 13, 1994, to read in its entirety as follows:
Section 1.30A Returning Veteran means a
reemployed Employee who gave notice to the
Company of his impending service in the
Uniformed Services, (unless such notice was
precluded by military necessity or was
otherwise impossible or unreasonable), and
the cumulative length of absence from the
Company by reason of Service in the Uniformed
Services does not exceed five years.
XVI.
Article I is amended to add the following Section 1.30B,
<PAGE>
effective October 13, 1994, to read in its entirety as follows:
Section 1.30B Service in the Uniformed
Services means the performance of duty on a
voluntary or involuntary basis in a
"Uniformed Service" and includes: active
duty, active duty for training, initial
active duty for training, inactive duty
training, full-time National Guard duty, and
a period for which a person is absent from a
position of employment for the purpose of an
examination to determine the fitness of the
person to perform any such duty. The
"Uniformed Services" include the Armed
Forces, the Army National Guard, and the Air
National Guard when engaged in active duty
for training, inactive duty training, or
full-time National Guard duty; the
commissioned corps of the Public Health
Service; and any other category of persons
designated by the President of the United
States in time of war or emergency.
XVII.
Article I, Section 1.38, Year of Service, is amended,
effective January 1, 1997, to read as follows:
1.38 Year of Service shall mean any
Employment Year beginning on or after January
1, 1997 in which an Employee completes 1000
Hours of Service with the Employer. An
Employee's Years of Service include all
periods counted as the Employee's Years of
Service earned prior to 1997 under Plan
provisions then in effect.
All of the Employee's Years of Service
with the Employer shall be taken into account
including service prior to the year the
Employee meets the definition of Eligible
Employee, for purposes of satisfying the
Plan's eligibility requirements and for
calculating a Participant's Vested Interest
in his Employer Contribution Account unless
such periods of service are disregarded
pursuant to Section 2.5 of the Plan.
XVIII.
Article I, is amended to add a new Section 1.38A, Year of
Benefit Service, to read as follows, effective January 1, 1997:
Year of Benefit Service shall mean a 12-
month period commencing on the date the
Eligible Employee completes one Hour of
Service, but counting only months while an
Eligible Employee, (or such later date of
participation as specified in Appendix A) or
<PAGE>
anniversary thereof during which he is
employed by a Participating Employer,
provided that:
a. An Employee shall be credited with one
Year of Benefit Service for each 12
complete months of employment, whether
or not consecutive.
b. An Employee who is not absent from work
due to a Parental Absence shall cease
accruing Years of Service on his Service
Termination Date, except if such
Employee performs an Hour of Service
within the 12 month period commencing on
his Service Termination Date, his period
of absence shall be treated as
employment.
c. Years of Benefit Service shall include
any one or more of the following, if
they occur while the Employee is an
Eligible Employee:
i. any period of absence because
of Service in the Uniformed
Services for a Returning
Veteran;
ii. any period of layoff not in
excess of one year in
duration;
iii. any period while the Eligible
Employee is on an approved leave of
absence with or without pay
(including any leave of absence for
maternity or paternity reasons);
iv. any other period of absence
approved by a Participating
Employer or Non-Participating
Employer including paid holidays,
paid vacations and sick leaves;
v. any other period of absence
during which the Eligible
Employee does not incur a One
Year Break in Service for
Benefit Accrual; provided the
Employee returns to work as an
Eligible Employee with a
Participating Employer or Non-
Participating Employer within
the one-year period after his
Service Termination Date;
vi. to the extent not otherwise
credited above, the first 12 months
<PAGE>
of a Parental Absence if the
Employee provides the Committee
with any evidence it may reasonably
require to determine that the
absence is on account of such
Parental Absence.
Except as otherwise specifically provided
under this Section 1.38A, a month shall be
determined be dividing the number of days of
employment, whether or not consecutive, by
30.
Notwithstanding anything in the Plan to the
contrary, the Years of Service of any
Participant determined as of January 1, 1988,
shall not be less than the number of years he
would have had on such date under the terms
of a Prior Plan as in effect on December 31,
1987.
XIX.
The first sentence of Article III, Section 3.3, Early
Retirement Date, is amended and restated to read as follows:
3.3 Early Retirement Date. A Participant who has
completed at least ten Years of Benefit Service may
retire on the first day of any month following his 55th
birthday, such date being known as his Early Retirement
Date; provided, however, that such Participant provides
the Committee with written notice at least 60 days
prior to his Early Retirement Date.
XX.
The references in Paragraphs 4.1(a)(ii) and 4.1(b)(i) and
(ii) to "Years of Service" are amended to be references to "Years
of Benefit Service", effective January 1, 1997.
XXI.
Article II, Section 2.1, Eligible Class, is amended and
restated to read as follows:
2.1 Eligibility Requirements. An Employee is
eligible to participate only after he (a) attains age
21; (b) has completed one Year of Service; and (c) is
an Eligible Employee.
XXII.
The first paragraph of Article II, Section 2.2, Commencement
of Participation, is amended and restated to read as follows:
2.2 Commencement of Participation. An Employee
shall become a Participant on the first Entry Date on
which he is an Eligible Employee and which coincides
with or immediately follows the completion of the
<PAGE>
requirements set forth in Section 2.1. However, no
Employee shall become a Participant prior to the
effective date of the adoption of the Plan by his
Employer.
XXIII.
The last paragraph of paragraph a. of Article IV, Section
4.6, Maximum Retirement Income, is amended and restated,
effective January 1, 1997, to read as follows:
For the purpose of determining the
Actuarial Equivalent amount described in (v),
above, or in (iii) above if the benefit is
payable prior to the Social Security
Retirement Age, the interest rate shall be
the greater of 5% or the rate specified in
Section 1.2 of the Plan. To determine the
Actuarial Equivalent amount in (iii) above if
the benefit is payable after the Social
Security Retirement Age, the interest rate
shall be the lesser of 5%, or the rate
specified in Section 1.2 of the Plan, with no
mortality. In any event, the mortality table
shall be as set forth in Revenue Ruling 95-6
or any successor publication of the Service.
If the standard rate for determining
Actuarial Equivalent benefits under Section
1.2 is modified, the above "greater of" rate
will change accordingly. If the rate
specified in Code Section 415(b)(2)(E) is
modified the above "lesser of" rate will
change accordingly.
XXIV.
The second paragraph of Article VI, Section 6.7 is amended,
to add the following sentence:
Effective January 1, 1997, distribution of
benefits to a Participant shall commence no
later than the Required Beginning Date, as
defined in Section 6.9.
XXV.
Article VI, is amended to add a new section 6.9, effective
January 1, 1997, to read as follows:
6.9 Minimum Required Distributions. The
following provisions apply in the event that
a Participant reaches his Required Beginning
Date, as defined below:
(a) Such Participant is required to
receive a benefit.
(b) If the Participant elects a lump-
sum benefit or an annuity, the date
<PAGE>
as of which an annuity benefit or
lump sum benefit is required to
begin, shall be no later than the
Participant's Required Beginning
Date.
(c) If the Participant elects to be
paid in annual installments, two
annual installments may be made in
the year of the Participant's
Required Beginning Date.
Subsequent annual installments must
be made by the December 31 of that
year. The first payment
applicable to the year in which the
Participant attained age 70 1/2 or,
if later, retired, cannot be made
later than the Participant's
Required Beginning Date. The
second annual installment must be
made by the December 31 immediately
following the Participant's
Required Beginning Date.
Required Beginning Date shall mean,
effective January 1, 1997, for anyone other
than a 5% owner (as defined in Code Section
416(i)(1)(B)(i)) April 1st of the calendar
year following the later of (a) the calendar
year in which the employee attains age
70 1/2, or (b) the calendar year in which the
Employee terminates employment with the
Employer. For Plan Years beginning prior to
January 1, 1997, Required Beginning Date
shall mean April 1st of the calendar year
following the calendar year in which a
Participant attains age 70 1/2.
If minimum required distributions
commenced prior to December 31, 1996 to a
Participant who remains employed by a
Participating Employer, such Participant may
elect, at any time during the Plan Year
ending December 31, 1997, to cease further
distributions until he has terminated
employment.
<PAGE>
IN WITNESS WHEREOF, Avondale Industries, Inc. has caused
this amendment to be executed in multiple originals by its
officers thereunto duly authorized and its corporate seal to be
hereunto affixed, as of the 31st day of December, 1996.
---- --------
WITNESSES: AVONDALE INDUSTRIES, INC
/s/ JOY T. RINALDI BY: /s/ THOMAS M. KITCHEN
------------------ ---------------------
Thomas M. Kitchen, Secretary
/s/ JACKIE H. WALKER
--------------------
ATTEST
/s/ BL HICKS
------------
(Corporate Seal)
<PAGE>
ACKNOWLEDGMENT
STATE OF LOUISIANA
PARISH OF JEFFERSON
BEFORE ME, the undersigned Notary Public, personally came
and appeared Thomas M. Kitchen, who being by me sworn did depose
and state that he signed the foregoing Amendment Number Three to
the Avondale Industries, Inc. Pension Plan as a free act and deed
on behalf of Avondale Industries, Inc. for the purposes therein
set forth.
/s/ THOMAS M. KITCHEN
---------------------
Thomas M. Kitchen
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 31st DAY
----
OF DECEMBER, 1996.
--------
/s/ A. BLOMKALNS
----------------
NOTARY PUBLIC
-2-
AVONDALE INDUSTRIES, INC.
401(k)
SAVINGS PLAN
(Effective January 1, 1996)
<PAGE>
AVONDALE INDUSTRIES, INC.
401(k)
SAVINGS PLAN
TABLE OF CONTENTS
Article Contents Section
I. DEFINITIONS
Accounts 1.1
Active Participant 1.2
Affiliated Company 1.3
Beneficiary 1.4
Board of Directors 1.5
Code 1.6
Committee 1.7
Company 1.8
Compensation 1.9
Plan Compensation
Section 415 Compensation
Total Compensation
Disability 1.10
Disability Retirement Date 1.11
Eligible Employee 1.12
Employee 1.13
Employee-Deferral or Employee-Deferral
Contribution 1.14
Employee-Deferral Account 1.15
Employee-Deferral Agreement 1.16
Employer 1.17
Employer Contribution 1.18
Employer Contribution Account 1.19
Employer Discretionary Contribution 1.20
Entry Date 1.21
ERISA 1.22
Highly Compensated Employee 1.23
Hour of Service 1.24
Matching Contribution 1.25
Non-Highly Compensated Employee 1.26
Non-Participating Employer 1.27
Normal Retirement Date
and Normal Retirement Age 1.28
One-Year Break-in-Service 1.29
Parental Absence 1.30
Participant 1.31
Participating Employer 1.32
Plan 1.33
Plan Year 1.34
Rollover Contribution Account 1.35
Service Termination Date 1.36
Trust or Trust Agreement 1.37
Trustee 1.38
Trust Fund 1.39
Valuation Date 1.40
Vested Interest 1.41
Year of Service 1.42
II.PARTICIPATION
Commencement of Participation 2.1
<PAGE>
Termination of Participation 2.2
Participation Following Reemployment 2.3
III.EMPLOYEE-DEFERRALS
Employee-Deferrals 3.1
Delivery of Employee-Deferral Contributions 3.2
Changes in and Discontinuance of
Employee-Deferrals 3.3
Dollar Limitation 3.4
Return of Excess Deferral Amounts 3.5
Non-Discrimination Rules 3.6
Return of Excess Contributions 3.7
Rollover Contributions 3.8
IV.MATCHING CONTRIBUTIONS
Matching Contributions 4.1
Forfeitures 4.2
Delivery of Contributions 4.3
Adjustments if Employee-Deferral
Contributions Adjusted 4.4
Discrimination
Test-Matching Contributions 4.5
Qualified Matching Contributions, Qualified
Nonelective Contributions 4.6
V.EMPLOYER DISCRETIONARY CONTRIBUTIONS
Employer Discretionary Contributions 5.1
Allocation of Employer Discretionary
Contributions 5.2
Top-Heavy Contributions 5.3
VI.VESTING
Employee-Deferral Account 6.1
Rollover Contribution Account 6.2
Employer Contribution Account 6.3
Forfeitures 6.4
Reemployment Before Break in Service 6.5
Reemployment After Break in Service 6.6
VII.ALLOCATIONS
Allocation of Contributions 7.1
Definitions 7.2
Annual Additions 7.3
Limitation for Other Defined
Contribution Plans 7.4
Limitation for Defined Benefit Plan 7.5
VIII.TRUST FUND
Plan Assets 8.1
Separate Accounts 8.2
Valuation 8.3
Investment Funds 8.4
Investment of Contributions 8.5
Transfer of Amounts Among
Investment Funds 8.6
Liability for Investment Decisions 8.7
Accounting Procedures 8.8
IX.BENEFITS
<PAGE>
Normal Retirement Date 9.1
Disability Retirement Date 9.2
Nonalienation of Benefits 9.3
Qualified Domestic Relations Order 9.4
X.PAYMENT OF BENEFITS
Time of Payment 10.1
Death Benefit 10.2
Form of Distribution 10.3
Temporary Non-Payment of Benefits 10.4
Direct Rollover Rules 10.5
Notice 10.6
XI.IN-SERVICE DISTRIBUTION AND LOANS
Distribution after Attaining
Age 59 1/2 11.1
Financial Hardship 11.2
Loans to Participant 11.3
XII.ADMINISTRATION
Board of Directors 12.1
401(k) Administrative Committee 12.2
Committee's Duties and Responsibilities 12.3
Committee's Powers 12.4
Chairman of the Committee 12.5
Claims Review Procedure 12.6
Information from Participants
Beneficiaries and Alternate Payees 12.7
Actions 12.8
Bond 12.9
Indemnification 12.10
XIII.AMENDMENT OF THE PLAN
Right to Amend or Suspend Contributions 13.1
Amendment by Committee 13.2
Restriction on Amendment 13.3
Retroactivity 13.4
Merger 13.5
XIV.TERMINATION OF THE PLAN
Events Constituting Termination 14.1
Partial Termination 14.2
Disposition of Accounts After a Termination 14.3
Internal Revenue Service Approval
for Distribution 14.4
XV.STAND-BY TOP-HEAVY PROVISIONS
Top Heavy Plan 15.1
Definitions 15.2
Vesting 15.3
Minimum Contribution 15.4
Limitation on Contributions 15.5
Other Plans 15.6
XVI.GENERAL PROVISIONS
Plan Voluntary 16.1
Payments to Minors and Incompetents 16.2
Missing Payee 16.3
Required Information 16.4
<PAGE>
Subject to Trust Agreement 16.5
Communications to Committee 16.6
Communications from Employer or
Committee 16.7
Action 16.8
Liability for Benefits 16.9
Named Fiduciary 16.10
Gender 16.11
Captions 16.12
Applicable Law 16.13
Reversion of Employer Contributions 16.14
Expenses 16.15
<PAGE>
PREAMBLE
Effective January 1, 1996, Avondale Industries, Inc. hereby
establishes a 401(k) (the "Plan") governed by the provisions of
this Plan document and any amendments hereto. The Plan and its
related Trust are intended to qualify as a profit-sharing plan
and a cash-or-deferred arrangement under Sections 401(a), 501(a),
401(k) and 401(m) of the Internal Revenue Code of 1986, as
amended. Any ambiguity shall be resolved by giving effect to
these intentions.
The purpose of this Plan is to encourage Employees to save
and invest systematically a portion of their current compensation
in order that they may have an additional source of income upon
their retirement or disability. The benefits provided by the
Plan are paid from the Trust Fund established by the Employer and
are in addition to the benefits Employees are entitled to receive
under any other programs of the Employer and the United States
Social Security Administration.
The Plan and the Trust forming a part hereof are maintained
for the exclusive benefit of the Participants and their
Beneficiaries.
<PAGE>
ARTICLE I
DEFINITIONS
All capitalized terms used in this Plan shall have the
meaning set forth in this Article I, unless a different meaning
is plainly required by the context:
1.1 Accounts shall mean each of a Participant's Employee-
Deferral Account, Employer Contribution Account and Rollover
Contribution Account (including subaccounts established from time
to time under each such Account) established and maintained to
record the interest of a Participant in the Trust Fund as more
fully described in Sections 1.15, 1.18 and 1.35.
1.2 Active Participant shall mean an Eligible Employee who
is employed by a Participating Employer through the last payroll
period ending within the Plan Year.
1.3 Affiliated Company means the Company and all other
entities required to be aggregated with the Company under
Sections 414(b), (c), (m) or (o) of the Code.
1.4 Beneficiary shall mean the person or persons
designated by a Participant to receive the amount, if any,
payable under the Plan in the event of a Participant's death.
Each Beneficiary designation shall be in the form prescribed by
the Committee.
If the Participant is married and designates someone other
than his legal spouse, his Beneficiary designation must include
the written consent of his spouse at the time the designation is
made. Such written consent must approve the Beneficiary
designated and acknowledge the effect of such designation and
must be notarized by a notary public. If it is established to
the satisfaction of the Committee that the Participant has no
spouse or that the spouse's consent cannot be obtained because
the spouse cannot be located, or because of such other
circumstances as may be prescribed in regulations issued pursuant
to Section 417 of the Code, such written consent shall not be
required.
If no valid Beneficiary designation is in effect at the time
of the Participant's death, then, to the extent, if any, benefits
are payable under the Plan after such death, Beneficiary shall
mean the Participant's legal spouse, if he is married at the time
of his death, otherwise the Participant's estate.
1.5 Board of Directors shall mean the Board of Directors
of Avondale Industries, Inc.
1.6 Code shall mean the Internal Revenue Code of 1986, as
amended from time to time. Reference to any Section of the Code
shall include any successor provision thereto.
1.7 Committee shall mean the 401(k) Administrative
Committee designated by the Company to administer the Plan in
accordance with Section 12.2 or a person or entity designated by
the 401(k) Administrative Committee.
<PAGE>
1.8 Company shall mean Avondale Industries, Inc. and any
successor company that may continue the Plan.
1.9 Compensation. The term "Compensation" as modified
below, has the following meaning for each respective purpose
under the Plan:
(a) Plan Compensation. For purposes of determining
contributions to the Plan, Plan Compensation
means base pay plus overtime, bonuses and short-
term Disability payments, if any, and shall
exclude permanent Disability payments and any
other extra compensation in any form paid to the
Employee by the Employer during the Plan Year.
Plan Compensation will include any amount which
is contributed by the Employer pursuant to a
salary reduction agreement and which is not
includible in the gross income of an Employee
under Sections 125 or 402(e)(3).
(b) Section 415 Compensation. For the purpose of
applying the limitations of Section 415 of the
Code, Section 415 Compensation means the
Participant's wages, within the meaning of
Section 3401(a) of the Code and all other
payments of compensation to the Participant by
the Employer (in the course of the Employer's
trade or business) for which the Employer is
required to furnish the Participant a written
statement under Sections 6041(d), 6051(a)(3) and
6052 of the Code.
(c) Total Compensation means Section 415 Compensation
plus all amounts contributed by an Employer on
behalf of the Participant pursuant to a salary
reduction agreement which are not includible in
the gross income of the Participant under
Sections 125, 402(e)(3), and 402(h)(1)(B) of the
Code.
The amount of a Participant's annual Compensation that can
be taken into account under any of Subparagraphs (a) - (c) for
any Plan Year shall not exceed $150,000, as adjusted from time to
time in accordance with Section 401(a)(17) of the Code. In
determining the Compensation of a Participant for purposes of
this limitation, the rules of Code Section 414(q)(6) shall apply,
except in applying these rules, "family" will include only the
Participant's spouse and any lineal descendants of the
Participant who have not attained age 19 before the close of the
year. If, as a result of the application of these rules, the
adjusted $150,000 limit is exceeded then the limit will be
prorated among the affected individuals determined under this
section before this limit is applied.
1.10 Disability of a Participant shall mean the total and
permanent incapacity of a Participant to engage in any
substantial gainful employment, as determined by the Committee
and which qualifies him for commencement of benefits for
permanent and total disability under Federal Old Age and Survivor
<PAGE>
Insurance.
1.11 Disability Retirement Date shall have the meaning set
forth in Section 9.2.
1.12 Eligible Employee is defined at Section 2.1.
1.13 Employee shall mean a person employed by an Employer,
excluding any employee who is included in a unit of
employees covered by a collective bargaining agreement which
does not provide for his participation in the Plan.
However, any Employee who is providing services to the
Employer under a contract with an unrelated employer shall
not be considered an Eligible Employee under this Plan.
1.14 Employee-Deferral or Employee-Deferral Contribution
shall mean the amount contributed by the Employer on behalf
of a Participant in accordance with Article III.
1.15 Employee-Deferral Account shall mean the Account
maintained for a Participant to record the Employee-
Deferrals under Article III, and any contributions under
Section 4.6, contributed by the Employer on such
Participant's behalf.
1.16 Employee-Deferral Agreement shall mean the agreement
described in Article III.
1.17 Employer shall mean a Participating Employer or a Non-
Participating Employer. Appendix A lists each Participating
Employer.
1.18 Employer Contribution means any (a) Matching
Contributions, (b) Employer Discretionary Contributions and
(c) contributions required on account of a Top-Heavy Plan
Year.
1.19 Employer Contribution Account shall mean the account
established for a Participant which is funded by Employer
Contributions.
1.20 Employer Discretionary Contribution shall mean a
contribution by an Employer to the Trust Fund as described
in Article V.
1.21 Entry Date shall mean February 1, 1996 and the first
day of each month thereafter and any other date during the
Plan Year specified by the Committee.
1.22 ERISA shall mean the Employee Retirement Income
Security Act of 1974, as amended from time to time.
References to any section of ERISA include any successor
provision thereto.
1.23 Highly Compensated Employee shall mean any highly
compensated active Employee and any highly compensated
former Employee as described in this Section 1.23.
A highly compensated active Employee includes any Employee
<PAGE>
who performs service for the Employer during the
determination year and who, during the look-back year:
(i) received Total Compensation from the Employer in excess
of $75,000 (as adjusted pursuant to section 415(d) of the
Code); (ii) received Total Compensation from the Employer in
excess of $50,000 (as adjusted pursuant to section 415(d) of
the Code) and was a member of the top-paid group for such
year; or (iii) was an officer of the Employer and received
Total Compensation during such year that is greater than 50
percent of the dollar limitation in effect under section
415(b)(1)(A) of the Code. The term Highly Compensated
Employee also includes: (i) Employees who are both
described in the preceding sentence if the term
"determination year" is substituted for the term "look-back
year" and the Employee is one of the 100 Employees who
received the most Total Compensation from the Employer
during the determination year; and (ii) Employees who are 5
percent owners at any time during the look-back year or
determination year.
If no officer has satisfied the compensation requirement of
(iii) above during either a determination year or look-back
year, the highest paid officer for such year shall be
treated as a Highly Compensated Employee.
For purposes of this Section 1.23, the determination year
shall be the Plan Year. The look-back year shall be the
twelve-month period immediately preceding the determination
year.
A Highly Compensated former Employee includes any Employee
who separated from service (or was deemed to have separated)
prior to the determination year, performs no service for the
Employer during the determination year, and was a highly
compensated active Employee for either the separation year
or any determination year ending on or after the Employee's
55th birthday.
If an Employee is, during a determination year or look-back
year, a family member of either a five percent (5%) owner
who is an active or former Employee or a Highly Compensated
Employee who is one of the ten (10) most Highly Compensated
Employees ranked on the basis of Total Compensation paid by
the Employer during such year, then the family member and
the five percent (5%) owner or top-ten Highly Compensated
Employee shall be aggregated. In such case, the family
member and five percent (5%) owner or top-ten (10) Highly
Compensated Employee shall be treated as a single Employee
receiving compensation and Plan contributions or benefits
equal to the sum of such compensation and contributions or
benefits of the family member and five percent (5%) owner or
top-ten Highly Compensated Employee. For purposes of this
Section 1.23, family member includes the spouse, lineal
ascendants and descendants of the Employee or former
Employee and the spouses of such lineal ascendants and
descendants.
The determination of who is a Highly Compensated Employee,
including the determinations of the number and identity of
<PAGE>
Employees in the top-paid group, the top one hundred (100)
Employees, and number of Employees treated as officers and
the compensation that is considered, will be made in
accordance with Section 414(q) of the Code and the
Regulations thereunder.
