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DSCR

DSCR I38: GOVERNMENT SURPLUS MATERIAL

I38   52.211-9000   GOVERNMENT SURPLUS MATERIAL   DLAD (APR 2002)

(Previous versions of this clause are considered obsolete.)

DSCR NOTE:  For electronic quotes, if the information 
requested by this clause cannot be submitted with your 
offer, it must be submitted off-line to the contracting 
officer prior to the solicitation closing date.
    Awards citing origin inspection that authorize the 
furnishing of surplus material will contain a Quality 
Assurance Provision (QAP) S01 in lieu of the QAP (if any) 
specified in this solicitation.  
    A copy of surplus QAP S01 is available on the DSCR 
Master Solicitation, Section 2, at 
http://www.dscr.dla.mil/qap/qaps.htm.   DSCR (JUL 2002)

    (a) Definition.

"Surplus material," as used in this clause, means new, 
unused material that was purchased and accepted by the 
U.S. Government and subsequently sold by the Defense 
Reutilization and Marketing Service (DRMS), by contractors
authorized by DRMS, or through another Federal Government 
surplus program.  The terms "surplus" and "Government 
surplus" are used interchangeably in this clause.  

    (b) The Offeror agrees to complete this clause 
and provide supporting documentation as necessary to
demonstrate that the surplus material being offered 
was previously owned by the Government and meets 
solicitation requirements.  The Offeror must provide 
this information and any supporting documentation on 
or before the date that quotes/offers are due; or 
within the timeframe specified by the Contracting 
Officer, if additional documentation is requested 
after submission of the offer.  Failure to provide 
the requested information and supporting 
documentation within the timeframe requested may 
result in rejection of the offer.  Unless the 
solicitation states otherwise, Offerors of surplus 
material are authorized to open packages, inspect 
material, and reseal packages.  Each time this is 
done, the Offeror's authorized representative or 
inspector must sign the packages where they were 
resealed and annotate the date of inspection.  

    (c)  With respect to the surplus material being 
offered, the Offeror represents that: 

         (1)  The material is new, unused, and not of 
such age or so deteriorated as to impair its usefulness 
or safety.  [ ] Yes  [ ] No   

The material conforms to the technical requirements cited
in the solicitation (e.g., Contractor and Government 
Entity (CAGE) code and part number, specification, etc.).  
[ ] Yes  [ ] No  
The material conforms to the revision letter/number, if 
any is cited.  [ ] Yes  [ ] No  [ ]  Unknown   If no, the 
revision offered does not affect form, fit, function, or 
interface.  [ ] Yes  [ ] No  [ ] Unknown  

The material was manufactured by:

_________________________________________________________
(Name)

_________________________________________________________
(Addresss)

         (2)  The Offeror currently possesses the 
material.  [ ] Yes  [ ] No  If no, the Offeror must attach 
or forward to the Contracting Officer an explanation as to 
how the offered quantities will be secured.  If yes, the 
Offeror purchased the material from a Government selling 
agency or other source.  [ ] Yes  [ ] No   If yes, provide 
the information below:  

Government Selling Agency _______________________________

Contract Number__________________________________________

Contract Date (Month, Year)______________________________


Other Source

  Address________________________________________________

  Date Acquired (Month/Year)_____________________________

         (3)  The material has been altered or modified. 
 [ ] Yes  [ ] No   If yes, the Offeror must attach or 
forward to the Contracting Officer a complete description 
of the alterations or modifications.

         (4)  The material has been reconditioned.  
[ ] Yes  [ ] No  If yes, (i) the price offered includes 
the cost of reconditioning/refurbishment. [ ] Yes  [ ] No;
and (ii) the Offeror must attach or forward to the 
Contracting Officer a complete description of any work 
done or to be done, including the components to be 
replaced and the applicable rebuild standard.  The 
material contains cure-dated components.  [ ] Yes  [ ] No  
If yes, the price includes replacement of cure-dated 
components.  [ ] Yes  [ ] No

         (5) The material has data plates attached.  
[ ] Yes  [ ] No  If yes, the Offeror must state below all 
information contained thereon, or forward a copy or 
facsimile of the data plate to the Contracting Officer.  

_________________________________________________________

_________________________________________________________

         (6)  The offered material is in its original 
package.  [ ] Yes  [ ] No  (If yes, the Offeror has stated 
below all original markings and data cited on the package; 
or has attached or forwarded to the Contracting Officer a 
copy or facsimile of original package markings.) 

