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DLAD PART 46 – QUALITY ASSURANCE



PART 46 – QUALITY ASSURANCE

TABLE OF CONTENTS

SUBPART 46.1 – GENERAL

46.101 Definitions.

46.102-90 Consideration of quality in contractual decision-making.

46.103 Contracting office responsibilities.

46.105 Contractor responsibilities.

SUBPART 46.2 – CONTRACT QUALITY REQUIREMENTS

46.202-3 Standard inspection requirements.

46.202-4 Higher-level contract quality requirements.

46.202-4-90 Manufacturing process controls and in-process inspections.

SUBPART 46.3 – CONTRACT CLAUSES

46.300(97) Drawings for inspection.

46.302 Government inspection (DLA Disposition Services).

46.311 Higher-level contract quality requirement.

46.312 Construction contracts.

46.390 Certificate of quality compliance (COQC).

46.391 Measuring and test equipment.

46.392 Contract clauses for product verification testing (PVT) and production lot testing (PLT).

46.394

46.395

46.396

SUBPART 46.4 – GOVERNMENT CONTRACT QUALITY ASSURANCE

46.401 General.

46.402 Government contract quality assurance at source.

46.402-91

46.402-93

46.403 Government contract quality assurance at destination.

46.407 Nonconforming supplies or services.

46.407-97

46.470-1 Planning.

46.490 Oversight of DoD supply chain integrity.

SUBPART 46.5 – ACCEPTANCE

46.502 Responsibility for acceptance.

46.503 Place of acceptance.

46.504 Certificate of Conformance.

SUBPART 46.6 – MATERIAL INSPECTION AND RECEIVING REPORTS

46.601 General.

46.601-90

SUBPART 46.7 – WARRANTIES

46.706 Warranty Terms and Conditions.

46.708 Warranties of Data.

46.709 Warranties of Commercial Items.

46.710 Contract Clauses.

46.790 Record of warranty actions.

SUBPART 46.8 – CONTRACTOR LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY OF THE GOVERNMENT

46.805 Contract Clauses.

SUBPART 46.1 – GENERAL

46.101 Definitions.

Nonconformance. A departure from the requirements specified in the contract, specification, drawing, or other approved product description.

Nonconforming Material. Any item, part, or product with one or more characteristics which depart from the requirements in the contract, specification, drawing, or other approved product description.

Deviation. A written authorization, granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time.

Waiver. A written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use "as is" or after repair by an approved method.

Request for Deviation. The formal document submitted by the contractor to the Government for the purpose of requesting departure from a specific performance or design requirement of a contract, specification, or referenced document.

Request for Waiver. The formal document submitted by the contractor to the Government for the purpose of requesting acceptance of designated nonconforming supplies or services.

Latent defect. One which cannot be ascertained from a reasonable inspection; not readily discernible.

Nonvoluntary recoupment. A recoupment which the contractor is legally and contractually obligated to provide; recompense that the Government can demand from the contractor.

Patent defect. One which is ascertainable from a reasonable inspection at time of acceptance.

Voluntary recoupment. Recompense provided voluntarily by the contractor for defects deemed to be contractor-caused. (The Government cannot demand reimbursement for patent defects discovered after acceptance, because acceptance is conclusive except for latent defects, fraud, gross mistake, warranted items, and the like.)

46.102-90 Consideration of quality in contractual decision-making.

The Government shall consider the use of:

(a) Contractual means for encouraging excellence in the conduct of contractor-responsible quality efforts;

(b) Incentive fee arrangements for achieving quality goals;

(c) Reduced Government surveillance when contractor's quality performance so indicates; and

(d) Other noncontractual motivation techniques.

46.103 Contracting office responsibilities.

(A) Date logged in;

(B) Control number assigned by submitting activity;

(C) Contracting officer assigned;

(D) Submitting activity;

(E) Originator's required suspense;

(F) Category of CDP problem;

(G) Date required actions completed;

(H) Date logged out.

(ii) The control point will establish a suspense date based on the priority noted in box 5, DD Form 1716.

(iii) The DD Form 1716 will be forwarded for evaluation to the contracting officer having cognizance over the affected contract.

