SUP 5252.225-9404 Japanese Liability -Tug and Towing Services (Jan 1992). Insert the following clause in solicitations and contracts for tug and towing services subject to General Maritime and Japanese laws. Insert Ordering Officer for Contracting Officer when a D type contract is contemplated.

SUP 5252.225-9404 JAPANESE LIABILITY -TUG AND TOWING SERVICES (JAN 1992)

• (a) This contract shall neither be construed as, nor give rise to, a personal services contract. The Contractor and the owners, operators, managers, agents and charterers of any tug utilized to perform under this contract shall have the benefit of all exemptions from and limitations of liability to which the owner of a vessel is entitled under the applicable Japanese Laws.
• (b) The Contractor may be liable for the loss of or damage to any vessel, equipment, or other property owned or under the control of the United States or other third party, including bodily injury and death, caused by the contractor's use of an unseaworthy vessel or unsuitable equipment or gear to perform this contract, if the contractor did not fully inform the Contracting Officer of the unseaworthiness of the vessel or the unsuitability of the equipment or gear to perform this contract and obtain approval of the Contracting Officer to use such vessel, equipment or gear.
• (c) The Contractor shall not be liable as outlined above, if the Contracting Officer specifically orders the Contractor to use an unseaworthy vessel or unsuitable equipment or gear in the performance of the contract. The Contractor also shall not be liable if the vessel, equipment or gear is specifically furnished and provided to the Contractor by the Government for use in the performance of the contract.
• (d) The Contractor shall assign in the performance of this contract, only pilots duly qualified and licensed under applicable laws and regulations of Japan.
• (e) In all instances where any vessel being handled by the Contractor under this contract sustains damage or is involved in any incident resulting in damage to any other vessel or property, death or bodily injury, the Contractor shall secure a report from the tugboat captain or officer acting as a pilot, or any other licensed pilot aboard the vessel being handled by the Contractor for the Government. The Contractor shall submit such report in triplicate to the Contracting Officer within 24 hours following the damage, death or injury. The report shall cover all facts including, the extent of damages and a list of individuals sustaining bodily injury or killed as a result of the incident.