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DLAD PART 11 – DESCRIBING AGENCY NEEDS



PART 11 – DESCRIBING AGENCY NEEDS

TABLE OF CONTENTS

11.002 Policy.

SUBPART 11.1 – SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS

11.103 Market acceptance.

11.107 Solicitation provision.

SUBPART 11.2 – USING AND MAINTAINING REQUIREMENTS DOCUMENTS

11.201 Identification and availability of specifications.

11.204 Solicitation provisions and contract clauses.

11.272 Alternate preservation, packaging, and packing.

11.274 Policy for item unique identification of Government property.

11.290 Bar coding.

11.291 Unit package marking requirement for component lead finish – contract clause.

SUBPART 11.3 – ACCEPTABLE MATERIAL

11.301 Definitions.

11.302 Policy.

11.302-90 Use of approved sources.

11.302-91 Management of critical safety items (CSIs).

11.302-92 Traceability documentation.

11.304-90 Solicitation provision and contract clauses for critical safety items (CSIs).

11.304-91 Solicitation provisions and clause for Government surplus material.

11.304-92 Solicitation clause.

11.304-93 Contract clause.

SUBPART 11.4 – DELIVERY OR PERFORMANCE SCHEDULES

11.401 General.

11.401-90 Responsibilities.

11.401-91 Obsolete components or materials.

11.401-92 Potential alternate sourcing strategies.

11.402 Factors to consider in establishing schedules.

11.402-90 Time Definite Delivery (TDD) standards.

11.402-91 Potential appropriate exclusions for applying TDD standards.

11.402-92 Materiel management review of DVD items.

11.402-93 VD shipments in the DoD organic distribution system.

11.402-94 Customer direct post-award monitoring and correction actions.

11.404-90 Solicitation provision.

11.404-93 Base installation.

SUBPART 11.5 – LIQUIDATED DAMAGES

11.502 Policy.

SUBPART 11.6 – PRIORITIES AND ALLOCATIONS

11.602 General.

11.603-90 Procedures for placement of contracts when normal solicitations fail.

11.604 Solicitation provision and contract clause.

SUBPART 11.7 – VARIATION IN QUANTITY

11.701 Supply contracts.

11.701-90 Procedure for closing contracts with inconsequential amounts undelivered.

11.703 Contract clause.

SUBPART 11.90 – PRODUCT PHASE-OUT

11.9001 Notification of product phase-out

11.9001-90 Solicitation provision and contract clause.

11.9002-90(a) Relief from diminishing manufacturing sources or material shortages components (F-16 Program).

11.002 Policy.

SUBPART 11.1 – SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS

11.103 Market acceptance.

11.107 Solicitation provisions.

11.107-90 Compliance with Coast Guard requirements.

Use 52.211-9039, Compliance with Coast Guard Requirements, when item description states that preproduction sample approval by Coast Guard is required. The buyer will establish a separate line item on PR and add an additional 145 days to time of delivery to allow time for sample submission and approval. When this clause was included in the solicitation and the proposed awardee is awaiting approval from the Coast Guard, add only 55 days for delivery of the sample quantities. If the offeror provides documentation that the item has already been approved by the Coast Guard, the requirement should be waived and no additional delivery time should be added.

For simplified acquisitions, any resulting award that includes the approval requirement must be a bilateral purchase order. Include FAR clause 52.249-8 in any resulting bilateral award. Include FAR clause 52.212-4 in commercial acquisitions resulting in a bilateral award. If the contractor has provided proof of Coast Guard acceptance then the approval requirement is waived and the resulting award does not need to be bilateral.

SUBPART 11.2 – USING AND MAINTAINING REQUIREMENTS DOCUMENTS

(Revised July 28, 2011 through PROCLTR 2011-21)

11.201 Identification and availability of specifications.

11.204 Solicitation provisions and contract clauses.

11.204-90 Shipments of dangerous or hazardous goods or materials.

Insert the clause at 52.211-9013 in all solicitations and awards requiring shipment of dangerous or hazardous goods or materials to an air port of embarkation (APOE).

11.204-91 New drug applications.

Use 52.211-9044, New drug applications, in all solicitations for pharmaceuticals and drugs.

11.204-92 Pre-market notification.