(4) (i) The contracting officer will refer the DD Form 1716 to other technical areas if additional expertise is required. The contracting officer is also responsible for coordination with the technical operations element if contact is required with Service users, engineering support activities (ESAs), or specification preparing activities.

(ii) If it is determined that the recommended improvement/reported deficiency is significant, and delivery and payment have not been completed, action will be taken to modify the current contract. If the recommended improvement/ reported deficiency is insignificant, action will be taken only on future contracts.

(iii) When requested by the submitter of the DD Form 1716, the contracting officer will furnish a reply which states the action to be taken or the rationale for no action. When actions cannot be completed by the suspense date established in accordance with subparagraph (3)(ii) above, the contracting officer will use a DLA Form 65-R (Notification Form), or equivalent, to notify both the submitter and the control point of the revised completion date.

(iv) When all appropriate actions have been completed, the contracting officer will return the completed DD Form 1716 and any necessary documentation to the control point.

(5) The control point will review the completed DD Form 1716 package to determine if all required actions have been completed and if the corrective action developed, or justification for continuing existing requirements, is appropriate. If the response is determined to be appropriate, the log will be so annotated; if additional actions are required, the package, with rationale for additional required actions, will be returned to the contracting officer.

(6) As a means of identifying trends in recommended improvements/reported deficiencies, the control point will review the log on a quarterly basis. Trend data will be forwarded to the contracting office's policy, plans, and/or programs element in order to assist management in focusing on those areas where procedures have not been followed, contract deficiencies have been noted, or repetitive situations have occurred which necessitate further investigation.

46.105 Contractor Responsibilities.

46.105-90

Use 52.246-9033, Operational Check of Equipment Items, in solicitations and awards for medical items except when the item is Federal Supply Classes 6505, 6510, 6532, or Federal Supply Group 68.

SUBPART 46.2 – CONTRACT QUALITY REQUIREMENTS

46.202-3 Standard inspection requirements.

46.202–4 Higher-level contract quality requirements.

(b) When the product specialist determines that use of higher-level contract quality requirements is warranted—

(90) The product specialist shall—

(i) Insert the following STO in the PID:

“HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT APPLIES. SEE FAR 52.246-11.”

(ii) When a quality standard other than ISO 9001:2000 is required:

(A) Remove the NSN from the automated system; and

(B) Identify the applicable quality standard in the Material Master.

(91) The contracting officer shall—

(i) When soliciting NSNs with a higher-level contract quality requirement:

(A) Insert the clauses as required at 46.311; and

(B)(1) When ISO 9001:2000 is required, check the block next to ISO 9001:2000 in the clause at FAR 52.246-11; or

(2) When a quality standard other than ISO 9001:2000 is required, complete the clause at FAR 52.246-11 as follows:

(i) Do not check the block next to ISO 9001:2000;

(ii) Check the next block down; and

(iii) Enter the quality standard the product specialist has indicated as being required.

(ii) When evaluating offers for an NSN with a higher-level contract quality requirement and the offeror in line for award has proposed an alternative quality standard:

(A) Determine whether to delay award to evaluate the alternative quality standard:

(1) Obtain confirmation from the supply planner and product specialist that delay of award is unlikely to result in backorders. This determination shall be based on the Agency supply position and the anticipated lead time required for evaluation.

(2) For any purchase, if the time before proposed award does not permit evaluation of an alternative quality standard, and delay of award would adversely affect the Government, then such offers may be considered technically unacceptable for the current acquisition, and award may be made to the otherwise acceptable offeror. The benefits which may accrue to the Government if the alternative quality standard were accepted must be weighed against any adverse effects caused by delaying award. Consideration shall be given to requesting expedited evaluation of the alternative quality standard if the benefits are significant.

(3) Alternative quality standards shall not be evaluated for the instant procurement when acquiring Priority 1 items (IPG 1-3), items on backorder, or Not Mission Capable (NMC) items.

(B) When it is determined to delay award to evaluate an alternative quality standard, refer the offer to the product specialist for review.

(iii) When making award for an NSN with a higher-level contract quality requirement and the product specialist has approved an alternative quality standard for the awardee, complete the clause at FAR 52.246-11 as follows:

(A) Do not check the block next to ISO 9001:2000;

(B) Check the next block down; and

(C) Enter the alternative quality standard approved for the award.

