52.201-9001 Ordering Officers Under the Contract
52.204-9000 Contractor Personnel Security
52.204-9001 Electronic Order Transmission
52.204-9002 Solicitation Provisions & Contract Clauses Statement
52.204-9003 Vendor Security Requirements
52.204-9004 Administrative Deselect
52.205-9000 Federal Business Opportunities (FedBizOpps.gov)
52.208 Required Sources of Supplies and Services Provisions and Clauses
52.208-9000 Price adjustment on Federal Prison Industries, Inc. (FPI)
contracts/orders.
52.208-9001 Acquisition of Federal Prison Industries Items
52.208-9002 Defense Logistics Agency Mandatory Source Requirements
52.208-9003 Precious Metals Not Furnished
52.209 Contractor Qualifications Provisions and Clauses
52.209-9000 QPL Connector Assemblies and QPL Electrical Contacts52.209-9001 Source Approval – Aircraft Launch and Recovery Equipment
52.209-9003 Pre-Award Sample(s)
52.209-9004 Sources for Clothing/Textile Components - NIB and NISH
52.209-9005 Identification of Sources for All Components for Clothing/Textile Items
52.209-9014 Vehicle Registration and Operations
52.209-9012 Qualified List for Manufacturers/ Qualified Suppliers List for Distributors
52.209-9013 Component QPL/QML Items52.211 Describing Agency Needs Provisions and Clauses
52.211-9000 Government Surplus material.
52.211-9001 Market acceptance.
52.211-9002 Priority rating.
52.211-9003 Conditions for evaluation of offers of Government surplus material.
52.211-9004 Priority rating for various long-term contracts.
52.211-9005 Conditions for evaluation and acceptance of offers for critical safety items.
52.211-9006 Changes in contractor status, item acquired, and/or manufacturing process/facility -- critical safety items.
52.211-9007 Withholding of Materiel Review Board (MRB) authority -- critical safety items.
52.211-9008 Bar Coding Requirements for Direct Vendor Delivery (DVD) Shipments – DD Form
52.211-9009 Non-acceptability of Government surplus material.
52.211-9010 Military shipping label (MSL) requirements – MIL-STD-129P.
52.211-9011 BSM delivery terms & evaluation
52.211-9012 Obsolete Components/Materials
52.211-9013 Shipper’s Declaration of Dangerous Goods
52.211-9014 Contractor Retention of Traceability Documentation
52.211-9015 Preference for Recycled Toner and Cartridges
52.211-9018 Availability of Mylar Drawings.
52.211-9020 Time of Delivery – Accelerated Delivery
52.211-9021 Variation in Quantity
52.211-9022 Superseded Part-Numbered Items
52.211-9023 Substitution of Item After Award
52.211-9024 Shelf-Life Items Manufacturing Restrictions DLAD (Feb 2008)
52.211-9025 Compliance with National Sanitation Foundation (NSF Requirements
52.211-9026 Delays in Shipment of Products Requiring USDA laboratory Analysis
52.211-9030 AnnotationofShipping Documents for Lubricating Oil, Engine,Grade OE/HDO 40
52.211-9031 Marking Requirements for High and Low Pressure Cylinders
52.211-9032 Shipping and Routing
52.211-9033 Packaging and Marking Requirements
52.211-9034 Packaging/Marking Requirements for DMS Buys
52.211-9035 Marking Requirements
52.211-9036 Physical Identification/Bare Item Marking
52.211-9037 Time of Delivery – DVD
52.211-9038 Time of Delivery / Performance – Base Installation
52.211-9039 Compliance with Coast Guard Requirements
52.211-9040 Amount of Liquidated Damages52.211-9041 Lengths, Tickets, Packaging, Marking of Cuts or Pieces
52.211-9042 Additional Documentation Requirements for Source Approval Request – Critical Application Item and Critical Safety Item
52.211-9043 Medical Material Requiring Refrigeration
52.211-9044 New Drug Applications
52.211-9045 Pre-Market Notification
52.211-9046 FDA Compliance
52.211-9047 Manufacturer’s Make or Model Number
52.211-9048 Data Name Plates
52.211-9049 Time of Delivery – Incremental Delivery
52.211-9050 Quantity Variance for Aerial Photographic Film
52.211-9051 Time of Delivery
52.211-9052 Notification to Government of and Contemplated Production Phase-out
52.211-9053 Expedited Handling Shipments
52.212-9000 Changes – Military Readiness
52.212-9001 Application of fast payment to Part 12 acquisitions.
52.213-9000 Quantity break.
52.213-9001 Evaluation factor for source inspection.
52.213-9002 Indefinite Delivery Purchase Order (IDPO) Agreement.
52.213-9003 Indefinite Delivery Purchase Order (IDPO) Contract.
52.213-9004 Offeror representations, certifications, and fill-in information
- electronic commerce
52.213-9005 Reserved & Aavailable
52.213-9006 Reserved & Available
52.213-9007 DLA Internet Bid Board System (DIBBS) Quoting Information for BSM Automated
Solicitations
52.213-9008 Procurement Automated Contract Evaluation (PACE) Information
52.213-9009 Fast Payment Procedure.
52.214-9001 Schedule -firm fixed price & fixed price with economic price
adjustment.
52.214-9002 Trade discounts.
52.214-9003 Right to apply f.o.b. origin offer.
52.214-9004 Subcontracting to other industrial preparedness planned
producers.
52.215-9001 Evaluation factor for preaward survey.
52.215-9002 Socioeconomic Proposal.
52.215-9003 Socioeconomic Support Evaluation.
52.215-9004 Javits-Wagner-O'Day Act entity proposal.
52.215-9005 Javits-Wagner-O'Day Act entity support evaluation.
52.215-9006 Javits-Wagner-O'Day Act entity support - contractor reporting.
52.215-9007 Preproposal Conference
52.215-9008 Facsimile Bids and Proposals
52.215-9009 All or None for Automated Procurements.
52.215-9010 All or None (IFB/RFP only)
52.215-9011 Requirements for Quantity Increments or Ranges
52.215-9013 Production Facility Changes
52.215-9014 Aggregate Awards for Regional Petroleum Requirements
52.215-9015 Production Capacity
52.215-9016 Notice to Contractors and Defense Finance Accounting Services (DFAS)
52.215-9017 List of Documents, Exhibits, and Other Attachments
52.215-9018 Authorized Limitation
52.215-9020 Instructions for Submitting Product Demonstration Models (PDM) for Supply Chains at DSCP
52.216-9000 Implementation of FAR 52.216-2 Economic price Adjustment—Standard Supplies.
52.216-9001 Implementation of FAR 52.216-3 Economic price Adjustment—Semistandard Supplies.
52.216-9002 Implementation of FAR 52.216-4 Economic price Adjustment—Labor & Material.
52.216-9003 Economic Price Adjustment-Specialty Metals – Market Price -
Prospective Adjustments
52.216-9006 Addition/Deletion of Items.
52.216-9007 Contract and Delivery Order Limitations
52.216-9008 Offeror’s Quantity Limintations
52.216-9009 Estimated Total Quantity
52.216-9010 Contract Quantity Limitations
52.216-9011 Economic price adjustment – DoD electronic mall (EMALL)
52.216-9012 Economic price adjustment – For UGR – A components Actual Material Costs
52.216-9013 Evaluation of Offers for Indefinite Delivery Type Solicitations
52.216-9014 Area Requirements – Tentative Destinations
52.216-9015 Area Requirements – Contiguous U.S.
52.216-9016 Intent to Award Against Existing BOA
52.216-9017 Single or Multiple Awards
52.216-9018 Alternate Offer Conditional Award
52.216-9019 Area Requirements – East and West of Mississippi
52.216-9020 Prime Vendor Requirements
52.216-9022 Placement of Task/Delivery Orders Against Multiple Indefinite Delivery Contracts
52.216-9023 Additional Ordering Limitation
52.216-9024 Adjustment to Ordering Period
52.216-9025 Invoices for Delivery Orders
52.216-9026 Pricing of Delivery Orders with Quantity Increments
52.217-9000 Data pricing, evaluation, and award.
52.217-9001 Option to extend the term of the contract - separate firm
fixed price & fixed price with economic price adjustment
portions.
52.217-9002 Conditions for evaluation and acceptance of offers for part
numbered items.
52.217-9003 Manufacturing or production information.
52.217-9004 Reopener Clause - Cost of Specified Direct Materials/Other
Direct Cost Item.
52.217-9005 Reopener Clause - Pending Indirect Rates Proposal.
52.217-9006 Surge and Sustainment (S&S) Investments.
52.217-9007 Surge and Sustainment (S&S) Instructions to Offerors (Mar 2008)
52.217-9008 Surge and Sustainment (S&S) Evaluation ( Mar 2008 )
52.217-9009 Surge and Sustainment (S&S) Pricing ( Mar 2008 )
52.217-9010 Limitations on Use of Surge and Sustainment (S&S) Government
Investment ( Mar 2008 )
52.217-9011 Provisioning
52.217-9017 Tailored Logistics Support Purchasing Reviews
52.217-9022 Provisioning Documentation is Waived
52.217-9023 Restriction of Alternate Offers for Source Controlled Items
52.217-9024 Special Provisions for Bulk Milk Dispensing Equipment (Subsistence Supply Chain)
52.219-9001 Set-Asides of Acquisitions of Items Listed in the Schedule of Products Made in Federal Penal and Correctional Institutions.
52.219-9002 DLA Mentoring Business Agreements (MBA) Program.
52.219-9003 DLA Mentoring Business Agreements (MBA) Performance.
52.219-9004 Small Business Program Representations.
52.219-9005 RESERVED.
52.219-9006 RESERVED.
52.219-9007 RESERVED.
52.219-9008 Combined HUBZone/Small Business Set-Aside Instructions – Type 1.
52.219-9009 Combined HUBZone/Small Business Set-Aside Instructions – Type 2.
52.219-9010 RESERVED.
52.219-9011 RESERVED.
52.219-9012 RESERVED.
52.219-9013 Combined Set-Aside Instructions – Type 1.
52.219-9014 Combined Set-Aside Instructions – Type 2.
52.219-9015 Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions – Type 1.
52.219-9016 Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions – Type 2.
52.219-9017 Small Business Set-Aside Portion - Equal
52.222-9000 Davis-Bacon Act - price adjustment.
52.223-9000 Material safety data sheets and hazard warning labels.
52.223-9001 Estimate of Re-Refined Oil Content DLAD (Aug 2007)
52.225-9000 Reserved.
52.225-9001 Reserved.
52.225-9002 FMS shipping instructions.
52.227-9000 Commercial Manuals For Naval Shipboard Use Items
52.227-9001 Evaluation of Offers for Manuals
52.227-9002 Data – English Language
52.227-9003 In Plant Equipment (IPE) Contract Data Requirements
52.227-9004 Demilitarization – Small Arm Weapons and Parts and Accessories (Category I – Munitions List Items)
52.227-9005 Restrictions on Use of Boeing Rights Guard Technical Data
52.227-9006 Use of Colt Industries Restricted Technical Data
52.227-9007 Restrictions on Use of OTO Melara-Limited Rights Technical Data
52.227-9008 Restriction on Use of FN Herstal Technical Data
52.228-9000 Insurance
52.229-9000 Kentucky sales and use tax exemption.
52.229-9001 US Department of Treasury Tax-Free Ethyl and Denatured Alcohol Permits
52.229-9002 Tax Exemption Forms
52.230-9000 Submission of Data on Facilities Capital Cost of Money
52.232-9000 Progress Payment Data.
52.232-9001 Invoice Confirmation – Commercial Manuals
52.232-9002 Tare Included or Excluded
52.232-9003 Billing Weight and Payments for Carbon Steel or Steel Plate/Sheets
52.232-9004 Purchase Card Purchases – Vendor Rebate Program (VRP)
52.232-9005 Invoicing Instructions (Time-and-Materials or Labor-Hour Contract)
52.233-9000 Agency protests.
52.233-9001 Disputes: Agreement to use Alternate Disputes Resolution (ADR)
52.237-9001 Contractor Personnel Changes and Key Personnel Requirements
52.237-9002 Key Personnel – Fixed Price Service Contracts
52.237-9003 Site Visit Coordinator
52.239-9000 Y2K Compliance Notice - DLAD
52.242-9000 Production Progress Reports
52.242-9001 Notification of Shipment
52.242-9002 Manufacturing Directive Number (MDN) for Use in Identifying Government-furnished Property (GFP) Transactions
Property (GFP) Transactions
52.242-9005 Report of Shipment (Reship) of Perishable Medical Items
52.242-9006 Delay of Installation for Medical and Laboratory Instrumentation
52.245-9001 Evaluation of Use of Government Furnished Property
52.245-9002 Use of Government Furnished Property
52.245-9003 Transportation Costs of GFP
52.245-9005 Government-Owned Tooling
52.245-9006 Use of Government-Owned Tooling
52.245-9007 Use of Government-Owned Special Tooling or Test Equipment
52.245-9008 Use of Government Facilities on a No Charge Basis
52.245-9009 Government-furnished Property (GFP)
52.245-9010 Government-furnished Property (GFP): Hubs, Dies, Molds, Shaping Blocks, Guide Samples, and Inspection Gauges
52.245-9011 Government-furnished Material (GFM) (Bailment System) and Property Administration
52.245-9012 Government-furnished Property Cloth Only
52.245-9013 Provisions Relating to Materials to Be Furnished by the Government (Non-Bailment)- Footwear
52.245-9014 Government-furnished Property (GFP) Provisions – Dyeing & Finishing Contracts
52.245-9015 Dyeing and Finishing of Textiles
52.245-9016 Availability of Clothing Patterns
52.245-9017 Ownership of Overruns Containing Government-furnished Property
52.245-9018 Government-furnished Material – NIB and NISH
52.245-9019 Government-owned Property (Bulk Storage Contract)
52.245-9020 Cartoons and Guide Samples for Embroidered Insignia
52.245-9021 Government Samples
52.245-9022 Sized Items
52.245-9023 Firm and Flexible Sizes
52.245-9024 Special Measurements
52.245-9025 Contractor Control of Government-furnished Property (GFP)
52.245-9026 Special Instructions for Compressed Gas Requirements (includes FSCs 6830 and 8120)
52.245-9027 Government-furnished Property (GFP) Mechanical Gauges (Loaned) (Includes FSCs 5995 And 6150)
52.245-9028 Allowable Losses for Meal, Ready-to-Eat (MRE) and Tray Pack Government-furnished Property (GFP)
52.246-9000 Certificate of quality compliance.
52.246-9001 Manufacturing process controls and in-process inspections.
52.246-9002 Product Certification and Test Report(s) (Metals)
52.246-9003 Measuring and test equipment.
52.246-9004 Product verification testing.
52.246-9005 Note to Contractor for Inspection (ALRE)
52.246-9007 Inspection and Acceptance at Destination
52.246-9008 Inspection and Acceptance at Origin
52.246-9009 Lubricating Oil, Internal Combustion Engine MS9250 (A Qualified Product)
52.246-9010 Determination of Quantity Specific to Lubricating Oils
52.246-9011 Liquefied Petroleum Gases Quality Assurance
52.246-9012 Preparation for Delivery and Inspection of Fresh Fruits and Vegetables
52.246-9013 Contractor and Government Samples at Origin
52.246-9014 Certificate of Conformance
52.246-9018 Shipping Documents Supplied to Assembly Contractors
52.246-9019 Material and Inspection Report
52.246-9020 Distribution of Material Inspection and Receiving Report
52.246-9021 Source Inspection Provisions
52.246-9022 Inspection System Requirement-Foreign Manufactured Items
52.246-9023 General Inspection Requirements
52.246-9024 Alternative Inspection Requirements for Selected Items
52.246-9025 Reinspection of Nonconforming Supplies
52.246-9026 Inspection Fees – Petroleum Products
52.246-9027 Inspection of Bulk Deliveries – Petroleum Products
52.246-9028 Inspection of Construction
52.246-9029 Inspection and Acceptance Points
52.246-9030 Shade Evaluation of Contractor Furnished Components
52.246-9031 Shade Evaluation
52.246-9032 Identification of Qualified Laboratory and Source Sampling
52.246-9033 Operational Check of Equipment Items
52.246-9034 Testing at Government Laboratory
52.246-9035 Acceptance of Medical and Laboratory Instrumentation
52.246-9036 Acceptance of Installation for Medical and Laboratory Instrumentation
52.246-9037 Orders for Repair of Medical Equipment
52.246-9038 Installation of Medical and Laboratory Instrumentation
52.246-9039 Removal of Government Identification from Non-Accepted Supplies
52.246-9042 Documentation of Traceability - QPL/QML Integrated Circuits, Hybrid Microcircuits, and Semiconductor Devices
52.247-9000 Guaranteed maximum shipping weights or dimensions.
52.247-9001 Port handling and ocean costs in bid evaluation.
52.247-9003 Reserved.
52.247-9004 Reserved.
52.247-9005 Reserved.
52.247-9006 FOB Destination Price Quoting Instructions -- Overseas DVD and Navy Ships.
52.247-9007 FOB Destination Price Quoting Instructions -- CONUS DVD
52.247-9008 FOB Destination Price Quoting Instructions -- FMS
52.247-9009 FOB Destination Price Quoting Instructions -- Canadian FMS
52.247-9010 FOB Destination Price Quoting Instructions – Shipment to Depot
52.247-9011 Distribution planning and Management System (DPMS) Pilot (APR 2006)52.247-9012 Requirements for treatment of wood packaging material (WPM).
52.247-9013 F.O.B. Origin and/or F.O.B. Port(s) of Loading (Destination) in Offer Evaluation
52.247-9014 Evaluation of Offers via Export Aerial Ports
52.247-9015 Loading Capabilities for Bulk Shipments
52.247-9016 F.O.B. Destination Contractor Transshipment
52.247-9017 Perishable Foodstuff Transportation
52.247-9018 Utilization of Containers (Seavans) for Export Shipments
52.247-9019 Shipments Direct to Port Terminals for Export
52.247-9020 Advance Notice of Late, Short or Non-Shipment of Supplies
52.247-9021 F.O.B. Origin Contracts for Supplies Originating Outside the United States
52.247-9022 Evaluation of Transportation Costs – Order Quantity
52.247-9023 Evaluation of Transportation Costs – Bulk Shipments
52.247-9024 F.O.B. Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees Within CONUS or Canada
52.247-9025 F.O.B. Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees Outside CONUS or Canada
52.247-9026 Evaluation of Offers Invited for both F.O.B. Origin and F.O.B. Destination
52.247-9027 Evaluation of Offers for Quantity Increments (F.O.B. ORIGIN)
52.247-9028 Premium Transportation
52.247-9029 Shipping Instructions
52.247-9030 Commercial Shipping Documents
52.247-9031 Manufacturer’s Loading Practices
52.247-9032 Delivery Conditions for Transport Trucks, Trucks and Trailers or Tank Wagons
52.247-9033 Transport Truck and/or Truck and Trailer Free Time and Detention Rates
52.247-9034 Point of Contact for Transportation Instrctions
52.249-9000 Administrative costs of reprocurement after default.
SUBPART 52.1 - INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
(b) Numbering.
(2) Provisions or clauses that supplement FAR and DFARS.
(ii) Only those provisions and clauses in this directive that are codified are preceded by an assigned CFR chapter number.
(B) See 1.301-91(c).
(f) Dates. Provisions and clauses in this directive that were formerly in the Defense Logistics Procurement Regulation (DLPR) bear the DLPR date when the provision or clause was transferred verbatim to this directive or when only editorial changes were made. Where only editorial changes were made to clauses or provisions in this edition, the date was not changed.
52.102 Incorporating provisions and clauses.
(b)(90) The following Web address shall be inserted in the spaces provided for this purpose in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, and the clause at FAR 52.252-2, Clauses Incorporated by Reference: http://www.dla.mil/j-3/j-336/icps.htm . (This page can also be reached by accessing the J-71 Web page at http://www.dla.mil/j-3/j-336/logisticspolicy/procurementlinks2.htm and selecting “Go to FAR/DFARS & Local Clauses.”
(91) The Web page referenced above will provide links to all provisions and clauses (FAR, DFARS, DLAD, and local) that are incorporated by reference in DLA solicitations and awards. J-71 shall maintain the Web page and the DLAD provisions and clauses. Buying activities shall maintain their local provisions and clauses.
(92) Buying activities shall also ensure that quality assurance provisions (QAPs), contract data requirements lists (CDRLs), and other similar contract requirements can be accessed electronically and are incorporated by reference. If the electronic address where these documents can be accessed is other than the Web page referenced above, that address shall also be identified in FAR 52.252-1 and 52.252-2.
(93) Archive databases of provisions, clauses, and other contract requirements that are incorporated by reference and have been superseded within the last three years (or longer period, if determined appropriate by the buying activity) shall also be maintained and made accessible electronically. The archive database shall identify a point of contact who can provide older documents that are not available in the archive database. J-71 and the buying activities shall maintain the DLAD and local archives, respectively.
(94) Buying activities may identify reasonable circumstances when incorporation in full text is appropriate, such as the following:
(i) For approximately the first six months after a significant new policy is issued (e.g., Central Contractor Registration);
(ii) When incorporation by reference is not practical, effective, or efficient (e.g., when a provision or clause is almost entirely composed of fill-ins);
(iii) When noncompliance with contract terms is significantly reduced by incorporation in full text; or
(iv) When incorporation in full text is more suitable to the nature of the business segment (e.g., for commodities subject to voluminous technical requirements that change frequently).
* * * * *
SUBPART 52.2 - TEXTS OF PROVISIONS AND CLAUSES
This subpart sets forth the texts of all DLAD provisions and clauses, and for each provision and clause, gives a cross-reference to the location in the DLAD that prescribes its use.
52.201-9001 Ordering Officers Under the Contract
As prescribed in 1.603-90(b) insert the following clause:
ORDERING OFFICERS UNDER THE CONTRACT (APR 2008) – DLAD
(a) Ordering Officers are authorized to place and sign delivery orders that are expressly within the terms and conditions of this contract. Ordering officers, however, are not authorized to sign purchase orders or contracts and cannot take any action to charge the account of the contractor unless they are also contracting officers. Ordering officers are authorized to modify delivery orders and perform all administrative functions pertaining to such orders including termination of the order for late deliveries and other product nonconformances. In the case of a termination, the applicable agency, commissary, or activity may reprocure the supplies locally. The ordering officer shall also notify the DLA Contracting Officer of all terminations and repurchase actions which were processed under the indefinite delivery contract. Delivery orders outside the expressed terms and conditions of the contract shall be signed by the DLA Contracting Officer. Further limitations on the authority of the ordering officer may be stated elsewhere in the contract or in the letter of appointment.
(b) [ ] If checked, the following individuals are appointed Ordering Officers under this contract:
NAME |
TITLE |
(End of clause)
52.204-9000 CONTRACTOR PERSONNEL SECURITY ( APR 2008 )
As Prescribed in 4.1303, insert the following clause:
(a) Work that is performed under this contract/task order, in full or in part, must be performed at the Defense Logistics Agency (DLA) HQ or DLA office(s), and therefore requires physical access to a federally-controlled facility. DLA and its field activity offices require all contractor personnel working on the federally-controlled facility to have a favorably adjudicated investigation prior to commencing work on a contract. Additionally, all DoD consultants and contractor personnel who access federally-controlled information systems must be assigned to positions which are designated at one of three sensitivity levels: IT-I (privileged), IT-II (limited privileged) and IT-III (non-privileged) (Ref DODI 8500.2, Para E2.1.36.). For IT-I, a Single Scope Background Investigation (SSBI) is required; for IT-II a National Agency Check with Law and Credit Checks (NACLC) is required; and for IT-III designated positions, a National Agency Check with written Inquiry (NACI) is required.
(b) At the option of the Government, previously completed security investigations may be accepted in lieu of new investigations if determined to be essentially equivalent in scope to the required investigation. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. In order to assist the Government in making this determination, the contractor must provide the following information to the contracting officer immediately upon receipt of the contract or when an employee is proposed for work requiring access to a federally-controlled facility or information system. This information must be provided for each contractor employee who will perform work on a federally-controlled facility and/or will require access to federally-controlled information systems:
(1) Full name, with middle initial
(2) Social Security Number
(3) Citizenship status
(4) Date of Birth
(5) Place of Birth
(6) Proof of the individual’s favorably adjudicated background investigation, consisting of identification of the type of investigation performed, date of the favorable adjudication, and name of the agency that performed the investigation.
(7) Company name and address
(8) Company phone and fax numbers
(9) Company email address
(10) Location of on-site workstation or phone number if off-site (if known prior to award)
(11) Delivery order or contract number and expiration date
(12) Name of contracting officer
(c) The Government will notify the contractor as soon as a determination is made regarding acceptance of the previous investigation. If a new investigation is deemed necessary, the contractor will be notified by the contracting officer or contracting officer’s representative (CO/COR). It is the contractor’s responsibility to ensure that adequate information is provided and that each contractor employee completes the appropriate paperwork in order to begin the investigation process. The contractor shall submit each request for investigation, through the CO/COR, to the DLA site Security Office. Submission shall include a Contractor Request Form, with supporting documentation, which states what information technology level and access is required for the position. Request shall include:
(1) SF 85P, Questionnaire for Public Trust Positions;
(2) FD Form 258, Fingerprint Card (the DLA site Security Office will perform all fingerprinting);
(3) Proof of Citizenship (birth certificate or passport are acceptable, and must be the original or a certified copy); and
(4) Appropriate documentation from the Immigration and Naturalization Service if the applicant is a foreign national.
Required documentation, set forth above, must be provided to the DLA site Security Office.
(d) If an investigation is required for unescorted entry purposes, the National Agency Check (NAC) results will be forwarded to the HQ DLA Enterprise Support (DES) Public Safety Office, Personnel Security Division (DES-SC) for review and determination regarding the applicant’s eligibility to occupy the specified position in performance of the DLA contract. If an SSBI, NACLC or NAC is required for logical/IT access, the results of the investigation are returned to the Defense Industrial Security Clearance Office (DISCO) for review and determination regarding the applicant’s eligibility to access DLA information systems. Determinations made by DISCO will be reflected in the Joint Personnel Adjudications System (JPAS).
(e) A waiver to allow assignment of an individual to commence work prior to completion of the NAC investigation may be granted in emergency situations when it is determined that a delay would be harmful to national security. A request for waiver will be considered only after the Government is in receipt of the individual’s completed forms. The DLA site Security Office and the contracting officer reserve the right to determine whether a waiver request will be forwarded for processing. The individual requesting the waiver may not be assigned to a position, may not physically work at the federally-controlled facility and/or be granted access to federally-controlled information systems, until the waiver has been granted.
(f) The requirements of this clause apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract, as well as any temporary employees that may be hired by the contractor. When the Government, in its sole discretion, determines that the contractor’s continued presence on a federally-controlled facility or access to federally-controlled information systems presents an unacceptable security risk, the Government retains the right to require removal of contractor personnel, regardless of prior clearance or adjudication status. The reason for removal shall be fully documented in writing by the contracting officer. When and if such removal occurs, the contractor shall assign qualified personnel, with the required NAC, to any vacancy thus created.
(g) All contractor personnel who are granted access to Government Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures as provided by the DLA site Information Systems Security Officer. Violations of local AIS security policy, such as password sharing, performing personal work, file access violations, or browsing files outside the scope of the contract, may result in removal of the employee from Government property and referral to the contractor for appropriate disciplinary action. Actions taken by the contractor in response to a violation will be evaluated and will be reflected in the contractor’s performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will consider whether it needs to pursue any other actions under the contract such as a possible termination.
(h) The contractor is required to obtain a Common Access Card (CAC) in accordance with procedures established at the DLA HQ or field activity office.
(i) Any new or replacement contractor employee must meet the NAC requirements of this clause, and may not begin work on the contract without written documentation signed by the contracting officer, stating that the new employee has met one of the criteria set forth in paragraphs (b), (c), or (e) of this clause, i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing commencement of work pending completion of an investigation. Individuals removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract.
(j) The contractor shall notify the contracting officer in writing, within 12 hours, when an employee working on this contract resigns, is reassigned, is terminated, or no longer requires admittance to the federally-controlled facility or access to federally-controlled information systems. The contractor is responsible for the turning in of identification badges, CAC Card and vehicle decal. The contractor must also complete the Information Operations Out-processing Checklist, which can be obtained by contacting the Information Assurance Operations Office (J6FA). The checklist must be completed, initialed and dated before submitting at the final checkout point.
(k) These security requirements do not excuse the contractor from meeting the delivery schedule set forth in the contract, or waive the delivery schedule in any way. Contractor shall meet the required delivery schedule unless the contracting officer grants a waiver or extension.
( END OF CLAUSE)
52.204-9001 Electronic Order Transmission
As prescribed in 4.502-90 insert the following provision:
52.204-9001 ELECTRONIC ORDER TRANSMISSION (Jun 2008) – DLAD
Supplies procured through the DLA may be ordered via electronic ordering. Offerors must check one of the following alternatives for paperless order transmission:
( ) Electronic Data Interchange (EDI) transmissions in accordance with ANSI X12 Standards through a registered Value Added Network (VAN).
( ) Electronic Mail (email) award notifications containing Web links to electronic copies of the DD Form 1155, Order for Supplies or Services (orders are stored in Portable Document Format (PDF) and accessing them requires a free Adobe Acrobat Reader plug-in).
Offerors choosing email notification for order transmission shall register their email address on the DLA DIBBS Home Page at https://www.dibbs.bsm.dla.mil/ as part of the VENDOR REGISTRATION.
Offerors choosing EDI for order transmission will receive transaction sets at time of award. The Contractor shall acknowledge receipt of each order by transmitting a functional acknowledgement or order receipt message within 24 hours, except for weekends and holidays where acknowledgement shall be the next working day. Failure to establish system(s) connectivity for successfully receiving and processing EDI orders within 30 days after date of award may be grounds for termination of the contract by the Government.
Issuance of an EDI transmission or email notification constitutes a binding order. Successful offerors are authorized and expected to commence performance upon receipt.
NOTE: Questions concerning electronic ordering should be directed to the appropriate supply center contact below:
4
Defense Supply Center Columbus
DSCCEDI@dla.mil
Defense Supply Center Philadelphia
ATTN: DSCP-J6P, (Richard Fitzgerald)
Information Operations
700 Robbins Avenue
Philadelphia, Pa 19111-5092
Phone: 215-737-2130
- or -
Defense Supply Center Richmond
PROCUREMENT PROCESS SUPPORT DIRECTORATE
Systems and Procedures Division
ATTN: DSCR-BPSC, Chris Larsen
8000 Jefferson Davis Highway
Richmond, VA 23297-5516
(End of Clause)
52.204-9002 Solicitation Provisions & Contract Clauses Statement
As prescribed in 4.502-90 insert the following clause:
SOLICITATION PROVISIONS AND CONTRACT CLAUSES STATEMENT (Jun 2008) – DLAD
Full text of all DLAD clauses listed within this individual solicitation are contained in the Part 52 – Solicitation Provisions and Contract Clauses, current version found at http://www.dla.mil/j-3/j-336/icps.htm and scroll down to clause central. Also, the full text of FAR/DFARS clauses incorporated by reference may be accessed.
(End of Clause)
52.204-9003 Vendor Security Requirements
As prescribed in 4.1301-90 insert the following clause:
VENDOR SECURITY REQUIREMENTS (JUN 2008) – DLAD
(a) Work to be performed under this contract/task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) HQ or other field activity office(s), i.e., physical access to a Federally-controlled facility. DLA and its field activity offices require all contractor personnel working on the Federally-controlled facility to have a favorably adjudicated National Agency Check (NAC) prior to beginning work on a contract. Additionally, in accordance with Department of Defense (DoD) 5200.2-R, DoD Personnel Security Programs, and Defense Logistics Agency Regulation (DLAR) 5200.11, DLA Personnel Security Program, all DoD consultants and contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three sensitivity levels, IT-I, IT-II, or IT-III. These designations equate to Critical Sensitive, Non-Critical Sensitive, and Non-sensitive, all of which require performance of a NAC. (Note: Non-Critical Sensitive -IT 2 now requires a National Agency Check with Law and Credit (NACLC) and Critical Sensitive - IT1 require Single Scope Background Investigation (SSBI))
(b) At the option of the Government, previously completed security investigations may be accepted in lieu of new investigations if determined to be essentially equivalent in scope to the required NAC. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. In order to assist the Government in making this determination, the contractor must provide the following information to the contracting officer immediately upon receipt of the contract. This information must be provided for each contractor employee who will perform work on a Federally-controlled facility and/or will require access to Federally-controlled information systems:
(1) Full name, with middle initial
(2) Social Security Number
(3) Citizenship status
(4) Date of Birth
(5) Place of Birth
(6) Proof of the individual’s favorably adjudicated background investigation or NAC, consisting of identification of the type of investigation performed, date of the favorable adjudication, and name of the agency that performed the investigation.
(7) Company name and address
(8) Company phone and fax numbers
(9) Company email address
(10) Location of on-site workstation or phone number if off-site (if known prior to award)
(11) Delivery order or contract number and expiration date
(12) Name of contracting officer
(c) The Government will notify the contractor as soon as a determination is made regarding acceptance of the previous investigation. If a new investigation is deemed necessary, the contractor will be notified of such by the contracting officer or contracting officer’s representative (CO/COR). It is the contractor’s responsibility to ensure that adequate information is provided and that each contractor employee completes the appropriate paperwork in order to begin the investigation process. The contractor shall submit each request for investigation, through the CO/COR, to the DLA site Security Office. Requests shall include:
(1) Electronic Personnel Security Questionnaire (EPSQ) (SF 85P, Questionnaire for Public Trust Positions). This form, as well as instructions for completion, is available at www.dss.mil.)
(2) Fingerprint Card, (DD Form 258); the DLA site Security Office will perform all fingerprinting.
(3) Proof of Citizenship (birth certificate or passport are acceptable, and must be the original or a certified copy.)
(4) Appropriate documentation from the Immigration and Naturalization Service if the applicant is a foreign national.
Required documentation, set forth above, must be provided to the DLA site Security Office at the time of fingerprinting.
(d) Upon completion of the NAC, results will be forwarded to DLA HQ Command Security, Personnel Security Division (DSS-SC) for review and determination regarding the applicant’s suitability to occupy the specified position in performance of the DLA contract. Contractor personnel shall not commence work on this effort until the NAC has been favorably adjudicated. Results of investigations now go to DISCO, not DES-SC.
(e) A waiver to allow assignment of an individual to commence work prior to completion of the NAC investigation may be granted in emergency situations when it is determined that a delay would be harmful to national security. A request for waiver will be considered only after the Government is in receipt of the individual’s completed forms. The DLA site Security Office and the contracting officer reserve the right to determine whether a waiver request will be forwarded for processing. The individual requesting the waiver may not be assigned to a position, e.g., physically work at the Federally-controlled facility and/or be granted access to Federally-controlled information systems, until the waiver has been granted.
(f) The requirements of this clause apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract, as well as any temporary employees that may be hired by the contractor. The Government retains the right to request removal of contractor personnel, regardless of prior clearance or adjudication status whose actions, while assigned to this contract, are deemed to conflict with the interests of the Government. The reason for removal shall be fully documented in writing by the contracting officer. When and if such removal occurs, the contractor shall assign qualified personnel, with the required NAC, to any vacancy thus created.
(g) All contractor personnel who are granted access to Government Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures as provided by the DLA site Information Systems Security Officer. Violations of local AIS security policy, such as password sharing, performing personal work, file access violations, or browsing files outside the scope of the contract, will result in removal of the employee from Government property and referral to the contractor for appropriate disciplinary action. Actions taken by the contractor in response to a violation will be evaluated and will be reflected in the contractor’s performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will consider whether it needs to pursue any other actions under the contract such as a possible termination.
(h) The contractor is required to obtain a Common Access Card in accordance with procedures established at the DLA HQ or field activity office.
(i) When a contractor employee is removed from the contract, the contractor shall provide an appropriately trained substitute who has met the NAC requirements of this clause. The substitute may not begin work on the contract without written documentation, signed by the contracting officer, stating that the new employee has met one of the criteria set forth in paragraphs (b), (c), or (e) of this clause, i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing work to begin pending completion of an investigation. Individuals removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract.
(j) The contractor shall notify the contracting officer in writing, within 12 hours, when an employee working on this contract resigns, is reassigned, terminated or no longer requires admittance to the Federally-controlled facility or access to Federally-controlled information systems.
(k) These vendor security requirements do not excuse the contractor from meeting the delivery schedule set forth in the contract, or waive the delivery schedule in any way. Contractor shall meet the required delivery schedule unless the contracting officer grants a waiver or extension.
(End of Clause)
52.204-9004 Administrative Deselect
As prescribed in 4.103-90 insert the following clause:
ADMINISTRATIVE DESELECT (Jun 2008) – DLAD
The following clause(s) included in the solicitation if checked has been determined not applicable for this award.
( ) FAR 52.232-33 - Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003)
( ) DFARS 252.242-7004 - Material Management and Accounting System (Nov 2005)
(End of Clause)
52.205-9000 Federal Business Opportunities (FedBizOpps.gov)
As prescribed in 5.207-90 insert the following provision:
Federal Business Opportunities (FedBizOpps.gov) (JUL 2008) – DLAD
Based upon market research, the Government is not using the policies contained in Part 12, Acquisition of Commercial Items, in its solicitation for the described supplies or services. However, interested persons may identify to the contracting officer their interest and capability to satisfy the Government's requirement with a commercial item prior to the solicitation closing date.
(End of Provision)
52.208-9000 Price adjustment on Federal Prison Industries, Inc. (FPI) contracts/orders.
As prescribed in 8.604(c)(90)(i), insert the following clause:
PRICE ADJUSTMENT ON FEDERAL PRISON INDUSTRIES, INC. (FPI) CONTRACTS/ORDERS (DEC 1991) - DLAD
The unit price in this contract/order is subject to later adjustment if necessary to incorporate the results of agreement between the Commissioner of FPI and the Executive Director, Acquisition Management , HQ DLA, or their authorized representatives. The arbitration provision of Section 4124 of Title 18, United States Code, shall not be exercised except in the case of a disagreement on the part of the Commissioner, FPI and the Executive Director, Acquisition Management , HQ DLA.
(End of clause)
52.208-9001 Acquisition of Federal Prison Industries Items.
As prescribed in 8.602(a)(i)(90), insert the following provision:
ACQUISITION OF FEDERAL PRISON INDUSTRIES ITEMS (JUNE 2002) – DLAD
For items listed on the Federal Prison Industries (FPI) Schedule of Products Made in Federal Penal and Correctional Institutions, issuance of this solicitation will constitute market research. Price, quality, and delivery will be evaluated both as part of the contracting officer’s award decision and as the comparability determination required by Defense Federal Acquisition Regulation Supplement (DFARS) 208.602. The award evaluation and comparability determination will be conducted using the award criteria contained in this solicitation. FPI will receive an order to fulfill this requirement if its offer is comparable to those from private-sector sources. By signing an award resulting from this solicitation, the contracting officer signifies that a comparability determination has been made.
(End of Provision)
52.208-9002 Defense Logistics Agency Mandatory Source Requirements
As prescribed in 8.406-1(90) insert the following clause:
DEFENSE LOGISTICS AGENCY MANDATORY SOURCE REQUIREMENT (JUN 2008) – DLAD
The VPV is required to use DLA as the source of supply to fill customer requirements for all items identified on the contract as DLA mandatory source items. DLA mandatory source items are defined as those items, which have been placed on long term requirements contracts (REQUIREMENTS (FAR 52.216-21) (OCT 1995) or are from a statutorily authorized or required source such as UNICOR. Each VPV will establish direct order and payment procedures with the long-term requirements contract holder.
(End of Clause)
52.208-9003 Precious Metals Not Furnished
As prescribed in 8.7305(a)(90) insert the following clause:
PRECIOUS METALS NOT FURNISHED (JUL 2008) – DLAD
No precious metals or other property will be furnished by the Government for performance of this contract; therefore, FAR Clause 52.245-1 is not applicable to this contract.
(End of Clause)
52.209-9000 QPL Connector Assemblies and QPL Electrical Contacts
As prescribed in 9.203(a)(90) insert the following clause:
QPL CONNECTOR ASSEMBLIES AND QPL ELECTRICAL CONTACTS (JUL 2008) – DLAD
The offeror is NOT restricted to utilizing connector bodies and electrical contacts and/or backshells produced by the same manufacturer in the production of the connector assembly, but may utilize connector bodies from one manufacturer and electrical contacts and/or backshells from a second manufacturer, in the production of a technically acceptable assembly; PROVIDED, the connector shell manufacturer and the electrical contact manufacturer are both currently qualified to their respective Qualified Products Lists (QPLs). In the event that an offeror elects to utilize connector shells and electrical contacts manufactured by different qualified sources, the offeror agrees to provide;
(1) Name of shell manufacturer(s):
(2) Manufacturer(s)’ P/N:
(3) Name of Contact Manufacturer(s):
(4) Manufacturer(s)’ P/N:
(5) To the Contracting Officer, prior to delivery, suitable documentation and/or a representation signed by an authorized contractor representative responsible for quality assurance, demonstrating that the connector shells and electrical contacts in question were manufactured by/obtained from a current QPL source(s).
(End of Clause)
52.209-9001 Source Approval – Aircraft Launch and Recovery Equipment
As prescribed in 9.290(a) insert the following provision:
SOURCE APPROVAL – AIRCRAFT LAUNCH AND RECOVERY EQUIPMENT (Apr 2007) - DLAD
(a) To be eligible for award under this solicitation, an offeror must be an approved source or provide the product of an approved source as determined by the Engineering Support Activity, Naval Air Warfare Center Aircraft Division (NAWC) Lakehurst. The criteria and procedures for source approval is contained in Part I of the Naval Inventory Control Point Philadelphia (NAVICP) brochure entitled "Source Approval Information Brochure for Spares". The latest version of this brochure may be obtained by accessing NAVICP's website,
https://www.navsup.navy.mil, Our Team à NAVICP à Business Opportunities à Commodities à Source Approval Request (SAR) Brochure - Spares
(b) To assist in the determination of source approval, the offeror may be required to submit to a survey prior to award in which NAWC Lakehurst may participate.
(c) In addition, the offeror must provide the following information, which may be considered in determining whether the offeror is an approved source:
(1) A source approval letter from NAVICP's Engineering and Product Support Directorate;
(2) Successful completion of a prior U.S. Government Contract for the same item(s) being procured under this procurement, or;
(3) Other evidence indicating that the offeror meets the source approval criteria.
(End of Provision)
52.209-9003 Pre-Award Sample(s)
As prescribed in 9.308-2(90) insert the following provision:
PRE-AWARD SAMPLE(S) (APR 2008) – DLAD
(a) The submission of samples of supplies proposed to be furnished by the successful offeror may be required prior to making any award under this solicitation. The following item(s), in the quantity(ies) specified, is (are) subject to this pre-award sample provision:
ITEM NUMBER |
NUMBER OF UNITS REQUIRED |
(b) Any offeror who has not previously furnished to the Government the items called for under this solicitation, or substantially similar items, may be requested to submit samples to the Government prior to award at no cost to the Government. Samples must be submitted within the time specified by the Government and must be produced by the offeror or its designated subcontractor at the place of performance identified by the offeror in this solicitation. Together with the pre-award samples, the offeror shall submit its protocol consisting of an analysis of materials and test data which establishes that the offered item conforms to all design and performance characteristics specified in this solicitation. Additional pre-award samples and contractor-supplied protocol will not be accepted or requested if the original samples and protocol are not satisfactory.
(c) Samples will be shipped to Defense Supply Center Philadelphia, Directorate of Medical Materiel Laboratory, ATTN: Code MQA, 700 Robbins Avenue, Phila., Pa. 19111-5092, unless otherwise directed by the contracting officer. In the submission of samples:
(1) Samples and protocol, consisting of test data and analysis of materials, shall be submitted at no cost to the Government within 15 calendar days after receipt by the offeror of the Government's request for such samples. NOTE: Offerors are cautioned that the submission time is vital to the Government in making a timely award. Offerors must be prepared to submit samples and protocol timely, as late receipt may render the offer ineligible for award.
(2) The contracting officer shall advise the offeror of the results of the evaluation by written notice within _________calendar days after receipt of the sample.
(d) The samples referred to in the preceding paragraphs are not bid samples; rather, these samples are for the purpose of establishing the offeror's capability, if awarded a contract, to produce items conforming to the specifications. Failure to furnish the requested number of
6
samples within the time specified above, failure to furnish samples conforming to the specifications, or failure to furnish the protocol, consisting of test data and analysis of materials required by the preceding paragraph, may result in rejection of the offer. Offerors
are cautioned that upon receipt of any award hereunder, they are obliged to deliver supplies which comply with the specifications regardless of whether any sample submitted hereunder deviates in any way from the specification requirements.
(End of Provision)
52.209-9004 Sources for Clothing/Textile Components - NIB and NISH
As prescribed in 9.404-90 insert the following clause:
SOURCES FOR CLOTHING/TEXTILE COMPONENTS - NIB AND NISH (APR 2008) – DLAD
The contractor shall insure that no purchase of any cloth or textile components, for use in the performance of this order, shall be made from any firm appearing on the current List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
(End of Clause)
52.209-9005 Identification of Sources for All Components for Clothing/Textile Items
As prescribed in 9.404-91 insert the following provision:
IDENTIFICATION OF SOURCES FOR ALL COMPONENTS FOR CLOTHING/TEXTILE ITEMS (APR 2008) – DLAD
(a) The offeror shall indicate below the names and addresses of those suppliers from whom each component will be obtained for use in the performance of any resultant contract. In addition, for each component, the offeror shall also identify the name of the item's manufacturer and the address of the manufacturing location. Failure to furnish this information with the offer may result in rejection of the offer.
(b) No change in the supplier(s) or manufacturer(s) listed below shall be permitted between the opening/closing date of the offer and the award, except where time permits and then only upon receipt of the contracting officer's written approval.
(c) Any change in the supplier(s) or manufacturer(s) listed below, and in any resultant contract, is prohibited unless it is specifically approved in advance by the contracting officer.
Component |
Name & Address of |
Address of |
(End of Provision)
52.209-9012 Qualified List for Manufacturers/Qualified Suppliers List for Distributors
As prescribed in 9.203(a)(91) insert the following clause:
QUALIFIED SUPPLIERS LIST FOR MANUFACTURERS/QUALIFIED SUPPLIERS LIST FOR DISTRIBUTORS (JUL 2008) – DLAD
The following is applicable only when QSL/QSM is specified in the purchase order text (POT).
(a) Only manufacturers on the Qualified Suppliers List for Manufacturers (QSLM) and distributors on the Qualified Suppliers List for Distributors (QSLD) which appear on the DSCP Qualified Suppliers List (QSL) for the item(s) listed on the POT are eligible for award.
(b) The provisions governing qualification, and the applicable qualification criteria, may be obtained by either going to the QSLM/QSLD General Information web page at http://www.dscp.dla.mil/gi/prod_services/qsl.htm or by writing to:
COMMANDER
Defense Supply Center Philadelphia
DSCP-NASA, Building 3B
700 Robbins Avenue
Philadelphia, PA 19111
(c) The requirement of this clause for status as a QSLM/QSLD concern at the time of award is in addition to, and does not abrogate, any requirement for an Offeror to provide a Qualified Products List (QPL) item when such requirement is specified. In addition, a concern with QSLD status must furnish the product of a concern with QSLM status whether the item is governed by a QPL or not.
(d) The contracting officer may recommend termination of the contractor's QSLM/QSLD status at any time for failure by the contractor to maintain qualification. Further, Government officials who have responsibility for establishing and maintaining the QSL may terminate the qualified status of a QSLM and/or QSLD concern if they determine that the concern has failed to maintain the qualifications required for such status. Maintenance of QSL status is a contractual requirement. Therefore, the contracting officer may terminate the contract for default for failure to maintain such status.
(End of Clause)
52.209-9013 Component QPL/QML Items
As prescribed in 9.203(a)(92) insert the following clause:
COMPONENT QPL/QML ITEMS (JUL 2008) – DLAD
If indicated elsewhere within the body of this solicitation/award that the item(s) being procured contain “one or more components which must meet QPL/QML specifications”, the contractor represents by submission of its quote/offer that it will supply such component item(s) only from sources currently qualified on the applicable QPL(s)/QML(s).
(End of Clause)
52.209-9014 Vehicle Registration and Operations
As prescribed in 9.104-1(e)(90) insert the following provision:
Vehicle Registration and Operations (JUL 2008) – DLAD
(a) Privately owned vehicles to be operated on the military reservation
must be registered at the Command Security Office within forty-eight hours
after arrival at the installation. Evidence of compliance with the
following automotive liability coverage must be provided upon application
for vehicle registration.
MINIMUM REQUIREMENTS FOR THE STATE OF VIRGINIA
(b) Privately owned vehicles operating on this military installation are required to comply with all applicable registration and inspection laws. This includes, without limitation, safety inspections as required by the state in which the vehicle is registered.
(c) All vehicles operating on this military installation are subject
to the traffic code, copies of which are available in the Command Security
Office.
(End of Clause)
52.211-9000 Government surplus material.
As prescribed in 11.304-91(a), insert the following clause:
GOVERNMENT SURPLUS MATERIAL (APR 2002) – DLAD
(Previous versions of this clause are considered obsolete.)
(a) Definition.
“Surplus material,” as used in this clause, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the Defense Reutilization and Marketing Service (DRMS), by contractors authorized by DRMS, or through another Federal Government surplus program. The terms “surplus” and “Government surplus” are used interchangeably in this clause.
(b) The Offeror agrees to complete this clause and provide supporting documentation as necessary to demonstrate that the surplus material being offered was previously owned by the Government and meets solicitation requirements. The Offeror must provide this information and any supporting documentation on or before the date that quotes/offers are due; or within the timeframe specified by the Contracting Officer, if additional documentation is requested after submission of the offer. Failure to provide the requested information and supporting documentation within the timeframe requested may result in rejection of the offer. Unless the solicitation states otherwise, Offerors of surplus material are authorized to open packages, inspect material, and reseal packages. Each time this is done, the Offeror’s authorized representative or inspector must sign the packages where they were resealed and annotate the date of inspection.
(c) With respect to the surplus material being offered, the Offeror represents that:
(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes __ No __ The material conforms to the technical requirements cited in the solicitation (e.g., Contractor and Government Entity (CAGE) code and part number, specification, etc.). Yes __ No __ The material conforms to the revision letter/number, if any is cited. Yes __ No __ Unknown__ If no, the revision offered does not affect form, fit, function, or interface. Yes __ No __ Unknown__ The material was manufactured by:
____________________________ ______________________________________________________
(Name) (Address)
(2) The Offeror currently possesses the material. Yes __ No __ If no, the Offeror must attach or forward to the Contracting Officer an explanation as to how the offered quantities will be secured. If yes, the Offeror purchased the material from a Government selling agency or other source. Yes __ No __ If yes, provide the information below:
Government Selling Agency Contract Number Contract Date
(Month, Year)
__________________________ ______________________________________ ______________
Other Source Address Date Acquired (Month/Year)
__________________________ ______________________________________ ______________
(3) The material has been altered or modified. Yes __ No __ If yes, the Offeror must attach or forward to the Contracting Officer a complete description of the alterations or modifications.
(4) The material has been reconditioned. Yes __ No __ If yes, (i) the price offered includes the cost of reconditioning/refurbishment. Yes __ No __; and (ii) the Offeror must attach or forward to the Contracting Officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard. The material contains cure-dated components. Yes __ No __ If yes, the price includes replacement of cure-dated components. Yes __ No __
(5) The material has data plates attached. Yes __ No __ If yes, the Offeror must state below all information contained thereon, or forward a copy or facsimile of the data plate to the Contracting Officer.
(6) The offered material is in its original package. Yes __ No __ (If yes, the Offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the Contracting Officer a copy or facsimile of original package markings.)
Contract Number NSN Cage Code
_______________________________ _______________________________ ___________________
Part Number Other Markings/Data
_______________________________ ______________________________________________________
(7) The Offeror has supplied this same material (National Stock Number) to the Government before. Yes __ No __ If yes, (i) the material being offered is from the same original Government contract number as that provided previously. Yes __ No __; and (ii) state below the Government Agency and contract number under which the material was previously provided:
Agency Contract Number
_________________________________ _____________________________________________________
(8) The material is manufacturered in accordance with a specification or drawing. Yes __ No __ If yes, (i) the specification/drawing is in the possession of the Offeror. Yes __ No __; and (ii) the Offeror has stated the applicable information below, or forwarded a copy or facsimile to the Contracting Officer. Yes __ No __
Specification/Drawing Number Revision (if any) Date
__________________________________ ____________________________ _________________
(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes __ No __ If yes, (i) Material has been re-preserved. Yes __ No __; (ii) Material has been repackaged. Yes __ No __; (iii) Percentage of material that has been inspected is ______% and/or number of items inspected is _______; and (iv) a written report was prepared. Yes __ No __ If yes, the Offeror has attached it or forwarded it to the Contracting Officer. Yes__ No__
(d) The Offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.
(e) The Offeror has attached or forwarded to the Contracting Officer one of the following, to demonstrate that the material being offered was previously owned by the Government (Offeror check which one applies):
___ For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DRMS Form 1427, Notice of Award, Statement and Release Document.
___ For DRMS Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.
___ For DRMS Recycling Control Point (RCP) term sales, the statement of account or billing document.
___ For property sold under the exchange or sale regulation, conducted by sealed bid, auction or retail methods, a solicitation/Invitation for Bid and corresponding DRMS Form 1427.
___ When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, Commercial and Government Entity (CAGE) code and part number, and original contract number. (This information has already been provided in paragraph (c)(6) of this clause. Yes __ No __.)
___ When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government. Describe and/or attach._____________________________________________________________________________________________________________________________________________________________________________
(f) This clause only applies to offers of Government surplus material. Offers of commercial surplus, manufacturer’s overruns, residual inventory resulting from terminated Government contracts, and any other material that meets the technical requirements in the solicitation but was not previously owned by the Government will be evaluated in accordance with the provision at 52.217-9002.
(g) Offers of critical safety items must comply with the additional requirements in 52.211-9005.
(h) If requested by the Contracting Officer, the Offeror shall furnish sample units, in the number specified, to the Contracting Officer or to another location specified by the Contracting Officer, within 10 days after the Contracting Officer's request. The samples will be furnished at no cost to the Government. All such samples not destroyed in evaluation will be returned at the Offeror's expense. The samples will be evaluated for form, fit, and function with subassembly, assembly, or equipment with which the items are to be used. End items furnished under any contract award to the Offeror furnishing the samples can include the returned samples, and all acceptable end items will have a configuration identical to the samples. If specific tests of the samples' performance are made by the Government, the Offeror will be furnished the results of such tests prior to a contract being entered into. In addition to any other inspection examinations and tests required by the contract, the performance of the end items will be required to be as good as that of the samples submitted insofar as specific performance tests have been made by the Government and the results thereof furnished to the Offeror.
(i) In the event of award, the Contractor will be responsible for providing material that is in full compliance with all requirements in the contract or order, whether or not the Contractor has possession of applicable drawings or specifications, and despite the fact that the Government is unable to conduct in-process inspection. The Contractor’s responsibility to perform is not diminished by compliance with the requirement to demonstrate that the offered material was previously owned by the Government. The material to be furnished must meet the requirements of the current contract or order, whether or not the material met Government requirements in existence at the time the material was initially manufactured or sold to the Government. The Government has the right to cancel any resulting purchase order or terminate any resulting contract for default if unacceptable material is tendered.
(j) If higher level quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.
(End of clause)
52.211-9001 Market Acceptance.
As prescribed in 11.103(a), insert the following provision:
MARKET ACCEPTANCE (FEB 1996) - DLAD
The Offeror shall provide with its offer the following information to establish that the offer meets the market acceptance criteria in the requirements document: [the Contracting Officer shall insert the specific documentation requirements].
(End of provision)
Alternate I (FEB 1996) - DLAD. The contracting officer may substitute the following paragraph for the basic provision to obtain documentation after offers are received:
The Government reserves the right to request information to establish that the offer meets the market acceptance criteria in the requirements document.
As prescribed in 11.604(90), insert the following clause:
PRIORITY RATING (MAR 2000) - DLAD
This contract is assigned a priority rating under the Defense Priorities and Allocations System (DPAS) regulations (15 CFR 700) which requires contractors to utilize the assigned rating in obtaining the products, materials, and supplies needed to fill their contracts. In the event the contractor is unable to obtain the necessary products, materials, and supplies to complete the contract, the contractor shall immediately advise the Defense Contract mangement Agency DCMA or the appropriate DSC DPAS officer through the cognizant Administrative Contracting Officer or Procuring Contracting officer. The DPAS officer or the DCMA plant representative will provide necessary assistance or provide the necessary instructions to complete DoC ITA Form 999, Request for Special Priorities Assistance. This form will be processed through appropriate channels to the DoC who will review and take action to make the needed supplies available to the applicant when deemed appropriate.
(End of clause)
52.211-9003 Conditions for Evaluation of Offers of Government Surplus Material.
As prescribed in 11.304-91(a), insert the following provision:
CONDITIONS FOR EVALUATION OF OFFERS OF GOVERNMENT SURPLUS MATERIAL
(DEC 2004) - DLAD
(a) Definition.
“Surplus material,” as used in this provision, has the same meaning as in the clause at 52.211-9000, Government Surplus Material.
(b) The Agency will evaluate an offer of surplus material when the Contracting Officer determines the Offeror is otherwise in line for award, after adding the cost of evaluation ($200 for internal evaluation and, if applicable, an additional $500 for each Engineering Support Activity (ESA) evaluation, plus any additional fees required for special testing and/or inspection).
(c) When an offer is for a quantity less than the solicited quantity, the contracting officer will consider the $500 cost of issuing and administering more than one award. The contracting officer will also consider the anticipated impact on the unit price of the remaining quantity, to determine the total cost to the Government.
(d) When an offer of surplus material is received in response to a solicitation for a long-term contract, the Contracting Officer shall consider whether the quantity of surplus material meets the requirements of the solicitation. If so, the Contracting Officer shall consider the offer of surplus material to be responsive to the solicitation. If not, the Contracting Officer shall reject the offer as not conforming to the solicitation and shall forward a summary of the offer to the Item Manager (Supply Planner). The Item Manager (Supply Planner) shall take appropriate action in the best interest of the Government, based on the Item Manager’s (Supply Planner’s) judgment; such as initiating a separate, fixed-quantity purchase request, if warranted by the agency’s supply position.
(End of provision)
52.211-9004 Priority rating for various long-term contracts.
As prescribed in 11.604(90), insert the following clause in prime vendor, corporate, and other long term contracts:
PRIORITY RATINMG FOR VARIOUS LONG-TERM CONTRACTS ( MARCH 2000 )- DLAD
This contract is assigned a priority rating under the Defense Priorities and Allocations Systems (DPAS) regulation (15 CFR 700) which requires contractors to utilize the assigned rating in obtaining the products, materials, and supplies needed to fill their contracts. Because this contract does not have a specificed delivery date, the basic contract is not rated; however, orders placed against it that include a delivery date are considered rated orders as of the date of receipt by the supplier. In the event the contractor is unable to obtain the necessary products, materials, and supplies to complete the contract, the contractor shall immediately advise the Defense Contract Management Agency (DCMA) representative or the appropriate Defense Supply Center DPAS officer through the cognizant Administrative Contracting Officer or procuring contracting officer. The DPAS officer or the DCMA plant representative will provide necessary assistance or the necessary instructions to complete Department of Commerce (DoC) BXA Form 999, Request for Special priorities Assitance. This form will be processed through appropriate channels to the DoC who will review and take action to make the needed supplies supplies available to the applicant when deemed appropriate.
(End of provision)
52.211-9005 Conditions for evaluation and acceptance of offers for critical safety items.
As prescribed in 11.304-90(a), insert the following clause:
CONDITIONS FOR EVALUATION AND ACCEPTANCE OF OFFERS FOR CRITICAL SAFETY ITEMS
(APR 2002) - DLAD
(a) Definitions.
"Actual manufacturer" means an individual, activity, or organization that performs the physical fabrication processes that produce the deliverable part or other items of supply for the Government. The actual manufacturer must produce the part in-house. The actual manufacturer may or may not be the design control activity.
"Approved source" means a prime contractor or the actual manufacturer(s) cited in the acquisition identification description (AID). It does not include design control activities with no manufacturing capability.
"Critical safety item" (CSI) means a part, assembly, installation, or production system with one or more critical characteristics that, if not conforming to the design data or quality requirements, would result in an unsafe condition that could cause loss of, or serious damage to, the end item or major components, loss of control, or serious injury or death to personnel.
"Design control activity" means a contractor or Government activity having responsibility for the design of a given part, and for the preparation and currency of engineering drawings and other technical data for that part. The design control activity may or may not be the actual manufacturer.
"Exact product" and "alternate product" are defined in the provision at DLAD 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.
"Prime contractor" means a contractor having responsibility for design control and/or delivery of a system/equipment such as aircraft, engines, ships, tanks, vehicles, guns and missiles, ground communications and electronics systems, and test equipment.
"Rebranding" means remarking, re-labeling, repackaging, or otherwise obscuring the marking of the approved source cited in the AID (i.e., the prime contractor or actual manufacturer).
(b) The item being acquired is a critical safety item (CSI). Given their vital importance and the catastrophic consequences that can result if they fail, procurement of these items requires the highest standards of oversight and verification.
(c) This clause applies only to offers of "exact product." Offers of "alternate product" will be evaluated in accordance with the clause at DLAD 52.217-9002. Offerors of Government surplus material must comply with the requirements in the clause at DLAD 52.211-9000 in addition to this clause, and surplus offers will be evaluated in accordance with the provision at DLAD 52.211-9003.
(d) If the Offeror is the prospective awardee and is not currently an approved source cited in the acquisition identification description (AID) on the schedule page of this solicitation, the Offeror will be requested by the Contracting Officer to provide documented evidence prior to award sufficient to establish that the item being offered is (or will be) the exact item cited in the AID and is (or will be) manufactured by an approved source cited in the AID, modified (if necessary) to conform to any additional requirements set forth in the AID, and is (or will be) manufactured by or under the direction of an approved source cited in the AID. Additionally, if the Offeror manufactures the offered item for an approved source cited in the AID, evidence of approval and acceptance by the approved source will be required. Evidence must include the following at a minimum, plus whatever additional evidence the Contracting Officer determines necessary to sufficiently establish the identity of the item and its manufacturing source:
(1) If offered item(s) are "not in stock" or "not yet manufactured" --
(i) A copy of Offeror's Request for Quotation to approved source cited in AID; and
(ii) An original, hard copy of quotation received by Offeror from approved source cited in AID; or other verifiable documentation of quotation. (If Offeror is unable to provide this documentation to the Contracting Officer prior to award, it must be provided to the Quality Assurance Representative (QAR) for examination at time of source inspection.)
(iii) For offers of surplus material, a completed 52.211-9000 with supporting documentation.
(2) If offered item(s) are "shipped" or "in stock" --
(i) A copy of invoice on approved source's letterhead. (Invoice must identify exact item cited in AID and a quantity sufficient to satisfy the solicitation requirement.); or
(ii) A copy of packing slip which accompanied shipment from approved source to Offeror. (Packing slip must identify exact item cited in AID and a quantity sufficient to satisfy the solicitation requirement; or
(iii) For offers of surplus material, a completed 52.211-9000 with supporting documentation; and
(iv) Inventory control records to establish that items Offeror proposes to furnish under current order are still in Offeror's stock. (This documentation is mandatory and must be provided to Quality Assurance Representative (QAR) for examination at time of source inspection. Documentation may be provided to Contracting Officer prior to award, at Offeror's discretion.)
(3) If Offeror is an authorized dealer/distributor, or manufactures the item for an approved source --
(i) An authorized dealer/distributorship agreement, licensee agreement, or other type of agreement. (The agreement must specifically identify the exact item, or otherwise ensure that the Offeror is authorized by the approved source to manufacture or distribute the exact item being acquired. If the agreement covers a general product line or is otherwise not product-specific, the Offeror must also furnish additional documentation to address the exact item being acquired (see above).); or
(ii) Letter from an approved source cited in the AID, specifically identifying Offeror as authorized to distribute or manufacture the exact item cited in the AID for that approved source; or
(iii) Other verifiable information (e.g., listing of authorized dealers on official Web page of an approved source) to establish the Offeror's authority to manufacturer or distribute the exact item cited in the AID for an approved source cited in the AID.
(4) When the AID specifies a revision number --
(i) Documentation establishing that the offered item was (or will be) made in accordance with the revision cited in the AID. (This requirement is considered to have been met when documentation provided by Offeror to satisfy other portions of this clause or solicitation already establishes that offered item was (or will be) made to the revision cited in the AID); or
(ii) Documentation identifying the revision offered and the differences between the revision offered and the revision cited in the AID.
(e) By the submission of this offer, the Offeror represents that --
(1) The item(s) to be provided to the Government --
(i) Is (or will be) in full compliance with all requirements specified in the solicitation; and
(ii) Is not (or will not be) --
(A) A factory second;
(B) Changed, mutilated, or rebranded;
(C) A manufacturer's overrun;
(D) A rejected item; or
(E) Government surplus material (unless Offeror has complied with clause at DLAD 52.211-9000, Government Surplus Material).
(2) In the event of item failure, Offeror will have access to, and will provide to the Government upon request, all information necessary to trace the item back through the manufacturing process.
(3) Any documentation provided by Offeror will correspond to the exact item(s) that will be furnished to the Government; or Offeror will obtain updated documentation and provide it to the Government (if, for example, Offeror sells item(s) to another Buyer before award or before tender for acceptance).
(f) Failure to provide adequate documentation within the timeframe requested by the Contracting Officer may result in rejection of the offer.
(End of clause)
52.211-9006 Changes in contractor status, item acquired, and/or manufacturing process/facility – critical safety items.
As prescribed in 11.304-90(b), insert the following clause:
CHANGES IN CONTRACTOR STATUS, ITEM ACQUIRED, AND/OR MANUFACTURING PROCESS/FACILITY --
CRITICAL SAFETY ITEMS ([July] 2002) - DLAD
(a) If any changes occur in the Contractor’s business status or relationship with the approved source(s) after award of this contract (such as, for example, inability to obtain manufacturing process information; or changes in status as authorized dealer/distributor, or in terms of licensing arrangement), the Contractor shall immediately provide notification and documentation of the changes to the Administrative Contracting Officer (ACO).
(b) The Contractor shall immediately provide to the Administrative Contracting Officer (ACO) notification (and documentation, if available) of any of the following changes the Contractor becomes aware of:
(1) Later revisions to drawings, specifications or standards that differ from the revision cited in the acquisition identification description (AID) in the contract;
(2) Changes in the manufacturing process;
(3) A change in the approved source’s manufacturing location; or
(4) A transfer of manufacturing facilities by the approved source since last manufacture.
(End of clause)
52.211-9007 Withholding of Materiel Review Board (MRB) authority.
