Rev. 0, October 1, 2012C. A proposal to provide unused <strong>for</strong>mer Government surplus property shall include a completedescription of the material, the quantity, the name of the Government agency from whichacquired, and the date of acquisition.D. A proposal to provide used, reconditioned, or remanufactured supplies shall include a detaileddescription of such supplies and shall be submitted to the Contracting Officer <strong>for</strong> approval.E. Used, reconditioned, or remanufactured supplies, or unused <strong>for</strong>mer Government surplusproperty, may be used in contract per<strong>for</strong>mance if the Contractor has proposed the use of suchsupplies, and the Contracting Officer has authorized their use.A.13 NEW MEXICO GROSS RECEIPTS TAX AND COMPENSATING TAXBy reason of <strong>NWP</strong>’ Nontaxable Transaction Certificate, the Seller shall not include in the price anystate and local taxes except those which were paid by the Seller to third parties in acquiring theitems which are the subject matter of this Agreement. The price does include all applicable FederalTaxes.A. The Seller shall pay the New Mexico compensating user tax <strong>for</strong> any tangible personal propertywhich is purchased pursuant to a Nontaxable Transaction Certificate if such property is notused <strong>for</strong> Federal purposes.B. Out-of-state purchase of tangible personal property by the Seller which would be otherwisesubject to compensation tax shall be governed by the principles of this clause. Accordingly,compensating tax shall be due from the subcontractor only if such property is not used <strong>for</strong>Federal purposes.C. <strong>NWP</strong> may receive in<strong>for</strong>mation regarding the subcontractor from the Revenue Division of theNew Mexico Taxation and Revenue Department and, at the discretion of <strong>NWP</strong>, mayparticipate in any matters or proceedings pertaining to this clause or the above-mentionedAgreement. This shall not preclude the subcontractor from having its own representative nordoes it obligate <strong>NWP</strong> to represent its subcontractor.D. The Seller agrees to insert the substance of the clause, including this paragraph (h), in eachsubcontract which meets the criteria in 29.401-6(b)(1) through (3) of the Federal AcquisitionRegulation, 48 CFR Part 29.A.14 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT - DEAR970.5227-5This article does not apply, except <strong>for</strong> supplies offered the general public, if FAR 52.227-1, withAlternate 1 has been made applicable under Section B.A.15 OBLIGATION OF FUNDSUnless otherwise specifically provided <strong>for</strong> in the purchase order (PO) subcontract, <strong>NWP</strong> is notobligated to pay any amount in excess of the stated PO or subcontract price or, where partial fundsare released incrementally, the obligated amount as released.A.16 PASSAGE OF TITLE AND LIENSThe Seller agrees to furnish the work free and clear of all liens, claims, and encumbrances. In theevent that a lien of any nature shall at any time be filed against the work, at the Seller's or a lowertiersubcontractor's facility by any person, firm, or corporation which has supplied equipment,materials, services, or data, the Seller agrees promptly, on demand of <strong>NWP</strong> and at the Seller'sexpense, to take any and all action necessary to cause any such lien to be released or discharged7
Rev. 0, October 1, 2012therefrom. The Seller agrees to save <strong>NWP</strong> harmless from all liens, claims, or demands inconnection with the work.A.17 PATENT INDEMNITY - FAR 52.227-3This article does not apply, except <strong>for</strong> supplies offered the general public, if FAR 52.227-1, withAlternate 1 has been made applicable under Section B.A.18 PERMITS OR LICENSESThe subcontract/purchase order shall obtain all necessary permits or licenses and abide by allapplicable laws, regulations, and ordinances of the United States and of the state, territory, andpolitical subdivision in which the work under this contract is per<strong>for</strong>med.A.19 PRICE-ANDERSON AMENDMENTS ACTA. The Department of Energy has promulgated Procedural Rules For DOE Nuclear Activities (10CFR 820), Nuclear Safety Management (Quality Assurance Rules) (10 CFR 830), and DOEContractor Employee Protection Rules (10 CFR 708), and Occupational Radiation ProtectionRules (10 CFR 835) in implementation of the <strong>Price</strong>-Anderson Amendments Act (PAAA) of1988, Public Law 100-408, August 20, 1988, as amended. These rules govern the conduct ofpersons involved in DOE nuclear activities, and, in particular, are designed to achievecompliance with DOE nuclear safety requirements. Violation of the applicable rules willprovide a basis <strong>for</strong> the assessment of civil and criminal penalties under the PAAA.B. This Order is subject to the requirements of the above rules if the per<strong>for</strong>mance of workinvolves products, activities or operations in areas covered by the <strong>Price</strong> Anderson NuclearHazards Indemnity Clauses of this Order.C. Indemnification of <strong>NWP</strong>To the extent permitted by law, the Subcontractor assumes full responsibility and shallindemnify, save harmless, and defend <strong>NWP</strong> and its principal subcontractors, their agents,officers, employees, and directors from any civil or criminal liability under Sections 234(a) or223 (c) of the Act or the implementing regulations at 10 CFR Sections 820, et seq., arising outof the activities of the Subcontractor, its lower-tier subcontractors, suppliers, agents,employees, officers, or directors. The Subcontractor’s obligation to indemnify and holdharmless shall expressly include attorneys fees and other reasonable costs of defending anyaction or proceeding instituted under Sections 234(a) or 223 (c) of the Act or the implementingregulations at 10 CFR Sections 820, et seq.A copy of the implementing regulations at 10 CFR Sections 820, et seq., will be made available tothe Subcontractor upon request.A.20 PUBLIC RELEASE OF INFORMATIONIn<strong>for</strong>mation, data, photographs, sketches, advertising, announcements, denial, or confirmation ofsame, or items of a similar nature, relating to this Order, which Subcontractor desires to release orpublish, shall be submitted to <strong>NWP</strong> <strong>for</strong> approval eight weeks prior to the desired release date. Aspart of the approval request, Subcontractor shall identify the specific media to be used as well asother pertinent details of the proposed release. All releases by Subcontractors must have the priorapproval of <strong>NWP</strong>.The Seller agrees that in the release of in<strong>for</strong>mation relating to the Order, such release shall includea statement to the effect that the project or ef<strong>for</strong>t depicted was or is sponsored by The Departmentof Energy. For the purpose of this clause, "In<strong>for</strong>mation" includes, but is not limited to, news8
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