1.24 Hour of Service shall mean:
(a) Each hour for which an Employee is directly or
indirectly paid or entitled to payment by a
Participating Employer or Non-Participating
Employer for the performance of duties, including
periods of vacation and holidays;
(b) Each hour for which an Employee is directly or
indirectly paid or entitled to payment by a
Participating Employer or Non-Participating
Employer (including payments made or due from a
trust fund or insurer to which the Participating
Employer or Non-Participating Employer
contributes or pays premiums) on account of a
period of time during which no duties are
performed (irrespective of whether the employment
relationship has terminated) due to vacation,
holiday, illness, incapacity (including
disability), layoff, jury duty, military duty, or
leave of absence, provided that:
(i) no more than 501 Hours of Service shall be
credited under this paragraph (b) to an
Employee on account of any single
continuous period during which the Employee
performs no duties; and
(ii) Hours of Service shall not be credited
under this paragraph (b) to an Employee for
a payment which solely reimburses the
Employee for medically-related expenses
incurred by the Employee or which is made
or due under a plan maintained solely for
the purpose of complying with applicable
worker's compensation, unemployment
compensation or disability insurance laws;
(c) Each hour not already included under this Section
1.24 above for which back pay, irrespective of
mitigation of damages, is either awarded or
agreed to by such Employer, provided that
crediting of Hours of Service under this Section
1.24 with respect to periods described in this
Section 1.24 above shall be subject to the
limitation therein set forth; and
(d) Solely for purposes of determining whether a
Break in Service, as defined in Section 1.29, for
participation and vesting purposes has occurred
in a computation period, if an Employee is away
from work on a Parental Absence, he shall receive
credit for the Hours of Service which would
<PAGE>
otherwise have been credited to such individual
but for such absence, or in any case in which
such hours cannot be determined, 8 Hours of
Service per day of such absence. The Hours of
Service credited under this Section 1.24(d) shall
be credited (1) in the computation period in
which the absence begins if the crediting is
necessary to prevent a Break in Service in that
period, or (2) in all other cases, in the
following computation period.
To the extent not credited above, Hours of Service will also
be credited based on the customary work week of the Employee for
periods of military duty (as required by applicable law) and
approved leaves of absence.
The number of Hours of Service to be credited under this
Section 1.24 above on account of a period during which an
Employee performs no duties, and the Plan Years to which Hours of
Service shall be credited under this Section 1.24 above shall be
determined by the Committee in accordance with Sections
2530.200b-2(b) and (c) of the Regulations of the U.S. Department
of Labor.
1.25 Matching Contribution shall mean a contribution by an
Employer to the Trust Fund as described in Article IV.
1.26 Non-Highly Compensated Employee shall mean an Employee
who is not a Highly Compensated Employee.
1.27 Non-Participating Employer shall mean an Affiliated
Company which is not a Participating Employer.
1.28 Normal Retirement Date shall have the meaning set
forth in Section 9.1. Normal Retirement Age means the
Participant's sixty-fifth (65th) birthday.
1.29 One-Year Break-in-Service or Break in Service shall
mean a twelve-month consecutive period following an Employee's
Service Termination Date, as defined in Section 1.36, during
which the Employee fails to be credited with an Hour of Service.
For purposes of this One-Year Break in Service rule, in
determining the level of vesting of an Employee who is absent
from work for maternity or paternity reasons, the period between
the first and second anniversaries of the first day of such
absence shall not be treated as either a Break in Service or a
Year of Service. The Service Termination Date is the second
anniversary of the first date of such absence. An absence from
work for maternity or paternity reasons is defined in Section
1.30.
1.30 Parental Absence shall mean an Employee's absence from
work for any of the following reasons: (i) the pregnancy of the
Employee, (ii) the birth of the Employee's child, (iii) the
adoption of a child by the Employee, or (iv) the need to care for
the Employee's child immediately following its birth or adoption;
provided, however, that the Committee, in its sole discretion,
may require evidence that any absence is on account of a reason
enumerated herein and evidence as to the duration of such
<PAGE>
absence.
1.31 Participant shall mean (i) any Eligible Employee for
whom Employee-Deferral Contributions have been made or (ii) any
former Eligible Employee on whose behalf an Account continues to
be maintained in the Plan pursuant to Article II. An Eligible
Employee remains a Participant as long as he has an Account
balance, as provided in Section 2.2.
1.32 Participating Employer shall mean the Company,
Avondale Services Corporation, and any Affiliated Company that
adopts this Plan pursuant to authorization by the Board of
Directors of the Company and the board of directors of the newly-
adopting entity.
By authorizing the adoption of this Plan, the governing body
of any Participating Employer expressly recognizes and delegates
to the Company and its Board of Directors the right to exercise
on the behalf of the Participating Employer all power and
authority conferred by the Plan to the Company or its Board of
Directors.
1.33 Plan shall mean the Avondale Industries, Inc. 401(k)
Savings Plan, as set forth in this document and as amended from
time to time.
1.34 Plan Year shall mean the calendar year.
1.35 Rollover Contribution Account shall mean the Account
maintained for a Participant to record his rollover
contribution made pursuant to Section 3.8.
1.36 Service Termination Date shall mean the earlier of the
following:
(a) the date on which by reason of an Employee's
resignation, discharge, retirement or death the
Employee is no longer employed by any Employer;
or
(b) the first anniversary of the date on which an
Employee is laid off, starts an authorized leave
of absence, or is absent from work for any other
reason (other than those instances covered under
paragraphs (a), including holidays, paid
vacations, sick leaves and absence on account of
disability.
1.37 Trust or Trust Agreement shall mean the agreement and
any and all amendments and supplements thereto entered into
between the Company and the Trustee. The Trust Agreement shall
be deemed to be part of this Plan as if all the terms and
provisions were fully set forth herein.
1.38 Trustee shall mean the person or persons appointed by
the Board of Directors to be Trustee under the Trust Agreement.
1.39 Trust Fund shall mean all assets held by the Trustee
in accordance with the Trust Agreement.
<PAGE>
1.40 Valuation Date shall mean the last day of each quarter
during the Plan Year or any other date or dates during the Plan
Year specified by the Committee upon which the assets of the
Trust Fund are valued as described in Article VIII. The Annual
Valuation Date shall mean the last day of the Plan Year.
1.41 Vested Interest shall mean the portion of a
Participant's Accounts which has become vested and
nonforfeitable, under Section 6.3.
1.42 Year of Service shall mean a 12-month period
commencing on the first day on which an Employee is credited with
an Hour of Service (or, for vesting and participation purposes,
such Employee's date of rehire if such Employee has no vested
interest and his consecutive One-Year Breaks in Service exceed
the greater of five or the Years of Service prior to a Break in
Service), provided that:
(a) An Employee shall be credited with one Year of
Service for each 12 complete months of
employment, whether or not consecutive,
commencing no later than the employee's
employment commencement date, or reemployment
commencement date, whichever is applicable.
(b) An Employee shall cease accruing Years of Service
on his Service Termination Date; except that if
such Employee performs an Hour of Service within
the 12-month period commencing on his Service
Termination Date, his period of absence shall be
treated as employment.
(c) Years of Service shall include any one or more of
the following:
(i) any period of absence because of service in
the military forces of the United States,
provided the Employee returns to work
within 90 days after first becoming
eligible for discharge from active duty;
(ii) any period of layoff not in excess of one
year in duration;
(iii) any period while the Employee is on an
approved leave of absence with or without
pay (including any Parental Absence);
(iv) any other period of absence approved by an
Employer including paid holidays, paid
vacations and sick leaves;
(v) any other period of absence provided the
Employee returns to work with an Employer
within the one-year period after his
Service Termination Date;
(vi) to the extent not otherwise credited above,
the first 12 months of a Parental Absence
if the Employee provides the Committee with
<PAGE>
any evidence it may reasonably require to
determine that the absence is on account of
such Parental Absence.
Except as otherwise specifically provided under this Section
1.42, a month shall be determined by dividing the number of days
of employment, whether or not consecutive, by 30. All of an
Employee's Years of Service with the Employer shall be taken into
account, including service prior to the year the Employee meets
the definition of Employee, for purposes of satisfying the Plan's
eligibility requirements and for calculating a Participant's
Vested Interest in his Employer Contribution Account unless such
periods of service are disregarded pursuant to Section 2.3 of the
Plan (for participation purposes), or Section 6.6 of the Plan
(for vesting purposes).
ARTICLE II
PARTICIPATION
2.1 Commencement of Participation. Each Employee shall
become an Eligible Employee as of the first Entry Date on which
he is employed by a Participating Employer and which coincides
with or immediately follows the date as of which such Employee
has both (a) attained age 21 and (b) completed one Year of
Service.
2.2 Termination of Participation. An Eligible Employee or
Participant who (i) has a Service Termination Date (ii) becomes a
member of a group of employees covered by a negotiated collective
bargaining agreement which does not provide for participation in
the Plan or (iii) becomes an Employee of a Non-Participating
Employer shall no longer be an Eligible Employee but shall
continue as a Participant in the Plan entitled to share in the
earnings and losses of the Trust Fund and to exercise the rights
of a Participant hereunder until his Vested Interest has been
distributed and the non-vested portion of his Accounts, if any,
has been forfeited pursuant to Section 6.4.
The participation of any Participant shall end when (i) no
further benefits are payable to him or his Beneficiary under the
Plan and (ii) no further amounts are credited to his Accounts.
2.3 Participation Following Reemployment.
If an Employee has a Service Termination Date but is
reemployed before a One Year Break in Service occurs, he
shall be treated as if his employment was not broken. Such
Employee shall automatically become an Eligible Employee
again and the Committee shall allow him to elect to make
Employee-Deferrals pursuant to Section 3.1.
If an Employee (whether or not a Participant) has a Service
Termination Date and is later reemployed by a Participating
Employer, he shall be treated as a new Employee for purposes
of determining eligibility to participate in the Plan, if
the Employee has no vested interest and his consecutive One-
Year Breaks in Service exceed the greater of five or the
Years of Service prior to a Break in Service. However, if a
<PAGE>
fully vested Participant has terminated employment and is
later reemployed by a Participating Employer, he shall
automatically become a Participant as of the date he first
performs an Hour of Service following reemployment
regardless of the number of One-Year Breaks in Service prior
to reemployment.
ARTICLE III
EMPLOYEE-DEFERRALS
3.1 Employee-Deferrals. An Eligible Employee may enter into
an Employee-Deferral Agreement with his Employer on such
form or forms as the Committee shall prescribe or through a
voice response system after such Participant has entered his
personal identification number. In the Employee-Deferral
Agreement the Eligible Employee shall agree to accept a
deferral of his Plan Compensation expressed as a whole
percentage no less than 1% and no more than 13%. The
Employee-Deferral Agreement shall remain in effect until
changed or discontinued as provided in Section 3.3. An
Employee's election under this Section 3.1 can be made when
the Employee becomes an Eligible Employee effective as of
the next payroll period provided the Participant has given
the Committee advance notice of such change in such form and
within such time period preceding the effective date of the
change as the Committee may prescribe.
No Employee-Deferral may be paid to the Plan by the Employer
on behalf of a Participant after he ceases to be an Employee
or during any period when such Participant is not receiving
Plan Compensation from the Employer.
3.2 Delivery of Employee-Deferral Contributions. The
Employee-Deferral made by the Employer on behalf of any
Participant shall be transmitted to the Trustee by the
Employer as soon as practicable; provided, however, that no
Employee-Deferral for any portion of a Plan Year shall be
delivered to the Trustee later than 90 days after the close
of the month in which the amount was deducted from
Participant's Plan Compensation.
3.3 Changes in and Discontinuance of Employee-Deferrals. A
Participant may change the rate of Employee-Deferrals or
discontinue Employee-Deferrals paid by his Employer to the
Plan on his behalf effective as of the next payroll period
provided the Participant has given the Committee advance
notice of such change in such form and within such time
period preceding the effective date of the change as the
Committee may prescribe.
3.4 Dollar Limitation. In no event shall a Participant's
Employee-Deferral Contributions for a Participant's taxable
year exceed $9,500, or such larger amount as allowed under
Code Section 402(g) to reflect increases in the cost of
living.
3.5 Return of Excess Deferral Amounts. If a Participant's
Employee-Deferral Contributions under the Plan should exceed
<PAGE>
the dollar limitation under Section 3.4 for a Plan Year, the
excess amount and the earnings thereon shall be distributed
to the Participant no later than the April 15 following the
calendar year of the excess deferral. If a Participant
notifies the Committee in writing no later than March 1
following the calendar year of the excess deferral that he
was also a participant in a plan of an unrelated employer
governed by the Code Section 402(g) dollar limitation
described in Section 3.4, that the total deferrals under the
plans exceeded the dollar limitation described in Section
3.4, and that he has allocated some or all of the excess
deferrals to this Plan, then the excess allocated to this
Plan (and the earnings thereon) shall be distributed to the
Participant no later than the following April 15.
Any returned excess deferrals must include income or loss
for the calendar year of the excess deferral, and must
include income or loss for the "gap period" between the end
of that year and the date of distribution. The gain or loss
allocable to the Excess Deferral Amount for the preceding
calendar year shall be determined by any reasonable method,
provided that such method does not violate Section 401(a)(4)
of the Code, is consistently applied, and is used for
allocating income to Participants' Accounts.
Any Matching Contributions attributable to returned
Employee-Deferrals shall be forfeited. The amount of excess
deferrals to be distributed shall be reduced by Excess
Contributions previously distributed for the taxable year
ending in the same Plan Year, as provided in Section 3.7.
3.6 Non-Discrimination Rules
(a) Definition. The term "Actual Deferral
Percentage" (hereinafter "ADP") as used in this
Section 3.6 shall mean, for each specified group
of Eligible Employees for a Plan Year, the
average of the ratios (calculated separately for
each Eligible Employee in such group) of (1) the
amount of Employee-Deferrals actually delivered
to the Trustee for the Eligible Employee for the
Plan Year to (2) the Eligible Employee's Total
Compensation for the portion of such Plan Year
(during which) the Employee was an Eligible
Employee. The ADP shall be calculated separately
for the group consisting of Highly Compensated
Employees and the group consisting of Non-Highly
Compensated Employees.
(b) An Eligible Employee who fails to make Employee-
Deferrals shall be included in the testing with a
ratio of zero.
(c) The Tests. In each Plan Year the Plan must
satisfy one of the following tests:
(i) The ADP for Eligible Employees who are
Highly Compensated Employees for the Plan
Year shall not exceed the ADP for Eligible
<PAGE>
Employees who are Non-Highly Compensated
Employees for the same Plan Year multiplied
by 1.25; or
(ii) The ADP for Eligible Employees who are
Highly Compensated Employees for the Plan
Year shall not exceed the ADP for Eligible
Employees who are Non-Highly Compensated
Employees for the same Plan Year multiplied
by 2.0, provided that the ADP for Eligible
Employees who are Highly Compensated
Employees does not exceed the ADP for
Eligible Employees who are Non-Highly
Compensated Employees by more than two (2)
percentage points.
(d) Special Rules in Connection with ADP Testing:
(i) The ADP for any Eligible Employee who is a
Highly Compensated Employee for the Plan
Year and who is eligible to have Employee-
Deferrals allocated to his accounts under
two or more arrangements described in Code
Section 401(k), that are maintained by one
or more Employers, shall be determined as
if such contributions were made under a
single arrangement. If a Highly
Compensated Employee participates in two or
more cash or deferred arrangements that
have different plan years, all cash or
deferred arrangements ending with or within
the same calendar year shall be treated as
a single arrangement.
(ii) In the event that this Plan satisfies the
requirements of Code Sections 401(k),
401(a)(4), or 410(b) only if aggregated
with one or more other plans, or if one or
more other plans satisfy the requirements
of such Code Sections only if aggregated
with this Plan, then this Section 3.6 shall
be applied by determining the ADP of
Employees as if all such plans were a
single plan.
(iii) For purposes of determining the ADP of an
Eligible Employee who is a five (5%) owner
or one of the ten (10) most highly-paid
Highly Compensated Employees, the Employee-
Deferrals and Total Compensation of such
Eligible Employee shall include the
Employee-Deferrals and Total Compensation
for the Plan Year of members of the
Eligible Employee's Family (as defined at
Section 1.9). Family members with respect
to such Highly Compensated Employees shall
be disregarded as separate Employees in
determining the ADP both for Eligible
Employees who are Non-Highly Compensated
<PAGE>
Employees and for Eligible Employees who
are Highly Compensated Employees.
(iv) For purposes of determining the ADP test,
Employee-Deferrals shall be taken into
account only if: paid to the Trust before
the last day of the twelve (12) month
period immediately following the Plan Year
to which the contributions relate; and
which relate to Total Compensation which
would have been received by the Eligible
Employee in the Plan Year (but for the
deferral election) or which is attributable
to services performed by the Eligible
Employee in the Plan Year and would have
been received by the Eligible Employee
within 2 1/2 months after the close of the
Plan Year (but for the deferral election).
(v) The determination and treatment of the ADP
amounts of any Eligible Employee shall
satisfy such other requirements as may be
prescribed by the Secretary of the
Treasury.
(vi) In the event that the ADP of the Highly
Compensated Employees for the Plan Year
determined as a date prior to the last day
of the Plan Year indicates that the Plan
for the year will not otherwise comply with
either ADP test, the Committee has the
authority to reduce the Employee-Deferral
rate for the remainder of the Plan Year for
all or a portion of the Highly Compensated
Employees in an equitable manner to
increase the likelihood that one of the ADP
tests will be satisfied.
3.7 Return of Excess Contributions
(a) Definition. "Excess Contributions" for a Highly
Compensated Employee shall be determined in the
following manner. First, the actual deferral
ratio (ADR) of the Highly Compensated Employee
with the highest ADR is reduced to the extent
necessary to satisfy the ADP test or cause such
ratio to equal the ADR of the next Highly
Compensated Employee with the highest ratio.
Second, this process is repeated until the ADP
test is satisfied. The amount of Excess
Contributions is the total of Employee Deferrals,
plus Qualified Nonelective Contributions and
Qualified Matching Contributions taken into
account in determining the employee's ADR minus
the amount determined by multiplying the
employee's ADR by the employee's Total
Compensation.
(b) Determination of Income or Loss. The income or
<PAGE>
loss allocable to Excess Contributions shall be
determined pursuant to Section 8.3. Earnings
must include income or loss for the "gap period"
between the end of the taxable year and the date
of distribution.
(c) Distribution of Excess Contributions.
Notwithstanding any other provision of this Plan,
Excess Contributions, plus any income and minus
any loss allocable thereto, shall be distributed
no later than the last day of the Plan Year to
Participants to whose accounts such Excess
Contributions were allocated for the preceding
Plan Year. Such distributions shall be made to
Highly Compensated Employees on the basis of the
respective portions of the Excess Contributions
attributable to each of such Employees. With
respect to Participants who are subject to the
family member aggregation rules of Code Section
414(q)(6), the ADP of such Participants shall be
reduced in accordance with the "leveling" method
described in Section 1.401(k)-1(f)(2) of the
regulations and the Excess Contributions of such
Participants shall be allocated among the family
members in proportion to the contributions of
each family member. Excess Contributions shall
be treated as Annual Additions under the Plan.
The amount of Excess Contributions to be
distributed shall be reduced by excess deferrals
previously distributed for the same year pursuant
to Section 3.5 and any Matching Contributions
with respect to such distributed Excess
Contributions (and the earnings thereon) shall be
forfeited.
3.8 Rollover Contributions. A Participant who has entered
into an Employee-Deferral Agreement may contribute to the Plan
any amount distributed from the Participant's individual
retirement account, individual retirement annuity, or qualified
plan which qualifies under either of Code Sections 402(c) or
408(d)(3)(A)(ii), which is transferred within the required time,
and which meets all other requirements of law for a rollover to
the Plan. The Employer, the Committee, and the Trustee shall
rely upon the Participant's written certification that the
transfer is a permitted rollover meeting all the above
requirements. Such a contribution shall be held in a separate
Rollover Contribution Account for the Participant. If the
Committee should learn that the rollover did not meet all the
aforesaid requirements, the value of the Participant's Rollover
Contribution Account as of the preceding Valuation Date (or the
date of the rollover, if later) shall be returned to him.
ARTICLE IV
MATCHING CONTRIBUTIONS
4.1 Matching Contributions. The Board of Directors shall
annually determine the amount of a Matching Contribution, if any,
to be contributed for the Plan Year. The Matching Contribution
<PAGE>
shall be allocated based on the ratio of each Active
Participant's Employee-Deferrals for the Plan Year to the total
of Employee-Deferrals made by all Active Participants for the
year. For purposes of this allocation, Participant Employee-
Deferrals in excess of 6% of each Participant's Plan Compensation
shall be disregarded.
4.2 Forfeitures. Forfeitures shall be allocated in the
same manner as Matching Contributions under Section 4.1.
4.3 Delivery of Contributions. An Employer's Matching
Contributions shall be delivered to the Trustee at such time as
the Employer determines, but in no event shall any contribution
for a Plan Year be made later than the deadline, including
extensions, for the filing of the Company's tax return for that
year.
4.4 Adjustments if Employee-Deferral Contributions
Adjusted. If under Section 3.5 or Section 3.7 a Participant's
Employee-Deferral Contributions are returned to him, and as a
result the net Employee-Deferral Contributions for the Plan Year
are a smaller percentage of Plan Compensation than the amount
taken into account in making Matching Contributions, the amount
of the Matching Contributions shall be reduced accordingly. The
reduction in the Matching Contribution (and any earnings
attributable to the reduction) shall be treated as a Forfeiture
under the provisions of Section 4.2.
4.5 Discrimination Test - Matching Contributions.
(a) Definitions:
(i) "Average Contribution Percentage" or "ACP"
shall mean the average of the Contribution
Percentages of the Eligible Employees in a
group.
(ii) "Contribution Percentage" shall mean the
ratio (expressed as a percentage) of an
Eligible Employee's Contribution Percentage
Amounts to the Eligible Employee's Total
Compensation for the portion of the Plan
Year in which he was eligible to make
Employee-Deferrals.
(iii) "Contribution Percentage Amounts" shall
mean the Matching Contributions and
Forfeitures under the Plan on behalf of the
Eligible Employee for the Plan Year. The
Employer may elect to use Employee-
Deferrals in the Contribution Percentage
Amounts so long as the ADP test is met
before the Employee-Deferrals are used in
the ACP test and continues to be met
following the exclusion of those Employee-
Deferrals that are used to meet the ACP
test.
(b) If an Eligible Employee makes no Employee
<PAGE>
Deferrals and receives no Matching Contributions,
the contribution ratio that is to be included in
determining the ACP is zero.
(c) The Tests. In each Plan Year the Plan must
satisfy one of the following tests:
(i) The ACP for Eligible Employees who are
Highly Compensated Employees for the Plan
Year shall not exceed the ACP for Eligible
Employees who are Non-Highly Compensated
Employees for the same Plan Year multiplied
by 1.25; or
(ii) The ACP for Eligible Employees who are
Highly Compensated Employees for the Plan
Year shall not exceed the ACP for Eligible
Employees who are Non-Highly Compensated
Employees for the same Plan Year multiplied
by two (2), provided that the ACP for
Eligible Employees who are Highly
Compensated Employees does not exceed the
ACP for Eligible Employees who are Non-
Highly Compensated Employees by more than
two (2) percentage points.
(d) Special Rules:
(i) (A) "Aggregate Limit" shall mean the
greater of (A) or (B) below:
(1)The sum of
a) one hundred twenty-five
percent (125%) of the greater
of the ADP or the ACP of the
Non-Highly Compensated
Employees in the same Plan
Year, plus
b) Two (2) percentage points plus
the lesser of such ADP or ACP
of Non-Highly Compensated
Employees in the same Plan
Year, provided, however, that
in no event shall this amount
exceed two hundred percent
(200%) of the lesser of the
ADP or the ACP of Non-Highly
Compensated Employees, and
(2)The sum of
a) one hundred twenty-five
percent (125%) of the lesser
of the ADP or the ACP of the
Non-Highly Compensated
Employees in the same Plan
Year, plus
<PAGE>
b) Two (2) percentage points plus
the greater of the ADP or the
ACP of Non-Highly Compensated
Employees in the same Plan
Year, provided, however, that
in no event shall this amount
exceed two hundred percent
(200%) of the greater of the
ADP or the ACP of Non-Highly
Compensated Employees.
(B) Multiple Use: If the sum of the ADP
and ACP of the Highly Compensated
Employees exceeds the Aggregate
Limit, then the ACP of the Highly
Compensated Employees will be reduced
(beginning with the Highly
Compensated Employee whose ACP is the
highest) so that the limit is not
exceeded. If the Employer elects to
reduce the ACP of the Highly
Compensated Employee, the required
reduction shall be treated as an
Excess Aggregate Contribution
described below. The ADP and ACP of
the Highly Compensated Employees are
determined after any corrections
required to meet the ADP and ACP
tests. Multiple use does not occur
if both the ADP and ACP of the Highly
Compensated Employees does not exceed
1.25 multiplied by the ADP and ACP of
the Non-Highly Compensated Employees.