As prescribed in 11.304-90(c), insert the following clause:
WITHHOLDING OF MATERIEL REVIEW BOARD (MRB) AUTHORITY -- CRITICAL SAFETY ITEMS
([July] 2002) -- DLAD
The item being acquired is a critical safety item. Notwithstanding any other term or condition included in this contract/agreement, Materiel Review Board (MRB) authority is hereby withheld. (This clause does not apply to sources that have explicit authority to retain MRB authority, which are identified on the DSCR Technical Oversight Office (TOO) Web site at http://www.dscr.dla.mil/userweb/vg/CriticalPartReview.htm.)
(End of clause)
52.211-9009 Non-Acceptability of Government Surplus Material.
As prescribed in 11.304-91(b), insert the following provision:
NON-ACCEPTABILITY OF GOVERNMENT SURPLUS MATERIAL
(APR 2002) - DLAD
(a) Definition.
“Surplus material,” as used in this clause, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the Defense Reutilization and Marketing Service (DRMS), by contractors authorized by DRMS, or through another Federal Government surplus program. The terms “surplus” and “Government surplus” are used interchangeably in this clause.
(b) The Government has determined that offers of surplus material will not be considered for this acquisition.
(End of provision)
52.211-9010 Shipping label requirements – MIL-STD-129P.
As prescribed in 11.290(b), insert the following clause:
SHIPPING LABEL REQUIREMENTS – MIL-STD-129P
( May 2006) – DLAD
(a) MIL-STD-129, Revision P, dated December 15, 2002, establishes requirements for Contractors that ship packaged materiel to the Government to provide both linear bar codes and two-dimensional (2D) symbols on shipping labels (but see paragraph (d) for exceptions to the requirement for 2D symbols). Shipping labels with 2D symbols are referred to as Military Shipping Labels (MSL). See the DLA Packaging Web site identified in paragraph (e) for Change Notices to MIL-STD-129P that apply. Linear (Code 3 of 9 or Code 39) bar codes continue to be required on interior packages (unit packs and intermediate packages) for the National Stock Number (NSN) and, when applicable, the serial number(s); and on exterior shipping containers and palletized unit loads for the NSN, Contractor and Government Entity (CAGE) Code, contract number and, when applicable, the serial number(s). This data is also required to be linear bar-coded on the DD Form 250.
(b) The shipping label described in this clause replaces former DD Form 1387 and is illustrated in Figures 2a and 2b of MIL-STD-129P.
(1) The shipping label requires Code 3 of 9 or Code 39 linear bar codes for the Transportation Control Number (TCN), piece number and DOD Activity Address Code (DoDAAC) for the ultimate consignee or mark-for address.
(2) The 2D symbol on the shipping label must contain the document (requisition) number, NSN, originating activity’s Routing Identifier Code (RIC), Unit of Issue, Quantity, Condition Code, and Unit Price, which are ordinarily included on the DD Form 250. A complete list of data elements is defined in Table IV of MIL-STD-129P. The TCN should be part of the mark-for information on the contract. This mark-for should be directly below the ship-to address in the contract. All TCNs must be unique, and each part of a shipment (partial shipment of one or more pieces) loaded on a different conveyance requires a unique TCN. Samples of TCN construction may be found at the DLA Web site identified in paragraph (e) of this clause. (A general construction of a TCN is provided below.) Except for the TCN, which must always be present on the shipping label, when the contract omits any other data elements as defined in Table IV of MIL-STD-129P and if the information is not available from the Administrative Contracting Officer, then the field is not required as part of the shipping label and may be left blank.
TCN Positions 1-14 Requisition/Document Number
TCN Position 15 Enter the suffix code; if none, enter “X”
TCN Position 16 Enter “X” if not a partial shipment; if a partial shipment, enter
“A” for first shipment, “B” for second shipment, etc. (see
paragraph L., Appendix L, Part II of the Defense Transportation
Regulation (DTR), DOD 4500.9-R)
TCN Position 17 Enter “X”
(c) The following must comply with the requirements in Table IV of Mil-Std-129P and include all applicable data elements identified therein:
(1) All diverted or redirected OCONUS DVD and Prime Vendor shipments which pass through the Defense Transportation System (DTS) via Defense Distribution Depot Consolidation Points (see below), Aerial Ports of Embarkation, Pre-positioned Ship Operations sites, or the Norfolk, Virginia Container Freight Station.
Container Consolidation Point DODAAC
Defense Depot San Joaquin California (DDJC)(CCP WHSE 30) W62N2A and SW3225
Defense Depot Susquehanna Pennsylvania (DDSP)(CCP Door 135-168) W25N14 and SW3123
(2) Shipments for depot storage with destinations to the following OCONUS (overseas) locations:
Depot Storage Site DODAAC
Defense Depot Pearl Harbor Hawaii (DDPH) SW3144
Defense Depot Yokosuka Japan (DDYJ) SW3142
Defense Depot Germersheim Germany (DDDE) SWE300
Defense Depot Sasebo Japan (DDYJ) SW3143
Defense Depot Bahrain (DDZZ) SW3107
Defense Depot Sigonella Italy (DDSI) SW3170
Defense Depot Guam (DDPH) SW3147
Defense Depot Korea (DDDK) SW3105
Defense Depot Kuwait (DDKS) SW3109
(3) Direct Vendor Delivery (DVD) shipments. The following additional guidance applies when bar coding DVD shipments:
(i) In addition to other marking requirements in the contract, the following separate lines of bar coded data, with Human Readable Interpretation (HRI) printed clearly below the element, shall be provided. NO SPACES SHALL SEPARATE THE INDIVIDUAL DATA ELEMENTS WITHIN EACH LINE.
(A) Document Number and suffix. The Document Number consists of a 14-character (15 characters when a suffix is included) alpha-numeric code. It may be listed on a contract/award as the Requisition Number, Transportation Control Number (TCN), etc. If there is no TCN, use the Requisition Number followed by “XXX.”
(B) National Stock Number (NSN). The NSN will appear as a 13-digit code without the dashes. If there is no NSN, use the CAGE and Part Number.
(C) ICP Routing Identifier Code (RIC). The RIC for each procuring activity is as follows:
S9C - Defense Supply Center Columbus - Construction
S9E - Defense Supply Center Columbus – Electronics
S9F – Defense Energy Support Center (M) - Missiles
S9G - Defense Supply Center Richmond
S9I - Defense Supply Center Philadelphia – General and Industrial
S9T - Defense Supply Center Philadelphia - Clothing and Textiles
S9M - Defense Supply Center Philadelphia – Medical Materiel
S9P - Defense Supply Center Philadelphia – Perishable Subsistence
S9S - Defense Supply Center Philadelphia – Semi-perishable Subsistence
(D) Unit of Issue. The appropriate unit of issue (U/I) will appear as a two-digit alpha character.
(E) Quantity. The quantity will appear as a five-position number, including zero fillers on the left.
(F) The above will be followed by an “A” and eight zeros (i.e., “A00000000”).
(ii) These bar code markings shall be placed on labels affixed to either to DD Form 250 or the commercial packing list. If used on the DD Form 250, it should be in blocks 15, 16, 17, etc. In either case, these documents shall be furnished in Packing List Envelopes affixed to the outside of the shipping container.
(iii) The bar code symbology shall be Code 3 of 9 (Code 39) in accordance with ISO/IEC-16388.
(d) Listed below are exceptions to requirements in Table IV of MIL-STD-129P. These shipments/orders require only a DD Form 250 or commercial invoice and a shipping label, with the document number (except for shipments described in subparagraph (d)(5)); NSN; RIC; Unit of Issue; Quantity; Condition Code; and Unit Price. This data must be code 3 of 9 (Code 39) bar code symbology in accordance with ISO/IEC-16388. (Although not mandatory, a military shipping label in accordance with MIL-STD-129P is acceptable for depot shipments.)
(1) Subsistence items procured through full-line food distributors (prime vendors), “market ready” type items such as fresh milk, ice cream, and other fresh dairy products, fresh bread and other fresh bakery products, and all fresh fruits and vegetables, shipped within the Continental United States (CONUS) to customers within CONUS;
(2) Any item for which ownership remains with the vendor until the item is placed in designated locations at the customer location prior to issuance to the customer. Government control begins upon placement of the item by the vendor into the designated location or issuance from the designated location by vendor personnel (i.e., the vendor is required to stock bins at the customer location and/or issue parts from a vendor controlled parts room).
(3) Bulk purchases of petroleum, oil and lubricant products delivered by (A) pipeline; or (B) tank car, tanker and tank trailer for which the container has (1) a capacity greater than 450 L (119 gallons) as a receptacle for a liquid; (2) a maximum net mass greater than 400 kg (882 pounds) and a capacity greater than 450 L (119 gallons) as a receptacle for a solid; or (3) a water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas.
(4) Medical items procured through DVD suppliers or prime vendors that ship directly to the end customer, such as Medical Treatment Facilities, hospitals, clinics, etc., and do not pass through the Defense Transportation System.
(5) CONUS-originated shipments for depot storage with destinations to the following:
Depot Storage Site DoDAAC
Defense Depot Susquehanna Pennsylvania (DDSP) W25G1U and SW3124
Defense Depot San Joaquin California (DDJC) W62G2T and SW3224
Defense Depot Norfolk Virginia (DDNV) SW3117
Defense Depot San Diego California (DDDC) SW3218
Defense Depot Jacksonville Florida (DDJF) SW3122
Defense Depot Puget Washington (DDPW) SW3216
Defense Depot Cherry Pt. N. Carolina (DDCN) SW3113
Defense Depot Columbus Ohio (DDCO) SW0700
Defense Depot Richmond Virginia (DDRV) SW0400
Defense Depot Red River Texas (DDRT) W45G19 and SW3227
Defense Depot Corpus Christi Texas (DDCT) W45H08 and SW3222
Defense Depot Tobyhanna Pennsylvania (DDTP) W25G1W and SW3114
Defense Depot Anniston Alabama (DDAA) W31G1Z and SW3120
Defense Depot Hill Utah (DDHU) SW3210
Defense Depot Oklahoma Oklahoma (DDOO) SW3211
Defense Depot Warner Robins Georgia (DDWG) SW3119
Defense Depot Barstow California (DDBC) SW3215
Defense Depot Albany Georgia (DDAG) SW3121
(6) Delivery orders when the basic contract has not been modified to require MIL-STD-129P.
(e) MIL-STD-129P provides numerous illustrations of what should be bar-coded and the recommended placement of the bar code. Further information is available on the DLA Packaging Web Site at http://www.dscc.dla.mil/offices/packaging/specstdslist.html#STDs. In addition, DLA’s Distribution and Planning and Management System (DPMS) is a web-based system capable of providing shipping instructions and military shipping labels. Users must first register at https://www.ddc.dla.mil/DPMSuser. Click “OK” then “Create Account” to get access to use the DPMS production site. DPMS training is available at https://www.ddc.dla.mil/dpms. Click “Vendor Application,” then “User’s Guide.”
(f) A copy of ISO/IEC-16388 is available from:
The American National Standards Institute
25 West 43rd Street
New York, NY 10036
or through www.ansi.org or www.iso.ch.
(End of clause)
Alternate I ( AUGUST 2005 – DLAD. As prescribed in 11.290(b), insert the following:
Subparagraph (c)(3)(i)(C) of the basic clause is replaced with the following:
(C) ICP Routing Identifier Code (RIC). The RIC for all procuring activities is “SMS.”
52.211-9011 Business Systems Modernization (BSM) delivery terms and evaluation.
As prescribed in 11.404-90, insert the following provision:
BUSINESS SYSTEMS MODERNIZATION (BSM) DELIVERY TERMS AND EVALUATION
(May 2006) – DLAD
(a) This acquisition is being conducted under Business Systems Modernization (BSM). Quotes/offers in response to this solicitation will be evaluated as specified in the solicitation.
(b) Delivery shall be quoted/offered in terms of a number of days after date of order (ADO). The number of delivery days requested in this solicitation is calculated based on the Government’s planned need and customer requirements. Unless delivery is identified elsewhere in the solicitation as an evaluation factor, Quoters/Offerors are encouraged to conform their delivery terms as closely as possible to the delivery days requested. If delivery is not identified as an evaluation factor, there will be no evaluation preference, or penalty, for quotes/offers of fewer delivery days than the number of delivery days requested by the Government. Quoting/offering a greater number of delivery days than requested may result in the quote/offer not being considered
(End of provision)
52.211-9012 Obsolete Components/Materials
As prescribed in DLAD 11.401-91, insert the following clause:
Obsolete Components/Materials (Jul 2005) – DLAD
The Contractor shall notify the Contracting Officer immediately upon determining the unavailability of obsolete materials or components. The Contractor may recommend a solution including details regarding the impact on the contract price and delivery. If the Contracting Officer accepts the recommended solution, a modification shall be executed between the Government and the Contractor equitably adjusting the contract price and revising the delivery. Under no circumstances shall the Contractor initiate any redesign effort or incur any additional costs without the express, written authorization of the Contracting Officer. In the event the Contracting Officer does not accept the recommended solution or authorize a redesign effort by the Contractor, the contract or the affected CLIN, as applicable, may be terminated for convenience in accordance with FAR Part 49 procedures or FAR 52.212-4, Contract Terms and Conditions - Commercial Items, for commercial awards.
(End of clause)
52.211-9013 Shipper’s Declaration of Dangerous Goods.
As prescribed in 11.204-90, insert the following clause:
SHIPPER’S DECLARATION OF DANGEROUS GOODS (AUG 2005)- DLAD
Contractors shall complete and attach a prescribed Shipper's Declaration for Dangerous Goods Form and an Air Waybill for each TP1 or TP2 shipment containing dangerous or hazardous goods or materials. Dangerous goods and/or hazardous materials are those items defined or classified as such in Title 49, Code of Federal Regulations, and the International Air Transport Association (IATA) Dangerous Goods Regulations. Generally, dangerous goods are those items containing any dangerous material or substance which is flammable, corrosive, combustible, explosive, poisonous, toxic, radioactive, unduly magnetic, contains oxidizing agents or is otherwise hazardous.
Contractors shall not offer dangerous or hazardous goods or materials for transportation by military air until properly packaged, marked, and labeled in accordance with MIL-STD-129P and military publication, Preparing Hazardous Materials for Military Air Shipments, AFMAN 24-204/TM 38-250/NAVSUP PUB 505/MCO P4030.19H, DLAI 4145.3. This publication also contains instructions on how to properly complete the Shipper's Declaration for Dangerous Goods. Blank forms may be purchased through commercial means and can be viewed on the Internet at http://www.iata.org/ps/publications/9065.htm.
(End of clause)
52.211-9014 Contractor Retention of Traceability Documentation.
As prescribed in 11.302-92, insert the following clause:
CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION
([FEB] 2006) – DLAD
(a) This clause applies when award is made to a dealer/distributor (non-manufacturer) for “exact product,” as defined in DLAD 52.217-9002, and when traceability documentation was not obtained prior to award.
(b) The Contractor must retain evidence of the technical acceptability of supplies furnished under this contract. Evidence will generally include information tracing the supplies back to the original equipment manufacturer or its authorized distributor. At a minimum, evidence must be sufficient to establish the identity of the product and its manufacturing source. This documentation must be retained for 3 years after final payment under this contract and provided for review (1) at time of Government source inspection, if applicable; (2) during random or directed post-award audits; or (3) to the Contracting Officer upon request.
(c) The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled.
(End of clause)
52.211-9015 Preference for Recycled Toner and Cartridges
As prescribed in 11.304-93 (d) insert the following clause:
PREFERENCE FOR RECYCLED TONER AND CARTRIDGES (JUL 2008) – DLAD
(a) When purchasing toner cartridges for use in laser printers, photocopiers, facsimile machines, or micrographic printers, the Government will give preference to those contractors offering remanufactured toner cartridges and recycled toner cartridges unless--
(1) Remanufactured or recycled toner cartridges for the type of equipment used by the Government does not exist,
(2) The price of such cartridges is higher than the original equipment manufacturer's new cartridge, or
(3) Remanufactured or recycled toner cartridges are not available in quantities needed within the timeframes required.
(b) The offered product [ ] IS [ ] IS NOT a remanufactured or recycled cartridge.
(c) Unless the Contracting Officer determines one of the conditions set forth in paragraph (a) above exists, the Contractor shall furnish either remanufactured or recycled cartridges in performance of the award.
(End of Clause)
52.211-9018 Availability of Mylar Drawings.
As prescribed in 11.201(b), insert the following clause:
AVAILABILITY OF MYLAR DRAWINGS (Jul 2006) - DLAD
(a) A Mylar drawing is available from the Government. The Mylar drawing may be provided via stable based film or electronically (refer to applicable technical repository instructions to determine available format). If unable to use the electronic format, the contractor will be responsible for any costs incurred for conversion to a hard copy.
(b) The Mylar drawings will be sent by the Government within 30 days after the effective date of the award/contract to the address on the award document, unless the contractor indicates a different address below:
(c) If Mylars are not received, or for other questions, please:
(1) E-mail the Contract Administrator listed in the Issuing Office block with a copy to the following, as appropriate:
(i) DSC Columbus: DSCC-VTRD, ATTN: Cathy M. Green, (614) 692-2343, cathy.green@dla.mil.
(ii) DSC Philadelphia: DSCP-ITC, ATTN: James Miller, (215) 737-7489, james.g.miller@dla.mil.
(iii) DSC Richmond: DSCR-VAAA, ATTN: Juanita Thomas, (804) 279-6695, Mylar Room, Juanita.Thomas@dla.mil. [Note: It is imperative for offerors to access https://ric1s-c025.dscr.dla.mil/TDMD, prior to the solicitation closing date, and download or order the Technical Data Package (TDP) to determine available Mylar format. If an electronic format representation of the Mylar is not available for download at the above website, a stable based film or CD, as applicable, will be provided to the awardee at time of award.]
(2) Notification of non-receipt should include the following information
(i) Contract/Purchase Order Number
(ii) National Stock Number (NSN)
(iii) Document (Mylar) Number (include revision level)
(iv) Sheet/Frame Number (required only in cases where partial Mylar data has been received)
(End of clause)
52.211-9020 Time of Delivery – Accelerated Delivery
As prescribed in 11.404(a)(1)(91) insert the following clause:
TIME OF DELIVERY - ACCELERATED (Jun 2008) – DLAD
Unless otherwise authorized in the award, accelerated delivery is acceptable only if there is no additional cost or obligation to the Government for accelerated delivery.
(End of clause)
52.211-9021 Variation in Quantity
As prescribed in 11.703(a) insert the following clause:
VARIATION IN QUANTITY (Jan 2008) - DLAD
This increase or decrease shall apply separately by item to the total number of feet and/or to the total spools to be delivered or shipped to each destination provided that the limitation stated in 52.211-16 is not exceeded for either.
Nothing herein shall be construed to vary, alter or modify any specification requirement for the supplies described herein. Accordingly, this provision does not authorize shipment of supplies in other than the specified unit pack or of supplies which do not conform to tolerances and the variation limitation imposed by specification requirements.
However, to the extent consistent with specification requirements, the variation, if any, stated in 52.211-16 shall also apply separately to the length of each spool.
(End of Clause)
52.211-9022 Superseded Part-Numbered Items
As prescribed in 11.304-92 insert the following clause:
SUPERSEDED PART-NUMBERED ITEMS (AUG 2007) - DLAD
(a) Part number (P/N) changes. Part number changes are acceptable only when the offeror completes the following verification:
The offeror represents that the P/N requested in the solicitation has been changed from CAGE _____________, P/N ____________________ to P/N ________________ and that this is a part number change only. The reason for the change is ______________________________________________________________________ ____________________________________________________________________________________________________________________
The offeror represents that there has been no change to the parts form, fit, function, configuration, application, or physical nature and is therefore an exact item of replacement. Any award issued to the offeror for the new, superseding P/N shall be based on this verification. The Government may cancel any award for P/Ns determined to be unacceptable, and return any unacceptable parts for full refund including reimbursement for shipping charges. The Government also reserves the right to dispose of the unacceptable part, at contractor expense.
The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements.
(b) If an item is superseded during the term of this award, the Contractor shall advise the Contracting Officer within fifteen (15) business days of such determination, or within five (5) business days if the superseded item is covered by a delivery order issued prior to the determination. The notice shall include complete information concerning the replacement item as it relates to the form, fit, and function, configuration, application, or physical nature of the superseded item. The Contracting Officer will determine whether the replacement item is acceptable to the Government, advise the Contractor within fifteen (15) business days, and modify the contract accordingly.
(End of clause)
52.211-9023 Substitution of Item After Award
As prescribed in 11.304-92 insert the following clause
SUBSTITUTION OF ITEM AFTER AWARD (AUG 2007) – DLAD
When the Purchase Order Text (POT) identifies supplies by manufacturer's name, CAGE code, and part number, the specified item(s) are the only item(s) acceptable under this contract. The contractor may not substitute a different item after award.
(End of clause)
52.211-9024 Shelf-Life Items Manufacturing Restrictions DLAD (Feb 2008)
As prescribed in 11.304-93 insert the following clause:
SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS (Feb 2007) – DLAD
(a) Products delivered under this contract shall be manufactured/cured/assembled to ensure that a minimum of 85% (allowing for rounding to whole months) shelf-life is remaining at time of receipt by the Government.
(b) Marking or labeling shall reflect these data.
(c) Supplies received by the Government with less than 85% shelf-life remaining will be considered to be nonconforming within the meaning of the Inspection Clause.
(End of Clause)
ALTERNATE I (Aug 2007) - DLAD
As prescribed in 11.304-93 insert the following clause instead of 52.211-9024:
SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS FOR FSG 91 ALTERNATE I (Aug 2007) – DLAD
(a) Products delivered under this contract shall be manufactured/cured/assembled to ensure that a minimum of 75% (allowing for rounding to whole months) shelf-life is remaining at time of receipt by the Government.
(b) Marking or labeling shall reflect these data.
(c) Supplies received by the Government with less than 75% shelf-life remaining will be considered to be nonconforming within the meaning of the Inspection Clause.
(End of Clause)
52.211-9025 Compliance with National Sanitation Foundation (NSF) Requirements
As prescribed in 11.304-93 insert the following clause:
COMPLIANCE WITH NATIONAL SANITATION FOUNDATION (NSF) REQUIREMENTS (SEP 2007) – DLAD
(a) Successful offeror(s) shall be required to provide evidence that the item to be furnished meets the required NSF standards cited in the item description and/or specification. Provide the following information regarding items offered:
MANUFACTURER'S NAME_________________________________________
MAKE__________________________________________________
MODEL NUMBER__________________________________________
(b) Acceptable evidence shall be either certification from the NSF or an independent testing laboratory. If item is pending NSF approval, evidence of NSF approval shall be furnished by the contractor to the Contracting Officer prior to or at the time of submission of the First Article Test Report (FATR). If FATR is waived, NSF approval must be received within 90 days after contract award. (See paragraph (d)(5) below).
(c) OFFEROR CHECK ONE:
[ ] Product has NSF approval. A copy of approval is attached.
[ ] Product currently is being tested or will be tested by NSF for compliance with the applicable NSF standards.
[ ] Results of tests for compliance with applicable NSF standards by independent testing laboratory have been approved by the Government. A copy of the Contracting Officer's approval is attached.
[ ] Product currently is being tested or will be tested for compliance with applicable NSF standards by an independent testing laboratory in accordance with this clause.
[ ] NSF testing has been waived due to the following: ________________________________
(d) When the contractor elects to use an independent testing laboratory to demonstrate compliance with the applicable NSF standards the following shall apply:
(1) Satisfactory evidence of compliance shall be a test report, acceptable to the Contracting Officer, with the advice of the Army Surgeon General, from an independent testing laboratory, indicating that the item has been tested and conforms to the applicable NSF standards. The test report shall address all requirements of the NSF standards and contain all quantitative data generated as a result of the examinations and tests. These quantitative data shall show the exact measurement value regardless of whether a failure occurred, and where averages are reported, shall show the individual values as well as the averages.
(2) The Contracting Officer shall be notified of the time and location of all tests at least 10 days prior to commencement so that the Government may witness the tests if it so elects; provided however that if such testing begins before award, the contractor shall give written notice of such to the Contracting Officer not later than three days after award.
(3) The test report shall be delivered to the Contracting Officer, DSCP(C&E), 700 Robbins Avenue, Philadelphia, PA 19111-5096 within 90 days after contract award if FATR is waived or prior to or at the time of required delivery of FATR. The contractor will be notified in writing of the approval or disapproval of the test report within 75 days after receipt of the report. A notice of approval shall not relieve the contractor from complying with applicable specification(s), NSF standards, and all other terms and conditions in any resulting contract.
(4) If the test report is disapproved, the contractor may be required, at the option of the Government, to repeat any or all of the tests, and deliver another report to the Government under the terms and conditions and within the time specified by the Government. After each requirement for additional tests, the contractor shall, at no additional cost to the Government, make any required changes or modifications. All costs related to all tests to demonstrate compliance with NSF standards shall be borne by the contractor, including any and all costs for additional testing which may be required following approval of any test report.
(5) If the contractor fails to deliver any test report on time, or the Contracting Officer disapproves any test, the contractor shall be deemed to have failed to make delivery within the meaning of the Default Clause in any resulting contract.
(6) If the Government does not act within the time specified in paragraph (3) above, the Contracting Officer shall, upon timely written request from the contractor, equitably adjust the delivery of performance dates and/or the contract price.
(7) Prior to approval of test report, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the contractor. Prior to approval of test report, the costs thereof shall not be allocable to this contract for (i) progress payments, or (ii) termination settlement if the contract is terminated for the convenience of the Government.
(End of Provision)
52.211-9026 Delays in Shipment of Products Requiring USDA Laboratory Analysis
As prescribed in 11.404-91 insert the following clause:
DELAYS IN SHIPMENT OF PRODUCTS REQUIRING USDA LABORATORY ANALYSIS (SEP 2007) – DLAD
The specifications of this contract require a USDA Laboratory Analysis of samples of the product to be delivered. Offerors should consider this requirement when submitting offers so that appropriate consideration is given to planning production schedules. If there are delays in performing the USDA analysis of the samples, or if there are delays in receiving the USDA analysis due to the postal service, the contractor shall so notify the contracting officer. An extension in shipping time may be authorized when the conditions of (a) below, and if applicable, (b) below are satisfied.
(a) When all production lots intended in offered units were produced at least 12 calendar days in advance of the required delivery date (RDD) specified in the contract, and the laboratory results for the samples taken from these production lots are not made available to the contractor by the estimated shipping date (defined as date scheduled to ship in order to meet the RDD), the RDD will be extended by that number of days that receipt of the results by the contractor exceeds the estimated shipping date. (The adjusted RDD will be computed beginning with the day following receipt of the analysis from the USDA Laboratory.)
EXAMPLE:
RDD |
Shipping Date |
Receipt of Analysis |
Adjusted RDD |
30 Nov |
27 Nov |
28 Nov |
1 Dec |
(b) If provisions in (a) above are met and the contractor elects to use a reserve sample for any production lot, an added extension to the RDD will be made on the formula provided above when the following conditions are met:
(1) The contractor notifies the USDA Inspector to mail the reserve sample within one day after the contractor is notified of results on the original sample (if notification is received on Saturday, the reserve sample is to be mailed no later than the next business day), and
(2) The reserve sample is in compliance with specifications.
(End of Clause)
52.211-9030 Annotation of Shipping Documents for Lubricating Oil, Engine, Grade OE/HDO 40
As prescribed in 11.204-91 insert the following clause:
ANNOTATION OF SHIPPING DOCUMENTS FOR LUBRICATING OIL, ENGINE, GRADE OE/HDO 40 (Apr 2008) – DLAD
(a) For deliveries, when temperature compensating meters are used to determine quantity, the shipping document shall be annotated with the API gravity (or density), net quantity, and a statement that a temperature compensating meter was used to determine quantity.
(b) For deliveries, when quantity is determined without volume correction to 60 degrees F (15 degrees C) as permitted in the clause entitled DETERMINATION OF QUANTITY, the shipping document shall be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.
(c) For all other deliveries, the shipping document shall be annotated with the gross and net gallons (or gross and net liters), the observed and corrected API gravity (or density), and the temperature at which the product was measured.
(End of Clause)
52.211-9031 Marking Requirements for High and Low Pressure Cylinders
As prescribed in 11.204-91 insert the following clause:
MARKING REQUIREMENTS FOR HIGH AND LOW PRESSURE CYLINDERS (APR 2008) – DLAD
The serial number to be marked on each cylinder, as required by the specification cited in the Schedule of this solicitation, shall cite the Defense Supply Center Richmond prefix of "CX".
(End of Clause)
52.211-9032 Shipping and Routing
As prescribed in 11.404-92 insert the following clause:
SHIPPING AND ROUTING (APR 2008) – DLAD
(a) The Contractor shall make shipments of the supplies called for by or ordered under this contract, by the method specified in the Schedule, to the delivery point, in the quantity, and according to the delivery date specified in the order or in the Schedule.
(b) On f.o.b. destination items involving multiple truck load shipments, the Contractor shall assign one shipment number for shipments made on the same day.
(c) The Contractor shall furnish serially numbered seals and effectively seal all transport trucks and trucks and trailers. The marking on the seal shall be indicated on all shipping documents.
(d) Placards, as required by 49 CFR 172.506 and 49 CFR 172.508, shall be furnished and affixed to all tank trucks by the Contractor unless placards are already affixed.
(e) The Contractor shall inspect all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver. The tank truck operator/driver may be permitted to physically load the tank truck; however, the loading operation must be under the surveillance and direction of Contractor personnel.
(End of Clause)
52.211-9033 Packaging and Marking Requirements
As prescribed in 11.204-92 insert the following clause:
PACKAGING AND MARKING REQUIREMENTS (APR 2008) – DLAD
See Section B for applicable packaging and marking requirements. Offers that do not comply with the packaging and marking requirements as specified in Section B of this solicitation may be subject to rejection as being technically unacceptable.
(End of Clause)
52.211-9034 Packaging/Marking Requirements for DMS Buys
As prescribed in 11.204-93 insert the following clause:
PACKAGING/MARKING REQUIREMENTS FOR DMS BUYS (APR 2008 MARITIME) – DLAD
Requirements apply only to line item ____ , PR __________ , NSN ___________
1. Item shall be supplied as follows:
(a) Dual-In-Line Type - Microcircuits shall be supplied in aluminum rails not to exceed 20 inches in length. Plastic rails are not acceptable. Stoppers in ends of rails shall be constructed of aluminum or rubber. Stoppers fabricated with any other material are unacceptable. Each rail shall be marked with the National Stock Number (NSN), part Number (P/N), Unit of Issue (U/I), and quantity applicable to the devices therein. Only one identification label shall be applied to each rail.
(b) Flat Pack and Can Type - Microcircuits shall be supplied in individual carriers designed for the device or protected in a way that is normally acceptable in industrial practice, provided this meets the requirements of paragraph 2 below. Each interior container shall be marked with the NSN, P/N, U/I and quantity applicable to the devices therein.
2. General Precautions:
(a) Packaging shall protect the item from physical and mechanical damage and from degradation due to electrostatic (ES) and electromagnetic (EM) environmental field forces.
(b) Any wrapping and cushioning materials used shall be non-static-generating, non-corrosive, and shall not crumble, flake, powder, shed, or be of fibrous construction. Cushioning materials as required shall be of the following:
(1) Flexible cellular, plastic
(2) Open cell, plastic
(3) Velostat foam, black
NOTE: These cushioning materials may be used as a wrap.
3. When necessary, because of limited quantities, to ship items of more than one NSN in a shipping container, all identical items shall be segregated in suitable intermediate containers and identified with the NSN, P/N, U/I and quantity.
4. In addition to MIL-STD-129P identification marking, each intermediate and shipping container shall be labeled with "Sensitive Electronic Device" label as shown in MIL-STD-129P. (This label shall not be affixed to aluminum rails). Delivery address and "Mark for" shall be as specified in the procurement document.
(End of Clause)
52.211-9035 Marking Requirements
As prescribed in 11.204-94 insert the following clause:
MARKING REQUIREMENTS (APR 2008 MARITIME) – DLAD
Marking of Unit, Intermediate and Shipping Containers for Shipment and Storage. Unless authorized by paragraph 7 below, all shipments, regardless of levels specified, including industrial, shall be marked in accordance with the most recent version of MIL-STD-129P (19-SEP-2007), “Marking for Shipment and Storage". In addition to MIL STD-129P requirements, the following instructions also apply:
1. Joint Army-Navy (JAN) and Other Special Markings In Accordance With Government Specifications: As designated, the following marking shall be placed on the unit package (carton, box, bag, etc., used as the initial protection), in addition to normal MIL-STD 129P marking. If the marking space on the MIL-S(JTD-129P identification side of the unit package is too small (3 inches by 4 inches or less surface area) to accommodate this additional marking, the reverse side of the package may be used.
(a) Semiconductor Devices procured under MIL-PRF-19500M:
(1) Part or Identifying Number (PIN)
(2) Manufacturer's ID and symbol
(3) Lot identification code and code of assembly plant (if applicable)
(4) Beryllium oxide identifier (if applicable)
(5) Electrostatic discharge sensitivity identifier (if applicable)
(6) Country of origin
(7) DMS Marking (if applicable)
(b) Microcircuits procured under MIL-M-385 I0J, Notice 1:
(1) PIN
(2) Identification code
(3) Manufacturer's identification
(4) Manufacture's designation symbol
(5) Country of origin
(6) 'JAN' certification mark
(7) Special marking
(8) Electrostatic discharge sensitivity identifier
(c) Other Semiconductor Devices and Microcircuits not procured under a Military Specification
(1) Identification number
(2) Manufacturer's identification
(3) Manufacturers date code
(d) Special marking as required under an applicable Military Specification.
2. Sensitive Electronic Devices: When the MIL-STD-2073-1D, Packaging Requirements Code specifies method of preservation GX or ZZ, with special marking code “39” (ESD Sensitive Electronic Device Requirements), sensitive electronic devices caution marking shall be applied as specified in MIL-STD-129P.
3. Bar Code Marking: Regardless of levels of packaging specified (including Industrial), bar code marking shall be applied to all unit, intermediate, and exterior containers in accordance with MIL-STD-129P.
(a) EXTERIOR CONTAINERS: For DLA contracts, each Exterior shipping containers shall be bar coded with the NSN, contract number (including the call number) and Cage Code.
(b) MULTIPACKS:
(1) Item identification markings. Item identification markings will not be bar coded on the exterior shipping container of multipack shipments. However, unit packs and intermediate containers in the multipack shall be bar coded.
(2) Contract number. Contract number will be bar coded on the exterior shipping container of the multipack if the number applies to all unit and intermediate containers inside the multipack. If mixed contract numbers are contained in the multipack, then the exterior container will not be bar coded.
4. Hazardous Materials: (Performance Oriented Packaging). In addition to the packaging requirements included in the commodity specification listed below, the supplies shall comply with applicable packaging requirements of AFMAN 24-204 (DLAI 4145.3), Preparing Hazardous Material for Military Air Shipments, the International Civil Aviation Organization (ICAO) technical instructions for the safe transport of dangerous goods by air. The International Maritime Dangerous Goods Code (IMDG CODE) and Title Forty-nine of the Code of Federal Regulations (49 CFR). To the extent that there is conflict between the requirements of the commodity specification and other packaging data listed below and the requirements of AFMAN 24-204 (DLAI 4145.3), ICAO, and IMDG CODE, the provisions in AFMAN 24-204 (DLAI 4145.3), ICAO and IMDG CODE will control over the conflicting provisions in the commodity specification and other packaging data. Unless otherwise specified by the procuring activity, interior and exterior containers of hazardous material shall be properly classified, documented, certified, described, packaged, marked, and labeled in accordance with AFMAN 24-204 (DLAI 4145.3), ICAO, IMDG CODE, 49 CFR, and MIL-STD-129P. In addition to the above requirements, the CAGE (Commercial and Government Entity) Code, shall be marked on all unit, intermediate and exterior containers.
5. Exterior Documentation: Packing list as specified in MIL-STD-129P is required.
6. Parcel Post APO/FPO Shipments: The statement "Contents for Official Use. Exempt from Customs Requirements" shall be annotated above the mailing address.
7. Electronics Exclusions: Electron Tubes: These items shall be marked in accordance with MIL-E-75H.
8. WARRANTY MARKINGS: When specified in the contract that the supplies are being required with a warranty agreement, the unit intermediate, and shipping containers shall be marked in accordance with MIL-STD-129P.
(End of Clause)
52.211-9036 Physical Identification/Bare Item Marking
As prescribed in 11.204-95 insert the following clause:
PHYSICAL ITEM IDENTIFICATION/BARE ITEM MARKING (APR 2008 LAND, MARITIME) - DLAD
Unless authorized by exclusions listed below, all items shall be marked as specified in MIL-STD-130N dated 17 December 2007. The following DSCC supplemental marking requirements shall take precedence in case of conflict with MIL-STD-130N.
DSCC Exclusion:
(a) Unless the design control document specifically cites other marking requirements, the item will be considered too small to mark under the conditions listed below (however, 52.211-9035, Marking Requirements, applies):
(1) For FSCs 5905, 5910, 5935, 5961, 5962, and 5999, items smaller than .100 inch in diameter and .250 inch in length or .100 inch square X .250 inch in length, exclusive of wire leads, will not be marked.
(2) Other FSCs managed by DSCC will not be marked if the item is smaller than .250 inch in diameter X .500 inch long or .250 inch square X .500 inch long, exclusive of wire leads.
(3) Restrictions (1) and (2) above will not preclude marking of items of smaller dimensions if it is the manufacturers or vendor's standard practice to do so.
(b) No other physical item marking exclusions are authorized unless specified by MIL-STD-130N.
(End of Clause)
52.211-9037 Time of Delivery – DVD
As prescribed in 11.404-90(b) insert the following clause:
TIME OF DELIVERY -DVD (APR 2008) – DLAD
Delivery orders shall specify the date of delivery based on the priority of the delivery order line item. Ramp up periods, when needed, will be as specified elsewhere in the schedule.
(a) For any delivery order which specifies a priority of 1 to 3 and has a delivery location within the continental U.S. (CONUS), the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
(b) For any delivery order which specifies a priority of 1 to 3 and has a delivery location outside the continental U.S. (OCONUS) the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
(c) For any delivery order which specifies a priority of 4 to 15, has a delivery location within CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
(d) For any delivery order which specifies a priority of 4 to 15, has a delivery location OCONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
(e) For all other delivery orders which specify a priority of 4 to 15 and have a delivery location within CONUS, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
(f) For all other delivery orders which specify a priority of 4 to 15 and have a delivery location OCONUS, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
(g) SHIPMENTS TO STOCK LOCATIONS:
For any delivery order which specifies delivery to a DLA/DoD stock location, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
(h) FIRST ARTICLE
When first article is required, the delivery timeframe will commence upon approval of first article. The delivery date of the first delivery order will be the delivery based on the priority of the delivery order line item plus the delivery timeframe specified by FAR Clause 52.209-3 or 52.209-4 (Section I) for submission of approval of the first article.
(i) OFFEROR’S PROPOSED SCHEDULE
Offerors proposing to meet the Government’s required delivery schedule, as shown above, need not enter anything in the “Offeror’s Proposed Schedule” section.
For priority 1-3 items with destinations within CONUS, delivery shall be within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
For priority 1-3 items with destinations outside CONUS, delivery shall be within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
For priority 4-15, destination within CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order, delivery shall be within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
For priority 4-15, destination outside CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order, delivery shall be within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
For priority 4 to 15 (all others), destination within CONUS, delivery shall be within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
For priority 4 to 15 (all others), destination outside CONUS, delivery shall be within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
For shipments to DLA/DoD stock locations, delivery shall be within _____ days after date of order for FOB DESTN and/or within____ days after date of order for FOB ORIGIN.
(j) The contractor shall furnish copies of both shipping and delivery documents whenever requested by the Contracting Officer.
(k) Offering a greater number of delivery days than requested in (a) thru (g) may result in the offer being rejected.
(End of clause)
52.211-9038 Time of Delivery/Performance – Base Installation
As prescribed in 11.404-93 insert the following clause:
TIME OF DELIVERY/PERFORMANCE – BASE INSTALLATIONS (JUL 2008) – DLAD
(1) Period of Performance: The Contractor will be required to commence work under this contract on ____________. The Contractor shall prosecute said work diligently and complete the project including all required testing not later than ____________.
(2) Time of Performance: Unless otherwise requested by the Contractor and approved by the Contracting Officer in writing, any work performed under this contract at the site shall be during the following hours (local time), except holidays:
MONDAY THROUGH FRIDAY
HOURS:
(End of Clause)
52.211-9039 Compliance with Coast Guard Requirements
As prescribed in 11.107-90 insert the following clause:
COMPLIANCE WITH COAST GUARD REQUIREMENTS (JUL 2008) – DLAD
(a) Items furnished under this solicitation/contract must be approved by the Coast Guard before delivery by the Government.
(b) OFFEROR CHECK ONE:
[ ] Product has Coast Guard approval. A copy of approval
is attached.
[ ] Product currently is being evaluated by the Coast Guard.
[ ] Product does not have Coast Guard approval.
(c) If the item does not have Coast Guard approval, the Contractor shall submit the following to the
Commandant, U.S. Coast Guard
1300 E. Street N.W.
Washington, DC 20591
for approval.
5
(1) A preproduction sample.
(2) A copy of the specifications.
(3) Two (2) copies of the plans.
(4) Test records in accordance with the required Coast Guard standards.
(d) The preproduction sample and test reports shall be delivered to U.S. Coast Guard within 90 days after contract award. The contractor shall provide a copy of the letter forwarding the sample to the Coast Guard to the Contracting Officer at the address located in Block 6 of the award. The letter will also cite the contract number to which the sample is applicable.
(e) When Coast Guard approval is received, a copy of the approval and a copy of the test records citing the contract number shall be submitted to the Contracting Officer at the address located in Block 6 of the award. A notice of approval shall not relieve the Contractor from complying with applicable specifications(s) and all other terms and conditions of this contract.
(f) If the sample/test report is disapproved, the Government may terminate for default as stipulated in paragraph (g) below or the Contractor may be required, at the option of the Government, to have repeated any or all of the tests, and/or to deliver another sample as required by the Coast Guard, under the terms and conditions and within the time specified by the Government. After each requirement for additional tests, the Contractor shall, at no additional cost to the Government, make any required changes or modifications. All costs related to all tests to demonstrate compliance with Coast Guard standards shall be borne by the Contractor, including any and all costs for additional testing which may be required following disapproval of any sample/testing report.
(g) If the sample/test report is disapproved by the Coast Guard, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default Clause of this contract. Approval/disapproval typically takes place within 55 days of the submission of the sample/test report (45 days for Coast Guard evaluation plus 10 days administrative lead time).
(h) Prior to approval of the preproduction sample, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Prior to approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlement if the contract is terminated for the convenience of the Government.
(i) The Government reserves the right to waive the requirement for submission of a preproduction sample as stated in the specification upon satisfactory evidence that the Coast Guard previously has reviewed and accepted an identical item. However, previous Coast Guard acceptance of the item does not constitute waiver of any requirements set forth in the terms and conditions of this contract.
(j) If the item is already approved, the delivery Schedule for production quantity shall be reduced by the 145 days allotted for submission and acceptance of such samples. However, the earlier delivery Schedule(s) shall not be a factor in evaluation for award.
(End of Clause)
52.211-9040 Amount of Liquidated Damages
As prescribed in 11.503(a)(90) insert the following clause:
AMOUNT OF LIQUIDATED DAMAGES (JUL 2008) – DLAD
(a) Unless the condition in paragraph (b) below is met, failure of the contractor to deliver any item of supply within the time specified in the contract will result in a downward adjustment of the contract price for that item in accordance with FAR clause 52.211-11, Liquidated Damages - Supplies, Services, or Research and Development.
(b) If this contract is awarded on the basis of delivery to other than the low offeror, the amount specified in FAR 52.211-11(a) will be replaced by a dollar figure calculated as follows:
Calculate the difference between the contract award price and the price of the low offeror. Calculate the difference in the number of days of the delivery schedule of the contract awardee and the number of days of the delivery schedule of the low offer. Divide the price difference by the delivery day difference, for the per day liquidated damage amount to use instead of the amount in FAR 52.211-11(a).
(c) Notwithstanding any other provision of the contract, the total amount of liquidated damages which the contractor may be charged for any item of supply shall in no event exceed twenty-five percent (25%) of the contract price of the delinquent quantities of that item.
(End of Clause)
52.211-9041 Lengths, Tickets, Packaging, Marking of Cuts or Pieces
As prescribed in 11.272-90 insert the following clause:
LENGTHS, TICKETS, PACKAGING, MARKING OF CUTS OR PIECES (APR 2008 C&T) – DLAD
(a) LENGTHS OF CUTS OR PIECES. The gross length of single continuous pieces (regular length) shall be as stated in the applicable specification or deviation thereto.
On pieces where shade swatches have been removed, gross yards shall exclude any material cut pursuant to the shade evaluation clause. Pieces under___________________________________ yards in length will be considered for acceptance as follows:
GROSS LENGTH OF SHORT PIECES (YDS) |
FROM: |
TO: |
MAX % PERMITTED OF TOTAL CONTRACT YARDAGE |
DISCOUNT FROM CONTRACT PRICE |
Pieces under ___________________________ yards in length will not be accepted. When splicing is permitted, each individual cut so spliced will nevertheless be considered as a separate piece. Short lengths listed in this paragraph as acceptable must be presented to the Government Quality Assurance Representative (QAR) in separate groupings, identified as short lengths, and segregated by respective length ranges. The total yardage within any short length range, presented for acceptance at any stage of contract performance, shall not exceed the percentage specified in relation to the total yardage (gross of all regular and short length pieces) shipped to date on the contract plus the yardage in the lot being presented for acceptance.
(b) PIECE TICKETS:
(1) The piece ticket shall not include in the gross quantity any yardage removed there from for purposes of contractor and Government verification testing, shade evaluation, standby samples, etc., but shall show only actual yardage in the piece.
(2) One piece ticket shall be required for each length (whether a regular length or a short length as outlined in paragraph (a) above) showing gross yardage. Information on the ticket shall be specified in the applicable requirements for preparation for delivery.
(3) Where permitted, when two or more pieces are put up on the same roll and the roll is shipped unwrapped, one ticket shall be attached to each piece and one additional ticket shall be attached to the roll.
(4) Where permitted, when two or more pieces are put up on the same roll and the roll is shipped wrapped, one ticket shall be attached to each piece and two additional tickets shall be attached to the roll. One of the additional tickets shall be inserted in the paper tube and the other such additional ticket so positioned that, though covered by the wrapping, it can be readily located and drawn. An "X" marked on the outside wrapping shall indicate the position of the latter ticket.
(5) The additional tickets required by subparagraph (3) or (4) above shall be as specified in the applicable requirements for preparation for delivery. These tickets shall show gross yardage of each piece on the reverse side and the total gross yards of the pieces comprising the roll on the face side.
(c) PACKAGING AND MARKING OF SHORT LENGTH:
(1) PACKAGING:
Lengths from____________________________ to __________________________ yards will be packed separately from regular length pieces. In addition, each length range as indicated in the table of paragraph (a), "Length of Cuts or Pieces" will, in turn, be packed separately. The total
number of short lengths rolled on a tube shall be limited by the maximum yardage or maximum weight (whichever is applicable) specified for a roll.
(2) MARKING: Marking of containers shall clearly indicate "Short Lengths", followed by the length range of the contents. This information shall immediately follow the nomenclature.
(End of Clause)
52.211-9042 Additional Documentation Requirements for Source Approval Request – Critical Application Item and Critical Safety Item
As prescribed in 11.304-93(c) insert the following provision:
ADDITIONAL DOCUMENTATION REQUIREMENTS FOR SOURCE APPROVAL REQUEST – CRITICAL APPLICATION ITEM AND CRITICAL SAFETY ITEM (APR 2008) – DLAD
(a) If an item other than that cited in the Purchase Order Text (POT) is offered
under provision 52.217-9002 of this solicitation, this provision specifies the Government's requirements for additional documentation needed to evaluate whether the offered item meets the requirements for the Critical Application Item (CAI) and/or Critical Safety Item (CSI) identified in the POT. The offeror shall determine which category applies. The specified documentation for that category, as well as that specified for all categories at subparagraph (b), shall be submitted in support of the manufacturing process.
The following website provides the mandatory requirements to submit for CATEGORY I – III parts,: (http://www.dscr.dla.mil/userweb/sarguide.doc).
(1) CATEGORY I - Manufacturer of the same item for the Original Equipment Manufacturer (OEM) or for the Department of Defense (DoD).
(2) CATEGORY II - Manufacturer of a similar item for the OEM or DoD. (A similar item is defined as an item whose design, application, operating parameters, material, and manufacturing processes are similar to those of the item for which source approval is sought.)
(3) CATEGORY III - New manufacturer. The exact or similar item has not been previously provided to the OEM or DoD.
(b) Requirements for all CATEGORIES.
(1) Documentation shall be provided stating if the company seeking approval is a nonmanufacturing source or the actual manufacturer. If the company seeking approval
is a nonmanufacturing source, the required information shall also be submitted on the manufacturer.
(2) Any SAR identified to Boeing Rights Guard must comply with the Boeing Rights Guard Agreement.
(End of Provision)
52.211-9043 Medical Material Requiring Refrigeration
As prescribed in 11.304-93(c) insert the following clause:
MEDICAL MATERIAL REQUIRING REFRIGERATION (APR 2008 MEDICAL) – DLAD
(a) The contractor shall assure that supplies which require refrigeration are properly packaged, packed, and marked with handling instructions so as to guarantee their arrival at destination in a usable condition.
(b) Supplies "damaged in transit" as referenced in the Fast Pay provision applicable to this purchase order, include supplies received in an unusable condition as a result of inadequate refrigeration and/or improper packaging, packing, or handling instructions.
(End of Clause)
52.211-9044 New Drug Applications
As prescribed in 11.204-91 insert the following provision:
NEW DRUG APPLICATIONS (APR 2008 MEDICAL) – DLAD
Offerors shall represent below information pertaining to FDA approval of New Drug Applications (NDA) or Abbreviated New Drug Applications (ANDA), when such approval is a prerequisite to marketing, and container/closure system information relative to product stability. (If additional space is needed, the required information may be provided in an attachment to the offer.)
(a) NDA/ANDA. Item ___________________________, FDA Approval File Number _______________________, Date of FDA approval _________________________. Item ___________________, FDA Approval File Number ___________________, Date of FDA approval _______________________________.
(b) CONTAINER/CLOSURE SYSTEM MATERIALS.
(1) CONTAINER (e.g., clear glass, amber glass, high or low density polyethylene, etc.)_________________________________________________________________ ______________________________________________________________.
(2) CONTAINER SEAL. Specify substance (e.g., waxed paper) which would contact the drug._______________________________________________________________ ____________________________________________________________.
(3) CONTAINER CLOSURE AND CLOSURE LINER. Specify cap type (e.g., metal, polypropylene, etc.), and the material used to line the closure (e.g., fiber liner, eflon liner, etc.)__________________________________________________________________ ________________________________________________________.
(End of Provision)
52.211-9045 Pre-market Notification
As prescribed in 11.204-92 insert the following provision:
PRE-MARKET NOTIFICATION (APR 2008 MEDICAL) – DLAD
All offerors must be in compliance with Section 510(k) of the Federal Food, Drug and Cosmetic Act for those medical device products intended to be delivered to the Government. In accordance with 21 CFR Part 807 Subpart E, approval is required 90 days prior to either the submission of the initial offer (date the bid/proposal is signed) or the original opening/closing date (whichever comes first). Offerors are required to be in compliance by listing below the item number, corresponding premarket notification number and date of Food and Drug Administration (FDA) approval or the specific basis for exemption from the notification procedures as delineated in 21 CFR Part 807 Subpart E. The Government will rely on the offeror’s information for evaluation and award purposes. Offerors not in compliance 90 days prior to either the submission of the initial offer (date the bid/proposal is signed) or the original opening/closing date (whichever comes first), OR not providing the information below, will be determined technically unacceptable (nonresponsive if an IFB) and the offer will be rejected. Offerors that are determined ineligible will not be allowed to submit evidence of compliance at a later date. False information will be grounds for terminating any contract(s) resulting from this solicitation.
Item Number Premarket Notification Number/Approval Date
OR
State Basis for Exemption
I (name of authorized representative), ______________________________________, hereby state that to the best of my knowledge and belief the information provided here is complete and accurate.
___________________________
Authorized Representative’s Signature
_________________________________
Authorized Representative’s Title
__________________________
Date
(End of Provision)
As prescribed in 11.204-93 insert the following clause:
FDA COMPLIANCE (APR 2008 MEDICAL and SUBSISTENCE) – DLAD
If any supplies acquired hereunder are recalled under the provisions of the Federal Food, Drug and Cosmetic Act, and regulations there under, the contractor shall, at the Government’s option, either reimburse the Government or repair/replace the recalled supplies. Additionally, the contractor shall notify the contracting officer immediately when a firm decides to voluntarily recall or withdraw any product from the marketplace. Upon notification by the contracting officer that supplies acquired hereunder have been recalled, the contractor shall either (a) accept Certificates of Destruction from the Government after the supplies have been properly disposed of, (b) request return of the supplies, or (c) if supplies may be repaired on site without transporting them from their location, furnish all materials necessary to effect repairs. Replacement or reimbursement will be accomplished by the contractor immediately on receipt of Certificates of Destruction or returned supplies. The costs of replacement or repair of supplies, and transportation and handling costs for movement of returned, replaced or repaired supplies within the continental United States shall be paid by the contractor. The provisions of this clause are applicable only when the value of the recalled supplies in the possession of the Government amounts to $100 or more. The rights and remedies of the Government provided in this clause are in addition to, and do not limit, any rights afforded to the Government by any other clause in the contract.
(End of Clause)
52.211-9047 Manufacturer’s Make or Model Number
As prescribed in 11.274-4(90) insert the following provision:
MANUFACTURER'S MAKE OR MODEL NUMBER (APR 2008) – DLAD
(a) Offerors are requested to provide the following information regarding the items offered:
MANUFACTURER'S NAME
MAKE
MODEL NO.
ALSO, INCLUDE NSNs
(IF PREVIOUSLY ASSIGNED TO THE MODEL IN YOUR OFFER),
AND CONTRACTS (IF APPLICABLE)
(b) Furnishing this information does not relieve the offeror from supplying items that conform to the item description. Information is required solely for purposes of assigning a permanent National Stock Number (NSN) and is not for use in evaluation of offers. Marking of items acquired under generic end item identification must be an NSN referenced to a specific manufacturer and his make or model number. Contractor will affix the permanent (specific) NSN to equipment data plates, container markings, and other documents required by the contract in lieu of the temporary (generic) NSN shown in this solicitation. If specific NSN assignment is not made and furnished to the Contractor as a part of the contract, notify the Administrative Contracting Officer.
(End of Provision)
As prescribed in 11.274-4(91) insert the following provision:
DATA NAME PLATES (APR 2008 SUBSISTENCE) – DLAD
(a) MIL-STD-130L, 20 Dec 04, is applicable with the exception of paragraphs 4.1, 4.5, 4.6, 4.11 and 4.13. Data name plates shall be made of minimum 20 gauge corrosion-resisting metal and attached to each item by rivets, screws, or welding in such a manner as to meet the applicable National Sanitation Foundation sanitary requirements for this equipment. The plate shall contain the following information stamped, engraved or applied by photosensitive means.
National Stock Number
Procurement Instrument Identification Number
Specification Data
Manufacturer's Name, Address, Phone Number
Supplier's Name, Address, Phone Number
Manufacturer's Model Number
DIC Approved Manual Number
(b) Each plate shall be placed so that it is readily visible to the operator during normal operating use. Each plate shall be placed in a manner as to not adversely affect the life and utility of the item.
(End of Provision)
52.211-9049 Time of Delivery – Incremental Delivery
TIME OF DELIVERY - INCREMENTAL DELIVERY (Jun 2008) – DLAD
As prescribed in 11.404(a)(1)(92), when incremental delivery is requested.
(a) Offers in response to this solicitation will be evaluated as specified in the solicitation. Delivery shall be offered in terms of a number of days after date of award. The number of delivery days REQUIRED in this solicitation is calculated based on the Government’s planned need and customer requirements. Unless delivery is identified elsewhere in the solicitation as an evaluation factor, Offerors are encouraged to conform their delivery terms as closely as possible to the delivery days REQUIRED, and there will be no evaluation
6
preference, or penalty for faster delivery. Offering a greater number of delivery days than the REQUIRED DELIVERY SCHEDULE may result in the offer not being considered; however, the Government reserves the right to consider offered delivery times that EXCEED the number of delivery days required by the Government. Delivery is REQUIRED by the Government in accordance with the following schedule:
REQUIRED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN NO. DAYS AFTER DATE OF AWARD
________ _________ _________________________________________
(Any balance shall be delivered at the rate of [Contracting Officer insert number of items] every [Contracting Officer insert number of days] days thereafter.)
The Government may elect to consider for award only those offers that comply with the REQUIRED DELIVERY SCHEDULE but reserves the right to consider offered delivery times that EXCEED the number of delivery days required by the Government. The Offeror may propose an alternative delivery schedule below. If the Offeror proposes no other delivery schedule, the REQUIRED DELIVERY SCHEDULE above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN NO. DAYS AFTER DATE OF AWARD
________ _________ ________________________________________
(Any balance shall be delivered at the rate of [Offeror insert number of items] every [Offeror insert number of days] days thereafter.)
(b) The Government will mail, or otherwise furnish to, the Offeror an award or notice of award not later than the day the award is dated. Therefore, the Offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the award or notice of award by adding:
(i) five calendar days for delivery of the award through the ordinary mails, or
(ii) one working day if the solicitation states that the award or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.)
(End of clause)
52.211-9050 Quantity Variance for Aerial Photographic Film
As prescribed in 11.703-90 insert the following clause:
Quantity Variance for Aerial Photographic Film (JUN 2008) – DLAD
The contractor may supply short lengths of film and bill for the actual footage shipped. Short roll film length shall be equal to not less than ninety percent (90%) of the nominal film length cited in the item nomenclature. Actual film length will be cited on each short roll unit package.
(End of Clause)
As prescribed in 11.404(a)(1)(90) insert the following clause:
TIME OF DELIVERY (Jun 2008) – DLAD
(a) Offers in response to this solicitation will be evaluated as specified in the solicitation. Delivery shall be offered in terms of a number of days after date of award. The number of delivery days REQUIRED in this solicitation is calculated based on the Government’s planned need and customer requirements. Unless delivery is identified elsewhere in the solicitation as an evaluation factor, Offerors are encouraged to conform their delivery terms
5
as closely as possible to the delivery days REQUIRED, and there will be no evaluation preference, or penalty for faster delivery. Offering a greater number of delivery days than the REQUIRED DELIVERY SCHEDULE may
result in the offer not being considered, however the Government reserves the right to consider offered delivery times that EXCEED the number of delivery days required by the Government. Delivery is REQUIRED by the Government in accordance with the following schedule:
REQUIRED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN NO. DAYS AFTER DATE OF AWARD
________ _________ _________________________________________
The Government may elect to consider for award only those offers that comply with the REQUIRED DELIVERY SCHEDULE but reserves the right to consider offered delivery times that EXCEED the number of delivery days required by the Government. The Offeror may propose an alternative delivery schedule below. If the Offeror proposes no other delivery schedule, the REQUIRED DELIVERY SCHEDULE above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN NO. DAYS AFTER DATE OF AWARD
________ _________ ________________________________________
(b) The Government will mail, or otherwise furnish to, the Offeror an award or notice of award not later than the day the award is dated. Therefore, the Offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the award or notice of award by adding:
(i) five calendar days for delivery of the award through the ordinary mails, or
(ii) one working day if the solicitation states that the award or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.)
(End of Clause)
52.211-9052 Notification to Government of and Contemplated Production Phase-out
As prescribed in 11.9001-90 insert the following clause:
NOTIFICATION TO GOVERNMENT OF AND CONTEMPLATED PRODUCTION PHASE-OUT (AUG 2008) – DLAD
a) Items described in this acquisition have critical application significance relative to certain Defense equipment or a supply program. Production phase-out of such items by the manufacturer could jeopardize the Government's ability to provide continued support for such equipment or program.
(b) In the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the Contractor is required to publish the discontinuance, where feasible, and to provide immediate advance notice of production phase-out to the applicable Supply Center Diminishing Manufacturing Suppliers and Material Shortages (DMSMS) point of contact (POC), with copies to the DLA HQ DMSMS Program Manager and the DMSMS Integrated Support Team (IST), as designated below:
Supply Center: Defense Supply Center Richmond
Office: DSCR-FAGD
Address: 8000 Jefferson Davis Highway
Richmond, Virginia 23297-5862
Supply Center: Defense Supply Center Philadelphia
Office: DSCP-NASA
Address: 700 Robbins Avenue
Philadelphia, Pennsylvania 19111-5096
Supply Center: Defense Supply Center, Columbus
Office: DSCC-VSD
Address: 3990 East Broad Street
Columbus, Ohio 43218
HQ DLA: Defense Logistics Agency
Office: DLA/J-3314
Address: 8725 John J. Kingman Rd., Suite 4240
Fort Belvoir, Virginia 22060-6221
DMSMS IST DLA DMSMS IST “VSD”
3390 East Broad Street
Columbus, Ohio 43218
Phone: (614) 692-7493
(End of Clause)
52.211-9053 Expedited Handling Shipments
As prescribed in 11.604-91 insert the following clause:
EXPEDITED HANDLING SHIPMENTS (JUL 2008) – DLAD
(1) Requisitions and contracts identified as NMCS shipments, requiring “expedited handling”, have an NMCS code shown in the RDD block of the address label. Applicable codes are “999” or any three digit code beginning with the letter “N”. The Contractor will mark all “expedited handling” shipments with identifying labels. NMCS “999” shipments shall be marked with two 999 Labels on each container. For NMCS conditions other than 999, containers shall be marked with two “NMCS” labels. Tags shall be used when labels are impractical. Place one label adjacent to the address and the other label on the opposite side of the container. Use the largest labels that will fit.
(2) Military Shipping Labels (MSL) are required on all shipments (see DLAD 52.211-9010). Enter the code “999” or “NMCS” as applicable in the required delivery date (RDD) block, and insert a large “1” in the box entitled Trans Priority.
(End of Clause)
As prescribed in 12.302(b)(3)(91)), insert the following clause:
CHANGES – MILITARY READINESS (Mar 2001) - DLAD
The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a Contingency Operation or a Humanitarian or Peace Keeping Operation, as defined below, the contracting officer may, by written order, change 1) the method of shipment or packing, and 2) the place of delivery. If any such change causes an increase in the cost of, or the time required for performance, the contracting officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The contractor must assert its right to an adjustment within 30 days from the date of receipt of the modification.
“Contingency operation” means a military operation that-
(i) Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
(ii) Results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12305, or 12406, chapter 15 of U.S.C., or any other provision of law during a war or during an national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)).
“Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259(d)(2)(B)).
(End of Clause)
52.212-9001 Application of fast payment to Part 12 acquisitions.
As prescribed in 12.301(b)(3)(90), insert the following clause:
APPLICATION OF FAST PAYMENT TO PART 12 ACQUISITIONS (AUG 2005) – DLAD
This acquisition is being conducted using FAR Part 12, Acquisition of Commercial Items. FAR 52.213-1, Fast Payment, applies. The terms and conditions in 52.213-1 take precedence over paragraphs (a), (j), (n), (o) and (p) of the clause at FAR 52.212-4.
(End of clause)
As prescribed in 13.101(a)(1)(90), insert a provision substantially as follows:
QUANTITY BREAK (JULY 1999) - DLAD
If a larger quantity is obtainable at no additional total price due to a minimum order quantity/value or any other reason, the offeror agrees to record below the maximum quantity of the product cited in this RFQ which can be furnished for such total price, along with the lower unit price for such increased quantity. If yet lower unit prices are available for greater quantities, offerors are requested to enter the lower unit prices and quantity ranges to which such prices will apply. The Government may elect to accept such alternate quantity quotations not exceeding $100,000 without further solicitation or discussion:
Quantity Range Unit Price
_________________________ __________
_________________________ __________
_________________________ __________
(End of provision)
52.213-9001 Evaluation factor for source inspection.
As prescribed in 13.106-90(a), 14.201-8(a)(90), and 15.304(c)(94), insert the following provision:
EVALUATION FACTOR FOR SOURCE INSPECTION (MAR 2004) - DLAD
This solicitation contemplates an award based on destination inspection. However, source inspection will be required for those quoters/offerors to whom formal notification thereof has been issued prior to the closing/opening date for receipt of offers under this solicitation. An evaluation factor of $250 will be added to the quoted/offered price for each source inspection required, for purposes of determining the most advantageous offer received, price and other factors considered. Quotes/offers contingent on source inspection/acceptance and/or f.o.b. origin may be considered technically unacceptable; if the quote/offer is evaluated, the $250 evaluation factor will be applied for each source inspection required. Nothing in this provision affects the right of the Government to perform or waive source inspection on any resultant order/contract.
(End of provision)
52.213-9002 Indefinite Delivery Purchase Order (IDPO) Agreement.
As prescribed in 13.390-5(a)(2), insert a provision in solicitations substantially as follows:
INDEFINITE DELIVERY PURCHASE ORDER (IDPO) AGREEMENT (MAR 1999) - DLAD
(a) The prospective contractor _____ agrees _____ does not agree that, if an order is placed for the solicited quantity, the Government may place additional orders for the item(s) covered by this Request for Quotations, at the same price quoted for the solicited quantity, for any order issued, within a quantity range of _____ to _____ units, within (insert time period) from the date of that purchase order, under the same terms and conditions as that purchase order. Such orders will be issued no more frequently than _____ times per quarter. The aggregate total dollar value of orders issued shall not exceed the simplified acquisition threshold or $5,000,000 for acquisitions conducted under FAR Subpart 13.5. In no event shall the Government be obligated to place subsequent orders under this agreement. The initial purchase order will contain the terms and conditions of this agreement, including this provision, and subsequent orders will cite the initial purchase order number. The contractor agrees to advise the contracting officer in writing at any point in time it determines that it cannot accept subsequent orders under this agreement.
(b) Numbering. The uniform procurement instrument identification numbering (PIIN) system will be used. The initial purchase order and subsequent orders will be distinguished by a "D" in the ninth position and a "5" in the tenth position of the PIIN. The initial purchase order will be numbered with sub-PIIN 0001. Subsequent orders will be serially numbered with sub-PIIN numbers 0002 through 9999.
(Note: Failure to agree to this provision will not affect an award decision for the solicited quantity.)
(End of provision)
52.213-9003 Indefinite Delivery Purchase Order (IDPO) Contract.
