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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 9 Contract Number: GS-07F-0031W <br />Contractor's maintenance program shall enable the identification, disclosure, and performance of <br />normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the <br />Property Administrator the need for replacement and/or capital rehabilitation. <br />(x) Property closeout. The Contractor shall promptly perform and report to the Property <br />Administrator contract property closeout, to include reporting, investigating and securing closure of all <br />loss of Government property cases; physically inventorying all property upon termination or <br />completion of this contract; and disposing of items at the time they are determined to be excess to <br />contractual needs. <br />(2) The Contractor shall establish and maintain Government accounting source data, as may be <br />required by this contract, particularly in the areas of recognition of acquisitions, loss of Government <br />property, and disposition of material and equipment. <br />(g) Systems analysis. <br />(1) The Government shall have access to the Contractor's premises and all Government property, at <br />reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor's property <br />management plan(s), systems, procedures, records, and supporting documentation that pertains to <br />Government property. This access includes all site locations and, with the Contractor's consent, all <br />subcontractor premises. <br />(2) Records of Government property shall be readily available to authorized Government <br />personnel and shall be appropriately safeguarded. <br />(3) Should it be determined by the Government that the Contractor's (or subcontractor's) <br />property management practices are inadequate or not acceptable for the effective management and <br />control of Government property under this contract, or present an undue risk to the Government, the <br />Contractor shall prepare a corrective action plan when requested by the Property Administrator and take <br />all necessary corrective actions as specified by the schedule within the corrective action plan. <br />(h) Contractor Liability for Government Property. <br />(1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss of <br />Government property furnished or acquired under this contract, except when any one of the following <br />applies- <br />(i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of <br />such insurance or reimbursement). The allowability of insurance costs shall be determined in <br />accordance with 31.205-19. <br />(ii) Loss of Government property that is the result of willful misconduct or lack of good faith <br />on the part of the Contractor's managerial personnel. <br />(iii) The Contracting Officer has, in writing, revoked the Government's assumption of risk for <br />loss of Government property due to a detennination under paragraph (g) of this clause that the <br />Contractor's property management practices are inadequate, and/or present an undue risk to the <br />Government, and the Contractor failed to take timely corrective action. If the Contractor can establish <br />by clear and convincing evidence that the loss of Government property occurred while the Contractor <br />had adequate property management practices or the loss did not result from the Contractor's failure to <br />maintain adequate property management practices, the Contractor shall not be held liable. <br />(2) The Contractor shall take all reasonable actions necessary to protect the property from further <br />loss. The Contractor shall separate the damaged and undamaged property, place all the affected <br />property in the best possible order, and take such other action as the Property Administrator directs. <br />(3) The Contractor shall do nothing to prejudice the Government's rights to recover against third <br />parties for any loss of Government property. <br />Page: 180 of 211 <br />