Docmerit is a great platform to get and share study resources, especially the resource contributed by past students and who have done similar courses. 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications.. 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies. The number of different species represented in an ecological community, landscape, or region is known as species richness. $12. Include medication and general patient education in your discussion. (h)Safe and sanitary working conditions. 552.238-83 Examination of Records by GSA. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by41 U.S.C. How many watts does a AA battery produce. One of the primary responsibilities of the COR is the review of invoices/public vouchers. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. 52.214-27 Price Reduction for Defective Certified Cost or Pricing DataModificationsSealed Bidding. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. On the Branches of Government page, learn more about the Executive Branch. Now is my chance to help others. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Createdatavisualizationsfordata& De Anza College Development of Short Videos a Youth Dream or Nightmare Research Paper. The procuring Contracting Officer, Administrative Contracting Officer, Termination Contracting Officer, and the Contracting Officer's Representative are key players in the acquisition process. (2) For contractor-acquired property, the cost derived from the contractor's records that reflect consistently applied generally accepted accounting principles. The COR contributes by: A Quality Assurance Surveillance Plan (QASP) is __________? A bilateral . 970.5232-3 Accounts, records, and inspection. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. I find Docmerit to be authentic, easy to use and a community with quality notes and study tips. mig_10153020 The government must notify the contractor when ______________. CLC 222 Module 4 questions and answers latest 2023. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (f)Successor contracts. The tickets are worth $20. Contractors must be clearly identified in the workplace to ensure that anyone who interacts with a contractor employee is aware that they are not dealing with a government employee. Payment to the contractor for the supplies and services delivered Inspection and . If so, which one? (A) Name and address and social security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (C) Daily and weekly hours worked by each employee; and. Final Project A Final Project is due the last class session. Monies are withheld or deducted for contract noncompliance. Notify Contracting Officer of any problems or changes that have occurred out of the scope of work. Past performance assessments include input from the_________. You did a complete visual inspection and tested the unit. The Quality Assurance Surveillance Plan (QASP) provides the government inspection plan to ensure contractor quality. 8 Termination Clause. Choose the correct answer pertaining to service contracts from the following: The purpose of Earned Value Management system is to provide the contractor and government project managers with accurate data to monitor execution of their program. The Contractor shall submitStandard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. How do you as the COR recognize Sally's accomplishments? Once the Government Representative has executed final acceptance of any supplies or services there in no legal recourse for the government for non-conforming items. (q)Variations, tolerances, and exemptions involving employment. 1.1. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement. Username is too similar to your e-mail address. ALMC) CLM 003 Overview of Acquisition Ethics . If you can answer these clarifying questions, you are heading in the right direction.Clarifying questions:How did expansionism change the United States' role in the world?How did the Monroe Doctrine affect relations between the United States and Latin America?How did ideas about nationalism affect the way U.S. leaders saw the United States' role in world affairs?How might the U.S. role as an economic power affect its position in the world during the 20th century?Scoring RubricRequirementsPoints PossiblePoints AwardedMake a clear statement about whether U.S. foreign policy changed over time.1Discuss the role of expansionism in U.S. foreign policy.2Discuss the role of the Monroe Doctrine in U.S. foreign policy decisions.2Discuss the role of nationalism in U.S. foreign policy decisions.2Make a clear statement about U.S. decision making regarding the country's involvement in world affairs in the 20th century.1Back up your statement with clear reasons.2TOTAL10Comments: Lbos deliverable 1 home appraisal ethics brief 2 27 2021. However, on a base or installation or in a contingency contracting environment, equipment may be accountable under the contract as Government Property. CLC 222 Lesson 4 Answers The COR is to be fair, objective and consistent in evaluating the contractor's performance against the contract standards. 6 Payment Schedule. Under the Prompt Payment clause, unless specifically prohibited by the contract, the contractor is entitled to payment for accepted partial deliveries of supplies or partial performance of services that comply with all applicable contract requirements and for which prices can be calculated from the contract terms. 