As prescribed in 13.390-5(b)(2)(i), insert a clause in solicitations substantially as follows:
INDEFINITE DELIVERY PURCHASE ORDER (IDPO) CONTRACT (MAR 1999) - DLAD
(a) The contractor _____ agrees _____ does not agree that performance under this purchase order, by furnishing the supplies specified in this purchase order (the minimum quantity), commits the contractor to provide the same supplies, in the quantity range and under the conditions specified herein. The Government may place such additional orders for the supplies specified in this purchase order at the purchase order price within a quantity range of _____ to _____ units, within (insert time period) from the date of the purchase order, under the same terms and conditions as the purchase order. Such orders will be issued no more frequently than_______times per quarter. The aggregate total dollar value of orders issued shall not exceed the simplified acquisition threshold or $5,000,000 for acquisitions conducted under FAR subpart 13.5. In no event shall the Government be obligated to place subsequent orders under this contract. The purchase order contains the terms and conditions of this contract and subsequent orders will cite the purchase order number.
(b) Numbering. The uniform procurement instrument identification numbering (PIIN) system will be used. The purchase order and subsequent orders will be distinguished by a "D" in the ninth position, and a "5" in the tenth position of the PIIN. The initial purchase order will be numbered with sub-PIIN number 0001. Subsequent orders will be serially numbered with sub-PIIN numbers 0002 through 9999.
(Note: Failure to agree to this clause _____ will _____ will not affect an award decision for the solicited quantity.)
(End of clause)
52.213-9004 Offeror representations, certifications, and fill-in information--electronic commerce.
As prescribed in 13.101(b)(2)(90), insert the following provision in all solicitations below the simplified acquisition threshold issued using electronic means, except for those accomplished through the PD2 and Event Manager components of Business Systems Modernization.
OFFEROR REPRESENTATIONS, CERTIFICATIONS, AND FILL-IN INFORMATION-- ELECTRONIC COMMERCE
(Jul 2004) -- DLAD
(a) Offerors are required to provide the following socioeconomic and other data in a coded, rather than a fill-in, format. This provision consolidates, to the maximum extent practicable, most of the applicable representations and certifications (other than those provided on an annual basis) and fill-in portions of clauses and provisions from the Federal Acquisition Regulation (FAR), the Defense FAR Supplement (DFARS), and the DLA Acquisition Directive (DLAD).
(b) This provision constitutes a recordation of the representations, certifications, and other data requirements contained in the individual provisions incorporated herein by reference via the citation(s) at each numbered paragraph. It is not intended to supersede those provisions, except that the requirement for marking certain boxes or otherwise entering information individually into these cited provisions is hereby replaced by the requirement to complete this provision 52.213-9004. The offeror is reminded that all provisions incorporated herein by reference remain binding in their entirety. Any penalties for misrepresentation contained in the referenced provisions (e.g., penalties for misrepresentation of business status under FAR 52.219-1, paragraph (d)(2)) still apply. Furthermore, additional information required by the individual provisions to be provided "at the time of" or "with" the offer must be transmitted elsewhere in your response or sent/faxed under separate cover (as appropriate) concurrently with your transmitting this transaction to the Government.
(c) The offeror may electronically access the full text of each referenced provision at, or through links provided at: http://www.dla.mil/j-3/j-336/icps.htm . The offeror may also request that the contracting officer provide the hard-copy full text of any DLAD or local provision(s) referenced below.
(d) The following provision segments, identified, where necessary, to a specific line item number(s), shall be completed by the offeror.
01. FAR 52.204-3, Taxpayer Identification [also, FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (paragraph (b)), when used for commercial items].
01A Enter one of the following: TIN (without dashes); or the appropriate code from the list below; or state other basis why TIN is not required._______________________________________.
BA = TIN has been applied for.
TIN is not required because:
FO = Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S., and does not have an office or place of business or a fiscal paying agent in the U.S.
FG = Offeror is an agency or instrumentality of a foreign government.
GT = Offeror is an agency or instrumentality of the Federal government.
01B Select one code from the following list that identifies the offeror's type of organization. If other than those listed, provide identification: ____________________.
PM = Corporate entity (not tax-exempt).
OE = Corporate entity (tax-exempt).
SP = Sole proprietorship.
PA = Partnership.
GE = Government entity (Federal, State, or local).
FG = Foreign government.
WE = International organization per 26 CFR 1.6049-4.
01C If offeror is owned or controlled by a common parent, enter Common Parent Name. (Enter "NA" if not applicable.) .
01D If offeror is owned or controlled by a common parent, enter Common Parent TIN (without dashes). (Enter "NA" if not applicable.) .
02. FAR 52.209-1, Qualification Requirements. (Applies only to an acquisition subject to a qualification requirement. When qualification applies, 02A and at least one of the items from 02B through 02F must contain an entry other than "NA.")
02A Enter the individual line item number for which qualification information is applicable. Enter "ALL" if, and only if, the responses to 02B through 02F are the same for all line items in your offer. Enter "NA" if the solicitation does not contain a qualification requirement. (NOTE: If information is being provided for individual line item numbers, segments 02A through 02F should be repeated as many times as necessary)_____________________.
02B Enter Manufacturer's Name or CAGE code. (Enter "NA" if clause not applicable.)
____________________________________________________________.
02C Enter Source Name or CAGE code. (Enter "NA" if clause not applicable.) ____________________________________________________________.
02D Enter Item Name. (Enter "NA," if clause not applicable.)
________________________________________________________. .
02E Enter Service Identification. (Enter “NA” if clause not applicable, or “NK” if service identification is not known).
____________________________________________________________.
02F Enter Test Number. (Enter "NA" if clause not applicable, or "NK" if test number is not known.)
_____________________________________________________________.
03. FAR 52.211-5, Material Requirements.
03A Enter the individual line item number for which the offeror proposes to furnish "other than new" (used) material; or reconditioned/remanufactured material; or unused former Government Surplus property. Enter "ALL" if, and only if, the response to 03B is the same for all line items in your offer. Enter "NA" here and in 03B if the provision is not applicable. (NOTE: If information is being provided for individual line item numbers, segments 03A and 03B should be repeated as many times as necessary.)
______________________________________________________________.
03B Select one of the following codes to describe the material the offeror intends to furnish:___________. If any code other than "NA" is entered, the offeror shall provide a list under separate cover describing such material in accordance with paragraphs (c) or (d) of the cited clause.
ON = Other than new (used)
RI = Reconditioned/Remanufactured Item
SU = New, Unused Government Surplus (If surplus material is offered, offeror must also complete the representation in clause 52.211-9000, Government Surplus Material (Apr 2002).
NA = Not applicable
04. FAR 52.219-1, Small Business Program Representations/Type of Business
04a The offeror certifies as part of his offer that it is a _______________ business type. (Select only one code from the list below.)
B = Small Business Concern (Use this code if your firm is a small business concern, as defined in FAR 52.219-1, paragraph (c), and no other code below applies.)
C = Nonprofit Institution. (Use this code if you are a business entity organized and operated exclusively for charitable or scientific purposes, and you are exempt from Federal income taxation under Section 501 of the Internal Revenue Code, as described in FAR 31.701.)
E = Educational Institution. (Use this code if you are an institution of higher education (i.e., college or university) other than a historically black college or university or minority institution.)
F = Historically Black College or University (HBCU). (Use this code if you are a historically black college or university, as defined in FAR 2.101.)
G = JWOD Participating Nonprofit Agency. (Use this code if you are a nonprofit agency-serving people who are blind, or those with other severe disabilities, as defined in FAR 8.701.)
P = Minority Institution. (Use this code if you are a minority institution, other than a historically black college or university, as defined in FAR 2.101.)
X = Intragovernmental. (Use this code if you are a Federal Agency, Government corporation, or other Government agency, such as Federal Prison Industries (UNICOR).)
M = Small Disadvantaged Business Concern (Use this code if your firm is a small disadvantaged business concern, as defined in FAR 52.219-1(b)(2)).
W = Woman-owned Small Business Concern (Use this code if your firm is a woman-owned small business concern, as defined in FAR 52.219-1, paragraph (c).)
T = Veteran-Owned Small Business Concern (Use this code if your firm is a veteran-owned small business concern, as defined in FAR 52.219-1, paragraph (c), and code R does not apply.)
R = Service-Disabled Veteran-Owned Small Business Concern (Use this code if your firm is a service-disabled veteran-owned small business concern, as defined in FAR 52.219-1, paragraph (c).)
U = Woman-Owned Small Disadvantaged Business Concern (Use this code if your
firm is a both a woman-owned small business and a small disadvantaged business.) See citations for definitions at codes M and W, above.
K = Small Disadvantaged, Service-Disabled Veteran-Owned Small Business Concern (Use this code if your firm is both a small disadvantaged business and a service-disabled veteran-owned small business.) See citations for definitions at codes M and R, above.
L = Small Disadvantaged, Other Veteran-Owned Small Business Concern (Use this code if your firm is both a small disadvantaged business and a veteran-owned small business (but not a service-disabled veteran-owned small business).) See citations for definitions at codes M and T, above.
N = Woman-Owned, Service-Disabled Veteran-Owned Small Business Concern (Use this code if your firm is both a woman-owned small business and a service-disabled veteran-owned small business.) See citations for definitions at codes W and R, above.
V = Woman-Owned, Other Veteran-Owned Small Business Concern (Use this code if your firm is both a woman-owned small business and a veteran-owned small business (but not a service-disabled veteran-owned small business).) See citations for definitions at codes W and T, above.
Y = Woman-Owned, Small Disadvantaged, Service-Disabled Veteran-Owned Small Business Concern (Use this code if your firm is a woman-owned small business, a small disadvantaged business, and a service-disabled veteran-owned small business.) See citations for definitions at codes W, M, and R, above.
Z = Woman-Owned, Small Disadvantaged, Other Veteran-Owned Small Business Concern (Use this code if your firm is a woman-owned small business, a small disadvantaged business, and a veteran-owned small business (but not a service-disabled veteran-owned small business).) See citations for definitions at codes W, M, and T, above.
A = Large Business (Use this code if your firm is not included in any of
the above categories.)
04B HUBZone Small Business Concern. Enter “Y” to represent that your firm is a HUBZone small business concern whose name appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and as described in paragraph (c) of FAR 52.219-3 (Notice of Total HUBZone Set-Aside). Otherwise, enter “N.” _________________.
04C The offeror makes the following representation regarding its joint venture status:___________. If any code other than "NA" is entered, the offeror shall provide under separate cover a list of the names of participating HUBZone small business concerns.
JV = “Y” is entered in 04B, the offeror is a joint venture that complies with the requirements of 13 CFR Part 126, and the offeror’s representation provided by entry of the “Y” in 04B is accurate for the HUBZone small business concern(s) participating in the joint venture. [Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.]
JN = “Y” is entered in 04B, but the offeror is not a joint venture within the requirements of 13 CFR Part 126.
NA = Not applicable. (Use this code if “N” has been entered in 04B.)
04D If 04A, above, contains a code other than “M,” “U,” “K,” “L,” “Y,” or “Z,” insert “NA” on the blank line. If 04A contains any of these codes, the offeror shall identify the category on which its small disadvantaged business status is based:________. (Applies to offers exceeding $25,000.)
BA = Black American.
HA = Hispanic American.
AI = Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
AP = Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
SC = Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
SD = Small disadvantaged individual/concern, based on other than one of the preceding.
NA = Not applicable (04A contains a “B,” “W,” “T,” “R,”, “N,” or “V”).
05. FAR 52.222-22, Previous Contracts and Compliance Reports (Applies to offers exceeding $10,000 when FAR 52.222-26 applies.)
05A (Completion of segment 05A also serves as the offeror's representation that it will obtain, prior to subcontract awards, representations signed by proposed subcontractors indicating submission of required compliance reports.) Select one code from the following list that identifies the offeror's submission of required compliance reports:________________.
Y4 = Has participated in a previous contract subject to applicable Equal
Opportunity coverage, and filed all required compliance reports.
Y5 = Has participated in a previous contract subject to applicable Equal
Opportunity coverage, and has not filed all required compliance
reports.
N4 = Has not participated in a previous contract requiring compliance
reports.
NA = Not applicable.
06. FAR 52.222-25, Affirmative Action Compliance. (Applies to offers exceeding $10,000 when FAR 52.222-26 applies.)
06A The offeror represents as part of its offer that (select one code from the following list):______________.
Y6 = The offeror has developed and has on file required affirmative action programs.
N6 = The offeror has not developed and does not have on file required affirmative action programs.
NH = The offeror has not had previous contracts subject to the written affirmative action program requirements.
NA = Not applicable.
07. FAR 52.223-3, Hazardous Material Identification and Material Safety Data; DFARS 252.223-7001, Hazard Warning Labels; DLAD 52.223-9000, Material Safety Data Sheets and Hazard Warning Labels. (Completion of segment 07 serves as the offeror's representation that it will submit for each item as required prior to award, a Material Safety Data Sheet (MSDS) prepared in accordance with paragraph (a)(2) of the cited DLAD clause and a copy of the Hazard Warning Label, in accordance with referenced Hazard Communication Standard, Federal Standard, and any other requirement contained in the cited clauses.)
07A Enter the individual line item number for which the labeling/MSDS requirements described above apply. Enter "ALL" if, and only if, the response to 07B is the same for all line items in your offer. Enter "NA" if the provisions are not applicable. (NOTE: If information is being provided for individual line item numbers, segments 07A and 07B should be repeated as many times as necessary.) _________________________________.
07B Select the code that indicates whether hazardous material(s) will be supplied:_____________. If code Y7 is entered, in addition to the MSDS(s) and Hazard Warning Label(s), the offeror must provide under separate cover a list, in accordance with paragraph (b) of the cited FAR clause, of hazardous materials intended to be furnished. Also on that list, the offeror shall indicate the statute in accordance with which each such hazardous material will be labeled. (See paragraph (c) of the cited DFARS clause.)
Y7 = The offeror proposes to furnish hazardous material.
N7 = Hazardous material will not be furnished.
08. DFARS 252.225-7000, Buy American Act - Balance of Payments Program Certificate (applies only if the contract amount is expected to exceed $2,500 and DFARS 252.225-7001 is included in the solicitation); and DFARS 252.225-7035, Buy American Act - North American Free Trade Agreement Implementation Act - Balance of Payments Program Certificate. (Applies only if the contract amount is expected to exceed $25,000 and DFARS 252.225-7036 or its Alternate I is included in the solicitation.) [Either or both of these clauses may serve as the basis for this requirement.]
08A Select one of the following: .
Y8 = The offeror certifies that each end product is a domestic end product, and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
N8 = The offeror certifies that not all end products are domestic end products, and further certifies the identification of every non-domestic end product and its country of origin as provided in paragraphs 09 and 10, below.
NA= Not applicable.
09. DFARS 252.225-7000, Buy American Act - Balance of Payments Program Certificate. (Applies only if the contract amount is expected to exceed $2,500 and DFARS 252.225-7001 is included in the solicitation.)
09A Enter the individual line item number of any end product that is not a domestic end product. Enter "ALL" if, and only if, the responses to 09B and 09C are the same for all line items in your offer. Enter "NA" if the response to 08A is coded "Y8," or if the provision is not applicable. (NOTE: If information is being provided for individual line item numbers, segments 09A through 09C should be repeated as many times as necessary.)
09B The offeror certifies that the end product identified in 09A, above, is a (select one code from the list below): .
QE = Qualifying Country End Product.
NQ = Non-qualifying Country End Product.
NA = Not applicable. (Insert "NA" if the response to 09A is coded "NA," or
if the provision is otherwise inapplicable.)
09C The offeror certifies that the country of origin of the end product identified in 09A, above, is as follows. (Select one of the codes below for a Qualifying Country end product; enter the name of a nonqualifying country; otherwise, enter "NA" if the response to 09A is coded "NA," or if the provision is otherwise inapplicable.)______________________.
AS = Australia NL = Netherlands
BE = Belgium NO = Norway
CA = Canada PO = Portugal
DA = Denmark SP = Spain
EG = Egypt TU = Turkey
GE = Federal Republic Germany UK = United Kingdom of Great
FR = France Britain and Northern Ireland
GR = Greece AU = Austria
IS = Israel FI = Finland
IT = Italy SW = Sweden
LU = Luxembourg SZ = Switzerland
10. DFARS 252.225-7035, Buy American Act - Free Trade Agreements - Balance of Payments Program Certificate. (Applies only if the contract amount is expected to exceed $25,000 and DFARS 252.225-7036 or its Alternate I is included in the solicitation.)
10B The offeror certifies that the end product identified in 10A, above, is a (select one code from the list below):
QE = Is a qualifying Country (except Canada) End Product.
NE = Is a Free Trade Agreement Country End Product (applies to acquisitions from Canada for $25,000 or more; and from Mexico, Chile, and Singapore for $58,550 or more).
NN = Is an other Non-Free Trade Country End Product.
NA = Not applicable (Insert "NA" if the response to 10A is coded "NA," or if the provision is otherwise inapplicable.)
10C The offeror certifies that the country of origin of the end product identified in 10A, above, is as follows. (Select one of the codes below for a Qualifying Country, U.S.-made, or Free Trade end product; enter the name of a nonqualifying country; otherwise, enter "NA" if the response to 10A is coded "NA," or if the provision is otherwise inapplicable.)
________________________.
AS = Australia NL = Netherlands
BE = Belgium NO = Norway
CA = Canada PO = Portugal
CH = Chile SI = Singapore
DA = Denmark SP = Spain
EG = Egypt TU = Turkey
GE = Federal Republic Germany UK = United Kingdom
FR = France of Britain and
GR = Greece Northern Ireland
IS = Israel AU = Austria
IT = Italy FI = Finland
LU = Luxembourg SW =Sweden
MX = Mexico SZ = Switzerland
11. DLAD 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items. (In addition to providing the information required in 12A, 12B, 12C, 13A, 13B, 13C, 13D, and 13E, below, the offeror shall provide the manufacturer's name and part number in the appropriate segment of this transaction. “Exact product,” “alternate product,” “superceding part number” and “previously-approved product” are defined in 52.217-9002.)
11A Enter the individual line item number for which the offeror intends to provide the exact product (including manufacturer's name, cage code and part number) referred to in the acquisition identification description (AID) of this solicitation. Enter "ALL" if the exact product(s) as specified in the solicitation will be provided for all line items in your offer. Enter "NONE" if only alternate products to the products referred to in the AID of this solicitation will be provided for all line items. Enter "NA" if the solicitation does not pertain to part-numbered items. (NOTE: If information is being provided for individual line item numbers, segments 12A, 12B and 12C should be repeated as many times as necessary.)___________________________.
11B If 11A contains an entry other than “None” or “NA”, enter the CAGE Code which pertains to the exact AID part number being offered. Enter “NA” if the solicitation does not pertain to part-numbered items. Enter “None” if an alternate product to the product referred to in the AID of this solicitation is being offered.__________________________
11C If 11A contains an entry other than “None” or “NA”, enter the exact AID part number which pertains to the item being offered. Enter “NA” if the solicitation does not pertain to part-numbered items. Enter “None” if an alternate product to the product referred to in the AID of this solicitation is being offered.____________________________.
12. DLAD 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items. (See instructions in parentheses at 11. above.)
12A Enter the individual line item number for which the offeror intends to provide an alternate product to the product referred to in the AID of this solicitation. Enter "ALL" if alternate products to the product referred to in the AID will be provided for all line items in your offer. Enter "NONE" if only the exact product(s) will be provided for all line items. Enter "NA" if the solicitation does not pertain to part-numbered items. (NOTE: If information is being provided for individual line item numbers, segments 13A through 13E should be repeated as many times as necessary.) __________________.
12B If 12A contains an entry other than "NONE" or “NA", and if the alternate product specified has been previously furnished to the Government or otherwise evaluated and approved, enter the contract or solicitation number under which it was furnished or approved. If the alternate product has been previously approved outside of a solicitation/contract process, enter the name of the approving authority. Enter "NF" if the alternate product has not previously been furnished and approved. Enter “NONE” if the exact product is being offered. Enter "NA" if the solicitation does not pertain to part-numbered items. ___________________.
12C If 12A contains an entry other than "NONE" or "NA," enter the CAGE code which pertains to the part number being offered. Enter “NONE” if the exact product is being offered. Enter "NA" if the solicitation does not pertain to part-numbered items. _________________________.
12D If 12A contains an entry other than “NONE” or “NA”, enter the part number which pertains to the item being offered. Enter “NONE” if the exact product is being offered. Enter “NA” if the solicitation does not pertain to part-numbered items. __________________________.
12E If 12A contains an entry other than “NONE” or “NA”, enter “AB” if you are offering an alternate product that has not been previously approved (this includes a previously reverse-engineered product that is not currently cited in the AID), “PA” if this is a previously approved alternate product, or “SN” if this is a part number that supersedes the part number cited in the AID of the solicitation. Enter “NONE” if the exact product is being offered. Enter “NA” if the solicitation does not pertain to part-numbered items ____________________.
NOTE: For each alternate product to the product referred to in the AID of this solicitation, the offeror must furnish the drawings, specifications, and other data required by 52.217-9002. In addition, for items that have previously been reverse-engineered but are not currently cited in the AID, the offeror must provide with this offer the data package and other requirements established in paragraph (c)(2) of 52.217-9002.
13. DLAD 52.233-9001, Disputes: Agreement to Use Alternative Disputes Resolution (ADR).
13A. Select one of the following codes to indicate the offeror’s position regarding the acceptability of this ADR clause:_________(enter code here).
A = The offeror accepts the clause
B = The offeror opts out of this clause and does not desire to negotiate alternate wording
14. FAR 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.
14A. Select one of the following codes to indicate the offeror’s furnishing of any end product listed at http://www.dol.gov/ilab/regs/eo13126/main.htm :_____.
“Y15” The offeror will not supply any end product from the list provided above, that was mined, produced, or manufactured in a corresponding country as listed for that end product.
“M15” The offeror may supply an end product from the list provided above. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(End of provision)
(End of Provision)
(End of Provision)
52.213-9007 DLA Internet Bid Board System (DIBBS) Quoting Information for BSM Automated Solicitations (APRIL 2006) - DLAD
(a) AUTOMATED SOLICITATIONS ON DIBBS: This provision applies to all BSM automated solicitations valued at or below $100,000, Requests for Quotations (RFQs), that are posted on DLA Internet Bid Board System (DIBBS). These automated solicitations are identified by “SPM” in the first three positions of a solicitation number, and “T” or “U” in the ninth position of the solicitation number.
(b) SUBMISSION OF AUTOMATED QUOTES: Automated quotes must be submitted electronically on DIBBS at https://www.dibbs.bsm.dla.mil or via electronic data interchange (EDI) prior to the solicitation return date and time for all Requests for Quotations (RFQs) posted on DIBBS. Quotes received by other electronic means, even though within the FAR definition of “electronic commerce” or “electronic and information technology”, such as facsimile (fax) or electronic mail (email), will not be considered for award. Quotes received by U.S. Mail will not be considered for award.
(c) RETURN DATE AND TIME: The time for receipt of quotes is 3:00 P.M. Eastern Standard Time, or when applicable, Eastern Daylight Savings Time on the return date. All return date/times are synchronized to the U.S. Naval Observatory Clock. If a return date falls on a Saturday, Sunday or federal holiday, the return date will be extended to the next business day. The direct entry of quote information into the DIBBS website is a method that precludes transmission delays, and will ensure the quote is evaluated. Quote submission using EDI/DIBBS is subject to electronic interface latency which can result in transmission delays. Offerors must consider transmission delays in the EDI/DIBBS system when submitting quotes for consideration, and assume the risk of late transmission/submission.
RETURN DATE AND TIME AUCTION: The solicitation return date/time is a firm closing date/time for auctions. Late quotes will not be considered for award.
RETURN DATE AND TIME NON-AUCTION: Awards will not be made prior to the solicitation return date/time unless it is a FAST PACE or there is a documented urgency. At the return date/time all quotes received will be evaluated, therefore, all quotes over “the micropurchase threshold” should be submitted by the return date/time specified in the solicitation. Fast PACE solicitations, which are those solicitations estimated to be less than “the micropurchase threshold”, may be awarded prior to the solicitation return date/time when they are not auction solicitations.
PACE may extend the solicitation return date for three business days when prices from qualified quotes cannot be determined reasonable. Notice of the extension will be provided by email to all vendors in the competitive range (bids without exception) inviting them to revise their quotes. The notice will be sent to the email address registered on DIBBS for the person that submitted the quote. If a third party submitted the quote, the notice will be sent to the email addresses of the third party and the superuser for the CAGE on whose behalf the quote is being submitted. Vendors are responsible for the accuracy of email addresses in DIBBS and should ensure that they are correct. Vendors that have submitted their best quoted price will not need to resubmit their quote.
(d) HOW INTERRUPTIONS AFFECT RETURN TIME AND DATE: If an emergency or unanticipated event interrupts DIBBS processes so that quotes cannot be submitted on DIBBS at the close of a solicitation, the return date/time will be extended to the same time of day on the next business day on which DIBBS processes resume. Notice of the extension will be provided on the DIBBS home page. A vendor’s inability to submit a quote caused by failure of a vendor’s hardware, software, Internet Service Provider, or the World Wide Web itself, is not cause for extension of a solicitation.
(e) LATE QUOTES: Quotes received after the return date/time for auction solicitations will not be considered.
Quotes received after the return date/time for non-auction solicitations may continue to run through the automated evaluation process until the evaluation process has begun. Once the evaluation process has begun, late quotes will only be considered if the contracting officer determines that it is in the best interest of the Government and that considering the late quote would not unduly delay the award. See the provision at 52.213-9008 entitled Procurement Automated Contract Evaluation for information related to the automated evaluation process.
(f) QUOTE REVISIONS: Quotes may be revised on DIBBS up until the time the solicitation is awarded or cancelled by resubmitting a new quote. Quote revisions will overlay previously submitted quotes on the same solicitation in the Government database.
(g) QUOTE WITHDRAWAL: Quotes may be withdrawn on DIBBS up until the time the solicitation is awarded or cancelled by resubmitting a new quote and selecting a bid type of “no bid.” Quote withdrawal will overlay previously submitted quotes on the same solicitation in the Government database.
(h) SET-ASIDE SOLICITATIONS: Solicitations with an estimated dollar value exceeding “the micropurchase threshold” but not over $100,000 are set-aside for small business when cited in the solicitation. When a solicitation is set-aside, only small business quotes that comply with the non-manufacturer rule will be considered. See FAR 19.502(c) for an explanation of this rule.
(i) FAST PACE SOLICITATIONS: A Fast PACE icon on the DIBBS “search results” screen identifies Fast PACE solicitations. These solicitations, estimated to be less than “the micropurchase threshold”, are not set-aside for small businesses. The solicitations may be awarded prior to the solicitation return date/time when they are not auction solicitations. Commencing at 3:00 P.M., 3 business days after the issue date, and continuing every day thereafter at 3:00 P.M. until the return date, all quotes “the micropurchase threshold” or less will be evaluated by DLA’s Procurement Automated Contract evaluation (PACE) program for an early award.
DISCLAIMER: The Fast PACE icon is used to indicate a “T” or “U” solicitation with an estimated dollar value of “the micropurchase threshold” or less, not the potential quoted value. Quotes valued less than “the micropurchase threshold” that are submitted in response to solicitations that have an estimated value greater than “the micropurchase threshold”, may result in an early award as a result of being evaluated as a Fast PACE quote, even if not originally designated as such.
(j) AUCTION SOLICITATIONS: Auction solicitations are identifiable by a statement on the solicitation and by a gavel icon appearing on the DIBBS dynamic RFQ search results, the Internet quote form, and the batch quote download file. Prices and other factors that could affect price evaluation (inspection and acceptance point, surplus, Buy American) are publicly displayed for all qualified quotes (bids without exception). (Note: large business quotes above “the micropurchase threshold” are not displayed on auction solicitations set-aside for small business, and any quote above $100,000 will not be displayed). Bidders remain anonymous and have the opportunity to lower their quotes up until the auction closes (the return date/time) in the hope of receiving the award. Awards of auction solicitations will not be made prior to the solicitation return date/time without a documented urgency. At the return date/time, all quotes will be evaluated, therefore all quotes for auction solicitations must be submitted by the return date/time specified in the solicitation. DIBBS quotes received after the return date/ time specified in the auction solicitation will not be considered for award.
As prescribed in DLAD 13.106-2(b) (92), insert the following provision in all BSM automated solicitations valued at or below $100,000:
Procurement Automated Contract Evaluation (PACE) Information (JAN 06) - DLAD
(a) PACE EVALUATION: Acquisitions are candidates for automated award under DLA's Procurement Automated Contract Evaluation (PACE) program, when the solicitation states that the PACE program applies. The program uses price logic and other automated filters to make fully automated and buyer assisted automated awards valued at $100,000 or less. A purchase order with a “V” in the ninth position denotes an order issued under PACE. PACE only considers “qualified quotes” for award. Qualified quotes are in exact compliance with the solicitation requirements (bid type equal to “bid without exception”), and are submitted on the DLA Internet Bid Board System (DIBBS). Refer to provision 52.213-9007 for information related to DIBBS.
(1) The following are not, by themselves, considered exceptions to the solicitation requirements and will not make a quote ineligible** for an award:
(i) Quoting delivery days different than the required delivery days;
(ii) **Quoting origin inspection on solicitations requiring destination Inspection;
(iii) Quoting a superseding or previously approved part or correction to a CAGE/part number cited in the acquisition identification description (AID) on an item described by manufacturer’s CAGE and part number;
(iv) Quoting a used, reconditioned, remanufactured item;
(v) Quoting other than a domestic end product on an unrestricted solicitation;
(vi) Quoting a hazardous item;
(vii) Quoting a new/unused Government surplus item; and
(viii) Quoting “Other” when the solicitation states a Higher Level Quality requirement is required
** NOTE: The Department of Defense is implementing a policy that limits government source inspections, and permits government source inspection for specific instances. Vendors should submit quotes based on the requirements stated in the solicitation. If a vendor’s quote does not comply with the requirements stated in the solicitation, evaluation factors will be applied. See paragraph (b)(1) below. Additionally, should a quote citing origin inspection for a solicitation requiring destination inspection be evaluated manually, the quote may become ineligible for award.
(2) The following are considered exceptions to the solicitation requirements and will make a quote ineligible for an
automated PACE award:
(i) Quoting an alternate product or otherwise taking exception to the solicitation’s item description;
(ii) Exceptions to Packaging requirements;
(iii) Exceptions to FOB terms;
(iv) Quoting destination inspection on a solicitation requiring origin inspection;
(v) Exceptions to required quantity;
(vi) Quoting a quantity variance greater than what is specified on the solicitation;
(vii)Quoting “None” when a Higher Level Quality Requirement is required; and
(viii) Quoting the use of Child Labor
(b) PACE EVALUATION FACTORS: PACE evaluates all qualified quotes on the basis of price alone and does not consider quantity price breaks. Price evaluation factors are added to the total quoted price in the following instances:
(1) $250 for quoting origin inspection when the Government’s requirement is for destination inspection (see DLAD 52.213-9001; factor does not apply to FMS and DVD (Direct Vendor Delivery) requirements if any qualified quote is above $25,000);
(2) $200 for quoting surplus material on non-critical items; $700 for quoting surplus material on critical items. When an automated quote of surplus material is in line for award after applying the above evaluation factors, a manual evaluation will be conducted in accordance with the more detailed evaluation criteria in DLAD 52.211-9003.;and
(3) The Buy American Act (BAA) places restrictions on the purchase of supplies that are not domestic end products. Refer to DFARS 252.225-7036.
(c) TIE QUOTES: If evaluated offers results in a tie between qualified quotes, the award decision will be based on the following order of precedence:
(1) A domestic end product offer over a non-qualifying country end product offer;
(2) Small business offer over a large business offer;
(3) Offer with the shortest delivery (If a quote contains different deliveries for multiple line items the automated evaluation program uses the average of the delivery periods); and
(4) First quote submitted.
(d) MANUAL EVALUATION: If the solicitation did not state that it was a candidate for PACE evaluation, or if the solicitation stated that it was a candidate for PACE evaluation but PACE is unable to make price reasonableness or contractor responsibility determinations, the solicitation and quote will be evaluated and awarded manually. When a quote is manually evaluated the contracting officer may consider quantity price breaks offered without further solicitation or discussion.
(e) MANUAL EVALUATION FACTORS: If the requirement is evaluated manually, price, delivery, and past performance will be considered in accordance with the terms in the solicitation. Delivery will be considered consistent with DLAD 52.211-9011.
(f) ALTERNATE OFFERS: Alternate offers will not be considered for automated award. Alternate offers may be submitted for evaluation for future procurements to the location identified in DLAD Clause 52.217-9002.
(g) NOTICE OF AWARD: The Government’s offer to purchase, as evidenced by an order, is made on the basis of a submitted quotation. Vendors are requested to notify the administrative contracting officer, within 14 days after receiving the notice of award, when they will not perform in accordance with an order. Failure to provide prompt notice will adversely affect your past performance evaluation if this order is later cancelled at other than the Government’s request.
(h) PACE Distribution: The PACE award will be posted to the DLA DIBBS web site and distributed via email notification with a Web link to an electronic copy of the DD Form 1155, Order for Supplies or Services. Orders will be transmitted via DPACS Electronic Data Interchange (EDI) to contractors who are DPACS EDI capable. Contractors that are not DPACS EDI capable will receive their orders via email award notification containing Web links. Delays in the receipt of awards that are caused by email interruptions and Internet access are not excusable delays and will not extend delivery schedules.
(End of Provision)
52.213-9009 Fast Payment Procedure.
As prescribed in 13.404 (90), insert the following clause:
FAST PAYMENT PROCEDURE (AUG 2005) – DLAD
When the contract or order includes FAR 52.213-1, Fast Payment Procedure, the following terms and conditions are included.
a. The following statement shall appear on the consignee’s copy of the invoice or packing slip:
CONSIGNEE’S NOTIFICATION TO PURCHASING ACTIVITY OF NONRECEIPT, DAMAGE, OR NONCONFORMANCE The consignee shall notify the purchasing office promptly after the specified date of delivery of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Unless extenuating circumstances exist, the notification should be made not later than 60 days after the specified date of delivery. |
b. FOB terms are in accordance with FAR 52.213-1. Invoices shall be submitted directly to the finance office designated elsewhere in this order or in the basic contract, or in the case of unpriced purchase orders, to the contracting officer. For f.o.b. Origin shipments, transportation or postage shall be prepaid and added to the invoice as a separate line item.
(End of clause)
52.214-9001 Schedule--firm fixed price & fixed price with economic price adjustment.
As prescribed in 14.201-2(b)(90) and 15.204-2(b)(90), insert the following or similar provision:
SCHEDULE - FIRM FIXED PRICE & FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT (JULY 1996) - DLAD
For the following items, the base unit price (before any economic price adjustment (EPA)), is comprised of two portions:
(1) a portion subject to adjustment under the EPA clause of this contract, plus
(2) the (remaining) firm fixed price portion (for which separate pricing is permitted for option periods) pursuant to the clause of this contract entitled, "OPTION TO EXTEND THE TERM OF THE CONTRACT - SEPARATE FIRM FIXED PRICE & FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT PORTIONS".
Clin ______
Firm fixed priced portion $_________
Portion subject to EPA +_________
Total base period unit price (sum of two) $_________
[Note]
(End of provision)
[Note: When circumstances warrant, e.g., a substantial number of items is involved, the contracting officer may elect to repeat this clin price buildup in the schedule to incorporate the firm fixed price portion of each option period price, in lieu of adding the table to paragraph (c)(2) of the clause at 52.217-9001 to record this information].
As prescribed in 14.201-5(c)(90) and 15.204-5(c)(90), a provision substantially as follows may be inserted:
TRADE DISCOUNTS (JUN 1983) - DLAD
Trade discounts offered will be considered in evaluating offers for award. Offerors who desire to do so may quote customary terms of discount for prompt payment in addition to any trade or special discount available to the Government, provided such discounts are stated separately in their offers. Unless such trade or special discounts offered are separately stated, the offeror agrees that, when the discount offered exceeds 2 percent, the entire discount will be considered as a trade or special discount which will not be treated as a discount for prompt payment and will be considered in evaluating offers for award.
(End of provision)
52.214-9003 Right to apply f.o.b. origin offer.
As prescribed in 14.201-5(c)(91), a provision substantially the same as follows may be inserted in invitations for bids:
RIGHT TO APPLY F.O.B. ORIGIN OFFER (OCT 1982) - DLAD
Unless otherwise specified by the bidder, the Government may apply an f.o.b. origin offer against any f.o.b. origin item or subitem for the same product or supplies.
(End of provision)
52.214-9004 Subcontracting to other industrial preparedness planned producers.
As prescribed in 14.201-3(90) and 15.204-3, insert the following clause:
SUBCONTRACTING TO OTHER INDUSTRIAL PREPAREDNESS PLANNED
PRODUCERS (APR 1985) - DLAD
(a) This contract is being awarded under the authority of FAR 6.302-3 (10 U.S.C. 2304(c)(3)) for the purpose of maintaining vital facilities or suppliers in business or making them available in the event of a national emergency. Accordingly, competition is being limited for the current acquisition to those offerors with whom industrial preparedness agreements exist, or who agree to enter into industrial preparedness agreements under the Department of Defense Industrial Preparedness Program.
(b) The contractor agrees that it will not subcontract manufacturing of the deliverable end product under this contract to other firms which themselves are industrial preparedness producers for the end product. This does not preclude subcontracting for components for which subcontractors have entered into separate industrial preparedness agreements with the Department of Defense.
(End of clause)
52.215-9001 Evaluation factor for preaward survey.
As prescribed in 13.106-90(b), 14.201-8(a)(91), and 15.304(c)(95), insert the following provision:
EVALUATION FACTOR FOR PREAWARD SURVEY (MARCH 1994) - DLAD
(a) Although a majority of awards are made without the necessity of conducting a preaward survey (PAS) of the proposed awardee, such a survey may be required to be conducted of those offerors listed in (1) through (5) below as follows. Firms or individuals that have:
(1) Been listed on the GSA List of Parties Excluded from Federal Procurement Programs within the past * from the date of solicitation opening or closing; or
(2) Undergone reorganization under bankruptcy laws within the past * from the date of solicitation opening or closing, or are currently undergoing such reorganization; or
(3) Been included on the Defense Logistics Agency (DLA) Contractor Alert List (CAL), or are otherwise known to the contracting officer to have a poor or marginal performance history; or
(4) Within the past * received a negative PAS for an item within the same Federal Supply Class (FSC) as the item of supply, or for the same or similar service required under this solicitation; or
(5) Failed to liquidate indebtedness to DLA, to the following extent:
** .
(b) As a consequence of the Government's cost incurrence associated with conducting a PAS, for purposes of determining the present responsibility of any offeror described in (a)(1) through (5) above and to ascertain the most advantageous offer received, price and other factors considered, the amount of $369, which is the average amount of the direct costs of performing the PAS, shall be added as an evaluation factor to such offeror's total offered price.
(c) Nothing in this provision affects the right of the Government to perform or not to perform a preaward survey on any offeror.
* Insert applicable time period in accordance with 15.304(c)(95)(A), (B) and (D).
** Insert the extent of indebtedness that applies in accordance with 15.304(c)(95)(E).
(End of provision)
52.215-9002 Socioeconomic proposal.
As prescribed in 15.304(c)(4)(B), insert the following or similar provision:
SOCIOECONOMIC PROPOSAL (MAR 1996) - DLAD
In addition to any subcontracting plan required by the clause 52.219-9:
(i) Provide a description of the efforts your company will make to assure that small, small disadvantaged, and women-owned small business concerns will have equal opportunity to compete for subcontracts under any resulting contract. Describe your current and planned proposed range of services, supplies, and any other support that will be provided to you by small, small disadvantaged, and women-owned small business concerns. Include specific names of subcontractors to the extent they are known.
(ii) Describe any future plans your company has for developing additional subcontracting opportunities for small, small disadvantaged and women-owned small business concerns during the contract period.
(iii) Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to small, small disadvantaged and women-owned small businesses.
(iv) Specify what type of performance data you will accumulate and provide to the Contracting Officer regarding your support of small, small disadvantaged and women-owned small businesses during the period of contract performance. Provide the name and title of the individual principally responsible for ensuring company support to such firms.
(End of provision)
52.215-9003 Socioeconomic support evaluation.
As prescribed in 15.304(c)(4)(B), insert the following or similar provision:
SOCIOECONOMIC EVALUATION (OCT 1996) - DLAD
The Socioeconomic Proposal provided by the offeror under 52.215-9002 will be evaluated on a comparative basis among all offerors. An offeror that proposes a higher percentage, complexity level, and variety of participation by small, small disadvantaged and women-owned small businesses combined, generally will receive a higher rating on this factor. An offeror's efforts to develop additional opportunities for small, small disadvantaged and women-owned small businesses will also be comparatively evaluated with the proposals of other offerors. Offerors' proposals for socioeconomic support will be made a part of any resulting contract for use in determining how well the contractor has adhered to its socioeconomic plan. This plan will be monitored by the cognizant Defense Contract Management Agency's small business office as a means of assisting the contracting officer in determining how well the contractor has in fact performed. This determination will then be used as a consideration prior to option exercise and future source selection decisions. Performance on prior contracts in subcontracting with and assisting small, small disadvantaged, and women-owned small businesses will be part of past performance evaluation.
(End of provision)
52.215-9004 Javits-Wagner-O'Day Act Entity Proposal.
As prescribed in 15.304(c)(91)(ii), insert the following or similar provision:
JAVITS-WAGNER-O'DAY ACT ENTITY PROPOSAL (DEC 1997) - DLAD
(a) Provide a description of the efforts your company will make to assure that Javits-Wagner-O'Day Act (JWOD) qualified nonprofit agencies for the blind or other severely disabled will have equal opportunity to compete for subcontracts under any resulting contract. Describe your current and proposed range of services, supplies, and any other support that will be provided to you by JWOD concerns. Include specific names of such subcontractors, to the extent they are known.
(b) Describe any future plans your company has for developing additional subcontracting possibilities for JWOD entities, or ways in which these entities could be partnered with other businesses and agencies in opportunities to diversify revenue production, during the contract period.
(c) Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to JWOD entities.
(d) You shall be required to submit periodic progress reports (no less frequently than annually) to the contracting officer regarding your subcontracting efforts relative to JWOD entities. Specify what type of performance data you will accumulate and provide to the contracting officer regarding your support of JWOD entities during the period of contract performance. Provide the name and title of the individual principally responsible for ensuring company support to such entities (generally, this is the individual responsible for subcontracting with small, small disadvantaged, and women-owned small businesses).
(End of provision)
52.215-9005 Javits-Wagner-O'Day Act Entity Support Evaluation.
As prescribed in 15.304(c)(91)(ii), insert the following or a similar provision:
JAVITS-WAGNER-O'DAY ACT ENTITY SUPPORT EVALUATION (DEC 1997) - DLAD
The Javits-Wagner-O'Day Act (JWOD) Entity Proposal provided by the offeror under 52.215-9004 will be evaluated on a comparative basis among all offerors. An offeror that proposes or demonstrates a higher percentage, complexity level, and variety of participation by JWOD qualified nonprofit agencies for the blind or other severely disabled as subcontractors beyond those items for which JWOD entities are the mandatory source generally will receive a higher rating on this factor during the source selection process. Offerors' proposals for such support will be made a part of any resulting contract for use in determining how well the contractor has adhered to its plan. This plan will be monitored by the cognizant Defense Contract Management Agency activity as a means of assisting the contracting officer in determining how well the contractor has in fact performed. This determination will be one factor used in the placement of orders against multiple-award contracts and/or the exercise of options in the contract's follow-on years (as applicable). Performance on prior contracts in subcontracting with and assisting JWOD entities will be used as an element of past performance evaluation in subsequent source selection decisions.
(End of provision)
52.215-9006 Javits-Wagner-O'Day Act Entity Support - Contractor Reporting.
As prescribed in 15.304(c)(91)(iii), insert the following clause:
JAVITS-WAGNER-O'DAY ACT ENTITY SUPPORT - CONTRACTOR REPORTING (DEC 1997) - DLAD
The contractor shall submit periodic progress reports (no less frequently than annually) to the contracting officer regarding the contractor's subcontracting efforts relative to JWOD entities. There is no standard or prescribed format for this requirement; however, performance data accumulated and reported by the contractor must be as specified in its offer.
(End of clause)
52.215-9007 Preproposal Conference.
As prescribed in 15.201(d), insert the following provision:
PREPROPOSAL CONFERENCE (FEB 2005) - DLAD
A preproposal conference will be held to explain the requirements of this solicitation (number ______________________) and to respond to questions raised by prospective offerors. Prospective offerors are encouraged to attend. To arrange attendance, prospective offerors are requested to contact:
Name: |
_________________________ |
Telephone: |
_________________________ |
E-mail Address: |
_________________________ |
The date, time, and location of the conference are provided below:
Date: |
_________________________ |
Time: |
_________________________ |
Location: |
_________________________ |
Prospective offerors are requested to submit questions regarding the solicitation in writing via electronic mail to the above e-mail address five (5) days in advance of the conference to allow their inclusion in the agenda. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing.
The Government will not be liable for expenses incurred by an offeror prior to contract award.
Offerors are cautioned that remarks and explanations provided at the conference shall not change the terms of this solicitation unless the solicitation is amended in writing. Offerors may obtain a copy of the conference minutes from the Contracting Officer.
(End of provision)
52.215-9008 Facsimile Bids and Proposals
As prescribed in 14.201-6 (v) and 15.209 (e) insert the following provision:
Facsimile Bids and Proposals (JUL 2005) – DLAD
(a) Facsimile bids, proposals, amendments (including final proposal revisions (FPRs)), and withdrawals will be considered only if authorized in the solicitation by FAR 52.214-31, Facsimile Bids, or 52.215-5, Facsimile Proposals (Sec L). Fax machines should be programmed to include the telephone number as the distant station ID. This information is required to assist in properly documenting receipt.
(b) DLA/DSCC Internet Bid Board System (DIBBS) and Internet Quoting System (IQS). DIBBS and IQS do not permit facsimile proposals. Facsimile proposals in response to DIBBS or IQS solicitations will be rejected and returned to the offeror.
(c) DSC Richmond. The telephone number of the receiving facsimile equipment is 804-279-4165. For bid/proposal security reasons facsimile equipment is not located in the place designated for receipt of offers. Regular interoffice pick-up of facsimile transmissions occurs daily at 10:30 a.m. and 1:30 p.m., Eastern time zone.
(1) Bids, bid amendments, and bid withdrawals received by the facsimile equipment prior to 10:30 a.m. on the day of bid opening will be presumed to have been received on time.
(2) Proposals, amendments to proposals, withdrawals of proposals, and FPRs received by facsimile equipment prior to 1:30 p.m. on the day of closing will be presumed to have been received on time.
Alternate I
(c) DSC Columbus. The telephone number of the receiving facsimile equipment is 614-692-4275.
Alternate II
(c) DSC Philadelphia. The telephone number of the receiving facsimile equipment is 215-737-9300/01.
(End of provision)
52.215-9009 All or None for Automated Procurements.
As prescribed in 15.204-5(c)(90)(iv), insert the following provision:
ALL OR NONE FOR AUTOMATED PROCUREMENTS (AUG 2005) – DLAD
Offers must be submitted on the total quantity of each item as offers for a part of the quantity of any listed item will be rejected.
(End of Provision)
52.215-9010 All or None (IFB/RFP only)
As prescribed in 15.204-5(c)(90)(v), insert the following provision:
ALL OR NONE (IFB/RFP ONLY) (AUG 2005) - DLAD
(a) With respect to each item or group of items identified below, offers must be submitted for all items indicated. No award will be made for less than the full requirements shown in this solicitation for these items or groups.
GROUP __________
ITEM __________
(b) If this is an Invitation For Bid (IFB), any offeror offering less than all of the solicitation requirements of the indicated item or group of items will be non-responsive.
(c) If this is a Request For Proposal (RFP), any offeror offering less than all of the solicitation requirements of the indicated item or group of items may be precluded from consideration for award if the Contracting Officer elects to make an award without opening discussions.
(d) Offerors are cautioned that submission of an offer for selected item(s) within a given group is unacceptable; offers must be for all item(s) within a given group. However, an offeror may submit an offer on any one or more groups.
(End of Provision)
52.215-9011 Requirements for Quantity Increments or Ranges.
As prescribed in 14.201-5(c)(93) or 15.204-5(c)(90)(i), insert the following provision:
REQUIREMENTS FOR QUANTITY INCREMENTS OR RANGES (Jul 2006) - DLAD
(a) Offers are requested for increments or ranges of quantities as listed in the schedule of supplies or services. The awarded quantity, or quantities in the case of multiple items, will be based on the requirements of the Government and the combination of price and quantity per item that is most advantageous to the Government.
(1) Quantity increments consist of a primary amount and alternate amounts based on incremental increases. The quantity awarded will be either the full primary or one of the alternate quantities.
(2) Quantity ranges consist of a specific series of ranges. The quantity awarded may fall anywhere within any range.
(b) If this is an Invitation for Bids (IFB), a bid that only contains prices for quantities other than those quantities solicited in the schedule of supplies or services will be determined to be non-responsive.
(c) If this is a Request for Quotes (RFQ) or a Request for Proposals (RFP), an offer that only contains prices for quantities other that those quantities indicated in the schedule of supplies or services may be precluded from consideration for award if the Contracting Officer elects to make an award without discussion of proposals.
(d) If this solicitation requests offers for quantity ranges, the following apply:
(1) The unit price applicable to the entire award quantity shall be the unit price offered for the quantity range in which the award quantity falls;
(2) If an offer specifies the same price for all quantity ranges of an item, the offer may include a statement in the schedule of supplies or services that the unit price applies to all quantity ranges of that item. If an offer specifies different prices for a quantity range of an item, the offer must show a unit price in each quantity range column in the schedule of supplies or services.
(3) Award may be made on the basis of that quantity and price combination that is most advantageous to the Government without discussion of proposals.
(e) Cost or Pricing Data, if required, shall be furnished at the request of the Contracting Officer and need not be submitted with your offer.
(f) If this solicitation includes an option provision, option prices must be included for each increment.
(End of Provision)
52.215-9013 Production Facility Changes
As prescribed in 15.408-90 insert the following clause:
PRODUCTION FACILITY CHANGES (Mar 2008) – DLAD
The performance of any of the work contracted for in any place other than that named in the contract is prohibited unless specifically approved by the Contracting Officer. Written requests for a change in production facilities must be submitted in writing to the Contracting Officer. Changes in production facilities may be approved, provided (1) performance by small business or in labor surplus areas as required by the contract will not be changed; (2) the change will not cause a delay in delivery or necessitate a change in the purchase description; (3) the F.O.B. point is not changed; and (4) each request is supported by a price reduction of $250.00 to cover the Government's administrative costs to process the change. However, the Government reserves the right to deny approval even if these four elements are met.
(End of Clause)
(End of Clause)
52.215-9014 Aggregate Awards for Regional Petroleum Requirements
As prescribed in 15.308-91 insert the following provision:
AGGREGATE AWARDS FOR REGIONAL PETROLEUM REQUIREMENTS (Mar 2008) – DLAD
(a) The requirements included in this solicitation have been grouped into three regions as follows:
REGION I - Line Item
REGION II - Line Item
REGION III - Line Item
(b) Notwithstanding any language found anywhere else in this solicitation, it is the intent of the Government that only one award be made for the requirements of each region _________, resulting in a maximum of ________ awards for the requirements specified in paragraph (a) above, i.e., one award per each region.
(c) In order to be considered for award of such requirements on a regional basis, offerors must furnish prices for all the line items included in each of the regions for which they wish to be considered.
For example:
(1) To be considered for award of the requirements included in Region I _____________, offerors need to submit offers on each of the line items included in Region I _________________;
(2) To be considered for award of the requirements in Region II ______________, offerors need to submit offers on each of the line items included in Region II _________________; and
(3) To be considered for award of the requirements included in Region III ______________, offerors need to submit offers on each of the line items included in Region III __________________.
OFFERS FOR LESS THAN ALL THE LINE ITEMS INCLUDED IN EACH REGION WILL BE REJECTED AS NONRESPONSIVE ON A REGION-BY-REGION BASIS.
(d) (1) Region I requirements, including line items ________, will be awarded to the responsible offeror quoting the lowest aggregate price for all items included in Region I. .
(2) Region II requirements, including line items _________, will be awarded to the responsible offeror quoting the lowest aggregate price for all items included in Region II. .
(3) Region III requirements, including line items _________, will be awarded to the responsible offeror quoting the lowest aggregate price for all items included in Region III. .
(e) This provision [ ] does [ ] does not apply to line items__________________ which cover stock requirements to depots. When this provision does not apply to stock requirements, award of stock requirement items will be made on a line item basis in accordance with the FAR provision titled Contract Award in Section L of this solicitation.
(End of Provision)
52.215-9015 Production Capacity
As prescribed in 15.304-91 insert the following provision:
PRODUCTION CAPACITY (Mar 2008 C&T) – DLAD
(a) This solicitation calls for items producible with facilities that could also be used under production contracts resulting from other solicitations issued by the Defense Supply Center Philadelphia. The Government will consider offers under this solicitation that limit award if the Government makes award to that offeror under another solicitation.
(b) In the event that two or more solicitations issued by the Center for similar items are outstanding at the same time, the Center will evaluate offers and make awards in the order of the date and hour of opening of such solicitations, unless such action is precluded by circumstances beyond its control.
(c) If the offeror proposes to limit its offer in accordance with paragraph (a) above, the following stipulation will be completed:
This offer is conditioned upon the offeror’s not receiving an award under the solicitation(s) listed below. If the offeror receives an award on any or all of the solicitation(s) listed below for a quantity in excess of the quantity indicated, this offer should be considered withdrawn.
SOLICITATION NUMBER(S)________________________________________
QUANTITY:_______________________________________________________
(d) Offers that are conditioned on the exercise or nonexercise by the Government of an option contained in an existing contract will not be considered for award.
(e) Conditional offers, such as those which require awards under this solicitation and one or more other solicitations issued by the Center, or that vary the price under this solicitation or make the quoted price conditional on receipt of an award under one or more other solicitations issued by the Center are not authorized and will not be considered for award.
(End of provision)
52.215-9016 Notice to Contractors and Defense Finance Accounting Services (DFAS)
As prescribed in 15.204-5(90) insert the following clause:
NOTICE TO CONTRACTORS AND DEFENSE FINANCE ACCOUNTING SERVICES (DFAS) (Mar 2008) – DLAD
Per FAR 15.204-1, Part IV of the solicitation/offer has been removed and retained in the contract file. Section K is hereby incorporated by reference. Therefore, the page numbers indicated on the front of the award and on the last page of the Continuation Sheet will not reflect the actual number of pages in the award document.
(End of clause)
52.215-9017 List of Documents, Exhibits, and Other Attachments
As prescribed in 15.204-4(91) insert the following clause:
LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS (Apr 2008) – DLAD
(a) THIS SOLICITATION/AWARD CONSISTS OF THE FOLLOWING DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS:
(1)
(2)
(3)
(4)
(5)
(End of Clause)
52.215-9018 Authorized Limitation
As prescribed in 15.204-5(c)(90)(vi) insert the following provision:
AUTHORIZED LIMITATION (APR 2008) – DLAD
The Government may consider offers which limit the items or lots offered, provided that said limitations are clearly defined and expressed. No limitations may be expressed in terms of quantity; a limitation may be expressed only in terms of item, stock number or lot, as applicable. (For example, if a supplier makes an offer on Items 0001, 0002, and 0003, it may provide in its offer that, if awarded Items 0001 and 0002, no award may be made to it on Item 0003.) A limitation or restriction expressed in terms of quantity shall render the offer non-responsive.
(End of Provision)
52.215-9020 Instructions for Submitting Product Demonstration Models (PDM) for Supply Chains at DSCP
As prescribed in 15.308-93 insert the following provision:
INSTRUCTIONS FOR SUBMITING PRODUCT DEMONSTRATION MODELS (PDM) FOR SUPPLY CHAINS AT DSCP
(APR 2008) – DLAD
(a) The offeror shall submit Product Demonstration Models (PDM), as specified below, as part of its proposal. Models will be submitted at no expense to the Government and must be received prior to the time and date set forth for closing of offers. PDMs will be returned at the offeror’s request and expense so long as the PDM(s) is(are) not destroyed by testing, retained by the Government as a manufacturing standard, and/or unless otherwise specified by the solicitation. PDMs will become Government property unless return is requested within 30 days after date of award.
Item Number _________ No. of Units Required _____________
(b) Models will be tested or evaluated to determine compliance with all characteristics specified for such test or evaluation as referenced in FAR 15.3. Failure of models to conform to all such characteristics may result in the rejection of the entire offer. Failure to furnish models by the time and date specified in the solicitation may be cause for rejection of the entire offer if not otherwise acceptable under the provisions for considering late offers.
The following applies only when checked as paragraph (c):
[ ] If the PDM will be used as a manufacturing standard, for the successful offeror(s), the Government will return one approved Product Demonstration Model (PDM) which will serve as a manufacturing standard. Products delivered under any resulting contract shall conform to the approved model as to the characteristics listed for test or evaluation and shall conform to the specification/commercial product description characteristics.
[ ] It is preferred that the materials used to manufacture the PDM(s) be in accordance with any specifications defined in Section C of this solicitation. However, if the offeror uses alternate materials to manufacture the PDM(s) a letter must be supplied with them stating (i) which materials depart from the end item specification and (ii) that, although the materials used in producing the PDM(s) differ from those specified, the materials required by the specification will be utilized under any resultant contract.
NOTE: Generally, the use of alternate materials will not affect the rating of the PDM, either favorably or negatively when the use of the alternate materials is identified in accordance with the requirements of this section. However, the Government reserves the right to give a negative rating to (a) PDM(s) that is(are) made with materials that depart from the end item specification and the use of those alternate materials was not identified in accordance with the requirements of this section. Accordingly, to preclude a negative assessment of a PDM that is comprised of materials that are not in accordance with the specification(s), it is in the offeror's best interest to identify any and all alternate materials that have been used.
Although the offeror is permitted to use alternate materials to construct the PDM(s), the offeror is not permitted to utilize alternate manufacturing operations or change the construction/design of the PDM. The PDM must be manufactured (i) at the same facility as the production quantity and (ii) must be in accordance with applicable specifications, including the placement of the labels, unless otherwise identified. However, labels need not be printed for the purpose of the PDM but there must be an indication as to the size of the PDM, when applicable."
(End of Provision)
52.216-9000 Implementation of FAR 52.216-2 Economic Price Adjustment--Standard Supplies.
Pursuant to 16.203-4(a)(1)(90), insert a clause that is substantially the same as the following clause:
IMPLEMENTATION OF FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT - STANDARD SUPPLIES (JAN 2002) - DLAD
(a) Economic price adjustment (EPA) pursuant to the clause of this contract entitled ECONOMIC PRICE ADJUSTMENT–STANDARD SUPPLIES (FAR 52.216-2), shall be determined as implemented herein.
(b) EPA is limited to changes in the established price for the Contract Line Item Number (CLIN) listed below. The offeror shall report the item name, its part number and current established price (as defined in paragraph (a) of the aforementioned EPA clause), its unit of measure and FOB location, shall identify the name, source and date of the document containing such price, and shall attach to its offer, a copy of the pages from such document identifying the item and its price:
______________________________________(Note1)____________________________________________________________________________________________________________________________________________________________________________________________________________
(c) In the event the price cited in (b) is an established market price which the contracting officer determines consistently and substantially fails to reflect market conditions, the contracting officer may modify the contract to specify use of an appropriate substitute market price, effective on the date such market price specified in the contract begins to consistently and substantially fail to reflect market conditions.
(d) The Contractor shall include with the final invoice, a statement that the Contractor has not experienced a decrease in the unit price for the item listed herein, or a statement that it has given notice of all such decreases in compliance with the EPA clause.
(End of clause)
Note 1: The contracting officer shall list the CLIN to be subject to EPA, provide for offeror fill-in of its item name, part number, current cost, unit of measure and FOB location for such item, and for the name, source and date of the document containing such price.
52.216-9001 Implementation of FAR 52.216-3 Economic Price Adjustment--Semistandard Supplies.
Pursuant to 16.203-4(b)(90), insert a clause that is substantially the same as the following clause:
IMPLEMENTATION OF FAR 52.216-3 ECONOMIC PRICE ADJUSTMENT - SEMISTANDARD SUPPLIES (JAN 2002) - DLAD
(a) Economic price adjustment (EPA) pursuant to the clause of this contract entitled ECONOMIC PRICE ADJUSTMENT–SEMISTANDARD SUPPLIES (FAR 52.216-3), shall be determined as implemented herein.
(b) EPA is limited to changes in the established price for the Contract Line Item Number (CLIN) listed below. The offeror shall report the item name, its part number and current established price (as defined in paragraph (a) of the aforementioned EPA clause), its unit of measure and FOB location, shall identify the name, source and date of the document containing such price, and shall attach to its offer, a copy of the pages from such document identifying the item and its price:
___________________________________(Note1)_________________________________________
______________________________________________________________________________________________________________________________________________________________________
(c) In the event the price cited in (b) is an established market price which the contracting officer determines consistently and substantially fails to reflect market conditions, the contracting officer may modify the contract to specify use of an appropriate substitute market price, effective on the date such market price specified in the contract begins to consistently and substantially fail to reflect market conditions.
(d) The Contractor shall include with the final invoice, a statement that the Contractor has not experienced a decrease in the unit price for the item listed herein, or a statement that it has given notice of all such decreases in compliance with the EPA clause.
(End of clause)
Note 1: The contracting officer shall list the CLIN to be subject to EPA, provide for offeror fill-in of its item name, part number, current cost, unit of measure and FOB location for such item, and for the name, source and date of the document containing such price.
52.216-9002 Implementation of FAR 52.216-4 Economic Price Adjustment--Labor and Material.
Pursuant to 16.203-4(c)(90), insert a clause that is substantially the same as the following clause:
IMPLEMENTATION OF FAR 52.216-4 ECONOMIC PRICE ADJUSTMENT - LABOR AND MATERIAL (JAN 2002) - DLAD
(a) Economic price adjustment (EPA) pursuant to the clause of this contract entitled ECONOMIC PRICE ADJUSTMENT–LABOR AND MATERIAL (FAR 52.216-4), shall be determined as implemented herein.
(b) EPA is limited to changes in the contractor’s cost relative to the labor category or item of material and the related Contract Line Item Number (CLIN)) listed below. The offeror shall list its current cost per unit of labor and/or materials for such item, shall identify the name, source and date of the document containing such cost, and shall attach to its offer, a copy of the pages from such document identifying the item and its cost:
_________________________________(Note1)_________________________________________________________________________________________________________________________________________________________________________________________________________________
(c) EPA for the specified cost element relative to each Contract Line Item Number (CLIN) shall be calculated as follows:
_________________________________(Note2)____________________________________________ __________________________________________________
___________________________________________________________________________________
(d) The Contractor shall include with the final invoice, a statement that the Contractor has not experienced a decrease in any labor rate and/or material unit price for the item listed herein, or a statement that it has given notice of all such decreases in compliance with the EPA clause.
(End of clause)
Note 1: For the item to be subject to price adjustment, the contracting officer shall list the CLIN, the specific labor category or item of raw material, purchased part, etc. to be subject to EPA, provide for offeror fill-in of its current cost and unit of measure for such category/item, and for the name, source and date of the document containing such cost.
Note 2: The contracting officer shall identify the quantity and cost (or the dollar percentage) of the item listed in paragraph (b) that is included in CLIN price, along with an explicit description of how an increase, and how a decrease, in such item cost shall be used in calculating any EPA to the CLIN unit price. A sample calculation may be included if deemed beneficial.
52.216-9003 ECONOMIC PRICE ADJUSTMENT-SPECIALTY METALS – MARKET PRICE -
PROSPECTIVE ADJUSTMENTS (JAN 2007)
Pursuant to 16.203-4(91)(iv) insert the following clause:
(a) WARRANTIES. The Contractor warrants that--
(1) The base unit prices set forth in the Schedule do not include
allowances for any portion of the contingency covered by this clause;
(2) The Contract Line Items included in the TABLE (paragraph (f)) are subject to the Preference for Domestic Specialty Metals clause of this contract; and
(3) The prices to be invoiced shall be computed in accordance with the provisions of this clause.
(b) DEFINITIONS. As used throughout this clause--
(1) "Market price indicator," as specified in column 5 of the TABLE is the measure of changes in the market price of the material cost for the specialty metal(s) included in the contract price of the contract line item Numbers (CLINs) subject to adjustment under this clause.
(2) "Base unit price" is the unit price of a CLIN listed in the TABLE, as applicable, during the initial contract period, or during an option period, exclusive of any price adjustment pursuant to this clause.
(3) "Base period" is the three calendar months preceding the month containing, as applicable, the closing date for receipt of offers (final proposal revisions if discussions were held) under negotiation procedures or the date of bid opening under sealed bid procedures. In addition, if the contract includes a period option, the base period is the arithmetic average of the three calendar months immediately preceding the month prior to the month containing the effective date for the option exercised.
(4) "Base market price indicator" (BMPI) for a CLIN listed in the TABLE is the arithmetic average of the market price indicator values for the base period for the specialty metal(s) specified in column (2) of the TABLE for that CLIN.
(5) “Base specialty metals cost” (BSMC) for a CLIN listed in the TABLE is the dollar value of the direct materials cost of a specialty metal as recorded in Column (4) of the TABLE for such item.
(6) “Adjustment period” for purposes of this contract, will be: (if none marked, adjustments will be done annually)
( ) Quarterly – adjustments will be calculated following the publication of the market price indicator for the second month in each consecutive three calendar month period.
( ) Semi-annually – adjustments will be calculated following the publication of the market price indicator for the fifth month in each consecutive six calendar month period.
( ) Annually - adjustments will be calculated following the publication of the market price indicator for the eleventh month in each consecutive twelve calendar month period.
(7) "Adjusting market price indicator" (AMPI) for a CLIN listed in the TABLE during the first adjustment period of contract performance is the arithmetic average of the market price indicator values for the three months immediately preceding the month prior to the first month of contract performance. For subsequent adjustment periods, the adjusting market price indicator for such CLIN is the arithmetic average of the three calendar months immediately preceding the month prior to the first month of the current adjustment period for which a prospective adjustment is being calculated.
(8) “Adjusted specialty metal material cost” is the base specialty material cost, adjusted as specified in paragraph (c)(2) on a prospective basis.
(9) “Non-specialty metals base price” is the base unit price for a CLIN minus the base specialty metal material cost for that CLIN.
(10) “Adjusted CLIN unit price” is sum of the adjusted specialty metal material unit cost and the non-specialty metals unit price rounded to four decimal places.
(c) ADJUSTMENTS.
(1) Promptly following publication of the market price indicator(s) for the month specified in paragraph (b)(5) of the current adjustment period, the Contracting Officer shall calculate the adjusted specialty metal material price(s) and adjusted contract line item unit price(s), and modify the contract accordingly to incorporate CLIN prices that will be applicable to new orders issued during the next adjustment period.