46.202–4-90 Manufacturing process controls and in-process inspections.

(1) Except for conditions cited immediately below, the clause at 52.246-9001, Manufacturing Process Controls and In-Process Inspections, shall be used in solicitations that require higher-level contract quality requirements, when a need exists to strengthen manufacturing process controls and in-process inspections to assure the integrity of the product.

(2) The clause at 52.246-9001 shall be used in all clothing and textile (C&T) solicitations that require higher-level contract quality requirements in accordance with FAR 46.202-4. The clause at FAR 52.246-11, Higher-Level Contract Quality Requirement (Government Specification) and the clause at 52.246-9001 shall be used in C&T solicitations for Government-furnished material (GFM), and shall flow down to the finisher when Contractor-furnished material is a solicitation requirement. C&T solicitations for GFM shall contain coverage to ensure that higher-level contract quality requirements and the clause at 52.246-9001 are applicable to the finisher in the event a converter is awarded the prime contract.

SUBPART 46.3 – CONTRACT CLAUSES

(Revised September 8, 2011 through PROCLTR 2011-32)

46.300 (97) Drawings for Inspection (LOGCOM DLR – DLA Land and Maritime).

Insert the clause at 52.246-9071 Drawings for Inspection (LOGCOM DLR – DLA Land and Maritime) in all solicitations and contracts for DLA Land and Maritime of depot level repairable items managed by LOGCOM when Government inspection will be conducted at source and drawings will not be furnished by the Government, except when the acquisition is conducted using FAR Part 12.

46.302(90) Government Inspection (DLA Disposition Services).

Insert the clause at 52.246-9072, Government Inspection (DLA Disposition Services), in all solicitations and awards for DLA Disposition Services acquisitions of hazardous waste disposal services.

46.311 Higher-Level Contract Quality Requirement.

When the clause at FAR 52.246-11 is used, the contracting officer shall insert the clauses at 52.246-9043, Higher-Level Contract Quality Requirement (Non-Manufacturers), and FAR 52.246-2, Inspection of Supplies-Fixed Price, in solicitations and awards, including when acquisitions are conducted using FAR Part 12.

46.311-90 Sanitary conditions, subsistence.

Use 52.246-9044, Sanitary Conditions, in Subsistence solicitations and contracts.

46.311-91 Federal Food, Drug and Cosmetic Act-Wholesale Meat Act.

Use 52.246-9045, Federal Food, Drug and Cosmetic Act-Wholesale Meat Act, in Subsistence solicitations and contracts except Fresh Fruits and Vegetables.

46.311-92 Phytosanitary certificates for export shipments of produce.

Use 52.246-9046, Phytosanitary Certificates for Export Shipments of Produce, in blanket purchase agreements (BPA) for fresh fruits and vegetables.

46.311-93 Entry into plant by Government employees.

Use 52.246-9047, Entry into Plant by Government Employees for Meal, Ready-to-Eat (MRE) and Tray Pack Items, in acquisitions for MRE and tray pack semi-perishable items.

46.311-94 Storage of semi-perishable components.

Use 52.246-9049, Storage of Semi-perishable Components for Meal, Ready-to- eat (MRE) and Tray Pack, in acquisitions for MRE and tray pack semi- perishable items.

46.311-95 Acquisition of liquids in bulk quantities.

Use 52.246-9050, Acquisition of Liquids in Bulk Quantities, in acquisitions for FSCs 6810 and 6850 when the POT reflects the following statement: "The quantity of material loaded into the transportation vehicle shall be determined in accordance with the applicable paragraph of Clause 52.247-9050 referenced to degrees Fahrenheit."

46.312 Construction Contracts.

46.312-90 Inspection of Construction.

Use 52.246-9028, Inspection of Construction, in solicitations and awards when construction will be performed on a center.

46.390 Certificate of quality compliance (COQC).

46.391 Measuring and test equipment.

The contracting officer shall insert the clause at 52.246-9003, Measuring and Test Equipment, in solicitations and contracts which contain the COQC and which call for inspection at source. This clause may also be used independently of the COQC clause.