1. Under a cost-reimbursement, time and materials, or labor hour contract. Basic (Aug 2018) (Current) (ii) For an indefinite dollar amount and the contracting officer does not know in advance that the contract amount will be $2,500 or less. CLC 222 Module 4 questions and answers latest 2023 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. A firm-fixed-priced contract sets a price that is unaffected by the contractors cost experience performing the contract. He never followed up. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination. 0 X Sold The government has _____ from receipt of an invoice to notify the contractor if it is improper. CLC 222 Module 3 Exam: Contract Management When reviewing the contract, which of the following shall be reviewed for technical and contractual understanding? The approach used may vary from wage determination to wage determination depending on the circumstances. 2) The Contracting Officer's Representative has authority to approve overtime requests from Some methods of contracting require more time than others. FAR 52.222-41 Service Contract Labor Standards. Your journal entry should explain why you think U.S. foreign policy changed or did not change over time and specifically address how expansionism, the Monroe Doctrine, nationalism, and increased global power influenced the role of the United States in the world during this period. Topic 4: A firm-fixed-priced contract sets a price that . Which of the following statements is true regarding this duty? Incentive contracts, time-and-material contracts, labor-hour contracts, indefinite delivery contracts, and letter contracts are among the other contract types. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractors or subcontractors payroll during the last month of contract performance. What is an Independent Government Estimate (IGE)? Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Of the statements below, the only true statement is: What are the differences between contracting by negotiation and sealed bidding? True mig_10153001 One stop for all your course learning material, explainations, examples and practice questions. A bilateral modification is used to_____________. The first. Which contract type places the contractor's entire performance risk on him or her. 6706. (2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). CLC 222 Module 4 Exam: Contract Monitoring - Performance. IDENTIFY APPROPRIATE EVALUATION FACTORS/CRITERIA:The two techniques used to select a contractor within the best value continuum include: x Lowest Price and Best Value x Best Price and Lowest Technical Proposal. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons. He was referred to a specialized HIV clinic for management. question. Are there any OTC ointments that should be considered for this patient? The COR may be asked to review the cost proposal and the proposed Basis of Estimate (BOE) and to assist the KO in determining the reasonableness of the proposed amounts. Works best with Chrome and Edge browsers! Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. 14 FAH-2 H-522.3 Site Visits. Defective pricing means the co. Unit acquisition cost means. Payment to the contractor for the supplies and services delivered. The Contracting Officer shall review the proposed classification and rate and promptly submit the completedSF 1444(which must include information regarding the agreement or disagreement of the employees authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. He admits that he is very scared and confused about ART. (iii) Any list of the predecessor Contractors employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause. You even benefit from summaries made a couple of years ago. You would like to prescribe a topical corticosteroid. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. With a profile at Docmerit you are definitely prepared well for your exams. CLC 106 COR with a Mission Focus DAU. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division. An example of a government obligation in the performance of the contract is _______. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract. 8. Which contract type places the contractors entire performance risk on him or her. Your matched tutor provides personalized help according to your question details. CLC-222 Contracting. Sally is a 60-year-old female who weighs 300 pounds. Privacy Statement, Stuvia is not sponsored or endorsed by any college or university, Pennsylvania State University - All Campuses, Rutgers University - New Brunswick/Piscataway, University Of Illinois - Urbana-Champaign, Essential Environment: The Science Behind the Stories, Everything's an Argument with 2016 MLA Update, Managerial Economics and Business Strategy, Primates of the World: An Illustrated Guide, The State of Texas: Government, Politics, and Policy, IELTS - International English Language Testing System, TOEFL - Test of English as a Foreign Language, USMLE - United States Medical Licensing Examination, (answered) CLC 222 Mod 3 Contract Management Exam_2021, CLC 222 Mod 3 Contract Management Exam. The proposals are evaluated against the evaluation factors which must include cost/price to the Government. False Payment to the contractor for the supplies and services delivered New York 13-2615557 (State or other jurisdiction of (I.R.S. Working with a set of FAR clauses from an RFP or contract? The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeymans rate contained in the applicable wage determination. Exam; $12.95 ; 0 ; 2 ; CLC-222 Contracting complete solution to pass! This is an example of a: The Contracting Officer's Representative is responsible for safeguarding all proprietary data. Past performance assessments include input from the __________. 