(2) CALCULATIONS. All calculations shall be rounded to four decimal places. On the month prior to the beginning of the next adjustment period, the price adjustment(s) shall be calculated as follows:
(A) Compute the adjusting market price indicator (AMPI) for a CLIN, i.e., the arithmetic average of prices published for the indicator(s) shown in Column (5) of the TABLE for such CLIN, for the three month period preceding the current month.
(B) Using the base market price indicator (BMPI) (Column (6) of TABLE and the adjusting market price indicator (AMPI) computed per (A) above, calculate the market price indicator percentage change as follows:
AMPI – BMPI = ± market price indicator change percentage (MPIC %)
BMPI
(C) Use the base specialty metal(s) cost (BSMC $) (Column (4) of the TABLE) and the MPIC % ((B) above) to calculate the new adjusted specialty metals price as follows:
BSMC $ x MPIC % = ± specialty metal price change (SMPC)($)
± SMPC + BSMC = adjusted specialty metal cost per CLIN Material Price
Note: If more than one specialty metal is included in the TABLE for a CLIN, the SMPC is calculated for each using the former of the above two formulas and the change for each (increase or decrease) added to the BSMC to calculate the adjusted specialty metal cost per CLIN (vice the latter formula above.)
(D) Determine the adjusted contract line item unit price by adding the adjusted specialty metal(s) cost(s) to the non-specialty metals portion of the CLIN price.
(3) MODIFICATIONS. Price adjustments under this clause shall be effected by contract modification showing the base unit price(s), calculation of the adjusting market price(s), the base contract line item unit price, and the calculations used to arrive at the adjusted contract line item unit price(s).
(4) INVOICES. The prices invoiced and payable under this contract shall be based on the unit price(s) in the contract on the date the order is awarded.
(5) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause of this contract.
(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT.
(i) The Contractor agrees that the total increase in any specialty metal material cost pursuant to these economic price adjustment provisions shall not exceed ___% (percent) of the original material cost in any applicable contract year (whether a single year or multiyear program), except as provided hereafter.
(ii) If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.
(iii) If an actual increase in the indicator would raise a contract unit price for an item above the current ceiling, the Contracting Officer may issue a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.
(7) REVISION OF MARKET PRICE INDICATOR. In the event –
(i) Any applicable market price indicator is discontinued or its method of derivation is altered substantially; or
(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions,
the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.
(d) FINAL INVOICE. The Contractor shall include a statement on the final invoice under (1) the basic contract and under (2) each option period, that the amounts invoiced during the period have applied all adjustments required by this clause.
(e) DISPUTES. Any dispute arising under this clause shall be determined in accordance with and subject to the “Disputes” clause of the contract.
(f) TABLE. The offeror shall complete columns (1) through (4) in the TABLE which follows, for all items containing specialty metals subject to adjustment under this clause (see paragraph (a)(2)). The offeror shall include with its offer adequate data to support derivation of the dollar value of specified material in the base unit price subject to adjustment (column (4)). Data supplied shall, at a minimum, provide an informal cost breakdown reflecting the current raw material cost, the specialty metal specification and the quantity of material per contract line item unit price.
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
CLIN Subject to Adjustment |
Specialty Metal Subject to Adjustment |
Specialty Metal Amount per CLIN Unit of Issue |
Base Specialty Metals Cost (see paragraph (b)(5)) in CLIN Base Unit Price |
Specialty Metals Market price indicator identification and/or Name |
Base Market Price Indicator (see paragraph (b)(4)) |
SAMPLE CLIN 0000 |
Titanium TT35 |
2 lb |
$30 |
Platts US SG INGOT Producer |
$14.10/lb |
(End of Clause)
Paragraph (b)(5) – Buyer fill-in of frequency of adjustment period (quarterly, semi-annually or annually).
Paragraph (c)(7)(i) – Buyer fill-in of EPA ceiling percentage. Unless approved by the Chief of the Contracting Office, the ceiling shall be no more than 10%.
Table (f) columns (1) though (4) are vendor fill-ins, column (5) is a buyer fill-in.
Use with Clause 52.217-9001 if contract will include options.
52.216-9006 Addition/Deletion of Items.
As prescribed in 16.506(90), insert the following clause:
ADDITION/DELETION OF ITEMS (AUG 2005)- DLAD
(a) The Government reserves the right to unilaterally delete items that were available from only one manufacturer at the time of award if an alternate source of supply becomes available or the Government’s requirements are modified to provide for full and open competition. The Government will provide a 30 day advance notice to the contractor prior to deleting any item from the contract.
(b) New items may be added to the contract through bilateral modification with negotiated prices. All new requirements are subject to synopsis prior to addition to the contract.
(c) Discontinued Items:
(1) The contractor agrees to provide the Government with immediate, written notification when an item is to be discontinued by the manufacturer, including a recommendation for any potential substitute or replacement items. If the Government elects to include a substitute or replacement item in the contract, the contract will be modified accordingly.
(2) If an item is discontinued without replacement, the notice should include a recommendation concerning the availability of items that are comparable in form, fit, and function. The contractor shall not incur any costs related to alternate sources of supply without the express written approval of the Contracting Officer. The Government has the option to make a last time order, or series of orders, within 30 days after receiving written notification of the discontinued item after which the item will be deleted from the contract. The contractor shall honor any last time order unless it is returned to the ordering office within 10 days after issuance, with written notice stating the full quantity is not available for shipment. The terms of such order(s) will be negotiated by the parties, including changes to the delivery schedule and maximum quantity available for shipment.
(End of clause)
CONTRACT AND DELIVERY ORDER LIMITATIONS (Jul 2006)- DLAD
[ ] (a) Delivery orders will specify delivery no less than ______________ days from the date of order. Changes or cancellations to delivery orders may be made by giving the contractor notice no less than ___ days [remembering that days are always calendar days unless otherwise defined] before the required delivery date.
(b) Maximum Contract Limitation. The maximum quantity or maximum dollar value that may be ordered against this contract is _______________.
(c) Guaranteed Minimum.
(1) The Government guarantees that it will order under this contract (and under the contract awarded for any partial set-aside) the following minimum, as applicable:
[ ] (i) Base period of one year.
______ (Quantity)
______ (Percentage of the annual estimated quantity or dollar value)
[ ] (ii) Base period of two or more years.
______ (Quantity) multiplied by ______.
______ (Percentage) multiplied by ______.
[ ] (iii) The following minimum quantities within the time periods prescribed (QTR represents a three-month period computed from date of award):
CLIN |
FIRST QTR |
SECOND QTR |
THIRD QTR |
FOURTH QTR |
____________ |
_________ |
____________ |
__________ |
____________ |
[ ] (iv) The contractor will not be obligated to honor any order with F.O.B. Destination terms that requires delivery to a single destination of a quantity less than that shown below:
CLIN |
MINIMUM QUANTITY PER DESTINATION |
________________ |
__________________________________ |
(2) The Government may fulfill the guarantee by a single delivery order or by any number of delivery orders subject to the minimum per order specified in the clause Order Limitations, FAR 52.216-19 (a). The maximum quantity per order does not apply until after the guaranteed minimum is satisfied.
(3) In the event that a single delivery order includes both items that are within the guaranteed minimum and items in excess of the guaranteed minimum, the maximum delivery order limitations in FAR 52.216-19 (b) shall apply, and the Contractor shall be governed by the notice requirement of FAR 52.216-19 (d).
(4) The total of the delivery orders issued during the base contract period will apply to the minimum guarantee stated in this paragraph (c). The Government’s obligations with regard to the guarantee will be satisfied when the total of the delivery orders equals or exceeds the guaranteed quantity or guaranteed dollar value, as applicable.
(d) If this is an Invitation for Bids (IFB) and the Government elects to award a different quantity than that solicited or bid upon, the delivery schedule will be changed in direct proportion to the change in quantity. If this solicitation involves a partial set-aside, the Government will consider each destination (or combined destinations) separately in awarding the set-aside portion. The destination(s) appearing on page(s)______________ is (are) the non set-side portion.
(End of clause)
52.216-9008 Offeror’s Quantity Limitations.
As prescribed in 16.506(91)(b), insert the following clause:
OFFEROR’S QUANTITY LIMITATIONS (Jul 2006) – DLAD
An offer may be restricted by completing the following section, however such conditional offers may not be acceptable. Stating no restriction, either below or elsewhere in the offer, is express authorization to accept award of the total quantity offered or any part thereof.
[ ] 100% of all items offered or none.
[ ] Clearly describe other restrictions, if any, under which the offer is submitted.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
(End of clause)
CLIN(s) |
QUANTITY |
CLIN(s) |
QUANTITY |
_______ |
__________ |
_______ |
__________ |
_______ |
__________ |
_______ |
__________ |
b. In the event that this solicitation provides for a partial set-aside, the estimated total quantity for the set-aside portion is as provided in the clause entitled "Set-Aside Portion" located in Section I of the solicitation.
NOTE: It is anticipated that the quantities listed will remain constant for any additional option periods as provided elsewhere in this contract.
(End of clause)
52.216-9010 Contract Quantity Limitations.
As prescribed in 16.506 (91)(c)(2), insert the following clause:
CONTRACT QUANTITY LIMITATIONS (Jul 2006) – DLAD
[ ] (a) The quantity limitations on any contract resulting from this solicitation are as follows during the contract period*:
(1) Minimum Quantity or Dollar Amount: ____________
(2) Maximum Quantity or Dollar Amount: ____________
The Government is obligated to order only the minimum quantity or dollar figure stated above.
If this solicitation provides for a partial Small Business set-aside and the resulting award is made to a contractor receiving the set-aside and non set-aside portion, the quantities specified above for both minimum and maximum will be doubled.
[ ] (b) MULTIPLE NSNs: The NSNs or NSN groups cited in the solicitation may be split (with one or more NSNs awarded to one contractor, one or more to another contractor or contractors) after evaluation of offers. If there are split awards, the contract minimum for each contract during the contract period* will become the total of the minimum(s) for the NSNs awarded to each offeror The resulting contract minimum applies to the entire range of items awarded and does not guarantee that the Government will purchase any particular quantity or dollar amount of any individual NSN awarded.
The contract minimum will be $_______________, which is the total of the minimum estimates for all NSNs. The minimum estimate for each NSN is calculated;
( ) (1) as ________ per cent of the estimated annual demand value for each item, or
( ) (2) as specified below for each NSN or NSN group
NSN |
MINIMUM QUANTITY OR DOLLAR VALUE |
The contract maximum during the contract period* will be $_____________________.
[ ] (c) MULTIPLE AWARDS – The Government anticipates making multiple awards (awards for the same NSNs) as a result of this solicitation. If multiple awards are made, the contract minimum for each award during the contract period* will be a proportion of the overall minimum cited below. For example, if two awards are made the Government is obligated to purchase half of the minimum from each awardee. Regardless of the number of awards made under this solicitation, the Government may order, and each awardee is obligated to deliver, up to the maximum cited below:
The contract minimum will be $______________________, which is the total of the minimum estimates for all NSNs. The minimum estimate for each NSN is calculated:
( ) (1) as ________ per cent of the estimated annual demand value for each item, or
( ) (2) as specified below for each NSN or NSN group
NSN |
MINIMUM QUANTITY OR DOLLAR VALUE |
The contract maximum during the contract period* will be $ _____________________.
*NOTE:
( ) Contract period as defined in this clause means the extended contract shall be inclusive of any/all option periods.
( ) Contract period as defined in this clause means a separate contract period for the initial basic and each option period.
(End of Clause)
52.216-9011 Economic Price Adjustment – DoD Electronic Mall (EMALL)
As prescribed in 16.203-4(92)(a)(1)(90)(i), insert the following clause:
ECONOMIC PRICE ADJUSTMENT – DOD ELECTRONIC MALL (EMALL) (JUL 2006) – DLAD
(a) The Contractor warrants that the unit prices offered are and shall remain --
(1) the established prices for the same commercial items sold in substantial quantities to the general public as reflected in published catalogs and/or price lists; and
(2) as low or lower than prices being offered to its most preferred customers for like quantities of the same items under comparable terms and conditions.
(b) Price Changes.
(1) Decreases: The Contractor may decrease prices without limitation and without prior notification to the Contracting Officer.
(2) Increases: The Contractor shall notify the Contracting Officer in writing 30 days prior to the effective date of any price increase.
(i) The Contractor is limited to annual price increases not exceeding 5% cumulatively per item.
(ii) Any increase exceeding 5% in an annual period, whether individual or cumulative, is subject to the Contracting Officer’s approval and requires modification of the contract. The Contractor shall provide supporting data, including verifiable catalog or published list prices, corresponding increases in cost, discount structure, or any other information deemed appropriate by the Contracting Officer. Increases in commercial catalogs or published price lists do not automatically authorize corresponding increases in contract prices.
(iii) Price increases shall not apply to orders placed prior to approval of the price increase.
(iv) Within 30 days after receipt of the Contractor’s written notification, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the increase.
(c) Any dispute under this clause shall be resolved in accordance with the Disputes Clause of this contract.
(End of clause)
52.216-9012 ECONOMIC PRICE ADJUSTMENT (EPA) For UGR - A COMPONENTS – ACTUAL MATERIAL COSTS (APRIL 2007 SUBSISTENCE)
Pursuant to FAR 16.203-4(c) and DLAD 16.203-4(c)(90)(2) insert the following clause:
(a) WARRANTIES. The Contractor warrants that---
(1) distribution prices covered by this contract do not include allowances for any portion of the contingency covered by this clause; and
(2) all prices invoiced under this contract shall be computed in accordance with the provisions of this clause.
(b) DEFINITIONS. As used throughout this clause, the term:
(1) “Contract unit price” means the total fixed price per unit charged to DSCP for a product delivered to DSCP’s customers. The contract unit price consists of two parts: Total Components price and Distribution price. The sum of these two prices shall be rounded up or down as applicable, (based on the rule of 5 or over to round up) to two (2) places to the right of the decimal point to calculate the contract unit price. Only the delivered price component of the contract unit price is subject to adjustment under this clause.
(2) “Total components price” means the total cost to the Contractor for all the food and disposable component items of the ration module, which is calculated by summing the total individual costs to the Contractor of each food and disposable component item in the ration module. The total cost to the Contractor for each ration component is calculated as the net unit price charged to the Contractor for that component, multiplied by the quantity of units per ration module. The net unit price for each component is the price paid by the Contractor to its supplier(s) for delivery of the component product to its distribution/assembly location (often called the “delivered price” or “landed cost”), taking into account any product discounts or rebates offered by the suppliers. The most recent vendor’s invoice price for a ration component should usually meet this definition as the net unit price for the component. The following table gives an example of how to calculate the Total Components price:
LUNCH/DINNER MENU 1 PERISHABLE - 8970-01-525-6813 - Chicken Parmesan | ||||||
Net |
Net Unit |
Case |
Qty/ |
Units/ |
Component | |
Menu Item |
Unit |
Price |
Pack |
Ration |
Ration |
$ / Ration |
Chicken Parmesan |
CS |
$22.45 |
50 PC |
50 PC |
50/50 |
$22.45 |
Sauce |
CS |
$4.25 |
6 CN |
3 CN |
3/6 |
$2.13 |
Lemon Cake |
CS |
$5.17 |
8 EA |
2 EA |
2/8 |
$1.29 |
Total Components Price |
$25.87 |
(3) “Distribution price” means the firm fixed price portion of the contract unit price, offered as a dollar amount per unit of issue, which represents all the elements of the contract price other than the total components price. The distribution price typically covers the Contractor’s projected general and administrative expenses, overhead, packaging costs, transportation costs from the contractor’s distribution/assembly point, and any other projected expenses associated with delivery to DSCP’s customers, plus profit. This price shall remain constant for the complete term of the contract period then in effect. Distribution prices shall be formatted to two (2) places to the right of the decimal point, for example, $4.50 per semi-perishable ration module.
(4) “Ordering catalog” means the listing of contract ration modules to be delivered to Government customers, and their corresponding contract unit prices available for ordering under this contract.
(5) “Ordering week” means the 7-day week, from Sunday at 12:01 AM through the following Saturday until midnight Eastern Time (ET, standard or daylight as applicable), during which the Government place orders for UGR-A modules to the Contractor.
(c) PRICE ADJUSTMENTS.
(1) General.
(A) All ordering catalog prices shall be fixed and remain unchanged until changed pursuant to this clause or other applicable provision of the contract. If the Contractor’s applicable total components price of a ration component(s) changes (i.e. increase or decrease) after the contract date, the corresponding contract unit price may be increased, or shall be decreased, by the same amount. The price change shall be effective at the beginning of the next ordering week. All ordering catalog unit prices computed in accordance with this clause and in effect when an order is placed shall remain in effect for that order through delivery. DSCP will be charged the contract unit price at time of each order regardless of any changes in the unit price occurring in any subsequent ordering week. In the event the Contractor finds a price recorded in the ordering catalog was not computed in accordance with this clause, and the error resulted in a higher contract unit price, than would have applied if this clause had been correctly applied, the Contractor shall immediately notify the Contracting Officer in writing and promptly thereafter submit a refund proposal. The posting of updated prices in the ordering catalog, calculated in accordance with this clause, constitutes a modification to this contract. No further contract modification is required to effect the change.
(B) The Contractor shall submit a request weekly for approval of price changes and for the retention of current prices, no later than Thursday, 1:00 PM ET to be effective in the following ordering week’s ordering catalog prices. The Contractor shall notify the Contracting Officer of its request in the form of an EDI 832 transaction set or via an update to the USDA web-ordering tool, as applicable. The notice shall include the Contractor’s adjustment in the total components price component of the applicable contract unit price.
(C) The Contracting Officer may at any time require the submission of supporting data to substantiate any requested price change or the requested continuation of the pre-existing price for any item, including prices applicable to prior ordering weeks. Upon notice from the Contracting Officer that supporting data is required, the Contractor shall immediately furnish to the Government all supporting data, including but not limited to, invoices, quotes, price lists and any other substantiating information requested by the Contracting Officer.
(D) The Contracting Officer may reject any price change or request to maintain a current price for any item, to the extent such price is found not to be representative of the Contractor’s current total components price.
(E) Should the Contracting Officer determine that a price change request contained an erroneous unit price or price change, the Contracting Officer may direct that the contract unit price be set at the amount determined by the Contracting Officer to reflect the accurate Total Components price. If the accurate price is lower than the erroneous price or price change, then the contractor shall promptly thereafter submit a refund proposal.
(F) If the Contracting Officer does not notify the Contractor by Friday, 12:30 PM ET that a price or a price change request is being questioned or has been found to be erroneous, the requested contract unit price change(s) will be incorporated in the ordering catalog to be effective with the beginning of the following ordering week. Price change requests that the Contracting Officer questions or finds to be inconsistent with the requirements of this clause shall not be posted until the Contracting Officer specifically authorizes the posting.
(G) For all proposed prices that were not correctly entered in time into the ordering catalog for the following week, or were identified following the commencement of the applicable ordering week, and for any excessive prices found in prior ordering catalogs, that resulted in incorrectly higher contract unit prices, the Contractor shall promptly refund the difference between the correct amount and the incorrect amount to the Government, whether identified by the Contractor or by the Contracting Officer.
(H) As an example, the following illustrates a request for a contract unit price change for Lunch/Dinner Perishable Menu 1:
Price Effective for Ordering Week 13-19 Aug 2006
LUNCH/DINNER MENU 1 PERISHABLE - 8970-01-525-6813 - Chicken Parmesan | ||||||
Net |
Net Unit |
Case |
Qty/ |
Units/ |
Component | |
Menu Item |
Unit |
Price |
Pack |
Ration |
Ration |
$ / Ration |
Chicken Parmesan |
CS |
$22.45 |
50 PC |
50 PC |
50/50 |
$22.45 |
Sauce |
CS |
$4.25 |
6 CN |
3 CN |
3/6 |
$2.13 |
Lemon Cake |
CS |
$5.17 |
8 EA |
2 EA |
2/8 |
$1.29 |
Total Components Price |
$25.87 | |||||
Distribution Price |
$4.25 | |||||
Contract Unit Price |
$30.12 |
On 15 Aug 2006, the Contractor has received a new delivery of Chicken Parmesan at $21.50 per case, and Lemon Cake at a delivered price of $5.30 per case. The Contractor would request a contract unit price change as follows (requested changes in bold):
Net |
Net Unit |
Case |
Qty/ |
Units/ |
Component | |
Menu Item |
Unit |
Price |
Pack |
Ration |
Ration |
$ / Ration |
Chicken Parmesan |
CS |
$21.50 |
50 PC |
50 PC |
50/50 |
$21.50 |
Sauce |
CS |
$4.25 |
6 CN |
3 CN |
3/6 |
$2.13 |
Lemon Cake |
CS |
$5.30 |
8 EA |
2 EA |
2/8 |
$1.33 |
Total Components Price |
$24.96 | |||||
Distribution Price |
$4.25 | |||||
Contract Unit Price |
$29.21 |
(2) Limitations. All adjustments under this clause shall be limited to the effect on contract unit prices of actual increases or decreases in the net unit prices for material. There shall be no upward adjustment for—
(A) Production cost increases incurred by the Contractor
(B) Changes in the quantities of material.
(d) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The aggregate of contract unit price increases for each item under this clause during any single performance period (base or option period) shall not exceed 10 percent (%) of the initial contract unit price in such performance period except as provided hereafter. There is no downward limitation on the aggregated percentage of decreases that may be made under this clause.
(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, or in the event the latest actual cost for an item would exceed the allowable ceiling price under the contract, then the Contractor shall immediately notify the Contracting Officer in writing of the facts and circumstances. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of the remaining contract performance period, along with appropriate explanation and documentation as required by the Contracting Officer.
(2) If an actual increase in the component delivered prices would raise a contract unit price for an item above the current ceiling, the Contracting Officer may issue a contract modification to establish a separate price increase limit for the item for the remainder of the current performance period. If the contract ceiling will not be raised, or raised sufficiently, to enable continued ordering of the item, the Contracting Officer shall so promptly notify the Contractor in writing.
(e) EXAMINATION OF RECORDS.
The Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents and other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause. Such examination may occur during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.703 of the Federal Acquisition Regulation (FAR), whichever is earlier.
(f) FINAL INVOICE. The Contractor shall include a statement on the final invoice under the basic contract and any option period that the amounts invoiced hereunder have applied all decreases required by this clause.
(g) DISPUTES. Any dispute arising under this clause shall be determined in accordance with the “Disputes” clause of the contract.
(End of clause)
52.216-9013 Evaluation of Offers for Indefinite Delivery Type Solicitations
As prescribed in 16.506(92)(a) insert the following provision:
EVALUATION OF OFFERS FOR INDEFINITE DELIVERY TYPE SOLICITATIONS (APR 2008) – DLAD
(a) When FAR clause 52.216-21 or one of its alternates is contained in this solicitation, this solicitation is for a Requirements contract. Offers will be evaluated on the basis of the estimated annual quantity. If quantity increments are offered with various prices, the highest price offered will be used for evaluation.
(b) When FAR clause 52.216-22 is contained in this solicitation, this solicitation is for an Indefinite Quantity contract. Offers will be evaluated on the basis of the estimated annual quantity. Unless (c) is checked below, if quantity increments are offered with various prices, the highest price offered will be used for evaluation. If line items for both DLA Direct and Customer Direct are included in the schedule, offers will be evaluated based on the total extended price for the DLA Direct and Customer Direct line items.
(c) [ ] If checked, and subject to the terms and conditions of the solicitation relating to the evaluation of offers, the following procedures will be followed:
(1) When offers are requested on a quantity increment basis, each CLIN will be evaluated for price by:
[ ] applying a weighted factor of 18% to the first quantity increment, 36% to the second increment, and 46% to the third increment to arrive at an average weighted unit price.
[ ] applying a weighted factor of 5% to the first quantity increment, 65% to the second increment, 25% to the third increment, and 5% to the fourth increment to arrive at an average weighted unit price.
This average weighted unit price will be multiplied by the estimated annual quantity that may be procured during the contract period to arrive at a total annual evaluated price for each CLIN. If the solicitation provides for separately priced option periods, average weighted prices will be calculated as described above in (1) for each option period and then added to the base contract period total to determine the total estimated price of that line item for the evaluation.
(2) When quantity increment prices are not requested, offers for each CLIN will be evaluated by multiplying the unit price by the estimated quantity that may be procured during the contract period to arrive at total price for each CLIN.
(3) Prices offered must be unit prices only which are clearly stated and which require no further interpretation by the Government to determine the actual offered price. Prices must not be stated as part of a pricing formula or as charges per lot. Unit prices offered must include costs of compliance with all solicitation requirements, with the exception of additive CLINs. For each item of supply for which a price is offered, prices must be offered for each quantity increment and year. Failure to submit proposed prices in accordance with these instructions may result in rejection of the offer.
(4) In the event first article testing and/or technical data are required for any or all of the CLINS, the cost of such testing and data will be added to the appropriate CLIN or prorated based on the ratio of the estimated quantity for each CLIN to the total estimated quantity of the various CLINs covering the same item (NSN). In the event an offeror is low only on one CLIN (where there are several CLINs for the same item) (NSN), the cost of testing and data pertaining to that CLIN will be added for evaluation purposes.
(5) [ ] If checked, when F.O.B. origin offers are authorized, transportation costs will be considered in evaluation and will be based on the best estimated quantity of each CLIN as specified elsewhere in this solicitation. Carload or truckload rates will be used to evaluate the cost of transportation for each CLIN unless the best estimated quantity would not constitute a carload or truckload. In such case, Less than Carload (LCL) or Less than Truckload (LTL) rates will be used for evaluation purposes.
(End of Provision)
Alternate I (APR 2008). As prescribed in 16.506(92)(a) Use ALT I when assigning the greatest weight to the quantity increment most likely to be procured for each delivery order. Replace paragraph (c)(1) with:
(c) ) [ ] If checked, and subject to the terms and conditions of the solicitation relating to the evaluation of offers, the following procedures will be followed:
(1) When offers are requested on a quantity increment basis, each CLIN will be evaluated for price on a weighted basis.
(i) To be considered for award for any item, prices must be offered for each quantity increment cited. Incremental quantities within which it is anticipated orders are most likely to be issued are assigned the highest weights.
(ii) Offers will be evaluated by multiplying the designated weight by the unit price for each order increment and adding the results. Only one award will be made for each line item. Each delivery order will be issued at the price offered for that increment.
(iii) The weighted average evaluated price will be developed for each item using the formula stated in subparagraphs (A) through (C) below.
INCREMENT |
WEIGHT |
INCREMENT |
WEIGHT |
A |
________ |
D |
_______ |
B |
________ |
E |
_______ |
C |
________ |
F |
_______ |
(A) The weighted average price (for a given item for a given year) will be arrived at as follows:
(Offered unit price) x (increment weight) = weighted unit price (Sum of weighted unit prices) divided by (the sum of the weights) = weighted average price.
(B) (The weighted average price) x (the estimated annual requirement) = estimated annual cost for a given item for a given year.
(C) The sum of the estimated annual costs for a given item for the base year plus any option periods = the total estimated cost for that item.
(End of Provision)
52.216-9014 Area Requirements – Tentative Destinations
As prescribed in 16.506-93(a) insert the following provision:
AREA REQUIREMENTS – TENTATIVE DESTINATIONS (APR 2008) – DLAD
(a) Each item of supply described in this solicitation is identified by a National Stock Number. One or more tentative destinations is/are listed under each item of supply. Each tentative destination designates an area of the Continental United States, excluding Alaska, consisting of certain states, or other geographical locations, as more specifically described below. If offers are solicited on the basis of delivery f.o.b. origin, the tentative destination(s) will be used in the evaluation of offers. Each tentative destination, and the area which it represents, is designated by a separate Contract Line Item Number (CLIN).
(b) Except as otherwise provided by this solicitation, the Government shall order its requirements for each item of supply within the geographic area designated by the tentative destination (CLIN).
(c) The tentative destinations (CLINS) for the supplies set forth covered by this solicitation are as follows:
Item No. (CLIN) |
TENTATIVE DESTINATION |
AREA |
(Will be indicated in the solicitation)
(End of provision)
52.216-9015 Area Requirements- Contiguous U.S.
As prescribed in 16.506-93(b) insert the following clause:
AREA REQUIREMENTS – CONTIGUOUS U.S. (APR 2008) – DLAD
(a) Each item of supply of this solicitation/contract is identified by a National Stock Number (NSN) and a Contract Line Item Number (CLIN). Each CLIN covers the Government’s requirements for item of supply to be delivered within the area of the Contiguous United States, (48 contiguouss states and the District of Columbia.)
(b) Except as otherwise provided by this solicitation/contract, the Government shall order all of its requirements for each item of supply identified in the Schedule, for delivery in the area of the 48 Contiguous United States and the District of Columbia.
(End of clause)
52.216-9016 Intent to Award Against Existing BOA
As prescribed in 16.703(b)(90) insert the following provision:
Intent to Award Against Existing BOA (APR 2008) – DLAD
The government intends to place an order for this requirement on a sole source basis against an existing Basic Ordering Agreement (BOA). Any party interested in responding to this requirement should contact the buyer specified in Block 5, "Issued by" block of the SF 18 for a copy of a complete solicitation package."
(End of provision)
52.216-9017 Single or Multiple Awards
As prescribed in 16.506(f)(92) insert the following clause:
Single or Multiple Awards (APR 2008) – DLAD
(a) In accordance with FAR 52.216-27, Single or Multiple Awards, the Government may elect to award a single task/delivery order contract or to award multiple task/delivery order contracts for the same or similar supplies or services to two or more sources under this solicitation.
(b) Evaluation Criteria for Award: Proposals will be evaluated in accordance with the evaluation provision(s) specified in the solicitation. In the event of multiple awards, the same evaluation criteria will be used to determine which proposals represent the best value to the Government. The exact number of awards is left to the discretion of the Contracting Officer based on the best interest of the Government, considering factors such as the administrative burden to the Government to administer multiple awards, the recurring nature of the requirement, the need to increase the active production base for military requirements, and the benefits that may be achieved through order-level competition.
(c) Task/Delivery Order Placement Procedure: In the event of multiple awards, each awardee will be provided an opportunity to compete for individual task/delivery orders unless an exception at FAR 16.505(b)(2) applies. However, all testing and approval requirements, such as, but not limited to, first article testing, shall be satisfactorily completed prior to participating in order competition. Requests for order proposals may be transmitted to awardees by electronic, facsimile or oral means. The Contracting Officer shall establish a common cut-off date for the submission of proposals. As a minimum, evaluation criteria for order placement will include price. The Government reserves the right to consider additional factors such as past performance on earlier orders under the contract, quality, timeliness, cost control, and delivery. The request for order proposals will specify the evaluation factors
(d) Conditional Award on Alternate Offer. The Government reserves the right to include amongst the multiple awardees any offeror who has submitted an alternate offer that has not yet been approved, but which has a reasonable likelihood of being approved within 180 days. This award would be a conditional award by which the alternate offeror would only be eligible to compete for orders in the event that the alternate offer is approved. The purpose of this conditional award is so that award to known acceptable sources to the Government is not delayed pending review of the alternate offer. In the event that the alternate offer is subsequently approved, and any required first article test is successfully completed and approved, that offeror will be eligible to compete for all subsequent task/delivery orders. In the event that the alternate offer is rejected, the conditional award will be subject to a no-fault termination at no cost to the Government. For alternate offer items, the Government reserves the right to impose first article test if recommended by the Engineering Support Activity. In such cases, the modification finalizing the award will also add the first article requirement. From the time the modification is issued, the contractor is legally bound to perform on delivery orders and shall comply with all terms and conditions of the contract.
(e) The competition advocate at each contracting activity/office (as defined in DLAD 2.101) shall act as the activity task and delivery order contract ombudsman pursuant to FAR 16.505(b)(5). The ombudsman shall attempt to resolve contractor complaints relative to placement of individual task and delivery orders at the local level. Complaints which cannot be so resolved will be resolved by the DLA competition advocate. Task/delivery order complaints must specify they are being filed pursuant to FAR 16.505.
(End of clause)
52.216-9018 Alternate Offer Conditional Award
As prescribed in 16.105-91 insert the following provision:
ALTERNATE OFFER CONDITIONAL AWARD (APR 2008) – DLAD
Award of this contract is on a conditional basis pending review and approval of your alternate offer. Once a decision is made on the acceptability of your item, this award will be modified to either remove the conditional status and modify the contract accordingly or terminate the contract on a no fault basis at no cost to the Government.
(End of Provision)
52.216-9019 Area Requirements – East and West of Mississippi
As prescribed in 16.506-94 insert the following provision:
AREA REQUIREMENTS – EAST AND WEST OF MISSISSIPPI (APR 2008 C&E) – DLAD
(a) Each item of supply in the Schedule is designated by a National Stock Number (NSN). Each NSN is listed under two Contract Line Item Numbers (CLINS), one odd (e.g. CLIN 0003) and one even (e.g. CLIN 0004). The odd numbered CLINS represent the Government’s requirements for the item of supply in the area of the Continental United States East of the Mississippi River. The even numbered CLINS represent the Government’s requirements for the item of supply in the area of the Continental United States West of the Mississippi River, excluding Alaska.
(b) Except as otherwise provided by this solicitation/contract, the Government shall order from the Contractor who is awarded the odd-number CLIN for each item of supply all of its requirements for the CLIN within the Continental Limits of the United States East of the Mississippi River; and, except as otherwise provided by this solicitation/contract, the Government shall order from the Contractor who is awarded the even-number CLIN for each item of supply all of its requirements for the CLIN within the Continental United States West of the Mississippi River, excluding Alaska.
(c) For ease of identification and evaluation for award, CLINs are assigned Arabic numerals and LOTS, if applicable, are assigned Roman Numerals. Further, odd numbered CLINS (e.g., 0001, 0003, 0005, etc.) are grouped in odd numbered Roman Numeral LOTs, (e.g., I, III, V, etc.) and even numbered CLINS are grouped in even numbered Roman Numeral LOTS.
(End of Provision)
52.216-9020 Prime Vendor Requirements
As prescribed in 16.506-95 insert the following clause:
PRIME VENDOR REQUIREMENTS (APR 2008 MEDICAL) – DLAD
In accordance with FAR 52.216-21 (c), the requirements covered by this contract are hereby defined. Requirements under this contract are items, for the ordering facilities specifically identified in the solicitation, that are brand name specific items (including generic and house labels) covered either by Distribution and Pricing Agreements (DAPAs) or Indefinite Delivery contracts established with manufacturers/suppliers specifically to support prime vendor contracts. The following provisions are applicable to these requirements:
(a) The Government is not required to, but may, place orders under this contract for items available from Government depot stock.
(b) The Government is not required to, but may, place orders under this contract for items which are normally available under the DSCP Medical Electronic Commerce Program.
(c) When the contractor cannot fill a routine order under this contract due to manufacturer’s backorder, the Government will be advised within two hours after order placement. The Government will have the right to cancel the order and place the order with another source.
(d) When the Government has an emergency order the contractor will advise, within twelve hours after picking up the order from VAN, whether or not the order can be filled within the required timeframe. If the contractor cannot fill the order, the Government has the right to cancel the order under this contract and place the order with another source.
(e) The Government is not obligated to place orders under this contract for items covered by FAR Part 8, Required Sources of Supplies and Services.
(f) The Government is not obligated to place orders under this contract for items normally available through the DSCP National mail Order Pharmacy Program.
(End of clause)
52.216-9022 Placement of Task/Delivery Orders Against Multiple Indefinite Delivery Contracts
As prescribed in 16.505(b)(90) insert the following clause:
PLACEMENT OF TASK/DELIVERY ORDERS AGAINST MULTIPLE INDEFINITE DELIVERY CONTRACTS (APR 2008) – DLAD
(a) In accordance with FAR 52.216-27, Single or Multiple Awards, the Government may elect to award multiple contracts under this solicitation. Proposals will be evaluated in accordance with the evaluation provision(s) specified in Section M of this solicitation. In the event of multiple awards, the same evaluation criteria will be used to determine which proposals represent the best value to the Government. The exact number of awards is left to the discretion of the Contracting Officer considering the cost to the Government to administer multiple awards, the recurring nature of the requirement, the need to increase the active production base, and/or the benefits that may be achieved through continued competition.
(b) Task/Delivery Order Placement Procedure:
(1) In the event of multiple awards, each awardee will be considered for placement of individual task/delivery orders unless an exception at FAR 16.505(b)(2) applies. However, those awardees subject to testing and approval requirements, such as, but not limited to, First Article Testing, shall not receive orders until satisfactory completion of any testing requirements. Failure to successfully complete required testing will constitute grounds for contract termination for default by the Government.
(2) The criteria used for evaluating offers for task/delivery orders under this contract are price, past performance, and delivery. Price is of ________ importance than (to) the other factors combined. Past performance will include performance on orders previously placed under the contract and may include performance under other contracts. In evaluating performance under previous orders, consideration will be given to delivery, quality of supplies furnished, and success in implementing any socioeconomic support programs (small business, DLA Mentoring Business Agreement, AbilityOne) which may be applicable to the contract.
(c) Task and Delivery Order Ombudsman: In accordance with FAR 16.505(b)(5), complaints or questions regarding the placement of individual task/delivery orders will be addressed by the Competition Advocate. Correspondence should be directed to the appropriate supply chain listed below:
For Aviation Supply Chain:
Defense Supply Center Richmond
Competition Advocate
DSCR-BPP
8000 Jefferson Davis Hwy
Richmond, VA 23297-5124
E-Mail: DSCR.CompetitionAdvocate@dla.mil
http://www.dscr.dla.mil/userweb/sbo/comments.asp
For Construction & Equipment, Clothing & Textile, Subsistence, and Medical Supply Chains;
Defense Supply Center Philadelphia
Competition Advocate
DSCP-BPA
700 Robbins Avenue
Philadelphia, PA 19111-5096
Email: paa8053@dscp.dla.mil
http://www.dscp.dla.mil/contract/compad.htm
For Land & Maritime Supply Chains:
Defense Supply Center Columbus
Competition Advocate
DSCC-BPP
P.O. Box 3990
Columbus, OH 43218-3990
E-mail: CompetitionAdvocate@dscc.dla.mil
http://www.dscc.dla.mil/selling/index.html
(End of Clause)
52.216-9023 Additional Ordering Limitation
As prescribed in 16.506(91)(e) insert the following clause:
ADDITIONAL ORDERING LIMITATION (APR 2008) – DLAD
(a) The Government shall not be required to order under this contract any quantity of an item of supply, of which the Contractor has failed to make timely delivery on:
(1) a previous order issued under this contract, or
(2) on a contract or order separate and apart from this contract, unless the Contracting Officer determines that the failure to make timely delivery under the previous delivery order, or other contract or order, was due to causes beyond the control and without the fault or negligence of the Contractor within the meaning of the clause entitled "Default.
(b) The Government may exercise its right under this clause until such time as the Contractor cures its late delivery status with respect to the item of supply, or until the delivery order, contract or order separate from this contract is terminated or otherwise placed in a current or timely status. This provision shall not be construed as a waiver by the Government of its right of termination by default or any other of its rights contained in the contract.
(End of Clause)
52.216-9024 Adjustment to Ordering Period
As prescribed in 16.506(91)(f) insert the following provision:
ADJUSTMENT TO ORDERING PERIOD (APR 2008) – DLAD
(a) The ordering period established in FAR Clause 52.216-18 is based upon the assumption that an award will be made by _________. The ordering period specified in 52.216-18 will be extended by the number of calendar days after the date that the contract is, in fact, awarded.
(b) If the acquisition contains a partial small business set-aside, the ordering period for the set-aside portion of the contract may be less than the number of days stated in FAR Clause 52.216-18. The expiration period of the set-aside portion will not exceed that of the unrestricted portion. The ordering clause will be adjusted at the time of award.
(End of Provision)
52.216-9025 Invoices for Delivery Orders
As prescribed in 16.506(96) insert the following clause:
INVOICES FOR DELIVERY ORDERS (JUN 2008) – DLAD
Invoice(s) must cite the Delivery Order Number exactly as shown in Block 2 of the DD Form 1155.
(End of Clause)
52.216-9026 Pricing of Delivery Orders with Quantity Increments
As prescribed in 16.506-96(b) insert the following clause:
PRICING OF DELIVERY ORDERS WITH QUANTITY INCREMENTS (JUN 2008) – DLAD
(a) In pricing delivery orders requiring delivery of one NSN to multiple destinations, the price for each destination will be determined as follows, depending on the box checked:
☐ (1) The quantity range price based on the total quantity of the NSN being procured under each delivery order regardless of destination; or
☐ (2) The total quantity being shipped to all destinations within each zone as defined elsewhere in this contract.
(b) If this solicitation/contract contains a provision for placement of orders through an electronic ordering system, unit prices for those orders will be determined as follows, depending on the box checked:
☐ (1) The total quantity of all requirements for each NSN issued via the electronic ordering system in a single day, regardless of the number of individual orders; or
☐ (2) The quantity of each individual order.
(c) The minimum quantity to be ordered, per destination, will be the minimum ordering range quantity if specified in section B of the solicitation/contract for each item.
(End of Clause)
52.217-9000 Data pricing, evaluation, and award.
As prescribed in 17.7692, insert the following provision:
EVALUATION AND AWARD (OCT 1982) - DLAD
(a) If the offeror does not indicate a charge for data, the Government will consider and the offeror agrees that the data charge is included in the price of the end item. The Government reserves the right to waive one or more data CLINs in evaluating each offer and in awarding the contract, as the best interests of the Government may require. Each offer will be evaluated on the basis of only those data CLINs required of that offeror.
(b) Separate awards will not be made for data CLINs.
(End of provision)
52.217-9001 Option to extend the term of the contract - separate firm fixed price & fixed price with economic price adjustment portions.
Pursuant to 17.203(d), insert the following or similar clause:
OPTION TO EXTEND THE TERM OF THE CONTRACT - SEPARATE FIRM FIXED PRICE & FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT PORTIONS (JULY 1996) DLAD
(a) The Government may extend the term of this contract by written notice to the contractor no later than ____ days prior to the expiration of the contract; provided, that the Government shall give the contractor a preliminary written notice of its intent to extend at least ____ days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision. Each exercise of this option, if any, will extend the term of this contract by [number of months, weeks, etc]. The total duration of this contract, including the exercise of any options under this clause, shall not exceed [number of months, weeks, etc].
(c) The offeror agrees to furnish during the option period those items cited in the schedule that are subject to economic price adjustment (EPA), at unit prices made up of two portions:
(1) a portion applicable to the purchase costs of the specific material subject to the EPA, at the dollar value per unit in the award, modified by any adjustment under the EPA of this clause contract, and
(2) the (remaining) firm fixed price portion of the price for the same contract line item, using the applicable amount for each option period [Note] .
(End of Clause)
(Note) Insert herein either:
(1) the words "using the applicable amount cited in the schedule", or (when the contracting officer decides that circumstances warrant, e.g., the award will cover only one or several items),
(2) the additional wording and table quoted below, or similar wording (in lieu of using the provision at 52.214-9001 not only for the basic performance period, but also to identify in the schedule, the firm fixed price portion of the price for each option line item).
"as follows:
ITEM OPTION OPTION OPTION OPTION
NUMBER PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4"
52.217-9002 Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.
As prescribed in 17.7501(b)(3), insert the following provision:
CONDITIONS FOR EVALUATION AND ACCEPTANCE OF OFFERS FOR PART NUMBERED ITEMS
(Jan 2008) - DLAD
(a) The product described in the acquisition identification description (AID) of this solicitation is that product which the Government has determined to be acceptable. All Offerors shall indicate below, or through an alternative means in an electronic quoting system, whether they are offering an “exact product,” an “alternate product” (which includes a “previously reverse-engineered product”), a “superceding part number,” or a “previously-approved product;” and shall furnish the data required for whichever is applicable. (To determine which type of product to indicate, Offerors must refer to the criteria in subparagraphs (b)-(e) of this provision, respectively.) Any product offered must be either a product cited in the AID; or be physically, mechanically, electrically, and functionally interchangeable with a product cited in the AID, including additional requirements referred to in the AID, if any.
o Exact Product – Applies to CLIN(s): . . . . . . . . . . . . . . . . . . . . . . . . . . .
o Alternate/Previously Reverse-Engineered Product – Applies to CLIN(s):
o Superceding Part Number – Applies to CLIN(s): . . . . . . . . . . . . . . . . . .
o Previously-Approved Product – Applies to CLIN(s): . . . . . . . . . . . . . . . .
(b) “Exact product.”
(1) “Exact product” means a product described by the name of an approved source and its corresponding part number, as currently cited in the AID; modified (if necessary) to conform to any additional requirements set forth in the AID; and manufactured by, or under the direction of, that approved source. If an Offeror indicates that an “exact product” is being offered, the Offeror must meet one of the descriptions in subparagraphs (i)-(iv) below. (Any Offeror not meeting one of these descriptions is not considered to be offering “exact product;” even though the item may be manufactured in accordance with the drawings and/or specifications of an approved source currently cited in the AID.) For any Offeror other than the manufacturer cited in the AID, the Contracting Officer may request evidence to demonstrate technical acceptability of the supplies offered. Evidence requested will generally include information tracing the supplies back to the original equipment manufacturer or its authorized distributor. At a minimum, evidence must be sufficient to establish the identity of the product and its manufacturing source. The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If an Offeror fails to provide the requested evidence/information or provides information that the Contracting Officer finds unacceptable, its offer may be rejected without further consideration under this solicitation.
(i) An approved source currently cited in the AID offering its corresponding part number as cited in the AID;
(ii) A dealer/distributor offering the product of an approved source that meets the description in subparagraph (i) above;
(iii) A manufacturer who (A) produces the offered item under the direction of an approved source currently cited in the AID; and (B) has authorization from that approved source to manufacture the item, identify it as that approved source’s name and part number, and sell the item directly to the Government. If requested by the Contracting Officer, the Offeror must provide documentation to demonstrate such authorization, or other evidence of technical acceptability such as information that traces the supplies back to the original equipment manufacturer. Such evidence could be documentation obtained directly from the approved source or identification on a Web site maintained by the approved source confirming that the manufacturer is an acceptable source for the item identified by that approved source’s name and part number. If evidence cannot be obtained directly from the approved source, this does not necessarily preclude acceptance of the offer, if the Offeror provides adequate documentation or other evidence allowing the Contracting Officer to determine the approved source has oversight of and involvement in the manufacturing process.
(iv) A dealer/distributor offering the product of a manufacturer that meets the description in subparagraph (iii) above. If requested by the Contracting Officer, the Offeror/Contractor must provide documentation that demonstrates such authorization or other evidence of technical acceptability such as information that traces the supplies back to the original equipment manufacturer or its authorized distributor. Such evidence could be documentation obtained directly from the approved source or identification on a Web site maintained by the approved source confirming that the item being offered is produced by a manufacturer that is an acceptable source for the item identified by that approved source’s name and part number. If evidence cannot be obtained directly from the approved source or manufacturing source, this does not necessarily preclude acceptance of the offer, if the contracting officer can adequately document that the approved source has oversight of and involvement in the manufacturing process by other means.
(2) When the AID identifies the item being acquired as a critical safety item (CSI), offers of exact product will be evaluated in accordance with 52.211-9005.
(c) “Alternate product.”
(1) The Offeror must indicate that an “alternate product” is being offered if the Offeror is any one of the following:
(i) An Offeror who (A) manufactures the item for an approved source currently cited in the AID; and (B) does not have authorization from that approved source to manufacture the item, identify it as the approved source part number, and sell the item directly to the Government;
(ii) A dealer/distributor offering the product of a manufacturer that meets the description in subparagraph (i) above;
(iii) An Offeror of a previously reverse-engineered product that is not currently cited in the AID; or
(iv) Any other Offeror who does not meet the criteria in subparagraphs (b)(1), (d), or (e) of this provision.
(2) If an alternate product is offered, the Offeror shall furnish with its offer legible copies of all drawings, specifications, or other data necessary to clearly describe the characteristics and features of the alternate product being offered. Data submitted shall cover design, materials, performance, function, interchangeability, inspection and/or testing criteria, and other characteristics of the offered product. If the offered product is to be manufactured in accordance with data the Offeror has obtained from elsewhere within the Government, the Offeror shall either furnish the detailed data specified in this paragraph, or supply a description of the data package in its possession; i.e., basic data document and revision, the date the data was obtained and from whom (Government agency/activity). If the Offeror does not furnish the detailed data with its offer, the Contracting Officer will be unable to begin evaluation of the offered product until such time as the detailed data can be obtained from the Government agency/activity possessing the data. If the alternate product is a previously reverse-engineered product, the Offeror shall provide: traceability documentation to establish that the offered item represents the item specified in the AID (i.e., invoice from an approved source or submission of samples having markings of an approved source); number of samples that were examined; the process/logic used; raw data (measurements, lab reports, test results) used to prepare drawings or specifications for the offered item; any additional evidence that indicates the reverse-engineered item will function properly in the end item; and any evidence that life cycle/reliability considerations have been analyzed.
(3) In addition, the Offeror may be required to furnish data describing the “exact product” cited in the AID. The data required from the Offeror depends on the level of technical data describing the exact product, if any, available to the Government. The possible levels of technical data the Government may have and the corresponding data submission requirements for Offerors are identified in subparagraphs (a)-(d) below. For the item(s) being acquired under this solicitation, the level of data in the Government’s possession and the corresponding requirements for data submission are identified in the AID; or, if not specified in the AID, are as follows: [buyer insert (a), (b), (c), or (d), as applicable, if AID does not identify]. (If the level of data in the Government’s possession and Offeror requirements for data submission are not identified in either the AID or in this subparagraph (c)(3), then subparagraph (a) below applies.)
(a) No data: This Agency has no data available for evaluating the acceptability of alternate products offered. In addition to the data required in subparagraph (c)(2) of this provision, the Offeror must furnish drawings and other data covering the design, materials, etc., of the exact product cited in the AID, sufficient to establish that the Offeror's product is equal to the product cited in the AID.
(b) Adequate proprietary (i.e., limited rights) data: This Agency possesses adequate drawings and/or specifications for the exact product as cited in the AID, but such data are proprietary (i.e., limited rights) and shall be used only for evaluation purposes. The Offeror must furnish the data required in subparagraph (c)(2) of this provision, but is not required to submit data on the exact product.
(c) Inadequate data: This Agency does not have adequate data available for evaluating the acceptability of alternate products offered. In addition to the data required in subparagraph (c)(2) of this provision, the Offeror must furnish drawings and other data covering the design, materials, etc., of the exact product cited in the AID, sufficient to establish that the Offeror's product is equal to the product cited in the AID.
(d) Adequate catalog data: This is a commercial off-the-shelf item. Adequate catalog data are available at the contracting office to evaluate alternate offers. In addition to the data required in subparagraph (c)(2) of this provision, the Offeror must furnish with its offer a commercially-acceptable cross reference list; or legible copies of all drawings, specifications or other data necessary to clearly describe the characteristics and features of the alternate product being offered, sufficient to establish that the Offeror’s product is equal to the product cited in the AID. The Offeror is not required to submit data on the exact product.
(4) Except for indefinite delivery purchase orders (IDPOs), if this solicitation is automated (i.e., if the solicitation number begins with SPE; or begins with SP0 and contains “T” or “U” in the ninth position of the procurement instrument identification number (PIIN)), the Contracting Officer will not evaluate offers of alternate product (which includes offers of previously reverse-engineered product) for the current procurement. Instead, the Offeror shall submit a request to the location below for evaluation of the alternate product’s technical acceptability for future procurements of the same item. The request for evaluation shall cite the National Stock Number (NSN) of the exact product and, as identified in this provision, include the applicable level of technical data on the alternate and exact products. All offers of alternate product will be handled in accordance with DLAD 17.7501(b)(4).
(i) For solicitation numbers beginning with SPE7 or SPE9; or beginning with SP0 and
containing “T” or “U” in the ninth position of the PIIN:
Defense Supply Center Columbus
Directorate of Procurement
Alternate Offer Monitor, DSCC-BPI
PO Box 3990
Columbus, OH 43218-3990
(ii) For solicitation numbers beginning with SPE4; or beginning with SP0 and
containing “T” or “U” in the ninth position of the PIIN:
Defense Supply Center Richmond
Office of the Competition Advocate
ATTN: DSCR-DU
8000 Jefferson Davis Highway
Richmond, VA 23297-5100
(iii) For solicitation numbers beginning with SPE5; or beginning with SP0 and
containing “T” or “U” in the ninth position of the PIIN:
Defense Supply Center Philadelphia
ATTN: Richard A. Ryons, DSCP-NASA
700 Robbins Avenue
Philadelphia, PA 19111-5096
(d) “Superceding part number.”
(1) The Offeror must indicate that a “superceding part number” is being offered if the offered item otherwise qualifies as an “exact product,” except that the part number cited in the AID has been superceded. The Offeror may be requested to furnish data, or provide confirmation through some other means, sufficient to establish that there are no changes in the configuration of the part. However, if such data are unavailable, the Offeror may be required to furnish technical data as required in paragraph (c) for “alternate products.” (If such data indicate there have been changes in the configuration of the part, the offered item must be identified as an “alternate product.”)
(2) For solicitation numbers beginning with SPE, any data to be furnished with an offer of a “superceding part number” should be mailed to the buyer at the procuring activity address on the solicitation. (Uploading the information with the quotation, or including it in the “Remarks” section, will make the offer a “bid with exception,” causing it not to be evaluated.)
(e) “Previously-approved product.”
(1) If the product offered has previously been furnished to the Government or otherwise previously evaluated and approved, the Offeror shall indicate in the space provided below, or through an alternative means in an electronic quoting system, the contract and/or solicitation number under which the product was furnished or approved.
CLIN NR (s)_______________________have been previously furnished or evaluated and approved under contract/solicitation number ____________________________.
(2) If the product was furnished or evaluated and approved by a contracting activity different from the one issuing this solicitation, Offerors are advised that the Contracting Officer may not have access to records of another activity or other information sufficient to reasonably determine the offered product’s acceptability. Therefore, in order to ensure that adequate data is available for evaluation, Offerors may elect to furnish with their offer the information requested by subparagraph (b) or (c) of this provision, whichever is applicable for the offered product. Offerors are advised that if the additional data is not furnished, the Government may not be able to evaluate the offer. (For solicitation numbers beginning with SPE, the information should be mailed to the buyer at the procuring activity address on the solicitation. Uploading the information with the quotation, or including it in the “Remarks” section, will make the offer a “bid with exception,” causing it not to be evaluated.)
(f) For all types of offers (“exact product,” “alternate product,” “superceding part number,” or “previously-approved product”), Offerors shall provide the Contractor and Government Entity (CAGE) Code of the manufacturer and the part number being offered for each item in the solicitation.
(g) Failure to furnish adequate data and/or information as prescribed in subparagraph (b), (c), (d) or (e) of this provision (when required for the current procurement) within 10 business days or less, or as otherwise required by the Contracting Officer or elsewhere in this solicitation, may preclude consideration of the offer. For automated procurements, it is the responsibility of the Offeror when offering a “superceding part number” or a “previously-approved part number” to ensure that supporting documentation arrives at the contracting activity within 2 business days after the data is requested, or the offer may not be considered. The Agency will make every effort to determine, prior to award, the acceptability of the products offered which meet the dollar savings threshold shown below, and/or which have a reasonable chance to receive an award. Generally, the Agency will not evaluate alternate offers not meeting the dollar threshold. The savings potential is based on the cost of evaluation ($200.00 if only a local technical evaluation is involved, plus an additional $1,500.00 for each required Engineering Support Activity evaluation). If the time before proposed award does not permit evaluation and delay of award would adversely affect the Government, alternate offers will not be considered for the current procurement. Instead, they will be evaluated for technical acceptability for future procurements of the same item, if adequate data is submitted, as stipulated above. When an alternate offer will not be considered for the current procurement, the Contracting Officer may request that the Offeror, at its discretion, provide a sample product for testing and evaluation in addition to the data required in this provision. Although not mandatory, Offerors are encouraged to provide the sample. This may facilitate the post-award evaluation and, if the alternate product is approved, increase the likelihood of its being added to the acquisition identification description in time for the next acquisition of the item.. The Offeror shall not submit a sample product until requested to do so. The testing of the sample product will be done at a testing facility; therefore, the shipping instructions will be provided with the request Unless otherwise specified in the solicitation, samples shall be submitted at no expense to the Government, may be damaged or destroyed during testing, and consequently may not be returned to the offeror; samples that are not damaged or destroyed will be returned only at the Offeror’s request and expense. For alternate offers not evaluated, the Offeror’s complete technical data package will be returned.
(h) If Offerors desire to restrict the Government's use of data submitted for evaluation, the data must bear the appropriate legends as prescribed by FAR 52.215-1(e). In the event an award is made to an Offeror submitting data without the appropriate legend, the Government will have unlimited rights to its use as defined in DFARS 252.227-7013.
(i) It is the Government that determines if the documentation or other evidence furnished by an Offeror is adequate to satisfy the requirements in this provision. The Contracting Officer may at any time, pre-award or post-award, request evidence of the technical acceptability of the supplies offered in response to this solicitation. At a minimum, evidence must be sufficient to establish the identity of the product and its manufacturing source. The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer requests evidence from a Contractor who received an award resulting from this solicitation and the Contracting Officer subsequently finds the evidence to be unacceptable, or if the Contractor fails to provide the requested evidence, the award may be cancelled.
(End of provision)
52.217-9003 Manufacturing or production information.
As prescribed in 17.7302(f), a provision substantially as follows shall be inserted in negotiated solicitations:
MANUFACTURING OR PRODUCTION INFORMATION (FEB 1996) DLAD
If offers are submitted which fail to provide the actual manufacturing/production source(s) for the item(s) offered, or, if such information is provided but restricted from disclosure (by the inclusion of the FAR 52.215-12 legend or any other proprietary or confidentiality restriction) such offers may be rejected as technically unacceptable. This provision does not apply to commercial items.
(End of provision)
52.217-9004 Reopener Clause - Cost of Specified Direct Materials/Other Direct Cost Item.
The following clause, or as modified, may be used as prescribed in 17.9205:
REOPENER CLAUSE - COST [Note 1] - SPECIFIED [Note 2] ITEM (JAN 1995) - DLAD
(a) At the time the price for this contract was established, the amount of costs anticipated in the performance of this contract could not be established with any reasonable certainty, due to [Note 3] .
(b) To achieve an award in the face of this uncertainty, it was agreed that:
(1) The contract prices for the contract line item numbers (CLINs) designated in (4) below were based in part on [Note 4] ,
(2) The direct cost shown in (1) above was used in determining the amounts identified in (4) below attributable to this contingency, which were included in the contract prices for such CLINs, and which amounts serve as the basis for any price adjustments under this clause.
(3) Within 30 days from [Note 5] , the Contractor shall submit, using SF form 1411, its calculations of the revised CLIN prices identified in (4) below,
(4) Pending such submission, the following contingent amounts for direct costs plus associated indirect costs and profit for the item identified in paragraph (a) were incorporated into the contract unit prices at time of award (basic and any options) for this item:
Amount for Item in
CLIN # CLIN Unit Prices
__________ $ [Note 6]
__________ $ [Note 6]
__________ $ [Note 6]
(c) The Contractor warrants that the CLIN unit prices do not include any other allowance applicable to the cost of the item except as stated in subparagraph (b)(4) above.
(d) Subject to any restrictions of this clause, the price of this contract is subject to adjustment, calculated as exemplified below, at any time during contract performance that the weighted average unit price the Contractor will pay/has paid for the total amount of the item required in the performance of this contract differs from the amount identified in subparagraph (b)(1) above:
(1) Assume:
Weighted average item price/unit
included in contract award
prices (basic + any options) = $1.450000
Actual average item price/unit = $1.305000
Item total amount in CLIN 0001A = $0.200000
Item total amount in CLIN 0001B = $0.210000
(2) Calculate actual item unit price reduction:
($1.450000 - $1.305000) = $0.145000
(3) Calculate percent reduction:
($0.145000/$1.450000) = 10.000000%
(4) Calculate reduction in CLIN unit prices:
CLIN 0001A (10.000000% x $0.200000) = $0.020000
CLIN 0001B (10.000000% x $0.210000) = $0.021000
Note: Numbers in all calculations and results shall be rounded off (if 4 or less) or up (if 5 or more) after the sixth decimal place as shown above.
(e) The Contractor shall obtain the Contracting Officer's approval in writing prior to the award on other than a competitive basis of any subcontract or purchase order for any portion of the contract requirements for the item, based on its submission to the Contracting Officer of:
(1) Cost or pricing data (FAR 15.401), and a Certificate of Current Cost or Pricing Data (FAR 15.406-2) submitted by the prospective Subcontractor and Contractor, unless excepted pursuant to FAR 15.403-1.
(2) The Contractor's analysis of the Subcontractor's proposal,
(3) A memorandum detailing the principal elements, considerations, and results of negotiations of a tentative price with the prospective Subcontractor,
(4) A request for approval of the planned subcontract award.
(f) Promptly upon initial placement and any subsequent revision of subcontracts/purchase orders for the item requirements of this contract, the Contractor shall furnish a copy of such documents to the Contracting Officer, along with its calculation of any initial (downward only) or subsequent (upward or downward) price adjustment required by this clause and any other data required by the Contracting Officer to verify the item cost.
(g) Any initial price adjustment (downward only) is subject to further adjustment (upward or downward) pursuant to paragraph (f) in the event of changes in the total weighted average price actually paid by the Contractor for the quantity of the item required in the performance of this contract, except that in no event shall a weighted average item unit cost exceeding that cited in paragraph (a) be utilized in adjustments pursuant to this clause.
(h) Promptly upon contract completion, the Contractor shall furnish the Contracting Officer a copy of vendor invoices covering the total amount of the item utilized in the performance of this contract, any contract price recalculation required by this clause, and any other data required by the Contracting Officer to verify the final weighted average actual item cost under this contract.
(i) Should the Contractor fail to submit any information required by this clause or if there is no agreement on any adjustment hereunder, the Contracting Officer may make a unilateral determination and modify the contract accordingly. Failure to agree with such change in the contract price shall be resolved in accordance with the Disputes clause of this contract.
(j) The Contractor shall include a statement on the final invoice that all price reductions required by this clause are reflected in the cumulative amount invoiced under this contract.
(End of Clause)
Note 1: The clause as shown is designed to ultimately allow for a downward only adjustment, normally from the Contractor's proposed cost. As such, the word "DECREASE" would be in the clause title. In the event no restriction is to be placed on the direction of the ultimate adjustment, the following changes are required to the clause:
(1) Title--insert "ADJUSTMENT" vice "DECREASE"
(2) Paragraph (f)--delete "(downward only)"
(3) Paragraph (g)--delete "(downward only)" and balance of sentence beginning with "except that."
Note 2: Complete the title with "DIRECT MATERIALS" or "OTHER DIRECT COST" as applicable.
Note 3: Describe the contingency which caused use of the reopener clause, explain why it occurred, and why it can't be resolved before contract award. For example:
(1) The anticipated delay until November 200_ in the Contractor's submission of cost data proposal and evaluation of a planned noncompetitive subcontract for the injector assembly;
(2) The unwillingness of the peanut butter suppliers to furnish firm quotes for deliveries beyond the current 90 day period due to uncertainties in the cost of peanuts arising from the unprecedented drought conditions and resulting shortfall in the peanut crop experienced last year; or,
(3) The potential for a substantial change in the Government's total requirements under this indefinite delivery contract, which determines the incremental premium amount the Contractor must pay for product liability insurance.
Note 4: Enter a description of the item or service to be provided, its unit price and terms, define it for purposes of this clause as "the item," and include a reference as appropriate to allow identification of the source of the price (e.g., the Contractor's request for quote number or purchase order number and date). Sample wording corresponding to the examples in Note 3 are:
(1) A $4.2 million "not to exceed" budgetary estimate, F.O.B. origin, provided in a 14 March 199 response (reference RFQ 1475885) from the sole source supplier of the injector assembly (hereafter referred to as "the item");
(2) An estimated $1.75 per lb cost based on firm 90-day only quotes averaging $1.4500 per lb, F.O.B. origin, submitted in January 200_ by three suppliers RFQ #7979-9101) of peanut butter in 55 gallon drums (hereafter referred to as "the item");
(3) An annual premium of $5.00 per unit for product liability insurance (hereafter referred to as "the Item") from the Contractor's current insurance policy (#895545-501), which is subject to a reduction to $4.75 per unit after the first two million deliveries, and $4.25 after sales of four million units.
(Since a vendor name may be considered to be confidential by the Contractor, it should not be incorporated into a reopener clause or otherwise included in the contract.)
Note 5: Insert an appropriate description of the date for determining when submission of the reopener proposal is required, such as "contract award."
Note 6: Enter the total dollar value/CLIN unit price subject to downward adjustment. These amounts should be reached through preaward discussions/negotiations and agreement with the contractor on how this amount was calculated. It is suggested a schedule of calculations as exemplified below be prepared for each affected CLIN, signed by both parties, and included as an attachment to the price negotiation memorandum. Absent such agreement, calculations supporting the Contracting Officer's interpretation of negotiations should be incorporated. Since such information may be considered confidential by the Contractor, the details should not be incorporated into a reopener clause or otherwise included in the contract:
Contract Price Calculations (CLIN # ):
FY 200 FY 200
Purchase Cost/Unit of the Item (a) $ _____________ $ _____________
Quantity of Item/Unit of CLIN (b) _____________ _____________
Item Cost/Unit of CLIN (a x b) $ _____________ $ _____________
Material Overhead ( % / %) _____________ _____________
Subtotals $ _____________ $ _____________
G & A ( % / %) _____________ _____________
Subtotals $ _____________ $ _____________
Subtotals $ _____________ $ _____________
Profit ( % / %) _____________ _____________
Cost of Money - Material ( % / %) _____________ _____________
Cost of Money - G & A ( % / %) _____________ _____________
Subtotals $ _____________ $ _____________
(each contractor FY)
Total Price/Unit of CLIN $ ________________
(Assumes CLIN overlaps two Fys)
52.217-9005 Reopener clause - pending indirect rates proposal.
The following clause, or as modified, may be used as prescribed in 17.9205:
REOPENER CLAUSE - PENDING INDIRECT RATES PROPOSAL (JAN l995) - DLAD
(a) At the time the price for this contract was established, agreement could not be reached on indirect expense rates due to [Note 1] . However, agreement was reached that [Note 2] of the contract price is subject to adjustment in accordance with the provisions of this clause.
(b) Within 30 days from [Note 3] , the Contractor shall submit an indirect cost rate proposal to the cognizant administrative contracting officer. Simultaneously, the Contractor shall submit a supplemental proposal to the procuring Contracting Officer for purposes of adjusting the contract price and option price, whether or not such option has been exercised. The supplemental proposal shall (1) use the methodology, direct costs, and profit indicated in paragraph (a), (2) be supported by cost or pricing data (FAR 15.401), and a Certificate of Current Cost or Pricing Data (FAR 15.406-2), and (3) include the effect of accounting system changes and contract modifications which may impact the amount of the adjustment. In no event will an upward adjustment result in a finalized contract price which exceeds $ .
