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DSCR I224: GOVERNMENT FURNISHED PROPERTY (SILVER - DEFINITE AMOUNT)
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Section: I
DPACS Code: I224
BSM Code: I45F35
Clause Number: 52.245-9G12
Type: LOCAL
Clause last updated: 2005-10
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Date of text: 2004-10
I224 52.245-9G12 GOVERNMENT FURNISHED DSCR (OCT 2004)
PROPERTY (SILVER-DEFINITE
AMOUNT)
(a) Government Property Clause: FAR Clause FAR 52.245-2,
Government Property (Fixed Price Contracts) (JUN 2003) is
incorporated herein by reference.
(b) Government Furnished (GF) Silver: The Government intends
to furnish silver; therefore, the offeror shall exclude the cost of
such GF silver from their offered price. The following conditions
governing GF silver shall apply. Only the type of silver described
herein, in the quantity cited in paragraph (c)(1) below, will be
furnished by the Government at the Government's expense. GF silver
will be valued for all purposes at $__________ per troy ounce of
silver and any adjustments called for will be computed on such basis.
(c) Provisions Relating to Materials to be Furnished
by the Government:
(1) The Government will provide to the Contractor within
thirty (30) days after award a total of ______ troy ounces of
silver with a minimum purity of 99.90% and a per troy ounce value as
indicated in paragraph (b) above. The quantity of silver to be
furnished will be determined by the number of troy ounce(s) of
99.90% pure silver (or fraction thereof) in each end item (as
indicated by the end item percentage of silver cited in the procurement
item description, Government specifications, or other technical data)
multiplied by the total number of end items (which contain silver)
to be delivered under the contract. (Does not include any additional
percent deliverable under a variation in quantity clause if such a
clause is contained in the contract.) Silver will be the only
material furnished by the Government. All other material required
in the performance of this contract shall be furnished by the
Contractor.
(2) The delivery date(s) for supplies to be furnished by
the Contractor under this contract are based upon the expectation
that GF silver being provided will be suitable for use and will be
delivered to the Contractor within thirty (30) days after award.
(i) If GF silver in the quantities called for in
paragraph (c)(1) above is not delivered to the Contractor, the
contract unit price shall be increased by an amount computed based
on the amount of GF silver not supplied multiplied by the value of
a troy ounce of silver as provided in paragraph (b) above and then
divided by the total number of end items (which contain silver)
being procured.
(ii) If the GF silver provided does not meet the
purity standard specified herein or if the purity standard of
the Government silver is not adequate for the Contractor's use,
the Contractor shall, upon receipt of the GF silver, notify the
Administrative Contracting Officer (ACO) of such fact. If the
ACO directs the Contractor to return the GF silver, the contract
unit price shall be increased by an amount computed based on the
amount of GF silver returned multiplied by the value of a troy
ounce of silver as provided in paragraph (b) above and then divided
by the total number of end items (which contain silver) being
procured.
(iii) The foregoing provisions for adjustment are
exclusive and the Government shall not be liable in any suit for
breach of contract by reason of any delay in delivery of GF silver
or delivery of such silver in a condition not suitable for its
intended use.
(3) GF silver will be delivered to the Contractor FOB
at or near the Contractor's or subcontractor's plant. Contractor
may indicate a subcontractor to receive the GF silver. The
Contractor will be responsible for the GF silver upon arrival
at the designated plant. Any subsequent forwarding of the GF
silver from the subcontractor's plant to the prime Contractor's
plant will be the full responsibility of the prime Contractor.
OFFEROR SHALL INSERT IN SPACE BELOW THE NAME AND COMPLETE ADDRESS
OF THE PLANT TO WHICH THE GF SILVER IS TO BE DELIVERED.
PLANT:
LOCATION:
(4) The Contractor shall establish and maintain adequate
records, either manual or mechanized, in such form as to reflect
adequately the amount of GF silver for which it is accountable.
The Contractor's normal industrial practice in maintaining property
control records for material, the same as or similar to the material
provided as Government property, will be considered acceptable by
the Government. Such records will be made available for inspection
by the Government at reasonable times. These Contractor maintained
records shall be the official contract property record. If any GF
silver is in the possession of a subcontractor, the Contractor shall
bear the responsibility of insuring that adequate records are
maintained by the subcontractor.
(5) Use of Government Furnished Silver: When authorized
by the property administrator in accordance with FAR 45.505-3, the
GF silver provided may be commingled with the Contractor's property
and used in the manufacture of items or supplies.
(6) Risk of Loss: The Government shall at all times have
title to GF silver in the Contractor's possession in a quantity
equal to that supplied as Government furnished property less the
quantity in the item(s) delivered to the Government. Unless
otherwise provided in this contract, the Contractor assumes the
risk of, and shall be responsible for, any loss of or damage to
GF silver provided under this contract upon delivery of the silver
to the plant specified by the Contractor in paragraph (c)(3) above.
The Contractor shall be responsible for delivery of GF silver to the
Government in the quantity supplied as Government furnished property,
less the quantity delivered in the end items computed on the "Unit
Allowance" basis.
(7) Access: The Government, and any persons designated
by it, shall at all reasonable times have access to the premises
wherein any GF silver is located for the purpose of inspecting the
Government property.
(8) Final Accounting and Disposition of GF Silver:
Upon completion of this contract, or at such earlier dates as
may be fixed by the ACO, the Contractor shall submit, in a form
acceptable to the ACO, inventory schedules covering all items of
GF silver not consumed in the performance of the contract or not
theretofore delivered to the Government in the end item(s) (based
on the unit allowance specified elsewhere in the contract) and
shall prepare for shipment, deliver FOB Origin, or dispose of
the Government property, as may be directed by the ACO.
(9) Communications. All communications issued pursuant
to this clause shall be in writing.
(10) GF silver shall have a minimum purity of 99.90%.
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