(ii) For purposes of this section, the
Contribution Percentage for any Eligible
Employee who is a Highly Compensated
Employee and who is eligible to have
Contribution Percentage Amounts allocated
to his account under two (2) or more plans
described in Code Section 401(a), or
arrangements described in Code Section
401(k) that are maintained by one or more
Employers, shall be determined as if the
total of such Contribution Percentage
Amounts was made under each plan. If a
Highly Compensated Employee participates in
two (2) or more cash or deferred
arrangements under Code Section 401(k)
("CODA"), that have different plan years,
all CODAs ending with or within the same
calendar year shall be treated as a single
arrangement.
(iii) In the event that this Plan satisfies the
requirements of Code Sections 401(m),
401(a)(4) or 410(b) only if aggregated with
one or more other plans, or if one or more
other plans satisfy the requirements of
<PAGE>
such Code Sections only if aggregated with
this Plan, then this section shall be
applied by determining the Contribution
Percentages of Eligible Employees as if all
such plans were a single plan.
(iv) For purposes of determining the
Contribution Percentage of an Eligible
Employee who is a five percent (5%) owner
or one of the ten (10) most highly-paid
Highly Compensated Employees, the
Contribution Percentage Amounts and Total
Compensation of such Eligible Employee
shall include the Contribution Percentage
Amounts and Total Compensation for the Plan
Year of Family members. Family members,
with respect to Highly Compensated
Employees, shall be disregarded as separate
Employees in determining the Contribution
Percentage both for Eligible Employees who
are Non-Highly Compensated Employees and
for Eligible Employees who are Highly
Compensated Employees.
(v) For purposes of determining the Average
Contributions Percentage test, Employer
Matching Contributions will be considered
made for a Plan Year only if (i) paid to
the trust no later than the end of the
twelve (12) month period beginning on the
day after the close of the Plan Year and
(ii) made on account of the Employee's
Employee-Deferral for the Plan Year.
(e) Excess Aggregate Contributions. The Excess
Aggregate Contributions for a Highly Compensated
Employee shall be determined as follows: First,
the actual contribution ratio (ACR) of the Highly
Compensated Employee with the highest ACR is
reduced to the extent necessary to satisfy the
ACP test or cause such ratio to equal the ACR of
the Highly Compensated Employee with the next
highest ratio. Second, this process is repeated
until the ACP test is satisfied. For each Highly
Compensated Employee, the amount of the Excess
Aggregate Contributions is equal to the total
Employee Deferrals and Matching Contributions,
plus Qualified Nonelective Contributions and
other contributions taken into account in
determining the ACR minus the amount determined
by multiplying the employee's ACR by the
employee's Total Compensation. If the Plan fails
to satisfy the ACP Test, Excess Aggregate
Contributions and income or loss allocable
thereto for the Plan Year in which the ACP Test
is failed, shall be treated as follows:
(i) Disposition of Excess Aggregate
Contributions. Notwithstanding any other
<PAGE>
provision of this Plan, Excess Aggregate
Contributions, plus any income and minus
any loss allocable thereto, shall be
distributed, no later than the last day of
each Plan Year, to Highly Compensated
Employees or forfeited, where otherwise
appropriate, from the accounts of
Participants in which such Excess Aggregate
Contributions were allocated for the
preceding Plan Year. Excess Aggregate
Contributions shall be allocated to
Participants who are subject to the family
member aggregation rules of Code Section
414(q)(6), the ACP of such Participants
shall be reduced in accordance with the
"leveling" method described in Section
1.401(m)-1(e)(2) of the regulations and the
Excess Contributions of such Participants
shall be allocated among the family members
in proportion to the contributions of each
family member that have been combined.
(ii) Determination of Income or Loss. Excess
Aggregate Contributions shall be adjusted
for any income or loss attributable thereto
in the year in which the contribution was
made. The income or loss allocable to
Excess Aggregate Contributions shall be
determined pursuant to Section 8.3.
(iii) Accounting for Excess Aggregate
Contributions. Excess Aggregate
Contributions shall be distributed on a
pro-rata basis from the Participant's
Employer Contribution Account (and, if
applicable, the Participant's Employee-
Deferral Account).
4.6 Qualified Matching Contributions, Qualified
Nonelective Contributions. The Company may, in its sole
discretion, use the following contributions to enable the Plan to
satisfy the nondiscrimination requirements of Section 3.6 and/or
Section 4.5:
(a) Qualified Matching Contributions. A Qualified
Matching Contribution may be made by the
Employers on the basis of either a specified
dollar amount or a specified percentage of Plan
Compensation of the Employee who is eligible for
such contribution under the nondiscrimination
tests. Such Qualified Matching Contributions
shall be nonforfeitable when made and shall be
subject to the same restrictions on distribution
that apply to Employee-Deferrals.
(b) Qualified Nonelective Contributions. A Qualified
Nonelective Contribution may be made by the
Employer on the basis of either a specified
dollar amount or a specified percentage of Plan
<PAGE>
Compensation of the Employee who is eligible for
such contribution under the nondiscrimination
tests. Such Qualified Nonelective Contributions
shall be nonforfeitable and shall be subject to
the same restrictions on distribution that apply
to Employee-Deferrals.
(c) Qualified Matching Contributions and/or Qualified
Nonelective Contributions may be treated as
Employee Deferrals only if the conditions
described in Section 1.401(k)-1(b)(5) are
satisfied. Qualified Nonelective Contributions
may be treated as Matching Contributions if the
conditions described in Section 1.401(m)-1(b)(5)
of the regulations are satisfied.
(d) The Employer will maintain records sufficient to
demonstrate compliance with this section,
including the extent to which Qualified
Nonelective Contributions and Qualified Matching
Contributions are taken into account to satisfy
the ADP and ACP tests.
(e) The use of contributions described above shall be
as provided in regulations under Section 401(k)
and Section 401(m) of the Code.
ARTICLE V
EMPLOYER DISCRETIONARY CONTRIBUTIONS
5.1 Employer Discretionary Contributions. The Board of
Directors shall annually determine the amount of Employer
Discretionary Contributions, if any, to be contributed for the
Plan Year. The Company may contribute all or part of the entire
amount due on behalf of one or more Participating Employers and
charge the amount thereof to the Participating Employers
responsible therefor.
In no event shall the contribution, when added to the other
contributions under the Plan, exceed the maximum amount which may
be claimed as a deduction by the Company for federal income tax
purposes under Code Section 404(a)(3).
The contribution, if any, shall be delivered in one or more
installments to the Trustee no later than the due date (including
extensions) of the Company's federal income tax return for its
fiscal year ending with or during the Plan Year for which the
contribution is made.
5.2 Allocation of Employer Discretionary Contributions.
As of each Annual Valuation Date, the Employer Discretionary
Contribution, if any, shall be allocated to the Employer
Contribution Accounts of all Active Participants in the
proportion that each such Active Participant's Total Compensation
bears to the Total Compensation for all Active Participants for
such year. Notwithstanding any other provision, each Employee
shall become an Eligible Employee, for purposes of receiving an
allocation of an Employer Discretionary Contribution, as of the
<PAGE>
day the Employee has both (a) attained age 21 and (b) completed
one Year of Service.
5.3 Top-Heavy Contributions. As of the end of any Plan
Year in which the Plan is Top-Heavy, the Employer shall
contribute to the Employer Contribution Account of each
Participant who is a Non-Key Employee the amount required under
Article XV.
ARTICLE VI
VESTING
6.1 Employee-Deferral Account. The interest of a
Participant in his Employee-Deferral Account shall be fully
vested and nonforfeitable at all times.
6.2 Rollover Contribution Account. The interest of a
Participant in his Rollover Contribution Account shall be fully
vested and nonforfeitable at all times.
6.3 Employer Contribution Account. The interest of a
Participant in his Employer Contribution Account shall be fully
vested and nonforfeitable upon such Participant's death prior to
termination of employment, attainment of the Normal Retirement
Age while still employed, or termination of employment by reason
of Disability. When a Participant's employment is terminated for
any other reason, the vested and nonforfeitable interest of such
Participant shall be determined in accordance with the following
schedule:
----------------------------------------
Years of Service Vested %
Less than 5 years 0
5 years or more 100
----------------------------------------
6.4 Forfeitures.
(a) For purposes of this Section 6.4, if a
Participant's account is 0% vested upon his
Service Termination Date, he shall be deemed to
have received a distribution of his account
balance (and therefore a forfeiture results) as
of the end of the Plan Year in which the Service
Termination Date occurred.
(b) The forfeitures shall be applied in accordance
with Section 4.2.
(c) A Participant can have a forfeiture restored
after reemployment, but only under the
circumstances described in Section 6.6.
6.5 Reemployment Before Break in Service. If an Employee
has a Service Termination Date and is reemployed before a One-
Year Break in Service occurs, he will be treated for vesting
purposes as if the termination had not occurred.
<PAGE>
6.6 Reemployment After Break in Service. The following
special rules apply if an Employee has a One-Year Break in
Service and is later reemployed by an Employer.
(a) His Years of Service prior to the Break in
Service shall be taken into account for purposes
of determining the vested portion of such
Participant's Employer Contribution Account
funded after reemployment (i) if any portion of
the Participant's Employer Contribution Account
is vested at the time of the Break in Service, or
(ii) if he incurs fewer than five consecutive
one-year Breaks in Service.
(b) His Years of Service which accrue after the Break
in Service shall be taken into account for
purposes of determining the vested portion of
such Participant's Employer Contribution Account
funded prior to the Break in Service, provided
such Participant is reemployed by the Employer
before he incurs five (5) consecutive one-year
Breaks in Service.
(c) (i) If a Participant has a Service Termination
Date and receives a distribution of the
balance of his Employer Contribution
Account, he will be credited with the full
value of his forfeited account balance,
determined as of the date of the
distribution, provided the Participant
repays the amount of the distribution
before the earlier of (1) five (5) years
after the first day on which an Employee is
subsequently reemployed by the Employer, or
(2) the close of the first period of five
(5) consecutive Breaks in Service. Any
Participant who terminates employment with
zero vesting shall be credited with the
full value of his Employer Contribution
Account determined as of the date of the
deemed distribution under Paragraph 6.4(a)
if the Participant is reemployed before he
incurs five (5) consecutive One-Year Breaks
in Service.
(ii) If any credit is required under this
Paragraph (c), the credit shall be made at
the close of the Plan Year in which occurs
the later of the reemployment or the
repayment. The credit shall be satisfied
first from Forfeitures, second from
Employer Discretionary Contributions.
ARTICLE VII
ALLOCATIONS
7.1 Allocation of Contributions. Contributions to the
Plan shall be allocated in the following manner:
<PAGE>
(a) Employee-Deferral Contributions shall be
allocated to the Employee-Deferral Account of
each Participant in accordance with the
provisions of Article III.
(b) Employer Discretionary Contributions shall be
allocated to the Employer Contribution Account of
each Participant in accordance with the
provisions of Article V.
(c) Matching Contributions shall be allocated to the
Employer Contribution Account of each Participant
in accordance with the provisions of Article IV.
(d) Qualified Matching Contributions and Qualified
Nonelective Contributions shall be allocated to
the Employee-Deferral Account of each Participant
in accordance with the provisions of Section 4.6.
7.2 Definitions. For purposes of this Article VII, the
term Accounts shall mean a Participant's Employee-Deferral
Account and Employer Contribution Account.
The term Annual Addition shall mean, for any Limitation
Year, the sum of (a) Matching Contributions, (b) Employee-
Deferral Contributions, (c) Employer Discretionary Contributions,
Qualified Matching Contributions, Qualified Non-elective
Contributions and (d) forfeitures.
The term Defined Benefit Plan Fraction shall mean, for any
year, a fraction (a) the numerator of which is the projected
annual benefit of the Participant under any defined benefit plan
maintained by the Employer (determined as of the close of the
Plan Year), and (b) the denominator of which is the lesser of
(i) the product of 1.25 multiplied by the maximum dollar
limitation in effect under Code Section 415(b)(1)(A) for such
year, or (ii) the product of 1.4 multiplied by the amount which
may be taken into account under Code Section 415(b)(1)(B) for
such year.
The term Defined Contribution Plan Fraction shall mean, for
any year, a fraction (a) the numerator of which is the sum of the
Annual Additions to the Participant's Accounts as of the close of
the Plan Year, and (b) the denominator of which is the sum of the
lesser of the following amounts determined for such year and each
prior year of service with a Employer: (i) the product of 1.25
multiplied by the dollar limitation in effect under Code Section
415(c)(1)(A) for such year (determined without regard to Code
Section 415(c)(6)), or (ii) the product of 1.4 multiplied by the
amount which may be taken into account under Code Section
415(c)(1)(B) for such year.
The term Employer includes the group of Employers, if any,
which constitute a controlled group of corporations, trades or
businesses under common control (within the meaning of Code
Sections 1563(a) or 414(b) as modified by 415(h) and 414(c)), or
an affiliated service group (within the meaning of Code Sections
414(m) and 318) with an Employer. All such Employers shall be
treated as a single Employer for purposes of applying the Code
<PAGE>
Section 415 limitations.
The term Limitation Year shall mean the Plan Year or any
other twelve-month period designated by the Board of Directors.
7.3 Annual Additions. No contribution or forfeiture shall
be allocated to the Accounts of an Employee for a Limitation Year
in excess of an amount which, when expressed as an Annual
Addition to such Employee's Accounts, is equal to the lesser of
(a) $30,000 or such larger amount equal to 1/4 of the defined
benefit dollar limitation as adjusted for cost-of-living
increases pursuant to Code Sections 415(c)(1), 415(d)(1) and
415(d)(3), or (b) twenty-five percent of such Employee's Section
415 Compensation for such limitation.
7.4 Limitation for Other Defined Contribution Plans. In
the event that the Annual Addition which would otherwise be made
to an Employee's accounts under all defined contribution plans
maintained by the Employer for any Limitation Year exceeds the
limitations set forth in this Article VII, the excess Annual
Addition shall be attributed first to the Plan, and the Employer
shall treat such excess as follows:
(a) First, the Employee-Deferral Contributions in
excess of six percent of Plan Compensation shall
be returned to the Employee to the extent
necessary.
(b) Second, the portion of the excess consisting of
Matching Contributions shall be allocated and
reallocated to the Employer Contribution Accounts
of other Participants in accordance with Section
4.1 to the extent such allocations would not
cause Annual Additions to each Participant's
Accounts to exceed the limitations of this
Section 7.4
(c) Third, the portion of the excess consisting of
Employer Discretionary Contributions shall be
allocated and reallocated to the Employer
Contribution Accounts of other Participants in
accordance with Section 5.2 to the extent such
allocations would not cause Annual Additions to
each Participant's Accounts to exceed the
limitation of this Section 7.4.
(d) If treated in accordance with subparagraphs (a)
through (c) above, the excess amounts shall not
be deemed Annual Additions in that limitation
year if the excess amounts are a result of the
allocation of forfeitures, a reasonable error in
estimating a Participant's annual Plan
Compensation, a reasonable error in determining
the amount of elective deferrals (within the
meaning of Section 402(g)(3)) that may be made
with respect to any individual under the limits
of Section 415 or under other limited facts and
circumstances that the Commissioner finds justify
the availability of the rules set forth in this
<PAGE>
subparagraph.
(e) To the extent excess Annual Additions exist after
the distributions described in subparagraphs (a)
through (c), such excess amounts shall be
allocated to a Section 415 Suspense Account. All
amounts in the Section 415 Suspense Account must
be used to reduce Matching Contributions,
contributions required on account of a Top-Heavy
Plan Year, or Employer Discretionary
Contributions in succeeding Limitation Years. In
the event of termination of the Plan, the balance
of the Section 415 Suspense Account shall revert
to the Company to the extent it may not then be
allocated to any Participants' Accounts.
7.5 Limitation for Defined Benefit Plan. If an Employee is
also a Participant in one or more defined benefit plans
maintained by the Employer (or an Employee was a Participant in
any defined benefit plan previously maintained by an Employer),
the sum of such Employee's Defined Benefit Plan Fraction and
Defined Contribution Plan Fraction (as determined pursuant to
Code Section 415(e)) for any Limitation Year may not exceed 1.0.
In the event that the sum of an Employee's Defined
Contribution Plan and Defined Benefit Plan Fractions would
otherwise exceed 1.0 for any Limitation Year, the benefit accrual
which would otherwise be made under all applicable defined
benefit plans for such Employee shall be considered not to have
accrued, to the extent necessary, so that the sum of such
fractions does not exceed 1.0. If after all such adjustments the
sum of the fractions would still exceed 1.0, then the annual
addition which would otherwise be made with respect to such
Employee shall be reduced in this Plan pursuant to Section 7.4
and finally under any applicable defined contribution plan to the
extent necessary so that the sum does not exceed 1.0.
ARTICLE VIII
TRUST FUND
8.1 Plan Assets. Avondale Industries, Inc. and the
Trustee have entered into a Trust Agreement, which agreement
provides for the establishment of a single Trust for the purpose
of holding and administering all amounts contributed to Accounts
under the Plan. All contributions, and the earnings on such
amounts, shall be delivered to the Trustee and held and
administered pursuant to the provisions of the Plan and the Trust
Agreement.
8.2 Separate Accounts. A separate Employee-Deferral
Account and Employer Contribution Account and Rollover
Contribution Account shall be maintained by the Trustee or a
recordkeeping agent appointed by the Plan Administrator for each
Participant.
8.3 Valuation. The fair market value of the assets
comprising the Trust shall be determined as of each Valuation
Date, in accordance with generally-accepted valuation methods and
<PAGE>
accounting practices.
As of each Valuation Date, the value of each Account shall
be adjusted to reflect the effect on each sub-account of any
change in the value of each Investment Fund since the preceding
Valuation Date, as well as the effect of any deposits,
withdrawals, distributions, or other transactions occurring since
the last Valuation Date. The Committee shall provide to each
Participant, Beneficiary and alternate payee as of the end of
each calendar quarter a statement of the value of each Account in
which such person has an interest.
8.4 Investment Funds.
(a) The Committee shall determine what investment
funds to offer under the Plan and may, from time
to time, change the investment funds offered
hereunder. As of the Effective Date of this
Plan, the investment funds are Merrill Lynch
Retirement Preservation Trust, Merrill Lynch
Capital Fund, Merrill Lynch Corporate Bond Fund
Investment Grade, AIM Constellation Fund, AIM
Value Fund, and Templeton Growth Fund.
(b) As of each Valuation Date, the Trustee shall
perform a valuation of each Investment Fund in
order to determine the value of each Investment
Fund and to reconcile the Investment Funds from
the prior Valuation Date. Such valuation shall
recognize any appreciation or depreciation in the
fair market value of all securities or other
property held by each respective Investment Fund,
any cash and accrued earnings and shall take into
account any accrued expenses and proper charges
against the Investment Fund as of such Valuation
Date.
8.5 Investment of Contributions.
(a) A Participant may direct that his Employee-
Deferral Contributions, Employer Contributions
and Rollover Contributions, if any, be allocated
to one or more of the Investment Funds then
available, in multiples of one percent (1%), by
providing voice consent after such Participant
has accessed a voice response system by entering
his personal identification number in accordance
with limitations reasonably determined by the
Committee, or in writing on a form acceptable to
the Committee. The total of all such allocations
shall equal one hundred percent of the
Participant's interest in his Accounts. The
Committee will provide, upon Participant's
request, a written confirmation of his written
investment instructions.
(b) If no investment direction exists the
Participant's affected interest shall
automatically be invested in a short term income
<PAGE>
fund until adequate instructions are received
through a voice response system or in writing on
an acceptable form; provided that such investment
will not result in violation of ERISA.
(c) Each Participant must consent to the allocation
of his contributions among the Investment Funds.
Such direction shall continue in effect until
such time as the Participant consents to a
different allocation. The investment of future
contributions may be changed daily, provided such
change is received by the Committee within such
time period preceding the effective date as shall
be prescribed by the Committee.
8.6 Transfer of Amounts Among Investment Funds
(a) A Participant may elect to transfer amounts from
one Investment Fund to another in increments of
one percent (1%). Any such change shall be by
providing voice consent after the Participant has
accessed a voice response system by entering his
personal identification number, or in writing on
a form acceptable to the Committee. Such
election shall be effective on the business day
transacted if requested via the voice response
system before 3 p.m. Eastern Standard Time or as
soon as administratively feasible if requested on
a written form. Transfers out of an investment
fund can be processed in terms of dollars,
shares, or percentages. Dollar and percent
transfers will be converted into shares, traded
based on the previous night's price, and
processed based on the current night's price.
(b) In the event an acceptable form is not received
by the Committee for all or any portion of a
Participant's Accounts, the current investment
direction shall continue in effect until adequate
instructions are received through a voice
response system or in writing on an acceptable
form.
(c) The timing and frequency of transfers among
investment options may be further restricted if
such restrictions are required by the institution
handling or providing the investment fund.
8.7 Liability for Investment Decisions. This Plan is
intended to constitute a plan described in Section 404(c) of
ERISA, and Title 29 of the Code of Federal Regulations Section
2550.404c-1. Fiduciaries of the Plan may be relieved of
liability for any losses which are the direct and necessary
result of investment instructions given by each Participant or
Beneficiary. Neither the Employer, the Trustee nor the Committee
shall be responsible for any loss which may result from a
Participant's exercise of control over the investment of his
Accounts.
<PAGE>
Each Participant shall have exclusive responsibility for and
control over the investment of amounts allocated to his Accounts.
Neither the Employers, the Trustee nor the Committee shall have
any duty, responsibility or right to question a Participant's
investment directions or to advise a Participant with respect to
the investment of his accounts.
The Committee will be obligated to follow the Participant's
investment directions except when the instructions:
(a) are not in accordance with this Plan document and
instruments governing this Plan insofar as such
documents and instruments are consistent with the
provisions of Title I of ERISA;
(b) would result in a prohibited transaction
described in ERISA section 406 or Code section
4975 that is not otherwise exempted by statute or
regulation;
(c) would generate income that would be taxable to
this Plan;
(d) would cause a fiduciary to maintain the indicia
of ownership of any assets of the Plan outside
the jurisdiction of the district courts of the
United States other than as permitted by section
404(b) of ERISA and related regulations;
(e) would jeopardize the Plan's tax qualified status
under the Code; or
(f) could result in a loss in excess of the Account
balance.
8.8 Accounting Procedures. The Committee shall establish
such equitable accounting procedures as may be required to make
(a) allocations, (b) valuations, and (c) adjustments to Partici-
pants' accounts in accordance with the provisions of the Plan.
The Plan Administrator may modify its accounting procedures, from
time to time, for the purpose of achieving equitable and non-
discriminatory allocations.
ARTICLE IX
BENEFITS
9.1 Normal Retirement Date. The Normal Retirement Date
shall be the later of (a) the Participant's Normal Retirement Age
or (b) the first day of the month coincident with or next
following a Participant's fourth anniversary of commencement of
participation in the Plan. Any Participant who remains an
Employee beyond Normal Retirement Date, or becomes a Participant
after such date, shall participate in the contributions and
benefits of the Plan in the same manner as any other Participant.
9.2 Disability Retirement Date. Any Participant who has
incurred a Disability, as determined by the Committee, may retire
on a Disability Retirement Date by making written application to
<PAGE>
the Committee specifying a Disability Retirement Date which is
the first day of a month not more than 90 days following the date
of the filing of the application. Former Employees shall not be
eligible for Disability Retirement unless the Disability was
determined to have occurred during the course of such former
Employee's employment with the Employer. Subject to Section 12.6
the determination of the Committee as to whether a Participant
has a Disability and the date of such Disability shall be final,
binding and conclusive.
9.3 Nonalienation of Benefits. Except with respect to
federal income tax withholding and federal tax levies, benefits
payable under this Plan shall not be subject in any manner to
anticipation, alienation, sale, transfer, assignment, pledge,
encumbrance, charge, garnishment, execution or levy of any kind,
either voluntary or involuntary, including any such liability
which is for alimony or other payments for the support of a
spouse or former spouse or for any other relative of the
Employee, prior to actually being received by the person entitled
to the benefit under the terms of the Plan; and any attempt to
anticipate, alienate, sell, transfer, assign, pledge, encumber,
charge or otherwise dispose of any right to benefits payable
hereunder, shall be void. The Trust Fund shall not in any manner
be liable for, or subject to, the debts, contracts, liabilities,
engagements or torts of any person entitled to benefits
hereunder.
