As prescribed in 27.409-92 insert the following clause:
DEMILITARIZATION - SMALL ARMS WEAPONS AND PARTS, AND ACCESSORIES (CATEGORY I - MUNITIONS LIST ITEMS) (AUG 2007) - DLAD
(a) Definitions: "Excess property" means property of the type covered by this contract for which the contractor does not claim or is refused payment including, but not limited to, rejects or overruns. Excess property (whether title to the property is in the Government or not) includes completed or partially completed parts, components, subassemblies and assemblies, end items, and all associated packaging and marking.
(ii) "Significant Military Equipment (SME)" means those articles for which special controls are warranted because of their capacity for military utility or capability.
(iii) "Munitions List Items (MLI)" means those items listed on the U.S. Munitions List. the U.S. Munitions List delineates the articles, services and related technical data designated as defense articles and defense services pursuant to the Arms Export Control Act.
(b) This contract requires the manufacture, assembly, test, maintenance, repair and/or delivery of military/defense items. This clause sets forth the requirements for the demilitarization, and corresponding certification, of excess property under this contract. These requirements are applicable to any contractor/subcontractor who performs work on this contract.
(c) (1) Upon completion of production of this contract, the contractor shall notify the Administrative Contracting Officer (ACO), or his designated representative, in a timely manner so that a Government representative can physically witness the demilitarization of material under this contract. Demilitarization shall be accomplished as prescribed in subparagraph (d) below. The contractor and the Government representative are both required to sign and date the demilitarization certificate (provided below). The certificate shall state that demilitarization has been accomplished, and identify the quantity and items which were demilitarized.
CERTIFICATE
I, __________________________________ (name and title of contractor's employee)am the officer or employee of ___________________________________ (name of company) responsible for assuring demilitarization requirements have been accomplished. I certify that ** (IDENTIFY ITEMS AND QUANTITIES)
** were demilitarized in accordance with instructions provided in contract ________________________ (contract number).
(End of Certificate)
(2) This certificate, along with the final DD Form 250, will be forwarded by the Government QAR to the ACO so that final payment can be made. The ACO will not release the final DD Form 250 for payment to the contractor unless the Demilitarization Certificate has been received. The Demilitarization Certificate received will become part of the contract file.
WARNING: SIGNING A FALSE CERTIFICATE CONSTITUTES A FELONY AND MAY SUBJECT THE INDIVIDUAL TO CRIMINAL PROSECUTION.
(3) To accomplish the certification requirements for subcontractor demilitarization, the contractor is required to follow all procedures of subparagraph (c)(1) above. The subcontractor is responsible for all of the contractor requirements specified, and the contractor is responsible for all of the Government requirements specified. Therefore, the prime contractor must witness the actual demilitarization of material under this contract by the subcontractor, and so certify.
(d) Excess property shall be completely destroyed or mutilated (whichever is prescribed) prior to final payment, as set forth below. Demilitarization is necessary in order that the property will be unusable or nonreclaimable for its original purpose, and to preclude the possibility of reconditioning the property to make saleable as implements of destruction.
(1) The following items are considered to be SME and require total destruction worldwide:
(i) All nonautomatic, semiautomatic, and automatic firearms and other weapons up to and including .50 caliber and all components and parts;
(ii) Shotguns and all components and parts;
(iii) Shoulder fired grenade launchers and all components and parts;
(iv) Man portable rocket launchers and all components and parts;
(v) Individually operated weapons which are portable and/or can be fired without special mounts or firing devices and which have potential use in civil disturbances and are vulnerable to theft and all components and parts;
(vi) Pyrotechnic pistols and other ground signal projectors and all components and parts;
(vii) Rifle grenade launchers and all components and parts;
(viii) Magazines and ammunition clips for items in this category.
(ix) Insurgency or counter-insurgency type firearms or other weapons having a special military application (i.e., close assault weapons systems), regardless of caliber, and all components and parts;
(x) Technical data related to the manufacture or production of any defense article enumerated above.