Use 52.211-9045, Pre-market Notification, in solicitations for medical devices, except for military unique items.

11.204-93 FDA compliance.

Use 52.211-9046, FDA Compliance, in solicitations and contracts for non-standard drugs, pharmaceuticals, biological and chemical items to be shipped to overseas destinations and subsistence items.

11.204-94 Annotation of shipping documents for bulk lubricating oil, engine.

52.211-9030, Annotation of Shipping Documents for Bulk Lubricating Oil, Engine, Grade OE/HDO 40, provision shall be utilized for solicitations for bulk lubricating oil, engine, grade OE/HDO 40, MIL-L-2104E.

11.204-95 Marking requirements for high and low pressure cylinders.

Use 52.211-9031, Marking Requirements for High and Low Pressure Cylinders, in solicitations and awards for federal supply class (FSC) 8120, cylinders.

11.204-96 Packaging and marking requirements.

Use 52.211-9033, Packaging and Marking Requirements, in all solicitations and awards.

11.204-97 Packaging/marking requirements for diminishing manufacturing sources (DMS) buys.

Use 52.211-9034, Packaging/Marking Requirements for Diminishing Manufacturing Sources (DMS) Buys, in all simplified acquisition procedure solicitations and awards for FSC 5962 DMS buys requiring long term storage.

11.204-98 Marking requirements.

Use 52.211-9035, Marking Requirements, in all solicitations/contracts for electrical components in FSG 59.

11.204-99 Physical identification/bare item marking.

Use 52.211-9036, Physical Identification/Bare Item Marking, in all solicitations and awards for DLA Land and Maritime.

11.204-100 Drawing limitations (Tank-Automotive Command (TACOM) DLR – DLA Land and Maritime).

Insert the clause at 52.211-9064, Drawing Limitations (TACOM DLR – DLA Land and Maritime), in solicitations and awards for DLA Land and Maritime acquisitions of depot level repairable items managed by TACOM when the technical data package (TDP) transmittal form, STA FL-1, indicates any of the following:

11.204-101 Special notice of contractor responsibilities for components and tooling (Army Aviation and Missile Command (AMCOM) depot level repairable (DLR) –DLA Aviation).

Insert the clause at 52.211-9065, Special Notice of Contractor Responsibilities for Components and Tooling (AMCOM DLR – DLA Aviation), in solicitations and awards for DLA Aviation acquisitions for depot level repairable items managed by AMCOM when the acquisition is valued greater than $150,000 and Government furnished property (GFP) is to be provided.

11.204-102 Required delivery for orders (AMCOM DLR – DLA Aviation).

Insert the clause at 52.211-9066, Required Delivery for Orders (AMCOM DLR – DLA Aviation), in solicitations and awards for BOAs, IDIQs, and requirements type contracts for DLA Aviation depot level repairable items managed by AMCOM.

11.204-103 Deliveries or performance – time of delivery (Naval inventory control point (NAVICP) depot level repairable (DLR) – DLA Aviation).

Insert the clause at 52.211-9067, Deliveries or Performance – Time of Delivery (NAVICP DLR – DLA Aviation), in solicitations and awards for DLA Aviation acquisitions of depot level repairable items managed by NAVICP if the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract. When this clause is used, the acquisition specialist shall complete the fill-ins in paragraphs (a) and (c); and the clause at 52.211-9051, Time of Delivery, shall not be used.

11.204-104 Packaging, packing, marking and labeling of hazardous material shipments (DLA Maritime-Norfolk).

Insert the clause in full text at 52.211-9084, Packaging, Packing, Marking and Labeling of hazardous Material Shipments, in all DLA Maritime-Norfolk firm-fixed-price solicitations and awards which require shipment and delivery of hazardous materials.

11.204-105 Prohibited packing materials (DLA Maritime-Norfolk and Puget Sound).

Insert the clause in full text at 52.211-9085, Prohibited Packing Materials, in all DLA Maritime-Norfolk and Puget Sound firm-fixed-price solicitations and awards.

11.204-106 Deteriorative material marking (DLA Maritime-Norfolk and Puget Sound).