Notwithstanding the above, the Committee shall direct the
Trustee to comply with a qualified domestic relations order
described in Section 9.4.
9.4 Qualified Domestic Relations Order. All rights and
benefits, including election rights, provided to Participants
pursuant to this Plan, are subject to the rights afforded to any
"alternate payee" pursuant to a "qualified domestic relations
order," as those terms are defined below.
Payment to an "alternate payee" pursuant to a "qualified
domestic relations order" shall be made at such time as
determined pursuant to the qualified domestic relations order,
based on the value of the alternate payee's interest in the
account as of the Valuation Date preceding the date the payment
is made. No payment to an alternate payee can be made later than
when the Participant's benefit is paid to him as a result of his
termination of employment. If the Participant has a loan as an
investment of his account, such Participant will continue to be
responsible for the entire loan. The Plan Administrator is
authorized to establish any additional rules necessary to
determine the rights of alternate payees under qualified domestic
relations orders.
Pursuant to the provisions of Section 414(p) of the Code, a
"qualified domestic relations order" shall mean a judgment,
decree or order (including approval of a property settlement
agreement) made pursuant to a state domestic relations law
(including a community property law) that relates to the
provision of child support, alimony payments, or marital property
rights to a spouse, former spouse, child or other dependent of a
Participant ("alternate payee") and which:
<PAGE>
(a) creates or recognizes the existence of an
alternate payee's right to, or assigns to an
alternate payee the right to, receive all or a
portion of the benefits payable to a Participant
under this Plan; and
(b) specifies (i) the name and last known mailing
address (if any) of the Participant and each
alternate payee covered by the order, (ii) the
amount or percentage of the Participant's
benefits under the Plan to be paid to each such
alternate payee, or the manner in which such
amount or percentage is to be determined and,
(iii) the number of payments or the period to
which the order applies; and
(c) does not require this Plan to:
(i) provide any type or form of benefit, or any
option, not otherwise provided hereunder;
(ii) pay any benefits to any alternate payee
prior to the earlier of:
(A) the earliest date benefits are
payable hereunder to a Participant,
or
(B) the later of the date the Participant
attains age 50 or the earliest date
on which the Participant could obtain
a distribution under the Plan if the
Participant terminated employment;
(iii) pay any benefits which are not vested under
the Plan;
(iv) provide increased benefits; or
(v) pay benefits to an alternate payee which
are required to be paid to another
alternate payee under a prior qualified
domestic relations order.
Upon receipt of any judgment, decree or order (including
approval of a property settlement agreement) relating to the
provision of payment by the Plan to an alternate payee pursuant
to a state domestic relations law, the Committee shall promptly
notify the affected Participant and any person identified in the
document as an alternate payee of the receipt of such judgment,
decree order and shall notify the affected Participant and any
such designated alternate payee of the Committee's procedure for
determining whether or not the judgment, decree or order is a
qualified domestic relations order.
The Committee shall establish procedures to determine the
status of a judgment, decree or order as a qualified domestic
relations order and to administer Plan distributions in
accordance with any such qualified domestic relations order. Such
<PAGE>
procedures shall be in writing, shall include provisions
specifying the notification requirements enumerated in the
preceding paragraph, shall permit an alternate payee to designate
a representative for receipt of communications from the
Committee, and shall include such other provisions as the
Committee shall determine, including such provisions required
under Treasury Regulations.
In the event that the Committee is informed in writing of a
claim by a person (a "Claimant") that may result in the rendering
of a qualified domestic relations order with respect to a
Participant's Accounts in the Plan, the Committee is authorized
to suspend any payments from those Accounts until receipt of a
judgment, decree or order setting forth the rights of Claimant as
an alternate payee, or upon receipt of an order or written
release by the Claimant evidencing that the Claimant has no
further claim to the Participant's interest in the Plan.
If the judgment, decree or order is determined to be a
qualified domestic relations order within the 18-month period
following the receipt by the Committee of the qualified domestic
relations order, then payment of the amount shall be paid to the
appropriate alternate payee at the time and in the form specified
in such order. If such a determination is not made within the
18-month period, the amount shall be returned to the
Participant's Accounts under the Plan and shall be paid at the
time and in the manner provided under the Plan as if no order,
judgment or decree had been received by the Committee.
ARTICLE X
PAYMENT OF BENEFITS
10.1 Time of Payment. A Participant shall be eligible to
receive a distribution of his Vested Interest when he has had a
Service Termination Date.
Such a Participant shall be entitled to receive his Vested
Interest at any time, provided that payment cannot be made sooner
than 30 days following his Service Termination Date and no later
than the later of the Participant's Normal Retirement Age or his
Service Termination Date. A distribution is based upon the value
of the Participant's Vested Interest as of the Valuation Date
coincident with or immediately preceding the date of
distribution.
The foregoing notwithstanding:
(a) If the value of a Participant's Vested Interest
is less than $3,500, the Vested Interest will be
distributed as soon as administratively
practicable following the Service Termination
Date;
(b) If the value of a Participant's Vested Interest
is greater than $3,500, the Participant must
consent to the distribution;
(c) Notwithstanding (b) above, if an Employee is
<PAGE>
employed on the March 31 following the year in
which he attains age 70 1/2, the payment of his
Vested Interest shall be made no later than that
date.
In no event shall a distribution occur while a Participant
remains in the employ of an Employer, except in the event of a
withdrawal by reason of Financial Hardship or after age 59 1/2, as
described in Sections 11.1 and 11.2, below.
The distribution rules that apply to an "alternate payee"
pursuant to a "qualified domestic relations order" are stated in
Section 9.4 herein.
10.2 Death Benefit. If a Participant dies with a balance
in his Accounts, the interest of such Participant shall be
distributed to the Participant's Beneficiary in a single-sum
payment as soon as administratively practicable after 90 days
from the Participant's death.
10.3 Form of Distribution. Distributions shall be made in
a single-sum payment.
10.4 Temporary Non-Payment of Benefits.
(a) Unless the Participant elects otherwise in
writing, the payment of his Vested Interest shall
commence no later than the sixtieth (60th) day
after the close of the Plan Year in which the
last of the following occurs:
(i) the Participant achieves Normal Retirement
Age, or
(ii) the Participant terminates his service with
the Employer, whichever is the latest.
(b) If a Participant or Beneficiary fails to furnish
information reasonably requested by the Committee
which is necessary to determine whether such
Participant or Beneficiary has satisfied all
requirements for payment of benefits, the
Committee shall delay payment of benefits until
the requested information is furnished and shall
make reasonable efforts to obtain such
information.
10.5 Direct Rollover Rules. Notwithstanding any provision
of the Plan to the contrary that would otherwise limit a
Distributee's election under this Article, the Distributee may
elect, at the time and in the manner prescribed by the Committee,
to have any portion of an Eligible Rollover Distribution paid
directly to an Eligible Retirement Plan specified by the
Distributee in a Direct Rollover. Definitions are as follows:
(a) The term Eligible Rollover Distribution means any
distribution of all or any portion of the balance
to the credit of the Distributee, except that an
Eligible Rollover Distribution does not include:
<PAGE>
any distribution that is one of a series of
substantially equal periodic payments (not less
frequently than annually) made for the life (or
life expectancy) of the Distributee or the joint
lives (or joint life expectancies) of the
Distributee and the Distributee's designated
beneficiary, or for a specified period of ten
years or more; any distribution to the extent
such distribution is required under Section
401(a)(9) of the Code; and the portion of any
distribution that is not includible in gross
income (determined without regard to the
exclusion for net unrealized appreciation with
respect to employer securities).
(b) An Eligible Retirement Plan includes an
individual retirement account described in
Section 408(a) of the Code, an individual
retirement annuity described in Section 408(b) of
the Code, an annuity plan described in Section
403(a) of the Code, or a qualified trust
described in Section 401(a) of the Code, that
accepts the Distributee's Eligible Rollover
Distribution. However, in the case of an
Eligible Rollover Distribution to the surviving
spouse, an eligible retirement plan is an
individual retirement account or individual
retirement annuity.
(c) The term Distributee includes an employee or
former employee. In addition, the employee's or
former employee's surviving spouse and the
employee's or former employee's spouse or former
spouse who is the alternate payee under a
qualified domestic relations order, as defined in
Section 414(p) of the Code, are Distributees with
regard to the interest of the spouse or former
spouse.
(d) The term Direct Rollover means a payment by the
plan to the eligible retirement plan specified by
the Distributee.
10.6 Notice. The notice required by section 1.411(a)-11(c)
of the Income Tax Regulations must be provided to a Participant
no less than 30 days and no more than 90 days before the date of
distribution. The notice explains a Participant's right to defer
receipt of the distribution if his Vested Interest exceeds
$3,500. A Participant will also receive an explanation of his
distribution options no less than 30 days and no more than 90
days before the date of distribution. The distribution may
commence no less than 30 days after the notice required under
section 1.411(a)-11(c) of the Income Tax Regulations is given,
provided that:
(a) the Committee clearly informs the Participant
that the Participant has a right to a period of
at least 30 days after receiving the notice to
consider the decision of whether or not to elect
<PAGE>
a distribution, and
(b) the Participant, after receiving the notice,
affirmatively elects a distribution.
ARTICLE XI
IN-SERVICE DISTRIBUTION AND LOANS
11.1 Distribution after Attaining Age 59 1/2. A
Participant who is still an Employee and has attained age 59 1/2
shall be entitled to make withdrawal(s) from his Employee-
Deferral Account, Rollover Account and the vested portion of the
Participant's Employer Contribution Account by notifying the
Committee.
11.2 Financial Hardship. Prior to a Participant's
termination of employment or age 59 1/2 he may apply to the
Committee for a withdrawal of funds held in his Rollover
Contribution Account and Employee-Deferral Account on account of
a Financial Hardship. The total of such withdrawals from a
Participant's Employee-Deferral Account shall not exceed the
total of his Employee-Deferral Contributions. The withdrawal
shall be made only under the following conditions:
(a) The withdrawal may be made only to meet one of
the following needs:
(i) Medical expenses described in Code Section
213(d), incurred by the Participant, the
Participant's spouse, or any dependent (as
defined in Code Section 152) of the
Participant;
(ii) Purchase (excluding mortgage payments) of a
principal residence for the Participant;
(iii) Payment for all or a portion of the next
twelve (12) months of post-secondary
education for the Participant, his spouse,
children, or dependents;
(iv) To prevent the eviction of the Participant
from his principal residence or foreclosure
on the mortgage of the Participant's
principal residence; or
(v) Any other need permitted under Code Section
401(k) and the regulations issued
thereunder and authorized by the Committee.
(b) The Participant provides to the Committee a
letter containing the following:
(i) A statement of the amount needed and the
purpose for which it is needed;
(ii) A representation that the expense will not
be paid for by insurance or other source
<PAGE>
specific to the expense, that the
Participant and his spouse (and the
Participant's minor child, if the expense
is for the child's benefit) have no assets
he can liquidate to pay for the expense
without creating a new hardship, and that
ceasing Employee Deferrals will not suffice
to satisfy the needs;
(iii) A representation that the Participant has
not been able to borrow from commercial
sources on reasonable commercial terms in
an amount sufficient to satisfy the need;
and
(iv) A promise that the funds will be used only
for the specified purpose.
(c) The withdrawal cannot exceed the amount necessary
to satisfy the need described at paragraph (a),
plus any amounts necessary to pay federal or
state income taxes or penalties reasonably
anticipated to result from the distribution.
(d) The Participant has obtained all distributions,
other than hardship distributions, and all non-
taxable loans currently available under all
"plans" (as contemplated by U.S. Treasury
Regulation Section 1.401(k)-1(d)(2)(iii)),
maintained by the Employer.
(e) The Participant shall not be allowed to make
Employee-Deferral Contributions until the Entry
Date next following the 12-month anniversary of
the withdrawal.
(f) The Participant's limit on Employee-Deferral
Contributions in the year immediately following
the year of the withdrawal shall be the limit
under Section 3.4 for that year, less the amount
of the Participant's Employee-Deferral
Contributions made in the year of the hardship
withdrawal.
11.3 Loans to Participant. A Participant who is an
Employee may make a loan from the Plan, subject to the following
rules and limitations:
(a) The total amount of a Participant's loan when
added to the outstanding balance of all the
Participant's prior loans from the Plan during
the one year period ending the day before the
loan is made shall not exceed $50,000, nor shall
the total amount of the loan when added to the
outstanding balance of the Participant's loans
under the Plan exceed one-half the Participant's
Vested Interest under the Plan. Amounts set
aside for an alternate payee shall not be
included. The Plan Administrator can establish
<PAGE>
uniform nondiscriminatory policies further
limiting the amount or frequency of Employee
loans.
(b) Each loan shall be deemed an investment of the
account of the Participant receiving the loan.
Loan disbursements shall be pro rated across all
funds.
(c) Each loan shall bear a reasonable rate of
interest as determined by the Trustee.
(d) A Participant can have no more than two (2) loans
outstanding at anytime if a Participant makes a
final payment on one of two outstanding loans, a
new loan can be obtained after a 30-day delay
following that final payment.
(e) Each loan may not be less than $1,000.
(f) The Plan Administrator shall provide each loan
applicant with a clear statement of the charges
with respect to each loan transaction. Such
statement shall include the dollar amount and
annual interest rate or the finance charge.
(g) The term of a loan shall be determined by the
Participant but shall not be less than 12 months
or exceed five years.
(h) A loan made pursuant to this Article XI shall be
repaid in accordance with a schedule established
by the Committee which schedule shall call for
payments of interest and amortized payments of
principal over the term of the loan.
(i) Each loan shall be evidenced by the Participant's
promissory note for the amount of the loan,
including interest, payable to the order of the
Trust, and each loan shall be secured by
collateral. The collateral shall consist of the
assignment of the Participant's right, title and
interest in the Participant's Vested Interest in
the Trust.
(j) During paid employment each loan shall be repaid
by withholding from the Participant's pay. Upon
termination of employment, the Participant has 90
days to pay the loan in full. If the Participant
terminates employment and receives an immediate
lump sum distribution, any promissory note held
by the Plan for his account shall be distributed
to him. While on an unpaid leave, the
Participant shall pay to the Trustee all amounts
due on the repayment frequency on which the loan
is amortized. Payments must be made by certified
or bank check. Except as provided in this
Paragraph, the failure to make timely payment of
any one payment causes the full amount of the
<PAGE>
note to become due, and if permitted by law the
note shall be distributed to the Participant.
(k) Repayments shall be credited to the Participant's
accounts out of which the loan was made, and
allocated among the Investment Funds pursuant to
the Participant's most recent allocation
election.
ARTICLE XII
ADMINISTRATION
12.1 Board of Directors. The Board of Directors shall have
the following duties and responsibilities in connection with the
administration of the Plan:
(a) making decisions with respect to contributions to
the Plan;
(b) making decisions with respect to amending or
terminating the Plan;
(c) making decisions with respect to the selection,
retention and removal of the Trustee and the
members of the Committee;
(d) periodically reviewing the performance of the
Trustee and the members of the Committee; and
(e) performing such additional duties as are imposed
by law.
The Board of Directors will have all powers and authority
necessary or appropriate to carry out its duties and
responsibilities with respect to the administration of the Plan.
The Board of Directors may by written resolution allocate its
duties and responsibilities to one or more of its members or
delegate such duties and responsibilities to any other persons,
provided, however, that any such allocation or delegation shall
be terminable upon such notice as the Board of Directors deems
reasonable and prudent under the circumstances.
12.2 401(k) Administrative Committee. The 401(k)
Administrative Committee (the "Committee") shall administer the
Plan and is designated as the "administrator" within the meaning
of Section 3(16) of ERISA. The Committee shall have not less
than three nor more than five members, who shall be appointed by
the Board of Directors and who may be removed by the Board of
Directors at any time with or without cause. A Committee member
may resign at any time by filing his written resignation with the
Board of Directors.
All members of the Committee are designated as agents of the
Plan for the service of legal process.
The Company will notify the Trustee in writing of each
Committee member's appointment, and the Trustee may assume such
appointment continues in effect until written notice to the
<PAGE>
contrary is given by the Company.
12.3 Committee's Duties and Responsibilities. The
Committee shall have the following duties and responsibilities in
connection with the administration of the Plan:
(a) interpreting and construing the provisions of the
Plan;
(b) determining all questions of eligibility to
participate, eligibility for benefits, the
allocation of contributions, and the status and
rights of Participants, Beneficiaries and
alternate payees;
(c) complying with the reporting and disclosure
requirements established by ERISA;
(d) determining and deciding any dispute arising
under the Plan and administering the Plan's
claims procedures;
(e) directing the Trustee concerning all payments to
be made out of the Trust in accordance with the
provisions of the Plan;
(f) establishing procedures for withholding of
federal income tax from distributions;
(g) establishing procedures to prevent the Plan from
engaging in transactions described in Section 406
of ERISA and transactions described in Section
4975(c) of the Code;
(h) establishing equitable accounting methods and
designating additional Valuation Dates;
(i) communicating with Participants, Beneficiaries
and alternate payee;
(j) reviewing the investment performance of the
Trustee;
(k) reviewing the performance of any advisors
appointed by the Committee;
(l) selecting and reviewing selected investment
funds;
(m) making recommendations to the Board of Directors
with respect to the amendment or termination of
the Plan; and
(n) keeping minutes to record its proceedings, acts
and decisions pertaining to the administration of
the Plan.
12.4 Committee's Powers. The Committee will have all
powers and authority necessary or appropriate to carry out its
<PAGE>
duties and responsibilities with respect to the operation and
administration of the Plan. It shall interpret and apply all
provisions of the Plan and may supply any omission or reconcile
any inconsistency or ambiguity in such manner as it deems
advisable, including the adoption of interpretative memoranda.
All determinations and any actions of the Committee will be
conclusive and binding upon all persons, except as otherwise
provided herein or by law; provided, however, that the Committee
may revoke or modify a determination or action previously made in
error. The Committee shall exercise all powers and authority
given to it in a nondiscriminatory manner, and will apply uniform
administrative rules of general application in order to assure
similar treatment to persons in similar circumstances.
The Committee may delegate to any such agent or any sub-
committee or member of the Committee its authority to perform any
duty or responsibility specified in Section 12.3, including those
matters involving the exercise of discretion, provided that such
delegation shall be subject to revocation at any time at the
discretion of the Committee. Any member of the Committee, any
sub-committee or agent to whom the Committee delegates any
authority, and any other person or group of persons, may serve in
more than one fiduciary capacity (including service as both
Committee member and Trustee) with respect to the Plan.
Any action or decision concurred in by a majority of the
Committee members, either at a meeting or in writing without a
meeting, will constitute an action or decision of the Committee.
The Committee may adopt and amend such rules for the conduct of
its business and administration of the Plan as it deems
advisable.
12.5 Chairman of the Committee. The Committee shall elect
any Committee member to serve as Chairman, and may remove him at
any time. The Chairman, or a majority of the Committee members
then in office, will have the authority to execute all
instruments or memoranda necessary or appropriate to carry out
the actions and decisions of the Committee; and any person may
rely upon any instrument or memoranda so executed as evidence of
the Committee's action or decision indicated thereby.
12.6 Claims Review Procedure. If a Participant
(Beneficiary or alternate payee) believes a benefit or
distribution is due under the Plan, he may request the
distribution of such benefit, in writing, on forms acceptable to
the Committee. At such time, the Participant (or Beneficiary)
will be given the information and materials necessary to complete
any request for the distribution of a benefit.
If the request for distribution is disputed or denied, the
following action shall be taken:
(a) First, the Participant (or Beneficiary) will be
notified, in writing, of the dispute or denial as
soon as possible (but no later than 90 days)
after receipt of the request for a distribution.
The notice will set forth the specific reasons
for the denial, including any relevant provisions
of the Plan. The notice will also explain the
<PAGE>
claims review procedure of the Plan.
(b) Second, the Participant (or Beneficiary) shall be
entitled to a full review of his request for a
distribution. A Participant (or Beneficiary)
desiring a review of the dispute or denial must
request such a review, in writing, no later than
60 days after notification of the dispute or
denial is received. During the review, the
Participant (or Beneficiary) may be represented
and will have the right to inspect all documents
pertaining to the dispute or denial. Any such
review may include a hearing for the Participant
or his designated representative.
(c) The Committee shall render its decision within 60
days after receipt of the request for the review.
In the event special circumstances require an
extension of time, the Committee shall notify the
Participant (or Beneficiary), and the decision
will be rendered no later than 120 days after the
receipt of the request. The decision of the
Committee shall be in writing. The decision
shall include specific reasons for the action
taken and specific references to the Plan
provisions on which the decision is based.
12.7 Information from Participants, Beneficiaries and
Alternate Payees. Each Participant, Beneficiary and alternate
payee shall be required to furnish to the Committee, in the form
prescribed by it, such personal data, affidavits, authorization
to obtain information, and other information as the Committee may
deem appropriate for the proper administration of the Plan.
12.8 Actions. Any action taken by the Plan Administrator
or Committee on matters within its discretion shall be final and
binding on the parties and on all Participants, Beneficiaries or
other persons claiming any right or benefit under the Plan, in
the Trust, or in the administration of the Plan.
All decisions of the Plan Administrator or Committee shall
be uniform and made in a nondiscriminatory manner.
12.9 Bond. The Company shall purchase a bond for the Plan
Administrator or Committee and any other fiduciaries of the Plan
in accordance with the requirements of the Code and ERISA.
12.10 Indemnification. The Company shall defend and
indemnify to the full extent permitted by law (including ERISA),
which indemnification shall include, but not be limited to,
attorney's fees and any tax imposed as a result of a claim
asserted by any person, persons or entity (including a
governmental entity), any individual serving as a member of the
Committee made or threatened to be made a part to any action,
suit or proceeding, whether criminal, civil, administrative or
investigative, by reason of the fact that such individual is or
was a member of the Committee.
<PAGE>
ARTICLE XIII
AMENDMENT OF THE PLAN
13.1 Right to Amend or Suspend Contributions. Subject to
the provisions of Section 13.3, the Board of Directors reserves
the right to amend the Plan or Trust or suspend contributions to
the Plan, in whole or in part, at any time and for any reason
without the consent of any Participating Employer, Participant,
Beneficiary, or alternate payee. Each amendment of the Plan
shall be in writing, executed by order of the Board of Directors
and shall be effective on the date specified therein. Notice of
any amendment, modification or suspension of contributions to the
Plan shall be given by the Board of Directors to the Committee,
the Trustee, and to all Participating Employers.
13.2 Amendment by Committee. Notwithstanding Section 13.1
the Committee may adopt any amendment which may be necessary or
appropriate to facilitate the administration, management and
interpretation of the Plan or to conform the Plan thereto, or to
qualify or maintain the Plan and Trust as a plan and trust
meeting the requirements of Sections 401(a), 501(a), 401(k) and
401(m) of the Code or any other applicable section of law and the
Regulations issued thereunder, provided said amendment does not
have any material effect on the currently estimated cost to the
Employer maintaining the Plan. Such amendment shall be in
writing, executed by a majority of the Committee members and
shall be effective on the date specified therein. Notice of any
amendment by the Committee shall be given to the Board of
Directors, the Trustee and to all Participating Employers within
a reasonable time.
13.3 Restriction on Amendment. No amendment under Sections
13.1 or 13.2 shall:
(a) authorize or permit any part of the Plan assets
(other than such part as is required to pay
taxes, if any, and administrative expenses as
provided in Section 16.16) to be used for or
diverted to purposes other than for the exclusive
benefit of the Participants and that
Beneficiaries and alternate payees under the Plan
prior to the satisfaction of all liabilities of
the Plan; and
(b) deprive a Participant of his nonforfeitable right
to benefits accrued as of the date of such
amendment. If the vesting schedule of the Plan
is amended in such a way that an Employee might
in any Plan Year have less vesting credit under
the new schedule than under the schedule prior to
the amendment, each Employee with at least three
Years of Service may elect to have his
nonforfeitable percentage computed without regard
to such amendment. The period during which such
election may be made shall commence with the date
the amendment is adopted and shall end on the
later of (i) sixty days after the amendment is
adopted, (ii) sixty days after the amendment
becomes effective, or (iii) sixty days after the
<PAGE>
Employee or Participant is provided with written
notice of the amendment.
13.4 Retroactivity. Any amendment or modification of any
provisions of the Plan may be made retroactively if necessary or
appropriate to qualify or maintain the Plan or the Trust as a
plan and trust meeting the requirements of Section 401(a),
501(a), 401(k), or 401(m) of the Code or any other applicable
section of law (including ERISA) and the Regulations issued
thereunder.
