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Article 21 of the Regulations for cataloging defense material, approved by Royal Decree 166/2010, of February 19, establishes:
“….in all contracts for the acquisition of materials and spare parts, which are concluded between the Central Body of the Ministry of Defense, the Armed Forces and the Civil Guard, with national or foreign contracting companies or organizations, the cataloging of uncatalogued items It will be previously contractually required, for which, in the contract, a cataloging clause will be included among its clauses….”
The following points will be stipulated in this clause:
a) The obligation of the contractor to provide a list with the identity of the true manufacturer and the part number and name or designation with which said manufacturer identifies each item that is the subject of the contract and, where appropriate, of the spare parts agreed upon as necessary to ensure the maintenance service
b) The obligation of the contractor to provide the technical documentation that defines the physical and functional characteristics of the items that are not cataloged, as well as the identification proposals for them in accordance with the NATO Cataloging System.
c) The sole responsibility of the contractor with respect to obtaining from its subcontractors or suppliers the technical data necessary for the identification of the items to be cataloged, as well as the timely submission of this data and the cataloging proposals.
d) The obligation of the contractor to provide update data related to all identification or manufacturing modifications incorporated into the materials or spare parts related to the list indicated in section a) above, which may occur during the execution and warranty of the contract. contract, as well as any other complementary or management data that may be of interest.
e) The contractor’s obligation to justify compliance with the cataloging stipulated in this clause, by means of a cataloging certificate, which will be necessary for its settlement; It is understood that the delivery of the goods subject to the contract is not completed until the stipulated cataloging obligations are fully fulfilled.