Insert the clause in full text at 52.211-9086, Deteriorative Material Marking, in all DLA Maritime-Norfolk and Puget Sound firm-fixed-price solicitations and awards which require delivery of deteriorative material.

11.272-90 Alternate preservation, packaging, and packing.

Use 52.211-9041, Lengths, Tickets, Packaging, Marking of Cuts or Pieces in solicitations and contracts for the manufacture of textile piece goods (i.e., all woven textiles purchased in continuous lengths), and in solicitations for dyeing, finishing, or similar services on GFP textile piece goods, where the applicable specification requires a minimum length for pieces or rolls.

11.274 Item identification and valuation.

11.274-4 Contract clause.

11.274-4(90) Solicitations for items identified by a generic NSN.

Use 52.211-9047, Manufacturer’s Make or Model Number, in solicitations for items identified by a generic NSN as evidenced by acquisition advice code (AAC) W and a statement in the special message field of the PR trailer "NSN is AAC W and for acquisition purposes only."

11.274-4(91) Subsistence acquisitions.

Use 52.211-9048, Data Name Plates, in subsistence acquisitions for items in FSCs 4110, 7310 and 7320.

11.290 Bar coding.

11.291 Unit package marking requirement for component lead finish – contract clause.

Insert the clause at 52.211-9063 in all solicitations and awards when the purchase order text (POT) states that 52.211-9063, Unit Package Marking Requirement for Component Lead Finish, applies; including when acquisitions are conducted using FAR Part 12.

SUBPART 11.3 – ACCEPTABLE MATERIAL

(Revised August 3, 2012 through PROCLTR 2012-45)

11.301 Definitions.

"Actual manufacturer," "approved source," "critical safety item (CSI)," "design control activity," "prime contractor," and "rebranding" are defined in the clause at 52.211-9005, Conditions for Evaluation and Acceptance of Offers for Critical Safety Items.

"Alternate product" and "exact product" are defined in the provision at 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.

“Critical application item” (CAI), as used in this subpart, means an item that is essential to weapons performance, operation, the preservation of life, or safety of operating personnel, as determined by the military services.

“Level I” is the designation given to critical ship and submarine piping systems or other components requiring a high degree of assurance that chemical composition and mechanical properties of installed material meet the specified requirements.

“Surplus material,” as used in this subpart, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the DLA Disposition Services, by contractors authorized by DLA Disposition Services or through another Federal Government surplus program. The terms “surplus” and “Government surplus” are used interchangeably in this subpart.

11.302 Policy.

(ii) Acquire the quantity removed from the LTC separately, using whatever procedures are appropriate to the circumstances (e.g., competitive solicitation, emergency support procedures for high priority requirements, etc.).

(ii) Post an announcement in FedBizOpps stating NSN has been targeted for addition to the LTC; and

(1) Do not hold up the technical referral while waiting for another offer or another offeror’s supporting documentation. Include in the technical referral the completed 52.211-9000 and all supporting documentation provided by the offeror. While it is preferred that an offeror fill out the clause completely, failure to provide all information is not a basis for automatic rejection of the surplus offer. (For critical safety items, also include a copy of 52.211-9005 and supporting documentation provided by the offeror. See 11.302-91.)

(2) Provide all relevant information that will help the technical/quality specialist prioritize the evaluation. Such information includes, but is not limited to, the following: the priority or urgency of the requirement, the quantity being acquired, whether backorders exist, anticipated savings in unit price and/or delivery time if the surplus offer is approved, whether there are other sources, if the surplus offer is the only offer received, etc.

(1) Data provided was inadequate for evaluation, and the offer has been deemed incomplete. Cite specific reasons why the data are inadequate.

(2) The offeror was given an opportunity to provide additional data to support its offer and failed to respond with adequate and timely information. Provide specific details to the offeror to support the contracting officer’s statement(s).

(3) The item manager does not concur in forwarding the surplus offer for review or re-evaluation, or to accommodate an extension of the ESA response time. Use the rationale provided by the item manager and provide specific reasons to the offeror why the surplus offer will not be evaluated.

11.302-90 Use of approved sources.

