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NMCARS PART 5252 SOLICITATION PROVISIONS AND CONTRACT CLAUSES



PART 5252 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

SUBPART 5252.1--INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

5252.101 (DFARS 252.101) Using part 52.

(b) Numbering.

(2)(ii) Clause numbers for provisions and clauses in this supplement, as well as standard component clauses, consist of 11 digits assigned as follows:

POSITION

NUMBER

EXPLANATION

1-2

52

Indicates Chapter 52 in Title 48 of the CFR

3-5

52.2

Indicates correspondence with FAR Subpart 52.2,"Texts of Provisions and Clauses".

6-7

XX-

Indicates part number in FAR or DFARS that the clause implements or supplements.

8-11

9XXX

Sequences clauses within part number and indicates originating activity:

9000-9099 NMCARS (OASN(RD&A))

9100-9199 NAVSEA

9200-9299 SPAWAR

9300-9399 NAVFAC

9400-9499 NAVSUP

9500-9599 NAVAIR

9600-9649 SPAWAR

9650-9699 MC

9700-9749 ONR

9750-9799 SSP

9800-9899 MSC

9900-9999 RESERVED

SUBPART 5252.2--TEXT OF PROVISIONS AND CLAUSES

5252.200 Scope of subpart.

This subpart sets forth the text of all NMCARS provisions and clauses and for each, gives a cross-reference to the location in the NMCARS that prescribes its use.

5252.201-9000 CIVIL WORKS--DELEGATION TO NAVAL FACILITIES ENGINEERING COMMAND

As prescribed in 5201.601(90)(b)(2), insert the following clause:

CIVIL WORKS--DELEGATION TO NAVAL FACILITIES ENGINEERING COMMAND (APR 84)

(a) The Commander, Naval Facilities Engineering Command, having cognizance of the construction of all items at privately operated establishments which would constitute Public Utilities if constructed at a Shore Establishment of the Navy (such items being hereinafter referred to as Civil Works), is hereby designated as the authorized representative of * with respect to any such Civil Works called for by this contract, said delegation including but not being limited to the performance of the following functions:

(1) Approving selection and compensation of an architect or engineer;

(2) Approving the selection and fee of a general building contractor;

(3) Consent to the placement of any subcontract for Civil Works;

(4) Approving any plans or specifications;

(5) Approving of major alterations or increased cost within the estimated cost set forth in this contract for Civil Works;

(6) Inspection, supervision, administration of the terms of the subcontract and acceptance of performance;

(7) Monitoring compliance with labor standards requirements; and

(8) Ordering or approving changes relating to the Civil Works.

(b) The   ** , acting for the

Commander, Naval Facilities Engineering Command, will have jurisdiction only over the Civil Works design, construction and installation, unless otherwise specifically provided in this contract or unless otherwise determined by mutual agreement between the contracting office and the Naval Facilities Engineering Command.

* identify activity

** insert name and address of cognizant NAVFACENGCOM Division

(End of Clause)

5252.223-9000 DoN ADDITIONAL SAFETY REQUIREMENTS APPLICABLE TO SPECIFIED GOVERNMENT FURNISHED AMMUNITION AND EXPLOSIVES

As prescribed at 5223.370-5, insert the following clause in the schedule of the contract:

DoN ADDITIONAL SAFETY REQUIREMENTS APPLICABLE TO SPECIFIED GOVERNMENT FURNISHED AMMUNITION AND EXPLOSIVES (OCT 1997)

The following additional safety requirements apply to Government Furnished Material (GFM) Ammunition and Explosives (A&E) containing nitrocellulose-based propellants and/or nitrate ester-based materials (such as nitroglycerin,) or such other similar A&E provided as GFM and designated by the Contracting Officer which have a tendency to become chemically unstable over time:

(a) The Contractor shall maintain inventory control records of potentially unstable GFM A&E by National Stock Number (NSN) or part number, lot number, nomenclature, storage location, quantity and date of receipt.

(b) The Contractor shall comply with any Government notice concerning any restrictions, suspensions and limitations imposed by the cognizant Government component on GFM A&E to ensure that the materials are safe for continued storage.

(c) Upon receipt of a notice from the Government of reclassification actions taken by the Government that render GFM A&E unserviceable, suspended or restricted, the Contractor shall immediately follow the instructions contained within the notice.

(d) When directed by the Government, the Contractor shall ship samples of GFM A&E in its possession to the Government testing facilities. GFM A&E samples will be shipped with the Contract Number, NSN or part number, lot number, nomenclature and quantity clearly marked on the Bill of Lading. Failure to comply may result in rejection and/or disposal of the material at the destination at the expense of the Contractor. Any costs associated with the rejection and/or disposal of non-compliant or unauthorized shipments shall be borne by the Contractor.

(e) Within 30 days of completion or termination of the contract, the Contractor shall request disposition instructions from the Contracting Officer for any residual, unserviceable, suspended or restricted GFM A&E. The Contracting Officer shall provide disposition instructions to the Contractor not later than 90 days after they are requested.

(f) If disposition instructions direct shipment to a Government disposal or storage activity, the Contractor shall obtain verification of the contents and marking by the contract administration office Quality Assurance Representative prior to shipment. Additionally, the Contractor shall notify the receiving activity 30 days prior to shipment and provide a detailed list of GFM A&E being returned. Returned materials will be shipped with the Contract Number, NSN or part number, lot number, nomenclature and quantity clearly marked. Failure to comply may result in rejection and/or disposal of the material at the destination at the expense of the Contractor. Any costs associated with the rejection and/or disposal of non-compliant or unauthorized shipments shall be borne by the Contractor.

(g) If the Contractor has the capability to dispose of these materials at its facility and has been instructed to do so through disposition instructions, the Contractor shall provide written notice to the Contracting Officer identifying the materials it is disposing of by the Contract Number, NSN or part number, lot number, nomenclature and quantity, and the date the disposition of the materials was accomplished.

(h) If direction issued under the clause causes an increase in the cost of performance under this contract, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

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