13.5 Merger. The Plan may be merged or consolidated with,
or its assets and liabilities may be transferred to any other
plan only if the benefits which would be received by a
Participant in the event of a termination of the Plan immediately
after such transfer, merger or consolidation are at least equal
to the benefit such Participant would have received if the Plan
had terminated immediately prior to the transfer, merger or
consolidation.
ARTICLE XIV
TERMINATION OF THE PLAN
14.1 Events Constituting Termination. It is expressly
declared to be the desire and intention of each Participating
Employer to continue the Plan in existence for an indefinite
period of time. However, circumstances not now anticipated or
foreseeable may arise in the future, as a result of which a
Participating Employer may deem it impractical or unwise to
continue the Plan established hereunder, and each Participating
Employer therefore reserves the right to terminate the Plan at
any time insofar as it affects its Employees. Any Participating
Employer may terminate its participation in the Plan by action of
its board of directors. Such termination shall be evidenced by
an instrument of termination executed by an officer of the
Participating Employer pursuant to authorization by its board of
directors and shall be delivered to the Board of Directors, the
Committee and to each other Participating Employer. To the
maximum extent permitted by ERISA, the termination of the Plan as
to any Participating Employer shall not in any way affect any
other Participating Employer's participation in the Plan.
With respect to any Participating Employer which has adopted
the Plan, its adjudication of bankruptcy or insolvency by any
court of competent jurisdiction, its making of a general
assignment for the benefit of creditors, its dissolution, merger,
consolidation, other reorganization or discontinuance of
business, unless coverage for its Employees under the Plan is
continued by a successor company, or its complete discontinuance
of contributions, shall operate to terminate the Plan with
respect to such Participating Employer.
The Committee may require any Participating Employer to
withdraw from the Plan for failure of the Participating Employer
to make proper contributions or to comply with any other
provision of the Plan.
14.2 Partial Termination. Upon the withdrawal of one or
<PAGE>
more Participating Employers or upon the termination of active
participation of a group of Employees, the Committee shall
determine, upon the advice of counsel to the Plan and under
applicable law, whether a partial termination has occurred with
respect to a group of Participants.
14.3 Disposition of Accounts After a Termination. Upon
termination or partial termination of the Plan or upon complete
discontinuance of contributions, the Accounts of all affected
Participants shall become fully vested and nonforfeitable. Upon
the termination or partial termination or upon complete
discontinuance of contributions, the Committee shall continue to
administer the Plan, the Trustee shall continue to administer the
Trust Fund, and all payments to Participants shall continue in
accordance with the provisions of Article X; provided, however,
that in the event of a partial termination the Committee may
direct the Trustee to segregate the assets attributable to the
Accounts of the affected Participants and apply such segregated
assets for the benefit of such Participants.
After a Plan termination, the assets of the Plan shall be
distributed to the Participants (and others for whose benefits
accounts are then maintained) at such time as the Committee
determines. No distribution shall be made of Employee-Deferral
Account balances as a result of a termination of the Plan unless
the Plan is terminated without the establishment or maintenance
of another defined contribution plan, as provided in Code
Sections 401(k)(2)(B)(i)(II) and 401(k)(10)(A)(i).
Notwithstanding the foregoing paragraph, upon or after the
termination of the Plan, the Board of Directors shall have the
power to terminate the Trust.
14.4 Internal Revenue Service Approval for Distribution.
In the event that the Committee applies to the Internal Revenue
Service for a determination that the termination of the Plan does
not disqualify it, no person shall have any right or claim to any
assets of the Trust Fund before the Internal Revenue Service
shall determine that the Plan is qualified through the proposed
distribution of assets under this Article XIV.
ARTICLE XV
STAND-BY TOP-HEAVY PROVISIONS
15.1 Top Heavy Plan. The Plan will be considered a Top
Heavy Plan for any Plan Year if it is determined to be a Top
Heavy Plan as of the last day of the preceding Plan Year.
Notwithstanding any other provisions in the Plan, the provisions
of this Article XV shall apply and supersede all other provisions
in the Plan with respect to a Plan Year for which the Plan is a
Top Heavy Plan.
15.2 Definitions. For purposes of this Article XV and as
otherwise used in this Plan, the following terms shall have the
meanings set forth below:
(a) "Aggregation Group" shall mean the group composed
of each qualified retirement plan of a
<PAGE>
Participating Employer or an Affiliated Company
in which a Key Employee is a Participant and each
other qualified retirement plan of a
Participating Employer or an Affiliated Company
which enables a plan of a Participating Employer
or an Affiliated Company in which a Key Employee
is a Participant to satisfy Sections 401(a)(4) or
410 of the Code. In addition, the Company may
choose to treat any other qualified retirement
plan as a member of the Aggregation Group if such
Aggregation Group will continue to satisfy
Sections 401(a)(4) and 410 of the Code with such
plan being taken into account.
(b) "Key Employee" shall mean a "Key Employee" as
defined in Section 416(i)(1) and (5) of the Code
or Regulations. For purposes of determining which
employee is a Key Employee, compensation shall
mean "compensation" as defined in Section 1.415-
2(d) of the Regulations but including employer
contributions made pursuant to a salary reduction
arrangement.
(c) This Plan shall be a "Top Heavy Plan" for any
Plan Year if, as of the Determination Date (as
defined in paragraph (d) below), the aggregate of
the Accounts under the Plan for Participants who
are Key Employees (as defined in paragraph (b),
above) exceeds 60% of the aggregate of the
Accounts of all Participants or if this Plan is
required to be in an Aggregation Group (as
defined in paragraph (a), above) which for such
Plan Year is a top-heavy group.
(d) "Determination Date" means for any Plan Year the
last day of the immediately preceding Plan Year.
15.3 Vesting. If the Plan is a Top Heavy Plan with respect
to any Plan Year, the Vested Interest of each Participant who has
performed one Hour of Service on or after the date the Plan
becomes a Top Heavy Plan shall not be less than the percentage
determined in accordance with the following vesting schedule:
----------------------------------------
Years of Service Vested Interest
Less than 2 years 0%
2 years but less than 3 20%
3 years but less than 4 40%
4 years but less than 5 60%
5 years but less than 6 80%
6 years or more 100%
The following additional rules shall apply:
(a) The Top-Heavy vesting schedule set forth in this
Section shall apply to the entire balance of such
accounts, including benefits which accrued before
the Plan became Top-Heavy.
<PAGE>
(b) In the event the Plan ceases to be Top-Heavy, the
vested and nonforfeitable percentage of each
Participant's Employer Contribution Account shall
not be reduced by a change in the Plan's vesting
schedule.
(c) The Top-Heavy vesting schedule set forth above
shall not apply to the Employer Contribution
Account of any Participant who does not have an
Hour of Service after the Plan initially becomes
Top-Heavy. The vested interest of such
Participant in his or her Employer Contribution
Account shall be determined without regard to
this Section.
(d) If the Plan ceases to be Top-Heavy, the vesting
schedule set forth in this Section shall apply to
all Employer Contributions attributable to Plan
Years after the Plan ceases to be Top-Heavy.
Such change in the vesting schedule shall be
treated as an amendment and the provisions of
Section 13.3 shall apply.
15.4 Minimum Contribution. For each Plan Year that the
Plan is a Top Heavy Plan, the Employer Contribution (including
forfeitures but excluding rollovers pursuant to Section 3.8)
allocable to the Accounts of each Participant who has performed
an Hour of Service at the end of the Plan Year and who is not a
Key Employee, shall not be less than the lesser of (i) 3% of such
Participant's compensation, within the meaning of Section 415 of
the Code, or (ii) the percentage at which contributions and
forfeitures for such Plan Year are made and allocated on behalf
of the Key Employee for whom such percentage is the highest.
Such allocation shall be made for each Participant who is not a
Key Employee and who is employed by the Employer through the last
payroll period ending within the Plan Year. For the purpose of
determining the appropriate percentage under clause (i), all
defined contribution plans required to be included in an
Aggregation Group shall be treated as one plan. Clause (ii)
shall not be applicable if the Plan is required to be included in
an Aggregation Group which enables a defined benefit plan also
required to be included in said Aggregation Group to satisfy
Sections 401(a)(4) or 410 of the Code. Compensation, for
purposes of determining a minimum contribution, is Section 415
Compensation.
15.5 Limitations on Contributions. For each Plan Year that
the Plan is a Top Heavy Plan, 1.0 shall be substituted for 1.25
as the multiplicand of the dollar limitation in determining the
denominator of the defined benefit plan fraction and of the
defined contribution plan fraction for purposes of Section 415(e)
of the Code. If, after substituting 90 percent for 60 percent
wherever the latter appears in Section 416(g) of the Code, the
Plan is not determined to be a Top Heavy Plan, the provisions of
this Section 15.5 shall not be applicable if the minimum Employer
Contribution (including forfeitures) allocable to the Accounts of
any Participant who is not a Key Employee is determined by
substituting "4" for "3". If the Participant is a participant in
both a defined contribution plan and a defined benefit plan, the
<PAGE>
benefit from the defined contribution plan minimum shall be
comparable to a 3% defined benefit plan benefit.
15.6 Other Plans. The Committee shall, to the extent
permitted by the Code and in accordance with the Regulations,
apply the provisions of this Article XV by taking into account
the benefits payable and the contributions made under any other
plans maintained by a Participating Employer or Affiliated
Company which are qualified under Section 401(a) of the Code to
prevent inappropriate omissions or required duplication of
minimum benefits or contributions by making a comparability
analysis to prove that the defined contribution plan is providing
a benefit at least equal to the minimum benefit under the defined
benefit plan.
ARTICLE XVI
GENERAL PROVISIONS
16.1 Plan Voluntary. Although it is intended that the Plan
shall be continued indefinitely, this Plan is entirely voluntary
on the part of the Participating Employers and the continuance of
this Plan and the payment of contributions hereunder are not to
be regarded as contractual obligations of the Participating
Employers. The Plan shall not be deemed to constitute a contract
between a Participating Employer and any Employee or to be a
consideration for, or an inducement for, the employment of an
Employee by an Employer. Nothing contained in the Plan shall be
deemed to give any Employee the right to be retained in the
service of an Employer or to interfere with the right of an
Employer to discharge or to terminate the service of any Employee
at any time without regard to the effects such discharge or
termination may have on any rights under the Plan.
16.2 Payments to Minors and Incompetents. If a
Participant, Beneficiary or alternate payee entitled to receive
any benefits hereunder is a minor or is deemed by the Committee,
or is adjudged, to be legally incapable of giving valid receipt
and discharge for such benefits, such benefits will be paid to
such person or institution as the Committee may designate or to
the duly appointed guardian. Such payment shall, to the extent
made, be deemed a complete discharge of any liability for such
payment under the Plan.
16.3 Missing Payee. The Committee shall retain the address
of each Participant, Beneficiary or alternate payee. Any notice
sent to the last address filed with the Plan Administrator or for
the last address indicated on an Employer's records will be
binding upon a Participant or Beneficiary.
16.4 Required Information. Each Participant shall file
with the Committee such pertinent information concerning himself,
his spouse and his Beneficiary as the Committee may specify, and
no Participant, or Beneficiary, or other person shall have any
rights or be entitled to any benefits under the Plan unless and
until such information is filed by or with respect to him.
16.5 Subject to Trust Agreement. Any and all rights or
benefits accruing to any persons under the Plan shall be subject
<PAGE>
to the terms of the Trust Agreement.
16.6 Communications to Committee. All elections,
designations, requests, notices, instructions, and other
communications from an Employee, a Participant, Beneficiary, or
alternate payee to the Committee required or permitted under the
Plan (i) shall be in such form as is prescribed from time to time
by the Committee, (ii) shall be mailed by first-class mail or
delivered to such location as shall be specified by the
Committee, and (iii) shall be deemed to have been given and
delivered only upon actual receipt thereof by the Committee at
such location.
16.7 Communications from Employer or Committee. All
notices, statements, reports and other communications from an
Employer or the Committee to any Employee, Participant,
Beneficiary or alternate payee shall be deemed to have been duly
given when delivered to, or when mailed by first-class mail,
postage prepaid and addressed to, such Employee, Participant,
Beneficiary or alternate payee at his address last appearing on
the records of the Committee or Company, or when posted by the
Company or the Committee as permitted by law.
16.8 Action. Except as may be specifically provided
herein, any action required or permitted to be taken by an
Employer may be taken on behalf of the Employer by any authorized
officer of the Employer.
16.9 Liability for Benefits. Neither the Trustee, the
Employers, the Committee nor the Plan Administrator guarantee the
Trust from loss or depreciation, nor do they guarantee any
payment to any person. The liability of the Trustee, the
Employers, the Committee and the Plan Administrator to make any
payment is limited to the available assets of the Trust.
16.10 Named Fiduciary. The "named fiduciaries" of the Plan
within the meaning of ERISA Section 403 shall be (a) the
Employer, (b) the Plan Administrator, (c) the Trustee, and
(d) the Committee.
16.11 Gender. Whenever used in the Plan the masculine
gender includes the feminine.
16.12 Captions. The captions preceding the sections of the
Plan have been inserted solely as a matter of convenience and in
no way define or limit the scope or intent of any provisions of
the Plan.
16.13 Applicable Law. The Plan and all rights thereunder
shall be governed by and construed in accordance with ERISA and
the laws of the State of Louisiana.
16.14 Reversion of Employer Contributions. In no event
shall the assets of the Plan revert to the benefit of the
Employer. Notwithstanding any provision of the Plan to the
contrary, however, all contributions by Employers are conditioned
upon the deductibility of such contribution under Code Section
404. To the extent that a deduction is disallowed for an
Employer's contribution, the Trustee shall return the principal
<PAGE>
amount of such contribution upon the demand of the Employee. Any
such demand shall be made within one year following the final
determination of the disallowance.
Further, notwithstanding any provision of the Plan to the
contrary, any contribution which is made by the Employer on
account of a good faith mistake of fact may be returned to the
Employer. The Employer shall notify the Trustee, in writing, of
such mistake within one year of the contribution. The Trustee
shall return the principal amount of the Employer Contribution as
soon as possible, but in any event within 60 days after written
notification by the Employer.
The maximum amount that may be returned to an Employer in
the case of a mistake of fact or the disallowance of a deduction
is the excess of (a) the amount contributed, over, as relevant,
(b)(i) the amount that would have been contributed had no mistake
of fact occurred, or (ii) the amount that would have been
contributed had the contribution been limited to the amount that
is deductible after any disallowance by the Internal Revenue
Service. Earnings attributable to the excess contribution may
not be returned to the Employer, but losses attributable thereto
must reduce the amount to be so returned. Furthermore, if the
withdrawal of the amount attributable to the mistaken or
nondeductible contribution would cause the balance of the
individual account of any Participant to be reduced to less than
the balance which would have been in the account had the mistaken
or nondeductible amount not been contributed, then the amount to
be returned to the Employer must be limited so as to avoid such
reduction.
16.15 Expenses. All expenses of administration shall be
paid from the Trust unless paid directly by the Employer. The
Employer may reimburse the Trust for any administrative expense
paid by the Trust; such reimbursement shall not be treated as an
Employer Contribution under the terms of the Plan.
EXECUTED in multiple originals in New Orleans, Louisiana,
effective as of the 20th day of September, 1996.
---- ---------
WITNESSES: AVONDALE INDUSTRIES, INC.
/s/ JACKIE H. WALKER BY: /s/ THOMAS M. KITCHEN
-------------------- ---------------------
/s/ BL HICKS
------------
<PAGE>
ACKNOWLEDGMENT
STATE OF LOUISIANA
PARISH OF ORLEANS
BEFORE ME, the undersigned Notary Public, personally came
and appeared Thomas M. Kitchen, who being by me sworn did
-----------------
depose and state that he signed the foregoing Avondale
Industries, Inc. 401(k) Savings Plan as a free act and deed on
behalf of Avondale Industries, Inc. for the purposes therein set
forth.
BY: /s/ THOMAS M. KITCHEN
---------------------
Print Name: Thomas M. Kitchen
-----------------
Title: VP & CFO
--------
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 23rd DAY
----
OF September, 1996.
---------
/s/ A. BLOMKALNS
----------------
NOTARY PUBLIC
<PAGE>
Appendix "A"
Participating Employers
The following Participating Employers have entered under
this Plan as of the following dates:
-----------------------------------------------------------------
Participating Employer Date of Participation
-----------------------------------------------------------------
Avondale Gulfport Marine Inc. January 1, 1996
Avondale Industries of New York, Inc. January 1, 1996
Avondale Services Corp. January 1, 1996
Avondale Shipyards of Texas, Inc. January 1, 1996
Avondale Transportation Company, Inc. January 1, 1996
Avondale Enterprises, Inc. January 1, 1996
Avondale Construction Management, Inc. January 1, 1996
AMENDMENT NUMBER ONE
TO
AVONDALE INDUSTRIES, INC.
401(K) SAVINGS PLAN
WHEREAS, Avondale Industries, Inc., ("Employer") is the
sponsor of the Avondale Industries, Inc. 401(k) Savings Plan (the
"Plan") which was adopted effective January 1, 1996;
WHEREAS, the Plan can be amended by the Employer.
WHEREAS, it is desirable to amend the Plan as required or
allowed by the Family and Medical Leave Act of 1993, the
Uniformed Services Employment and Reemployment Rights Act of
1994, and the Small Business Job Protection Act of 1996; to
clarify the employees who are eligible to participate; to
change "Year of Service" from an elapsed time method to an
Hours of Service method; and to make further clarifications:
NOW, THEREFORE, as authorized by Section 13.1, the Plan is
hereby amended, effective as of the date executed, unless
stated otherwise, as follows:
I.
The family aggregation rules under Code Sections 401(a)(17)
and 414(q)(6) are hereby deleted for all Plan Years
beginning after 1996. This applies to the last two
sentences of the last paragraph of Section 1.9,
Compensation, and the sixth paragraph of Section 1.23,
Highly Compensated Employee. These provisions continue to
apply for Plan Years beginning prior to January 1, 1997.
II.
Article I, Section 1.9, Compensation is amended, effective
January 1, 1996, to add the following paragraph at the end,
to read as follows:
The Compensation of a Returning Veteran
for a prior year in which a makeup
contribution is required under the Uniformed
Services Employment and Reemployment Rights
Act shall be (a) the pay the Returning
Veteran would have received if not in the
Uniformed Services (including wage increases
and bonuses) or (b) if it is not "reasonably
certain" what the pay rate during the
Uniformed Services would have been, the
Returning Veteran's average earnings during
the twelve months (or shorter period, if
applicable) prior to the Service in the
Uniformed Services.
<PAGE>
III.
Article I, Section 1.9(b) is amended, effective January 1,
1997, to add the following sentence at the end:
Beginning in Plan Year 1997, the
reference to an Employee's Section 415
Compensation includes any amount an Employee
contributes to a qualified plan under Section
401(k) or Section 125 of the Code.
IV.
Article I, Section 1.12 is amended and restated to read as
follows:
1.12 An Eligible Employee shall mean any
Employee of a Participating Employer;
provided, however, that an Eligible Employee
shall not include: (a) any Employee who is
included in a unit of employees covered by a
negotiated collective bargaining agreement
which does not provide for his participation
in this Plan; (b) any Employee who is
providing services pursuant to an oral or
written contract or leasing arrangement with
an unrelated employer, including any Employee
who under a Participating Employer's standard
personnel practices, is deemed a
subcontractor or a leased employee; (c) any
Employee who is a Leased Employee; (d) any
Employee who, under a Participating
Employer's standard personnel practices, is
deemed an independent contractor (without
regard to such person's status for Federal
income tax purposes and without regard to any
subsequent determination that such person is
a common law employee) and (e) any Employee
who, under a Participating Employer's
standard personnel practices, is deemed a
contractor, jobber, or a consultant. All
determinations shall be made in the sole
discretion of the Participating Employer in a
uniform non-discriminatory manner.
V.
Article I, Section 1.13, Employee, is amended and restated
to read as follows:
1.13 Employee shall mean any person who
is employed by a Participating Employer or
Non-Participating Employer as a common law
employee receiving remuneration subject to
withholding for purposes of the Federal
Insurance Contribution Act (except that
Leased Employees as described in Section
414(n)(2) of the Code shall be considered
Employees solely for purposes of determining
<PAGE>
whether the requirements of Section 414(n)(3)
of the Code are satisfied). A director of
the Company is not eligible for participation
in the Plan unless he is also an Employee.
VI.
Article I is amended to add Section 1.20A, effective with
respect to each Employee as of the first Employment Year
beginning on or after January 1, 1997, to read as follows:
1.20A Employment Year shall mean the
twelve consecutive month period of employment
commencing on the date the Employee performs
his first Hour of Service for the Employer
and each anniversary thereof.
VII.
Article I, Section 1.23, Highly Compensated Employee, is
amended, effective January 1, 1997, to add the following
paragraph at the end, to read as follows:
Highly Compensated Employee, as
determined for any Plan Year after the Plan
Year ending December 31, 1996, means any
Employee who (a) was a 5% owner (as defined
at Section 416(i)(1)(B)(i) of the Code) at
any time during the current year or the
previous year or (b) received Compensation in
excess of $80,000 (as adjusted after 1997
under Code Section 414(q)(1)) in the
preceding Plan Year and was one of the
highest-paid 20% of Employees.
VIII.
Article I, Section 1.24, Hour of Service, is amended to add
a new paragraph (d), effective January 1, 1996, to read as
follows:
(d) If an Employee is absent from his
or her employment with the Employer
for any period on account of
(i) Parental Absence, or (ii) any
period of leave recognized under
the Family and Medical Leave Act of
1993 such Employee shall be
credited with sufficient Hours of
Service (not in excess of 501 in
any Plan Year) so that a Break in
Service does not occur in either
the Employment Year in which such
absence begins (if credit is
required to preclude a Break in
Service in such year) or in the
immediately following Employment
Year (if no credit was awarded in
the preceding year). If a
<PAGE>
Returning Veteran was absent from
his or her employment with the
Employer on account of Service in
the Uniformed Services, the
Returning Veteran shall be credited
with sufficient Hours of Service so
that a Break in Service does not
occur. For purposes of computing
Hours of Service credited under
this paragraph (d), an Employee
shall be credited with (i) Hours of
Service which would otherwise be
credited to such Employee without
regard to the absence, or (ii) 8
Hours of Service for each day of
the absence. The Committee, in its
sole discretion, may require
(i) evidence that the absence is on
account of a reason enumerated in
this paragraph (d), and
(ii) evidence as to the duration of
the absence.
IX.
Article I, Section 1.24(b), Hour of Service, is amended,
effective January 1, 1996 to delete the phrase "military service"
and to restate the second to the last paragraph, to read as
follows:
To the extent not credited above, Hours of
Service will also be credited, for vesting
purposes, based on the customary work week of
the Employee for periods of Service in the
Uniformed Services (as required by applicable
law).
X.
Article I is amended to add Section 1.24A, to read in its
entirety as follows:
1.24A A Leased Employee shall mean any
person (excluding a person who is a common
law employee of the Participating Employer or
Non-Participating Employer) who, pursuant to
an agreement between a Participating Employer
(or an Affiliated Company) and any other
person ("leasing organization") has performed
services for the Participating Employer (or
an Affiliated Company) and related persons
determined in accordance with Section
414(n)(6) of the Code, on a "substantially
full-time basis" for a period of at least one
year and: for Plan Years after 1996, such
services are performed under the primary
direction or control of a Participating
Employer (or an Affiliated Employer); for
<PAGE>
Plan Years prior to 1997, such services are
of the type historically performed, in the
business field of the Participating Employer
(or an Affiliated Employer) by employees.
A person is considered to have performed
services on a "substantially full-time basis"
for a period of at least one year if:
(a) during any consecutive 12-month period
such person has performed at least 1,500
Hours of Service for the Employer or
(b) during any consecutive 12-month period
such person performed services for the
Employer for a number of Hours of Service at
least equal to 75% of the average number of
hours that are customarily performed by an
employee of the Employer in the particular
position.
Such a person will not be a Leased
Employee if the person (a) is covered by a
money purchase pension plan providing (i) a
nonintegrated employer contribution rate of
at least 10% of such person's W-2 wages, (ii)
immediate participation, and (iii) full and
immediate vesting, and (b) provided, the
Leased Employee, determined without regard to
whether such person is a participant in the
above described money purchase plan, do not
constitute more than 20 percent of the
recipient's nonhighly compensated workforce.
In the event that any Leased Employee
subsequently becomes an Eligible Employee,
then unless the Plan is otherwise excluded by
applicable Treasury Regulations from the
requirements of Code Section 414(n), the
total period that such former Leased Employee
provided services to the Participating
Employer shall be treated under the Plan, for
participation eligibility and vesting
purposes as though he had been an Employee of
the Participating Employer or Non-
Participating Employer.