(c) If determined necessary by the Contracting Officer, the Contractor agrees to commence negotiations concerning the amount of the adjustment within 30 days after receipt of the supplemental proposal by the Government.
(d) Should the Contractor fail to submit the information in paragraph (b), or should there be no agreement as to the amount of the price adjustment contemplated by this clause, then the Contracting Officer may make a unilateral determination and modify the contract accordingly. Failure to agree with such change in the contract price shall be resolved in accordance with the Disputes clause of this contract.
(e) The Contractor warrants that the contract price does not include any other allowance for the indirect rate contingency except as shown above.
(f) Should information after award indicate the amount developed in paragraph (a) may vary significantly from the finalized price, the contract price shall be adjusted downward or upward, subject to the ceiling in paragraph (b), through negotiation.
(End of Clause)
Note 1: Enter a description of why the reopener clause was included in the contract, such as:
(1) Delay in the Contractor's submission of its revised forward pricing rate proposal for fiscal year 200_;
(2) Delay in agreement on rates for this contract, which represents a substantial portion of the Contractor's business base for fiscal year 200_;
(3) Delay in completion of the mandatory IR&D/B&P advance agreement with the Contractor or agreement on the Contractor's corporate allocation for fiscal year 200_, and a determination of its impact on projected indirect expense rates; or,
(4) The absence of agreement on the impact on projected indirect expense results of a pending review of the Contractor's corporate allocation for fiscal year 200__.
Note 2: Enter the total dollar value subject to downward adjustment. This amount should be reached through discussion and agreement with the Contractor on how this amount was calculated. It is suggested a schedule of calculations as exemplified below be prepared, signed by both parties, and included as an attachment to the price negotiation memorandum. Absent such agreement, calculations supporting the Contracting Officer's interpretation of negotiations should be incorporated. Since such information may be considered confidential by the Contractor, the details should not be incorporated into a reopener clause or otherwise included in the contract:
FY 200_ FY 200_
Indirect Expense Rate Calculations:
Materials Overhead Pool (a) $ __________ $ __________
Materials Base (b) __________ __________
Materials Overhead % __________ __________
Labor Overhead Pool (c) __________ __________
Direct Labor Hours Base (d) __________ __________
Labor Overhead % __________ __________
Other Direct Costs (e) __________ __________
G & A Expenses Pool __________ __________
Total Cost Input Base (a+b+c+d+e) __________ __________
G&A Expenses % __________ __________
Contract Price Calculations (CLIN ):
FY 200_ FY 200_
Direct Materials $ __________ $ __________
Other Direct Costs __________ __________
Material Overhead ( % / %) __________ __________
Direct Labor Hours ( hrs / hrs) __________ __________
Direct Labor Costs __________ ___________
Labor Overhead ( % / % of D.L. Hrs) __________ __________
Subtotals $ __________ $ __________
G & A ( % / %) __________ __________
Subtotals $ __________ $ __________
Profit ( % / %) __________ __________
Cost of Money - Material ( % / %) __________ __________
Cost of Money - G & A ( % / %) __________ __________
Subtotals $ __________ $ __________
(each contractor FY)
Total Price $ _________________
Note 3: Insert an appropriate description of the date for determining when submission of the reopener proposal is required, such as (1) contract award or (2) establishment of the revised forward pricing rate agreement.
(End of Clause)
52.217-9006 Surge and Sustainment (S&S) Requirements (Mar 2008)
As prescribed in 17.9306, the contracting officer (CO) shall insert the following provisions/clauses in solicitations/contracts when S&S items are identified. The CO in coordination with the supply chain’s industrial support shall obtain the approval of J-74 prior to authorizing any exceptions to these provisions/clauses. Any exceptions and/or alteration to the clauses must be submitted in writing for HQ DLA J-74 approval.
Surge and Sustainment (S&S) Requirements (Mar 2008) - DLAD
This solicitation includes items that are critical to support Department of Defense’s ability to conduct contingency operations. These items are designated as surge and sustainment items. The S&S delivery requirements are identified in the schedule of supplies and are in addition to normal peacetime contract deliveries. The objective of the S&S in this solicitation is to obtain contractual coverage to meet the S&S requirements for a Monthly Wartime Rate (MWR) or other delivery terms of the identified items in the schedule. S&S coverage includes access to production capability as well as vendor owned or managed inventory/safety stocks. Offerors are required to meet the terms and conditions of S&S requirements. Offerors are evaluated on their ability to meet the terms and conditions of the S&S requirement. The following information defines the requirements of the Defense Logistics Agency (DLA) S&S requirements:
(a) Surge and Sustainment Capability means the ability of the supplier to meet the increased quantity and or accelerated delivery requirements, using production and or supplier base capabilities, in support of DoD contingencies and/or emergency peacetime requirements. This capability includes both the ability to ramp up to meet early delivery or increased requirements (i.e., Surge), as well as to sustain an increased production and delivery pace throughout the contingency (i.e., Sustainment). The spectrum of possible contingencies ranges from major theater wars to smaller-scale military operations.
(b) S&S Quantity and Required Delivery Schedule are identified on an individual item basis, based on the Services’ wartime planning requirements. The S&S Monthly Wartime Rate (MWR) is represented as a percentage or an exact number; however some items may require different delivery requirements. The S&S quantity and delivery requirements are above and beyond the production requirements in the schedule of supplies.
(c) S&S Capability Assessment Plan (CAP), (previously referred to as the “Surge Plan”). The CAP provides the offeror’s method of covering the S&S quantity and delivery requirements, identification of competing priorities for the same resources, and date the contractor can provide the required S&S capability. If any of the S&S quantity and delivery requirements cannot be met, the offeror must identify the shortfall and provide the best value solutions to include a proposed investment strategy to offset the shortfall. For example, the CAP may include, but is not limited to, one of the following scenarios to address wartime delivery requirements:
(1) The S&S quantity and delivery requirements can be fully covered within the supplier’s resources.
(2) The S&S delivery schedule can be fully covered with early deliveries due to unit pack shipping (e.g., S&S quantity and delivery requirements is for 10 feet of wire every 30 days, and the wire is sold to the government in 100 ft rolls. A single delivery of one roll in the first 30 days would meet the requirement for ten 30-day delivery periods).
(3) The total S&S quantity and delivery requirements can be met but at a different delivery rate, and the supplier has no cost-effective investment strategy that would improve the capability to deliver according to the quantity and delivery requirements (e.g., the schedule calls for 20 o-ring seals each 30-day period, but the vendor needs a 30 day ramp up and could deliver 40 in the second period and 20 each delivery period thereafter).
(4) The total S&S quantity and delivery requirements can be met but at a different delivery rate, and includes an investment strategy that would improve the supplier’s capability to deliver according to the MWR (e.g., the schedule calls for 20 seals each 30-day period, and the vendor can meet the schedule starting in the third ordering period but needs a government investment to be capable of meeting deliveries in the first two months).
(5) The S&S quantity and delivery requirements can be partially covered (the supplier can only provide a fraction of the total quantities specified); however, the supplier has no cost-effective investment strategy that would improve the capability to deliver at the MWR.
(6) The S&S quantity and delivery requirements can be partially covered (the supplier can only provide a portion of the MWR quantities specified), and includes an investment strategy that would improve the supplier’s capability to deliver at the MWR.
(7)The S&S quantity and delivery requirements cannot be met with existing resources, and there is no cost effective solution to improve the industrial capability to deliver at the MWR.
The CAP must include a stock rotation plan for government or supplier S&S investments (e.g., lead-time materials that were purchased using Warstopper funding) to ensure the newest materials are available for production. The stock rotation plan must not preclude the supplier from making the surge deliveries.
The CAP must include a recommended exit strategy on how to transition S&S assets and/or government investment (ramp down) in the event of contract expiration, termination, or award of follow-on contract to another supplier.
Guidance on where to find detailed instructions and points of contact on how to complete the CAP are found in Clause 52.217-9007
(d) Government Investments. Use of government investment may be considered to address S&S coverage shortfalls as specified in (c)(3) to (7) above. Use of government investment is limited per clause 52.217-9010. Contracting Officer (CO) approval is required prior to any government investment and any investment costs incurred by the supplier without the explicit written approval of the CO are the sole responsibility of the supplier.
(e) S&S Validation/Test Plan. In most cases, the Government will develop a validation/test plan prior to verifying the supplier’s capability against the required S&S CAP and the Schedule. Upon request, the supplier shall submit an S&S Validation/Test Plan that defines how the S&S capability can be verified when (1) complex industrial/manufacturing processes are involved, or (2) the supplier methodologies for gaining visibility over supplier base capabilities within an existing structure enable a more cost effective alternative. In any case, a Validation/Test Plan will be developed prior to any validation/testing of the supplier’s S&S capability.
(f) Agreement to Participate in S&S Validation/Testing. By submission of an offer, the supplier agrees to participate in S&S validation/testing as required by the Government to validate the stated S&S capability. Testing/Validation may include any methodology that can validate the supplier’s S&S capability. Validations will be conducted on randomly selected items by the Industrial Specialist and occur through final contract delivery. Validations include, but are not limited to, verification that the supplier and any subcontractor(s) have sufficient equipment, facilities, personnel, stock, pre-positioned raw material, production capabilities, visibility of supplier base resources, and agreements, networks and plans for distribution (receiving, storing, packaging and issuing) and transportation services to accommodate the S&S requirements in the contract. This validation includes examination of any in-house work, review of the stock rotation plan (if applicable), and other contracts that impact the production of any added or accelerated quantities. The Government reserves the right to require validation using other methodologies when deemed appropriate. The language in this clause does not limit the government's right, at any time after award, to perform inspections or validate the supplier's S&S capability.
(g) Supplier Notification of S&S Capability Changes. The supplier agrees to maintain S&S capability to produce and/or deliver the S&S quantity of supplies identified in the Schedule of Supplies in accordance with the S&S required delivery schedule throughout the life of the contract. Changes that negatively impact S&S capability must be reported in writing to the CO within ten (10) working days after the supplier becomes aware of such an impact. Such notification must include a revised S&S CAP with the supplier’s proposed corrective action(s) and date when the supplier can attain the required S&S capability. Refer to 52.217-9007(a) for instructions on submitting changes to the CAP.
(h) Government Changes, Additions and Deletions to S&S Requirements. The identification of new S&S items in the peacetime schedule or increases in quantities of items already in the S&S schedule must be done through bilateral contract modifications. Deletion of S&S requirements or decreases in quantities will be made by the Government through unilateral contract modifications. The government reserves the right to obtain S&S requirements from other sources without liability to the supplier. This language does not relieve the supplier of the responsibility to provide, in accordance with the applicable delivery schedule, non-S&S and S&S quantities agreed to in the Schedule and CAP during the contingency.
(i) Early or Unexpected S&S Requirements. The supplier agrees to support S&S requirements to the maximum extent practical (1) prior to the supplier achieving full S&S capability agreed to in the Schedule and the CAP, or (2) for requirements exceeding those agreed upon in the Schedule and the CAP. The government reserves the right to obtain S&S requirements from other sources without liability to the supplier. This language does not relieve the contractor of the responsibility to provide, in accordance with the applicable delivery schedule, non-S&S quantities and the S&S quantities agreed to in the Schedule and CAP during the contingency.
(j) S&S Execution. The Government will issue a delivery order or series of orders equaling the MWR for each month, when executing the S&S requirement. S&S orders do not count towards the non-S&S contract maximum. The order limitations clause applicable to non-S&S requirements does not apply to the S&S quantity if it conflicts with the quantity necessary to support a contingency. The Government reserves the right to order less than the MWR quantity specified for each S&S delivery. Multiple orders for the same NSN will be issued to support multiple contingencies provided the total quantity ordered does not exceed the MWR for each ordering period. The Government reserves the right to order in excess of the MWR provided the supplier accepts the order.
When a delivery order for S&S is issued and Government funds were used to establish the S&S capability, the supplier must use funds generated from the order to refresh or replace S&S material (e.g., inventories of lead-time materials, partially finished units, or finished product) consumed within ninety days to support future S&S requirements.
When a delivery order for S&S is issued and no Government funds were used to establish the S&S capability, the supplier must replace S&S material (e.g., inventories of lead-time materials, partially finished units, or finished product) consumed within ninety days to support future S&S requirements.
(k) Contract Expiration or Termination. The offeror’s capability plan must include an exit strategy. The exit strategy must include a description on how to transition the S&S assets and/or government investment as a result of contract expiration, termination, or award of a follow-on contract to another supplier. The exit strategy must be designed to conserve protected S&S resources when (1) the contract expires, (2) a follow-on contract transitions to another supplier and or (3) the requirement is reduced or eliminated by the requiring customer(s). The exit strategy must consider peacetime demand patterns, production run levels, normal lead-times for raw materials used in the production process, and other relevant factors, and address least cost/best-value alternatives that minimize the risk of unused raw materials or the untimely disposition of other serviceable S&S assets before the contract expires.
(End of Clause)
52.217-9007 Surge and Sustainment (S&S) Instructions to Offerors (Mar 2008)
As prescribed in 17.9306, the contracting officer (CO) shall insert the following provisions/clauses in solicitations/contracts when S&S items are identified. The CO in coordination with the supply chain’s industrial support shall obtain the approval of J-74 prior to authorizing any exceptions to these provisions/clauses. Any exceptions and/or alteration to the clauses must be submitted in writing for HQ DLA J-74 approval.
Surge and Sustainment (S&S) Instructions to Offerors
(Mar 2008) - DLAD
The offeror must provide a detailed approach for covering S&S requirements in the Capability Assessment Plan and, if required, a Validation/Test Plan.
(a) Capability Assessment Plan (CAP):
Offeror must submit a CAP that describes the method and capability to meet the surge requirements identified in the Schedule of this solicitation. The CAP must also include the supplier’s investment plan, stock rotation plan, and an exit strategy to support the S&S requirement.
Offeror must complete the CAP online and print the CAP or questionnaire summary for submittal as part of the proposal or the offer. Additionally, any attachments cited in the online CAP must be submitted as part of the offer. Any changes to the CAP before solicitation closing date or after contract award to identify changes in coverage must be done using these websites. Instructions, examples and points of contact for the CAP are available on the website. The online sites for completing the CAP are:
(1) The CAP must be completed using the eCAP at https://www.dla.mil/wicap/.
(2) For subsistence, and C&T items, use the industrial
capability questionnaire tool through the SPIDERS website at https://spiders.dla.mil/spiders/home.asp.
(3) For medical items, use the Industrial Preparedness
System (IPSYS) industrial capability survey tool through the DMMonline Directorate of Medical Materiel, Single Signon Application website at
https://dmmonline.dscp.dla.mil/registration/SiteLogin.aspx
(b) Validation/Test Plan
The offeror must submit a Validation/Test Plan upon government request. The plan must address the most cost effective way and best industry practices for evaluating the stated capability. If required, any cost associated with performing a validation/test (test plan development, testing, and testing report) will be separately priced. When possible, use statistical methods based on simulations, limited production runs, or other methods that do not require full production of the S&S requirements to conduct the validation/test. The following must be included in the Validation/Test Plan: methodology, rating criteria (e.g. how offeror determines the stated coverage in the CAP), labor cost, material cost, and time required to conduct validation/test.
(End of Clause)
52.217-9008 Surge and Sustainment (S&S) Evaluation (Mar 2008)
As prescribed in 17.9306, the contracting officer (CO) shall insert the following provisions/clauses in solicitations/contracts when S&S items are identified. The CO in coordination with the supply chain’s industrial support shall obtain the approval of J-74 prior to authorizing any exceptions to these provisions/clauses. Any exceptions and/or alteration to the clauses must be submitted in writing for HQ DLA J-74 approval.
Surge and Sustainment (S&S) Evaluation (Mar 2008) - DLAD
Surge and Sustainment capability is a requirement of this solicitation. The S&S evaluation will be based on the Capability Assessment Plan (CAP), test/validation plan (when required), S&S costs, and past S&S performance. The offeror’s proposal may be deemed nonresponsive for failure to submit the required S&S information in accordance with the solicitation. The government reserves the right to require additional information if necessary. The S&S will be evaluated as follows:
(a) CAP/Approach.
The offeror’s CAP will be reviewed and assessed for responsiveness, completeness, technical merit and S&S past performance. The CAP must demonstrate the ability to provide the full S&S quantity and delivery requirements as specified in the Schedule, the technical merits of the proposed solutions to any identified shortfalls in S&S quantity, and delivery requirements and the ability to achieve these without government investment.
(b) Validation/Test Plan (if required).
The offeror’s Validation/Test Plan (pre- or post-award) will be evaluated to determine the extent to which the plan accurately measures the stated capability in the offeror’s CAP. If supplier requests for government investment to conduct the test, the CO will determine and approve which phase(s) of the S&S capability testing will be funded (test plan development, testing and /or test plan report).
(c) Cost/Price.
The offeror’s proposed S&S cost/price will be evaluated for reasonableness and realism in accordance with FAR 15.403-3 but will not be included in the overall comparative price evaluation. The government reserves the right to request for additional information other than cost or price.
(d) Past S&S Performance.
Previous S&S performance will be considered in the evaluation. In the absence of or in addition to DLA S&S past performance, the CO may consider other relevant performance history where the offeror demonstrated the ability to quickly respond to and sustain higher than normal production rates or faster than normal delivery requirements, or both.
(End of Clause)
52.217-9009 Surge and Sustainment (S&S) Pricing (Mar 2008)
As prescribed in 17.9306, the contracting officer (CO) shall insert the following provisions/clauses in solicitations/contracts when S&S items are identified. The CO in coordination with the supply chain’s industrial support shall obtain the approval of J-74 prior to authorizing any exceptions to these provisions/clauses. Any exceptions and/or alteration to the clauses must be submitted in writing for HQ DLA J-74 approval.
Surge and Sustainment (S&S) Pricing (Mar 2008) - DLAD
(a) When pricing S&S items, the offeror will use a six-month period for the purpose of providing the offered prices for surge and sustainment items. However, the concept of S&S requires the offeror to surge to a delivery rate and sustain that rate throughout contingency operations that may last longer than six months or when the S&S item has a lead-time greater than six months.
(b) The offeror’s proposed S&S prices will be evaluated for reasonableness and realism in accordance with FAR 15.403-3. If proposed prices for the surge items are higher than the production quantities, information other than cost or price data must be provided if Truth in Negotiations Act (TINA) does not apply. Otherwise, the offeror shall provide certified cost or price data if TINA applies. Information supporting the offered surge prices must include a description of the causes of the price differences. The information shall be provided as a separate attachment to the proposal. Information may be submitted in the offeror’s own format unless the contracting officer decides that use of a specific format is essential and the format has been described in the solicitation.
(c) When S&S pricing exceeds peacetime pricing, the offeror must provide S&S pricing proposal that contains the offeror's best terms from a price and technical standpoint. The offeror’s proposal must identify the additional costs, if any, for expedited S&S quantity and delivery requirements that are above the costs associated with peacetime buys, such as the cost of reserving the production capacity and maintaining extra inventory, raw materials, or components to meet the S&S requirements.
(End of Clause)
52.217-9010 Limitations on Use of Surge and Sustainment (S&S) Government Investment (Mar 2008) - DLAD
As prescribed in 17.9306, the contracting officer (CO) shall insert the following provisions/clauses in solicitations/contracts when S&S items are identified. The CO in coordination with the supply chain’s industrial support shall obtain the approval of J-74 prior to authorizing any exceptions to these provisions/clauses. Any exceptions and/or alteration to the clauses must be submitted in writing for HQ DLA J-74 approval.
Limitations on Use of Surge and Sustainment (S&S) Government Investment (Mar 2008) – DLAD
(a) The CAP must include the offeror’s investment strategy in accordance with 52.217-9006. In the event the S&S quantity and delivery requirement cannot be met with the supplier’s resources and there is no cost effective solution to improve the industrial base capability, limited government investment may be considered if it is in the best interest of the Government. The supplier shall not incur any expenses to be paid or reimbursed by a government investment until after receiving written approval from the contracting officer, and acts at its own risk in advance of such approval. Any government investment will only be used for obtaining S&S coverage in accordance with the terms and conditions of the contract. In the event of changes in conditions (e.g. manufacturing, labor market, industry, technology, etc.) that warrant a different investment approach to obtaining the S&S coverage, the supplier will submit a new capability assessment plan describing the revised strategy for Contracting Officer’s approval. If the initial investment has not been made or completed, the supplier will suspend S&S investment until receipt of written approval from the Contracting Officer.
(b) The contractor shall not use government S&S investments for any purpose other than to support S&S delivery orders, unless such use has been authorized by the Contracting Officer in writing. Contractor shall submit in writing to the contracting officer any desired use of the S&S investments and consideration offered to the government for this use.
(c) The supplier’s stock rotation plan for government S&S investments (e.g., lead-time materials) to ensure the newest materials are available for production is an authorized use of S&S investments because it is considered to be in support of S&S delivery orders. A stock rotation plan must be included as part of the supplier’s CAP and shall not preclude the supplier from making the surge deliveries.
(End of clause)
As prescribed in 17.7602(95) insert the following provision:
PROVISIONING (JUL 2008) – DLAD
(a) The Government hereby
[ ] (Buyer Fill-in) will require
[ ] (Buyer Fill-in) reserves the right to require
provisioning for the end item specified herein in accordance with the requirements of Military Standard 1552, Provisioning Technical Documentation, Uniform DoD Requirements For, and Military Standard 1561, Provisioning Procedures, Uniform DoD, _______________ (enter date of current issue in effect on date of contract award or on date of Solicitations). Such provisioning will include: Furnishing of technical documentation necessary to identify and determine the range and quantity of support items that may be required as spares, repair parts, special tools, and test equipment (Support Items) as set forth in paragraph (b) below; furnishing of supplementary provisioning technical documentation, as required; participation in any provisioning conference(s) deemed necessary; and the furnishing of support items in the range and quantity required for adequate end item
(equipment) support.
(b) Provisioning Technical Documentation.
Provisioning Technical Documentation to be delivered to the Government will be specified on DD Form 1949-2, Provisioning Requirements Statement, DD Form 1949-1, Provisioning Technical Documentation Data Selection Sheet and DD Form 1423, Contract Data Requirements
List, (CDRL). If provided in the solicitation, prices for all provisioning requirements specified on the DD Forms 1949-1, 1949-2, and 1423 should be submitted to the Contracting Officer with the offer and will be included in offer evaluation.
If it is determined after contract award that provisioning is required, DD Form 1949-2, Provisioning Requirements Statement, DD Form 1949-1, Provisioning Technical Documentation Data Selection Sheet and DD Form 1423, Contract Data Requirements List, will be furnished to the contractor. The contractor will have 30 days after receipt of the notice of the proposed modification to return a priced proposal. The final price and delivery applicable to such documentation will be subject to negotiation between the parties. In addition to the priced proposal indicated above, the contractor may also submit with the proposal a Statement of Prior Submission, as defined in Military Standard 1561, paragraph 5.3.11.1. Statement of Prior Submission information shall be furnished on DLA procurement clause, Waiver/Reduction of Provisioning Technical Documentation and Supplementary Provisioning Technical Documentation Requirements.
(c) Supplementary Provisioning Technical Documentation.
If the contracting officer requires certain supplementary documentation at the time a solicitation is issued (for items on the various lists as indicated in Military Standard 1561, paragraph 5.3.8.), then this amount and the nature of the documentation required to be delivered to and retained by the Government will be specified on DD Form 1423, CDRL. Prices for all provisioning requirements specified on DD Form 1423 should be submitted to the Contracting Officer with the offer and will be included in the offer evaluation. Additional documentation such as Federal Item Identifications per Military Standard 1561, paragraph 5.3.9, may be ordered at any time prior to final delivery of end items under the contract.
If, after contract award, the contracting officer requires certain supplementary documentation for items on the various lists in addition to that required by Military Standard 1561, paragraph 5.3.8. such as Federal Item Identifications, the contracting officer will issue a notice of such requirement indicating the amount and nature of the documentation required. The contractor will have 30 days after receipt of the notice of the proposed modification to return a priced proposal. The final price and delivery applicable thereto will be the subject of negotiation between the parties.
(d) Provisioning Conferences.
The Provisioning Requirements Statement (DD Form 1949-2) will advise the contractor of requirements for provisioning conference(s) provided for in Military Standard 1561. If a decision is reached that such a conference(s) is required, the Contracting Officer will so advise the Contractor. Upon such notification, the contractor will provide competent personnel, adequate facilities, if requested, and all available pertinent technical information. The contractor will promptly advise the Contracting Officer of any contemplated increase in costs because of the conference(s) requirement. The time and place of the conference(s) and any equitable adjustment to the contract price will be subject to negotiation between the parties.
(e) Support Items.
As a result of the above actions, the Contracting Officer may, from time to time, issue Provisioned Item Orders for spares, repair parts, tools, and test equipment or components (support items) being purchased under the contract for an initial period of operation. Such order or orders which will be placed prior to final payment under the contract may provide for deliveries concurrently with or subsequent to delivery of the equipment. If concurrent delivery is required and such delivery necessitates a delay in delivery of the end items or components, an adjustment in the delivery requirements will be considered. Within 60 days after receipt of Provisioned Item Order, the contractor will submit firm prices for the items ordered. The final prices will be subject to negotiation between the parties. Unless otherwise specified, these prices will include the cost of preparation for delivery (preservation, packaging, packing, and container marking) in accordance with Level A packaging of Military Standard 794, Level A packing for overseas destination and Level B packing for CONUS destination. If the parties are unable to agree under paragraphs (b), (c), (d) and (e) of this clause as to price and/or as to time of performance, the contracting officer will unilaterally determine price and/or time of performance. This unilateral determination is subject to the terms of the “Disputes” clause of this contract.
(End of Clause)
52.217-9017 Tailored Logistics Support Purchasing Reviews DLAD 52.217-9017
As prescribed in 17.9508(a), insert the provision/clause in solicitations / contracts.
Tailored Logistics Support Purchasing Reviews DLAD 52.217-9017 (JUN 2006)- DLAD
1. From the commencement of performance of this contract until 3 years after the final contract payment, the Contractor shall allow the Contracting Officer, Administrative Contracting Officer, Defense Contract Management Agency, Defense Contract Audit Agency, and any other duly authorized representative of the Contracting Officer access to all records and information pertaining to those items or services for which the Government is relying on the Contractor’s purchasing system to determine that competition was obtained or to justify that prices are fair and reasonable. The Contractor shall maintain records subject to this clause for not less than 3 years after the contract final payment.
2. The Contracting Officer may conduct reviews of purchased items or services provided under this contract regardless of dollar value that meet the criteria in paragraph 1 of this clause to ascertain whether the Contractor has obtained the best value. The Contractor shall seek competition to the maximum extent practicable for all purchases. Contractor purchases of any supplies or services shall solicit a competitive quotation from at least two independently-competing firms. For other than sole source items, the request for quotations shall, to the extent practical, solicit offers from different manufacturers or producers. If the Contractor is unable to obtain quotes for competing items from two or more such independently-competing firms, the Contractor shall retain supporting documentation for its rationale for selection of the suppliers solicited and chosen to supply the items, and for its determination that the price was fair and reasonable. The Contractor is responsible for maintaining this same documentation for all sole source/non-competitive actions. The following price reasonableness and documentation requirements are applicable to all purchases, regardless of dollar value:
a. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. The Contracting Officer will examine the prices with particular care in connection with buys that may not be subject to effective competition restraints. The Contractor’s price will not be presumed to be reasonable. If an initial review of the facts results in a challenge of a specific price by the Contracting Officer or the Contracting Officer’s representative, the burden of proof shall be upon the Contractor to establish that the price is reasonable under the standards in FAR Subpart 15.4 and FAR 31.201-3.
b. The Contractor shall keep the documentation to a minimum, but shall retain data supporting the purchases either by paper or electronically. At a minimum, price quotations and invoices shall be retained. Should the Contractor receive an oral price quotation, the Contractor shall document who the supplier or subcontractor is by complete name, address, telephone number, price, terms and other conditions quoted by each vendor. Price quotes for supplies shall be broken down by individual items, shipping costs, and any other included expenses. Price quotes for incidental services which are not pre-priced in the contract shall include labor hours and costs or prices, as applicable, including the total price of the job, individual pricing for the portions of the work if applicable, materials, and all other elements of cost, overhead, and profit. This price breakdown documentation shall be made for each subcontractor performing work on this contract.
3. When the Contractor is purchasing from subcontractors or other sources and receives a discount or rebates, the Contractor shall immediately pass these savings to the Government in the contract price and invoice for payment. The Contractor is required to use diligence in the selection of the most economical method of delivery of the product or services by selecting a best value method of delivery based on the urgency and nature of the work or product required. When labor hours are involved in the work to be accomplished and the Contractor has not already pre-priced the effort to use its own labor force, the Contractor shall provide the labor at rates required by the contract (for example, Service Contract Act or Davis-Bacon Act rates) or at rates based on competition if mandatory rates are not required by the contract.
4. If the Contracting Officer determines that the purchased product or service is unreasonably priced, the Contractor shall refund to the Government the amount the Contracting Officer determines is in excess of a reasonable price. The Contracting Officer shall notify the Contractor in writing in accordance with FAR 32.610, giving the basis for the determination and the amount to be refunded. The Contractor shall make the refund payment in accordance with directions from the Contracting Officer, and shall provide proof of the refund payment to the Contracting Officer. The Contracting Officer may collect the amount due using all available means in accordance with FAR Subpart 32.6. FAR 52.232-17, Interest, is applicable to payments not made within 30 days of the demand for payment. Any disputes arising under this provision shall be handled in accordance with the “Disputes” clause of this contract.
5. At the midpoint of each performance period if the period is a year or less long or annually if the performance period is more than a year, upon receipt of notification from the Contracting Officer of the intent to exercise an option, or if otherwise requested, the Contractor shall provide the Contracting Officer an affirmation in the following form, signed by an authorized representative of the Contractor:
“To the best of my knowledge and belief, during the period beginning ____________ (insert date) and ending_______________(insert date), _______________(insert Contractor’s name) furnished all supplies or services called for by Contract No. _____________ in accordance with all applicable requirements. I further affirm that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and item identification, and are in the quantity required. The items and services were competed or prices are justified as fair and reasonable in accordance with the requirements of ______________(name/number of the clause).”
END OF CLAUSE
52.217-9022 Provisioning Documentation is Waived
As prescribed in 17.7693 insert the following clause:
PROVISIONING DOCUMENTATION IS WAIVED (JUN 2008) – DLAD
Provisioning documentation is waived.
(End of Clause)
52.217-9023 Restriction of Alternate Offers for Source Controlled Items
As prescribed in 17.7502(b)(2)(70) insert the following provision:
RESTRICTION OF ALTERNATE OFFERS FOR SOURCE CONTROLLED ITEMS (JUN 2008) – DLAD
(a) This acquisition is restricted to source(s) specified on the source control drawing applicable to the item in the Purchase Order Text (POT). Only offers which propose to supply the exact product of the approved sources will be considered for award.
(b) DLA will not evaluate and approve alternate offers for this item. Offerors who are interested in qualifying their product for purposes of future acquisitions must contact the cognizant design activity specified on the source control drawing.
(c) Award of this solicitation will not be held pending qualification and approval of any product. If your product has been recently approved but not added to the list of approved sources cited in the source control drawing, a copy of the cognizant design activity's letter of approval must be submitted with your offer.
(End of Provision)
52.217-9024 Special Provisions for Bulk Milk Dispensing Equipment (Subsistence Supply Chain)
As prescribed in 17.7302(90) insert the following clause:
5
SPECIAL PROVISIONS FOR BULK MILK DISPENSING EQUIPMENT
(JUN 2008 SUBSTINENCE) – DLAD
(a) General. Regulations require that the cost to the Government for bulk milk dispensing equipment must be identified and paid for from a different fund than the milk itself. Accordingly, unit and extended prices on each offered item requiring the furnishing of bulk milk dispensing equipment will be broken down and will state separately (1) the charge for the milk itself, and (2) the charge for the bulk milk dispensing equipment called for by that item. The dispensing equipment charge will include the cost of furnishing, installing, servicing, maintaining and removing such equipment. Evaluation of offers will be based on the total charge for each such item. By submission of this offer, the offeror confirms that the separate charges entered for such items represent the true and accurate charges for the milk and bulk milk dispensing equipment, and that the price offered for milk does not include any cost on account of bulk milk dispensing equipment. Dispensing equipment charge will be the per-gallon rate for equipment and services.
(b) Invoices. Invoices covering items requiring the furnishing of bulk milk dispensing equipment must show separately for each such item the charge for the milk product furnished and the applicable charge for the bulk milk dispensing equipment.
(c) Computations. (Applicable only in contracts which contemplate the use of both government-furnished and contractor-furnished dispensers.)
(1) Basic. To the extent both government-furnished and contractor-furnished equipment is to be used in the dispensing of bulk milk required under this contract, the following dispenser charge procedures shall apply. In each case, the Government shall give written notice to the contractor stating which of the consumption points will employ contractor-furnished dispensers exclusively. Such points shall be called “Contractor Dispenser Points”.
(2) Central Deliveries. Where bulk milk is delivered to a central delivery point for redistribution by the Government both to Contractor Dispenser Points and to other consumption points, data shall be furnished by such central delivery point to the contractor stating the gallonage issued during the invoice period to Contractor-Dispenser Points. Such data shall be the basis of invoicing dispenser charges.
(3) Direct Deliveries. Where bulk milk is delivered to Contractor Dispenser Points directly by contractor, delivery receipt data applicable to such points shall be the basis of such invoicing.
(4) Mixed-Equipment Points. Where bulk milk is delivered either directly or through a central delivery point to any consumption point where any or all of the dispensers are furnished by the Government, no dispenser charges shall be applicable to, such milk, except as provided below. Contractor shall not be required to furnish dispensers at any consumption point where any Government dispensers are located, except as provided below.
(5) Urgency Exception. Where urgent requirements, as determined by the ordering officer, necessitate the use of both government and contractor-furnished dispensers at the same consumption point, the minimum number of contractor-furnished dispensers shall be ordered in writing only and supplied to such point. In such case, dispenser charges (per line item) shall apply to that proportion of the bulk milk delivered to such point which corresponds to the proportion of contractor-furnished dispenser spigots to the total number of spigots at such point. (For example: If half the number of spigots used in dispensing chocolate milk at that point are contractor-furnished, half of the chocolate milk gallonage there shall be subject to the dispenser charge.)
(End of Clause)
52.219-9001 Set-Asides of Acquisitions of Items Listed in the Schedule of Products Made in Federal Penal and Correctional Institutions.
As prescribed in 19.502-1(b)(90), insert the following provision:
SET-ASIDES OF ACQUISITIONS OF ITEMS LISTED IN THE SCHEDULE OF PRODUCTS MADE IN FEDERAL PENAL AND CORRECTIONAL INSTITUTIONS (JUNE 2002) – DLAD
For items listed on the Schedule of Products Made in Federal Penal and Correctional Institutions, when a comparability determination leads to a competitive acquisition, set-asides may be used. However, notwithstanding the inclusion of any set-aside provision or clause in this solicitation, FPI shall also be permitted to compete for, and could receive award of, the acquisition.
(End of provision)
52.219-9002 DLA Mentoring Business Agreements (MBA) Program.
As prescribed in 19.9007, insert a provision substantially as follows:
DLA MENTORING BUSINESS AGREEMENTS (MBA) PROGRAM (DEC 1997) DLAD
(a) The offeror is invited to participate in a program whereby small, small disadvantaged, and women-owned small businesses are afforded the opportunity (through the offeror's provision of developmental assistance in its capacity as prime contractor) to participate in the DLA procurement process. (The offeror may alternatively propose to mentor a Javits-Wagner-O'Day (JWOD) Act-qualified nonprofit agency.) In order to participate, the offeror shall submit a proposal outlining the assistance already rendered or to be provided to the protege, as well as the kinds of value-added activity the offeror might expect to receive, in return, from the mentored entity. The offeror-mentor may propose to provide the benefit of its managerial expertise, technical capabilities, market knowledge, etc.; the protege will be expected to provide a specialized service or product, or, potentially, admission into its own market. Participation is entirely voluntary.
(b) The Government will evaluate the offeror's proposal for participation in the DLA MBA Program on a comparative basis among all offerors, rather than via establishment of an "acceptable" standard. The factor is an independent element in the overall award decision; the offeror who proposes or demonstrates the most comprehensive plan for tutoring a protege will receive the highest rating for this evaluation factor during the source selection process. The evaluation will assess the offeror's willingness to assist such entities in receiving better market shares, improving their processes, and generally contributing to their viability under long-term contracting arrangements.
(c) The proposal submitted by the successful offeror will be incorporated into its contract with DLA. The successful offeror will be expected to incorporate the salient points of the evaluated proposal into a written agreement (the MBA) with a protege selected by the offeror. The offeror's performance under the proposal will be monitored by the contracting officer and cognizant small business specialists (from the buying activity and/or the Defense Contract Management Agency) during the contract period. This performance will be one factor used to determine placement of orders against multiple-award contracts and/or exercise of options in the contract's follow-on years (as applicable). It will also be used as an independent evaluation factor, and as an element of past performance evaluation, in subsequent source selection decisions.
(End of Provision)
52.219-9003 DLA Mentoring Business Agreements (MBA) Performance.
As prescribed in 19.9007, insert a clause substantially as follows:
DLA MENTORING BUSINESS AGREEMENTS (MBA) PERFORMANCE (DEC 1997) DLAD
(a) The contractor's proposed MBA plan shall become part of this contract upon award. The contractor is hereby obligated, as part of its contractual undertaking, to enter into a written, binding mentoring business agreement with a protege based on and reflective of this plan. Performance under the MBA plan shall be evaluated by the contracting officer, and may become a consideration prior to option exercise for the follow-on years of long-term contracts. MBA plan implementation may also become an independent evaluation factor and/or part of the overall past performance evaluation factor in future source-selection decisions.
(b) The contractor-mentor and its protege(s) shall meet semi-annually with the DLA contracting officer and the small business specialist(s) from the buying activity and/or the DCMA component to review progress/accomplishments under applicable MBA proposals. The contractor is also required to submit periodic progress reports (no less frequently than annually) to the contracting officer regarding proposal fulfillment. Any MBA with a protege that has voluntarily been submitted to the Government shall be compared by the contracting officer to the contractor's proposed plan, hereby incorporated into this contract, to ensure that it adequately reflects the mentor's obligations expressed therein.
(End of clause)
52.219-9004 Small Business Program Representations
As prescribed in 19.307(90), insert the following provision:
SMALL BUSINESS PROGRAM REPRESENTATIONS (JUL 1999) - DLAD
(a) In order to facilitate the use of electronic commerce/electronic data interchange while fulfilling the requirements of the small business program, certain socioeconomic information must be provided in a coded, rather than a fill-in format. Because EC/EDI transactions are often reformatted in transmission, the use of these codes will prevent misinterpretation within the system. The recording of unique codes instead of the traditional “x-in-the-box” form of information entry may also preclude potential mistakes in socioeconomic program reporting.
(b) In order to record the representations and certifications contained in FAR provision 52.219-1, Small Business Program Representations, and in accordance with the definitions found therein, the offeror represents and certifies as a part of its offer that it is a ____________business type. (The offeror shall select the one code from the following listing which represents the offeror’s business type.) The offeror’s recording of its business type herein by means of an alpha code replaces the marking of the appropriate boxes in FAR 52.219-1, paragraph (b). The penalties for misrepresentation of business status still apply; see FAR 52.219-1, paragraph (d)(2).
Code B=Small Business. Enter code B if your firm is a small business concern, as defined in FAR 52.219-1, paragraph (c).
Code M=Small Disadvantaged Business. Enter code M if your firm is a small disadvantaged business concern, as defined in FAR 52.219-23, paragraph (a).
Code U=Woman-Owned Small Disadvantaged Business. Enter code U if your firm is a woman-owned business, as defined in FAR 52.219-1, paragraph (c), and a small disadvantaged business, as defined in FAR 52.219-23, paragraph (a).
Code W=Woman-Owned Small Business. Enter Code W if your firm is a woman-owned small business, as defined in FAR 52.219-1, paragraph (c).
Code A=Large business. Enter code A if your firm is not included in any of the above categories.
(End of Provision)
52.219-9008 Combined HUBZone/Small Business Set-Aside Instructions – Type 1.
As prescribed in 19.508(90)(a), insert the following clause:
COMBINED HUBZone/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 1 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) HUBZone small business concerns (FAR 52.219-3); then, if no qualified quote is received from a HUBZone small business concern at a fair market price, (2) small business concerns (FAR 52.219-6) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraph (b) of 52.219-3) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9009 Combined HUBZone/Small Business Set-Aside Instructions – Type 2.
As prescribed in 19.508(90)(b), insert the following clause:
COMBINED HUBZone/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 2 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) HUBZone small business concerns (FAR 52.219-3); then, if no qualified quote is received from a HUBZone small business concern at a fair market price, (2) small business concerns (FAR 52.219-6 Alternate I) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraph (b) of 52.219-3) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9013 Combined Set-Aside Instructions – Type 1.
As prescribed in 19.508(90)(c), insert the following clause:
COMBINED SET-ASIDE INSTRUCTIONS – TYPE 1 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) Service-disabled veteran-owned small business (SDVOSB) concerns (FAR 52.219-27); then, if no qualified quote is received from an SDVOSB concern at a fair market price, (2) HUBZone small business concerns (FAR 52.219-3); then, if no qualified quote is received from a HUBZone small business concern at a fair market price, (3) small business concerns (FAR 52.219-6) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraphs (b) of 52.219-3 and 52.219-27) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9014 Combined Set-Aside Instructions – Type 2.
As prescribed in 19.508(90)(d), insert the following clause:
COMBINED SET-ASIDE INSTRUCTIONS – TYPE 2 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) Service-disabled veteran-owned small business (SDVOSB) concerns (FAR 52.219-27); then, if no qualified quote is received from a SDVOSB concern at a fair market price, (2) HUBZone small business concerns (FAR 52.219-3); then, if no qualified quote is received from a HUBZone small business concern at a fair market price, (3) small business concerns (FAR 52.219-6, Alternate I) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraphs (b) of 52.219-3 and 52.219-27) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9015 Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions – Type 1.
As prescribed in 19.508(90)(e), insert the following clause:
COMBINED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 1 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) Service-disabled veteran-owned small business (SDVOSB) concerns (FAR 52.219-27); then, if no qualified quote is received from a SDVOSB concern at a fair market price, (2) small business concerns (FAR 52.219-6) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraph (b) of 52.219-27) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9016 Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions – Type 2.
As prescribed in 19.508(90)(f), insert the following clause:
COMBINED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 2 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) Service-disabled veteran-owned small business (SDVOSB) concerns (FAR 52.219-27); then, if no qualified quote is received from a SDVOSB concern at a fair market price, (2) small business concerns (FAR 52.219-6, Alternate I) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraph (b) of 52.219-27) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9017 Small Business Set-Aside Portion – Unequal (Alternate I)
As prescribed in 19.502-3 insert the following provision:
SMALL BUSINESS SET-ASIDE PORTION EQUAL (SEP 2007) – DLAD
This solicitation is for the non-set-aside portion. A portion of this acquisition has been set-aside for small business concerns in accordance with FAR Clause 52.219-7, Notice of Partial Small Business Set-Aside. The item, quantities, destinations and delivery schedule of the portion set-aside for small business concerns are identical to those applicable to the non-set-aside portion shown in this solicitation. Delivery date of the set-aside quantities will be established to allow the same production lead time as that allowed for delivery of the non-set-aside quantities. Incremental deliveries of the set-aside quantities will be made at the same rate as the non-set-aside quantities.
(End of provision)
As prescribed in 19.502-3 replaces 52.219-9017 with the following Alternate:
SMALL BUSINESS SET-ASIDE PORTION UNEQUAL
ALTERNATE I (SEP 2007)
(a) A portion of this acquisition has been set-aside for small business concerns in accordance with FAR Clause 52.219-7, Notice of Partial Small Business Set-Aside. The quantities set-aside for small business concerns are set forth below and are in addition to the quantities advertised herein:
ITEM NUMBER QUANTITY
NOTE: OFFEROR SHALL NOT INSERT PRICES.
(b) Delivery date of the set-aside quantities will be established to allow the same production lead time as that allowed for delivery of the non-set-aside quantities.
Incremental deliveries of the set-aside quantities will be made at the same rate as the non-set-aside quantities.
(End of Provision)
52.222-9000 Davis-Bacon Act - price adjustment.
As prescribed in 22.103-5, the following clause shall be included in contracts for Installation support and maintenance and repair containing option or multiyear provisions:
DAVIS-BACON ACT - PRICE ADJUSTMENT (NOV 1985) - DLAD
(a) The Contractor warrants that the prices set forth in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(b) The minimum prevailing wage determination, including fringe benefits applied to this contract by operation of law or an amendment to the Davis-Bacon Act of March 1931, as amended (40 U.S.C. 267A), current at the beginning of each renewal option period or program year, shall apply to any renewal of this contract.
(c) When, as a result of an increased or decreased wage determination, the Contractor increases or decreases wages or fringe benefits of employees working on this contract to comply therewith, the contract price or contract unit price labor rates will be adjusted to reflect such increases or decreases. Any such adjustments will be limited to increases or decreases in wages or fringe benefits as described above, and the concomitant increases or decreases in social security and unemployment taxes and workmen's compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profits.
(d) The Contractor shall notify the Contracting Officer of any increases claimed under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. In the case of any decrease under this clause, the Contractor shall promptly notify the Contracting Officer of such decrease but nothing herein shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any other relevant data in support thereof, which may reasonably be required by the Contracting Officer. Upon agreement of the parties, the contract price or contract unit price labor rates shall be modified in writing. Pending agreement on, or determination of, any such adjustment and its effective date, the Contractor shall continue performance.
(e) The Contracting Officer or authorized representative shall, until the expiration of 3 years after final payment under the contract have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor.
(End of provision)
52.223-9000 Material Safety Data Sheets and Hazard Warning Labels.
As prescribed in 23.303, insert the following clause:
MATERIAL SAFETY DATA SHEETS AND HAZARD WARNING LABELS (MAR 1992)- DLAD
(a)(1) This clause is to be used in conjunction with FAR clause 52.223-3, Hazardous Material Identification and Material Safety Data, and DFARS clause 252.223-7001, Hazard Warning Labels. Material Safety Data Sheets (MSDSs) and Hazard Warning Labels (HWLs) shall be required to be submitted by the apparently successful offeror prior to contract award. Notwithstanding paragraph 4. of the latest Federal Standard (FED-STD) 313, the contractor shall submit MSDSs and accompanying HWLs to the contracting office, rather than directly to the Defense Supply Center Richmond (DSCR). This will satisfy the FED-STD requirement on the part of the contractor.
(2) The MSDS must cite the solicitation number and the applicable CAGE code of the manufacturer, the part number, and, where so identified, the National Stock Number (NSN).
(End of clause)
52.223-9001 Estimate of Re-Refined Oil Content DLAD (Aug 2007)
As prescribed in 23.406-90 insert the following clause:
ESTIMATE OF RE-REFINED OIL CONTENT (Aug 2007) – DLAD
(a) Definitions - As used in this clause:
(1) "Engine lubricating oils" means petroleum-based oils used for reducing friction in engine parts.
(2) "Gear oils" means petroleum-based oils use for lubricating machinery gears.
(3) "Hydraulic fluids" means petroleum-based hydraulic fluids.
(4) "Lubricating oils" means engine lubricating oils, gear oils and hydraulic fluids.
(5) "Re-refined oils" means used oils from which the physical and chemical contaminants acquired through previous use have been removed through a refining process.
(b) The following estimate of re-refined oil content is required under 40 CFR Part 252, Guidelines for Federal Procurement of Lubricating Oils Containing Re-Refined Oil. The offeror is responsible for providing the estimate whether or not the offeror is the actual manufacturer or blender of the lubricating oils. The offeror understands that the estimate is subject to verification by the procuring agency issuing this solicitation and agrees that the offeror or the offeror's supplier will make available for review by the procuring agency the mixing records of the offeror or actual manufacturer or blender, if other than the offeror.
(c) The estimated total percentage of re-refined oil content for the lubricating oils to be supplied under the contract resulting from this solicitation is (vendor shall fill in the percentage)% of the total content of the lubricating oils.
(End of Clause)
52.225-9002 FMS Shipping Instructions
As prescribed in 25.7302-90, insert a clause substantially as follows:
FMS SHIPPING INSTRUCTIONS (June 1998) - DLAD
The Contractor shall contact the transportation officer (TO) at the contracting activity that awarded this contract or placed the order against the contract, unless contract administration responsibilities were assigned to an office other than contracting activity that awarded the contract, for shipping instructions prior to shipment. For contracts administered by the Defense Contract Management Agency (DCMA), the Contractor must submit a DD 1659, application for U.S. Government Shipping Documentation/
Instructions, to the transportation office for shipping instructions 18 days prior to shipment.
(End of clause)
52.227-9000 Commercial Manuals For Naval Shipboard Use Items
As prescribed in 27.7102-3(a)(91) insert the following clause:
COMMERCIAL MANUALS FOR NAVAL SHIPBOARD USE ITEMS (AUG 2007) - DLAD
CAUTION: Do not submit sample commercial manuals with contract offers. Such samples will not be evaluated prior to award.
(a) Sample Commercial Manual(s)
(1) Submission of Samples
(i) Unless the requirement for submission of sample
commercial manuals is waived under paragraph (a)(2) below, the
Contractor, at no cost to the Government, shall submit five (5)
sample copies of his commercial manual, not later than 90 calendar days
prior to the initial scheduled delivery of equipment under this
contract, to the appropriate address below for review and approval:
Defense Supply Center Richmond
ATTN: DSCR- _____
8000 Jefferson Davis Highway
Richmond, VA 23297-5370
Defense Supply Center Philadelphia
ATTN: DSCP- _____
700 Robbins Avenue
Philadelphia., PA 19111-5096
Manuals are to be prepared in accordance with requirements of the attached DD Form 1423. Sample manuals may be sent via regular mail. The Contracting Officer (CO) or the Contracting Officer's Representative (COR) will notify the Contractor of the acceptance of, or the required corrections to, the sample commercial manual within 60 calendar days after date of receipt.
(ii) In the event corrections are required, the CO will furnish the contractor a notice of required corrections. The Contractor shall submit five (5) copies of the corrected commercial manual for approval within the period specified in the notice of required corrections, but this period shall not be less than 10 working days after the receipt of notice. When the commercial manual can be corrected by the addition of supplemental sheets, the Contractor will be so advised. The CO or COR will furnish the Contractor with the notice of approval of the manual and the numbers assigned to the commercial manual. To facilitate preparation of an acceptable commercial manual, the Contractor may communicate directly with the Technical Representative to secure assistance on problems relating to the manual.
(2) Waiver of Samples
(i) The Government reserves the right to waive the requirement for submission of sample commercial manuals from those offerors offering manuals that have been previously furnished by the offeror and accepted by the Government. Offerors offering previously approved manuals should furnish with the offer evidence of prior Government acceptance in writing in the following format:
PRIOR GOVERNMENT ACCEPTANCE
GOVERNMENT AGENCY
SPECIAL CONTRACT REQUIREMENTS
PREVIOUS COMMERCIAL MANUAL CONTROL NO.
DATE
CONTRACT NO.
MODEL NO.
NATIONAL STOCK NO.
Manual [ ] HAS, [ ] HAS NOT been revised since the manuals last approval.
Equipment [ ] HAS, [ ] HAS NOT been altered, changed, modified or redesigned since last manual approval.
NOTE: IF THE EQUIPMENT OR MANUAL HAS BEEN CHANGED SINCE LAST MANUAL APPROVAL OR GOVERNMENT PROCUREMENT, THEN SAMPLE MANUAL SUBMISSION IS REQUIRED.
(ii) The Contractor shall also furnish to the Government with his request for waiver, five (5) copies of any changes to the previously approved commercial manual.
(iii) If the Contracting Officer determines that a waiver is appropriate, the offered price will be reduced by the value of the number of manuals required on the Commercial Manual Distribution Manual form and evaluated on that basis.
(b) Manual Distribution
(1) The contractor shall furnish with each end item two (2) copies of the approved commercial manual prepared in accordance with the attached DD Form 1423.
(2) Unless submission of the sample manuals is waived, the Contractor shall furnish, on or before initial shipment of production items, copies of the approved commercial manual specified herein to the addresses checked on the attached Commercial Manual Distribution Form in the quantity indicated.
(3) If approval of the manual has not been obtained by the time the end item is ready for shipment, the Contractor shall request permission from the Contracting Officer to pack a copy of his proposed manual for shipment with each unit. Upon receipt of approval of manual, the Contractor will forward one copy of such approved manual to the ultimate consignee of the end item. Shipping address for approved manual will be furnished by Defense Contract Management Agency or the Contracting Officer.
(c) Option for Additional Commercials Manuals
(1) The Government may order by written notice any time after award, but not later than 30 calendar days before final scheduled delivery of end items, additional copies of such manuals, f.o.b. origin, in the quantities and at the unit price set below:
QUANTITY UNIT PRICE
1 - 5 $
6 - 25 $
over 25 $
(2) Failure of an Offeror to quote unit price for the option quantities of manuals will be considered an offer to furnish the option quantities at the unit price for the basic quantity of such manuals.
(3) Delivery of additional copies of manuals ordered shall be not later than 60 calendar days after written notice, unless the parties otherwise agree.
(4) The Offeror may, without affecting the responsiveness of his offer, refuse to give the Government the right to purchases additional commercial manuals, provided that such refusal is set forth in this offer.
(End of clause)
52.227-9001 Evaluation of Offers for Manuals
As prescribed in 27.7102-3(a)(90) insert the following clause:
EVALUATION OF OFFERS FOR MANUALS (AUG 2007) - DLAD
(a) Offers will be evaluated on the basis of furnishing two manuals with each end item. If the offeror fails to indicate a Unit price for manuals, this will be construed to mean that the cost of acceptable manuals, in the quantity required, is included in the offered price for the applicable end item(s) and the offer will be evaluated accordingly. No award for manuals will be made to other than an offeror who receives an award for the end item to which the commercial manual is applicable.
(b) In addition, in the evaluation of offers, the cost of additional manuals for distribution as required by the attached Commercial Manual Distribution Form will be added to each offer, unless a waiver is granted pursuant to the Commercial Manual Clause (Section H).
(End of Clause)
52.227-9002 Data – English Language
As prescribed in 27.409-90 insert the following clause:
DATA – ENGLISH LANGUAGE (AUG 2007) – DLAD
All data required to be submitted pursuant to any clause or requirement of the contract must be in the English language. Also, all correspondence or any other documentation of any kind submitted during the administration of the contract must be in the English language.
(End of Clause)
52.227-9003 In Plant Equipment (IPE) Contract Data Requirements
As prescribed in 27.409-91 insert the following clause:
IN PLANT EQUIPMENT (IPE) CONTRACT DATA REQUIREMENTS (AUG 2007) – DLAD
(a) The Government assumes no responsibility for providing technical data required to accomplish repair, rebuild, and retrofit of machines. Operation and maintenance technical data is normally maintained with IPE items in accordance with existing DoD policy. If such data is with the item it may be used by the Contractor if he so desires, while it is in his possession. This data remains Government property and shall be shipped with the machine at time of completion. The Government does not guarantee the adequacy of such data if used by the Contractor.
(b) The Contracting Officer will notify the Contractor of his approval or disapproval of all contract data submitted in accordance with DD Form 1423 requirements within ____ days after receipt of the required distribution and quantity specified. Notifications of all contract data not approved as submitted shall include the reason therefore and the required corrections. Any work done prior to such approval shall be at the Contractor's risk.
(c) Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such data, nor from responsibility for complying with the requirements of this contract, except with respect to variations expressly described and approved in accordance with the contract data requirements, when applicable. If the Contracting Officer approves any such variation(s), he shall issue an appropriate contract modification, except in cases where the variation is minor and does not involve a change in price or in time of performance.
(d) Additional time required for review and notification of any revised contract data due to Contractor errors or omissions in initial data submittals shall be the responsibility of the Contractor and shall not be considered excusable cause for delay of specified contract performance requirements.
(End of Clause)
52.227-9004 Demilitarization – Small Arm Weapons and Parts and Accessories (Category I – Munitions List Items)
As prescribed in 27.409-92 insert the following clause:
DEMILITARIZATION – SMALL ARMS WEAPONS AND PARTS, AND ACCESSORIES (CATEGORY I – MUNITIONS LIST ITEMS) (AUG 2007) – DLAD
(a) Definitions: "Excess property" means property of the type covered by this contract for which the contractor does not claim or is refused payment including, but not limited to, rejects or overruns. Excess property (whether title to the property is in the Government or not) includes completed or partially completed parts, components, subassemblies and assemblies, end items, and all associated packaging and marking.
(ii) "Significant Military Equipment (SME)" means those articles for which special controls are warranted because of their capacity for military utility or capability.
(iii) "Munitions List Items (MLI)" means those items listed on the U.S. Munitions List. the U.S. Munitions List delineates the articles, services and related technical data designated as defense articles and defense services pursuant to the Arms Export Control Act.
(b) This contract requires the manufacture, assembly, test, maintenance, repair and/or delivery of military/defense items. This clause sets forth the requirements for the demilitarization, and corresponding certification, of excess property under this contract. These requirements are applicable to any contractor/subcontractor who performs work on this contract.
(c) (1) Upon completion of production of this contract, the contractor shall notify the Administrative Contracting Officer (ACO), or his designated representative, in a timely manner so that a Government representative can physically witness the demilitarization of material under this contract. Demilitarization shall be accomplished as prescribed in subparagraph (d) below. The contractor and the Government representative are both required to sign and date the demilitarization certificate (provided below). The certificate shall state that demilitarization has been accomplished, and identify the quantity and items which were demilitarized.
CERTIFICATE
I, __________________________________ (name and title of contractor's employee)am the officer or employee of ___________________________________ (name of company) responsible for assuring demilitarization requirements have been accomplished. I certify that ** (IDENTIFY ITEMS AND QUANTITIES)
** were demilitarized in accordance with instructions provided in contract ________________________ (contract number).
(End of Certificate)
(2) This certificate, along with the final DD Form 250, will be forwarded by the Government QAR to the ACO so that final payment can be made. The ACO will not release the final DD Form 250 for payment to the contractor unless the Demilitarization Certificate has been received. The Demilitarization Certificate received will become part of the contract file.
WARNING: SIGNING A FALSE CERTIFICATE CONSTITUTES A FELONY AND MAY SUBJECT THE INDIVIDUAL TO CRIMINAL PROSECUTION.
(3) To accomplish the certification requirements for subcontractor demilitarization, the contractor is required to follow all procedures of subparagraph (c)(1) above. The subcontractor is responsible for all of the contractor requirements specified, and the contractor is responsible for all of the Government requirements specified. Therefore, the prime contractor must witness the actual demilitarization of material under this contract by the subcontractor, and so certify.
(d) Excess property shall be completely destroyed or mutilated (whichever is prescribed) prior to final payment, as set forth below. Demilitarization is necessary in order that the property will be unusable or nonreclaimable for its original purpose, and to preclude the possibility of reconditioning the property to make saleable as implements of destruction.
(1) The following items are considered to be SME and require total destruction worldwide:
(i) All nonautomatic, semiautomatic, and automatic firearms and other weapons up to and including .50 caliber and all components and parts;
(ii) Shotguns and all components and parts;
(iii) Shoulder fired grenade launchers and all components and parts;
(iv) Man portable rocket launchers and all components and parts;
(v) Individually operated weapons which are portable and/or can be fired without special mounts or firing devices and which have potential use in civil disturbances and are vulnerable to theft and all components and parts;
(vi) Pyrotechnic pistols and other ground signal projectors and all components and parts;
(vii) Rifle grenade launchers and all components and parts;
(viii) Magazines and ammunition clips for items in this category.
(ix) Insurgency or counter-insurgency type firearms or other weapons having a special military application (i.e., close assault weapons systems), regardless of caliber, and all components and parts;
(x) Technical data related to the manufacture or production of any defense article enumerated above.
(2) The following items are considered to be SME accessories and require key point demilitarization worldwide:
(i) Gun mounts (including bipods and tripods). Key points are all attachment points/fittings and moveable joints.
(3) The following items are considered to be MLI accessories and require total or key point destruction worldwide, or as indicated:
(i) Silencers, suppressors and mufflers (total destruction).
(ii) Rifle scopes and all types of telescopic and optical sights including those designated for night sighting and viewing (key point destruction). Key points are attachment points/fittings, lenses, infrared source and as otherwise indicated by the ICA.
(4) The following items are considered to be MLI and do not require demilitarization:
(i) All other technical data (not in subparagraph (d)(1) above) and defense services directly related to any defense article enumerated in this category.
(e) Method and degree of demilitarizations.
(1) For items listed in subparagraph (d)(1) above, the preferred normal method of demilitarization is by torch cutting utilizing a cutting tip that displaces at least ½ inch of metal. All cuts will completely sever the item and be made in accordance with instructions applicable to the items being demilitarized as depicted in appropriate figures in Appendix 7 of DoD 4160.21-M-1, Defense Demilitarization and Trade Security Control Manual. Shearing, crushing, deep water dumping or melting may be utilized when such methods of demilitarization are deemed more cost effective and/or practicable and are authorized by appropriate authority.
(2) Machine Guns will be demilitarized by torch cutting utilizing a cutting tip that displaces at least 1/2 inch of metal or shearing the receiver in a minimum of two places or by crushing in a hydraulic or similar type press. The barrel will be torch cut, sheared or crushed in the chamber area and in two or more places to the extent necessary to prevent restoration. If the shearing or crushing method is used, the trunnion block and side frame must be completely cut through, broken or distorted to preclude restoration to a usable condition.
(3) Receivers shall be demilitarized by torch cutting in a minimum of two places utilizing a cutting tip that displaces at least 1/2 inch of metal or crushed to the extent necessary to preclude restoration to a usable condition.
(4) Bolts and barrels will be demilitarized by torch cutting utilizing a cutting tip that displaces at least 1/2 inch of metal or crushed to the extent necessary to preclude restoration to a usable condition.
(5) Accessories, i.e., silencers and mufflers, rifle grenade launchers, riflescopes and all types of telescopic and optical sights including those designed for night sighting and viewing, and gunmounts (including bipods and tripods) will be demilitarized by breaking, crushing or cutting in a manner which precludes restoration to a usable condition in accordance with instructions applicable to the items being demilitarized as depicted in appropriate figures contained in Appendix 7 of DoD 4160.21-M-1.
(6) Other metallic parts, will be demilitarized by cutting, crushing or melting.
(7) Technical Data, to include any reproduced copies, additional drawings and working papers, will be demilitarized by burning, shredding or pulping.
(f) If demilitarization by melting is authorized and the contractor does not possess the capability to perform this operation, this melting could be accomplished at contractor expense by Rock Island Arsenal. If you desire to use this method, contact Armament and Chemical Acquisition and Logistics Activity, ATTN: AMSTA-AC-PCW-C, Rock Island, IL 61299-7630, for a copy of "Attachment - Demilitarization by Melting/Demilitarization of Surplus Small Arms Weapons and Parts".
(g) The requirements of this clause shall apply to any packaging of Government property and excess property containing nonremovable markings required exclusively by this contract. Removable markings shall be removed before any nondemilitarized disposition.
(h) The contractor/subcontractor agrees that no items demilitarized, as stated above, will be disposed of by the contractor/subcontractor other than as scrap.
(i) Any excess property which arises out of this contract, but for which no demilitarization order was included in the contract, shall not be released, retained, sold, or disposed of in any manner without instructions from the ACO.
(j) Any requests for exceptions or waivers to this clause must be made in writing to the Procuring Contract Officer.
(k) The contractor further agrees that this clause, including this subparagraph (k), will be included in any subcontracts for the aforesaid items.
(End of Clause)
52.227-9005 Restrictions on Use of Boeing Rights Guard Technical Data
As prescribed in 27-402-90(c) insert the following clause:
RESTRICTIONS ON USE OF BOEING RIGHTS GUARD TECHNICAL DATA (AUG 2007) - DLAD
(a) Technical data furnished herewith (hereinafter Rights Guard technical data) is proprietary to The Boeing Company which has licensed the Government to use same for the procurement of replenishment spare parts for U.S. Government owned aircraft (E-3, E-8 and/or -135 series aircraft) and for no other purpose. Rights Guard technical data shall not be disclosed, in whole or in part, to any other person or entity other than to supplier's bidder's offeror's employees, having a need to know and who are under an obligation to preserve and protect such data under terms and conditions no less restrictive than those imposed herein, and then only for the purposes if responding to this solicitation or performing any resulting contract.
(b) The suppliers/bidders/offerors hereunder are prohibited from
(1) reproducing, in whole or in part, Rights Guard technical data;
(2) incorporating any information contained in such Rights Guard technical data into other documentation; or (3) otherwise utilizing such Rights Guard technical data, except for responding to this solicitation or performing any resulting contract. Each supplier/bidder/offeror shall include the authorized DFARS limited rights legend of 252.227-7013, Rights in Technical Data - Noncommercial Items (NOV 1995), identifying the Boeing Company as the owner, on all Rights Guard technical data that is incorporated, in whole or in part, into any technical data delivered by such supplier/bidder/offeror to the Government in response to this solicitation or as part of the performance of any resulting contract. In the case of the limited rights legend, the Contractor shall indicate such Rights Guard technical data as not being subject to an expiration date, if such date is required by the limited rights legend authorized under its contract.
(c) Rights Guard technical data provided by DLA, including any copies thereof, is to be destroyed according to the following schedule:
(1) Immediately upon decision to "no bid" the solicitation for which the data was received.
(2) Within 30 calendar days of being advised your company was not the successful bidder for the solicitation for which the data was requested and received.
(3) If the contract awardee, within 30 calendar days of contract completion.
NOTE: The DLA ANNUAL Certificate of Destruction DOES NOT IN ANY WAY IMPLY OR PROVIDE AUTHORITY FOR YOUR COMPANY TO RETAIN THE DATA BEYOND THE TIMEFRAMES ESTABLISHED ABOVE. Suspected and actual instances of data retention provided by DLA beyond these timeframes will be reported to The Boeing Company for remedy. Furthermore, failure to comply with this obligation shall be grounds for your removal from the list of qualified bidders for any other solicitation involving Boeing technical data.
(d) The Government and/or the Boeing Company shall have the right to audit supplier's/bidder's/offeror's records to ensure the destruction of Boeing proprietary data. The reviews may be conducted after giving fifteen (15) days written notice in advance of such reviews.
(e) All suppliers shall comply with MIL-STD-130 for the purpose of distinguishing any spare parts made using Boeing Rights Guard technical data.
(f) Prior to requesting the Rights Guard data, an Annual Certification for the Use of Rights Guard Technical Data must be on file at the Defense Supply Center Richmond (DSCR), DSCR-VAB, ATTN: Rights Guard Program, Richmond, VA 23297-5604. An Annual Rights Guard Destruction Certification must also be on file if your company has received Rights Guard Data and the time of destruction has passed. Forms are available by downloading at https://pcf1.bsm.dla.mil/cfolders/, (select “License Agreements”, then ’01 Boeing Rights Guard”).