46.392 Contractor clauses for product verification testing (PVT) and production lot testing (PLT).

46.393 Solicitation provisions and contract clauses for Aircraft Launch and Recovery Equipment (ALRE).

46.393(a)

Ensure the ALRE clause 52.246-9005 is included in both the solicitation and award for all ALRE requirements with an SPC code of “01”.

46.394(a)

Use 52.246-9009, Lubricating Oil, Internal Combustion Engine MS9250 (A Qualified Product) DLAD (Aug 2007), when purchasing lubricating oil purchased under MIL-L-9000.

46.394(b)

Use 52.246-9010, Determination of Quantity Specific to Lubricating Oils DLAD (Aug 2007), in acquisitions for Lubricating Oil, Engine, Grade OE/HDO 40, MIL-L-2104E.

46.394(c)

Use 52.246-9011, Liquefied Petroleum Gases Quality Assurance DLAD (Aug 2007), When liquefied petroleum gases specified in the purchase order text (POT).

46.395

46.396 Solicitation Provisions and Contract Clauses for Metal Items.

46.396

The contracting officer may insert the clause at 52.246-9002, Product Certification and Test Reports (Metals), in solicitations and contracts for items in FSG 95 and 96 that contain metals and require certification and test reports with each shipment.

SUBPART 46.4 – GOVERNMENT CONTRACT QUALITY ASSURANCE

(Revised September 13, 2011 through PROCLTR 2011-37)

46.401 General.

46.401-90

Use 52.246-9034, Testing at Government Laboratory, on solicitations and contracts for medical items, unless otherwise indicated by cognizant technical personnel.

46.401-91 Quality assurance provisions.

Use 52.246-9032, Identification of Qualified Laboratory and Source Sampling, in C&T solicitations and contracts for items that require sampling of Contractor Furnished Material at textile finishing plants for verification testing at a contractor's laboratory or at appropriate ICP location.

46.401-92 Use of commercial concerns to perform inspection of services and facilities (DLA Disposition Services ).

Insert the clause at 52.246-9073, Use Of Commercial Concerns To Perform Inspection Of Services And Facilities (DLA Disposition Services ), in all solicitations and awards for DRMS acquisitions of hazardous waste disposal services.

46.402 Government contract quality assurance at source.

Except as provided in 46.402(90)(2)-(3) and 42.402(91), DLA buying activities shall not delegate contract administration to DCMA when a contract, purchase order, or delivery order is valued below $250,000 and requires Government contract quality assurance at source, unless –

46.402-90 Acquiring quality assurance support on contracts awarded to contractors located overseas.

When the solicitation designates quality assurance at source and the award is anticipated to be made to a contractor located overseas, the contracting officer will obtain a commitment from the cognizant overseas DCMA component or host nation Government quality assurance authority prior to the award of the contract to perform the requested contract administration services (CAS). Contracting activities are authorized to deviate from this requirement when acquisition history provides confidence that adequate technical/quality CAS for a specific contract commodity is available in an applicable overseas geographical area.

46.402-91

Use 52.246-9012, Preparation for Delivery and Inspection of Fresh Fruits and Vegetables, in acquisitions for fresh fruits and vegetables.

46.402-92

Use 52.246-9013, Contractor and Government Samples at Origin, in Subsistence solicitations and awards except brand name, warehouse services or fresh fruits and vegetables acquisitions.

46.402-93

46.403 Government contract quality assurance at destination.

46.404 Government contract quality assurance for acquisitions at or below the simplified acquisition threshold.

DLA buying activities shall not delegate contract administration to DCMA when a contract, purchase order, or delivery order is valued at or below the applicable simplified acquisition threshold or below $250,000, whichever amount is greater, and requires Government contract quality assurance at source, unless the applicable criteria at 46.402 have been met.

46.407 Nonconforming supplies or services.

DLA Land and Maritime

=5.64% (or 0.0564)

DLA Land and Maritime ( )

=8.13% (or 0.0813)

DLA Aviation

=5.14% (or 0.0514)

DLA Troop Support

=12.81% (or 0.1281)

DLA Troop Support (C&T)

=0.07% (or 0.0007)

DLA Troop Support (Medical)

=1.47% (0.0147)

46.407(97)

Use 52.246-9039, Removal of Government Identification from Non-Accepted Supplies, in all solicitations and contracts.