(2) The following items are considered to be SME accessories and require key point demilitarization worldwide:
(i) Gun mounts (including bipods and tripods). Key points are all attachment points/fittings and moveable joints.
(3) The following items are considered to be MLI accessories and require total or key point destruction worldwide, or as indicated:
(i) Silencers, suppressors and mufflers (total destruction).
(ii) Rifle scopes and all types of telescopic and optical sights including those designated for night sighting and viewing (key point destruction). Key points are attachment points/fittings, lenses, infrared source and as otherwise indicated by the ICA.
(4) The following items are considered to be MLI and do not require demilitarization:
(i) All other technical data (not in subparagraph (d)(1) above) and defense services directly related to any defense article enumerated in this category.
(e) Method and degree of demilitarizations.
(1) For items listed in subparagraph (d)(1) above, the preferred normal method of demilitarization is by torch cutting utilizing a cutting tip that displaces at least ½ inch of metal. All cuts will completely sever the item and be made in accordance with instructions applicable to the items being demilitarized as depicted in appropriate figures in Appendix 7 of DoD 4160.21-M-1, Defense Demilitarization and Trade Security Control Manual. Shearing, crushing, deep water dumping or melting may be utilized when such methods of demilitarization are deemed more cost effective and/or practicable and are authorized by appropriate authority.
(2) Machine Guns will be demilitarized by torch cutting utilizing a cutting tip that displaces at least 1/2 inch of metal or shearing the receiver in a minimum of two places or by crushing in a hydraulic or similar type press. The barrel will be torch cut, sheared or crushed in the chamber area and in two or more places to the extent necessary to prevent restoration. If the shearing or crushing method is used, the trunnion block and side frame must be completely cut through, broken or distorted to preclude restoration to a usable condition.
(3) Receivers shall be demilitarized by torch cutting in a minimum of two places utilizing a cutting tip that displaces at least 1/2 inch of metal or crushed to the extent necessary to preclude restoration to a usable condition.
(4) Bolts and barrels will be demilitarized by torch cutting utilizing a cutting tip that displaces at least 1/2 inch of metal or crushed to the extent necessary to preclude restoration to a usable condition.
(5) Accessories, i.e., silencers and mufflers, rifle grenade launchers, riflescopes and all types of telescopic and optical sights including those designed for night sighting and viewing, and gunmounts (including bipods and tripods) will be demilitarized by breaking, crushing or cutting in a manner which precludes restoration to a usable condition in accordance with instructions applicable to the items being demilitarized as depicted in appropriate figures contained in Appendix 7 of DoD 4160.21-M-1.
(6) Other metallic parts, will be demilitarized by cutting, crushing or melting.
(7) Technical Data, to include any reproduced copies, additional drawings and working papers, will be demilitarized by burning, shredding or pulping.
(f) If demilitarization by melting is authorized and the contractor does not possess the capability to perform this operation, this melting could be accomplished at contractor expense by Rock Island Arsenal. If you desire to use this method, contact Armament and Chemical Acquisition and Logistics Activity, ATTN: AMSTA-AC-PCW-C, Rock Island, IL 61299-7630, for a copy of "Attachment - Demilitarization by Melting/Demilitarization of Surplus Small Arms Weapons and Parts".
(g) The requirements of this clause shall apply to any packaging of Government property and excess property containing nonremovable markings required exclusively by this contract. Removable markings shall be removed before any nondemilitarized disposition.
(h) The contractor/subcontractor agrees that no items demilitarized, as stated above, will be disposed of by the contractor/subcontractor other than as scrap.
(i) Any excess property which arises out of this contract, but for which no demilitarization order was included in the contract, shall not be released, retained, sold, or disposed of in any manner without instructions from the ACO.
(j) Any requests for exceptions or waivers to this clause must be made in writing to the Procuring Contract Officer.
(k) The contractor further agrees that this clause, including this subparagraph (k), will be included in any subcontracts for the aforesaid items.
(End of Clause)