(End of Clause)
52.227-9006 Use of Colt Industries Restricted Technical Data
As prescribed in 27-402-90(e) insert the following clause:
USE OF COLT INDUSTRIES RESTRICTED TECHNICAL DATA
(AUG 2007) - DLAD
(a) This data can only be transmitted and/or used by contractors within the United States, its territories and possessions. Canadian and Mexican manufacturers, e.g., as well as those in other foreign countries are not allowed to receive the data at all. These data cannot be used for purposes of Foreign Military Sales, or for export.
(b) Data released pursuant to this procurement was furnished under a limited use license agreement with Colt Industries for Government use in the manufacture of M16 items. Any use contrary to DFARS 252.227-7025 will give rise to third party beneficiary rights to Colt Industries. Bidders/offerors must retain the Colt's markings on the drawing intact.
(c) All contractors, immediately upon decision to “no bid” the solicitation for which the data was received, shall destroy all solicitation technical data, and provide written notice of destruction to the following:
Defense Supply Center Columbus
P.O. Box 3990
ATTN: DSCC-VTS
Columbus, OH 43218-3990
All unsuccessful bidders/offerors (those firms not receiving an award) shall destroy all solicitation technical data within 30 calendar days from the date of notification of award, and provide written notice of destruction. Upon completion of contract performance, the successful supplier/bidder/offeror shall destroy all solicitation technical data, including any copies thereof and shall provide to the Government a written notification to that effect. Failure to destroy the solicitation technical data and send written notification to the Government within the specified time, may result in disqualification from participation in future acquisitions involving Colt Industries restricted technical data requirements.
(d) Prior to obtaining technical data, a certification regarding the use of limited rights technical data form must be on file at the Defense Supply Center Columbus, ATTN: DSCC-VTS, P.O. Box 3990, Columbus, Ohio, 43218-3990. Forms are available for download at https://pcf1.bsm.dla.mil/cfolders/ (select “License Agreements”, then “05 Colt Industries.”)
(End of Clause)
52.227-9007 Restrictions on Use of OTO Melara-Limited Rights Technical Data
As prescribed in 27-402-90(d) insert the following clause:
RESTRICTIONS ON USE OF OTO MELARA LIMITED RIGHTS TECHNICAL DATA
(AUG 2007) - DLAD
(a) The United States Government requires that each bidder/offer/contractor receiving a copy of this solicitation followed by technical data (drawings, specifications, and any data contained therein) shall use such technical data solely for the purpose of submitting an offer for the manufacture of the supplies described in the solicitation. In the event a contract is awarded as a result of this solicitation, the contractor shall agree to make no disclosure of the solicitation technical data except as may be necessary to its suppliers for the furnishing of the supplies specified in the contract. To the extent that any such disclosure is made to the contractor's suppliers, the same nondisclosure agreement terms relative to the solicitation technical data also shall be applicable to the suppliers.
(b) This data is available only for competitive procurements and manufacture in the United States by U.S. firms. It shall not be released to foreign firms.
(c) The signature of the person(s) authorized to sign the solicitation and resultant contract shall constitute agreement to the nondisclosure requirement.
(d) All unsuccessful bidders/offerors (those firms not receiving an award) shall return all solicitation technical data via certified mail within 30 calendar days from the date of notification of award to:
Defense Supply Center Columbus
ATTN: DSCC-VTS
P.O. Box 3990
Columbus, OH 43218-3990
(e) All unsuccessful bidders/offerors shall agree to make no disclosure of the solicitation technical data except as may be necessary to their suppliers for the furnishing of prices for the supplies specified in the solicitation. To the extent that any such disclosure is made to the unsuccessful offerors’ suppliers, the same nondisclosure agreement relative to the solicitation technical data also shall be applicable to those suppliers.
(f) Successful bidders/offerors may retain the technical data for future United States Government procurements, unless otherwise notified.
(g) Failure to return the solicitation's technical data within the specified time may result in disqualification from participation in future MK-75 Gun acquisitions.
(h) Prior to obtaining technical data, a certification regarding the use of limited rights technical data form must be on file at the Defense Supply Center Columbus, ATTN: DSCC-VTS, P.O. Box 3990, Columbus, Ohio, 43218-3990. Forms are available for down load at https://pcf1.bsm.dla.mil/cfolders/ (select “License Agreements”, then “16 OTO Melara”).
(End of Clause)
52.227-9008 Restriction on Use of FN Herstal Technical Data
As prescribed in 27-402-90(b) insert the following clause:
Restriction on use of FN Herstal Technical Data (AUG 2007) – DLAD
(a) The United States Government requires that each bidder/offer/contractor receiving a copy of this solicitation and accompanying technical data (drawings, specifications, and any data contained therein) shall use such technical data solely for the purpose of submitting an offer for the manufacture of the supplies and/or services described in the solicitation. In the event a contract is awarded as a result of this solicitation, the contractor shall agree to make no disclosure of the solicitation technical data except as may be necessary to its suppliers for the furnishing of the supplies or services specified in the contract. To the extent that any such disclosure is made to the contractor's suppliers, the same nondisclosure agreement relative to the solicitation technical data shall be applicable.
(b) This data is available only for competitive procurements and manufacture in the United States and Canada by U.S and Canadian firms. It shall not be released to foreign firms.
(c) The signature of the person(s) authorized to sign the solicitation and resultant contract shall constitute agreement to the non-disclosure and non-use requirement.
(d) All unsuccessful bidders/offerors (those firms not receiving an award) shall destroy all solicitation technical data within 30 calendar days from the date of notification of award, and provide written notice of destruction to the following:
Defense Supply Center Columbus
P.O. Box 3990
ATTN: DSCC-VTS
Columbus, OH 43218-3990
Upon the completion of contract performance, the successful supplier/bidders/offerors shall destroy all FN Herstal technical data, including any copies thereof and shall provide to the Government a written notification to that effect.
(e) Failure to destroy the solicitation's technical data and send written notification to the Government within the specified time, may result in disqualification from participation in future MAG-58 automatic weapon acquisitions.
(f) Prior to obtaining technical data, a certification regarding the use of limited rights technical data form must be on file at the Defense Supply Center Columbus, ATTN: DSCC-VTS, P.O. Box 3990, Columbus, Ohio, 43218-3990. Forms are available for download at https://pcf1.bsm.dla.mil/cfolders/ (select “License Agreements”, then “06 Fabrique Nationale Herstal”).
(End of Clause)
52.228-9000 Insurance (FEB 2005) - DLAD
As prescribed in 28.310, insert the following clause:
The Contractor shall, at its own expense, provide and maintain during the entire period of any resulting contract, including any extensions granted by contract modification, at least the kinds and minimum amounts of insurance noted here:
Workers’ Compensation and Employer’s Liability - $100,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.)
General Liability- $500,000 per occurrence
Automobile Liability – Property damage $20,000 per occurrence, Bodily injury $200,000 per person and $500,000 per occurrence.
When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.
(End of clause)
52.229-9000 Kentucky Sales and Use Tax exemption.
As prescribed in 29.490(c), insert the following clause in solicitations:
KENTUCKY SALES AND USE TAX EXEMPTION (DEC 1984) - DLAD
Contracts awarded under this solicitation are exempt from the Kentucky Sales and Use Tax per Kentucky tax exemption _________________. No amounts for this tax should be included in bids/offers.
(End of clause)
52.229-9001 US Department of Treasury Tax-Free Ethyl and Denatured Alcohol Permits
As prescribed in 29.401-3(90) insert the following clause:
US DEPT. OF TREASURY TAX-FREE ETHYL AND DENATURED ALCOHOL PERMITS (JUN 2008) – DLAD
(a) Offered prices shall not include the tax for ethyl and denatured alcohol. The Contractor shall contact the Administrative Contracting Officer for permits required for withdrawal/shipment of tax free ethyl and denatured alcohol. The location of the Administering Office is reflected on the face of the award.
(b) No contract shall be awarded as a result of this solicitation to any offeror which has not, as of the date of award, obtained from the Department of the Treasury the appropriate permit authorizing it to sell tax-free ethyl alcohol or specially denatured alcohol as required by the solicitation. See Title 27 of the Code of Federal Regulations, Parts 20-22 for further information. Offerors are cautioned that the permit to be issued by the Administrative Contracting Officer will not satisfy this requirement.
(c) In the space provided below, each offeror will furnish the identification number and date of the permit(s) applicable to this solicitation.
Tax-Free Ethyl Alcohol Specially Denatured Alcohol
ID No.: Date: ID No.: Date:
(End of Clause)
52.229-9002 Tax Exemption Forms
As prescribed in 29.401-3(91) insert the following clause:
TAX EXEMPTION FORMS (JUN 2008) – DLAD
(a) FEDERAL EXCISE TAXES: Contractor's request for tax exemption forms covering any federal excise tax excluded from the contract price pursuant to the terms of this contract shall be forwarded to the Defense Supply Center Richmond, 8000 Jefferson Davis Highway, ATTN: DSCR-FASA, Richmond, VA 23297-5000, except for:
(1) Drummed or packaged supplies consigned to a port of embarkation for export where such certificates will be requested from the port transportation officer, and
(2) Deliveries to activities of federal departments, other than the military, or authorized Government contractors, in which case such activities shall indicate the procedure for processing tax exemption certificates.
(b) STATE AND LOCAL TAXES: Contractor's requests for tax exemption forms covering any state or local tax excluded from the contract price pursuant to the provisions of paragraph (b) of the clause entitled "Federal Excise, State and Local Taxes Excluded From Contract Price," shall be forwarded with Contractor's invoices or as otherwise indicated by the ordering officer.
(End of Clause)
Submission of Data on Facilities Capital Cost of Money.
52.230-9000 As prescribed in 30.7004-1 (c) or 30.7004-2 (b) (3), insert the following provision:
SUBMISSION OF DATA ON FACILITIES CAPITAL COST OF MONEY (FEB 2005) - DLAD
(a) Offerors claiming Facilities Capital Cost of Money in accordance with FAR 52.215-16 in Section L of this solicitation shall submit with their proposal the following data for each contractor fiscal year (or portion) covering the planned period of contract performance:
(1) A completed Form CASB-CMF or the cost of money factors,
(2) Data regarding the distribution percentages of facilities capital employed for Land, Buildings, and Equipment, and
(3) Status of the review/approval of this data by the cognizant administrative contracting officer (ACO).
(b) Instructions for completing Form CASB-CMF are available at FAR Appendix – Cost Accounting Standards, Appendix A to Section 9904.414.
(c) This provision does not apply when the offeror does not include facilities capital cost of money as a proposed cost in its offer.
(End of Provision)
52.232-9000 Progress Payment Data.
As prescribed in 32.502-4(90), insert the following clause:
PROGRESS PAYMENT DATA (AUG 2005)- DLAD
If this solicitation, award, or order contains clause 52.232-16, Progress Payments, the following additional terms and conditions apply when selected:
[ ] The liquidation rate for progress payments applicable to this contract is ___%.
[ ] Stocking Up Process. Progress payments shall apply only for costs incurred in the “stocking up process” as set forth elsewhere in this solicitation/contract, and will be limited to an amount computed by multiplying the guaranteed minimum quantity for each line item by the corresponding liquidation rate.
[ ] Unusually Large Order. Progress payments may be authorized at the sole discretion of the Contracting Officer when the Contractor is required to engage in a “stocking up process” of ______ days or more as the result of an unusually large order.
(End of clause)
52.232-9001 Invoice Confirmation – Commercial Manuals
As prescribed in 32.908-90 insert the following clause:
INVOICE CONFIRMATION – COMMERCIAL MANUALS (Jun 2008) – DLAD
Commercial manuals are to be distributed in accordance with (contracting officer to fill in appropriate form). Contractor shall confirm in writing that such distribution has been made. This confirmation, properly signed, will accompany the first invoice submitted for payment.
(End of Clause)
52.232-9002 Tare Included or Excluded
As prescribed in 32.908-90 insert the following provision:
TARE INCLUDED OR EXCLUDED (Jun 2008) – DLAD
As indicated by the Government, this solicitation/contract treats tare as follows:
[ ] Tare is included. The prices stated herein are based on the gross-weight of the supplies being purchased and payment will be made on this basis. Accordingly, in computing the number of pounds of material, tare shall be included. However, the Contractor shall not be compensated for the amount, if any, by which the tare exceeds the percent, allowed in the Specification, of the gross weight of the supplies (including tare) being purchased.
[ ] Tare shall not be included. The prices stated herein are based on the net-weight of the supplies being purchased, and payment shall be made on that basis. Accordingly in computing the number of pounds of material, tare shall not be included.
(End of Provision)
52.232-9003 Billing Weight and Payments for Carbon Steel or Steel Plate/Sheets
As prescribed in 32.908-91 insert the following provision:
BILLING WEIGHT AND PAYMENTS FOR CARBON STEEL OR STEEL PLATE/SHEETS (Jun 2008) – DLAD
(a) Offers will be evaluated on the basis of the total price per plate/sheet. For this purpose, the total price per plate/sheet will be computed by multiplying the price per pound offered by the billing weight per plate/sheet designated by the offeror in its offer (for which
5
space is provided below), and in the absence of such designation, by the Government's stated weight per plate/sheet on the description page.
(b) Payments will be made at the total price per plate/sheet multiplied by the number of plates/sheets accepted by and delivered to the Government multiplied by the number of pounds per plate/sheet indicated below. Invoices will be accepted for payment only on this basis.
ITEM NO. NATIONAL STOCK NO. (NSN) LBS. PER PLATE/SHEET
(End of Provision)
52.232-9004 Purchase Card Purchases – Vendor Rebate Program (VRP)
As prescribed in 32.206-90 insert the following clause:
PURCHASE CARD PURCHASES – VENDOR REBATE PROGRAM (VRP) (Jun 2008) – DLAD
Government entities with a Government-wide Commercial Purchase Card may make purchases directly from the contractor on this contract. Government-wide Commercial Purchase Card purchases will follow commercial practices to the maximum extent practicable including payment through the banking system. The contractor shall include a 7% surcharge for all government wide commercial purchase card purchases based on the total order value. The contractor will track the dollar value of purchase card sales that occur under the terms of the contract, and rebate the surcharge on those sales to DSCC. The contractor is required to submit a rebate check of 7% of purchase card sales, by sending a rebate check to the Defense Supply Center Columbus, ATTN: DSCC-RPF, P.O. Box 3990, Columbus, OH 43218-3990 on a quarterly basis and must reference the contract number on both the check and the envelope along with the word “REBATE.” The checks are to be made payable to Disbursing Officer, DFAS-CO. Additionally, each rebate check must be supported by data or documentation showing the total amount of sales/orders upon which the rebate is based, and the dollar amount of each sale/order. The checks are to be received by DSCC-RPF no later than the 25th day of January, April, July, and October. A copy of the rebate check and the supporting documentation are to be sent to the contracting officer. Each rebate payment is to correspond to purchase card sales for the preceding three-month period.
(End of Clause)
52.232-9005 Invoicing Instructions (Time-and-Materials or Labor-Hour Task Order Contract)
As prescribed in 32.111(a)(7)(90) insert the following clause:
INVOICING INSTRUCTIONS (TIME-AND-MATERIALS OR LABOR-HOUR CONTRACT) (Jun 2008) – DLAD
(a) Submitting Invoices – Invoices and vouchers shall be submitted in accordance with DFARS 252.232-7003.
(b) Final Payment – The final invoice under each task order shall be identified as final and list all invoices previously tendered under the task order. Final payment will be predicated upon the execution of a Material Inspection and Receiving Report (DD FORM 250) or other acceptance document, in addition to the COTR's certification. The last invoice for work performed under this contract will be so designated in order that a final, close-out audit may occur.
(c) Invoice Preparation – Invoices and vouchers shall contain the following information:
(1) Contract and Delivery Order Number
(2) Contract Line Item Number(s)
(3) Description of Work
(4) Straight time and premium time labor charges by number of labor hours, classification, and cost in accordance with paragraph (a) of the Payments under Time-and-
6
Materials and Labor Hour Contracts Clause, FAR 52.232-7 (Section I). Labor charges are to be substantiated by individual, daily time cards or a record of the time worked showing individuals by name, hours worked, and amounts charged. Charges for performance away from the local facility shall be certified by cognizant government personnel on the Certificate of Performance (Attachment ____) and Certificate of Service.
(5) Material cost (if any) – In accordance with paragraph (b) of FAR 52.232-7, material charges are to be substantiated by evidence of actual payment and shall include all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits.
(6) Subcontracts costs (if any) – In accordance with paragraph (b) of FAR 52.232-7. All subcontracts must be approved in writing by the Contracting Officer as specified in Section C.
(7) Travel and per diem costs (if any) – Amounts are to be in accordance with the pricing provisions in Sections B and C of this contract, and the requirements of the Joint Travel Regulations, Volume 2.
(8) Cumulative value of all billings to date.
(9) Other information required by the Certificate of Performance.
(10) Certification of Final Indirect Costs (FAR 52.242-4) – An executed certificate shall be submitted with each invoice requesting payment of indirect costs (including overhead, G&A, handling, and other cost rates applied as a percentage of direct costs). However, if a blanket overhead certification was provided when the established rate was negotiated, the following statement may be affixed to the invoice in lieu of the certificate:
"Indirect cost rates contained herein are in accordance with established rates negotiated with (Government agency and official) on (Date). The established rates are effective until (Date). A blanket certification of overhead as required by FAR 52.242-4 was made when the established rate was negotiated.”
(d) The Contractor shall submit the following invoice-related documents with the cost vouchers in WAWF:
(1) Invoice or Voucher
(2) Certificate of Performance
(3) Certification of Final Indirect Costs (when invoice includes indirect costs)
(4) DD Form 250 (when 252.246-7000 is included in contract)
(5) Supporting Data in 52.232-9005 paragraph (c)
(End of Clause)
As prescribed in DLAD 33.106 (c) a provision substantially as follows shall be inserted in all solicitations:
AGENCY PROTESTS (SEP 1999) - DLAD
Companies protesting this procurement may file a protest 1) with the contracting officer, 2) with the Government Accountability Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office. Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order No. 12979." (Note: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the contracting officer; this process is not an appellate review of a contracting officer's decision on a protest previously filed with the contracting officer). Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the contracting officer.
(End of provision)
52.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR).
As prescribed in 33.214, insert the following provision:
DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001) - DLAD
(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.
(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and with legal counsel ( see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.
(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.
( End of provision )
52.237-9001 Contractor Personnel Changes and Key Personnel Requirements
As prescribed in 37.110-90 insert the following clause:
CONTRACTOR PERSONNEL CHANGES AND KEY PERSONNEL REQUIREMENTS (APR 2008) – DLAD
1. Contractor Personnel Changes:
(a) The contractor shall have the right to remove his personnel assigned to perform the tasks hereunder and to substitute other qualified personnel provided that the Contracting Officer is notified of (and in certain circumstances approves) such removal and replacement. The contractor shall notify the Contracting Officer prior to such change, giving the new employee's name, security clearance and technical qualifications.
(b) Any removals or replacements for the convenience of the contractor shall be at no additional cost to the Government. Cost to be borne by the contractor include but are not limited to time of travel, travel and training costs for replacement personnel.
(c) Removals or replacements of contractor personnel shall be considered for the convenience of the contractor except when such removal is for:
(1) employees removed as a result of cancellation or completion of the contract,
(2) employees replaced due to death or incapacitating illness or injury,
(3) or employees removed or replaced at the Government's request.
(d) If any employee removes him/herself from the employ of the contractor, such removal will be at no additional cost to the Government.
2. Key Personnel Requirements:
(a) Certain experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as “Key Personnel” and are those persons whose resumes were submitted for evaluation of the proposal and are listed in paragraph 2. (c) below. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:
1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications.
2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.
(b) If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.
(c) The follow positions are identified as Key Personnel :
(Insert Key Personnel Positions)
(End of Clause)
52.237-9002 Key Personnel – Fixed-Price Service Contracts
As prescribed in 37.110-91 insert the following provision:
KEY PERSONNEL - FIXED-PRICE SERVICE CONTRACTS (APR 2008) – DLAD
(a) Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "Key Personnel" and are those persons whose resumes were submitted as part of the technical/business proposal for evaluation. The Contractor agrees to use said key personnel during the performance of this contract and that they shall not be removed from the contract work or replaced unless authorized in accordance with this clause.
(b) The Contractor shall not substitute key personnel assigned to perform work under this contract without the prior approval of the Contracting Officer. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a complete resume for the proposed substitute, and any other information requested or needed by the Contracting Officer to approve or disapprove the request. Proposed substitutes must have qualifications that are equal to or higher than the key personnel being replaced. The Contracting Officer or his authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.
(c) If the Contracting Officer determines that (1) suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the Contracting Officer may (1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at his discretion, if he finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage.
(d) The provisions of this clause shall be fully applicable to any subcontract which may be entered into.
(End of Provision)
52.237-9003 Site Visit Coordinator
As prescribed in 37.110(a)(90) insert the following provision:
SITE VISIT COORDINATOR (APR 2008) – DLAD
(a) Interested prospective offerors may make an appointment to visit the site of installation by contacting the site visit coordinator or his or her alternate, during normal work hours/local time at the site. Contact information for the site visit coordinator and his or her alternate is as follows:
PRIMARY NAME:
PHONE NO:
ALTERNATE NAME:
PHONE NO:
(b) Prospective offerors are notified that remarks or explanations provided during a site visit shall not qualify the terms of this solicitation. Unless and until this solicitation is amended in writing, terms of the solicitation and specifications remain unchanged.
(c) Site visitors requiring interpretation or clarification of technical or contractual requirements included in this solicitation are encouraged to submit their questions and any information obtained during the site visit to the Contracting Officer, by contacting the individual identified on the face of the solicitation.
(End of Provision)
52.239-9000 – Y2K COMPLIANCE NOTICE– DLAD
As prescribed in 39.106(a)(92), insert the following in solicitations and contracts.
Y2K COMPLIANCE NOTICE (Jun-2002) (DLAD 52.239-9000)
The contractor shall ensure that all items/products delivered under this contract (or order) that contain embedded microchips with a clock mechanism, timing device, or control device and are required to perform date/time processing involving dates subsequent to December 31, 1999, shall be Year 2000 (Y2K) compliant.
“Y2K Compliant” means to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first century, and the years 1999 and 2000, and leap year calculations, to the extent that other Information Technology (IT) and non-IT items being acquired properly exchange date/time data with it.
The Government reserves the right to test delivered items for Y2K compliance.
(End of Clause)
52.242-9000 Production Progress Reports.
As prescribed in 42.1107(a), insert the following clause:
PRODUCTION PROGRESS REPORTS (Jul 2006) - DLAD
(a) The contractor shall prepare DD Form 375, Production Progress Report, and DD Form 375C, Continuation (as necessary) for the following contract items:
______________________________________________________________
(b)(1) Unless otherwise indicated in paragraph (b)(2) below, the forms shall be submitted on a monthly basis within two workdays after each reporting period, beginning thirty (30) days after award.
(2) The forms shall be submitted on a _____ basis within two workdays after each reporting period, beginning _________________.
(3) In addition to the above indicated timeframes, the contractor shall promptly submit DD Form 375 reporting any delay in the scheduled delivery or completion as soon as known or anticipated.
(c) The forms shall be sent to the following offices as indicated in the contract/award document:
(1) |
Contracting Office (Issued by) |
(2) |
Administration Office (Administered by) |
[ ](3) |
Status Control Activity or Inventory Control Manager |
[ ](4) |
(End of clause)
52.242-9001 Notification of Shipment
As prescribed in 42.14(90) insert the following clause:
NOTIFICATION OF SHIPMENT (AUG 2007) – DLAD
Seventy-two (72) hours before shipment of IPE, the Contractor shall provide the following shipping information to the Contracting Officer:
Ø CONTRACT/DELIVERY ORDER NUMBER(S),
Ø ID NUMBERS,
Ø BILL OF LADING NUMBER(S),
Ø CARRIER,
Ø MODE OF SHIPMENT,
Ø WEIGHT,
Ø CUBE, AND
Ø DATE THE ITEMS WILL BE SHIPPED.
(End of clause)
52.242-9002 Manufacturing Directive Number (MDN) for Use In Identifying Government-furnished Property (GFP) Transactions
As prescribed in 42.14(91) insert the following clause:
MANUFACTURING DIRECTIVE NUMBER (MDN) FOR USE IN IDENTIFYING GOVERNMENT-FURNISHED PROPERTY (GFP) TRANSACTIONS (JUL 2008) - DLAD
A manufacturing directive number (MDN) will be assigned to any contract resulting from this solicitation/contract for use in identifying Government-furnished property (GFP) transactions. This number will be entered on receiving, shipping and disposition documents prepared under the contract terms to identify each receipt of components into the assembler’s plant and each shipment leaving the assembler Contractor’s plant, whether assembled rations or components, including shipments to other Contractors, shipments to consignees, material shipped at the end of the contract, and material reported destroyed. GFP transaction identification is required on a single copy of the receiving document for components entering the Contractor’s plant and the shipping document for items leaving the assembly Contractor’s plant as follows:
On a single copy of each receiving report (DD Form 250 or other shipping document) for all shipments of components received from component suppliers (other than packaging, packing, or crating), the Contractor will enter in the “mark for” block the MDN and the last four digits of the assembly contract number, i.e., MDN XXX and contract XXXX. The single copy is that copy identified elsewhere in the contract for distribution to:
Defense Supply Center Philadelphia
ATTN: DSCP-FT
700 Robbins Avenue
Philadelphia, PA 19111-5092
(End of Clause)
52.242-9005 Report of Shipment (Reship) of Perishable Medical Items
As prescribed in 42.1107(b) insert the following clause:
REPORT OF SHIPMENT (RESHIP) OF PERISHABLE MEDICAL ITEMS (APR 2008 MEDICAL) – DLAD
Unless otherwise directed by the contracting officer, the contractor shall send a prepaid notice of shipment to the consignee transportation officer for all shipments of perishable medical items when given to a commercial carrier (common, contract or private) for shipment within the United States. The notice shall be transmitted by rapid means (telephone or teletype) to be received by the consignee transportation officer at least 24 hours prior to the arrival of the shipment. It shall contain all information listed below and be prominently identified as being a "Report of Shipment of Perishable Medical Items" or, "REPSHIP FOR T.O. PERISHABLE MED ITEMS". (Refrigerated items which are restricted as to length of time during which they can be without temperature control shall not be entered into the postal system, even though they otherwise qualify for this service.) The following information will be included in the REPSHIP:
(a) REPSHIP FOR T.O. PERISHABLE MED ITEMS (date of message).
(b) Transportation Officer.
(c) Consignee name and address.
(d) Bill of Lading (BL) number.
(e) Document identification, viz. requisition (RQN) no., and contract or purchase order number.
(f) Item identification and protective requirements.
(g) Route (all participating carriers).
(h) Carrier identification number if other than BL number, such as air bill or air express receipt number.
(i) Flight number (when appropriate).
(j) Departure time (date/hour).
(k) Estimated delivery time, indicated on the BL as DDD.
(l) Deadline delivery time (date/hour, a.m. or p.m., that item must be returned to refrigerator/freezer or re-iced).
(m) A request for the consignee to contact the local carrier to trace and expedite delivery if not received by the estimated delivery time (k) above).
(n) Name and address of contractor.
(End of Clause)
52.242-9006 Delay of Installation for Medical and Laboratory Instrumentation
As prescribed in 42.1305-90 insert the following clause:
DELAY OF INSTALLATION FOR MEDICAL AND LABORATORY INSTRUMENTATION (APR 2008 MEDICAL) – DLAD
(a) Installation (reference installation clause) shall not commence until authorized by the Chief of Medical Materiel Services (CMMS) at the hospital. It shall be the Contractor's responsibility to inform the CMMS with information copy to the contracting officer, of any problems which may be anticipated in connection with installation or which will adversely affect performance once installation is completed. Such matters as inadequacy of power supply, limitations of site, or inadequate preparation of site shall be included in information reported prior to start of installation. Installation shall not proceed under such circumstances until notified by the CMMS at the hospital, with information copy to the contracting officer.
(b) Unless otherwise authorized by the contracting officer, installation of the system/equipment shall in no event exceed ____________________ calendar days from the date of notice to proceed with installation.
(c) In the event that progress in the installation is interrupted through no fault of the contractor, the continuous installation referred to in the installation clause may be terminated until such time as the cause of delay has been eliminated, and then shall be resumed within 24 hours after the contractor has been notified by the CMMS that work may again proceed. (Except in those situations where life and/or property would be imperiled by such delay, termination of installation shall be made only after 2 hours notice has been given to CMMS at the hospital receiving installation.)
(End of Clause)
52.245-9001 Evaluation of Use of Government Furnished Property
As prescribed in 45.106(90) insert the following provision:
EVALUATION OF USE OF GOVERNMENT FURNISHED PROPERTY (Jan 2007) - DLAD
(a) The term "Government Property", as used in this clause, shall be synonymous with the term "Government Furnished Property", as defined in FAR 45.101.
(b) Government property to the extent, if any, itemized below is offered for use without charge in performance under the item(s) with which it is identified. The offeror shall identify in its offer which, if any, of the items under this solicitation is offered by it on the basis of the Government making available without charge any of the listed Government property, and the period of use, in months, said property is to be made available to the offeror in performance of an awarded contract.
FOR EVALUATION PURPOSES | |||||
ITEM NO. |
IDENTIFICATION OF GOVERNMENT PROPERTY |
PRESENT LOCATION |
ACQUISITION COST |
RATE |
Period of Use |
(c) The Government property to be furnished in accordance with this clause shall be delivered by the Government within ____ days after the effective date of the award/contract at a point specified in accordance with FAR 52.247-55 “F.0.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY." The offeror is requested to specify in the space below, by item, the F.O.B. Point for the delivery of the Government furnished property that will be used in contract performance.
FOR EVALUATION PURPOSES | |||
F.O.B. POINT |
Private Rail Siding | ||
ITEM NO. |
(cite name, street address, city, state and zip code) |
Yes (State name of rail carrier) |
No (State name and address of nearest public rail siding and carrier) |
(d) If, in performance of any contract resulting from this solicitation, the offeror intends to use any Government owned property, such use shall be a factor in evaluating the offer and awarding the contract in accordance with Federal Acquisition Regulation (FAR) Part 45, Subpart 45.2, in order to avoid any competitive advantage that might accrue to a Contractor possessing Government property. Once the Contracting Officer determines the necessity, this is done by either:
(1) Newly Furnished GFP: adjusting the offers of those contractors by applying, for evaluation purposes only, a rental equivalent evaluation factor, or by charging the Contractor rent for using the property. In evaluating offers, the contracting officer shall also consider any costs or savings to the Government related to providing such property, regardless of any competitive advantage that may result (see FAR 45.202-3). Computation of the rent charge or the rental equivalent evaluation factor will be made in accordance with the clause at FAR 52.245-9, “USE AND CHARGES”.
(2) Existing GFP (Any offeror who desires to use Government property in its possession or for which it is an authorized user, or in the possession of its subcontractor or for which its subcontractor is an authorized user):
a. Offeror shall furnish a copy of the written permission of the Contracting Officer having cognizance of the property for use of such facilities or tooling to include a statement as to whether or not rental will be charged for such use and the amount of monthly rent which would be charged for such use but for any rent-free use permission.
b. If use is to be rent free, the offeror must provide the rent computed as provided by the contract or, in the absence of a contractual rate, by the clause set forth in FAR 52.245-9 entitled "Use and Charges", which the Government will use as an evaluation factor pursuant to FAR Subpart 45.2 in evaluating the offer. If use of the Government property is permitted, the offeror must:
i. List or describe the Government property;
ii. Identify the contract or other instrument under which the Government property is held and the date contract/instrument is to expire.
iii. State the number of months during which the Government property will be used; and with respect to any such Government property which will be used concurrently in the performance of two or more contracts, state the amounts of the respective uses in sufficient detail to support the proration of rent between work resulting from an award under this solicitation and such other work.
(e) The following list of known Subcontractors, if any, possessing Government Property which, in the past or currently, has been authorized for use in manufacturing components or parts of the items to be procured is set forth below.
FOR EVALUATION PURPOSES | ||
ITEM NO. |
IDENTIFICATION OF GOVERNMENT PROPERTY |
PRESENT LOCATION (Including name of Subcontractor) |
(f) In the event any Subcontractor desiring to use Government property on a no-charge basis refused to quote to any prospective Prime Contractor, the Government reserves the right to:
1) Refuse to authorize the Subcontractor's use of such property; or
2) Evaluate 100 percent of the acquisition cost of said Government property against the bid of the Prime Contractor proposing to use such Subcontractor.
(End of Provision)
52.245-9002 Use of Government Furnished Property
As prescribed in 45.106(91) insert the following clause:
USE OF GOVERNMENT FURNISHED PROPERTY (Jan 2007) - DLAD
(a) The Government shall furnish to the Contractor on a rent free or no charge basis the government property listed below for the period and for use in performance of this contract as shown:
IDENTIFICATION OF GOVERNMENT PROPERTY |
QUANTITY |
PERIOD OF USE |
PRESENT LOCATION |
(b) The above listed Government property shall be delivered by the Government within ________ days after the effective date of the award/contract F.O.B. _______ in accordance with FAR 52.247-55 “F.0.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY."
(c) Except to the extent specifically authorized elsewhere in this contract, no use of Government property other than as described and permitted above shall be authorized unless such use is approved in writing by the Contracting Officer and either rent calculated in accordance with the Use and Charges clause set forth in FAR 52.245-9 is charged or the contract price is reduced by an equivalent amount.
(End of Clause)
52.245-9003 – Transportation Costs of GFP
As prescribed in 45.106(92)(a) insert the following clause:
TRANSPORTATION COSTS OF GFP (Jan 2007) - DLAD
(a) In accordance with FAR 52.245-2, Government Property Installation Operation Services, or FAR 52.245-4, Government Furnished Property (Short Form) the Government will furnish at no cost to the Contractor the property specified below for the use performing the resulting contract:
ITEM NO. |
IDENTIFICATION OF PROPERTY |
QTY |
UNIT PRICE |
(b) The Government will deliver government furnished property to the Contractor's plant in accordance with FAR 52.247-55, F.O.B. Point for Delivery of Government-Furnished Property. Offerors must indicate in the space below the name and address of the plant where the property will be utilized. In the absence of so indicating, the Government will assume and evaluate offers on the assumption that the property will be utilized at the plant specified by offerors in their offers under the heading “Production Facilities,” or Block 15A of SF33.
Offeror to complete:
Plant: _______________________________________________
Street Address: ________________________________________
City and State: ________________________________________
(c) In the evaluation of the offers, in response to this solicitation, among the factors to be considered in determining the low offeror will be the cost of transporting Government-furnished property to the contractor's plant. Land methods of transportation by regulated common carrier will be used to evaluate cost of transportation from the Government's place of shipment (cited below) to the offeror’s plant (paragraph b). This transportation cost will be added to the offered price to determine the overall cost to the Government; however, if the location from which the government furnished property will be shipped is not known at the time of issuance of the solicitation, the cost of transporting such property to the offeror’s plant will not be a factor in the evaluation of offers.
Government furnished materials will be shipped from: ____________________________________
Weight: _____________________________________
Cube: ______________________________________
(d) The delivery schedule contained in Section F is based on the assumption that delivery of Government-furnished property will be made to the contractor within 45 days, unless otherwise indicated, after date of award.
(e) Contractor's Receipt for GFP: Concurrently with each shipment of GFP, the Government will furnish the Contractor with shipping documents setting forth the exact quantity of property furnished. Within five days after receipt of GFP for performance under this contract, the Contractor shall acknowledge receipt on the Government shipping documents and return them to ___________________________________________________. The Government reserves the right to suspend further shipments of property until receipts for GFP have been properly prepared and received by the Government. Notwithstanding any other contract provision, delays by the Contractor caused by suspension of GFP shipments for failure to meet this provision shall not constitute an excusable delay within the meaning of the contract.
(End of clause)
52.245-9005 Government-Owned Tooling
As prescribed in 45.306-5(91), insert the following clause:
GOVERNMENT-OWNED TOOLING (Jan 2007) - DLAD
Offers submitted on the basis of utilization of Government-owned tooling, as specified herein, must offer the total quantity of goods and services listed in the solicitation.
(a) Availability:
(1) Tooling/set(s) of tooling as listed in the attachment to this solicitation is available and may be inspected at:________________________________________________________
(2) The Contractor will be responsible for repairs and replacements to the tooling/set(s), if any, and all such repairs and replacements will be accomplished by the Contractor at his own expense.
(3) Such tooling will be furnished "as is" in accordance with the Clause in FAR 52.245-19, Government Property Furnished "As Is" of this solicitation.
(b) Inspection of Tooling: Offerors whose offer is based on the use of the Government-owned tooling must satisfy themselves that such tooling is suitable for their use. Any costs of transporting, installing, modifying, repairing, or otherwise making the tooling suitable for use shall be borne by the successful offeror. If a prospective offeror is interested in inspecting the Government-owned tooling, arrangements should be made by contacting the Contracting Officer who will coordinate with the appropriate Special Tooling Coordinator. Contact shall be made at least ten (10) working days prior to the time of the inspection to be made at the location indicated in paragraph (a)(1) above.
(c) Suitability for use: FAR 52.245-19 is applicable to the contract. If the contractor modifies, repairs, or otherwise makes the tooling suitable for use, then the Contractor is required to maintain that special tooling in accordance with sound industrial practice. This is understood to mean that the Contractor will furnish all repairs and replacements necessary to maintain the tooling/set(s) in a condition to produce specification items throughout the period of production.
(End of clause)
52.245-9006 Use of Government-Owned Tooling
As prescribed in 45.306-5(92), insert the following clause:
USE OF GOVERNMENT-OWNED TOOLING (Jan 2007) - DLAD
The Government intends to furnish special tooling listed/described in this solicitation rent-free to the successful offeror. If offer is based on using Government tooling, a rental equivalency evaluation factor will be added to the offeror’s offered price. Each offeror must indicate below whether or not his offer is based on the use of Government-owned tooling:
OFFER IS [ ] IS NOT [ ] BASED ON USE OF GOVERNMENT-OWNED TOOLING LISTED HEREIN.
(End of clause)
52.245-9007 Use of Government-Owned Special Tooling or Test Equipment
As prescribed in 45.306-5(93), insert the following clause:
USE OF GOVERNMENT-OWNED SPECIAL TOOLING OR TEST EQUIPMENT (Jan 2007) - DLAD
This office has no knowledge of Government-owned special tooling or special test equipment for this item. If an offeror has knowledge of the existence of any Government-owned special tooling or test equipment used in the manufacture of this item and desires to use such, then that offeror shall furnish a copy of the written permission of the Contracting Officer having cognizance of this property. The written permission for use of the special tooling or special test equipment is to include a statement as to whether or not rent will be charged and the amount of monthly rent which would be charged for such use but for any rent-free use permission. If use of the tooling or test equipment is permitted, the offeror must also furnish:
(a) A list or description of the tooling or test equipment;
(b) The facilities contract number, or other instrument number, under which the special tooling or special test equipment is held and date contract/instrument is to expire; and
(c) A statement of the number of months during which the facilities or tooling will be used. If such special tooling or test equipment will be used concurrently in the performance of two or more contracts, state the amounts of the respective uses in sufficient detail to support the proration of rent between work resulting from an award under this solicitation and such other work.
(end of clause)
52.245-9008 Use of Government Facilities on a No Charge Basis
As prescribed in 45.302-6(90), insert the following clause:
USE OF GOVERNMENT FACILITIES ON A NO CHARGE BASIS (Jan 2007) - DLAD
[] (a) The contractor is authorized to use, on a rent-free basis, in the performance of this contract, the Government-owned facilities provided under Contract No. .
[] (b) This contract is for an FMS requirement. The contractor is authorized to use the Government-owned facilities provided under Contract No. . As rental for use thereof, the contractor must remit monthly the sum of $ to the ACO of the office designated for the administration of this contract.
(End of clause)
52.245-9009 Government-furnished Property
As prescribed in 45.106(93) insert the following clause:
GOVERNMENT-FURNISHED PROPERTY (GFP) (Jul 2008) - DLAD
The Government will furnish at no cost to the Contractor for use in performance of the contract property specified below:
PROPERTY |
QUANTITY () ESTIMATED |
VALUE () ESTIMATED |
The GFP will be delivered to the Contractor F.O.B. storage location, DSCC, and the Contractor will be responsible for transportation to the work site(s). If the Contractor requires materials, in excess of the amounts stated above, such additional materials will be furnished by the Government; however, the Contractor must bear the cost thereof. The cost of excess materials will be withheld by the Government from payments due the Contractor, unless the Contractor makes other arrangements with the contracting officer for payment.
The Government materials will be made available by the Installation Management Office (DES-CI), as needed by the Contractor.
(End of Clause)
52.245-9010 Government-furnished Property (GFP): Hubs, Dies, Molds, Shaping Blocks, Guide Samples, and Inspection Gauges
As prescribed in 45.106(94) insert the following clause:
GOVERNMENT-FURNISHED PROPERTY (GFP): HUBS, DIES, MOLDS, SHAPING BLOCKS, GUIDE SAMPLES, AND INSPECTION GAUGES (Jul 2008) - DLAD
(a) Government-furnished Hubs, Dies, Molds, Shaping Blocks, Guide Samples, and Inspection Gauges:
The Government will furnish on a loan basis to the Contractor, if required, the Government property indicated in 52.245-1 and/or 52.245-9001 when the offeror checks the appropriate blocks shown below and indicates the receiving address for receipt of GFP. Failure to check the appropriate blocks will be considered an indication that the offeror does not require GFP. GFP will be returned to __________________________________.
[ ] Shaping Blocks and Molds Required
[ ] Hubs/Dies Required
[ ] Guide Sample Required
[ ] Inspection Gauge Required
Contractor's receiving address for GFP:
(b) GFP
(1) Hub(s) or Production Dies:
(i) Hub(s) are only authorized for use in making production die(s) for the manufacturing of end items under this contract. Similarly, GFP production die(s) will be used for the manufacture of end items under this contract only.
(ii) The Contractor shall be responsible for the cost of damaged hubs/dies due to its negligence while the GFP is in its possession. Examples of damage caused by negligence include, but are not limited to: cracks, chipping, smashing, tool tampering, modification, or re-annealing. Any of these could adversely affect the serviceability of the hub/die for future use, as determined by the contracting officer or its authorized representative. When a determination has been so made, the Contractor will be assessed in the amount stated under “Unit Acquisition Cost” in 52.245-9001.
(2) Guide Samples
(i) Guide samples are to be used for guidance purposes only such as color, finish, trimming, and piercing characteristics. For any inconsistency between contractual requirements and those characteristics exhibited on the guide sample, the former takes precedence.
(ii) The Contractor will be responsible for the loss or damage of the guide sample or the destruction of the sealed envelope enclosure. Upon loss or damage, the Contractor will be responsible for the replacement value of the guide sample.
(iii) The Contractor must request permission from the contracting officer to retain the guide sample(s) for use on concurrent or consecutive contracts.
(3) Shaping Blocks and Molds
(i) Shaping blocks(s) or mold(s) will be furnished as GFP when requested by the Contractor to be used as a guide to manufacture production shaping blocks or molds required in the manufacture of end item(s).
(ii) The Contractor will be responsible for loss or damage of shaping blocks or molds while in its possession. The Contractor will be assessed cost, as cited in valuation above, to replace shaping block(s) or mold(s).
(iii) The Contractor may not use shaping block(s) or mold(s) as a production tool to manufacture end item(s).
(iv) The Contractor must request permission to retain shaping block(s) or mold(s) from the contracting officer for use on concurrent or consecutive contracts.
(v) The shaping blocks to be used as Government-furnished material, cited in paragraph (3), are to be retained by the Contractor and will be permitted for use in future procurements only if in compliance with specifications and pattern requirements.
(4) Inspection Gauges
(i) The inspection gauges listed in 52.245-1 and/or 52.245-9001 are required for performing certain dimensional and size examinations under this contract. Although the Contractor is not precluded from utilizing its own gauges, in case of dispute, the Government results obtained by use of the Government gauge shall govern. The inspection gauges listed above are available and will be loaned to the Contractor.
(ii) The Government shall not be responsible for damage to property of the Contractor or for personal injuries to the Contractor's officers, agents, servants, or employees, or to any other persons on the Contractor's premises, whether as invitees, licensees, or trespassers, arising from or incident to the use of the inspection gauge(s), and the Contractor shall save and hold the Government harmless from any and all such claims.
(iii) Government inspection gauges loaned to the Contractor will be made available to the Government quality assurance representative when required in performing verification examination.
(End of Clause)
52.245-9011 Government-furnished Material (GFM) (Bailment System) and Property Administration
As prescribed in 45.106(95) insert the following clause:
GOVERNMENT-FURNISHED MATERIAL (GFM) (BAILMENT SYSTEM) AND PROPERTY ADMINISTRATION
(Jul 2008) - DLAD
[Limitations on applicability of certain sections of this clause for Webbing or Tape or Short
Pieces, are as follows:
1. When webbing or tape is issued as GFM for equipment items, the first sentence of
subparagraph 2(a)(3); and subparagraph 2(a)(4) are not applicable to the acquisition.
2. When the solicitation provides up to 100% of total allowance for short pieces, the first
sentence of subparagraph (a)(3) is not applicable to the acquisition.]
(a) Material to be Made Available by the Government:
(1) The Government will make available to the Contractor, for use in connection with and under the terms of this contract, the materials set forth below (hereinafter referred to as Government material), and the Contractor shall utilize such materials in the furnishing of supplies or services hereunder. The Government reserves the right to furnish such cloth put up either in rolls or folded, whenever such cloth is 46 inches wide or narrower. Cloth more than 46 inches wide will be furnished put up on rolls. The Government shall be the sole source of the supply of the materials listed herein and only such material obtained from the Government under this contract may be used in the performance of this contract. Price for cloth is based on gross yardage with no allowance for imperfections. Material furnished shall be charged to the Contractor's account in multiples of one yard. Where material furnished contains fractions of a yard, the yardage shall be rounded to the whole yard. Fractions of less than one-half yard will be rounded to the next lower full yard; fractions of one-half yard or more will be rounded to the next higher full yard, e.g., 159 1/4 yards shall be rounded to 159 yards; 159 1/2 yards shall be rounded to 160.
TYPE OF MATERIAL UNIT PRICE LOCATION
(2) the offeror shall determine the quantity of Government material it will require in the performance of the contract and shall include the value of such material in its offered price(s). To calculate the value of the Government material, the offeror shall multiply the quantity of Government material it will require per unit by the unit price of the material set forth in paragraph (a)(1) of this clause.
(3) The Government reserves the right to make available not more than 10% of the material in short pieces. The Contractor shall cut and use short pieces furnished and/or generated and not retain them for return to the Government at completion of the contract. Only the types of materials listed above will be made available to the Contractor by the Government. All other types of materials required in the performance of this contract shall be furnished by the Contractor.
(4) The Government may furnish material in widths other than those specified herein. Where such other widths are furnished, the quantity thereof shall be converted to the mathematical equivalent in linear yards of the width specified and the value of the material furnished and returned will be determined accordingly. It is expressly agreed that this method of adjustment shall be exclusive. It is further agreed that regardless of widths furnished, the Government material shall not be deemed deficient or defective within the meaning of (k) below.
OR
(APPLICABLE FOR THE FOLLOWING ITEMS ONLY):
Tent Liners; Cover, Maintenance, Frame Supported; Fly, Tent; Screen, Latrine; Windbreaker, Flexible Material; Shelter Half, Tent; Cover, Tent (Various Type Tents and Sizes); all Paulins, except: Paulin, Ctn. Duck, or Wind Measuring Set, Paulin Ctn. Duck 20 ft. x 20 ft., Paulin, Laminated, Vinyl-Nylon, flexible; all Tents, except: Tent, Air-Supported, Launcher, Hawk System; Tent, Nike-Hercules, Air-Supported; Tent, Pyramidal, 3-4 Man Type; Tent, Radome, Air-Supported; Tent, Mountain, 2-Man.
(4) The Government may furnish material in widths other than those specified herein. When the width furnished differs from the specified width by more than plus or minus 2 inches, the Contractor shall be entitled to an equitable adjustment in accordance with paragraph (k) herein if such substituted width causes increased performance costs; provided, however, that no equitable adjustment shall be allowed unless the 5-day and 30-day notices in paragraph (k)(2) and (k)(3) shall first have been given as provided therein. Notwithstanding the foregoing, for administration of the Government material account, where widths other than those specified are furnished, the quantity thereof shall be converted to the mathematical equivalent in linear yards of the width specified and the value of the material furnished and returned will be determined accordingly.
(5) In the event the Government makes the material available at locations other than those specified above, or requires the return of the material to a location other than specified above, freight adjustment(s) shall be made in the same manner as prescribed in the Changes clause specified in the solicitation/contract. No adjustment of less than $50.00 will be made pursuant to this paragraph.
(b) Property Account Number: The property account number is the contract number. Consolidated records are not authorized. The Contractor shall maintain separate records for each contract.
(c) Contractor's Request for Government Material: It shall be the responsibility of the Contractor to request its requirements of the Government material, pursuant to the provisions of this clause, in sufficient time to comply with the delivery schedule of the contract. In the event that the Contractor requests Government material in excessive quantities, the contracting officer may, at his or her discretion and prior to release of any such excessive Government material, require the Contractor to submit such evidence as the contracting officer may deem adequate to support the Contractor's request for such material. When submission of such evidence is required, the Contractor shall also provide a copy of the same to the assigned property administrator located at the cognizant Defense Contract Management Agency (DCMA) Office. Failure of the Contractor to furnish such evidence when required shall justify the contracting officer in refusing to grant the Contractor's request for such Government material. When the request for excessive Government material is approved, the value of that material shall be withheld from subsequent payments due the Contractor under this or any other contract pending final adjustment at completion of contract performance (see paragraph (e) of this clause).
(d) Availability of Government Material: For each required delivery of material, the Contractor shall submit a properly executed original DSCP Form 1786, Prime Contractor's request for Government material, to the Commander, Defense Supply Center Philadelphia, 700 Robbins Avenue, Bldg 6-1-D, Philadelphia, PA 19111-5092, ATTN: Material Accountability Section, Directorate of Clothing & Textiles, DSCP-FQCA. The Contractor shall also provide an informational copy of each request for material to the cognizant DCMA property administrator. The Contractor shall be solely responsible for making transportation arrangements for the pickup and delivery of this material, using its own truck, or a leased or rental carrier. These arrangements shall be specified by the Contractor on the DSCP Form 1786. The Government material will be available for pickup not later than 21 calendar days after receipt of the original DSCP Form 1786 by the Government. The Contractor and the cognizant DCMA property administrator will be furnished copies of DSCP FL 504, Government-furnished Material Information, which will indicate the availability date of the Government material. On or after this date, such material may be picked up at the location specified above. Prior to pickup, the Contractor shall contact the storage location to coordinate the exact date for pickup and provide the name of the motor carrier to be used. If such pickup is not made within 10 calendar days after the availability date specified on DSCP FL 504, or the actual date the Government material becomes available, whichever date is later, the Government reserves the right to return the Government material to storage, unless a revised date for its pickup has been requested by the Contractor. If the Contractor later requires this Government material which has been returned to storage, submission of a new DSCP Form 1786 will be required. The Government will not be liable for any additional expense, delay, or loss incurred by the Contractor as a result of the aforementioned action being accomplished. All material picked up at the location specified will be made available at the shipping platform. Loading into the vehicle will be the responsibility of the Contractor or its representative. Delivery of the Government material shall be deemed to be accomplished when the material has been picked up by the Contractor, or its authorized representative.
(e) Payment: Upon delivery of end items, $____ per unit will be deducted from the contract price and applied to cover the value of the Government material. (This is an administratively determined rate to be offset against the value of the Government material furnished the Contractor, and should not be used by the offeror to determine its material requirements on which to base its offer price.) The balance of the contract price, less discounts computed on the basis of the amount remaining payable, shall be paid to the Contractor. The Contractor shall bill at the contract unit price, and shall also reflect deduction for the administratively determined rate per unit. Subsequent to final delivery, the Government shall issue a unilateral modification to the contract for the purpose of adjusting and finalizing the Government material account. Adjustments to the account shall be made as follows:
(1) if the total amount deducted from the contract price to cover the value of the Government material exceeds the value of all such material furnished the Contractor, the Contractor shall receive payment of the excess amount; or,
(2) if the total value of the Government material furnished the Contractor exceeds the amount deducted from the contract price to cover the value of the Government material, the Contractor shall reimburse the Government for the value of such material for which sufficient deductions were not taken. Regardless of the amount of Government material consumed, the unit cost to the Government of each item accepted including Government material shall not exceed the contract unit price for the item. (See notice requirements contained in paragraphs (k)(2) and (k)(3) below.) Should the Contractor take exception to any portion of the data contained in the modification, such exception, with supporting data, must be presented in writing to the contracting officer within 30 calendar days of the Contractor's receipt of the modification in order to be considered.
(f) Value of Government Material Furnished Contractor: To determine the total value of Government material furnished the Contractor, the Contractor will be charged for the total value of material furnished at unit prices stated in (a) above less $______ per rejected end item purchased by the Contractor and will receive credit at the unit price specified in (a) above for Government material unconsumed and returned by him in an undamaged condition to the Government.
(g) Contractor Inventory:
(1) Irreparable rejects: The Contractor agrees to purchase any or all irreparable rejects when notified in writing by the contracting officer, or its duly authorized representative, at $_______ per unit. An irreparable item shall be defined as an item that is physically unable to be repaired.
(2) Scraps and Ends: Disposal of scrap and ends will be the responsibility of the successful offeror. In computing the price offered, the offeror agrees it has taken into consideration the anticipated net proceeds, if any, of the sale of scrap and ends at the estimated market price at time of sale based on a projection of the current market price in the locality at which any contract awarded to it will be performed. The offeror further agrees that the price quoted by it on the items covered by this solicitation reflects consideration of anticipated receipt, if any, from the sale of scrap and ends.
(3) Return or Disposition of Other Government Material:
(i) All Government material other than irreparable rejects, scraps and ends, will be returned to the Government at the Contractor's expense, or disposed of by the Contractor as otherwise directed by the contracting officer within 30 days after completion of deliveries.
(ii) In the event original pieces furnished by the Government cannot be used, and are being returned, the shipment will consist of original put-ups, with their original piece tickets attached, packed as specified in the applicable fabric specification. If short pieces generated by the Contractor during manufacture of the end item are being returned, these short pieces will be separately packed and identified and tagged with a piece ticket. Where a portion of material in a container is used, and short pieces are generated, this material will be packed separately from full-length pieces, and the container will be clearly marked "Short Pieces" followed by the length range of the contents. Each length range will be packed and marked separately. The Contractor shall provide to the Quality Assurance Representative (QAR) a listing of the contents of each return shipment including the following information for each roll:
(A) Roll number
(B) Condition Code ("A" for full length or "C" for short pieces)
(C) Put-up (original package or Contractor repackaged)
(D) Yards
A copy of the listing will be packed with the return shipment. The shipment will consist of a copy of the above listing, a QAR release statement, original or Contractor put-ups.
(iii) The Contractor may request transfer of Government material from one contract to another provided the Contractor will:
(A) Prepare a written request for transfer. The request must:
1. Specify the PIIN (award number) of each contract involved in the transfer.
2. Clearly identify the material involved. Cite NSN/item description, width, and any other characteristics such as short pieces and full pieces. Cite the quantity of each item of Government material being transferred.
(B) Submit the request for transfer to Material Accountability Section, Defense Supply Center Philadelphia, ATTN: DSCP-FQCA with copies to the contracting officer, QAR, and DCMA property administrator.
(C) Maintain proper accountability records by PIIN.
(D) Return all remaining Government material from completed contracts, other than that material being transferred, in accordance with the provisions of paragraphs (g)(3)(i) and (g)(3)(ii) above.
(h) Definitions:
(1) Full Length Pieces: Single continuous pieces, full width, of the length specified as the minimum in the fabric specification.
(2) Short Pieces: Single continuous pieces, full width, less than a full length piece, but not less than 10 yards in the case of frieze (heavy woolen fabric with long, shaggy knap) and pile fabrics, not less than 18 yards in the case of woolens and worsteds, and not less than 20 yards in the case of all other fabrics.
(3) Ends: Single pieces, full width, less than short length pieces, but not less than 1-1/2 yards in the case of woolens, frieze and pile fabrics, and not less than 5 yards in the case of all other fabrics.
(4) Scraps: Includes clippings, remnants, cutting parts and cut parts;
(i) Clippings: Residue from cutting operations not large enough to be re-cut into smaller component parts.
(ii) Remnants: All pieces of cloth up to but not including 1-1/2 yards in the case of woolens, frieze and pile fabrics, and up to but not including 5 yards in length in the case of all other fabrics.
(iii) Cut Parts: Cut component parts not assembled or partially assembled.
(iv) Cutting Parts: Pieces of cloth of irregular widths, lengths and shapes, less than full width from which a square of cloth of at least nine inches by nine inches can be cut.
(i) Purpose of Government Material: The Contractor warrants that any material obtained from the Government is required for use in connection with the supplies or services to be furnished under this contract.
(j) Responsibility for Government Material: The Contractor assumes the risk of, and is responsible, for any loss or damage to Government material from the time the material is delivered to the carrier at the originating location to the time it is re-delivered by the Contractor to the Government.
(k) Deficiency or Delay in Furnishing Government Material:
(1) In the event the Government material is not available for delivery to the Contractor (as in (d) above), the contracting officer shall, if requested by the Contractor, make a determination of the delay occasioned the Contractor thereby. If the Contractor does not make such request of the contracting officer within 7 days after the 21 days allowed for the Government to make the material available (paragraph (d) above) no equitable adjustment will be made to delivery or performance dates, or the contract price.
(2) In the event the Contractor believes that damaged, defective, or incorrect Government material has been furnished, EXCLUSIVE OF THE DEFICIENCIES ALLOWED BY THE ACCEPTABLE QUALITY LIMITS OF THE APPLICABLE FABRIC SPECIFICATION, or in the event of shortages, either within individual pieces or the entire shipment, narrow widths, or other discrepancies, the Contractor shall immediately examine the material in question, thoroughly document the type, location and extent of the deficiencies being alleged. For the determination of alleged defective Government material for excessive visual defects, the Contractor's examination of the Government material shall be in strict accordance with the quality assurance provisions for the fabric, including random sampling procedures and, as applicable, FED-STD-4 or MIL-STD-655 and the applicable Sears slub (i.e. knot in yarn) and knot gauges. The Contractor shall inspect and use fabric as it is opened and shall set aside higher point count (metric for assessing fabric defects) rolls for return as either "excess" or "defective" goods. Over-point count fabric set aside prior to cutting by the Contractor shall be returned to the shipment in question prior to random sampling. Upon completion of the examination, the Contractor shall immediately provide the QAR and the cognizant DCMA property administrator with a written notification of the alleged deficiencies, including the findings of its own examination of the material using a cloth perch (machine which allows unrolling/rerolling of fabric to search for defects). As a minimum, the Contractor shall provide the following data:
(i) Type of material
(ii) Nature of nonconformance (including examination report of alleged defective point count)
(iii) Number of rolls or pieces in shipment
(iv) Name of manufacturer of material
(v) Contract number(s) of material
(vi) Lot identification of material
(vii) Total number of yards in shipment
(viii) Acceptable Quality Limits (or Acceptable Quality level (AQL), if applicable)
(ix) Number of rolls or yardage in sample
(x) Acceptance number
(xi) Recommended disposition
The Contractor shall promptly provide the QAR access to a cloth perch, which the QAR will use to examine the material in question. The QAR shall verify the damage, defect, shortage, narrow width, or discrepancy as documented in the Contractor's notification, and will report the findings of the verification to the contracting officer and cognizant DCMA property administrator. NOTE: THE QAR'S EXAMINATION OF ALLEGEDLY DEFICIENT MATERIAL WILL BE LIMITED TO VERIFYING THOSE DEFICIENCIES SET FORTH IN THE NOTIFICATION AND EXAMINATION REPORT PROVIDED BY THE CONTRACTOR. In the absence of the Government QAR, the Contractor shall immediately so notify the contracting officer of the damage, defect, shortage, narrow width, or discrepancy. The Contractor shall not cut or use such Government material, or in the event the damage, defect, shortage, narrow width or discrepancy is such that it could not reasonably have been discovered until after cutting or further processing, the Contractor shall not further process such Government material pending instructions from the contracting officer. If replacement is to be made, the Government shall effect the replacement at its own expense, including transportation costs. When the return of the GFM is authorized, the Contractor will ship it in accordance with paragraph (g)(3)(ii) and include a copy of the Contractor's notification of deficiencies (including examination report) and the QAR's deficiency verification (DLA Form 506, and DLA Form 499 or 504). If the Contractor fails to notify either the cognizant Government QAR or the contracting officer within 5 days of discovery of any damage, defect, shortage, narrow width or discrepancy in the Government material, no equitable adjustment will be made in the delivery or performance dates or the contract price.
(3) In cases of delay or failure to furnish any of the duly requested Government material or in cases where the Government has furnished damaged, defective, short, narrow width, or other discrepancies in the material, the contracting officer, upon written request of the Contractor, shall equitably adjust the delivery or performance date, or the contract price or both and any other contractual provisions effected thereby, in accordance with FAR 52.243-1, Changes--Fixed-Price. If the Contractor does not request such an adjustment within 30 days from the time the Contractor either knew or should have known of any such delay or failure to furnish duly requested material, or shortage within the piece, narrow width or other discrepancy in the Government material furnished, no adjustment will be made. Under no circumstances shall the Government include as an element of any adjustment under this clause any amount for loss of prospective profits. Further, the foregoing provisions for adjustment are exclusive, and the Government shall not be liable to suit for breach of contract by reason of any delay or failure to furnish Government material to the Contractor.
(4) In no event may the Contractor assert a defense against assessment of additional monies due under (e) above, nor shall the Contractor claim refund of monies deducted under said paragraph on the ground of shortages, narrow width, or other discrepancies in the Government material unless the 5-day and the 30-day notices in paragraphs (k)(2) and (k)(3) above shall first have been given as provided therein.
(5) Cloth containing deficiencies considered acceptable in accordance with applicable specifications shall not be considered defective. Any claim for shortage within the roll shall be adjusted as follows: For shortage on individual pieces only, credit will be taken by the Government for the minus tolerance provided for individual pieces in the "Examination for Length" paragraph of the fabric specification; for the entire shipment, the Government will reduce the total shortage by the total overage on all pieces in the shipment found to be longer than the length specified on the piece ticket. Narrow widths shall be subject to adjustment only where the discrepancy exceeds 1/4 inch. Measurement shall be "overall" or "exclusive of selvage (i.e. non-fraying woven edge)," in accordance with the width provision of the applicable fabric specification.
(l) Protection of Government Material, Title, Access: The Contractor shall establish and maintain a program for the use, maintenance, repair, protection and preservation of Government property in accordance with sound industrial practice and the applicable provisions of Subpart 45.5 of the FAR, with the exceptions noted in paragraphs (b), (c) and (p) and with the exception that Government property shall be physically segregated from the Contractor’s own property. The Contractor shall arrange and maintain its plant(s) to insure clean and sanitary conditions and insure proper identification and segregation of material for each Government contract. Title to the Government material shall remain with the Government and shall not be affected by the incorporation or attachment thereof to any property not owned by the Government. The Government shall at all reasonable times have access to the premises wherein any Government material is located. Additionally, the following requirements shall be adhered to with respect to broad woven and knitted fabrics. Original piece tickets and wrapping shall remain intact until material is spread for cutting. Material shall be stored dry and away from heat and shall not be exposed to weather. Rolls shall not stand on end at any time, nor be cross stacked and under excessive load. If necessary, rolls shall be placed on side-supported pallets with no more than 4 tiers of rolls per pallet.
(m) Retention of Essential Records: The Contractor shall retain the original Government piece tickets on the pieces until spread for cutting. The Contractor shall also retain in its possession for a period of 12 months subsequent to completion of performance of this contract, all piece tickets removed from Government material. The Contractor shall assemble all piece tickets from a particular lay in one bundle, and all bundles shall be consecutively numbered so as to indicate the order in which the lays were cut. All piece tickets retained by the Contractor shall be returned to the Government upon the Government's request. In addition, the Contractor shall retain cutting records and any fallout records for each lay (section) for the above stated 12-month period. The Contractor shall retain the documentation specified in this paragraph in addition to the basic information required by FAR 45.505-1.
(n) Settlement of Length Discrepancies: The length marked on the piece tickets of cloth made available as Government material reflects the measurement metered during preparation for delivery of the cloth, using mechanical measuring devices. An inherent disparity exists between these measurements and cutting table measurements, because the latter are subject to many variables that cannot be controlled. Accordingly, claims for shortages based on cutting table measurements will be considered for allowance only when the shortage on an individual piece exceeds 3-1/2% of the length marked on the piece ticket. All other claims for shortages shall be based on measurements using a mechanical measuring device (calibrated in accordance with the current edition of MIL-STD-45662, Calibration System requirements) activated positively by direct contact, with the fabric in continuous motion. These measurements can be determined by using such devices as true meter, length counter on cloth perch, or similar devices. Length measurements shall be in units of 1/8 yard and multiples thereof.
(o) Final Shipment Notice and Contractor's Representative: Simultaneous with release of the final shipment, the Contractor shall provide information copies of the final shipping document to the cognizant DCMA property administrator and to the Material Accountability Section, Defense Supply Center Philadelphia, ATTN: DSCP-FQCA. The representation reads as follows: "It is represented that, with respect to the type(s) of material which the contract provides shall be furnished solely by the Government, all material of said type(s) used in the performance of this contract was furnished by the Government for the performance of this contract; that property furnished by the Government under this contract has been returned to the designated depot(s) or installation(s) and/or disposed of or transferred as authorized by the contracting officer, or its authorized representative, in the form of finished articles, or otherwise; and that this representation is made with full knowledge and understanding of the penalty imposed by Section 1001, Title 18, U.S. Code, for so representing falsely." The cognizant DCMA property administrator shall monitor the Contractor's adherence to the time frames specified for the disposition of excess Government material (paragraph (g)(3)) and for the execution of the above referenced representation. In the event the Contractor fails to comply with these time frames, the Government reserves the right to initiate the final adjustment to the Contractor's Government material account based on the data contained in the Government's official property record.
(p) Records of Government Property: Notwithstanding (m) above, the Defense Supply Center Philadelphia will maintain the Government's official Government property records for the Government material provided. The requirements of FAR 45.505(c) are hereby made applicable to the Contractor’s property records in lieu of the official Government property records. The recording of pricing information shall be maintained as part of the Contractor’s property records.
