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see schedule solicitation/contract/order for commercial items

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W913FT-11-T-0051Page 41 of 46be waived by the <strong>contract</strong>ing officer upon request by the <strong>contract</strong>or demonstrating that such insurance isnot available, not cost-effective, or otherwise not advantageous to the Government from liability in excessor in addition to any such insurance as may be obtained.7.3 Medical. Medical treatment of Contractor personnel is not covered under this <strong>contract</strong>. However, ifContractor personnel become injured or ill during per<strong>for</strong>mance under the <strong>contract</strong> while at a remotelocation they may be provided assistance by the US or Colombian Government insomuch as to keepthem from losing life or limb.7.4 Allowable Expenses: The Government is not obligated to reimburse the Contractor <strong>for</strong> costsincurred in excess of the total amount awarded on this delivery <strong>order</strong> by the Government; and theContractor is not obligated to continue per<strong>for</strong>mance under this delivery <strong>order</strong> or otherwise incur costs inexcess of the total amount awarded under this delivery <strong>order</strong>.7.4.1 Reimbursable Other Direct Costs: These costs include supplies that may be required during theper<strong>for</strong>mance of this <strong>contract</strong> <strong>for</strong> <strong>items</strong> to be given to the Colombian Military or in support of an eventdirectly supporting the Naval Mission’s security cooperation plan. It does not include the supplies requiredby the Contractor to complete the daily tasks under this <strong>contract</strong>. All <strong>items</strong> under this CLIN shall beapproved by the COR be<strong>for</strong>e being purchased. General and administrative overhead or any indirect costshall not be paid unless specifically proposed, evaluated and included in the award document. No profitshall be billed on these <strong>items</strong>.Part 8: Contractor Responsibilities.8.1 Release of In<strong>for</strong>mation. All in<strong>for</strong>mation provided to the Contractor by the Government shall beprotected from public disclosure in accordance with the markings contained thereon and the limitationson release contained in FAR Part 3. Additionally, all in<strong>for</strong>mation related to the <strong>items</strong> to be delivered or theservices to be per<strong>for</strong>med under this <strong>contract</strong> shall not be disclosed by any means without prior approvalof the U.S. Southern Command Foreign Disclosure Officer and/or the USMILGP Colombia ForeignDisclosure Officer as applicable.8.1.1 Unauthorized Disclosure: The Contractor shall protect from unauthorized disclosure, any materials,or in<strong>for</strong>mation made available by the Government, or that the Contractor has access to by virtue of theprovisions of this <strong>contract</strong>, that are not intended <strong>for</strong> public disclosure. The materials and in<strong>for</strong>mationmade available to the Contractor by the Government, or that the Contractor comes into contact with incompleting this <strong>contract</strong>, are the exclusive property of the Government. Any in<strong>for</strong>mation or materialsdeveloped by the Contractor in the per<strong>for</strong>mance of this <strong>contract</strong> are also the exclusive property of theGovernment. Upon completion or termination of this <strong>contract</strong>, the Contractor shall turn over to theGovernment, all materials that were developed by the Contractor in the per<strong>for</strong>mance of this <strong>contract</strong>. TheContractor shall sub-hand receipt <strong>for</strong> and maintain in an acceptable condition all Government-furnished<strong>items</strong>. This section also relates to all in<strong>for</strong>mation received from <strong>for</strong>eign sources.8.1.2 Foreign Disclosure: The Contractor shall not disclose U.S. material to <strong>for</strong>eign individuals or entitieswithout adhering to proper <strong>for</strong>eign disclosure procedures.8.1.3 Proprietary In<strong>for</strong>mation: In the event the <strong>contract</strong>or is required to gain access to proprietaryin<strong>for</strong>mation of other companies, the <strong>contract</strong>or shall be required to execute agreements with thosecompanies, to protect the in<strong>for</strong>mation from unauthorized use and refrain from using it <strong>for</strong> any purposesother than <strong>for</strong> which it was furnished, as prescribed by FAR 9.505-4.8.2 Inherently Governmental Functions: The Contractor shall not per<strong>for</strong>m any inherently governmentalactions under this <strong>contract</strong>. No <strong>contract</strong>ed individual shall hold him or her out to be a Governmentemployee, agent, or representative. No <strong>contract</strong>ed individual shall indicate, orally or in writing, at anytime that he or she is acting on behalf of the Government.

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