XI.
Article I, Section 1.29, One Year Break in Service or Break
in Service, is amended, effective with respect to each Employee
as of his first Employment Year beginning on or after January 1,
1997, to read as follows:
One Year Break in Service or Break in
Service shall mean an Employment Year in
which a Participant has 500 or less Hours of
Service.
<PAGE>
XII.
Article I, Section 1.31, Participant, is amended and
restated to read as follows:
Participant shall mean (a) any Eligible
Employee who satisfies the participation
requirements set forth in Article II, and
(b) any former Employee on whose behalf an
Account continues to be maintained in the
Plan pursuant to Article II. An Eligible
Employee remains a Participant as long as he
has an Account balance, as provided in
Section 2.2.
In the event the Plan fails to pass the
coverage requirements of Section 410(b) of
the Code for a Plan Year, certain Employees
will be given "Eligible Employee" status in a
number necessary to satisfy the coverage
requirements of Section 410(b) of the Code.
"Eligible Employee" status will be given to
certain Employees beginning first with the
Employee who has both satisfied the
participation requirements of Article II and
has the most recent original employment date
and continuing in descending original
employment date order, to the extent
necessary for the Plan to pass the coverage
requirements of Section 410(b) of the Code.
If two or more Employees have satisfied the
participation requirements of Article II and
have the same original employment date,
Employees will be given "Eligible Employee"
status determined in alphabetical order of
the Employees' last names until the coverage
requirements are met. Coverage under this
paragraph only applies to the year in
question.
XIII.
Article I is amended to add the following Section 1.34A,
effective January 1, 1996, to read in its entirety as follows:
Section 1.34A Returning Veteran means a
reemployed Employee who gave notice to the
Company of his impending service in the
Uniformed Services, (unless such notice was
precluded by military necessity or was
otherwise impossible or unreasonable), and
the cumulative length of absence from the
Company by reason of Service in the Uniformed
Services does not exceed five years.
XIV.
Article I, is amended to add a new Section 1.34B, Required
Beginning Date to read in its entirety as follows:
<PAGE>
1.34B Required Beginning Date shall
mean, effective January 1, 1997, for anyone
other than a 5% owner (as defined in Code
Section 416(i)(1)(B)(i)) April 1st of the
calendar year following the later of (a) the
calendar year in which the employee attains
age 70 1/2, or (b) the calendar year in which
the Employee terminates employment with the
Employer. For Plan Years beginning prior to
January 1, 1997, Required Beginning Date
shall mean April 1st of the calendar year
following the calendar year in which a
Participant attains age 70 1/2.
XV.
Article I is amended to add the following Section 1.34C,
effective January 1, 1996, to read in its entirety as follows:
Section 1.34C Service in the Uniformed
Services means the performance of duty on a
voluntary or involuntary basis in a
"Uniformed Service" and includes: active
duty, active duty for training, initial
active duty for training, inactive duty
training, full-time National Guard duty, and
a period for which a person is absent from a
position of employment for the purpose of an
examination to determine the fitness of the
person to perform any such duty. The
"Uniformed Services" include the Armed
Forces, the Army National Guard, and the Air
National Guard when engaged in active duty
for training, inactive duty training, or
full-time National Guard duty; the
commissioned corps of the Public Health
Service; and any other category of persons
designated by the President of the United
States in time of war or emergency.
XVI.
Article I, Section 1.36, Service Termination Date is deleted
effective with respect to each Employee as of his first
Employment Year beginning on or after January 1, 1997.
XVII.
All references to Service Termination Date throughout the
Plan are changed to termination of employment with the Employer.
XVIII.
Article I, Section 1.42, Year of Service, is amended to read
as follows:
1.42 Year of Service shall mean any
Employment Year beginning on or after January
1, 1997 in which an Employee completes 1000
<PAGE>
Hours of Service with the Employer. An
Employee's Years of Service include all
periods counted as the Employee's Years of
Service earned prior to 1997 under Plan
provisions then in effect.
All the Employee's Years of Service with
the Employer shall be taken into account
including service prior to the year the
Employee meets the definition of Eligible
Employee, for purposes of satisfying the
Plan's eligibility requirements and for
calculating a Participant's Vested Interest
in his Employer Contribution Account unless
such periods of service are disregarded
pursuant to Section 2.3 of the Plan.
XIX.
The phrase "Service Termination Date" in Article II, Section
2.3 is replaced with "terminated employment."
XX.
Article III, Section 3.4, Dollar Limitation, is amended,
effective January 1, 1996, to add the following paragraph at the
end:
However, a Returning Veteran is allowed
to make the Employee Deferrals that he or she
could have made if employed during the period
of Service in the Uniformed Services. The
makeup Employee Deferrals can be made over a
period of years equal to three times the
period of Uniformed Service, not to exceed
five years. The makeup Employee Deferrals
cannot exceed the amount that the Returning
Veteran could have contributed during his
Service in the Uniformed Services, and shall
be deemed to apply to the earliest period of
such service first.
XXI.
Article III, Section 3.6, Non-Discrimination Rules,
paragraph (d) Special Rules in Connection with ADP Testing, is
amended, effective January 1, 1996 to add the following
subparagraph:
(vii)Makeup Employee Deferrals made by a
Returning Veteran shall not be subject
to the ADP test.
XXII.
Article IV, Section 4.1, Matching Contribution, is amended,
effective October 13, 1996, to add the following paragraph at the
end:
<PAGE>
If a Returning Veteran makes makeup
Employee Deferrals described in Section 3.4,
the Company will make the Matching
Contributions, if any, that would have been
made to the account of the Returning Veteran
if he or she had made the Employee Deferrals
in the years to which they apply. The
Returning Veteran will not be eligible for
(i) an allocation of earnings before such
contributions are made, or (ii) forfeitures
allocated during the period of military
service. The allocation of Matching
Contributions will be made no later than the
time allowed under the Internal Revenue
Service's interpretation of the Act.
XXIII.
Article IV, Section 4.2, Forfeitures, is amended and
restated to read as follows:
4.2 Forfeitures. After a forfeiture
occurs, the forfeiture shall be applied to
reduce matching contributions, determined by
the Board of Directors pursuant to Section
4.1, until the forfeitures are used up.
Until applied in this way, the forfeitures
are held in the Trust and will continue to
share in the allocation of earnings.
XXIV.
Article IV, Section 4.5, Discrimination Test - Matching
Contributions, paragraph (d) Special Rules, is amended, effective
January 1, 1996, to add a new subparagraph, to read as follows:
(vi) Makeup Matching Contributions to a
Returning Veteran are not subject to the
ACP test.
XXV.
The last sentence of Article V, Section 5.2, Allocation of
Employer Discretionary Contributions, is deleted.
XXVI.
Article V, Section 5.2, Allocation of Employer Discretionary
Contributions, is amended, effective January 1, 1996, to add the
following at the end of the first paragraph, to read as follows:
The Returning Veteran who is entitled to
an allocation under the Uniformed Services
Employment and Reemployment Rights Act (the
"Act") shall receive an allocation of the
employer contribution that he or she would
have received if he or she had been employed.
The Returning Veteran will not be eligible
for (i) an allocation of earnings before such
<PAGE>
contributions are made, or (ii) forfeitures
allocated during the period of military
service. The allocation will be made no
later than the time allowed under the
Internal Revenue Service's interpretation of
the Act.
27.
Article VI, Section 6.4(a), Forfeitures, is amended and
restated to read as follows:
(a) The non-vested portion of a
Participant's Accounts shall be
forfeited at the end of the Plan
Year in which he incurs 5
consecutive One Year Breaks in
Service, and shall be reallocated
among the Accounts of Active
Participants as provided in Section
4.2.
28.
The last sentence of Article VI, Section 6.6(c)(i) is hereby
deleted.
29.
Article VII, Section 7.3, Annual Additions, is amended,
effective January 1, 1996, to add the following sentence at the
end of the first paragraph:
Makeup contributions by and for
Returning Veterans will be subject to this
limitation with respect to the year to which
the contributions relate, not in the year in
which the contributions are made.
30.
Article X, Section 10.1 is amended and restated, effective
January 1, 1997, to read as follows:
10.1 Time of Payment. A Participant
shall be eligible to receive a distribution
of his Vested Interest when he has terminated
employment.
Such a Participant shall be entitled to
receive his Vested Interest at any time that
he elects, provided that payment cannot be
made sooner than 30 days following his date
of termination and no later than the later of
the Participant's Normal Retirement Age or
his date of termination of employment. A
distribution is based upon the value of the
Participant's Vested Interest as of the
Valuation Date coincident with or immediately
<PAGE>
preceding the date of distribution.
The foregoing notwithstanding:
a. If the value of a Participant's Vested
Interest is less than $3,500, the Vested
Interest will be distributed as soon as
administratively practicable following
the termination date;
b. If the value of a Participant's Vested
Interest is greater than $3,500, the
Participant must consent to the
distribution;
c. A Participant's Vested Interest shall be
distributed no later than the
Participant's Required Beginning Date.
In no event shall a distribution occur while
a participant remains in the employ of an
Employer, except in the event of a withdrawal
by reason of Financial Hardship or after age
59 1/2, as described in Sections 11.1 and
11.2, below.
The distribution rules that apply to an
"alternate payee" pursuant to a "qualified
domestic relations order" are stated in
Section 9.4 herein.
31.
Article XI, Section 11.3, Loans to Participants, is amended,
effective January 1, 1996, to add a new paragraph (l) to read as
follows:
(l) Any loan repayment suspension for a
Participant will not be taken into
account for purposes of Code sections
taxing unpaid loans for any part of any
period during which such Participant is
in the Service in the Uniformed
Services, will not be considered in
testing for discriminatory benefits or
treated as a "prohibited transaction"
between the Plan and Participant.
<PAGE>
IN WITNESS WHEREOF, Avondale Industries, Inc. has caused
this amendment to be executed in multiple originals by its
officers thereunto duly authorized and its corporate seal to be
hereunto affixed, as of the 31st day of December, 1996.
---- --------
WITNESS: AVONDALE INDUSTRIES, INC
/s/ JOY T. RINALDI BY: /s/ THOMAS M. KITCHEN
------------------ ---------------------
Thomas M. Kitchen, Secretary
/s/ JACKIE H. WALKER
--------------------
ATTEST
BL HICKS
--------
(Corporate Seal)
<PAGE>
ACKNOWLEDGMENT
STATE OF LOUISIANA
PARISH OF JEFFERSON
BEFORE ME, the undersigned Notary Public, personally came
and appeared Thomas M. Kitchen, who being by me sworn did
depose and state that he signed the foregoing Amendment
Number One to the Avondale Industries,Inc. 401(k) Savings
Plan as a free act and deed on behalf of Avondale Industries,
Inc. for the purposes therein set forth.
WITNESS:
/s/ JOY T. RINALDI /s/ THOMAS M. KITCHEN
------------------ ---------------------
Thomas M. Kitchen
/s/ JACKIE H. WALKER
--------------------
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 31st DAY
----
OF DECEMBER, 1996.
/s/ A. BLOMKALNS
----------------
NOTARY PUBLIC
SUBCONTRACT FOR LPD-17 CLASS WORK
by and between
AVONDALE INDUSTRIES INC.
and
BATH IRON WORKS CORPORATION
PREAMBLE
This "Subcontract" is made and entered into by and between AVONDALE
INDUSTRIES INC., a corporation organized and existing under the laws of the
State of Louisiana ("Avondale" or "Prime Contractor") and BATH IRON WORKS
CORPORATION, a corporation organized and existing under the laws of the State of
Maine ("BIW" or "Subcontractor").
WHEREAS, the U.S. Naval Sea Systems Command ("NAVSEA", the "Government")
has issued Solicitation No. N00024-96-R-2101 (the RFP) for the design and
construction of up to three (3) vessels of the LPD-17 Class (the "Project"); and
WHEREAS, Avondale and BIW, in view of their complimentary capabilities have
determined that they would mutually benefit from the teaming of their respective
organizations to develop and to submit to NAVSEA a proposal in response to the
RFP (the "Proposal") in accordance with the existing Teaming Agreement dated May
23, 1996 between the parties; and if the Proposal results in a contract award
(the "Contract" or "Prime Contract"), to perform the services and work, and to
provide the supplies required under the Contract, with Avondale acting as the
prime contractor and BIW participating as one of two principal subcontractors;
and,
BATH IRON WORKS COMPANY CONFIDENTIAL
1
<PAGE>
WHEREAS, Avondale has entered into a similar subcontract with the other
principal subcontractor, Hughes Aircraft Company ("Hughes") for enhancing the
respective capabilities of all the parties for a successful Proposal; and
WHEREAS, an objective of the Alliance is the cooperative performance and
completion of the Project for the Government and thereby earning and sharing the
highest possible award fees and incentives;
THEREFORE, in consideration of the premises, and the expectation that
NAVSEA will award the Contract to Avondale, the parties hereto agree to this
Subcontract.
SECTION A SPECIAL PROVISIONS
A-1. AUTHORITY
The existence of this Subcontract is contingent upon the precedent condition of
successful negotiations between NAVSEA and Avondale for the award of the Prime
Contract to Avondale. This Subcontract shall have no force or effect unless and
until Avondale and NAVSEA have executed the Prime Contract.
A-2. RELATIONSHIP OF THE PARTIES
2.1 Pursuant to their Statements of Work (SOW), for the purposes of this
Subcontract, the term "Alliance" shall mean the Avondale/BIW/Hughes
cooperative joint work effort.
2.2 Subcontractor obligations stated in this Subcontract shall be read,
interpreted and understood, to mean the required performance of the
incremental obligations of the Subcontractor pursuant to its Statement of
Work, which performance is sufficient for acceptance by the Government
pursuant to the Prime Contract.
BATH IRON WORKS COMPANY CONFIDENTIAL
2
<PAGE>
2.3 Avondale, as the Prime Contractor, is the principal interface with the
Government for the Alliance. Any communications of a contractual nature
initiated by the Subcontractor with the Government regarding the Project,
whether written or oral, shall be communicated and coordinated in advance
with Avondale. In the event that the Government initiates such communication
with the Subcontractor regarding the Project, Subcontractor will promptly
notify Avondale of the event and the contents of the communications.
2.4 Members of the Alliance accept and endorse the relationship of teaming and
cooperation established between them by this Subcontract. The Alliance
members agree to cooperate and further their mutual interests in completing
the Prime Contract. BIW will make all reasonable, cooperative efforts to
exchange technical information with other Avondale subcontractors to
facilitate performance of the work.
A-3. DELIVERY
Except as specifically indicated otherwise in this Subcontract, and except for
the construction, test and delivery of the third vessel at the Subcontractor's
Bath, Maine shipyard, all deliverables shall be delivered to Avondale's main
shipyard.
A-4. COMPLIANCE WITH LAWS, CERTIFICATIONS AND APPROVALS
Except as otherwise provided in this Subcontract, each party shall be
responsible for obtaining any required certifications and approvals with
respect to such party's Statement of Work from the relevant classification
societies or regulatory bodies having jurisdiction. Each party, for their part,
will be responsible for ensuring compliance with all applicable laws,
regulations, and classification society rules and regulations in the performance
of the work.
BATH IRON WORKS COMPANY CONFIDENTIAL
3
<PAGE>
A-5. PRIME CONTRACT REQUIREMENTS
5.1 Particular provisions of the Prime Contract have been incorporated (either
in full text or by reference) into this Subcontract. For purposes of
Sections B through J, the terms "Contracting Officer", "Contracting
Officer's Representative", "the Government", "the Navy", "NAVSEA",
"Contracting Administration Office", and the like shall mean the Prime
Contractor unless in such context the terms can only refer to the
Government. The incorporated terms "Contractor" or "Offeror" shall mean
Subcontractor unless in such context the term can only refer to the Prime
Contractor. Instructions or requirements for documentation, certification or
other writing reasonably applicable to the Subcontractor, shall be submitted
by the Subcontractor to the Prime Contractor, unless otherwise required by
federal law or by express provision of the Subcontract.
5.2 Any and all clauses or provisions which are required by the Federal
Acquisition Regulation, 48 C.F.R. Part 1 (FAR), the Department of Defense
FAR Supplement ("DFARS"), and the Navy FAR Supplement to be included in the
Prime Contract are hereby incorporated in this Subcontract by reference.
5.3 Notwithstanding any provision of this Subcontract to the contrary, the
following clauses or subclauses shall apply only if the Government shall
exercise its rights under these clauses with respect to the Prime
Contractor.
FAR 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-
PRICE)(SHORT FORM)(APR 1984)(Applies if this contract is
$100,000 or less)
FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED
PRICE)(APR 1984)(Applies if this Contract exceeds $100,000)
PARAGRAPH a.1 of
FAR 52.249-6 TERMINATION (COST-REIMBURSEMENT)(MAY 1986)
DFAR 252.246-7001 WARRANTY OF DATA (DEC 1991)
DFAR 252.227-7030 TECHNICAL DATA-WITHHOLDING OF PAYMENT (OCT 1988)
except as provided in paragraph 5.4 below
BATH IRON WORKS COMPANY CONFIDENTIAL
4
<PAGE>
5.4 With respect to the clause of this Subcontract entitled DFAR 252.227-7030
"Technical Data--Withholding of Payment" the parties agree that the
following limitations will apply if an action is taken hereunder, and the
Government has not taken an associated action under the Prime Contract.
i) If Avondale suffers delay in actual ship construction as a result of
BIW's failure to deliver technical data in accordance with its Subcontract
obligations; and
ii) If Avondale is able to demonstrate harm and provide the specifics of the
delay and the technical data giving rise to the action; and
iii) If BIW's failure is the result of some action or inaction of BIW and
not the result of performance of Avondale or one of its subcontractors; and
iv) If prior to exercising any of its rights pursuant to this clause
Avondale shall notify the Subcontractor by written notice to the contact point
listed in Section G of this subcontract via certified mail. Such notice shall
specify the failure (including identification of the technical data) giving rise
to the intended action. Subcontractor shall be afforded a period of not less
than 10 days from Subcontractor's receipt of the notice to cure the failure
before Avondale shall implement any withholding of funds pursuant thereto.
In the event the conditions specified above exist, then Avondale may exercise
its rights hereunder, however, the amount to be withheld shall not exceed
$500,000 in aggregate for all occurrences.
A-6. ASSIGNMENT AND SUBCONTRACTING
6.1 This Subcontract may not be assigned or otherwise transferred by either
party, in whole or in part, without the express, prior written consent of
the other party, which
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consent shall not be unreasonably withheld. The foregoing shall not apply in
the event either party shall change its corporate name or merge with another
corporation.
6.2 Subject to any approval of the Prime Contractor with respect to Engineering
Services or Structural Unit Fabrication, and any relevant provisions
contained herein, including without limitation any required approvals of the
Government, Subcontractor shall be entitled to subcontract any portion of
its responsibilities under the SOW. Subcontractor shall not by reason of any
such subcontract be relieved of its responsibilities and liabilities under
this Subcontract. In the event of such subcontract, Subcontractor shall
without delay notify Avondale in writing of the name of its proposed
subcontractor and the details of the portion of its SOW to be subcontracted.
A-7. DISPUTES
7.1 If during performance of the Subcontract, disputes arise between the Prime
Contractor and/or the Subcontractor and the Government concerning any of the
work, the parties agree to follow the disputes resolution procedure defined
in FAR clause 52.233-1 (Reference Clause). Either party may assert a claim
arising out of such a dispute with the Government.
7.2 Notwithstanding any provision herein to the contrary, if a decision on any
question arising under the Contract is made by the Contracting Officer and
such question is also related to this Subcontract, said decision, if binding
upon Avondale under the Contract, shall in turn be binding upon the
Subcontractor insofar as it relates to this Subcontract. If Avondale elects
not to appeal such a decision pursuant to the "Disputes" clause in the
Contract, Avondale may permit (and such permission will not be unreasonably
withheld) the Subcontractor to assert in Avondale's name at Subcontractor's
expense, Avondale's right to appeal such a decision under the "Disputes"
clause in the Contract. Any decision upon such an appeal if binding upon
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Avondale under the Contract shall in turn be binding upon Subcontractor
insofar as it relates to this Subcontract. The decision of the Contracting
Officer regarding any such question or subsequent appeal shall be conclusive
between Avondale and Subcontractor except that Avondale may permit (and such
permission will not be unreasonably withheld) Subcontractor to submit the
question to a court of competent jurisdiction if Subcontractor desires to
assert in Avondale's name and at Subcontractor's expense, Avondale's rights
described in the "Disputes" clause of the Contract to have the question
decided by the courts, and any final judgment by the courts, if binding upon
Avondale under the Contract, shall in turn be binding upon Subcontractor
insofar as it relates to this Subcontract.
7.3 It is the intent of the parties to engage in cooperative decision-making
and communication of information as set forth in this Subcontract. In the
event that a dispute arises between Avondale and BIW that cannot be resolved
by the individuals involved in the performance of the Contract, such matter
shall be referred to the highest levels of management of each company for
resolution. Should these individuals be unable to resolve any claim,
controversy or dispute between the parties involving issues of either law or
fact arising under or relating to this Subcontract, it shall be finally
resolved by binding arbitration pursuant to this provision.
7.4 Any arbitration contemplated by this Subcontract shall be conducted in New
York, New York in accordance with the Rules (the "Rules") of the American
Arbitration Association (the "AAA"). The arbitration will be before a panel
of three arbitrators, one selected by Avondale, one selected by BIW, and one
who will be selected by the aforementioned selected arbitrators. Each
arbitrator shall be knowledgeable about the United States shipbuilding
industry and federal procurement laws, regulations and practices, and shall
not have any direct or indirect, past, present, or expected future
association with either or both of the parties, and who shall otherwise be
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neutral. The parties shall share equally the costs of the arbitration as
provided in the Rules of the AAA.
7.5 The decision of the arbitrators shall be rendered in writing and the reasons
shall be given therefore. The decision of the arbitrators shall be final and
conclusive on the parties, unless determined by the United States District
Court for the Southern District of New York to be subject to being vacated,
modified, or corrected on any of the grounds specified or referred to in the
Uniform Arbitration Act, or for "manifest disregard of law" as judicially
defined by that court. Judgment upon an award rendered by the arbitrators
may be entered in any court of competent jurisdiction. Except as
specifically provided for in this clause, or as may be necessary to enforce
an award of the arbitrators, neither party shall institute any action or
proceeding against the other in any court with respect to any claim,
controversy, or dispute which is or could be subject to this provision.
Neither party may interpose any objection to the procedures set forth herein
or otherwise seek directly or indirectly to challenge the application
thereof to any such claim, controversy or dispute, or any decision
thereunder, in any court.
7.6 Pending the final disposition of any arbitration proceeding initiated
pursuant to this provision, the parties shall at all times proceed
diligently with the performance of this Subcontract.
A-8. AMENDMENT/WAIVER
This Subcontract shall not be amended or modified unless set forth in a document
executed by duly authorized representatives of both Avondale and the
Subcontractor. The failure of either party to exercise any right provided under
this Subcontract shall not be deemed to be a waiver of such right for any future
purpose.
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A-9. ENTIRE AGREEMENT AND SEVERABILITY
9.1 This Subcontract contains the entire agreement between the parties with
respect to the Project and supersedes any prior oral or written agreements,
drafts of this agreement, commitments, understandings, or communications with
respect to the Project exclusive of any non-disclosure agreements between the
parties.
9.2 If any part, term, or provision of this Subcontract shall be held void,
illegal, unenforceable, or in conflict with any law of a federal, state or local
government having jurisdiction over this Subcontract, the validity of the
remaining portions or provisions shall not be affected thereby.
9.3 Section headings in this Subcontract are for convenience only and shall
not be used in interpreting any provision hereof.
A-10. ORDER OF PRECEDENCE
In the event of any inconsistency in this Subcontract, the inconsistency shall
be resolved by giving precedence in the order described herein:
1 Section A - Special Provisions
2 Section B - Supplies, Services, and Pricing
3 Section C - Description, Specification, Statement of Work (exclusive
of the Statement of Work)
4 Section D - Packaging and Marking
Section E - Inspection and Acceptance
Section F - Deliveries or Performance
Section G - Contract Administration Data
Section H - Special Contract Requirements
5 Section I - Contract Clauses
6 Statement of Work and Exhibits thereto
7 Section J - List of Attachments
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A-11. CONSEQUENTIAL, SPECIAL, AND INCIDENTAL DAMAGES
No party shall be liable to the other party under this Subcontract for any
claim for loss of profits or consequential, special, punitive or indirect
damages suffered by the other party.