(q) Discounts: Unless otherwise stipulated by the Contractor and agreed to by the Government, prompt payment discounts will be computed on the basis of the balance of the contract price remaining payable after deduction of the administratively determined rate per unit (which is applied to cover the value of the Government material furnished) as specified in paragraph (e), above.
(r) Diversions of Shipment: Diversions of shipment shall be made in accordance with the provisions of the Changes clause specified in the solicitation/contract. When Government material is furnished under this clause and the end item destination and storage location for the Government material were originally located in the same geographical area, a freight adjustment shall be made when the diversion precludes the Contractor from picking up the Government material by its own or leased trucks upon delivery of end items. The price adjustment for such shipment shall be based on the difference between the transportation costs of end item shipment to the new destination and one-half the transportation costs of the end item shipment to the old destination.
(End of Clause)
52.245-9012 Government-furnished Property Cloth Only
As prescribed in 45.106(96) insert the following clause:
GOVERNMENT-FURNISHED PROPERTY CLOTH ONLY (Jul 2008) - DLAD
(a) ALLOWANCES. The Government may vary the allowances set forth and such variations shall be deemed a change. An appropriate adjustment shall be made in accordance with the procedure provided for in the "Changes" clause of this contract. If the Government so elects, the cloth furnished may be charged to the Contractor's account in units of one yard; where a fraction is less than one-half of one yard, it will not be recorded; where it is one-half of one yard or more, it may be recorded and charged as a full yard. Unless otherwise specified, stated unit allowances are gross, with no reduction for imperfections. If material in widths other than those stated herein is furnished, the applicable unit allowances will be furnished at the time delivery of such material is made. The Contractor shall retain all piece tickets supplied with materials furnished under this contract for a period of 90 days after completion of the contract.
(b) LIABILITY FOR ADDITIONAL PROPERTY. CREDIT FOR PROPERTY RETURNED. Where the Government furnishes more than one type of Government-furnished property, each type furnished will be accounted for between the parties individually and separately. As to each type of property, the Contractor will be charged for all property of that type furnished by the Government in excess of the applicable unit allowances. Savings resulting from the Contractor's use of less than the applicable unit allowance of a particular type of Government-furnished property will revert to the Government, and will not be credited or set off against any excess usages of other types of Government-furnished property by the Contractor. No charge will be made unless the total value of all excess usage exceeds $25.00. In determining whether the Contractor exceeded the unit allowances for each type of property, credit will be given for all property of that type returned undamaged in the form of full pieces and short pieces. No credit will be given for property returned in the form of ends, scrap, or damaged pieces of irreparable items.
(c) PROFICIENT USAGE. The Contractor agrees to cut and use the Government property proficiently in accordance with the best commercial standards and practices employing careful and efficient workers to utilize short pieces, ends, and scrap to the fullest extent possible, consistent with the best and most economical practices; and to produce with a minimum quantity of Government property articles complying in all respects with applicable specifications.
(d) MAINTENANCE AND SEGREGATION OF PROPERTY AND SANITATION. Property shall be maintained and used only in those plants approved by the contracting officer. The Contractor shall arrange and maintain its plant(s) to insure segregation of property for each Government contract and to insure clean and sanitary conditions therein.
(e) RETURN OF PROPERTY. All scrap property shall be segregated as to kind, and shall be weighed after each cutting. ALL WOOL CLOTH IN LOTS LESS THAN CARLOAD OR TRUCKLOAD LOTS BEING RETURNED IN ROLLS WILL BE SUITABLY WRAPPED. If the scrap property and surplus property are not clean when returned, the cost of cleaning will be charged to the Contractor. Sewing room floor sweeping will not be returned.
(f) IRREPARABLE ITEMS. Non-specification items which are irreparable must be shipped to the Government as per instructions of the contracting officer. No payment will be made for such items.
(g) PIN TICKETS. When the Soabar method of shade marking is used, only aluminum or non-corrosive wire staples will be used in the fastening of pin tickets.
(h) REPRESENTATION. Upon completion of deliveries, the Contractor will render the following representation to the property administrator: "It is represented that, with respect to the type(s) of material which the contract provides shall be furnished solely by the Government, all material of said type(s) used in the performance of this contract was furnished by the Government for the performance of this contract; that property furnished by the Government under this contract has been returned to the designated depot(s) or installation(s) and/or disposed of or transferred as authorized by the contracting officer, or its authorized representative, in the form of finished articles, or otherwise; and that this representation is made with full knowledge and understanding of the penalty imposed by Section 1001, Title 18, U.S. Code, for so representing falsely."
(i) DEFINITIONS:
(1) PROPERTY: includes all material and equipment furnished by the Government.
(2) FULL LENGTH PIECES: Single continuous pieces, full width, 30 yards or over in the case of frieze (heavy woolen fabric with long, shaggy knap) and pile fabrics, and nylon knit; 40 yards or over in the case of woolens and worsteds, cotton sateen, polyester fabrics except coated, and synthetic fiber duck except nylon; 50 yards or over in the case of cottons, rayons, nylons, and nylon blends except nylon knit and nylon and rayon blends; 80 yards or over in the case of cotton and nylon ducks; and 100 yards or over in the case of nylon twill, and nylon and rayon blends.
(3) SHORT PIECES: Single pieces, full width, less than full length piece, but not less than 10 yards in the case of frieze and pile fabrics, not less than 18 yards in the case of woolens and worsteds and not less than 20 yards in the case of all other fabrics.
(4) ENDS: Single pieces, full width, less than short length pieces, but not less than 1 1/2 yards in the case of woolens, frieze and pile fabrics and not less than 5 yards in the case of all other fabrics.
(5) SCRAP INCLUDES CLIPPINGS, REMNANTS, CUTTING PARTS AND CUT PARTS:
(i) CLIPPINGS: Residue from cutting operations not large enough to be recut into small components parts.
(ii) REMNANTS: All pieces of cloth up to, but not including, 1 1/2 yards in length in the case of woolens, frieze and pile fabrics, and up to but not including 5 yards in length in the case of all other fabrics.
(iii) CUT PARTS: Cut component parts not assembled or partially assembled.
(iv) CUTTING PARTS: Pieces of cloth of irregular width, lengths and shapes, less than full width from which a square of cloth of at least nine inches by nine inches can be cut.
(j) PROVISIONS APPLICABLE TO CONTRACTS FOR DYEING AND/OR FINISHING OF GOVERNMENT-FURNISHED DUCK:
(1) Only first quality full length pieces and short pieces, as defined above, will be accepted for payment except that acceptance of short pieces is limited as otherwise set forth in this contract. First quality material is material which does not contain finishing defects in excess of the quantity established by Acceptable Quality Levels for first quality material. The cut or roll ticket of the finished duck will show gross yards. The total finished yardage shall equal the greige goods received by the Contractor, plus any yardage gained as a result of dyeing and finishing. Only materials of the same classification, weight and width shall be packed in the same bale or roll.
(2) EXCEPT FOR SCRAP, ALL MATERIAL WILL BE RETURNED TO THE GOVERNMENT. Full pieces other than first quality, short pieces other than first quality, and all ends shall each be constituted into separate, clearly identified lots for return to the Government. Scrap will be disposed of by the Contractor as directed by the contracting officer. The Contractor shall receive no payment for dyeing and/or finishing material which is not acceptable under (j)(1) above, and shall be liable for any material damaged.
(k) VALUATION OF GOVERNMENT-FURNISHED PROPERTY. Government-furnished property will be valued in case of Contractor liability for excess usage, loss, or damage at a price based upon the price shown herein for the basic width indicated, or the current market price, whichever is higher. Materials furnished in widths other than the basic width will be valued at prices representing proportionate conversions from the basic width price.
(End of Clause)
52.245-9013 Provisions Relating to Materials to Be Furnished by the Government (Non-Bailment)- Footwear
As prescribed in 45.106(97) insert the following clause:
PROVISIONS RELATING TO MATERIALS TO BE FURNISHED BY THE GOVERNMENT (NON-BAILMENT)- FOOTWEAR
(Jul 2008) - DLAD
(a) THE GOVERNMENT WILL FURNISH:
(b) EVALUATION OF GOVERNMENT-FURNISHED PROPERTY - Government-furnished Property (GFP) will be valued in case of Contractor liability for loss or damage at the price shown herein or the current market price, whichever is higher.
Item Price
Specification MIL-L-_____________________________
(c) CONTRACTOR'S REQUIREMENTS - The Contractor shall furnish the following information within 10 days of date of award:
(1) Last requirements necessary to complete the quantity of boots and/or shoes awarded to the Contractor under this contract. However, the Government reserves the right to furnish a lesser quantity of lasts than requested if, in the opinion of the Government, the Contractor's estimated last requirements are excessive. Note: A last is the form used in shoemaking to shape a shoe. The last reflects the shape, style, and fit of the shoe.
(2) If patterns are required - Patterns will be furnished only if requested by the Contractor. The lasts and patterns will be delivered by the Government to the Contractor at Government expense. The last bags or other containers in which the lasts are shipped will be stored by the Contractor at no additional cost to the Government. Replacement of damaged bags or containers will be furnished by the Government at no additional cost to the Contractor upon return of the damaged bags to the Government.
(d) GFP LEAD TIME - The delivery of GFP shall be made to the Contractor not later than 40 calendar days after receipt of last/pattern requirements.
(e) DELIVERY DATES WILL NOT BE EXTENDED IF THE DELAY IS CAUSED BY FAILURE OF THE CONTRACTOR TO COMPLY WITH PARAGRAPH (c) ABOVE OR TO FURNISH INFORMATION REQUIRED BY FAR 52.247-55, "FOB POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY".
(f) DISPOSITION OF LASTS:
(1) The Contractor shall, on a monthly basis, inspect for unserviceable and mismated lasts and advise the Material Accountability Section, Defense Supply Center, Philadelphia, ATTN: DSCP-FQCA-1, of quantity by size. Disposition instructions will be furnished for the return of the lasts. Shipments of unserviceable and mismated lasts shall be made in accordance with (f)(2)(iii), (iv) and (v), below.
(2) Upon completion or termination of the contract, the Contractor will, at its expense:
(i) Prepare unexpendable patterns for return to the Government in a manner that will be acceptable to common carriers.
(ii) Prepare the lasts for return to the Government by removing any accumulation of wax, chalk, etc., and packaging and packing them to the level A preservation, level B packing requirements of MIL-L-___________."
(iii) Each burlap bag shall be packaged and marked in accordance with the level A preservation of MIL-L-___________.
(A) Contractors shall insure that each bag contains no more than 12 pairs of lasts, of one size and width only (less than 12 pairs may be bagged if there are not enough of the particular size being returned). At no time shall the Contractor: (1) pack more than 12 pairs of lasts per burlap bag; (2) pack more than one size and width of last per bag; or (3) mix damaged lasts with fully serviceable lasts within the same bag. In addition to the markings required by MIL-STD-129 for the unit pack, each bag shall be tagged with the tags furnished by the Government for this purpose, and shall be annotated as: (a) "REPAIRABLE" or (b) "NON-REPAIRABLE."
(B) All bags shall be packed in the tri-wall containers specified by the specification for the lasts. The total quantity of lasts per tri-wall container, together with the total quantity of bags and lasts per NSN within the container, shall be marked on the outside of the palletized container. In addition to the burlap bags furnished by the Government, any commercially available burlap bag may be used. Such commercial burlap bags must, however, be of the same approximate size, afford the same degree of protection and close as securely as the bags described in the last specification.
(iv) The Government QAR shall perform a packaging examination as specified in MIL-L-__________ prior to approving the return of the Government-furnished Material lasts.
(v) Deliver the lasts to the carrier designated by the Government and ship on Government bills of lading.
(vi) Return damaged and unserviceable containers or bags to the Government along with the return shipment of lasts.
(vii) PROPERTY ACCOUNT NUMBER - The Property Account Number is the Contract Number.
(3) The Contractor may request transfer of lasts from one contract to another provided the Contractor will:
(i) Prepare a written request for transfer. The request must specify:
(A) The PIIN (contract number) of each contract involved in the transfer.
(B) The quantities by size of the lasts being transferred listed by contract.
(ii) Direct the request for transfer to the Material Accountability Section, Defense Supply Center, Philadelphia, DSCP-FQCA-1, with copies to the Property Administrator, Quality Assurance Representative, and contracting officer.
(iii) Maintain proper accountability records by PIIN.
(iv) Return any lasts remaining from completed contracts and not included in the transfer in accordance with the provisions of paragraph (f)(2) above.
(End of clause)
52.245-9014 Government-furnished Property (GFP) Provisions – Dyeing & Finishing Contracts
As prescribed in 45.106(98) insert the following clause:
GOVERNMENT-FURNISHED PROPERTY (GFP) PROVISIONS – DYEING & FINISHING CONTRACTS (Jul 2008) - DLAD
(a) MATERIAL TO BE FURNISHED BY THE GOVERNMENT:
(b) PROPERTY ACCOUNT NUMBER - The Property Account Number is the contract number.
(c) GFP LEAD TIME - The initial delivery of GFP will be made to the Contractor not later than ___________ calendar days after the date of award. In the event that the GFP is not delivered to the Contractor by such date, the Government will extend each delivery period in the delivery schedule by the number of calendar days that such delivery of GFP is delayed.
(d) DELIVERY DATES WILL NOT BE EXTENDED IF THE DELAY IS CAUSED BY FAILURE OF THE CONTRACTOR TO FURNISH INFORMATION REQUIRED BY 52.247-55, "FOB POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY".
(e) MATERIAL AVAILABILITY.
(1) Material will be available in a total amount consistent with the bid and/or award quantity within 45 days after award.
(2) In the event the offeror has inadequate storage facilities to accommodate a single shipment of the full quantity, the rate of acceptable deliveries (such as would enable the offeror to meet the delivery schedule) must be indicated below. Estimated Government freight costs will be computed accordingly as part of the evaluation process to determine the lowest offered price.
________________________ within ____________________days after award
________________________ within ____________________days after award
________________________ within ___________________ days after award
(f) GFP VARIATION IN QUANTITY - Any quantities of dyed and/or finished items delivered under this contract in excess of the quantities specified herein, including the variation in quantity clause, if any, are the sole property of the Government and no compensation shall be allowed the Contractor therefor.
(g) GFP FOR OFF-SHORE CONTRACTORS - Where a Contractor's plant is located outside the continental United States, the F.O.B. point for Government delivery of GFP shall be restricted to a location in the continental United States named by the Contractor. If the Contractor fails to name such point, then the F.O.B. point shall be the nearest port city to the Government source of GFP which has regular commercial water transportation services to the off-shore port nearest the Contractor's plant.
(End of Clause)
52.245-9015 Dyeing and Finishing Of Textiles
As prescribed in 45.106(99) insert the following clauses:
DYEING AND FINISHING OF TEXTILES (Jul 2008) - DLAD
(a) In the event that an increase in the yardage of material delivered under this contract over the yardage of griege goods (fabric not yet dyed or finished) furnished by the Government is caused by the dyeing or finishing process, such increase will be accepted and paid for at the contract price up to _______% in excess of the yardage of griege goods used. However, if such increase exceeds ______% the entire excess yardage including the ______% will be returned to the Government as directed by the contracting officer, and the Contractor will not be compensated for any yardage in excess of the griege goods processed.
[ ](b) In the event that the total yardage delivered by the Contractor is less than the total yardage furnished by the Government, and the decrease in yardage is caused by the dyeing or finishing process and does not exceed ____% of the yardage furnished, the Contractor will be paid for the acceptable yardage delivered and the contract will be considered complete. However, if the shortage exceeds ______%, the Contractor will be required to purchase the necessary additional yardage from the Government and process the yardage specified in the contract. The Contractor is not authorized to dye or finish any griege goods received in excess of the contract quantity of dyed or finished goods without prior approval by the contracting officer. If such excess quantity of griege goods is received, the Contractor shall immediately notify the contracting officer and request instructions. The Government may at its option ship up to _______% of the contract quantity in one shipment.
OR
[ ](b) In the event that the total yardage delivered by the Contractor is less than the total yardage furnished by the Government and the decrease in yardage is due to negligence or fault of the Contractor, the Contractor will be required to pay for the necessary additional yardage from the Government and process the yardage necessary to complete the contract.
[ ](c) In the event that the Government-furnished griege material supplied the Contractor is in width(s) not specified in this contract or in quantity (gross yards) different from that indicated on the covering shipping document(s), the Contractor will notify the contracting officer immediately.
(End of Clause)
52.245-9016 Availability of Clothing Patterns
As prescribed in 45.106(100) insert the following clause:
AVAILABILITY OF CLOTHING PATTERNS (Jul 2008) - DLAD
Government-furnished clothing patterns will be delivered to the Contractor within 14 days after the date of award. In the event patterns are not delivered within 14 days after award or are delivered incomplete, it is the Contractor's responsibility to notify the Government, in writing, by certified mail. Such notification must be mailed to the contracting officer within 30 days from date of award. Timely notification of late delivery upon contracting officer's verification will result in a day for day extension of the delivery schedule for each day or delay beyond the initial 14-day period. Failure to provide the above notice will preclude any adjustment of delivery schedule as a result of late receipt of Government-furnished patterns.
(End of Clause)
52.245-9017 Ownership of Overruns Containing GFP
As prescribed in 45.106(101) insert the following clause:
OWNERSHIP OF OVERRUNS CONTAINING GFP (Jul 2008) - DLAD
Any quantities of items manufactured and delivered under this contract in excess of the quantities specified herein, after taking into account overages permitted under the variation in quantity clause, are the sole property of the Government. The Government is not obligated to pay or
provide material credit for the excess. If more than one destination is provided for in this contract, this clause shall not apply to variations by destination but only to variations in excess of those permitted for the entire contract quantity, including the variation permitted for each size regardless of destination.
(End of Clause)
52.245-9018 Government-furnished Material - NIB and NISH
As prescribed in 45.106(102) insert the following clause:
GOVERNMENT-FURNISHED MATERIAL - NIB and NISH (Jul 2008) -DLAD
(a) The Government shall furnish the materials listed herein (hereinafter referred to as Government Material), in accordance with the allowance set forth below. The Government shall be the sole source of supply of materials listed below and only such materials obtained from the Government under this contract may be used. Price for cloth is based on gross yardage with no allowance for imperfections.
TYPE OF MATERIAL PRICE ALLOWANCE PER UNIT VALUE OF ALLOWANCE PER UNIT
(b) The award prices shall not include the value of the Government-furnished material.
(c) The Government reserves the right to furnish not more than 10% of the material in short pieces. Further, the Government may furnish material in widths other than specified herein. The quantity shall be converted to the mathematical equivalent in linear yards of the width specified and the value of the material furnished and returned will be determined accordingly. This method of adjustment shall be exclusive and no other adjustment will be made because of the failure to furnish the width specified above.
(d) CONTRACTOR'S REQUEST FOR GOVERNMENT MATERIAL. Upon award, the Contractor shall request the Government material in sufficient time to comply with the delivery schedule of the contract. The Government material shall be delivered 21 days after receipt by the Government of a properly executed "Prime Contractor's Request for Government Material," DPSC Form 1786 (original only), to the Commander, Defense Supply Center Philadelphia, 700 Robbins Avenue, Philadelphia, PA 19111-5092, Attn: Government-furnished Material Section, DSCP-FQCA-1. Copies of this form may be obtained from the aforementioned addressee. Such material shall be shipped at Government expense to the F.O.B. point for Government-furnished Material as defined below.
(e) F.O.B. POINT FOR GOVERNMENT-FURNISHED MATERIAL. F.O.B. Point for Government-furnished Material is defined to mean that the Contractor is responsible for unloading, receiving, and receipting for the material from the carrier's vehicle, wharf, or freight station specified by the Government, provided that the Contractor will not be required to bear any costs which exceed the costs of acceptance of the material from the railroad cars in the same or nearest city having rail service. The Contractor shall nevertheless perform the specified unloading, and any additional cost will be adjusted pursuant to the "Changes" provisions. When the Contractor's plant is within the same city or county in which the Government material is located, the Contractor will accept the Government material at the Government depot.
(f) LIABILITY FOR EXCESS USAGE The Contractor shall be charged for all material consumed by the Contractor in excess of the applicable allowances. The following procedure shall be utilized to determine whether the Contractor consumed material in excess of allowances:
(1) The total allowance for the contract shall be determined by multiplying the number of end items accepted for payment by the value of allowance per unit stated in paragraph (a) above.
(2) The total value of material consumed shall be determined by charging the Contractor for the total value of materials furnished at the price stated in paragraph (a) above and crediting Contractor at said price for all material returned to the Government in an undamaged condition in the form of full and short pieces.
(3) No charge shall be made unless the total value of all excess usage exceeds $50.00.
(g) CONTRACTOR INVENTORY
(1) Scrap and Ends: Disposal of scrap and ends will be the responsibility of the Contractor.
(2) Other Government Material: All Government material other than scrap and ends shall be returned to the Government on Government Bills of Lading, or disposed of by the Contractor as directed by the contracting officer.
(h) DEFINITIONS
(1) FULL LENGTH PIECES: Single continuous pieces, full width, of the length specified as the minimum in the fabric specification.
(2) SHORT PIECES: Single continuous pieces, full width, less than a full length piece, but not less than 10 yards in the case of frieze (heavy woolen fabric with long, shaggy knap) and pile fabrics, not less than 18 yards in the case woolens and worsteds and not less than 20 yards in the case of all other fabrics.
(3) ENDS: Single pieces, full width, less than short length pieces, but not less than 1 1/2 yards in the case of woolens, frieze and pile fabrics and not less than 5 yards in the case of all other fabrics.
(4) SCRAP: Includes clippings, remnants, cut parts, and cutting parts.
(i) CLIPPINGS: Residue from cutting operations not large enough to be recut into small component parts.
(ii) REMNANTS: All pieces of cloth up to but not including 1 1/2 yards in the case of woolens, frieze, and pile fabrics and up to but not including 5 yards in length in the case of all other fabrics.
(iii) CUT PARTS: Cut component parts not assembled or partially assembled.
(iv) CUTTING PARTS: Pieces of cloth of irregular widths, lengths and shapes, less than full width from which a square of cloth at least nine inches by nine inches can be cut.
(i) IRREPARABLES. All irreparable items shall be returned to the Government at the Contractor's expense to destinations specified by the contracting officer, and no payment or credit will be given.
(j) RETENTION OF PIECE TICKETS. The Contractor shall retain all piece tickets removed from Government material for a period of twelve (12) months subsequent to completion of performance of this contract. The Contractor shall assemble all piece tickets from a particular lay (section) in one bundle, and all bundles shall be consecutively numbered so as to indicate the order in which the lays were cut. All piece tickets retained by the Contractor in accordance with this clause shall be returned to the Government upon the Government's request.
(k) NOTIFICATION OF SUBSTITUTE OR UNSUITABLE GOVERNMENT-FURNISHED MATERIAL. Upon receipt of Government-furnished material which the Contractor considers to be a substitution for the material specified in the Schedule, the Contractor shall notify the contracting officer in writing. In the event that notification of substitution is given pursuant to this provision or notification of unsuitability is given pursuant to paragraph (d) of FAR 52.245-1, the Contractor shall furnish a copy of such notification, and upon request, the suppliers' piece tickets, to the Government Quality Control Representative.
(l) REPRESENTATION. Upon completion of deliveries, the Contractor shall render the following representation to the property administrator: "It is represented that material furnished by the Government under this contract has been returned to the designated depot(s) or installation(s) and/or disposed of or transferred as authorized by the contracting officer or authorized representative in the form of finished articles, or otherwise; and that this representation is made with full knowledge and understanding of the penalty imposed by Section 1001, Title 18, U.S. Code, for so representing falsely."
0RECORDS OF GOVERNMENT PROPERTY. Notwithstanding FAR 52.245-1 "Government Property" appearing elsewhere in this contract, the Defense Supply Center Philadelphia shall maintain the official control records for Government property provided.
(End of Clause)
52.245-9019 Government-Owned Property (Bulk Storage Contract)
As prescribed in 45.106(103) insert the following clause:
GOVERNMENT-OWNED PROPERTY (BULK STORAGE CONTRACT) (Jul 2008) - DLAD
(a) Government-Owned Property. Once the Contractor produces the item listed as Line Item 0001 in the schedule and the Food and Drug Administration has inspected and accepted the initial lot(s) of these supplies, title shall pass to the Government. The Contractor shall be responsible and accountable for all Government-owned property while in Contractor storage and shall, at its own expense, replace stock rendered unusable regardless of cause. The Government shall retain title to the contract quantity throughout the entire contract period.
(b) Property Administration. The Contractor shall establish and maintain a program for the use, maintenance, protection, and preservation of Government-owned property in accordance with sound industrial practice. The Contractor shall establish and maintain inventory records, either manual or automated, in such form as to adequately reflect the contract quantity. Such records shall be made available for inspection by the Government at reasonable times. These Contractor-maintained records shall be the official contract records. If any Government-owned property is in the possession of a subcontractor, the Contractor shall bear the responsibility of insuring that adequate records are maintained by the subcontractor.
(c) Use of Government-Owned Property. The Government property shall be used only for performing this contract, unless otherwise provided in this contract or approved by the contracting officer.
(d) Risk of Loss. The Government shall, at all times, have title to the Government-owned property in the Contractor's possession in quantities equal to those initially inspected and accepted, less quantities of the item used to manufacture finished material which is subsequently delivered to the Government. The Contractor assumes the risk of, and shall be responsible for, any loss, destruction of, or damage to, the Government-owned property in its possession.
(e) Access. The Government and all its designees shall have access at all reasonable times to the premises in which any Government-owned property is located for the purpose of inspecting the Government-owned property.
(f) Final Accounting and Disposition of Government-Owned Property. Upon completing this contract, or at such earlier dates as may be fixed by the contracting officer, the Contractor shall submit, in a form acceptable to the contracting officer, inventory schedules covering all items of Government-owned property not delivered to the Government. The Contractor shall prepare for shipment, delivery F.O.B. origin, or dispose of the Government-owned property as may be directed or authorized by the contracting officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Government as the contracting officer directs.
(g) Communications. All communications under this clause shall be in writing.
(End of Clause)
52.245-9020 Cartoons and Guide Samples for Embroidered Insignia
As prescribed in 45.106(104) insert the following clause:
CARTOONS AND GUIDE SAMPLES FOR EMBROIDERED INSIGNIA (Jul 2008) - DLAD
Offeror will indicate below whether a Government cartoon (i.e. detailed drawing for producing art) and/or guide sample will be required. If required, the same will be forwarded within ten days after date of award.
Government Cartoon ( ) YES ( ) NO
Guide Sample ( ) YES ( ) NO
(End of Provision)
52.245-9021 Government Samples
As prescribed in 45.106(105) insert the following clause:
GOVERNMENT SAMPLES (Jul 2008) - DLAD
There are no samples available for loan. However, a guide sample of the end item is available for inspection at this Center. Where applicable, standard sample swatches for shade, finish, and colorfastness are available and will be furnished upon request.
(End of provision)
As prescribed in 45.106(106) insert the following clause:
SIZED ITEMS (Jul 2008) - DLAD
(a) Contracts for quantities less than the quantity solicited for each destination shall be in the same ratio to the total quantity solicited for each size by destination in the solicitation, except that when the total quantity herein specified for any size is determined by the contracting officer to be impractical for pro-rating between Contractors, the Government reserves the right to award such total quantity to any one Contractor. Unless otherwise specifically permitted in the solicitation, offers limited to selected sizes only or quantities of sizes not in the same ratio as the stated tariff of sizes by destination will not be considered for award.
(b) The Contractor shall make all shipments in even case lots limited to one size. In the event that monthly delivery requirements result in less than case lot quantities remaining for shipment at the end of any one month, the Contractor shall hold said quantity until even case lot quantity is obtained. Where shipment in an even case lot quantity for each size is impracticable because it is the final shipment, the Contractor may ship less than an even case lot quantity for each size and may mix different sizes within the same carton.
(c) Changes:
Sizes and/or quantities of each size awarded are subject to change by the contracting officer. The Government and the Contractor agree that the monetary adjustment shall be limited to the value of the saving or excess in material usage. (No adjustment shall be made for labor, overhead, freight, package and packaging.) The savings or excess usage shall be determined as follows:
(1) Clothing (except for items in Para (2) below):
The material usage shall be computed by multiplying the number of square inches for each size being increased, decreased by the number of items being changed in that size. The difference between the total increase and the total decrease in square inches represents the savings or excess in material usage for the change in sizes. This excess or savings in usage shall be first converted to linear yards using the appropriate fabric width, and then converted into dollars using the cost per yard of the material(s). (NOTE: On Government-furnished Material (GFM) contracts, the material width(s) specified in clause 52.245-9011 of the contract shall be used; on Contractor
-furnished Material (CFM) contracts, the width as verified by the Contractor's invoices or the Government's physical inspection of the material(s) shall be used.) The resultant amount shall be the sole equitable adjustment in contract price for the size change. In the event the total square inches for each size change are not included in the contract, the Government will compute the square inches involved and determine the adjustment in accordance with the above procedures.
(i) On contracts where GFM is utilized and the change in sizes affects the usage requirement, payments shall be made by a modification crediting the Contractor's material usage account where the usage requirement increases, and charging the Contractor's material usage account where usage requirement decreases.
(ii) On CFM contracts where the change in sizes affects the usage requirements of the CFM, payment shall be effected by a modification either increasing or decreasing the contract price whichever is appropriate in CFM contracts.
(2) Knitwear, Rubber Footwear, Equipage (i.e. accessory) Items, Protective Clothing, and Protective Gloves: Any such change shall be deemed to be a change within the purview of the "Changes" provision.
(3) Leather Footwear: The material usage for any given size which has been changed, compute as follows: (see chart below)
(i) Multiply the point value of the size being changed by the quantity being changed;
(ii) Multiply the point value of the new size by the quantity being changed;
(iii) Determine the difference between (i) and (ii) above to arrive at the net points gained or lost;
(iv) The excess or savings shall be converted to dollars by multiplying the net points gained or lost by the unit cost. This figure will then be multiplied by 2%. The resultant total shall be the sole equitable adjustment.
NOTE: When utilizing Point Value Table, the following will apply:
Extra narrow will be computed using Narrow.
Extra Wide will be computed using Wide.
Half Sizes will be computed using the Next Higher Size.
POINT VALUE
TABLE LEATHER FOOTWEAR
SIZE POINT VALUE SIZE POINT VALUE
3N 1/2 10N 7
4N 1 10R 7-1/2
4R 1-1/2 10W 8
4W 2 11N 8
5N 2 11R 8-1/2
5R 2-1/2 11W 9
5W 3 12N 9
6N 3 12R 9-1/2
6R 3-1/2 12W 10
6W 4 13N 10
7N 4 13R 10-1/2
7R 4-1/2 13W 11
7W 5 14N 11
8N 5 14R 11-1/2
8R 5-1/2 14W 12
8W 6 15N 12
9N 6 15R 12-1/2
9R 6-1/2 15W 13
9W 7
(v) An additional adjustment will be made where size changes require expenditures for leather component materials beyond the quantity and/or unit price originally committed and contracted. At the time of a change in sizes, the Contractor shall provide documentation regarding the market price of hides and leather footage costs both at time of offer and at the time the size change was directed. (The Contractor's supportive invoices for the additional quantity, together with the invoice for the original material will be considered satisfactory documentation.)
(d) However, where, as a result of the change in sizes, work in process, residual inventory (i.e., components, raw materials, etc.), and/or means of production (i.e., markers, dies, etc.) cannot be utilized, an adjustment will be made to compensate the Contractor for the direct costs expended. (If Government-furnished Property is involved, material credit will be given for work in process). In the event an adjustment is made, the contracting officer shall have the right to prescribe the manner of disposition of the property for which the Contractor has been compensated.
(e) The method of adjusting for size changes indicated above will also be applied to pattern changes.
(End of Clause)
52.245-9023 Firm And Flexible Sizes
As prescribed in 45.106(107) insert the following clause:
FIRM AND FLEXIBLE SIZES (Jul 2008) - DLAD
(a) The sizes set forth in Section F hereof for the first three delivery increments are firm; however, the Contractor may not proceed to cut and fabricate for such increments until following the expiration of 3 working days from the date of award during which time the Government reserves the right to make one change to these firm sizes.
(b) Except as provided below:
(1) The size for the remaining delivery increments are flexible;
(2) The flexible sizes are furnished for the purposes of formulation and evaluation of offers;
(3) The Contractor may not proceed to cut and fabricate the flexible portion.
(c) Firm sizes for the flexible portion will be furnished by the contracting officer not later than 120 days prior to the end of each applicable delivery period. If notice of change for the flexible portion is not given by such time, the Contractor may cut sizes and quantities set forth in the flexible schedule for the applicable delivery period. Once the Contractor has been furnished the firm sizes for the flexible portions of the schedule, it will be considered a firm schedule for the applicable delivery increment.
(d) Notwithstanding the above, sizes and/or quantities of each size are further subject to change by the contracting officer; any such change shall be deemed to be a change within the purview of the article entitled "Changes.” All changes made under the provisions of this clause shall be made in accordance with clause 52.245-9022, Sized Items.
(End of Clause)
52.245-9024 Special Measurements
As prescribed in 45.106(108) insert the following clause:
SPECIAL MEASUREMENTS (Jul 2008) – DLAD
(a) In addition to the Government's rights under the provisions of DLAD clause 52.245-9022, Sized Items, the Government reserves the right to make size changes to include special measurement items. Special measurement items may be outside the range of the normal size tariff for that item. The Contractor will be responsible for adjustments to the Government-furnished patterns made necessary by the addition of special measurement items.
(b) Delivery of the special measurement items shall be to the location designated in the contract modification formalizing the change. The special measurement items shall arrive at the designated location within twelve (12) calendar days after the effective date of the contract modification.
(c) Any increased costs incurred by the Contractor as a result of a special measurement size change will be definitized by the Administrative Contracting Officer (ACO). Definitization shall be based on the following:
(1) Any increased costs for labor shall be limited to charges for special pattern grading and special cutting.
(2) Any adjustment (increase or decrease) for material usage will be based upon the Contractor's actual material usage.
(d) The total claim for an equitable adjustment under this clause shall not exceed 25% of the highest unit price for the corresponding item under this contract, exclusive of transportation costs. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
(End of Clause)
52.245-9025 Contractor Control of Government-furnished Property (GFP)
As prescribed in 45.106(109) insert the following clause:
CONTRACTOR CONTROL OF GOVERNMENT-FURNISHED PROPERTY (GFP) (Jul 2008) - DLAD
(a) Clause 52.245-1, Government Property, requires the Contractor to comply with basic requirements to be observed by the Contractor in establishing and maintaining control over Government property provided pursuant to the terms of the contract. The Contractor shall establish a system, either manual or mechanized, which will assure adequate control for all Government property provided under this contract, including property provided under the contract as may be in the possession or control of a subcontractor. The system shall assure that records created and maintained provide the true physical and financial accounting of Government property, contract items shipped into the Contractor’s plant by other Contractors, property in possession of subcontractors, assembly Contractor acquired material converted to Government property under the terms of this contract, and property furnished by the Government to use by the Contractor under the terms of this contract. The property control system for Government property shall comply with the requirements of FAR and shall be approved, in writing by the Government contract property administrator. In addition to that information described in FAR 52.245-1, inventories for Government property shall include lot numbers for all food items.
(b) Unusable Subsistence Means:
(1) A food item which is fit for human consumption but its condition is such that it must be issued with a limited time frame and due to its condition cannot be used as a component within the meal assembly, or
(2) A food item which is in such condition as to be unfit for human consumption and which must be destroyed by burning, burial or other means. Disposition of such supplies will be directed by the contracting officer and will be at the expense of the Contractor. The Contractor is responsible for all handling, storage, preparation for shipment and authorized destruction for all Government-furnished Material (GFM) at no cost to the Government.
(c) Definitions:
(1) Manufacturer’s damage is defined as that damage to Government-furnished property--
(i) Discovered at the time of ration assembler’s inspection of incoming shipments as verified by the Government representative (except damage directly attributable to transportation), or
(ii) Found to be unusable during production operations due to defects obviously originating at the manufacturer level.
(2) Assembler’s damage is defined as that damage to GFP ration components which is not attributable to manufacturers damage, concealed damage, inspection incurred damage, or transportation damage.
(3) Concealed damage is defined as that damage where the cause or responsibility cannot be determined by the Government representative upon receipt inspection, is discovered subsequent to receiving inspection and not identifiable; as manufacturer or assembler incurred, i.e., which are discovered after the components have been accepted by assembler but prior to, or during assembly. Concealed damage shall be verified by the army veterinary inspector (AVI) and shall be certified by the AVI as not being assembler damage.
(4) Inspection incurred damage is defined as those components-
(i) Damaged or destroyed in verification examination,
(ii)Components submitted to the laboratory for destructive or special testing, and
(iii) Components destroyed by the Contractor in required Contractor examination and testing.
(d) The Contractor shall maintain a salvage department to daily identify and classify, under the Government representative’s guidance and direction, all damage to GFM (i.e., manufacturer’s, assembler’s, or concealed damage). All damaged GFM, after screening by the Contractor and verification by the Government representative, shall be reported to the contracting officer for disposition. The report(s) shall be submitted on a monthly basis and numbered sequentially; i.e., the first month’s report will be No. 1, the second month will be No. 2, etc. DSCP Form 2651-1, 2651-2, 2651-3 and 2651-4 supplied by the assigned Government representative will be used. Troop issue quantities should include the approximate number of truckloads required to ship said product. Number of truckloads should be separately designed for crackers alone and for all other components. Failure to submit applicable DSCP Forms 2651’s on a monthly basis will result in findings by the PCO that the assembler will be the cause of any delays in the assembly operations by reason of insufficient GFM, and is therefore liable for all the resultant cost. The submitted DSCP Form 2651’s must be executed by the Government representative or the document will not be considered valid and therefore will not relieve the Contractor of this requirement or of its liability for any assembly shutdown. In addition, nonconformances detected in GFM must be reported to the PCO on a daily basis.
(End of Clause)
52.245-9026 Special Instructions for Compressed Gas Requirements (includes FSCs 6830 and 8120)
As prescribed in 45.106(110) insert the following clause:
SPECIAL INSTRUCTIONS FOR COMPRESSED GAS REQUIREMENTS (includes FSCs 6830 and 8120)
(Jul 2008) - DLAD
(a) Acknowledgment of Receipt: Within ten days after receipt of cylinders, the Contractor will submit copies of DD 1348-1, annotated as to date, quantity received, and quantity rejected, to the Administrative Contracting Office (ACO), indicated in the "Administered By" block on page 1 of the contract, and to the Defense Supply Center Richmond, ATTN: DSCR-FAGD (GFP Monitor), Richmond, VA 23297-5862. A copy of DD 1348-1 must accompany cylinders when returned to the depot by the Contractor.
(b) If the quantity of cylinders to be refurbished/filled is less than that prescribed by the contract/order (considering any allowable variation in quantity) due to failure of the Government to provide the proper number of cylinders to the Contractor, or due to rejection of cylinders by the Contractor, the ACO will modify the contract/order and reduce the quantity of cylinders to be filled accordingly. Rejected cylinders will not be replaced.
(c) Repair/Reconditioning - Government-furnished Cylinders:
(1) Except as noted below, cylinders shall be repaired and/or reconditioned under the terms of this contract or at the request of the Quality Assurance Representative (QAR) except that:
(i) The authorized dollar limitation stated herein shall not be exceeded without prior approval of the ACO, and
(ii) The Contractor shall, when the authorized dollar limitation has been expended, contact the ACO for availability of additional funds and/or disposition instructions, prior to further repair/reconditioning or return of cylinders.
(2) Services such as valve repair or replacement, which are performed on individual cylinders (but not all cylinders), shall be verified by listing cylinder serial number and the services performed on each cylinder and presenting the list to the Government QAR.
(3) Cylinders received from DLA Supply Depots shall not be commingled with cylinders from any other activity.
(4) In accordance with MIL-STD-1411, repair and/or reconditioning of cylinders as set forth above shall be itemized on DD Form 250, Material Inspection and Receiving Report. A copy of the DD Form 250 shall be furnished to the Defense Supply Center Richmond, ATTN: DSCR-FAGD (GFP Monitor), Richmond, VA 23297-5862.
Cylinders rejected as unsuitable for repair will also be itemized citing the reason/rationale for rejection.
(5) Parts, material and labor for "as required" repair and/or reconditioning of Government-furnished cylinders will be first approved by the QAR from the DCMR Office. Based on QAR approval, funds necessary for "as required" repairs will be allocated by the Contracting Officer. Do not commence any "as required" repairs prior to approval of repairs by the QAR and notification
(d) Filling and Testing (when applicable): Cylinders received that vary in characteristics from that indicated in the item description shall be reported immediately to the ACO. Upon identification of such cylinders to a proper NSN they will be filled to their rated capacity and reidentified to the designated National Stock Number as advised by the procuring activity. Special filling limits 10% above the marked service pressure are not authorized for DLA activities unless the test date is followed with a “+” sign. Rejected cylinders shall not be replaced. The contract will be considered complete for the quantity of cylinders filled.
(e) Delivery orders: In the event of a conflict between these special instructions and the basic contract, the latter will govern.
(f) Contractor pick-up (If applicable): Government-furnished cylinders will be available upon telephone notification from the storage depot. Specific location and mode of shipment (or date, hour) for Contractor pick-up of cylinders will be arranged at that time. If the Contractor is not notified within 30 days of receipt of contract/order, contact the GFP Monitor at DSCR-FAGD, (telephone (804)279-4642 or 6296). The Contractor is required to submit DD Form 1348-1 acknowledging receipt of cylinders.
(End of clause)
52.245-9027 Government-furnished Property (GFP) Mechanical Gauges (Loaned) (Includes FSCs 5995 and 6150)
As prescribed in 45.106(111) insert the following clause:
GOVERNMENT-FURNISHED PROPERTY (GFP) MECHANICAL GAUGES (LOANED) (INCLUDES FSCS 5995 AND 6150)
(Jul 2008) - DLAD
(a) Purpose and Use of GFP Mechanical Gauges:
(1) Gauges shall be subject to the requirements of:
(i) ISO/ANSI/ASQC Q9001 or Q9002, or equivalents
as applicable; and
(ii) ISO 10012-1 or ANSI/NCSL Z540-1-1994, or
equivalents.
(2) The Contractor shall thoroughly check the gauge drawings against the Government-furnished equipment drawings. Discrepancies shall be reported in writing to the Contracting Officer. Negative reports are required.
(3) Gauges shall be used only for quality conformance inspection in accordance with specification and/or drawing(s).
(4) The Contractor shall make gauges available to Government Quality Assurance Representative in accordance with inspection requirements applicable to this contract.
(b) Return of GFP Mechanical Gauges to the Government:
(1) When the GFP mechanical gauges are no longer required for use by the Contractor or Government Quality Assurance Representative, but no longer than completion of the delivery of end items or termination of this contract, the Contractor shall deliver to the Government all of said GFP gauges, unless directed otherwise by the Contracting Officer.
(2) The Contractor shall notify the cognizant Government quality assurance activity to arrange for inspection by the Government Quality Assurance Representative of the
condition of the gauges before they are packed for return to the Government.
(3) The Contractor shall prepare, package and pack such gauges for shipment in accordance with Level B of MIL-G10944 and deliver for return or disposition F.O.B. carrier's equipment, wharf or freight station, at the Government's option, in the city and state of the plant identified in 52.245-9003. The packages shall be marked for the consignee as follows:
U. S. Army District TMDE Support Center
ATTN: AMXPM-GA-T
11 Hap Arnold Blvd, Bldg 12
Tobyhanna, PA 18466-5104
(End of clause)
52.245-9028 Allowable Losses for Meal, Ready-to-Eat (MRE) and Tray Pack Government-furnished Property (GFP)
As prescribed in 45.106(112) insert the following clause:
ALLOWABLE LOSSES FOR MEAL, READY-TO-EAT (MRE) AND TRAY PACK GOVERNMENT-FURNISHED PROPERTY (GFP)
(Jul 2008) – DLAD
(a) All component items received will be palletized.
(b) The Government will deliver the following components listed in paragraph (c) below. If by truck, delivery will be made F.O.B. From the Contractor’s plant; if by rail, delivery will be made F.O.B. rail cars from the Contractor’s plant.
(c) The quantities of each component listed below are based on assembly of ________ cases and Contractors will be furnished proportionate quantities based upon their final award share. The following percentages represent the allowable loss due to assembly Contractor damage:
Component |
Quantity |
Unit |
Loss Allowable Percentage |
NOTES: |
(1) Being procured in equal quantities of orange, lemon-lime, grape and cherry flavors. |
(d) An amount of money not to exceed ___% of the total contract amount, or ________ whichever is smaller, will be withheld pending determination of the Contractor’s liability for GFP.
(e) The liability of the assembly Contractor for loss and damages to GFP (components) shall be calculated as follows:
(1) A final physical inventory will be performed by the assembly Contractor and the results furnished the DCMA office within 14 days after completion of the contract with a copy to the principal contracting officer (PCO). Additionally, the Contractor shall prepare a final inventory reconciliation as described below and provide this report to the DCMA and the contracting officer within 30 days from contract completion. Failure to comply with these timely submissions will be deemed a breach of contract and may result in the Contractor being liable for the value of the GFM residuals determined not suitable for transfer due to such delay. Additionally, the Government shall not be liable for any resultant start-up delays due to lack of GFM. The Contractor will be required to store, prepare for shipment and handle all residual components for a period of ninety days after agreement to the final inventory has been reached between the Contractor and the Government. The date of agreement shall be the day the Government executes the contract modification concerning the inventory reconciliation. The final inventory will be performed on an item-by-item basis and at a minimum give the quantities, dates of pack and status for all components. The Contractor will provide any and all resources necessary for DCMD/AVI verification of the final inventory. The Contractor will be responsible to reimburse the Government for any and all losses to the components based on the following inventory reconciliation list. (Calculate the amount owed (TOTAL RESIDUAL below) by deducting items ii-v below from item i):
(i) Quantity received per component
(ii) - Quantity consumed in completed cases
TOTAL
(iii) - Quantity transferred out on DD 250’s (or if transferred in)
TOTAL
(iv) - Manufacturer damages, concealed damages*, and inspection damages**
TOTAL
(v) - Actual assembler damage
= TOTAL RESIDUAL
* Concealed damage is damage that cannot be determined by the government
representative upon receipt inspection, is discovered subsequent to
receiving inspection, and not identifiable as manufacturer or assembler
incurred.
** Inspection incurred damage occurs when components are damaged in
verification examination, submitted to a laboratory for destructive or
special testing, or destroyed by the contractor in required contractor
examination and testing.
The residual figure as calculated above will be compared to the physical inventory. If the actual physical inventory is less than the residual figure, the Contractor will be liable to the Government for the difference in the monetary value of that item. The dollar value will be calculated by multiplying the unit price or the weighted average price of the item by the number of components unaccounted for. Offsets may be made in the area of homogenous items, described in paragraph (g). Offsets for homogenous items will be made based on the values of the items, e.g., a calculated shortage of $2,000 for peanut butter may be offset by a calculated overage of $2,000 for cheese spread.
(2) If the Contractor’s assembler damage exceeds the allowable loss percentage, for an item as delineated in H-5C of the assembly solicitation, the Contractor will reimburse the Government. The Contractor’s liability will be calculated by multiplying the Government’s unit price of the component by the number of units in excess of the allowable cost. The monetary loss of any one component due to excessive damage cannot be reduced by the savings from another component. Therefore, if the total dollar value of the contract damages (computed as the sum of the total dollar value of the damages allowed for each individual GFM item) is less than the total dollar value of the damages allowed under the contract, but various individual component items were damaged over the allowable tolerances, the Contractor is still liable for the cost of these individual component damages. However, in the area of homogeneous items, as listed in paragraph (g), offsets may be taken. Offsets will be calculated on a value basis as described in paragraph (e). For example, if the actual losses for cheese spread have exceeded the allowable losses but the actual losses for peanut butter, a homogeneous item, are less than the allowable loss quantity, the dollar difference between the actual and allowable losses for peanut butter can be applied to the value of the excess losses of cheese spread to reduce the Contractor liability for the cheese spread. This procedure is allowed only for homogeneous items.
(3) A ___% surcharge will be added to the total liability for loss and damages to account for administrative handling and transportation charges.
(4) In no event shall the Contractor be reimbursed if the value of actual physical inventory exceeds the value of calculated residual. Homogeneous items are defined as follows:
(f) The Government reserves the right to substitute any of the above or alternate components, and the Contractor shall not be entitled to any additional compensation so long as the substituted items are of substantially the same size as the components for which they are substituted. The contracting officer shall be notified no less than ten (10) working days in advance of any component shortage. If the Contractor fails to provide this notice, and assembly is delayed, resulting assembly delay damages shall not be assessable against the Government. Wire notices of GFM components shortages will include the total receipt and on hand quantity for subject items.
(g) GFP listed herein is scheduled for delivery to the assembler’s plant in quantities as outlined below, however, not in any particular component order or any regular daily rate of delivery. Regardless of this schedule, deliveries of components will be accelerated to the extent necessary to ship minimum carload and/or truckload quantities.
Percentage of Components Needed to Support Assembly (See H-5.c.) |
Components Delivery Period | |
Thermostabilized Items: |
||
Sugar: |
||
Crackers: |
||
Other Components: |
Components required to support the quantity of the line items awarded will be delivered as shown above. However, the Government will not be liable for assembly delays caused by delinquent components if the components are delivered before the first day of the corresponding final assembly delivery period or if the components necessary to maintain assembly are delivered prior to an assembly shutdown caused by lack of components. The assembly Contractor shall immediately notify the contracting officer of the failure of any components to be delivered in accordance with the above schedule. The PCO may be contacted by telephone at area code (215) 737-____.
(h) The component delivery schedule shown above may be adjusted at no additional cost to the Government. The Contractor warrants and agrees that he will be ready and able to receive and to store by time of award until assembly or disposition pursuant to this contract, and at no cost to the Government, 70% of the total quantity on a unit basis of all components to be delivered. (The 70% will be determined on a unit basis, e.g., cheese spread - 15,912,000 x 70% = 11,138,400 bags). This percentage does not apply to individual components but rather to the total of all components. Therefore, deliveries in excess of 70% of one component may be offset by deliveries of less than 70% of another component. (E.g., if 100% of one item, e.g., 15,912,000 bags of cheese spread are received, they may be offset by receipt of only 30% of another item, e.g., 5,853,600 pouches of peanut butter). The Contractor may be required to receive and store in excess of the quantity required herein in accordance with the changes clause of this contract. Assistance in determining required storage facilities is available by contacting DSCP-FTRHR at a/c (215) 737-____.
(i) The Contractor will promptly unload all GFP delivered F.O.B. his plant, at his own expense, irrespective of the schedule provided herein for the delivery of the GFP. The Government will not be liable in any manner or form for any demurrage charge accruing as a result of the Contractor’s failure or inability to unload cars promptly. It is the assembly Contractor’s responsibility to have adequate warehousing and offloading capabilities for the quantities of components schedules below. Failure to have adequate offloading capabilities may result in Government storage of product, either at a Government or commercial facility, which will be charged to the assembly Contractor. Any and all changes resulting from the Contractor’s failure to unload cars shall be the liability of the Contractor.
(j) If required, the Contractor will, at no cost to the Government, continue to store, handle and prepare for shipment or dispose of residual GFP for a period of ninety calendar days beginning immediately after whichever of the following occurs later:
(1) agreement to the final inventory has been reached between the Contractor and the Government
(2) final shipment of assembled meals
Disposition will be in accordance with instructions from the contracting officer. In the event that Contractor storage exceeds this period, the Government will only be liable for those additional and direct costs incurred by the Contractor as a result of this extended storage. Preparation for shipment of GFM shall include adequate packing, unitization and blocking and bracing. Any damage to GFM during transportation as a result of inadequate preparation for shipment shall be the liability of the Contractor.
(k) Payment hereunder will be based upon the number of completed boxes assembled and delivered. No compensation will be allowed for subassemblies which are not incorporated into completed boxes. All such subassemblies shall be and remain sole property of the Government and shall be accounted for as residual inventory. All Contractor-furnished material (CFM) will be inventoried at the completion of this contract following the procedures stipulated in this solicitation, and forwarded to the troop issue destination as directed by DSCP-FTR (See paragraph H-5(e)), unless the Contractor requests otherwise in writing. If a request is received from a Contractor for use of residual CFM under this contract for any subsequent contracts, or from any previous contracts for use in the assembly of this contract, a complete inventory of the item(s) involved, the applicable lot numbers and dates of processing shall be provided. DSCP-FTR shall forward direction regarding approval of the proposed transfer. If the transfer is approved, modification of the prime contract shall be effected in the following manner:
(1) In regard to residual CFM to be considered for use under the current contract, the following shall apply:
(i) For residual quantities up to and including the total quantity negotiated as a tolerance under the prior contract (computed by adding the quantity damaged plus residual material enough to reach the quantity tolerance), all residual material will be transferred at no cost. The current contract quantity requirement for the residual item(s) shall be reduced accordingly.
(ii) For residual quantities over the quantity negotiated as a tolerance under a prior contract (see paragraph (k) above), the quantity of residual material up to that tolerance quantity negotiated (computed by the quantity tolerance) shall be transferred in accordance with paragraph (k)(1)(I) above. Any quantity over and above the tolerance negotiated may be offered to the Government. If the request is accepted, the Contractor shall be reimbursed for that product at the unit price negotiated under the prior contract. The current contract quantity requirement for that item shall be reduced accordingly.
(iii) For purposes of executing the above transfer, the Contractor shall promptly forward closing inventories of all products at the completion of all the applicable contracts. This ending inventory shall be verified by the DCMA property administrator or an authorized representative. All GFM and CFM, if when combined with the damaged CFM totals the negotiated damages quantity in the contract, shall be immediately retained for use on the following contract at no cost to the Government. Any remaining CFM may be transferred in accordance with paragraph (ii) above. All final transactions shall be accomplished by formal modifications.
(2) In regard to residual Contractor-furnished material under this contract to be considered for use under a subsequent contract, if applicable, the provision of paragraph (k)(1) above shall govern except reference to “prior contract(s)” shall be deleted and substituted with “the current contract” and reference to “the current contract” shall be deleted and substituted with “future contract”.
(l) The Government reserves the right to increase or decrease the quantities of Government-furnished components specified herein but not by an amount to exceed 5% for any specific item. Notwithstanding the fact that supplies have been accepted at F.O.B. origin, blocks 21b and 22 of the DD 250 will be signed by the cognizant Government inspector and Contractor quality assurance representative respectively for evidence of receipt of shipment for count, identity and condition of supplies received. The fully executed copies of the DD 250 must be immediately mailed to the attention of _____________.
(m) The Contractor shall not incorporate any defective components into the assembled meals. For defective GFM components, the Contractor shall, at its own expense, set aside, store and handle such defective components in accordance with (i) and (j) above, provided that, in the event that the quantity of such defective components exceeds 5% of the total quantity of that component furnished, an equitable adjustment shall be made in the contract price to compensate the Contractor for its cost of storing and handling that quantity of defective components which is in excess of 5% of the total quantity of that component furnished and the contract shall be modified in writing accordingly. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled “disputes”. However, nothing in this clause shall excuse the Contractor from proceeding with contract performance. In addition, the cost data detailing Contractor costs, if any, for storage and handling of the quantity of defective components in excess of 5% of the total quantity of that component furnished must be submitted within 10 days of completion of the screening operation. Failure to submit this cost data within 10 days of completion of this operation shall constitute the Contractor’s agreeing that this screening operation was performed at no cost to the Government. In the event that the Contractor discovers excessive defects for any GFM component, the Army Veterinary Inspector (AVI) should be notified immediately, so that they can perform a warranty inspection if such is determined applicable.
(n) It is the responsibility of the Contractor to promptly inspect all GFM arriving at this plant for count, condition and identity and to promptly annotate bills of lading and material inspection and receiving reports (DD Form 250) furnished by the component Contractor as to any shortage or damage, after notice to and verification by the Army Veterinary Inspector (AVI) (see (e)(2) for procedure requirements). The final responsibility for signing the material inspection and receiving reports, resulting in acceptance of the product, rests with the Government inspector even though this acceptance may be based on the Contractor’s inspection results. The Contractor must distribute fully executed DD forms 250 within seven calendar days from receipt of shipment with receipt clarified to mean date of delivery and not inspection or acceptance. Distribution is as follows: 1 copy to Defense Supply Center Philadelphia, ATTN: ____________, 700 Robbins Avenue, Philadelphia, PA 19111-5092 and 1 copy to the payment office indicated on the DD Form 250 accompanying the component shipments. The payment office copies shall be forwarded via express mail or overnight delivery; Contractors shall group DD Forms 250 by payment office for daily expediting. Failure to comply may result in any lost payment discounts to the Government being assessed against assembly in addition to liability for all resultant costs associated with insufficient GFM. Manufacturer/transportation damages not annotated at time of receipt inspection in accordance with (e)(2) will be considered assembler damage, unless promptly made available for verification by the AVI and the AVI manufacturer/ transportation damages shall be annotated at time of receipt inspection only, unless concealed damages can be ascertained by the AVI. An email shall be forwarded to: __________ by every Friday which includes all GFM receipted for during that week. The following information should be contained in the weekly email:
(1) Item
(2) Quantity
(3) Date arrived
(4) Shipment number
(5) Contract number
(6) Status, i.e., accepted/rejected/pending AVI inspection
(7) If rejected, (or rejected by assembler) reason for rejection
To conserve space, the Contractor should indicate data by letter for example:
(1) Cheese
(2) 122,222
(3) 12-22-87
(4) CHE0022
(5) 87-C-Z022
(6) Accepted
(End of Clause)
52.246-9000 Certificate of quality compliance.
As prescribed in 46.390, insert the following clause:
CERTIFICATE OF QUALITY COMPLIANCE (DEC 1994) - DLAD
The Contractor shall prepare and furnish a Certificate of Quality Compliance (COQC) for all supplies delivered under this contract. If the supplies delivered under this contract are from more than one manufacturing lot, a separate COQC shall be prepared and furnished for each manufacturing lot represented by, manufactured or produced under a product specification, original equipment manufacturer (OEM)/manufacturer's part number, commercial, industry or military standard, or drawings, or other technical data.
(a) This Certificate shall contain the following:
(1) The Contractor's name, address, and commercial and Government entity (CAGE) code number (if assigned), the contract/order number, the applicable specification, drawing, or standard (including revision/amendment and date), identification of the specific supplies manufactured or produced (including National Stock Number, nomenclature, type, grade, and class, if applicable); for metal products, the COQC shall include the alloy designation and condition (finish and temper), if applicable. If the contractor is not a manufacturer, the Certificate shall include the name, address and CAGE Code (if assigned) for each of the entities through which the supplies or materials, components, subassemblies, assemblies or parts passed, so that traceability to the manufacturer will be readily discernible therefrom.
(2) The identification of each parameter for which the contract, specification, drawing, or standard required inspection or testing;
(3) The identification of the specific requirement for each of the parameters in (2), above, for the particular material being produced and covered by the certificate;
(4) The actual results of inspections or tests conducted by the contractor to demonstrate conformance with each of the specific requirements of (3), above;
(5) The marking requirement for the material and the source of this requirement (contract and specification or standard); and
(6) A statement, signed by an authorized contractor representative responsible for quality assurance, that (i) the lot has been produced, sampled, tested, and inspected, and marked in accordance with all contract and specification requirements; and (ii) the material complies with all of the contract and specification requirements.
(b) For contracts assigned for Government inspection at source, the Contractor shall have the completed certificate available for review by the Government representative when the material is presented for acceptance by the Government. In the case of destination-inspected material, the Contractor shall attach a copy of the completed certificate to the packing list sent with each shipment to each shipping point designated in the contract. For source inspected material, a copy may (but need not) accompany the shipment. If the Contractor offering the material to the Government is not the manufacturer of the material, the Contractor is responsible for obtaining a certified test report from the manufacturer, including it as part of this COQC, and for demonstrating that the specific material being offered under this certificate is covered by the certified test report.
(c) Unless otherwise specified by the contract, the Contractor shall be responsible for retaining the certificate for a period of 4 years. When requested by the Contracting Officer, the Contractor shall make the certificate available for review by the Government at any time during the period the certificate is required to be retained.
(End of clause)
52.246-9001 Manufacturing process controls and in process inspections.
As prescribed in 46.202-4-90, insert the following clause:
MANUFACTURING PROCESS CONTROLS AND IN-PROCESS INSPECTIONS
(Jun 1998) - DLAD
This clause supplements (Process Control) guidance of the ISO (ANSI/ASQ) 9000 Series standard, or equivalent standards with process controls, and is applicable when the contract requires a higher-level quality system in accordance with FAR 46.202-4.
MANUFACTURING PROCESS CONTROLS AND IN-PROCESS INSPECTIONS
The Contractor shall:
(a) Ensure that all manufacturing operations are carried out under controlled conditions which will adequately assure that product characteristics and criteria specified by contract are achieved and maintained in the produced item. Controlled conditions include documented process control and in-process inspection procedures, adequate methods for identifying and handling material, and adequate production equipment and working environments.
(b) As a minimum, perform inspections (examinations and/or tests) during manufacturing on those product characteristics which cannot be inspected at a later stage, and ensure that process controls are implemented and effective.
(1) Manufacturing processes shall be evaluated to determine which process characteristics have an effect on the quality of the produced item. These manufacturing processes shall be identified and requirements for their control shall be specified in written process control procedures.
(2) When in-process inspection of material is not practical, control by monitoring processing methods, equipment, and personnel shall be provided. Both in-process inspection and process monitoring shall be provided when control is inadequate without both.
(3) Prompt corrective action shall be taken when noncompliance or out of control conditions occur.
(c) Clearly identify each in-process inspection and process control point at appropriate locations in the manufacturing operation.
(d) Prepare clear, complete, and current written procedures for:
(1) Each in-process inspection. Identify: the type, frequency, and amount (sampling plan/100 percent) of inspection; product characteristics to be inspected; criteria for approving and rejecting product; the record for documenting inspection results; and the method for identifying the inspection status of approved and rejected product.
(2) Each process control. Identify: the criteria, frequency, and records used verifying control of the process.
(3) Assessing the adequacy of in-process inspections and process controls. The Contractor's quality organization shall assure by periodic surveillance that procedures are followed and are effective. Records of this surveillance will be maintained.
(e) Make the documented inspection system available for review by the Government Quality Assurance Representative prior to the initiation of production and throughout the life of the contract. The Government is under no obligation to perform verification inspection or to accept product produced under the contract until the Government has received acceptable written procedures, and has been afforded the opportunity to evaluate the inspection system. Acceptance of the Contractor's inspection system by the Government does not bind the Government to accept any nonconforming supplies that may be produced by the Contractor. Periodic evaluations of the system may be made by the Government throughout the life of the contract.
(End of clause)
52.246-9002 Product Certification and Test Report(s) (Metals)
As prescribed in 46.396 insert the following clause:
PRODUCT CERTIFICATION AND TEST REPORT(S) (METALS) (Jul 2008) - DLAD
(a) Definitions. For purposes of this clause, the following definitions apply:
(1) Primary Mill. A manufacturing facility which produces a basic product, denoted herein as a primary mill product, by the smelting of raw materials or scrap metal by electric furnace or other conversion process authorized by the applicable specification.
(2) Primary Mill Product. A basic product which is manufactured or produced at a primary mill by electric furnace or other authorized conversion process and cast in metal molds.
(3) Derivative Product. A product which is manufactured or produced from a primary mill product, or a product which is manufactured or produced from another derivative product.
(4) Heat, Melt or Die Lot Number. The designation of the single manufacturing process of smelting by which specific metal mill products have been identified.
(5) Manufacturing Lot. All products of the same thickness or diameter, class, condition or temper, rolled or forged from the same heat, and heat-treated at the same time or by the same continuous process.
(b) With each tender of supplies under this contract, the Contractor shall secure a copy of the order and the Product Certification and Test Report(s) to the packing slip so as to withstand air, rail or ocean shipment to each consignee specified in the order. If the supplies to be delivered under this contract are the product(s) of more than one (1) manufacturing lot, a separate Certificate shall be furnished for each manufacturing lot. This requirement shall apply whether the supplies are/were manufactured or produced under a product specification, the part number or die number of a particular manufacturer or other entity, a commercial, industry or military standard or specification, drawings or any other form of technical data.
(c) Each Certificate prepared in accordance with this clause shall include the following:
(1) The Contractor's name, address, and Commercial and Government Entity (CAGE) code; the Contract/Order Number, the applicable specification, drawing or standard, or part number (including revision/amendment and date); identification of the specific supplies delivered under the order, including the National Stock Number (NSN), the nomenclature, the class, type and grade, and Unified Numbering System (UNS) code, if applicable; and for metal products, include the alloy designation, and condition (finish and temper). If the Contractor is not the manufacturer of the supplies furnished under the order, the Certificate will include the name,
address, and CAGE code (if applicable) for each of the entities through which the supplies passed, whether as complete products, or as products upon which further manufacturing, production, or fabrication was required, so that traceability to the manufacturer of the primary mill product will be readily discernible there from.
(2) The identification of each parameter for which the contract, specification, standard, drawing or other data, required for inspection or testing.
(3) The identification of the specific requirement for each of the parameters in (c)(2) above, for the particular supplies being produced and covered by the Certificate.
(4) The actual results of inspection and/or tests conducted by the Contractor to demonstrate conformance with each of the specific requirements of (c) (3) above.
(5) The marking requirement for the material and the source of this requirement, i.e., the contract schedule, specifications, standards or other requirement(s).
(6) A statement, signed by an authorized representative of the Contractor who is responsible for quality assurance, certifying that the lot has been produced, inspected, sampled and tested, and marked in accordance with all contract and specification requirements, and that the supplies comply with all applicable contract and specification requirements.
(d) If the supplies to be delivered under this contract are primary mill products, or are/were produced or fabricated from products which were derived from primary mill products, the Contractor shall attach to each Certificate for supplies delivered under this contract, a true copy of the Certification and Test Report (CERT) of the primary mill which manufactured or produced the primary mill product(s). The producing mill CERT for the primary mill product(s) shall identify each manufacturing lot by HEAT, MELT or DIE LOT number. If the supplies to be delivered under this contract are derived from primary mill product of more than one HEAT, MELT or DIE LOT, a separate CERT shall be attached to the Contractor's Certification for each such HEAT, MELT or DIE LOT. If the supplies to be delivered under this contract are derivative products, produced from primary mill products, or from other derivative products, then, in addition to each primary mill CERT required by this clause, the contractor shall attach to its Certification a true copy of the CERT of each derivative product manufacturer or producer for each manufacturing lot represented by the supplies delivered under the contract.
(e) Unless otherwise specified in this contract, the Contractor shall retain the Certificate and supporting documents (CERTS) for a period of four (4) years. Upon the request of the Contracting Officer at any time during the period required for retention, the Contractor shall make the Certificate(s) available for review by the Government.
(End of Clause)
52.246-9003 Measuring and test equipment.