46.407-97

Use 52.246-9025, Reinspection of Nonconforming Supplies, in subsistence solicitations and contracts except warehouse services and brand name commissary resale.

46.407-97

Use 52.246-9051, Repackaging of Hazardous Material, in DLA Direct solicitations and awards only for NSNs in FSCs 6140, 6810, 6820, 6830, 6840, 6850, 9110, or 9150 and which have a Department of Transportation (DOT) classification of flammable liquid, flammable gas, corrosive material, organic peroxide, oxidizer, or poison B specified in the item description, except do not use this clause for items purchased against Federal Supply Schedule. Applicable items shall be solicited inspection at origin, acceptance at destination and f.o.b. destination unless items meeting the above criteria are commercial off-the-shelf and/or part numbered items and the PR cites inspection/acceptance at destination. DO NOT USE Clause 52.246-15, Certificate of Conformance, (Sec E) or Fast Pay procedures.

46.407-98

Use 52.246-9062, Repackaging to Correct Packaging Deficiencies, in DLA direct solicitations and awards when inspection and acceptance is at destination, inspection/acceptance is at origin and Certificate of Conformance has been authorized, or when inspection and acceptance points are mixed and Certificate of Conformance is authorized.

46.470-1 Planning.

46.471 Authorizing shipment of supplies.

The DLA Contracting Officer shall provide written notification to the Defense Contract Management Agency (DCMA) Administrative Contracting Officer (ACO) through a Quality Assurance Letter of Instruction (QALI) regarding any first time production items or suppliers, and any adverse supplier or item quality history. In the case of first time production items or first time suppliers, or when there is evidence of poor quality, the ACO shall not invoke ARP until positive performance history is established. If the ACO implements ARP procedures when positive performance history is established, the ACO shall notify the DLA Contracting Officer in writing when the letter which invokes ARP is issued to the contractor. If negative quality becomes evident during contract performance, the DLA Contracting Officer shall notify the ACO through a QALI. The ACO will revoke ARP until satisfactory performance is achieved, and shall notify the DLA Contracting Officer in writing when the letter which reinstates ARP is issued to the contractor.

46.490 Oversight of DoD supply chain integrity.

SUBPART 46.5 – ACCEPTANCE

(Revised July 28, 2011 through PROCLTR 2011-21)

46.502 Responsibility of Acceptance.

46.503 Place of acceptance.

46.503-90

Insert the clause at 52.246-9029, Inspection and Acceptance Points, as needed, to indicate mixed inspection and acceptance points in solicitations and contracts for energy and supplies.

46.503-90

Use 52.246-9040, Inspection and Acceptance - Supervision of Installation, when supervision by contractor of equipment installation at destination is required. Use 52.237-9004 with this clause.

46.503-91

Use this clause, 52.246-9080, Points of Inpection and Acceptance (DLA Energy ), in solicitations/contracts at the Contracting Officer’s discretion. Primarily for use by, but not limited to, bulk lubes and aerospace energy for propellants, cryogenics and gases.

46.504 Certificate of Conformance.

46.504-90

Use 52.246-9014, Certificate of Conformance, in Subsistence solicitations and awards except perishable Indefinite Delivery Type Contracts (IDTC) (other than pork items), brand name resale, fresh fruits and vegetables, warehouse services and non-food components of operational rations.

46.504(a)(90)

Use 52.246-9042, Documentation of Traceability - QPL/QML Integrated Circuits, Hybrid Microcircuits, and Semiconductor Devices, in all solicitations and awards (regardless of point of inspection) for QPL or QML integrated circuits or hybrid microcircuits procured in accordance with MIL-M-38510, MIL-PRF-38534 or MIL-PRF-38535, and semiconductor devices procured in accordance with MIL-PRF-19500.

46.504-91

Insert the clause at 52.246-9081, Certificate of Conformance (DLA Energy), in solicitations and awards for DLA Energy acquisitions of bulk lubes, overseas PC&S, and aerospace energy. Use when the conditions at FAR 46.504 apply.

46.504-92 Level I Material Certification (DLA Maritime-Norfolk).

Insert the clause in full text at 52.246-9094, Level I Material Certification, in all DLA Maritime-Norfolk solicitations and awards for level I items.

