Encl. (1) to COMDTINST 16460.5
7.1
Records. Contractor shall maintain such reports, records, drawings, plans, maps and
other documents as are appropriate and as required by law or this Agreement regarding: (a) the
Contractor Work; and (b) all testing, sampling and investigatory services of the Contractor
performed pursuant to the Contractor Work. All such documents will be available at reasonable
times for review by the USCG and shall be turned over to the USCG upon request or upon
completion of the Contractor Work.
7.2
Samples. The Contractor shall preserve such soil, rock, water and other samples
collected during the Contractor Work for forty-five (45) days after the issuance to the USCG of any
document that includes the data obtained from those samples. After the forty-five (45) day period
has expired, the Contractor may lawfully dispose of such samples if it first notifies the USCG in
writing of its intent to dispose and the USCG does not object. If the USCG so requests or orders,
the Contractor shall preserve the samples beyond the stated forty-five (45) day period, and the
Contractor shall be reimbursed by change order for all costs associated with the storage and
preservation of such samples.
7.3
Confidentiality. All information, technical data, discussions, reference documents
and other materials involved in the performance of the Contractor Work, including, but not limited
to, any confidential business information received from government agencies, are strictly
confidential. The Contractor agrees not to reproduce or distribute internally any such materials
except as necessary to perform the Contractor Work, and not to divulge any such material either
verbally or in writing to any third party without the prior written consent of the USCG, except as
may be required by law. The Contractor shall obtain the written consent of the USCG prior to
entering into any subcontract that will involve the disclosure of confidential business information
by the Contractor to its subcontractor. The Contractor shall include this Section 7.3 in all
subcontracts awarded that require the furnishing of confidential business information to its
subcontractor.
7.4
Publicity. No publicity or advertising, including releasing any information, except
as required by law, to the news media or publishing or delivering technical papers, regarding any
Contractor Work shall be released by either party without the prior written approval of the other
party.
ARTICLE 8. LIMITATION OF LIABILITY
8.1
No Consequential Damages. In no event shall the USCG be liable for consequential
damages, including, without limitation, loss of use or loss of profits, incurred by the Contractor or
its subsidiaries or successors, regardless of whether such claim is based upon alleged breach of
contract, willful misconduct or negligent act or omission of the USCG or its employees, agents or
subcontractors.
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