Contract Number__________________________________________

NSN______________________________________________________

CAGE Code________________________________________________

Part Number______________________________________________

Other Markings/Data______________________________________

         (7) The Offeror has supplied this same material 
National Stock Number) to the Government before.  
[ ] Yes  [ ] No  If yes, (i) the material being offered is 
from the same original Government contract number as that 
provided previously.  [ ] Yes  [ ] No; and (ii) state 
below the Government Agency and contract number under 
which the material was previously provided:

Agency___________________________________________________

Contract Number__________________________________________

        (8)  The material is manufacturered in accordance 
with a specification or drawing.  [ ] Yes  [ ] No  If yes, 
(i) the specification/drawing is in the possession of the 
Offeror.  [ ] Yes  [ ] No; and (ii) the Offeror has stated 
the applicable information below, or forwarded a copy or 
facsimile to the Contracting Officer.  [ ] Yes  [ ] No

Specification/Drawing Number_____________________________

Revision (if any)________________________________________

Date_____________________________________________________

         (9) The material has been inspected for correct 
part number and for absence of corrosion or any obvious 
defects.  [ ] Yes  [ ] No  If yes, (i) Material has been 
re-preserved.  [ ] Yes  [ ] No; (ii)  Material has been 
repackaged.  [ ] Yes  [ ] No; (iii) Percentage of material 
that has been inspected is _______%  and/or number of 
items inspected is _______; and (iv) a written report was 
prepared.  [ ] Yes  [ ] No  If yes, the Offeror has 
attached it or forwarded it to the Contracting Officer.  
[ ] Yes  [ ] No   

    (d)  The Offeror agrees that in the event of award and 
notwithstanding the provisions of the solicitation, 
inspection and acceptance of the surplus material will be 
performed at source or destination subject to all 
applicable provisions for source or destination 
inspection.

    (e)  The Offeror has attached or forwarded to the 
Contracting Officer one of the following, to demonstrate 
that the material being offered was previously owned by 
the Government (Offeror check which one applies):

[ ]  For national or local sales, conducted by sealed bid, 
spot bid or auction methods, a solicitation/Invitation For 
Bid and corresponding DRMS Form 1427, Notice of Award, 
Statement and Release Document.

[ ]  For DRMS Commercial Venture (CV) Sales, the shipment 
receipt/delivery pass document and invoices/receipts used 
by the original purchaser to resell the material.

[ ]  For DRMS Recycling Control Point (RCP) term sales, 
the statement of account or billing document.

[ ]  For property sold under the exchange or sale 
regulation, conducted by sealed bid, auction or retail 
methods, a solicitation/Invitation for Bid and 
corresponding DRMS Form 1427.

[ ]  When the above documents are not available, or if 
they do not identify the specific NSN being acquired, a 
copy or facsimile of all original package markings and 
data, including NSN, Commercial and Government Entity 
(CAGE) code and part number, and original contract number.  
(This information has already been provided in paragraph 
(c)(6) of this clause.  [ ] Yes  [ ] No.)

[ ]  When none of the above are available, other 
information to demonstrate that the offered  material was 
previously owned by the Government. Describe and/or 
attach.  
_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

    (f)  This clause only applies to offers of Government 
surplus material.  Offers of commercial surplus, 
manufacturer's overruns, residual inventory resulting from 
terminated Government contracts, and any other material 
that meets the technical requirements in the solicitation 
but was not previously owned by the Government will be 
evaluated in accordance with the provision at 52.217-9002.  

    (g)  Offers of critical safety items must comply with 
the additional requirements in 52.211-9005.

    (h)  If requested by the Contracting Officer, the 
Offeror shall furnish sample units, in the number 
specified, to the Contracting Officer or to another 
location specified by the Contracting Officer, within 10 
days after the Contracting Officer's request.  The samples 
will be furnished at no cost to the Government.  All such 
samples not destroyed in evaluation will be returned at 
the Offeror's expense.  The samples will be evaluated for 
form, fit, and function with subassembly, assembly, or 
equipment with which the items are to be used.  End items 
furnished under any contract award to the Offeror 
furnishing the samples can include the returned samples, 
and all acceptable end items will have a configuration 
identical to the samples.  If specific tests of the 
samples' performance are made by the Government, the 
Offeror will be furnished the results of such tests prior 
to a contract being entered into.  In addition to any 
other inspection examinations and tests required by the 
contract, the performance of the end items will be 
required to be as good as that of the samples submitted 
insofar as specific performance tests have been made by 
the Government and the results thereof furnished to the 
Offeror.

    (i)  In the event of award, the Contractor will be 
responsible for providing material that is in full 
compliance with all requirements in the contract or order, 
whether or not the Contractor has possession of applicable 
drawings or specifications, and despite the fact that the 
Government is unable to conduct in-process inspection.  
The Contractor's responsibility to perform is not 
diminished by compliance with the requirement to 
demonstrate that the offered material was previously owned 
by the Government.  The material to be furnished must meet 
the requirements of the current contract or order, whether 
or not the material met Government requirements in 
existence at the time the material was initially 
manufactured or sold to the Government.  The Government 
has the right to cancel any resulting purchase order or 
terminate any resulting contract for default if 
unacceptable material is tendered.

    (j)  If higher level quality requirements apply to the 
material being acquired, those requirements do not apply 
to surplus material furnished under this contract.