DLA DISPOSITION SERVICES  CONTRACT NUMBER 99-4001-0004

Supplemental Agreement 10

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**WHEREAS,**Part II, Section V, Demil “B” and “Q” property, states in pertinent part that:

All property offered under this contract requires Mutilation, unless specifically excluded from Mutilation by the Government. The mutilation requirement includes metallic DEMIL Code “A” Property. DEMIL Code “A” property generally excluded from the Mutilation requirement includes: tires, lockers, ammunition cans, production stock/residue (bars, plate rod, wire, borings and turnings), wire and cable, pipe and tube construction material/residue (lumber, block, brick, window, I-beams), vehicles, wood products, furniture and white goods (appliances, e.g. refrigerators). 

**WHEREAS**, the Government will downgrade to scrap upon/after receipt, non-demil required Mobile Communications and Media Devices (MCMDs) and deliver under this contract.

**WHEREAS,**in the interest of achieving cost savings for both the Purchaser and the Agency, the parties hereto mutually agree to modify Part II, Section V. to exempt non-demil required MCMDs received and or downgraded to scrap from the mutilation requirements.

**NOW, THEREFORE,**it is mutually agreed between the parties hereto to this modification that:

1. MCMDs are defined as devices that have data storage capabilities, but are not classified as “computers in the acquisition process. They include, but are not limited to cell phones, personal digital assistants (PDAs) and smart phones (i.e. Blackberry-branded devices).

2. MCMDs received as scrap or downgraded to scrap with demil code A and Q(6) will be exempt from the mutilation requirement under this contract.

3. A  Standard Waste and Scrap Classification Code (SCL) code, D4RMMA will be established and used contract wide for the purpose of readily identifying MCMD accumulations under each DLA Disposition Service Site’s inventory and the weekly SV Pickup Notice.

4. The Purchaser will store all MCMDs in a secure location (locked storage container) at each site pending shipment. 

5. The Purchaser agrees to pay for all transportation costs as Seller Direct Costs.

6. The Purchaser is required to wipe/remove all devices of any and all data or destroy and remove any government documents, stickers and labels prior to resale.

7. The Purchaser will provide to the Sales Contracting Officer a monthly report on the 15th  of the proceeding months that includes:

a. A listing/log reflecting the MCMDs received and processed to include number, Manufacturer, Model and Serial number.

b. The final disposition of each item either as being sold or destroyed.

8. The Purchaser will report any MCMDs discovered with “SECRET” or classified stickers and immediately report to DLA Disposition Services for disposition instructions. Item will be kept in secured storage until recovered by DLA Disposition Services.

9. The Purchaser agrees to make all records available to DLA Disposition Services for Audit purposes to include those of a subcontractor performing these duties described herein.

10. The Purchaser will allow Government representatives the right to conduct on site inspections of the Purchaser’s and /or its agent’s facility.

11. The Purchaser acknowledges and agrees that non-demil required MCMDs received as scrap and identified as demil code Q(6)  which further identifies the item as Commerce Control List Items (CCLI) will maintain the identity of  Commerce Control List Items (CCLI) and requires the Purchaser to submit to the SCO a properly completed End Use Certificate (EUC) from the re-sale Buyer to obtain a Trade Security Control Clearance.

12. All other applicable terms and conditions of the contract remain in effect, including but not limited to Parts I-VI, and Articles One (1) through Twenty-Three (23); and

DLA DISPOSITION SERVICES  CONTRACT NUMBER 99-4001-0004

Supplemental Agreement 4

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13. This modification will become effective upon the date of the last affixed signature to this modification.

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