A-12. INDEPENDENT CONTRACTOR
This Subcontract shall not be construed as creating a joint venture, agency,
partnership, or any other form of business organization, nor does it constitute
a merger into any form of corporation or other business enterprise of the Prime
Contractor, the Subcontractor or the Alliance. At all times, each party is and
will remain an independent contractor. Each party is responsible for its own
officers, employees, agents and parent and subsidiary business elements. Except
as otherwise provided expressly in this Subcontract, each party is solely and
separately responsible for its costs, expenses, profits, losses, causes of
action, suits, damages, demands, liabilities, and obligations of any kind
whatsoever.
A-13. LIABILITIES - NOT USED
A-14. RESTRICTIONS ON HIRING
During the term of this Subcontract, the parties agree that the Prime Contractor
and the Subcontractor will not solicit to hire either party's employees who are
assigned to work on the Project, without the prior written approval of the
affected party. There is no restriction on the open solicitation in public
media for recruitment of personnel. No employee, officer, agent, supplier,
subcontractor, or vendor of either party will be restricted from pursuing
employment or business opportunities on their own initiative.
A-15. PAYMENT
This clause applies to payment for work performed under this Subcontract for
CLINS 0001, 0002, 0003, 0004, 0005, 0007, 0009 and 0012 exclusive of award fee
payments, which are covered under Special Provision A-16 - Distribution of Award
Fee.
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15.1 Interim Payments: BIW will submit invoices to Avondale as work progresses,
but not more frequently than once every two weeks, in amounts determined
to be allowable in accordance with Subpart 31.2 of the Federal
Acquisition Regulation (FAR). Avondale will include BIW's invoice in it's
next bill to the NAVSEA and funds will be provided to BIW accordingly.
Invoices will be prepared on a per vessel basis and shall reflect the
total allowable costs in the performance of work, as certified by BIW. For
purposes of this clause, the term "costs" shall include those items listed
in FAR 52.216-7(b). No payment, however, shall be made in an amount that,
when added to the total of all payments previously made, exceeds one
hundred percent (100%) of the cumulative allowable costs certified by BIW.
Each invoice submitted by BIW shall include the following information:
(1) Applicable contract line item numbers (CLIN's)
(2) Date supplies provided or services performed
(3) Costs incurred and allowable by CLIN, as follows:
(a) Cumulative allowable costs incurred (by cost element), less
(b) Previously billed allowable costs, giving
(c) Current billing amount
(4) An estimate at completion (EAC) by CLIN
In addition, BIW will provide, with each invoice, a certificate, signed by
a Company Officer or his designee, verifying, to the best of his knowledge
and belief, the allowability of all billed costs, consistent with FAR
Subpart 31.2. BIW will provide Avondale with a listing of those employees
authorized to sign the certificate that accompanies each invoice. The
certificate will not apply to the CLIN EAC provided with the invoice.
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Prior to submitting the first invoice, BIW shall submit a sample billing
format and sample certificate for review and approval by Avondale.
Avondale and BIW agree that invoice submission and/or payment may take
place electronically. The parties agree to work together to determine the
appropriate means of providing supporting documentation in the event of
such electronic transmissions and/or payments.
15.2 Final Payment: Upon completion of the guarantee period of the final ship
in the contract, BIW will prepare a final invoice by CLIN that
incorporates 1) all allowable costs incurred plus 2) an estimate of
projected allowable costs to complete the contract close-out process. Such
allowable costs shall incorporate indirect costing rates approved by the
Administrative Contracting Officer in connection with BIW's prime
contracts with the Government. Any projected allowable costs shall be
subject to the prior agreement of the Government and approval by Avondale,
which approval shall not be unreasonably withheld.
15.3 Potential Alternative Approach to Payments: Avondale has stated an intent,
which BIW supports, to approach the Government after Contract award to
establish an alternative approach to payments. Under such an alternative
approach, Avondale, with data provided by BIW (and Hughes), would prepare
a "combined invoice," which clearly reflects the allowable costs incurred
by each Alliance member. NAVSEA then would distribute funds directly to
the each party in the amounts specified in the combined invoice. Should
NAVSEA accept this concept in a manner also mutually acceptable to BIW,
Avondale, and Hughes, BIW and Avondale agree to modify Special Provision
A15 to incorporate such an approach.
A-16. DISTRIBUTION OF AWARD FEE
16.1 The award fee, as paid by the Government to the Alliance, shall be
distributed among Avondale, Hughes, and BIW, on the basis of a) earned
value and b)
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performance, as described below. A sample calculation of the formula is
attached as Table 16-1.
a) Earned Value:
Seventy (70) percent of the cumulative award fee payment by the Government
shall be assigned to the Earned Value Pool. The portion of this pool then
distributed to each of Avondale, Hughes, and BIW shall be based on the
Cumulative Earned Value Weighting of each team member. The Cumulative
Earned Value Weighting for each team member shall equal the Cumulative
Earned Value for that team member divided by the sum of Cumulative Earned
Values for all team members. The Cumulative Earned Value for each team
member shall equal the product of 1) the Baseline Value Weighting and 2)
the Cumulative Percent Complete.
. The Baseline Value Weighting for each team member shall
equal to the contractual cost baseline (original contract
award plus signed contract modifications) of that team
member divided by the total contractual cost baseline for
all team members.
. The Cumulative Percent Complete for each team member shall
equal the weighted progress (reflecting labor, overhead,
facilities cost of capital, and material) at the end of the
evaluation period. Such weighted progress for each team
member shall be determined by an earned value system,
approved by the Government in accordance with Department of
Defense Instruction (DODI) 5000.2.
The current amount of the Earned Value award fee component assigned to
each team member shall equal the Cumulative Earned Value Weighting
multiplied by the Cumulative Earned Value Pool (70 percent of the
cumulative award fee paid by the Government) less the prior period
cumulative Earned Value.
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b) Performance:
Thirty (30) percent of the award fee paid by the Government in each period
shall be assigned to the Performance Pool. The portion of this pool then
distributed to teach of Avondale, Hughes, and BIW shall be determined by
normalizing the Weighted Performance Score of each team member. The
Weighted Performance Score for each team member shall equal the product of
1) the Baseline Value Weighting (as defined above) and 2) the Normalized
Performance Score. The Performance Award Fee for each team member shall
equal the product of 1) Weighted Performance Scores of each team member
and 2) the current period performance pool. The Normalized Performance
Score for each team member shall reflect the Performance Scores provided
by the intra-team Performance Evaluation Board (PEB).
16.2 The intra-team PEB shall consist of the Chief Executive Officers from each
of Avondale, Hughes, and BIW. The PEB will meet within three business days
after each Navy award fee session. At the PEB meeting, each CEO will
provide a performance score (from 0 to 100) to each member of the
Alliance. Such scoring shall reflect, in the judgment of each CEO, the
performance of each team member during the evaluation period. For each
evaluation period, the Performance Score shall equal the simple average of
the scores given by members of the PEB. Weighted criteria that each CEO
will use to determine such scoring will be established within 30 days
after the start of the evaluation period via Memorandum of Agreement.
16.3 For each team member, the total award fee payment in any given
evaluation period shall equal the sum of the Earned Value and Performance
components, as calculated above.
16.4 The attached example (Table 16-1) illustrates the calculation described in
this clause. In the event of a conflict between the example and the text
of this clause the example shall take precedence.
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16.5 Within five business days after each PEB meeting, Avondale shall issue to
each of the other team members a contract modification that specifies the
current amount payable, as calculated above. Avondale will then issue
payment to each team member within two business days after receipt of the
funds from the customer.
16.6 The Final Contract Performance Incentive paid by the Government to the
Prime Contractor shall be distributed between Avondale, Bath, and Hughes
as the final percentage determined for the Distribution of Award Fee of
Article 16 of this Subcontract.
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A-17. RECIPROCAL FACILITIES
Avondale and BIW shall provide office facilities at their respective principal
places of business for each others personnel engaged in the Project. Such
facilities shall be equivalent to those provided for its own employees for
similar purposes. These facilities shall include telephone, photocopy machines
and FAX machine access, and the use of other similar office equipment. Each
shall also provide vehicle parking facilities consistent with the facilities
provided for its own employees for similar purposes.
A-18. APPLICABLE LAW
Irrespective of the place of performance, this Subcontract shall be construed
and interpreted according to the federal common law of government contracts. To
the extent that the federal common law of government contracts is not
dispositive, the laws of the State of New York shall apply. Any civil action
pursuant to this Subcontract shall be brought in the United States District
Court for the Southern District of New York.
In witness hereof, the parties hereto have executed this Subcontract on the
indicated dates.
BATH IRON WORKS CORPORATION AVONDALE INDUSTRIES, INC.
By: /s/ Allan C. Cameron By: /s/ Albert L. Bossier, Jr.
--------------------------- ----------------------------
Allan C. Cameron Albert L. Bossier, Jr.
Title: President and Title: Chairman, President and
Chief Executive Officer Chief Executive Officer
Date: 23 June 1996 Date: 24 June 1996
-------------------------- --------------------------
SUBCONTRACT FOR LPD-17 CLASS WORK
By and Between
AVONDALE INDUSTRIES INC.
and
HUGHES AIRCRAFT CO
PREAMBLE
This Subcontract ("Subcontract") is made and entered into by and between
AVONDALE INDUSTRIES INC., a corporation organized and existing under the laws of
the State of Louisiana ("Avondale" or "Prime Contractor") and HUGHES AIRCRAFT
CO, a corporation organized and existing under the laws of the State of Delaware
("Hughes" or "Subcontractor").
WHEREAS, the U.S. Naval Sea Systems Command ("NAVSEA", the "Government") has
issued Solicitation No. N00024-96-R-2101 (the RFP) for the design and
construction of up to three (3) vessels of the LPD-17 Class (the "Project"); and
WHEREAS, Avondale and Hughes, in view of their complimentary capabilities
have determined that they would mutually benefit from the teaming of their
respective organizations to develop and to submit to NAVSEA a proposal in
response to the RFP (the "Proposal") in accordance with the existing Teaming
Agreement 29, March, 1996 between the parties; and if the Proposal results in a
contract award (the "Contract" or "Prime Contract"), to perform the services and
work, and to provide the supplies required under the Contract, with Avondale
acting as the prime contractor and Hughes participating as one of two principal
subcontractors; and,
WHEREAS, Avondale has entered into a similar subcontract with the other
principal subcontractor, Bath Iron Works (Bath) for enhancing the respective
capabilities of all the
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parties for a successful Proposal; and
WHEREAS, an objective of the Alliance is the cooperative performance and
completion of the Project for the Government and thereby earning and sharing the
highest possible award fees and incentives;
THEREFORE, in consideration of the premises, and the expectation that NAVSEA
will award the Contract to Avondale, the parties hereto agree to this
Subcontract.
SECTION A SPECIAL PROVISIONS
A-1. AUTHORITY
The existence of this Subcontract is contingent upon the precedent condition of
successful negotiations between NAVSEA and Avondale for the award of the Prime
Contract to Avondale. This Subcontract shall have no force or effect unless and
until Avondale and NAVSEA have executed the Prime Contract.
A-2 RELATIONSHIP OF THE PARTIES
2.1 Pursuant to their Statements of Work (SOW), for the purposes of this
Subcontract, the term "Alliance" shall mean the Avondale/Bath/Hughes
cooperative joint work effort.
2.2 Subcontractor obligations stated in this Subcontract shall be read,
interpreted and understood, to mean the required performance of the
incremental obligations of the Subcontractor pursuant to its Statement of
Work, which performance is sufficient for acceptance by the Government
pursuant to the Prime Contract.
2.3 Avondale, as the Prime Contractor, is the principal interface with the
Government for the Alliance. Any communications of a contractual nature
initiated by the Subcontractor with the Government regarding the Project,
whether written or oral,
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shall be communicated and coordinated in advance with Avondale. In the
event that the Government initiates such communication with the
Subcontractor regarding the Project, Subcontractor will promptly notify
Avondale of the event and the contents of the communications.
2.4 Members of the Alliance accept and endorse the relationship of teaming and
cooperation established between them by this Subcontract. The Alliance
members agree to cooperate and further their mutual interests in completing
the Prime Contract. Hughes will make all reasonable, cooperative efforts to
exchange technical information with other Avondale subcontractors to
facilitate performance of the work.
A-3. DELIVERY
Except as specifically indicated otherwise in this Subcontract, and except for
the construction, test and delivery of the third vessel at the Alliance member's
Bath, Maine shipyard, all deliverables shall be delivered to Avondale's main
shipyard.
A-4. COMPLIANCE WITH LAWS, CERTIFICATIONS AND APPROVALS
Except as otherwise provided in this Subcontract, each party shall be
responsible for obtaining any required certifications and approvals with respect
to such party's Statement of Work from the relevant classification societies or
regulatory bodies having jurisdiction. Each party, for their part, will be
responsible for ensuring compliance with all applicable laws, regulations, and
classification society rules and regulations in the performance of the work.
A-5. PRIME CONTRACT REQUIREMENTS
5.1 Particular provisions of the Prime Contract have been incorporated (either
in full text or by reference) into this Subcontract. For purposes of
Sections B through J, the terms "Contracting Officer", "Contracting
Officer's Representative", "the Government", "the Navy", "NAVSEA",
"Contracting Administration Office", and
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the like shall mean the Prime Contractor unless in such context the term
can only refer to the Government. The incorporated terms "Contractor" or
"Offeror" shall mean Subcontractor unless in such context the term can only
refer to the Prime Contractor. Instructions or requirements for
documentation, certification or other writing reasonably applicable to the
Subcontractor, shall be submitted by the Subcontractor to the Prime
Contractor, unless otherwise required by federal law or by express
provision of the Subcontract.
5.2 Any and all clauses or provisions which are required by the Federal
Acquisition Regulation, 48 C.F.R. Part 1 (FAR), the Department of Defense
FAR Supplement ("DFARS"), and the Navy FAR Supplement to be included in
major subcontracts in the Prime Contract are hereby incorporated in this
Subcontract by reference.
5.3 Notwithstanding any provision of this Subcontract to the contrary, the
Prime Contractor may exercise its rights under the following clauses or
subclauses only if the Government exercises its rights under these clauses
with respect to the Prime Contractor:
FAR 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-
PRICE)(SHORT FORM)(APR 1984) (Applies if this contract
is $100,000 or less)
FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED
PRICE)(APR 1984) (Applies if this Contract exceeds
$100,000)
Paragraph (a)(1) of
FAR 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 1986)
DFAR252.246-7001 WARRANTY OF DATA (DEC 1991)
DFAR252.227-7030 TECHNICAL DATA-WITHHOLDING OF PAYMENT (OCT 1988) except
as provided in paragraph 5.4 below
5.4 With respect to the clause of this Subcontract entitled DFAR 252.227-7030
"Technical Data - Withholding of Payment" the parties agree that the
following limitations will apply if an action is taken hereunder, and the
Government has not taken an associated action under the Prime Contract.
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i) If Avondale suffers delay in actual ship construction as a result
of Hughes' failure to deliver technical data in accordance with its
Subcontract obligations; and
ii) If Avondale is able to demonstrate harm and provide the specifics
of the delay and the technical data giving rise to the action; and
iii) Hughes' failure is the result of some action or inaction of Hughes
and not the result of performance of Avondale or one of its
subcontractors; and
iv) If prior to exercising any of its rights pursuant to this clause
Avondale shall notify the Subcontractor by written notice to the contract
point listed in Section G of this Subcontract via certified mail. Such
notice shall specify the failure (including identification of the technical
data) giving rise to the intended action. Subcontractor shall be afforded a
period of not less than 10 days from Subcontractor's receipt of the notice
to cure the failure before Avondale shall implement any withholding of
funds pursuant thereto.
In the event the conditions specified above exist, then Avondale may
exercise its rights hereunder, however, the amount to be withheld shall not
exceed $500,000 in aggregate for all occurrences.
A-6. ASSIGNMENT AND SUBCONTRACTING
6.1 This Subcontract may not be assigned or otherwise transferred by either
party, in whole or in part, without the express, prior written consent of
the other party, which consent shall not be unreasonably withheld. The
foregoing shall not apply in the event either party shall change its
corporate name or merge with another corporation.
6.2 Subject to any approval of the Prime Contractor, and any relevant
provisions contained herein, including without limitation any required
approvals of the Government, Subcontractor shall be entitled to subcontract
any portion of its responsibilities under the SOW. Subcontractor shall not
by reason of any such subcontract be relieved of its responsibilities and
liabilities under this Subcontract.
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In the event of such subcontract, Subcontractor shall without delay notify
Avondale in writing of the name of its proposed subcontractor and the
details of the portion of its SOW to be subcontracted.
A-7. DISPUTES
7.1 If during performance of this Subcontract, disputes arise between the Prime
Contractor and/or the Subcontractor and the Government concerning any of
the work, the parties agree to follow the disputes resolution procedure
defined FAR clause 52.233-1 (Reference Clause). Either party may assert a
claim arising out of such a dispute with the Government.
7.2 Notwithstanding any provision herein to the contrary, if a decision on any
question arising under the Contract is made by the Contracting Officer and
such question is also related to this Subcontract, said decision, if
binding upon Avondale under the Contract, shall in turn be binding upon the
Subcontractor insofar as it relates to this Subcontract. If Avondale elects
not to appeal such a decision pursuant to the "Disputes" clause in the
Contract, Avondale may permit (and such permission will not be unreasonably
withheld) the Subcontractor to assert in Avondale's name at Subcontractor's
expense, Avondale's right to appeal such a decision under the "Disputes"
clause in the Contract. Any decision upon such an appeal if binding upon
Avondale under the Contract shall in turn be binding upon Subcontractor
insofar as it relates to this Subcontract. The decision of the Contracting
Officer regarding any such question or subsequent appeal shall be
conclusive between Avondale and Subcontractor except that Avondale may
permit (and such permission will not be unreasonably withheld)
Subcontractor to submit the question to a court of competent jurisdiction
if Subcontractor desires to assert in Avondale's name and at
Subcontractor's expense, Avondale's rights described in the "Disputes"
clause of the Contract to have the question decided by the courts, and any
final judgment by the courts, if binding upon Avondale under the Contract,
shall in turn be binding upon Subcontractor insofar as it relates to this
Subcontract.
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7.3 It is the intent of the parties to engage in cooperative decision-making
and communication of information as set forth in this Subcontract. In the
event that a dispute arises between Avondale and Hughes that cannot be
resolved by the individuals involved in the performance of the Contract,
such matter shall be referred to the highest levels of management of each
company for resolution. Should these individuals be unable to resolve any
claim, controversy or dispute between the parties involving issues of
either law or fact arising under or relating to this Subcontract, it shall
be finally resolved by binding arbitration pursuant to this provision.
7.4 Any arbitration contemplated by this Subcontract shall be conducted in New
York, New York, in accordance with the Rules (the "Rules")of the American
Arbitration Association (the "AAA"). The arbitration will be before a panel
of three arbitrators, one selected by Avondale, one selected by Hughes, and
one who will be selected by the aforementioned selected arbitrators. Each
arbitrator shall be knowledgeable about the United States shipbuilding
industry and federal procurement laws, regulations and practices, and shall
not have any direct or indirect, past, present, or expected future
association with either or both of the parties, and who shall otherwise be
neutral. The parties shall share equally the costs of the arbitration as
provided in the Rules of the AAA.
7.5 The decision of the arbitrators shall be rendered in writing and the
reasons shall be given therefore. The decision of the arbitrators shall be
final and conclusive on the parties, unless determined by the United States
District Court for the Southern District of New York to be subject to being
vacated, modified, or corrected on any of the grounds specified or referred
to in the Uniform Arbitration Act, or for "manifest disregard of law" as
judicially defined by that court. Judgment upon an award rendered by the
arbitrators may be entered in any court of competent jurisdiction. Except
as specifically provided for in this clause, or as may be necessary to
enforce an award of the arbitrators, neither party shall institute any
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action or proceeding against the other in any court with respect to any
claim, controversy, or dispute which is or could be subject to this
provision. Neither party may interpose any objection to the procedures set
forth herein or otherwise seek directly or indirectly to challenge the
application thereof to any such claim, controversy or dispute, or any
decision thereunder, in any court.
7.6 Pending the final disposition of any arbitration proceeding initiated
pursuant to this provision, the parties shall at all times proceed
diligently with the performance of this Subcontract.
A-8. AMENDMENT/WAIVER
This Subcontract shall not be amended or modified unless set forth in a document
executed by duly authorized representatives of both Avondale and the
Subcontractor. The failure of either party to exercise any right provided under
this Subcontract shall not be deemed to be a waiver of such right for any future
purpose.
A-9. ENTIRE AGREEMENT AND SEVERABILITY
9.1 This Subcontract contains the entire agreement between the parties with
respect to the Prime Contract and supersedes any prior oral or written
agreements, drafts of this agreement, commitments, understandings, or
communications. The Teaming Agreement shall remain in effect between the
parties for potential future work of the LPD-17 class of vessels for
construction, planning yard services and related solicitations.
9.2 If any part, term, or provision of this Subcontract shall be held void,
illegal, unenforceable, or in conflict with any law of a federal, state or
local government having jurisdiction over this Subcontract, the validity of
the remaining portions or provisions shall not be affected thereby.
8
<PAGE>
9.3 Section headings in this Subcontract are for convenience only and shall not
be used interpreting any provision hereof.
A-10. ORDER OF PRECEDENCE
In the event of any inconsistency in this Subcontract, the inconsistency shall
be resolved by giving precedence in the order described herein:
1 Section A - Special Provisions
2 Section B - Supplies, Services, and Pricing
3 Section C - Description, Specification, Statement of Work (exclusive of the
Statement of Work)
4 Section D - Packaging and Marking
Section E - Inspection and Acceptance
Section F - Deliveries or Performance
Section G - Contract Administration Data
Section H - Special Contract Requirements
5 Section I - Contract Clauses
6 Statement of Work and Exhibits thereto
7 Section J - List of Attachments
A-11. CONSEQUENTIAL, SPECIAL, AND INCIDENTAL DAMAGES
Neither party shall be liable to the other party under this Subcontract for any
claim for loss of profits or consequential, special, punitive or indirect
damages suffered by the other party.
A-12. INDEPENDENT CONTRACTOR
This Subcontract shall not be construed as creating a joint venture, agency,
partnership, or any other form of business organization, nor does it constitute
a merger into any form of corporation or other business enterprise of the Prime
Contractor, the Subcontractor or the Alliance. At all times each party is and
will remain an independent contractor. Each
9
<PAGE>
party is responsible for its own officers, employees, agents and parent and
subsidiary business elements. Except as otherwise provided expressly in this
Subcontract, each party is solely and separately responsible for its costs,
expenses, profits, losses, causes of action, suits, damages, demands,
liabilities, and obligations of any kind whatsoever.
A-13. LIABILITIES
For all claims occurring in connection with or arising out of the meetings,
inspections, and/or visits to their respective premises in the performance of
the Project, Prime Contractor and Subcontractor shall defend, indemnify and hold
harmless each other and their officers, directors, employees and agents for
injury to, death of, their respective employees, subcontractors, guests and
visitors, whether or not caused by the acts or omissions or the sole or
concurrent negligence of an indemnified party. The party seeking indemnity
shall provide prompt notice to the other of any event which gives rise to its
claim under the this provision, fully cooperate in its defense and assign the
right to defend and/or settle any such claim to the responsible party.
A-14 RESTRICTIONS ON HIRING
During the term of this Subcontract, the parties agree that the Prime Contractor
and the Subcontractor will not solicit to hire either party's employees who are
assigned to work on the Project, without the prior written approval of the
affected party. There is no restriction on the open solicitation in public media
for recruitment of personnel. No employee, officer, agent, supplier,
subcontractor, or vendor of either party will be restricted from pursuing
employment or business opportunities on their own initiative.
A-15. PAYMENT
This clause applies to payment for work performed under this Subcontract for
CLINS 0001, 0002, 0003, 0004, 0005, 0007, 0009 and 0012 exclusive of award fee
payments, which are covered under Special Provision A-16 - Distribution of Award
Fee.
10
<PAGE>
15.1 Interim Payments: Hughes will submit invoices to Avondale as work
progresses, but not more frequently than once every two weeks, in amounts
determined to be allowable in accordance with Subpart 31.2 of the Federal
Acquisition Regulation (FAR). Avondale will include Hughe's invoice in it's
next bill to the NAVSEA and funds will be provided to Hughes accordingly.