It is the policy of this agency to ensure that DLA acquires only items produced by, or under the direction of, approved sources. It is also agency policy to apprise DLA’s suppliers of changes in their approval status by promptly notifying a source, pursuant to FAR 9.207(b), upon its removal from a purchase order text (POT) or procurement item description (PID), formerly known as an acquisition identification description (AID); and to actively facilitate approval of these sources (see 11.302-90(a)(1)-(3)).

(1) For disapprovals, the contracting officer or competition advocate shall promptly review the letter to ensure it adequately states the specific reason(s) the request was disapproved. If so, the contracting officer or competition advocate shall ensure that the appropriate management-level signature block is added, and that the letter is promptly signed, dated and forwarded to the source that was removed from the POT or PID.

(2) If the letter requires revision, the contracting officer or competition advocate shall immediately return the letter to the product specialist, specifying the required revisions, and the product specialist will immediately revise the letter and return it.

11.302-91 Management of critical safety items (CSIs).

CSIs are a subset of a larger category of parts known as critical application items (CAIs); CAIs are items whose failure could affect mission, performance, readiness, or safety. CSIs are parts whose failure potentially can cause loss of life, serious injury, loss of an aircraft, or significant damage to an aircraft or associated equipment. Due to the catastrophic consequences that can result if a CSI fails to conform to design data or quality requirements, DLA personnel must follow strict policy guidelines for managing and procuring these items.

11.302-92 Traceability documentation.

See mandatory procedures in PGI 11.302-92, Obtaining and Assessing Adequacy of Traceability Documentation.

11.304-90 Solicitation provision and contract clauses for critical safety items (CSIs) and level I items.

11.304-91 Solicitation provisionsand clauses for Government surplus material.

11.304-92 Clauses for retention of traceability documentation, item substitution, and shelf-life items manufacturing restrictions.

(a) Insert the clause at 52.211-9014, Contractor Retention of Traceability Documentation, in all solicitations and awards for supplies, including when acquisitions are conducted using FAR Part 12; except that, in the event of any inconsistency, the clauses prescribed at 11.304-90(a)-(c) take precedence for critical safety items.

(b) The contracting officer shall use the clauses at 52.211-9022 Substitution of Item After Award and 52.211-9023 Shelf-Life Items Manufacturing Restrictions, in solicitations and awards for part-numbered items, including when acquisitions are conducted using FAR Part 12.

11.304-93 Contract clauses.

SUBPART 11.4 – DELIVERY OR PERFORMANCE SCHEDULES

11.401 General.

Absent locally coordinated operating procedures, contracting personnel will not change production leadtimes or customer required delivery dates without prior coordination with the inventory manager and industrial specialist.

11.401-90 Responsibilities.

11.401-91 Obsolete components or materials.

Subject to contracting officer approval if the pre-award acquisition specialist has no warrant, the pre-award acquisition specialist shall insert the clause at 52.211-9012 in solicitations and contracts when there is potential for obsolete components or materials, either based on specific historical data, or when a firm requests this clause due to possible difficulties with suppliers. If the pre-award acquisition specialist becomes aware of an anticipated delay in award, see 11.401-90(b)(2)(i). If the post-award acquisition specialist becomes aware of an anticipated delay in delivery, see 11.401-90(c)(2)(i). See 11.401-92 regarding potential alternative sourcing strategies.

11.401-92 Potential alternative sourcing strategies.

To resolve order fulfillment delays, the customer account specialist will research possible sources of support, in accordance with Director, DLA Acquisition (J7) memorandum 05-002, Expedite Policy and Processes. If contacted by a supply planner or customer account specialist, the post-award acquisition specialist, in coordination with the product specialist and industrial specialist, as applicable, may recommend consideration of one of the potential alternative sourcing strategies identified below, if appropriate. These potential alternatives would be in addition to any other actions being considered in accordance with policies at 11.401-90, 43.103(a)(90)(1)(i), and 49.101(c).

11.401(93) DLA Energy solicitations and contracts - performance in the Republic of Korea.

Insert the clause at 52.211-9068, Continuance of Performance During any State of Emergency (Republic of Korea) (DLA Energy), in DLA Energy solicitations and contracts when performance is in the Republic of Korea.

11.402 Factors to consider in establishing schedules:

11.402-90 Time definite delivery (TDD) standards.

