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Section 5452.245-9012: Government-furnished Property Cloth Only

As prescribed in 45.106(96) insert the following clause:

GOVERNMENT-FURNISHED PROPERTY CLOTH ONLY (Jul 2008) - DLAD

(a) ALLOWANCES. The Government may vary the allowances set forth and such variations shall be deemed a change. An appropriate adjustment shall be made in accordance with the procedure provided for in the "Changes" clause of this contract. If the Government so elects, the cloth furnished may be charged to the Contractor's account in units of one yard; where a fraction is less than one-half of one yard, it will not be recorded; where it is one-half of one yard or more, it may be recorded and charged as a full yard. Unless otherwise specified, stated unit allowances are gross, with no reduction for imperfections. If material in widths other than those stated herein is furnished, the applicable unit allowances will be furnished at the time delivery of such material is made. The Contractor shall retain all piece tickets supplied with materials furnished under this contract for a period of 90 days after completion of the contract.

(b) LIABILITY FOR ADDITIONAL PROPERTY. CREDIT FOR PROPERTY RETURNED. Where the Government furnishes more than one type of Government-furnished property, each type furnished will be accounted for between the parties individually and separately. As to each type of property, the Contractor will be charged for all property of that type furnished by the Government in excess of the applicable unit allowances. Savings resulting from the Contractor's use of less than the applicable unit allowance of a particular type of Government-furnished property will revert to the Government, and will not be credited or set off against any excess usages of other types of Government-furnished property by the Contractor. No charge will be made unless the total value of all excess usage exceeds $25.00. In determining whether the Contractor exceeded the unit allowances for each type of property, credit will be given for all property of that type returned undamaged in the form of full pieces and short pieces. No credit will be given for property returned in the form of ends, scrap, or damaged pieces of irreparable items.

(c) PROFICIENT USAGE. The Contractor agrees to cut and use the Government property proficiently in accordance with the best commercial standards and practices employing careful and efficient workers to utilize short pieces, ends, and scrap to the fullest extent possible, consistent with the best and most economical practices; and to produce with a minimum quantity of Government property articles complying in all respects with applicable specifications.

(d) MAINTENANCE AND SEGREGATION OF PROPERTY AND SANITATION. Property shall be maintained and used only in those plants approved by the contracting officer. The Contractor shall arrange and maintain its plant(s) to insure segregation of property for each Government contract and to insure clean and sanitary conditions therein.

(e) RETURN OF PROPERTY. All scrap property shall be segregated as to kind, and shall be weighed after each cutting. ALL WOOL CLOTH IN LOTS LESS THAN CARLOAD OR TRUCKLOAD LOTS BEING RETURNED IN ROLLS WILL BE SUITABLY WRAPPED. If the scrap property and surplus property are not clean when returned, the cost of cleaning will be charged to the Contractor. Sewing room floor sweeping will not be returned.

(f) IRREPARABLE ITEMS. Non-specification items which are irreparable must be shipped to the Government as per instructions of the contracting officer. No payment will be made for such items.

(g) PIN TICKETS. When the Soabar method of shade marking is used, only aluminum or non-corrosive wire staples will be used in the fastening of pin tickets.

(h) REPRESENTATION. Upon completion of deliveries, the Contractor will render the following representation to the property administrator: "It is represented that, with respect to the type(s) of material which the contract provides shall be furnished solely by the Government, all material of said type(s) used in the performance of this contract was furnished by the Government for the performance of this contract; that property furnished by the Government under this contract has been returned to the designated depot(s) or installation(s) and/or disposed of or transferred as authorized by the contracting officer, or its authorized representative, in the form of finished articles, or otherwise; and that this representation is made with full knowledge and understanding of the penalty imposed by Section 1001, Title 18, U.S. Code, for so representing falsely."

(i) DEFINITIONS:

(1) PROPERTY: includes all material and equipment furnished by the Government.

(2) FULL LENGTH PIECES: Single continuous pieces, full width, 30 yards or over in the case of frieze (heavy woolen fabric with long, shaggy knap) and pile fabrics, and nylon knit; 40 yards or over in the case of woolens and worsteds, cotton sateen, polyester fabrics except coated, and synthetic fiber duck except nylon; 50 yards or over in the case of cottons, rayons, nylons, and nylon blends except nylon knit and nylon and rayon blends; 80 yards or over in the case of cotton and nylon ducks; and 100 yards or over in the case of nylon twill, and nylon and rayon blends.

(3) SHORT PIECES: Single pieces, full width, less than full length piece, but not less than 10 yards in the case of frieze and pile fabrics, not less than 18 yards in the case of woolens and worsteds and not less than 20 yards in the case of all other fabrics.

(4) ENDS: Single pieces, full width, less than short length pieces, but not less than 1 1/2 yards in the case of woolens, frieze and pile fabrics and not less than 5 yards in the case of all other fabrics.

(5) SCRAP INCLUDES CLIPPINGS, REMNANTS, CUTTING PARTS AND CUT PARTS:

(i) CLIPPINGS: Residue from cutting operations not large enough to be recut into small components parts.

(ii) REMNANTS: All pieces of cloth up to, but not including, 1 1/2 yards in length in the case of woolens, frieze and pile fabrics, and up to but not including 5 yards in length in the case of all other fabrics.

(iii) CUT PARTS: Cut component parts not assembled or partially assembled.

(iv) CUTTING PARTS: Pieces of cloth of irregular width, lengths and shapes, less than full width from which a square of cloth of at least nine inches by nine inches can be cut.

(j) PROVISIONS APPLICABLE TO CONTRACTS FOR DYEING AND/OR FINISHING OF GOVERNMENT-FURNISHED DUCK:

(1) Only first quality full length pieces and short pieces, as defined above, will be accepted for payment except that acceptance of short pieces is limited as otherwise set forth in this contract. First quality material is material which does not contain finishing defects in excess of the quantity established by Acceptable Quality Levels for first quality material. The cut or roll ticket of the finished duck will show gross yards. The total finished yardage shall equal the greige goods received by the Contractor, plus any yardage gained as a result of dyeing and finishing. Only materials of the same classification, weight and width shall be packed in the same bale or roll.

(2) EXCEPT FOR SCRAP, ALL MATERIAL WILL BE RETURNED TO THE GOVERNMENT. Full pieces other than first quality, short pieces other than first quality, and all ends shall each be constituted into separate, clearly identified lots for return to the Government. Scrap will be disposed of by the Contractor as directed by the contracting officer. The Contractor shall receive no payment for dyeing and/or finishing material which is not acceptable under (j)(1) above, and shall be liable for any material damaged.

(k) VALUATION OF GOVERNMENT-FURNISHED PROPERTY. Government-furnished property will be valued in case of Contractor liability for excess usage, loss, or damage at a price based upon the price shown herein for the basic width indicated, or the current market price, whichever is higher. Materials furnished in widths other than the basic width will be valued at prices representing proportionate conversions from the basic width price.

(End of Clause)




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