SUBPART 46.6 – MATERIAL INSPECTION AND RECEIVING REPORTS

46.601 General.

46.601-90

Use 52.246-9018, Shipping Documents Supplied to Assembly Contractors, in acquisitions for MRE and other tray pack semi-perishable items.

46.601-91

Use 52.246-9019, Material and Inspection Report, with DFARS 252.246-7000 when a Material Inspection and Receiving Report (DD Form 250) is required.

46.601-92

Use 52.246-9020, Distribution of Material Inspection and Receiving Report, in all solicitations and contracts for Foreign Military Sales.

46.601-93

Insert the clause at 52.246-9070, Commercial Bills Of Lading (Bulk)(DLA Energy), in DLA Energy solicitations and awards for bulk fuels.

SUBPART 46.7 – WARRANTIES

46.706-90

Use 52.246-9056, Warranty Period for Overseas Shipments, in acquisitions for overseas shipment.

46.708-90

Use 52.246-9057, Warranty of Data, in acquisitions when a warranty for technical data, excluding computer software and data incidental to contract administration is required.

46.709-90

Use 52.246-9053, Commercial Warranty, in solicitation for items that may have a commercial warranty available from the manufacturer. If a contractor responds there is a commercial warranty available, obtain a copy from the contractor to include as an attachment to award.

46.709-91

Use 52.246-9059, Warranty of Supplies (Commercial Items), in medical supply chain solicitations and contracts for standard commercial items instead of 52.246-9058, e.g., brand name, brand name or equal.

46.709-92

Use 52.246-9060, Warranty of Supplies (Commercial Items)(Fill-In), in medical supply chain solicitations and contracts for supplies when acquiring commercial items, e.g., brand name, brand name or equal.

Contract Clauses

(90) Use 52.246-9037, Orders for Repair of Medical Equipment, in purchase orders for repair of medical equipment.

52.246-9052, Warranty of Supplies, may be used in solicitations, contracts and purchase orders for biomedical equipment

46.710-91

Use 52.246-9054, Warranty – Acceptance of Supplies, in all solicitations and in awards for any one of the following: when purchasing surplus, when E46A17 (52.246-15, Certificate of Conformance) is in the award, or when acceptance is at destination.

46.710-92

Use 52.246-9055, Warranty of Supplies and Virtual Prime Vendor, in solicitations for Virtual Prime Vendor contracts which contain an Order to Ship Time (OST) or Contractor Processing Time (CPT) performance metric.

46.710-93

Use 52.246-9058, Warranty of Supplies, in solicitation and contracts when acquiring Medical items which contain chemicals, drugs, pharmaceuticals, biologicals, antibiotics, cosmetics and any other items which are used in or on the body or for which the integrity of each original lot and the separate identification of each such lot must be maintained from moment of manufacture until final complete usage or disposal. Do not use for commercial items.

46.710-94

Use 52.246-9061, Warranty of Industrial Plant Equipment (IPE) - FSG 34, in solicitations and contracts for FSG 34 IPE - Industrial Plant Equipment new procurements, repair or rebuild/remanufacture/retrofit.

46.710-95

Use 52.246-9063, Warranty of Supplies, Extended (66 Months), in solicitations and contracts for NSNs 6110-01-246-7177 and 6110-01-246-7178 only.

46.790 Record of warranty actions.

When warranty actions have been initiated under contracts containing warranty clauses in accordance with FAR Subpart 46.7 (DFARS Subpart 246.7), it is essential all DSCs maintain a record of these warranty actions. This record is necessary to help determine the usefulness of the warranty clause versus the cost of administering the warranty actions. The record will be maintained in a central location on a fiscal-year basis. No more than two prior fiscal years' records will be retained. The record shall contain as a minimum the following information:

(a) Date and reason warranty was exercised;

(b) Contract number;

(c) Contractor;

(d) Dollar value of material covered by warranty;

(e) Disposition of material or other consideration obtained; and

(f) Date warranty action completed.

SUBPART 46.8 – CONTRACT LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY OF THE GOVERNMENT

46.805 Contract Clauses.

46.805(a)(90)

Use 52.246-9041, Government Loss or Damage, in solicitations when contractor installation of equipment is required.

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