Contracting officers must ensure that planned direct vendor delivery (DVD) contracts comply with TDD standards for requisition processing to the maximum extent practicable in accordance with DoD Materiel Management Regulation DoD 4140.1-R, Appendix 8When cost considerations for obtaining TDD timeframes prove not to be justifiable or are impractical, contracting officers should consider other alternatives such as: 1) obtain and use DVD support for only those lower requisition priorities for which TDD can be met and use stock support for high priority requisitions; 2) contract for stock only. These business decisions must be fully supported by an economic analysis, business case analysis or vendor stock retention model analysis, where applicable, in accordance with PROCLTR 03-01.

11.402-91 Appropriate exclusions for applying TDD standards.

11.402-93 DVD shipments in the DoD organic distribution system.

The policy of this agency is that DVD arrangements will fully support DLA’s asset visibility objectives and initiatives. DVD shipments must meet requirements of the Defense Transportation System (DTS) when those commercial shipments have to be diverted through DTS entry points. To support in transit visibility, including the customer’s ability to track and trace DVD shipments, DVD contracts shall comply with guidance provided in 52.211-9010. To simplify vendor compliance with this requirement, vendors shall be strongly encouraged to implement the Agency’s automated tool, the distribution planning and management system (DPMS) on a voluntary basis. The Agency goal will be to implement DPMS across the board to all vendors.

11.402-94 Customer direct post-award monitoring and correction actions.

11.404 Contract clauses.

11.404-90 Solicitation provision – business systems modernization (BSM) delivery terms and evaluation.

Insert the provision at 52.211-9011, Business Systems Modernization (BSM) Delivery Terms and Evaluation, in all DLA BSM solicitations.

11.404-91 Contract clauses – delivery and shipment.

11.404 Contract clauses.

11.404-92 Shipping and routing - solicitations and awards for bulk lubricating oil.

Insert the clause at 52.211-9032, Shipping and Routing, in solicitations and awards for bulk lubricating oil: engine, grade OE/HDO 40, MIL-L-2104E.

11.404(a) Supplies or services.

11.404(a)(1)(90) Time of delivery - fixed quantity RFPs, solicitations, and awards.

Clause 52.211-9051, Time of Delivery, shall be used in fixed quantity RFPs, solicitations, and awards. For urgent buys requiring an accelerated delivery schedule, also insert FAR 52.211-11, Liquidated Damages, as appropriate in accordance with FAR 11.501 and 11.503.

11.404(a)(1)(91) Time of delivery – accelerated delivery.

Clause 52.211-9020, Time of Delivery – Accelerated Delivery, may be used in solicitations and awards when accelerated delivery is permitted at no cost or obligation to the government. Prior approval for acceleration from the contracting officer or other Government representative is not required. When accelerated delivery is requested by the Government, delivery shall be included in the solicitation as an evaluation factor, allowing a preference for offers less than the required delivery schedule.

11.404(a)(1)(92) Time of delivery – incremental delivery.

52.211-9049, Time of Delivery – Incremental Delivery, shall be used in solicitations and awards when incremental delivery is requested by the Government. Delivery shall be included in the solicitation as an evaluation factor.

11.404(a)(1)(93) Time of delivery – contracts.

The clause at 52.211-9054, Time of Delivery - Contracts may be used in negotiated acquisitions, specifically requests for proposals (RFPs). Insert NSN(s), quantity that may be ordered any calendar month, and number of days, and any additional quantity that may be ordered per month and number of days."

11.404(a)(1)(94) General receiving and storing conditions (DLA Energy).

Insert the clause at 52.211-9072, General Receiving and Storing Conditions (DLA Energy), in solicitations and awards for DLA Energy acquisitions of contractor-owned/contractor-operated (COCO) storage services.

11.404-93 Base installation.

Use clause 52.211-9038, Time of Delivery/Performance – Base Installation, in all acquisition that require installation services for FSC 34, Industrial Plant Equipment to be performed at one of the following DLA locations, DLA Aviation, DLA Land and Maritime, or DLA Troop Support.

11.404-94 Ordering/time of performance -indefinite delivery/time and material/labor hour contracts.

Use clause 52.211-9057, Ordering/Time of Performance (Indefinite Delivery/Time and Material/Labor Hour Contract), in indefinite delivery T&M/Labor Hour solicitations and awards.