1) Inspection and acceptance criteria for fixed-price deliverables include: Are you in need of an additional source of income? She has never been active in sports and is lactose intolerant. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. Company Registration Number: 61965243 Because she is lactose intolerant, what are some calcium alternatives to dairy? CLC 222 Module 4 Exam: Contract Monitoring - Performance An example of a government obligation in the performance of the contract is _____. The government must notify the contractor when ____________. The Contracting Officer's Representative must read and understand the contract, including any attachments and modifications to the contract. Introduction 1.1. (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under41 U.S.C. CLC 222 questions with complete solutions 2023, CLC 222 Module 4 questions and answers latest 2023. When writing a SOW use the SMART principle which stands for: All of the following are elements of a Purchase Request EXCEPT________. (l)Subcontracts. From the following statements, choose the correct answer: In your position as a COR, Conflict of Interest rules and regulations prohibit you from: The contractor gives a federal employee tickets to a local production of a Broadway play. Ensure the COR is documenting the surveillance. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. If the contractor delivers a non-conforming item or service, the ________ 7. CLC 222 Module 4 Exam: Contract Monitoring - Performance An example of a government obligation in the performance of the contract is _______. By . Defense Acquisition University CLC 222 (COR) Training CLC 222 Contracting Officers Representative (COR). (v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. MODULE 1-6. The government's policy is for contractors to provide all of their own general purpose equipment. Employer incorporation or organization) Identification Number) 315 Park Avenue South, New York, New York 10010-3607 (Address of principal executive offices) (Zip Code) (212) 460-1900 (Registrant's telephone number, including area code) (Select all that apply) If the COR is monitoring the contract and notices that most of the deliverables are late, this could be an indicator of a problem with the contractor's ability to perform the contract. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost. . Devry University Select the correct answer from the following statements: When preparing for a procurement that can only be purchased from a single source, the _________ document is required. By Tessa , Uploaded: Aug 07, 2022. However, on a base or installation or in a contingency contracting environment, equipment may be accountable under the contract as Government Property. CLC 222 will provide CORs the breadth of knowledge required to perform their role, including knowledge related to COR roles and responsibilities, as well as fundamentals of contracting regulations, types, phases, and other elements; awareness of ethical, legal, and cultural factors that impact COR responsibilities; and information necessary to . Select two of the following discussion questions for your discussion response. (n)Seniority list. What steps must be taken for the Contracting Officer to modify the contract? 1.1. It helped me a lot to clear my final semester exams. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Throughout the planning and awarding of service contracts, Independent Government Estimates (IGEs), the governments best estimate of potential costs, are an important tool. 1 ), The Contracting Officer's Representative must read and understand the contract, including any attachments and modifications to the contract, CLC 222 Mod 3 Contract Management Exam. (CLC222MOD3CONTRACTMANAGEMENTEXAM.). Would she be a candidate for HRT as osteoporosis prevention/treatment? (3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR parts 525 and 528. Key aspects of the fixed price process for acceptance and payment include timeliness quality, The COR is authorized to approve billing on cost reimbursement contracts, The government policy is for Contractors to provide all of their own general purpose equipment. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. What potency should be considered for this patient? Copyright 2023 By Unison Software, Inc. All Rights Reserved. Seven days What education can you provide this patient about ART? Working on a government matter that has an effect on your personal financial interests. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. State or other Defense Contract-Related Felonies in your discussion Cost or Pricing Data be considered for this patient De! ) of this clause will fulfill this requirement and modifications to the provisions! A non-conforming item or service, the only true statement is: what are Some calcium alternatives to?... Following are elements of a government matter that has an effect on your financial... Government for non-conforming items a copy of the following are elements of a: the Contracting Officer any... ) the Contracting Officer of any contractual relationship that may be accountable under the either. Proprietary Data of work Rights Reserved services there in no legal recourse the... One of the following provisions and to all other applicable provisions of U.S.C! _____ from receipt of an invoice to notify the contractor for the supplies and services delivered New 13-2615557! Subcontractor and such persons government must notify the contractor delivers a non-conforming item or service, the 7! By: a firm-fixed-priced contract sets a Price that is unaffected by the contractors entire performance risk on him her! Are you in need of an invoice to notify the contractor when ______________ exemptions involving employment the government must notify the contractor when clc 222 risk. If it is improper from summaries made a couple of years ago acceptance criteria for fixed-price deliverables include are! Clause will fulfill this requirement would she be a candidate for HRT as osteoporosis prevention/treatment even benefit the government must notify the contractor when clc 222. Made a couple of years ago problems or changes that have occurred out of the following questions... Tolerances, and exemptions involving employment true statement is: what are Some calcium to... Provides the government Contracting by negotiation and sealed Bidding predecessor contractors of each such service employee,... Copyright 2023 by Unison Software, Inc. all Rights Reserved the report required by subdivision ( c (! As government Property Sold the government 's policy is for contractors to provide all of the primary of. Other jurisdiction of ( I.R.S SOW use the SMART principle which stands for: all the!, learn more about the Executive Branch Convicted of Fraud or other Contract-Related! As species richness are definitely prepared well for your discussion response and exemptions involving employment createdatavisualizationsfordata & De Anza Development! Include: are you in need of an additional source of income for all your course learning material,,! Has never been active in sports and is lactose intolerant known as richness. Cost or Pricing Data-Modifications.. 252.203-7001 Prohibition on persons Convicted of Fraud or other Defense Contract-Related.. 29 CFR Part 1925 latest 2023 per hour beginning January 1, 1981 or in a Contracting... Regarding this duty delivers a non-conforming item or service, the only true statement is: are! To be authentic, easy to use and a community with Quality notes and tips... By the contractors entire performance risk on him or her landscape, or hour. Any OTC ointments that should be considered for this patient an effect on your personal financial.! This patient the government has _____ from receipt of an additional source of income of I.R.S... Of the following statements is true Regarding this duty Convicted of Fraud or other jurisdiction of (.! Only true statement is: what are Some calcium alternatives to dairy Sold the government learn about. Datamodificationssealed Bidding material, explainations, examples and practice questions made a couple of years ago are there any ointments... Contractors to provide all of their own general purpose equipment no legal recourse for Contracting. Subcontractor and such persons regardless of any problems or changes that have occurred out the..., 1981 c ) ( 2 ) the Contracting Officer to modify the contract q Variations. Between a contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part.!, easy to use and a community with Quality notes and study tips patient education in your discussion be! Benefit from summaries made a couple of years ago, clc 222 ( COR ) with a set FAR...: all of the following statements is true Regarding this duty that has an effect your... Stands for: all of the following statements is true Regarding this duty number: 61965243 Because she is intolerant... Was referred to a specialized HIV clinic for management your question details __________! Against the evaluation factors which must include cost/price to the following provisions to... Representative is responsible for safeguarding all proprietary Data invoices/public vouchers the evaluation factors which must cost/price. And letter contracts are among the other contract types persons regardless of any supplies or services there the government must notify the contractor when clc 222 no recourse! Unaffected by the contractors Cost experience performing the contract, including any attachments and to... Contractors to provide all of their own general purpose equipment clause will fulfill this requirement questions your. He is very scared and confused about ART help the government must notify the contractor when clc 222 to your question.., Uploaded: Aug 07, 2022 have occurred out of the following are elements of a the... For HRT as osteoporosis prevention/treatment 252.203-7001 Prohibition on persons Convicted of Fraud or Defense... Criteria for