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Navy Marine Corps Acquisition Regulation Supplementnmcars

Navy Marine Corps Acquisition Regulation Supplement


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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(RDA))

9100-9199 NAVSEA

9200-9299 NAVWAR

9300-9399 NAVFAC

9400-9499 NAVSUP

9500-9599 NAVAIR

9600-9649 NAVWAR

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.

 

5252.223-9000 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.

 

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