Invoices will be prepared on a per vessel basis and shall reflect the total
allowable costs in the performance of work, as certified by Hughes. For
purposes of this clause, the term "costs" shall include those items listed
in FAR 52.216-7(b). No payment, however, shall be made in an amount that,
when added to the total of all payments previously made, exceeds one
hundred precent (100%) of the cumulative allowable costs certified by
Hughes.
Each invoice submitted by Hughes shall include the following information:
(1) Applicable contract line item numbers (CLIN's)
(2) Date supplies provided or services performed
(3) Costs incurred and allowable by CLIN, as follows:
(a) Cumulative allowable costs incurred (by cost element), less
(b) Previously billed allowable costs, giving
(c) Current billing amount
(4) An estimate at completion (EAC) by CLIN
In addition, Hughes will provide, with each invoice, a certificate, signed
by a Company Officer or his designee, verifying, to the best of his
knowledge and belief, the allowability of all billed costs, consistent with
FAR Subpart 31.2 Hughes will provide Avondale with a listing of those
employees authorized to sign the certificate that accompanies each invoice.
The certificate will not apply to the CLIN EAC provided with the invoice.
11
<PAGE>
Prior to submitting the first invoice, Hughes shall submit a sample billing
format and sample certificate for review and approval by Avondale.
Avondale and Hughes agree that invoice submission and/or payment may take
place electronically. The parties agree to work together to determine the
appropriate means of providing supporting documentation in the event of
such electronic transmissions and/or payments.
15.2 Final Payment: Upon completion of the guarantee period of the final vessel
in the contract, Hughes will prepare a final invoice by CLIN that
incorporates 1) all allowable costs incurred plus 2) an estimate of
projected allowable costs to complete the contract closeout process. Such
allowable costs shall incorporate indirect costing rates approved by the
Administrative Contracting Officer in connection with Hughes' prime
contracts with the Government. Any projected allowable costs shall be
subject to the prior agreement of the Government and approval by Avondale,
which approval shall not be unreasonably withheld.
15.3 Potential Alternative Approach to Payments: Avondale has stated an intent,
which Hughes supports, to approach the Government after Prime Contract
award to establish an alternative approach to payments. Under such an
alternative approach, Avondale, with data provided by Hughes (and Bath),
would prepare a "combined invoice," which clearly reflects the allowable
costs incurred by each Alliance member. The NAVSEA then would distribute
funds directly to each party in the amounts specified in the combined
invoice. Should NAVSEA accept this concept in a manner also mutually
acceptable to Hughes, Avondale, and Bath. Hughes and Avondale agree to
modify this Special Provision A-15 to incorporate such an approach.
12
<PAGE>
A-16. DISTRIBUTION OF AWARD FEE
16.1 The award fee, as paid by the Government to the Alliance, shall be
distributed among Avondale, Hughes, and Bath, on the basis of a) earned
value and b) performance, as described below. A sample calculation of the
formula is attached as Table 16-1.
a) Earned Value:
Seventy (70) percent of the cumulative award fee payment by the Government
shall be assigned to the Earned Value Pool. The portion of this pool then
distributed to each of Avondale, Hughes, and HUGHES shall be based on the
Cumulative Earned Value Weighting of each Alliance member. The Cumulative
Earned Value Weighting for each Alliance member shall equal the Cumulative
Earned Value for that Alliance member divided by the sum of Cumulative
Earned Values for all Alliance members. The Cumulative Earned Value for
each Alliance member shall equal the product of 1) the Baseline Value
Weighting and 2) the Cumulative Percent Complete.
. The Baseline Value Weighting for each Alliance member shall equal
the contractual cost baseline (original contract award plus signed
contract modifications) of that Alliance member divided by the
total contractual cost baseline for all Alliance members.
. The Cumulative Percent Complete for each Alliance member shall equal
the weighted progress (reflecting labor, overhead, facilities cost
of capital, and material) at the end of the evaluation period. Such
weighted progress for each Alliance member shall be determined by an
earned value system, approved by the Government in accordance with
Department of Defense Instruction (DODI) 5000.2.
The current amount of the Earned Value award fee component assigned to each
Alliance member shall equal the Cumulative Earned Value Weighting
multiplied by the Cumulative Earned Value Pool (70 percent of the
cumulative award fee paid
13
<PAGE>
by the Government) less the prior period cumulative Earned Value.
b) Performance:
Thirty (30) percent of the award fee paid by the Government in each period
shall be assigned to the Performance Pool. The portion of this pool then
distributed to each of Avondale, Hughes, and Bath shall be determined by
normalizing the Weighted Performance Score of each Alliance member. The
Weighted Performance Score for each Alliance member shall equal the product
of 1) the Baseline Value Weighting (as defined above) and 2) the Normalized
Performance Score. The Performance Award Fee for each Alliance member shall
equal the product of 1) Weighted Performance Scores of each Alliance member
and 2) the current period performance pool. The Normalized Performance
Score for each Alliance member shall reflect the Performance Scores
provided by the intra-Alliance Performance Evaluation Board (PEB).
16.2 The intra-Alliance PEB shall consist of the Chief Executive Officers from
each of Avondale, Hughes, and Bath. The PEB will meet within three business
days after each NAVSEA award fee session. At the PEB meeting, each CEO will
provide a performance score (from 0 to 100) to each member of the Alliance.
Such scoring shall reflect, in the judgment of each CEO, the performance of
each Alliance member during the evaluation period. For each evaluation
period, the Performance Score shall equal the simple average of the scores
given by members of the PEB. Weighted criteria that each CEO will use to
determine such scoring will be established within 30 days after the start
of the evaluation period via Memorandum of Agreement.
16.3 For each Alliance member, the total award fee payment in any given
evaluation period shall equal the sum of the Earned Value and Performance
components, as calculated above.
14
<PAGE>
16.4 The attached example (Table 16-1) illustrates the calculation described in
this clause. In the event of a conflict between the example and the text of
this clause the example shall take precedence.
16.5 Within five business days after each PEB meeting, Avondale shall issue to
each of the other Alliance members a contract modification that specifies
the current amount payable, as calculated above. Avondale will then issue
payment to each Alliance member within two business days after receipt of
the funds from the customer.
(Remainder of page intentionally left blank)
15
<PAGE>
A-17 FINAL CONTRACT PERFORMANCE INCENTIVES
The Final Contract Performance Incentive paid by the Government to the Prime
Contractor shall be distributed between Avondale, Bath and Hughes as the final
percentage determined for the Award Fee of Special Provision A-16 of this
Subcontract.
A-18. RECIPROCAL FACILITIES
Avondale and HUGHES shall provide office facilities at their respective
principal places of business for each others personnel engaged in the Project.
Such facilities shall be equivalent to those provided for its own employees for
similar purposes. These facilities shall include telephone, photocopy machines
and FAX machine access, and the use of other similar office equipment. Each
shall also provide vehicle parking facilities consistent with the facilities
provided for its own employees for similar purposes.
A-19. APPLICABLE LAW
Irrespective of the place of performance, this Subcontract shall be construed
and interpreted according to the federal common law of government contracts. To
the extent that the federal common law of government contracts is not
dispositive, the laws of the State of New York shall apply. Any civil action
pursuant to this Subcontract shall be brought in the United States District
Court for the Southern District of New York.
In witness hereof, the parties hereto have executed this Subcontract on the
indicated dates.
HUGHES AIRCRAFT CO. AVONDALE INDUSTRIES, INC.
/s/ R. J. ABBOTT /s/ ALBERT L. BOSSIER, JR.
- --------------------------------- ---------------------------------
BY: R. J. Abbott BY: Albert L. Bossier, Jr.
------------------------------ ------------------------------
TITLE: Contracts Manager TITLE: President, Chairman & CEO
--------------------------- ---------------------------
Naval & Maritime Systems
Business Unit
DATE: June 20, 1996 DATE: June 20, 1996
---------------------------- ----------------------------
19
<PAGE>
SIXTH AMENDMENT TO REVOLVING CREDIT AGREEMENT
THIS SIXTH AMENDMENT TO REVOLVING CREDIT AGREEMENT (this
"Amendment") is entered into as of October 30, 1996, by and among
AVONDALE INDUSTRIES, INC., a Louisiana corporation (the
"'Company"), the various financial institutions signatory hereto
(collectively, the "Banks," and, individually, a "Bank"), and
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as LC
Issuer and as successor agent to BANK OF AMERICA ILLINOIS
(successor-in-interest to CONTINENTAL BANK), as agent for the
Banks (the "Agent"). Words and phrases having defined meanings
in the Credit Agreement referred to below shall have the same
respective meanings when used herein, unless otherwise expressly
defined herein.
WITNESSETH:
WHEREAS, the parties hereto have entered into a Revolving
Credit Agreement dated as of May 10, 1994 as amended by that
certain First Amendment and Waiver to Revolving Credit Agreement
dated as of May 31, 1994, that certain Second Amendment to
Revolving Credit Agreement dated as of February 9, 1995, that
certain Third Amendment, Waiver and Consent to Revolving Credit
Agreement dated as of May 10, 1995, that certain Fourth Amendment
and Consent to Revolving Credit Agreement dated as of September
1, 1995, and that certain Fifth Amendment to Revolving Credit
Agreement dated as of November 17, 1995 (collectively, the
"Existing Agreement" and as amended by this Amendment, the
"Credit Agreement"), relating to a revolving credit facility in
an amount not to exceed $42,500,000 for the Company's ongoing
working capital and general corporate needs; and
WHEREAS, the Company has requested that the Banks agree to
certain amendments and modifications to the terms of the Existing
Agreement;
NOW THEREFORE, in consideration of the premises and the
mutual agreements set forth herein and for other
consideration the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows;
1. Amendment to the Existing Agreement. Subject to and
conditioned upon the fulfillment of each of the conditions
precedent set forth in Section 2 hereof, the Existing
Agreement is hereby amended as follows: Section 7.7 of the
Existing Agreement is hereby amended to delete the terms
thereof in their entirety and to insert the following
therefor:
Section 7.7 Limitation on Capital Expenditures.
Incur Capital Expenditures which, in the aggregate for
the Company and its Subsidiaries taken as a whole,
<PAGE>
exceed $7,500,000 for the Company's fiscal year ending
December 31, 1994, $25,000,000 for the Company's fiscal
year ending December 31, 1995, $14,000,000 for the
Company's fiscal year ending December 31, 1996 and
$9,000,000 for any fiscal year thereafter.
2. Conditions Precedent to Effectiveness of Amendments and
Consent. The amendments and modifications set forth in Section 1
hereof shall become effective upon, and are expressly conditioned
upon, the fulfillment of each of the following conditions
precedent:
(a) Amendment. The Agent shall have received this
Amendment, duly executed and delivered by an authorized officer
of the Company and each of the Banks.
(b) Subsidiary Guarantor Consent. The Agent shall have
received (with a copy for each of the Banks) from each of the
Subsidiary Guarantors a reaffirmation of the Subsidiary Guarantee
executed by it in the form attached hereto.
(c) Material Adverse Change. In the opinion of the
Banks (as evidenced by their execution of this Amendment), no
event or condition shall have occurred or exist which could
reasonably be expected to have a Material Adverse Effect.
(d) Other Documents. The Agent shall have received
such other documents, instruments and agreements as it
shall have reasonably requested in connection with the
transactions contemplated by this Amendment.
3. Representations, Warranties and Covenants. In order to
induce the Agent and the Banks to enter into this
Amendment, the Company hereby represents, warrants and
covenants to the Agent and the Banks as follows:
(a) The execution, delivery and performance by the
Company of this Amendment (i) are within the Company's
corporate powers, (ii) have been duly authorized by all
necessary corporate action, (iii) require no action by
or in respect of, or filing with, any governmental
body, agency or official, (iv) do not contravene, or
constitute a default under, any provision of any
applicable law, statute, ordinance, regulation, rule,
order or other governmental restriction or of the
Certificate or Articles of Incorporation or By-Laws of
the Company, (v) do not contravene, or constitute a
default under, any agreement, judgment, injunction,
order, decree, indenture, contract, lease, instrument
or other commitment to which the Company is a party or
by which the Company or any of its assets are bound and
(vi) will not result in the creation or imposition of
any Lien upon any asset of the Company under any
existing indenture, mortgage, deed of trust, loan or
credit agreement or other agreement or instrument to
which the Company is a party or by which it or any of
its assets may be bound or affected.
(b) This Amendment and the Credit Agreement are the
<PAGE>
legal, valid and binding obligations of the Company,
and are enforceable against the Company in accordance
with their terms.
(c) The representations and warranties contained in the
Credit Agreement and the other Loan Documents are true and
correct in all material respects on and as of the date
hereof as though made on the date hereof, except to the
extent that such representations expressly relate solely to
an earlier date (in which case such representations and
warranties were true and accurate on and as of such earlier
date).
(d) No Default or Event of Default has occurred and is
continuing.
4. Reference to and Effect Upon the Credit Agreement. Upon
the effectiveness of this Amendment, each reference in the
Existing Agreement to "the Agreement", "hereunder",
"hereof", "herein", or words of like import, shall mean and
be a reference to the Credit Agreement, as amended hereby
and each reference to the Existing Agreement in any other
Loan Document shall mean and be a reference to the Credit
Agreement, as amended hereby.
5. Reaffirmation; Expenses. The Company hereby reaffirms to
the Agent and each of the Banks that, except as modified
hereby, the Credit Agreement and all of the Loan Documents
remain in full force and effect and have not been otherwise
waived, modified or amended. Except as expressly modified
hereby, all of the terms and conditions of the Credit
Agreement shall remain unaltered and in full force and
effect. The Company acknowledges that all reasonable legal
fees and expenses of the Agent related to this Amendment
shall be paid by the Company.
6. Confirmation of Collateral Documents. The Company hereby
(i) ratifies and confirms its obligations under the
Collateral Documents and acknowledges and agrees that the
Collateral Documents to which the Company is a party are the
legal, valid and binding obligations of the Company,
enforceable against it in accordance with their terms; and
(ii) agrees that the Obligations (for purposes of each of
such Collateral Documents) shall include, without
limitation, the Obligations under and as defined in the
Credit Agreement as amended by this Amendment.
7. Choice of Law. THIS AMENDMENT SHALL BE GOVERNED BY AND
INTERPRETED IN ACCORDANCE WITH THE INTERNAL LAWS (AS OPPOSED
TO CONFLICTS OF LAW PROVISIONS) OF THE STATE OF ILLINOIS AND
ANY DISPUTE ARISING OUT OF, CONNECTED WITH, RELATED TO, OR
INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THE
COMPANY, THE SUBSIDIARIES, THE AGENT AND THE BANKS IN
CONNECTION WITH THIS AMENDMENT, AND WHETHER ARISING IN
CONTRACT, TORT, EQUITY OR OTHERWISE, SHALL BE RESOLVED IN
ACCORDANCE WITH THE INTERNAL LAWS AND DECISIONS OF THE STATE
OF ILLINOIS.
8. Counterparts. This Amendment may be executed in one or
<PAGE>
more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and
the same instrument. One or more counterparts of this
Amendment may be delivered by telecopier, and if so
delivered shall be deemed to be delivered with the intention
that they shall have the same effect as an original
counterpart hereof. Any party delivering any such
counterpart by telecopy shall promptly forward to the Agent
an original counterpart hereof.
[Signature Pages Follow]
<PAGE>
IN WITNESS WHEREOF, the parties hereto have caused their
duly authorized officers to execute and deliver this
Agreement as of the date first above written.
AVONDALE INDUSTRIES, INC.
By /s/ THOMAS M. KITCHEN
---------------------
Name: Thomas M. Kitchen
Title:Vice President
[SIGNATURES CONTINUED ON
THE FOLLOWING PAGE]
<PAGE>
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION,
as Agent
By /s/ W. THOMAS BARNETT
---------------------
Name: W. Thomas Barnett
Title:Vice President
THE BANKS:
BANK OF AMERICA ILLINOIS,
successor-in-interest to
CONTINENTAL BANK, as a Bank
and as LC Issuer
By /s/ W. THOMAS BARNETT
---------------------
Name: W. Thomas Barnett
Title:Vice President
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION,
as LC Issuer
By /s/ W. THOMAS BARNETT
---------------------
Name: W. Thomas Barnett
Title:Vice President
[SIGNATURES CONTINUED ON
THE FOLLOWING PAGE]
<PAGE>
WHITNEY NATIONAL BANK
By /s/ ELMER H. HEMPHILL, JR.
--------------------------
Name: Elmer H. Hemphill, Jr.
Title: Senior Vice President
[SIGNATURES CONTINUED ON
THE FOLLOWING PAGE]
<PAGE>
WELLS FARGO BANK (TEXAS),
NATIONAL ASSOCIATION, successor
to FIRST INTERSTATE BANK OF
TEXAS, N.A.
By /s/ DAVID M. ANDERSON
---------------------
Name: David Anderson
Title: Vice President
[SIGNATURES CONTINUED ON
THE FOLLOWING PAGE]
<PAGE>
FIRST NATIONAL BANK
OF COMMERCE
By /s/ AD KOCEN
---------------
Name: A. David Kocen
Title: Banking Officer
<PAGE>
CONSENT
By Subsidiary Guarantee dated as
of May 10, 1994 (the "Guarantee"), the
undersigned (the "Guarantor")
guaranteed to the Secured Parties (as
defined therein), subject to the
terms, conditions and limitations set
forth therein, the prompt payment and
performance of all of the Obligations
(as defined therein). The Guarantor
consents to the Company's execution of
the foregoing Sixth Amendment to
Revolving Credit Agreement and
acknowledges the continued validity,
enforceability and effectiveness of
the Guarantee with respect to all
loans, advances and extensions of
credit to the Company, whether
heretofore or hereafter made, together
with all interest thereon and all
expenses in connection therewith.
AVONDALE
GULFPORT
MARINE, INC.
By /s/ THOMAS M. KITCHEN
---------------------
Title: Vice President, Secretary & Treasurer
Dated as of October 30, 1995
<PAGE>
CONSENT
By Subsidiary Guarantee dated as
of May 10, 1994 (the "Guarantee"),
the undersigned (the "Guarantor")
guaranteed to the Secured Parties (as
defined therein), subject to the
terms, conditions and limitations set
forth therein, the prompt payment and
performance of all of the Obligations
(as defined therein). The Guarantor
consents to the Company's execution
of the foregoing Sixth Amendment to
Revolving Credit Agreement and
acknowledges the continued validity,
enforceability and effectiveness of
the Guarantee with respect to all
loans, advances and extensions of
credit to the Company, whether
heretofore or hereafter made,
together with all interest thereon
and all expenses in connection
therewith.
AVONDALE TECHNICAL SERVICES, INC.
By /s/ BL HICKS
------------
Title: Secretary & Treasurer
Dated as of October 30, 1995
<PAGE>
CONSENT
By Subsidiary Guarantee dated as
of May 10, 1994 (the "Guarantee"),
the undersigned (the "Guarantor")
guaranteed to the Secured Parties (as
defined therein), subject to the
terms, conditions and limitations set
forth therein, the prompt payment and
performance of all of the Obligations
(as defined therein). The Guarantor
consents to the Company's execution
of the foregoing Sixth Amendment to
Revolving Credit Agreement and
acknowledges the continued validity,
enforceability and effectiveness of
the Guarantee with respect to all
loans, advances and extensions of
credit to the Company, whether
heretofore or hereafter made,
together with all interest thereon
and all expenses in connection
therewith.
CRAWFORD
TECHNICAL
SERVICES,
INC.
By /s/ BL HICKS
------------
Title: Secretary & Treasurer
Dated as of October 30, 1995
<PAGE>
CONSENT
By Subsidiary Guarantee dated as
of May 10, 1994 (the "Guarantee"), the
undersigned (the "Guarantor")
guaranteed to the Secured Parties (as
defined therein), subject to the
terms, conditions and limitations set
forth therein, the prompt payment and
performance of all of the Obligations
(as defined therein). The Guarantor
consents to the Company's execution of
the foregoing Sixth Amendment to
Revolving Credit Agreement and
acknowledges the continued validity,
enforceability and effectiveness of
the Guarantee with respect to all
loans, advances and extensions of
credit to the Company, whether
heretofore or hereafter made, together
with all interest thereon and all
expenses in connection therewith.
GENCO
INDUSTRIES,
INC.
By /s/ BL HICKS
------------
Title: Secretary & Treasurer
Dated as of October 30, 1995
<PAGE>
CONSENT
By Subsidiary Guarantee dated as
of February 9, 1995 (the "Guarantee"),
the undersigned (the "Guarantor")
guaranteed to the Secured Parties (as
defined therein), subject to the
terms, conditions and limitations set
forth therein, the prompt payment and
performance of all of the Obligations
(as defined therein). The Guarantor
consents to the Company's execution of
the foregoing Sixth Amendment to
Revolving Credit Agreement and
acknowledges the continued validity,
enforceability and effectiveness of
the Guarantee with respect to all
loans, advances and extensions of
credit to the Company, whether
heretofore or hereafter made, together
with all interest thereon and all
expenses in connection therewith.
AVONDALE
PROPERTIES,
INC.
By /s/ THOMAS M. KITCHEN
---------------------
Title: Vice President & Secretary
Dated as of October 30, 1995
<PAGE>
CONSENT
By Subsidiary Guarantee dated as
of February 9, 1995 (the
"Guarantee"), the undersigned
(the "Guarantor") guaranteed to
the Secured Parties (as defined
therein), subject to the terms,
conditions and limitations set
forth therein, the prompt payment
and performance of all of the
Obligations (as defined therein).
The Guarantor consents to the
Company's execution of the
foregoing Sixth Amendment to
Revolving Credit Agreement and
acknowledges the continued
validity, enforceability and
effectiveness of the Guarantee
with respect to all loans,
advances and extensions of credit
to the Company, whether
heretofore or hereafter made,
together with all interest
thereon and all expenses in
connection therewith.
AVONDALE
LAND
MANAGEMENT
COMPANY,
a Louisiana
general
partnership
By
Avondale Industries, Inc.,
a general partner
By /s/ THOMAS M. KITCHEN
---------------------
Name: Thomas M. Kitchen
Title: Vice President, Chief Financial
Officer and Secretary
By
Avondale Properties, Inc.,
a general partner
By /s/ THOMAS M. KITCHEN
---------------------
Name: Thomas M. Kitchen
Vice President and Secretary
Dated as of October 30, 1995
Avondale Properties, Inc.
Avondale Services Corporation
Avondale Transportation Company, Inc.
Avondale Shipyard of Texas, Inc.
Avondale Construction Management, Inc.
Avondale Gulfport Marine, Inc.
Avondale Industries of New York, Inc.
Avondale Enterprises, Inc.
Avondale Technical Services, Inc.
Crawford Technical Services, Inc.
Genco Industries, Inc.
M & D Steel Fabrication, Inc.
AAA Quality Construction, Inc.
Genco Industries of Lufkin, Inc.
INDEPENDENT AUDITORS' CONSENT
We consent to the incorporation by reference in Registration Statement
No. 33-31984 of Avondale Industries, Inc. on Forms S-8 and S-3 of our
report dated February 17, 1997, appearing in this Annual Report on
Form 10-K of Avondale Industries, Inc. for the year ended December 31,
1996.
DELOITTE & TOUCHE LLP
New Orleans, Louisiana
March 12, 1997
<TABLE> <S> <C>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AVONDALE
INDUSTRIES, INC.'S ANNUAL REPORT FILED ON FORM 10-K FOR THE YEAR ENDED DECEMBER
31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<S> <C>
<PERIOD-TYPE> YEAR
<FISCAL-YEAR-END> DEC-31-1996
<PERIOD-END> DEC-31-1996
<CASH> 48,944
<SECURITIES> 0
<RECEIVABLES> 119,139
<ALLOWANCES> 0
<INVENTORY> 21,785
<CURRENT-ASSETS> 222,490
<PP&E> 254,611
<DEPRECIATION> (127,009)
<TOTAL-ASSETS> 362,872
<CURRENT-LIABILITIES> 103,015
<BONDS> 54,866
0
0
<COMMON> 15,927
<OTHER-SE> 165,926
<TOTAL-LIABILITY-AND-EQUITY> 362,872
<SALES> 624,929
<TOTAL-REVENUES> 624,929
<CGS> 543,102
<TOTAL-COSTS> 543,102
<OTHER-EXPENSES> 0
<LOSS-PROVISION> 0
<INTEREST-EXPENSE> 4,986
<INCOME-PRETAX> 34,495
<INCOME-TAX> 3,700
<INCOME-CONTINUING> 30,795
<DISCONTINUED> 0
<EXTRAORDINARY> 0
<CHANGES> 0
<NET-INCOME> 30,795
<EPS-PRIMARY> 2.13
<EPS-DILUTED> 2.13
</TABLE>