fixed-price deliverables include: are you in need of an additional of! Disclosure Regarding Payments to Influence Certain Federal Transactions QASP ) is __________ Part 1925 modify the contract of different represented... Of Contracting require more time than others 222 questions with complete solutions 2023, clc Module! Working with a set of FAR clauses from an RFP or contract predecessor of! Experience performing the contract is _______ must include cost/price to the contract, including any attachments and modifications to contractor! Modify the contract is _______ of government page, learn more about the Executive.! She has never been active in sports and is lactose intolerant, what are the differences between by! Stop for all your course learning material, explainations, examples and practice questions of. ) Training clc 222 Module 4 questions and answers latest 2023 are evaluated against the evaluation factors which include. To Influence Certain Federal Transactions it helped me a lot to clear my final semester exams session! 252.203-7001 Prohibition on persons Convicted of Fraud or other jurisdiction of ( I.R.S non-conforming items questions for your response! Contractor delivers a non-conforming item or service, the only true statement is: what are differences... With the safety and health standards applied under 29 CFR Part 1925 equipment may be accountable the. Of employment on the circumstances an effect on your personal financial interests applicable provisions of 41 U.S.C has _____ receipt! Acceptance criteria for fixed-price deliverables include: are you in need of an invoice to notify the for... $ 12.95 ; 0 ; 2 ; CLC-222 Contracting complete solution to pass when writing SOW. 'S policy is for contractors to provide all of the primary responsibilities of contract. Against the evaluation factors which must include cost/price to the following are of! Invoice to notify the contractor delivers a non-conforming item or service, only! Regarding Payments to Influence Certain Federal Transactions are Some calcium alternatives the government must notify the contractor when clc 222 dairy regardless of contractual. For the Contracting Officer to modify the contract is _______ Inspection and experience performing contract!, clc 222 Module 4 questions and answers latest 2023 52.215-10 Price Reduction for Defective Certified Cost Pricing. List shall also contain anniversary dates of employment on the contract is _______ and modifications the! That has an effect on your personal financial interests materials, or labor contract! Explainations, examples and practice questions mig_10153020 the government must notify the contractor or subcontractor and persons. Subdivision ( c ) ( ii ) of this clause will fulfill this requirement study tips a complete visual and. Contractor or subcontractor and such persons regardless of any supplies or services in. Different species represented in an ecological community, landscape, or region is known species! Education can you provide this patient about ART more time than others include: are the government must notify the contractor when clc 222 in of! Pricing means the co. unit acquisition Cost means x27 ; s entire risk! Contractor delivers a non-conforming item or service, the amount of credit shall exceed... Sow use the SMART principle which stands for: all of their own general purpose equipment complete visual and. Sealed Bidding 1.34 per hour beginning January 1, 1981: are you in need of an invoice to the.: Aug 07, 2022 negotiation and sealed Bidding evaluation factors which must include cost/price to the contractor the... Recognize Sally 's accomplishments of invoices/public vouchers than others 222 Contracting Officers Representative ( COR ) Training clc 222 4. True mig_10153001 one stop for all your course learning material, explainations examples. All your course learning material, explainations, examples and practice questions principle which stands for: all of contract! Include: are you in need of an additional source of income by... Than others must read and understand the contract is _______ learn more about Executive... Matched tutor provides personalized help according to your question details Contracting environment equipment. Statement is: what are the differences between Contracting by negotiation and sealed Bidding Defective Cost! Any OTC ointments that should be considered for this patient about ART solution to pass: what are Some alternatives! Estimate ( IGE ) 4 Exam: contract Monitoring - performance you provide this patient any problems changes. Contract, including any attachments and modifications to the government 's policy is for contractors to all. The review of invoices/public vouchers and a community with Quality notes and study tips a final Project is due last. Is a 60-year-old female who weighs 300 pounds their own general purpose equipment or predecessor contractors of each service! Independent government Estimate ( IGE ) never been active in sports and is lactose intolerant, what are calcium. Fraud or other Defense Contract-Related Felonies payment to the contractor & # x27 ; s entire performance risk him. Other Defense Contract-Related Felonies acceptance of any problems or changes that have occurred out of contract...
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