11.404-94 Time of delivery – ordering office.

Use clause 52.211-9069, Time of Delivery – Ordering Office, in solicitations for LTCs that do not contain First Article requirements, unless another time of delivery clause is more appropriate.

11.404-96 Time of delivery – alternate delivery schedules.

Use provision 52.211-9059, Time of Delivery – Alternate Delivery Schedules, in IFBs for C&T, Medical, Subsistence, or C&E items except those for IDCs or partial small business set-asides, where accelerated delivery and liquidated damages are required.

11.404-97 Time of delivery - DLA Land and Maritime.

Clause 52.211-9060, Time of Delivery, may be used in awards for DLA Land and Maritime acquisitions, regardless of what time of delivery clause was used in the solicitation to set forth a revised delivery schedule.

11.404-98 Time of delivery (overlapping orders) ---LTC solicitations and contracts.

Use clause, 52.211-9061, Time of Delivery (Overlapping Orders), in LTC solicitations and contracts when maximum delivery/production rates may limit the suppliers delivery capacity.

11.404-99 Delivery requirements, in solicitation and awards for clothing and textile, medical, and semi-perishable subsistence.

Use clause, 52.211-9062, Delivery Requirements, in solicitation and awards for clothing and textile, medical, and semi-perishable subsistence (excluding Subsistence brand name resale items) items.

SUBPART 11.5 – LIQUIDATED DAMAGES

11.502 Policy.

11.503 Contract clauses.

11.503(a)(90) Liquidated damages.

Use 52.211-9040, Amount of Liquidated Damages, in solicitations and contracts for clothing and textiles, medical, or subsistence items when 52.211-11 is used and delivery is an evaluation factor in addition to price.

SUBPART 11.6 – PRIORITIES AND ALLOCATIONS

11.602-90 General.

11.603(f) Rating authority criteria.

11.603-90 Procedures for placement of contracts when normal solicitations fail.

11.604 Solicitation provision and contract clauses.

SUBPART 11.7 – VARIATION IN QUANTITY

11.701 Supply contracts.

11.701-90 Procedure for closing contracts with inconsequential amounts undelivered.

The contracting officer is authorized on a case-by-case basis to consider a contract completed when an inconsequential amount not falling within the variation in quantity clause remains undelivered or, in the case of brand name subsistence or less than carload lots (LCL) of perishable subsistence items, the undelivered amount is no longer required by the using activity, provided all of the following conditions exist:

11.703 Contract clauses.

11.703-90 Aerial photographic film.

Use 52.211-9050, in solicitations, purchase orders, and negotiated contracts for aerial photographic film, FSC 6750.

11.703(91) Overseas acquisitions of domestic bulk fuels and bulk lubes.

Insert the clause at 52.211-9073, Determination Of Quantity (DLA Energy), in solicitations and awards for DLA Energy overseas acquisitions of domestic bulk fuels and bulk lubes.

SUBPART 11.90 – PRODUCT PHASE-OUT

11.9001 Notification of product phase-out.

Production phase-out of DLA-managed critical application items by the manufacturer could jeopardize the Government's ability to provide continued support for weapon systems or other vital programs. Therefore, the contractor shall be advised that, in the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the contractor is required not only to publish the discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible, but also to provide advance notice to the applicable supply center diminishing manufacturing suppliers and material shortages (DMSMS) point of contact (POC), as well as to the DLA DMSMS integrated support team (IST).

11.9001-90 Solicitation provision and contract clause.

Use 52.211-9052, Notification to Government of and Contemplated Production Phaseout, in solicitations and awards for items designated as having “critical application.”

11.9002-90(a) Relief From Diminishing Manufacturing Sources Or Material Shortages Components (F-16 Program) (Air Force-Hill Depot Level Repairable (DLR) – DLA Aviation).

Insert the clause at 52.211-9070, Relief From Diminishing Manufacturing Sources Or Material Shortages Components (F-16 Program) (Air Force-Hill DLR – DLA Aviation, in solicitations and awards for DLA Aviation acquisitions for depot level repairable items managed by Hill AFB, when diminishing manufacturing sources or material shortage components are applicable.

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