As prescribed in 46.391, insert the following clause:
MEASURING AND TEST EQUIPMENT (Jun 1998) - DLAD
Notwithstanding any other clause to the contrary, and/or in addition thereto, the contractor shall ensure that the gauges and other measuring and testing equipment, used in determining whether the supplies presented to the Government for acceptance under this contract fully conform to specified technical requirements, are calibrated in accordance with ISO 10012-1 or ANSI/NCLS Z540-1.
(End of clause)
52.246-9004 Product Verification Testing
As prescribed in 46.392 insert the following clause:
PRODUCT VERIFICATION TESTING (JUL 2008) – DLAD
(a) The requirements of FAR clause 52.246-2, “Inspection of Supplies—Fixed Price,” American National Standards Institute (ANSI)/American Society for Quality Control (ASQC) Z1.4-1993, “Sampling Procedures and Tables for Inspection by Attributes,” apply. These documents form the basis for the Government’s right to perform product verification testing (PVT) of this product. FAR 52.246-2 is hereby incorporated by reference into the contract if not otherwise called out in the purchase document. The current version of ANSI/ASQC Z1.4 can be found at http://asq.org. The private sector and non-DOD agencies may purchase copies of ANSI/ASQC Z1.4 from the American Society for Quality Control, P.O. Box 3005, 611 E. Wisconsin Avenue, Milwaukee, WI 53201-4606.
(b) The Contractor is responsible for ensuring that supplies are manufactured, produced, and subjected to all tests required by applicable material specifications/drawings specified in the purchase description of the contract. Notwithstanding any other clause to the contrary, and/or in addition thereto, the Government reserves the right to conduct PVT to ascertain if any or all requirements of the purchase identification description contained elsewhere herein are met prior to final acceptance.
(c) On any given contract, the Government may require PVT through a Government-designated testing laboratory on the contract or production lot at Government expense to verify
conformance. When the contract is designated by the Procurement Contracting Officer (PCO)/Administrative Contracting Officer (ACO) for PVT, the Government Quality Assurance Representative (QAR) will select a random sample, from lots presented by the contractor for Government acceptance, to verify that the entire lot tendered meets the requirements of the contract or during production to ensure critical manufacturing processes are in control and send the samples to a Government-designated laboratory for testing at the Government’s expense. The PVT samples shall be shipped with a copy of the DD Form 250, a DD Form 1222 (as prepared in coordination with the QAR) and marked as follows: “PRODUCT VERIFICATION TEST SAMPLES, Contract No._____________, Lot/Item No.________________." Upon shipment of the PVT samples, the original unsigned DD Form 250, along with a copy of the DD Form 1222, shall be submitted to the PCO.
Upon notification to the contractor that PVT is invoked, the contractor shall not ship any material from the sampled lot until the contractor receives notification of acceptable PVT results. Government reserves the right to reject the lot, or withhold payment if the contractor ships prior to Government approval of the PVT. The Government will notify the Contractor of the results of the testing within 15 working days after receipt of the samples by the Government.
(d) Samples subjected to PVT are deemed to be part of the contract quantity. Samples destroyed during testing will be paid for at the contract price, provided the samples pass PVT. Those samples not destroyed during PVT will be returned to the Contractor at the Government's expense and will be included as part of the total contract quantity within the limits of the quantity variation clause specified in the contract.
(e) The Contractor will not be paid for those samples destroyed during testing which fail PVT. Such failure will result in rejection of the entire contract lot from which the samples were taken. Those samples from a rejected lot which were not destroyed during PVT may be returned to the Contractor at the Contractor's request and expense.
(f) [This subparagraph pertains only to contracts and bilateral purchase orders.]
(1) The QAR will evaluate the test results and accept or reject the rest of the production lot based on those results. At acceptance, the QAR is authorized to notify the contractor and send copies of the report to the Product Verification Program (PVP) Office and the PCO. If the Government fails to act within the period set forth herein for notification, the Contracting Officer shall, upon timely written request, equitably adjust, under the Changes clause of this contract, the delivery or performance dates and/or the contract price and any other contractual terms affected by the delay. The Government is not required to accept/reject the supplies tendered until after receipt of the PVT results.
(2) The Government shall have the option to require the contractor to screen the entire lot tendered for any defects noted by the PVT. Any defects found shall be corrected before re-tendering the lot for acceptance by the Government. Furthermore, the Government may subject this lot to additional PVT. If the Government disapproves the lot tendered for acceptance because of a failure to pass PVT, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. In such case, the Government reserves all rights to remedies to which it is otherwise entitled by law, regulation, or this contract.
(g) [This subparagraph pertains only to unilateral purchase orders.]
(1) The QAR will evaluate the test results and accept or reject the rest of the production lot based on those results. At acceptance, the QAR is authorized to notify the contractor and send copies of the report to the PVP Office and the PCO. The Government is not required to accept/reject the supplies tendered until after receipt of the PVT results.
(2) The Government shall have the option to require the contractor to screen the entire lot tendered for any defects noted by the PVT. Any defects so found shall be corrected before re-tendering the lot for acceptance by the Government. Furthermore, the Government may subject this lot to additional PVT. If the Government disapproves the lot tendered for acceptance because of a failure to pass the PVT, the Government has the right to reject the entire offer, thereby releasing the parties from further obligations under the purchase order.
Alternate I When acquiring Packaged Petroleum Products, use the following paragraph (c) in lieu of paragraph (c) in the basic clause:
(c) On any given contract, the Government may require PVT through a Government-designated testing laboratory on a lot tendered for acceptance or during production on a number of samples
at the Government’s expense. However, the provision of sample containers and all costs associated with the transportation of samples to and from the testing facility will be the responsibility of the Contractor. The samples will be sent to a Government-designated testing laboratory for PVT. Testing will consist of chemical and/or mechanical/dimensional conformance tests as the Government deems necessary to verify conformance to contract requirements. When the contract designates such test, the Government QAR will conduct lot acceptance testing, which is required on 100 percent of lots produced and will observe the Contractor in the packaging and shipment of the samples to the designated laboratory for testing. The QAR will perform the evaluation and accept or reject the samples. Upon acceptance, the QAR is authorized to notify the contractor and send copies of the report to the PVP Office and the PCO. The Contractor shall not delay shipment of the supplies pending receipt of PVT results unless specifically directed to do so by the QAR or Contracting Officer. The Government reserves the right to hold acceptance until after receipt of the PVT results.
Alternate II When acquiring Heat and Die Number requirements, use the following paragraphs (c) (1) and (c) (2) in addition to paragraph (c) in the basic clause.
(c) (This paragraph applies only when "HEAT NUMBER" or "DIE NUMBER" requirements are in the contract description or specifications. It shall take precedence over any provisions of this contract or of this PVT clause which are inconsistent herewith.)
(1) If the contract description or specifications require that the supplies be identified by "HEAT NUMBER" or "DIE NUMBER", the selection of samples on a random basis in accordance with paragraph (c) above shall be from each "HEAT" or "DIE NUMBER" lot which is included in the production lot or contract lot tendered for acceptance.
(2) Subparagraph (h)(2) above is modified to provide that, if the PVT reveals nonconformities in the chemical or mechanical properties of the samples tested, the nonconformities shall be cause for rejection of the entire "HEAT" or "DIE NUMBER" lot included in the production or contract lot. Any "HEAT" or "DIE NUMBER" lot that is rejected may not be re-tendered for Government inspection and acceptance.
Alternate III When acquiring Instrument Bearings, use paragraphs (a) and (c) in addition to the basic clause and paragraph (b) in lieu of paragraph (c) in the basic clause.
(a) When PVT is a requirement, the Contractor shall notify the PCO and the QAR in writing at least 30 calendar days before anticipated completion of manufacture of the contract quantity or first manufacturing lot. This is to allow for sufficient time for scheduling and PCO coordination with the Government test facility.
(b) In the event that the Government test activity performs destructive testing on any of the PVT samples, the Contractor shall receive the full contract unit price for that sample or samples as long as the testing found that sample or samples to be in conformance with technical requirements. PVT samples determined to be conforming and not destroyed or degraded in testing shall be returned, by the Government test activity, to the contractor at Government expense. The Contractor shall examine the returned PVT samples, refurbish as necessary, and may include them in the production quantity if found to be unharmed by the PVT.
(c) The PCO may waive the requirement for PVT where supplies being offered are identical to supplies that were accepted by the Government within a period of two years prior to the date of current solicitation. Offerors offering such products, who wish to rely on such prior acceptance by the Government, must furnish evidence with the offer that prior Government acceptance is presently appropriate for the products to be furnished hereunder by indicating below the information for identical supplies accepted by the Government.
GOV AGENCY_______________________________________________
CONTRACT NO._____________________________________________
DATE OF CONTRACT_________________________________________
NSN______________________SPEC/PART NO.___________________
In all cases, the PCO reserves the right to make final waiver determination.
The contract delivery schedule shall be reduced by 30 calendar days (time allotted for submission and approval of PVT sample(s)) if submission of PVT sample(s) is waived by the Government.
(End of Clause)
52.246-9005 Note to Contractor for Inspection (ALRE)
As prescribed in 46.393(a) insert the following clause:
NOTE TO CONTRACTOR FOR INSPECTION (ALRE) (Apr 2007) - DLAD
Because of the critical nature of this material, a representative of the NAWC Lakehurst is available to furnish technical assistance on Quality Assurance (QA) matters and shall have the option of conducting QA surveillance for the first lot produced under this contract (and subsequent lots if necessary). This requirement will be performed in conjunction with the Quality Assurance Representative (QAR) of the cognizant Defense Contract Management Agency (DCMA) Contract Management Office and does not abrogate the authority of responsibility of the DCMA QAR. The contractor agrees to notify, in writing, the supervisor of the QA Section, Code 4.8.8.8, Lakehurst NJ 08733-5025, when the material is scheduled to be presented to the DCMA QAR for Government inspection and acceptance. This notice shall afford the NAWC Lakehurst QA Representative the option of being present during the inspection. Notification may be provided via telephone (732) 323-2504 immediately followed by written confirmation, or via facsimile transmission FAX (732) 323-1381. A minimum of fourteen (14) working days after receipt of notification is required to arrange such a visit.
NOTE: Advise the PCO listed in the order by FAX or email at the same time notice is given to NAWC Lakehurst.
(End of Clause)
52.246-9007 Inspection and Acceptance at Destination
As prescribed in 46.503 insert the following clause:
INSPECTION AND ACCEPTANCE AT DESTINATION (AUG 2007) – DLAD
(a) Inspection and Acceptance are at Destination
(End of Clause)
52.246-9008 Inspection and Acceptance at Origin
As prescribed in 46.503 insert the following clause:
INSPECTION AND ACCEPTANCE AT ORIGIN (AUG 2007) – DLAD
(a) Inspection and Acceptance are at Origin.
(b) The point of acceptance will be the point of last inspection before shipment unless otherwise indicated by the offeror.
(c) The Offeror shall indicate below the location where supplies will be inspected:
Supplies:
Plant: ___________________________________Cage Code:__________________
Street: __________________________________
City/St/Zip: ______________________________
Applicable to clin(s): __________________________________________________
(d) The Offeror shall indicate below the location where packaging will be inspected:
Packaging:
( ) Same as for supplies
or,
Plant: __________________________________ Cage Code: ___________________
Street: _________________________________
City/St/Zip: _____________________________
Applicable to clin(s): ___________________________________________________
(e) For CLIN(S) described by manufacturer's name/code and part number:
(1) Contractor must present evidence of performance of all quality assurance requirements specified in the contract and ensure that item will serve its intended purpose by performing examinations and tests to determine (A) completeness of item, (B) absence of rust, contamination, or deterioration, (C) correct identification, (D) absence of any damage, and (E) compliance with preparation for delivery. If the contractor is not the manufacturer of the supplies, evidence must be furnished to establish that the supplies were produced by the manufacturer.
(2) The word "manufacturer" means the actual manufacturer of each CLIN. The Government’s Quality Assurance Representative may require that evidence be furnished establishing the name and address of the plant that manufactures each CLIN to ensure that a domestic product is being supplied.
(f) For CLIN(S) designated as Former Government Surplus (whether described by manufacturer’s name/code and part number, or by Military or Federal specification or drawing), the original package markings of each item shall be verified to previous Government contract number and part number (as specified in DLAD 52.211-9000, Section I of the award). Any deviation from this number shall be cause for rejection of the item.
(g) Additional inspection requirements may be required, based on the evaluation of the surplus offer, by the procuring activity. Such additional requirements, if necessary, will be identified before the award.
(End of Clause)
Replace paragraph (a) in 9008 with (a) below, for acquisitions above the SAT whenever subsequent shipments, per NSN, will undergo inspection and acceptance at destination,
ALT I
(a) For each NSN, Inspection and Acceptance will take place at:
Origin - First Shipment Only;
Destination - Subsequent Shipments
(End of Clause)
52.246-9009 Lubricating Oil, Internal Combustion Engine MS9250 (A Qualified Product) DLAD (Aug 2007)
As prescribed in 46.394(a) insert the following clause:
LUBRICATING OIL, INTERNAL COMBUSTION ENGINE MS9250 (A QUALIFIED PRODUCT) (Aug 2007) – DLAD
(a) Qualified product shall conform to MIL-L-9000H (SH) dated 16 Sep 87 with the following exception: magnesium content shall be 100 ppm maximum.
(b) The lubricating oil shall be only those products authorized by the qualification activity for listing on the latest qualified products list (QPL-9000) prior to contract award.
(c) Qualified products listed on the latest QPL-9000 which no longer meet the qualified formulation due to change in base stocks will be considered provided the offeror submits the following additional information with its offer:
(1) Typical base stocks characteristics for API gravity, viscosity (cSt) at 100-c, viscosity index, flash point (-C), cloud point (-C), pour point (-C), neutralization number, color, sulfur (% m/m), aniline point (-C), saturates (% vol), aromatics (% vol) and naphthenics (% vol). The offeror shall also specify the test method used to determine each base stock characteristic. This information will be used to determine how the change in base stocks will affect the finished product and/or formulation.
(2) In addition, Alcor IG test result information shall be provided for all finished blends that differ in base stocks approved by the qualification activity. This test information will be comparedto the Caterpillar IG-2 test required by specification (MIL-L-9000). The address and telephone number where the Alcor IG test is performed:
Alcor, Inc.
10130 Jones-Moltberger Road
San Antonio, TX 76216-4191
Phone: 1-800-354-7233
(End of Clause)
* * * * *
52.246-9010 Determination of Quantity Specific to Lubricating Oils DLAD (Aug 2007)
As prescribed in 46.394(b) insert the following clause:
DETERMINATION OF QUANTITY SPECIFIC TO LUBRICATING OILS (Aug 2007) – DLAD
(a) The quantity of supplies furnished under this contract shall be determined by one of the following methods:
(1) The Contractor shall provide delivery equipment that enables the receiving activity and the Contractor to determine quantity at destination in the delivery conveyance by one of the following:
(i) Calibrated meter (in areas where environmental restrictions prohibit the opening of dome hatches prior to, during, or after off-loading, calibrated meter must be used); or
(ii) Certified capacity tables. The tables must be made available at the time of delivery; or
(iii) Certified tank calibration markers. Certified tank calibration markers will not be accepted unless the conveyance is full to the marker and the entire quantity is off-loaded at the receiving activity.
(2) The Contractor and the receiving activity may mutually agree in writing to determine quantity by inventories of the receiving tank(s) just prior to and after delivery. For each contract line item mutually agreed to under this section, the Contractor shall submit one copy of the written mutual agreement to the DSCR contract administrator.
(3) The Contractor and the receiving activity may mutually agree in writing to accept the net quantity determined at the loading point using a calibrated loading rack meter. For each contract line item mutually agreed to under this section, the Contractor shall submit one copy of the written mutual agreement to the DSCR contract administrator.
(i) This quantity must be mechanically printed on the loading rack meter ticket that is generated by the loading rack meter. In addition, the loading rack meter ticket must contain whatever additional information the receiving activity specified when they agreed in writing to use this method.
(ii) Such quantity will be accepted only if the conveyance is sealed at the loading point with serially numbered seals, the seal numbers are recorded on the meter ticket at the loading point, and all seals are intact upon arrival at the receiving activity. The Contractor must affirm in writing that the conveyance was sealed at the loading point.
(iii) If this method is being used, the Government reserves the right to determine the quantity received in gallons at 60 degrees Fahrenheit (or liters at 15 degrees Centigrade) at any time and by any valid means available. If the difference between the quantity determined at the loading point and the quantity determined by the Government at the receiving point exceeds 0.5 percent of the quantity determined at the loading point or if the difference is attributed to a source other than measurement techniques, the net quantity determined by the Government will be the quantity received.
(4) In any case, at the Government's option, quantity may be determined at the receiving activity on the basis of--
(i) Weight, using calibrated scales; or
(ii) A calibrated meter on the receiving tank system.
(b) WATER BOTTOMS. Every delivery must be free of all water bottoms prior to discharge, and the Contractor is responsible for their removal and disposal.
(c) VOLUME CORRECTION. Volume correction to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Centigrade) is required for all product volumes of lubricating oils measured in tank trucks, trucks and trailers, and tank wagons.
(d) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. In addition, the following specific standards will be used as applicable:
(1) API Manual of Petroleum Measurement Standards Chapter 7, Method of Measuring the Temperature of Petroleum Products (API 2543/ASTM D 1086). In areas where the metric system is used, an equivalent type Centigrade thermometer may be used.
(2) API Manual of Petroleum Measurement Standards Chapter 9, Section 1, Density Determination (ASTM D 1298).
(3) API Manual of Petroleum Standards Chapter 3, Method of Gauging Petroleum Products (API 2545/ASTM D 1085).
(4) API Manual of Petroleum Measurement Standards Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200). Either the printed version or the computer subroutine version of the standard may be used.
(i) Use Volume XIII, Tables 5D and 6D (or Volume XIV, Tables 53D and 54D) for lubricating oils.
(ii) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Centigrade to barrels of 60 degrees Fahrenheit, except when this method is restricted by foreign law. Convert liters at 15 degrees Centigrade to cubic meters at 15 degrees Centigrade by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42.
(iii) If the original measurement is by weight, using calibrated scales, then--
(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.
(B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.
(5) API Manual of Petroleum Measurement Standards Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.
(e) UNITS OF QUANTITY.
(1) Depending upon the unit shown in the Schedule, the unit of quantity, as used in this contract, shall be--
(i) The U.S. gallon of 231 cubic inches;
(ii) The liter of 61.026 cubic inches.
(2) Unless otherwise specified in the contract, a reference to gallons shall mean U.S. gallons.
(End of Clause)
52.246-9011 Liquefied Petroleum Gases Quality Assurance DLAD (Aug 2007)
As prescribed in 46.394(c) insert the following clause:
LIQUEFIED PETROLEUM GASES QUALITY ASSURANCE (Aug 2007) – DLAD
(a) Unless specifically requested by the Contracting Officer, testing of liquefied petroleum gases (propane, butane, and mixtures thereof) to assure conformance to Federal Specification BB-G-110, is not required. In lieu thereof, the contractor will obtain a statement from all manufacturers from whom he buys bulk gas, that the LPG supplied was manufactured in accordance with the recommendations of the Natural Gas Processors Association, NGPA Publication No. 2140.
(b) LPG shipments to the Government are limited to material manufactured in accordance with the recommendations of the Natural Gas Processors Association, NGPA Publication No. 2140.
(c) This clause does not waive the right of the Government to require or perform specification testing to confirm compliance with the applicable product specifications.
(End of Clause)
52.246-9012 Preparation for Delivery and Inspection of Fresh Fruits and Vegetables
As prescribed in 46.402-91 insert the following clause:
PREPARATION FOR DELIVERY AND INSPECTION OF FRESH FRUITS AND VEGETABLES (SEP 2007) – DLAD
(a) To the extent possible the government shall purchase product based on visual best value selection, i.e., that product which best meets customer needs after considering quality and price.
(b) For supplies to be delivered to DSCP cold storage sites in the continental United States, inspection shall be performed at origin by the government purchasing agent. Inspection at destination for identity, quality, condition, and quantity shall be performed by the government purchasing agent or by Veterinary/Medical Food Inspection Personnel Services. The contracting officer reserves the right to require that inspection be performed by the Agricultural Marketing Service, USDA, or by State Inspectors at the expense of the contractor.
(c) For supplies to be delivered directly to military posts, camps, stations, commissary stores or ports of embarkation for overseas customers, inspection shall be performed at origin by USDA or state inspectors at contractor’s expense. Inspection at destination for identity, quality, condition and quantity shall be performed by Veterinary/Medical Food Inspection Personnel Services.
(d) In preparing for delivery the contractor shall assure the following:
(1) Include with each shipment when available, a copy of DSCP Form 1930, signed by the contracting officer, stating whether USDA or State Inspection was accomplished at origin.
(2) Include a copy of the USDA or State Inspection Certificate with each shipment which receives such inspection. The certificate shall cite the rail car number or trailer license number. Any shipments received at destination without the required certificate will be inspected by the government at the expense of the contractor.
(e) In the event deliveries are rejected at destination, the contractor may request a reinspection from the contracting officer. The contracting officer may grant reinspections, if valid reasons exist. The reinspection will be conducted by the USDA. In the event results of reinspections confirm nonconformance with contract requirements, the cost of the reinspection shall be borne by the contractor. If results establish conformance with contract requirements, the cost shall be borne by the government.
(f) A representative portion of each contract line item may be check-weighed at destination to determine that the containers meet the specified minimum weight. No payment will be made for weights in excess of the minimum weight required by the contract. Except for supplies purchased for resale, contract requirements will be considered to be satisfied when the average weight per container meets the specified minimum weight. For supplies purchased for resale, each package must contain, at destination, no less than the marked net weight as shown on the container. (Except that lots in compliance with the USDA individual container weight allowance will be considered to meet contract requirements.)
(g) Fresh fruits and vegetables shall be packed in clean commercial type containers. Used containers are permissible if they are free of inappropriate markings. Containers shall be full, tightly packed, and properly closed or covered.
(h) When delivery is to be made to two or more destinations, the contractor shall separately brace each delivery segment at origin or otherwise provide for its protection while enroute to the other consignee(s).
(i) When seavans are loaded at origin for overseas shipment, copies of all papers including a copy of the inspection certificate and a consist document or equivalent document must be placed in the van. The consist document may be your own manifest provided the specified information is included and the copy placed in the van has the word “consist” written or typed on the top of the document.
The following information is to be written on the consist document:
(1) Consignee’s Requisition Number |
The consist document along with the inspection certificate, and phyto-sanitary certificate (if applicable) must be attached to one of the containers in the last row prior to sealing the van. (A copy of the phyto-sanitary certificate (if applicable) must also be attached to the outside of the van door). All papers must show the BPA number as well as other pertinent information as to the contents of the van. Vans will be loaded in accordance with guidance provided by the contracting officer.
(End of Clause)
52.246-9013 Contractor and Government Samples at Origin
As prescribed in 46.402-92 insert the following clause:
CONTRACTOR AND GOVERNMENT SAMPLES AT ORIGIN (SEP 2007) – DLAD
When required, the contractor will select samples of end items or components or both for contractor examination or testing as required by the item specification or other contract provisions. In addition, the government may select samples of end items or components or both at origin for the purpose of conducting required inspection. The government may use, consume, destroy or retain said samples at its option. Notwithstanding any other provision of the contract, the contractor shall bear the cost of contractor and government samples selected at origin, whether the supplies are accepted or rejected. Furthermore, unless otherwise specified, any sample unit which is altered as a result of the performance of any required examination or test so as to no longer meet the required characteristic of the component or end item, shall not be included as part of the supplies delivered under the contract. Examples of such alteration include, but are not limited to, cutting an item to remove a slice or observe internal surface characteristics, procedures requiring re-canning/re-cooking of the product, thawing and refreezing.
(End of Clause)
52.246-9014 Certificate of Conformance
As prescribed in 46.504-90 insert the following clause:
CERTIFICATE OF CONFORMANCE (SEP 2007) – DLAD
(a) Unless otherwise specified in the contract, the contractor shall furnish a certificate of conformance for packaging, packing, labeling, marking and unitization materials and their performance in use in lieu of government sampling and testing. Performance in use applies to joint strength of strapping and tension of unit load strapping. The unitization materials covered by the certificate of conformance shall not include pallets. Examination and testing of pallets shall be performed in accordance with specification requirements unless otherwise stipulated in the contract.
(b) When specified, the contractor may also furnish a certificate of conformance for certain components/ingredients or end item characteristics. The contractor may still furnish a certificate covering any of the foregoing even though a subcontractor provided the materials. In such event, the contractor is responsible for assuring that the materials met all contract requirements. For this reason, the contractor should request a certificate of conformance from the subcontractor.
(c) The certificate of conformance should be worded substantially as follows:
(1) I certify that all (indicate type of material) called for by the contract conform to applicable contract requirements in every particular. (For meats only, the contractor must also state that "no distressed, reconditioned meat has been used.")
(2) Such materials consist of the following: (Specify quantity, manufacturer and nomenclature for each item.)
Signature and Title of Certifying Official
Distribution: One copy to origin inspector, when applicable. One copy with shipment when origin USDA/USDC inspection is not required. One copy with invoice for payment when DD Form 250 is not used.
(d) It is the intent of the government to be able to rely on the certificate of conformance. To assure that the certificate is reliable, the government reserves the right to perform verification testing of each component for which specifications are established in the contract. Random samples shall be personally selected by the cognizant government inspector. Random samples of packaging, labeling, packing and marking materials shall be submitted to the DLA analytical laboratory with a copy of the DD Form 1222 furnished to DSCP-HSQ. Food component materials shall be sent to the laboratory servicing the inspector’s organization. All costs incident to the sampling and submittal of materials shall be borne by the contractor. The reliability of the contractor’s certificate of conformance will be determined on the basis of government verification results.
(1) When it is determined by DSCP-HSQ that the DLA analytical laboratory test samples meet the contract requirements, the certificate of conformance for these materials is considered reliable.
(2) When DSCP finds the materials do not meet the contract requirements based on recognized statistical methods, the certificate of conformance is considered unreliable. The contractor shall be so advised and the particular deficiencies which render such certificate unreliable shall be identified. The unreliability status may be continued from contract to contract regardless of the particular contract on which the verification tests, or submission by contractor of nonconforming material, has occurred. The contractor is responsible for all costs incurred by the government in performing tests of future samples submitted for testing after such time as the government has informed the contractor of the unreliability status and until reliability is again established to the satisfaction of the contracting officer. Testing and administrative costs shall be assessed at the prevailing rate.
(End of Clause)
52.246-9018 Shipping Documents Supplied to Assembly Contractors
As prescribed in 46.601-90 insert the following clause:
SHIPPING DOCUMENTS SUPPLIED TO ASSEMBLY CONTRACTORS (APR 2008) – DLAD
The assembly contractor will be supplied with a DD Form 250 prior to shipment for use in effecting shipments. The DD Form 250 shall contain shipping and marking instructions, except for that shipping information to be obtained and entered by the assembly contractor. The assembly contractor shall be required to print copies of the completed DD Form 250 sufficient for shipping and distribution requirements and invoicing purposes.
(End of Clause)
52.246-9019 Material and Inspection Report
As prescribed in 46.601-90 insert the following clause:
MATERIAL AND INSPECTION REPORT (APR 2008) – DLAD
(a) The Contractor shall create a Receiving Report in Wide Area Workflow Receipt and Acceptance (WAWF-RA), which serves as the Material Inspection and Receiving Report (MIRR)) (DD Form 250). Once the Receiving Report is created and the Government has accepted the material, an electronic signature of the Government representative responsible for acceptance will appear on the Receiving Report.
(b) In addition to the Receiving Report via WAWF-RA, the Contractor shall include hard copies of the Receiving Report (which includes an electronic signature of the Government representative responsible for acceptance if acceptance is at origin) in the exterior and interior shipping documentation.
(End of Clause)
52.246-9020 Distribution of Material Inspection and Receiving Report
As prescribed in 46.601-91 insert the following clause:
DISTRIBUTION OF MATERIAL INSPECTION AND RECEIVING REPORT (APR 2008) – DLAD
(a) Whether processed manually or through Wide Area Work Flow Receipt and Acceptance (WAWF-RA), if this purchase is for Foreign Military Sale (FMS), the Contractor shall—
(i) Include hard copies of the Receiving Report (from WAWF-RA or if processed manually DD Form 250) in the exterior and interior shipping documentation for each package shipped to the freight forwarder.
(ii) Provide eight (8) additional hard copies of the DD Form 250/ WAWF-RA Receiving Report to the freight forwarder.
(b) In accordance with DFARS Appendix F, the Contractor shall include a hard copy of the DD Form 250/WAWF-RA Receiving Report in the exterior and interior shipping documentation for each additional package of a multi-package shipment.
(End of Clause)
52.246-9021 Source Inspection Provisions
As prescribed in 46.402-93 insert the following clause:
SOURCE INSPECTION PROVISIONS (APR 2008 AVIATION) – DLAD
Notwithstanding any other inspection provisions contained in this award, inspection and acceptance of supplies shall be accomplished at source by appropriate source inspection personnel. Inspection shall be limited to: type and kind, quantity, condition, operability (if readily determinable), and preservation, packaging, packing, and marking.
(End of Clause)
52.246-9022 Inspection System Requirement-Foreign Manufactured Items
As prescribed in 46.202-3(90) insert the following clause:
INSPECTION SYSTEM REQUIREMENT-FOREIGN MANUFACTURED ITEMS
APR 2008 MEDICAL) – DLAD
Notwithstanding any other provision contained herein, the Contractor agrees that, for any foreign manufactured items to be delivered under this contract, it shall perform, or have performed at independent domestic facilities, all examinations and tests cited in the applicable specification; and foreign certificates or protocols shall not be acceptable as evidence of compliance with contractual requirements.
(End of Clause)
52.246-9023 General Inspection Requirements
As prescribed in 46.202-3(91) insert the following clause:
GENERAL INSPECTION REQUIREMENTS (APR 2008 SUBSISTENCE) – DLAD
(a) Inspection.
(1) The Contractor shall employ the services of the U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyard Administration (GIPSA) or Agricultural Marketing Service (AMS) or U.S. Department of Commerce (USDC), National Marine Fisheries Service (NMFS) to accomplish origin inspection (examination and testing) and sampling as required herein and in the applicable commodity specifications. The Contractor shall bear all expenses incident thereto, including costs of samples and all associated costs for preparation and mailing. Costs shall be assessed in accordance with the Government laboratory testing charges for individual test characteristics and number of tests required by the specification or contract. A list of fees may be obtained from the appropriate inspection activity. The Contractor shall furnish the Government grader/inspector a copy of the complete contract and supporting contractual documents (i.e., individual solicitation, contract modifications, waivers, and referenced specifications). Offerors may contact the appropriate Government office to discuss inspection procedures prior to submitting offers; however, nothing provided thereby shall be construed to alter the applicable specification in any manner or to reduce the responsibility of Contractor to comply with such specifications.
(2) The Contractor shall take action to correct or replace nonconforming supplies.
(3) The Government will perform an inspection at destination for identity, condition and quantity. If there is evidence that the supplies do not conform with contract requirements, the inspector shall report the findings of his inspection to the appropriate DSCP office (Operational Rations Business Unit, Food Services Business Unit, Produce Business Unit, Product Services Office, etc.). The applicable DSCP office shall report the findings to the Contracting Officer or the Ordering Officer, who shall in turn notify the Contractor.
(4) Supplies will be rejected when any evidence of insect activity (live or dead in any stage of development) or rodent activity/contamination is found in or on product, packaging, packing or unitization.
(5) Nonconforming supplies rejected at origin will not normally be accepted by the Government. However, the Contractor may elect to petition the Contracting Officer in writing to grant a waiver of the contract requirements for which supplies have been found nonconforming, and to accept the supplies “as is” with appropriate price consideration.
(6) The Contractor shall furnish all inspection gauges, instruments, scales, tools or other material required by the designated Government inspection activity to complete the necessary inspection. The Government inspector will insure that the Contractor has had such gauges, instruments, scales, tools, or other material required to complete inspection properly calibrated and, if necessary, certified. When required by the contract/solicitation the Government inspector will collect insect specimens from plant production and storage areas and submit the specimens to the nearest military entomological laboratory for identification. When the collection of insects is required, the Contractor shall be responsible for supplying and installing specified insect monitoring devices required to accomplish this task.
(b) Standby Test Samples.
The Government reserves the right to withdraw and hold standby samples of components or finished products or both (the quantity of which shall be not more than twice that required by the specification) for inspection purposes. Samples not used will be returned to the Contractor.
(c) USDA and USDC Certificates.
(1) Inspection by USDA, AMS, Fruit and Vegetable Division, Poultry Division or Dairy Division: When DD Form 250, Material Inspection Receiving Report (MIRR), is not used, the Contractor shall obtain official USDA inspection certificate, which shall:
(i) Contain the following statement in the grade section of the certificate:
(A) Supplies listed hereon conform to all quality requirements of the contract.
(B) Container condition meets all requirements of the contract.
(C) Visual examination indicates conformance to packaging, packing, unitization, labeling and marking requirements of the contract.
(ii) Indicate that supplies shipped are those inspected. This may be satisfied by means of one of the following:
(A) Each primary container must be embossed, stamped or stenciled with a code mark prior to inspection, which corresponds with the code marks listed on the USDA grade certificate.
(B) The USDA grade certificate bears a statement that all of the shipping containers comprising the inspection lot have been stamped with the official USDA stamp impression.
(C) The USDA certificate of loading, if issued, bears a cross-reference to the applicable USDA inspection document.
(iii) Indicate that the contractor has furnished a certificate of conformance for packaging, packing, labeling, marking and unitization materials.
(iv) Indicate the random samples of packaging, packing, labeling, marking and unitization materials, where applicable, have been selected by the inspector for forwarding to DLA Analytical Laboratory, 700 Robbins Avenue, Philadelphia, PA 19111 in accordance with DSCP clause 52.246-9P20.
(v) Indicate the applicable contract or order number.
(2) Inspection by USDA, AMS, Livestock, Meat, Grain and Seed Division: For all shipments, whether DD Form 250 (MIRR) is required or not, the Contractor shall obtain a USDA agricultural products acceptance certificate (Form LS 5-3), which shall contain the information specified in paragraph (c)(1). The Contractor shall also include the applicable lot number(s).
(3) Inspection by USDA, GIPSA, Field Management Division: When DD Form 250 (MIRR) is not required, the Contractor shall obtain an official USDA inspection or examination certificate, as appropriate. In addition to the entries required by the GIPSA, the certificate shall contain the following certification: “Supplies listed hereon conform to all quality and condition requirements of the contract”.
(d) Distribution of Certificates.
Copying machine duplicates of USDC certificates and USDA certificates other than USDA Form LS 5-3 are not acceptable. Copying machine duplicates of USDA Form LS 5-3 are acceptable only as provided in paragraph (2) and (3) below. Copying machine duplicates of the original signed DD Form 250 are acceptable. In addition to the prohibited use of copying machine duplicates, USDC certificates must also be embossed with the official seal of the USDC. The contractor shall distribute certificates as follows:
(1) When DD Form 250 (MIRR) signed by the inspector is provided, a copy of the USDA/USDC inspection certificate need not be furnished to the designated paying office. (Exception: When the contract or specification provides for acceptance of product with a price adjustment to the contractor'’ invoice, e.g., excess fat in ground beef, the original signed USDA/USDC inspection certificate must be attached to the top of the commercial invoice which is submitted to the designated paying office.)
(2) When DD Form 250 (MIRR) is not required, the original signed USDC inspection certificate or USDA inspection certificate other than USDA Form LS 5-3 must be attached to the top of the commercial invoice, which is submitted to the designated paying office. When the services of the USDA, AMS, Livestock, Meat, Grain and Seed Division are employed, the original signed USDA Form LS 5-3 or a copying machine duplicate of the original form LS 5-3 with an original signature must be attached to the top of the commercial invoice which is submitted to the designated paying office.
(3) As appropriate for any shipment, one blue or green signed copy of the original USDA Fruit and Vegetable Division certificate; one green or yellow carbon copy of the original signed USDA, AMS Dairy Division or Poultry Division certificate; one copy of the original signed USDA, GIPSA or USDC certificate; one copy of the original signed USDA Form LS 5-3 or a copying machine duplicate of the original USDA Form LS 5-3 with an original signature shall accompany each shipment to each destination and be marked ATTN: Subsistence Inspector.
(4) In the event the Contractor does not include appropriate certificate(s) with each shipment to each destination as required, the Government reserves the right to arrange for government grading/inspection and certification at destination at the Contractor’s expense.
(e) Lot Identification.
The Contractor shall code or distinctively mark by embossing, stamping, printing or stenciling each shipping container for every lot of supplies offered for acceptance so as to identify the lot from any other lot produced by the Contractor. Under both in-process (on line) and stationary lot inspections, the maximum lot size, unless otherwise specified in the contract, shall be defined by the assigned inspection agency.
(f) Particular Inspection Requirements.
(1) Primary Containers: Examination of primary containers for external condition and labeling shall be in accordance with the U.S. standards for condition of food containers, except that when requirements are contained in the specification, examination shall be performed in accordance with that specification. When additional requirements are specified in the specification, examination for these requirements shall be in accordance with the specification.
(2) Unit Loads: Examination of unit loads shall be in accordance with MIL-L-35078.
(3) All Other: Examination shall be in accordance with the specification.
(End of Clause)
52.246-9024 Alternative Inspection Requirements for Selected Items
As prescribed in 46.202-3(92) insert the following clause:
ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS
(APR 2008 SUBSISTENCE) – DLAD
(a) Optional Contractor Testing of Contractor-Furnished Materials.
To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, contractually-required tests of end items or component material not specified by the U.S. Standards of Grade. The inspector for the Government agency having jurisdiction over ascertaining compliance may permit shipment, provided all other requirements of the contract are met. The designated Government inspector will select random samples of each lot of end items or component material for verification testing until the Contractor’s testing system is determined reliable in accordance with paragraph (c) of this clause. It is the intent of the Government to rely on Contractor test results to the maximum extent practicable and minimize Government verification testing.
(b) Compliance of Product.
Acceptance of material as complying with required characteristics shall be based on the Contractor’s test results; provided that Government verification indicates the Contractor’s testing system is reliable, in accordance with paragraph (c) of this clause, as to each of the required characteristics. If the Contractor’s test system is determined to be unreliable, product compliance will be determined based solely on Government test results. In the event the Government detects any irregularities in the Contractor’s testing system, the designated Government inspector may withhold approval until Government test results indicate products conform to contract requirements. (For Meal, Ready-to-Eat (MRE) items, if Government laboratory test results show that product is nonconforming, the product shall be withheld from final assembly and subject to return and replacement by the component Contractor, even if previously approved by the Government inspector.)
(c) Reliability Conditions.
(1) To be considered reliable, the Contractor’s testing system shall produce results comparable to the Government test results; unless the Government agency having jurisdiction has inspected the item produced at the Contractor’s plant within the previous 120 days. Unless otherwise specified in this contract, the Government inspector will select samples randomly from the first three lots of end items presented for inspection and will conduct verification testing on a skip-lot basis. Skip-lot verification is done by random selection of samples from not less than one lot in six consecutive lots presented for inspection. The sampling procedure under skip-lot places the succeeding lots not chosen for inspection back into the universe available for subsequent inspection. (For instance, starting with a group of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next samples will be selected from lots 5, 6, 7, 8, 9, or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 13, or 14; and so on.)
(2) Contractor’s testing system shall be considered unreliable when (i) the Government verification results indicate product nonconformance to contract requirements; and (ii) a significant disparity exists between Government laboratory results and Contractor test results. When a Contractor’s testing system is determined to be unreliable, compliance testing will revert to the Government, and all items shall be inspected by the Government prior to shipment.
(3) Contractor’s testing system will be considered doubtful when (i) a significant disparity exists between Government laboratory results and Contractor test results; (ii) the Government test results indicate significantly poorer quality than the Contractor’s; and (iii) the Government laboratory test results do not indicate product nonconformance to a statistically significant degree. When the Contractor’s testing system is considered doubtful, verification testing will be performed on each lot produced; however, the Government will continue to permit the Contractor to ship based on its own test results.
(4) Contractor testing system reliability will be determined by applying recognized statistical tests to the Contractor’s and Government’s test results. These determinations shall be accomplished by the Defense Supply Center Philadelphia, Directorate of Subsistence, Product Services Office, 700 Robbins Avenue, Philadelphia, PA 19111-5092.
(5) The Contracting Officer will notify the Contractor of any change in reliability status. Notification will include details of the statistical determinations and test results used in reliability studies. Telephonic notification and copies of these determinations will be provided to the Government by DSCP-FTRE.
(d) Procedures.
When the Contractor elects to perform testing, the following shall apply:
(1) Reporting of Contractor’s Results. Test reports for each lot of end item and components shall be submitted in the format contained in this clause by the Contractor in an original and one copy to the designated Government inspector. The inspector will forward one completed copy to DSCP-FTRE.
(2) Verification Actions. The Government will perform verification testing for food items and component material required by the contract to assure that the Contractor’s testing results are reliable. Verification samples will be accompanied by a DD Form 1222, Request for and Results of Tests. The Government laboratory that performs the tests will provide copies of the test results to the Government inspector and to DSCP-FTRE. The Government laboratory will telephone the results to DSCP-HS (215-737-4259) when testing identifies nonconformance. The Government reserves the right to (i) increase the rate or amount of verification testing up to and including full lot-by-lot testing, in the event the Contractor does not furnish reliable test results or certificates; or (ii) obtain additional data when significant disparities exist between the Contractor’s results and the results of the Government laboratory testing. When any element of the Contractor testing system is determined unreliable, the Government may consider the testing system as a whole unreliable and return to full lot-by-lot verification for every test. Testing by the Government will continue until such time as the Contractor’s reliability is again established.
(3) Standby Test Samples. The Government reserves the right to withdraw and hold standby test samples of component or finished product or both (the quantity of which shall be the next larger available sample size required for unit testing and the same sample size required for composite testing) for inspection purposes. Unused samples will be returned to the Contractor.
(e) Charges Applicable to Unreliable Test Status.
The prime Contractor shall be charged the costs of lot-by-lot inspection during the period that its testing system is considered unreliable. These charges will be processed and approved by the Contracting Officer.
(f) Format for Contractor/Subcontractor Test Report.
Name & Address of Contractor:
Name & Address of Subcontractor: (if applicable)
Received for Testing: (date)
Contract Number:
Sample Tested: (end item or component, indicate by name)
Quantity Tested:
Applicable Specification:
Identification of Lot: (end item or component lot number, as applicable)
Quantity in Lot: (units)
Testing Completed: (date)
Test Report
(Report test results for each sample unit tested and the sample average, if required by the specification, and identify results obtained from composite samples.)
(Typed name and title of laboratory official and signature)
The following certification shall be affixed to the test report when testing was performed on component items by supplier’s laboratory or by subcontractor’s laboratory.
Certification
I certify that the above test results were furnished to this firm to cover the testing of samples which are representative of the lot, and to the best of my knowledge and belief, have been found to comply with the analytical requirements of the specification, contract no. _______________
Signature:____________________________________________________________________
(typed name and title of Contractor’s representative who is authorized to sign the certificate, and the date)
The following certification shall be affixed to the test report when testing was performed on component and/or end item by Contractor’s laboratory or an independent laboratory.
Certification
I certify that the item presented for acceptance under terms of above referenced contract has been tested, as required by the contract, through the testing of samples that were representative of the lot, and to the best of my knowledge and belief, were found to comply with the analytical requirements of the specification and the contract.
Signature: ___________________________________________________________________
(typed name and title of Contractor’s representative who is authorized to sign the certificate, and the date)
Distribution:
(Original and one (1) copy to Government inspector, who will forward one (1) copy to DSCP-FTRE; and hard copy with each shipment, when DD Form 250 (MIRR) reports are not provided.)
(End of Clause)
52.246-9025 Reinspection of Nonconforming Supplies
As prescribed in 46.407-97 insert the following clause:
REINSPECTION OF NONCONFORMING SUPPLIES
(APR 2008 SUBSISTENCE) – DLAD
(a) When origin inspection is performed by the U.S. Department of Agriculture or U.S. Department of Commerce and supplies are found to be nonconforming at origin, the Contractor may request USDA/USDC reinspection/formal review in accordance with the regulations of the respective agency. In such instances, the next larger available sample size will be used. The decision of the USDA/USDC representative as to conformance or nonconformance shall be final. It will be within the discretion of USDA/USDC whether to assess reinspection costs against the contractor.
(b) When origin inspection is performed by the USDA or USDC and supplies are found to be nonconforming at destination, the Contractor may petition the Contracting Officer to obtain permission for a single reinspection, provided such petition provides valid technical reasons to believe the destination inspection findings were erroneous. The reinspection shall be performed in accordance with the original destination inspection criteria unless otherwise specified by the Contracting Officer.
(1) Reinspection of nonconforming supplies for grading factors, suspicion of fraud or substitution shall be conducted by the applicable origin inspection agency (USDA for meats and poultry, or USDC for waterfoods). All costs associated with USDA/USDC reinspection shall be borne by the Contractor; unless the reinspection results establish compliance with contractual requirements, in which case costs shall be borne by the Government.
(2) Reinspection for all other criteria shall be accomplished by the Military Medical/Veterinary Services, as coordinated by the Contracting Officer with the applicable Military Medical/Veterinary Service Headquarters. The Military Medical/Veterinary Service Headquarters will designate the activity assigned to perform the reinspection and advise the Contracting Officer and the designated activity of the reinspection schedule. Reinspection shall be performed by personnel other than those involved in the original destination inspection. Reinspection costs shall be borne by the Contractor when reinspection results substantiate the nonconformance. The Government shall bear the costs of reinspection if the products are determined to be in compliance with contractual requirements.
(c) When inspection by the USDA or USDC is not a contract requirement and supplies are found nonconforming at destination, the Contractor may petition the Contracting Officer one time only to obtain permission for a single reinspection, provided such petition provides valid technical reasons to believe the original inspection findings were erroneous. If the Contracting Officer authorizes a reinspection, the reinspection results shall be final if they differ from the original inspection to such a statistically significant degree that error in the original results is probable. Otherwise, the original inspection results shall prevail. The reinspection/formal review shall be performed in accordance with the original inspection criteria, unless otherwise specified. All costs associated with the reinspection shall be borne by the Contractor; unless the reinspection results establish compliance with the contract requirements, in which case costs shall be assumed by the Government. Reinspection shall not be authorized when original inspection findings show that the supplies are unwholesome or contain a deleterious substance.
(d) The Contractor may elect to petition the Contracting Officer to grant a waiver of those contract requirements for which supplies have been found nonconforming and accept the supplies “as is” with appropriate price consideration. However, if the Contractor intends to exercise any option under (a), (b) or (c) above, the Contractor must do so prior to requesting a waiver. The denial of a waiver by the Contracting Officer will result in final rejection of the nonconforming supplies without recourse to reinspection.
(End of Clause)
52.246-9026 Inspection Fees – Petroleum Products
As prescribed in 46.202-3(93) insert the following clause:
INSPECTION FEES – PETROLEUM PRODUCTS (APR 2008) – DLAD
(a) The contract price includes all state and local inspection fees in effect and applicable to the supplies to be furnished under this contract; except fees from which the Government, the Contractor, or the transactions covered by this contract are exempt, or which are otherwise provided for in the contract.
(b) Notwithstanding the provisions of paragraph (a) above, the following provisions shall apply to deliveries within the states indicated below:
(1) TENNESSEE: Drum Deliveries - The unit price shall include the Tennessee inspection fee, if applicable.
(2) KANSAS: The unit prices set forth in the Schedule hereof exclude the Kansas inspection fee. The Government hereby consents that the products furnished under such items be not inspected under the Kansas oil inspection law. Should any further consent of the Government be required for the Contractor to obtain a waiver of such inspection, Contractor shall notify the Contracting Officer, Defense Supply Center Richmond. In the event, however, that the Contractor is required to pay the Kansas inspection fee, the contract prices for the items affected thereby shall be increased by the amount of such fee.
(3) SOUTH CAROLINA: The unit price set forth in the Schedule hereof shall exclude the South Carolina inspection fee. In the event the Contractor is unable to obtain exemption from or refund of such fee on supplies furnished hereunder, the Government will reimburse the Contractor for the amount thereof.
(End of Clause)
52.246-9027 Inspection of Bulk Deliveries – Petroleum Products
As prescribed in 46.202-3(94) insert the following clause:
INSPECTION OF BULK DELIVERIES – PETROLEUM PRODUCTS (APR 2008) – DLAD
(a) The activity assigned petroleum procurement inspection responsibility for the geographical area wherein the point of bulk shipment (loading) is located is responsible for assuring compliance with the Contractor inspection responsibilities.
(b) The following information will be dispatched by the Contractor so as to be available to the Government inspection activity for the shipping point at least 5 days (see note below) prior to the date of shipment: (1) Contract Number and Item Number; (2) date shipment is to be made; (3) name and location of refinery from which shipment is made; (4) identity of consignee; (5) quantity to be shipped.
(Note: in the case of tank wagon deliveries into vessel, the above information will be made available to the cognizant Government inspection activity at least 24 hours in advance of the time of shipment.)
(c) Shipping documents will attest to Government inspection (and acceptance if applicable) by such means as determined appropriate by the Government inspection activity.
(End of Clause)
52.246-9028 Inspection of Construction
As prescribed in 46.312-90 insert the following clause:
INSPECTION OF CONSTRUCTION (APR 2008) – DLAD
(a) The ______________ (Insert Individual and Office) or their authorized representative will be responsible for inspection of work performed.
(b) Upon completion of the work, the Contracting Officer's Representative (COR) will furnish a certificate to the Contracting Officer attesting to the performance of the work in accordance with the contract requirements without deviation.
(c) Upon receipt of the COR's certificate, the work will be accepted by the Contracting Officer.|
(End of Clause)
52.246-9029 Inspection and Acceptance Points
As prescribed in 46.503-90 insert the following clause:
INSPECTION AND ACCEPTANCE POINTS (JUL 2008) – DLAD
(a) Inspection and Acceptance are:
Inspection point: [ ] Destination [ ] Origin (First Shipment Only)
Acceptance point: [ ] Destination [ ] Origin (Subsequent Shipments)
(End of Clause)
52.246-9030 Shade Evaluation of Contractor Furnished Components
As prescribed in 46.395(a) insert the following clause:
SHADE EVALUATION OF CONTRACTOR FURNISHED COMPONENTS (APR 2008) – DLAD
Contracts awarded under this solicitation shall require shade evaluation of contractor furnished components in accordance with the following provisions:
(a) Swatches shall be cut by the contractor from those pieces or rolls selected by the Government representative. For yard goods, the dimensions of each swatch shall be 4" x 12" while for narrow loom material each swatch shall be a full width and 12" in length. The number of pieces or rolls to be sampled shall be in accordance with the following table:
LOT SIZE |
PIECES TO BE SAMPLED | |
1 to 8 pieces |
Each piece | |
9 to 25 pieces |
8 pieces | |
26 to 90 pieces |
20 pieces | |
91 to 160 pieces |
32 pieces | |
over 160 pieces |
1 of 5 pieces |
(b) The swatches shall be submitted to the Government laboratory for shade evaluation. If any swatches are rejected, the end items made from the rejected component lot shall also be rejected. In these instances, the contractor shall without cost to the Government, cut additional shade swatches from each remaining piece or roll in the rejected sample lot which was not previously sampled and submit these swatches to the Government for shade evaluation.
(c) Swatches submitted in accordance with (a) and (b) above, shall also be evaluated for uniformity of shade when so specified in Section 3 of the fabric specification and when the standard sample is referenced for uniformity of shade.
(End of Clause)
As prescribed in 46.395(b) insert the following clause:
SHADE EVALUATION (APR 2008) – DLAD
[ ] (a) 100% SWATCHING: From each piece in the lot, the contractor shall cut a 4" X 20" shade swatch which is representative of the shade of the piece. The contractor shall cut these swatches into two 4" X 10" swatches and identify each swatch with the piece from which it was cut. One set of swatches and a tally list of piece numbers for each roll of the lot shall be forwarded to the DLA Product Testing Center--Analytical for evaluation. The remaining set shall be retained at the plant for use by the Quality Assurance Representative (QAR).
OR
[ ] (a) CASE SWATCHING: The contractor shall put in each case only pieces which closely approximate each other in shade. From one piece in each case, the contractor shall then cut a 4" X 20" shade swatch which shall be representative of the shade of the pieces in that case. The contractor shall cut these swatches into two 4" X 10" swatches and identify each swatch with the case number containing the piece from which it was cut. One set of swatches shall be forwarded to the Government laboratory for evaluation, and the other set retained at the plant for use by the Quality Assurance Representative (QAR).
OR
[ ] (a) SAMPLING: Notwithstanding any current provisions of the fabric specification, the following shade evaluation shall apply to this solicitation. A 4" x 12" shade swatch will be cut by the contractor from those pieces or rolls selected by the Government representative, in accordance with the following table:
Lot Size |
No. of Pieces to be Sampled | |
1 to 8 pieces |
Each piece | |
9 to 25 pieces |
8 pieces | |
26 to 90 pieces |
20 pieces | |
91 to 160 pieces |
32 pieces | |
over 160 pieces |
1 of 5 pieces |
The swatches shall be identified and submitted to the DLA Product Testing Center--Analytical for shade evaluation. If one or more of the shade swatches submitted are found unacceptable, the entire lot shall be rejected. A lot that was rejected for shade shall be screened and all pieces in the lot defective for shade shall be removed before such a lot is resubmitted. Resubmitted lots shall again be subjected to the sampling and shade evaluation prescribed herein. This requirement does not negate the contractor's responsibility to perform shade evaluation prior to submittal of a lot to the Government.
(b) When Section 3 of the fabric specification contains a specific requirement for uniformity of shade and when the standard sample is referenced for uniformity of shade, the swatches submitted in accordance with (a) above shall also be evaluated for uniformity of shade.
(c) The contractor shall transmit the swatches to:
DLA Product Testing Center--Analytical |
The letter shall indicate "FOR GOVERNMENT SHADE APPROVAL" and contain the following information:
(1) Name of prime contractor.
(2) Contract number.
(3) Nomenclature.
(4) Government inspection lot number.
(5) Number of swatches being submitted.
(6) QAR's name.
(7) Name and address of the QAR's base plant.
(8) Piece number of standard sample cited in contract.
(9) Tally list with piece numbers (not applicable to case swatching).
(d) If any swatches are rejected by the DLA Product Testing Center--Analytical for shade, those pieces* from which the rejected swatches were cut will be removed from the lot. Each piece acceptable for shade from which a shade swatch has been removed shall be cut by the contractor from selvage to selvage so that there will be no evidence of the shade swatch cut-out. The portion removed shall not be included in the yardage indicated on the piece ticket.
(e) If the contractor reworks and resubmits pieces* originally rejected for shade or finish, it shall not combine the rejected pieces* with normal production or with lots rejected for other causes. Such pieces* shall be combined to form one resubmitted lot. Each piece* shall retain its original piece number, suffixed with an "X". The lot number shall also be suffixed with an "X".
*When the second block (a) above (CASE SWATCHING) is checked, the word "case(s)" is substituted for the word "piece(s)" in paragraphs (d) and (e)
(End of Clause)
10
52.246-9032 Identification of Qualified Laboratory and Source Sampling
As prescribed in 46.401-90 insert the following clause:
IDENTIFICATION OF QUALIFIED LABORATORY AND SOURCE SAMPLING (APR 2008) – DLAD
(a) The offeror or bidder shall indicate in paragraph (e) below the name and address of the laboratory or laboratories where components or end items will be tested during the course of any resultant contract. Any laboratory proposed by the contractor is subject to the approval of the contracting officer.
(b) The Government QAR will cut samples from a lot at the textile component source and send them for testing to the Laboratory cited below. (The acceptability of each lot will be determined through the testing of these samples). In addition, the QAR will simultaneously cut samples from the same rolls of material and send them to the DSCP laboratory when advised by the DSCP textile technologist to do so. For end items, duplicate samples will be drawn. Source sampling procedures are detailed further in DSCP Manual, Quality Systems Requirements, 4155.3, which is incorporated by reference.
(c) The prime contractor will notify the DSCP textile technologist (______________________at (215) 737-_______) in writing at least ten days in advance when lots are to be presented to allow Government witnessing of testing at the contractor’s laboratory. If the Government intends to witness testing, a representative from the DSCP laboratory will notify the contractor’s laboratory. In the absence of Government notification, testing should proceed as scheduled.
(d) Should the contracting officer withdraw approval of the laboratory proposed by the contractor during the course of a contract, DSCP will perform the required testing for up to 30 calendar days from the date of approval withdrawal. The charge for testing will be the DSCP laboratory’s effective cost rate on the date of testing. The contractor is responsible for securing the services of another laboratory during this period.
(e) Any change in the laboratory (or laboratories) specified below is prohibited unless approved in advance by the contracting officer.
Name and Address of Laboratory |
Component Identity* |
Name and Address of Component Source |
* When a single lot of material requires testing by more than one laboratory for different characteristics, list the name of the secondary laboratory and the test characteristics below:
Name and Address of Laboratory |
Component Identity* |
Test Characteristics |
(f) It is solely the prime contractor's responsibility to schedule laboratory testing and to obtain test reports. The cost of laboratory testing shall also be borne by the prime contractor.
(g) Shipments of component materials to the prime contractor need not be deferred pending test results except when shade approval is required (see paragraph (h)). Cutting production lots without a passing laboratory test report on the corresponding samples is done at the contractor's own risk.
(h) Shade evaluation is acceptance testing. Therefore, component lots may not be shipped to the prime contractor until the DSCP laboratory accepts the shade of the material.
(End of Clause)
52.246-9033 Operational Check of Equipment Items
As prescribed in 46.105-90 insert the following clause:
OPERATIONAL CHECK OF EQUIPMENT ITEMS (APR 2008 MEDICAL) – DLAD
Notwithstanding any other provision of this contract, the contractor/manufacturer shall perform an operational check on each piece of mechanical or electrical equipment to be supplied to the Government. The operational check shall demonstrate that the equipment is capable of performing all of the functions specified in the contract. This check shall be supported by inspection records which detail each operational check performed. A contractor/ manufacturer using an alternate procedure which provides a 100% check of all significant operations may use its procedure if prior approval by the contracting officer is obtained.
(End of Clause)
52.246-9034 Testing at Government Laboratory
As prescribed in 46.401-90 insert the following clause:
TESTING AT GOVERNMENT LABORATORY (APR 2008 MEDICAL) – DLAD
The Government reserves the right to select samples of any item at any one or more stages of production for testing. Such samples shall be forwarded by the contractor, at its expense, to the government laboratory designated by the cognizant inspector. Thereafter, no supplies represented by the samples shall be shipped, unless otherwise directed by the inspector, until the contractor receives notification from the designated laboratory that the samples have been approved. Provided such samples are not destroyed in testing, they shall be packed, packaged, and returned to the contractor, at its expense, if so requested at time of their submission.
(End of Clause)
52.246-9035 Acceptance of Medical and Laboratory Instrumentation
As prescribed in 46.502-90 insert the following clause:
ACCEPTANCE OF MEDICAL AND LABORATORY INSTRUMENTATION (APR 2008 MEDICAL) – DLAD
(a) Final acceptance of equipment at the hospital will be made by the Chief of Medical Materiel Services (CMMS) based upon an inspection and test to be performed at government expense within 30 days from date of receipt. The contractor shall, in accordance with customary trade practices, submit a written copy of test procedures and performance certification for the equipment. These procedures and other government tests shall verify that the contractor specifications and government requirements have been met. The government acceptance test procedure will include complete verification of functional operation. The Government may also choose to verify the published specifications of the contractor's catalog components and to verify the performance specifications for noncatalog or modified devices.
(b) In the event the equipment is rejected as a result of the first inspection, the contractor will be advised as to deficiencies which were cause for rejection. It shall be the contractor's responsibility to correct reported deficiencies and to advise the CMMS when all corrections have been made and the equipment is ready for reinspection. Reinspection will be performed by the government with all costs incurred chargeable to the contractor's account.
(c) If there are no deficiencies or if deficiencies found at the time of inspection are corrected within 14 calendar days, date of acceptance will be the date of receipt. Failure to correct deficiencies within the 14 day period shall result in a day-for-day extension of the warranty period.
(End of Clause)
52.246-9036 Acceptance of Installation for Medical and Laboratory Instrumentation
As prescribed in 46.502-91 insert the following clause:
ACCEPTANCE OF INSTALLATION FOR MEDICAL AND LABORATORY INSTRUMENTATION (APR 2008 MEDICAL) – DLAD
(a) Upon completion of installation, the equipment shall be turned over to the hospital for use, and the contractor shall furnish, a written notice of readiness for inspection of the equipment to DSCP-MX, Chief, Biomedical Systems Office, Directorate of Medical Materiel, Defense Supply Center Philadelphia, 700 Robbins Avenue, Phila., PA 19111-5092. Final acceptance of installation shall be made by Chief, Biomedical Systems Office, DSCP-MX, based upon an inspection and test to be performed at government expense within 30 days from date of receipt of request for inspection. The Chief of Medical Materiel Services (CMMS) at the hospital shall notify the contractor 72 hours in advance of inspection. The contractor shall be responsible for connecting test equipment and operating the components during inspection testing. Minor discrepancies which may be corrected during the inspection shall not be cause for rejection. If acceptance inspection is not conducted within 30 days from date of receipt of request for inspection, the Government shall accept installation. Use of equipment during the period between completion of installation and inspection or inspection and reinspection shall not negate the right on the part of the Government to reject installation.
(b) In the event the installation is rejected as a result of the first inspection, contractor shall be advised as to deficiencies which were cause for rejection. It shall be contractor's responsibility to correct reported deficiencies and to advise the contracting office when all corrections have been made and equipment is ready for reinspection. Reinspection shall be performed by the Government with all costs incurred chargeable to the contractor's account.
(c) If deficiencies found at the time of inspection are corrected within 14 calendar days, date of acceptance shall be the date notice of readiness for inspection is received at DSCP -MX. Failure to correct deficiencies within the 14 day period shall result in a day-for-day extension of the warranty period.
(End of Clause)
52.246-9037 Orders for Repair of Medical Equipment
As prescribed in 46.710-90 insert the following clause:
ORDERS FOR REPAIR OF MEDICAL EQUIPMENT (APR 2008 MEDICAL) – DLAD
(a) Statement of Work.
The contractor will furnish all facilities, labor, tools, equipment, material, and parts to recondition and rebuild the item(s) to be delivered under this order to the original manufacturer's tolerances, performance, and material specification. Prior to delivery, the contractor will perform such tests necessary to insure compliance with the requirements.
(b) Warranty.
The contractor warrants that the item(s) delivered under this order are free from defective workmanship or material and will rework or replace at its expense any such defect as may be discovered within 1 year after delivery; or ninety 90 days of operation, whichever is sooner.
(End of Clause)
52.246-9038 Installation of Medical and Laboratory Instrumentation
As prescribed in 46.403(a)(93) insert the following clause:
INSTALLATION OF MEDICAL AND LABORATORY INSTRUMENTATION (APR 2008 MEDICAL) – DLAD
Installation shall include electrical and mechanical interconnection between components of the system. The contractor shall not be responsible for effecting the connection between power source and the control unit; but shall supervise the installation of this electrical line. Contractor installation shall not include rigging, carpentry work, plumbing, conduit, wire in conduit, junction boxes, line switches, or fuses. The contractor shall be responsible for visiting the site of installation, surveying power requirements, and, in accordance with customary trade practices, providing the Chief of Medical Materiel Services (CMMS) at the hospital with complete layout plans, room preparation drawings and instructions within __________ calendar days after award of contract. Such instructions shall specifically indicate the point at which responsibility for utility connection will be assumed by the contractor and shall indicate that material which is to be installed-furnished-contractor-installed. It shall be the responsibility of the Government to comply with the furnished drawings and/or instructions to provide for the proper installation. In addition, the contractor shall advise the activity as to the selection of the power supply required to feed the system. In all instances, when the system/equipment being procured or installed includes or will operate with other ancillary equipment, the contractor shall also furnish complete instructions and drawings which show interfacing of all system components.
(End of Clause)
52.246-9039 Removal of Government Identification from Non-Accepted Supplies
As prescribed in 46.407-97 insert the following clause:
REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES (APR 2008) – DLAD
(a) The contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 USC 45 et seq) and the Federal Food, Drug and Cosmetic Act (21 USC 301 et seq), as well as other Federal or State laws and regulations promulgated pursuant thereto.
(b) Unless otherwise authorized by the contracting officer, the contractor is responsible for removal or obliteration of government identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not offered or supplies transferred from the Government's account to the cold storage contractor's account at origin or destination. (For product rejected at destination and returned to the contractor's plant, the 72 hour period starts with the time of contractor receipt of returned product). After removal or obliteration is accomplished and prior to disposition, the contractor must notify the Government inspector.
(End of Clause)
52.246-9042 Documentation of Traceability - QPL/QML Integrated Circuits, Hybrid Microcircuits, and Semiconductor Devices
As prescribed in 46.504(a)(90) insert the following clause:
DOCUMENTATION OF TRACEABILITY – QPL/QML INTEGRATED CIRCUITS, HYBRID MICROCIRCUITS, AND SEMICONDUCTOR DEVICES (JUL 2008 MARITIME) – DLAD
This clause is applicable to all contracts for QPL or QML integrated circuits or hybrid microcircuits devices procured in accordance with MIL-M-38510, MIL-PRF-38534 or MIL-PRF-38535, and semiconductor devices procured in accordance with MIL-PRF-19500. This clause applies regardless of the point of inspection designated in the award. This clause applies not only to contracts with suppliers (e.g., dealers or distributors) not listed as approved manufacturers on the applicable QPL/QML, but also to contracts awarded directly to a manufacturer listed on the applicable QPL/QML.
The items supplied must be in strict conformance to the requirements set forth and/or referenced in the item description, including applicable revisions and slash sheets. To ensure this conformance, the contractor must provide a Certificate of Conformance and Traceability (CoC/T), as required by the applicable military specification. This CoC/T must include the information and documentation required by the applicable military specification. This documentation must reference the contract number and include a certification signed by the approved QPL/QML manufacturer. In addition, if the material is not procured directly from the approved manufacturer, all additional documentation required by the specification must be
provided to establish traceability from the QPL/QML manufacturer through delivery to the Government. The CoC/T is required to determine acceptability of the supplies. If the CoC/T is not provided, is incomplete, or is otherwise unacceptable, the supplies will be determined not to meet contract requirements and will be rejected.
If the contract requires inspection and acceptance at origin, the contractor shall furnish the original and two copies of the CoC/T to the Government Quality Assurance Representative (QAR) with the items offered for acceptance. The CoC/T must clearly reference the applicable contract number. Upon acceptance, the QAR shall sign all copies indicating approval of the certification and acceptance of the supplies. The contractor shall submit one signed copy to DSCC-FMTA. The second copy shall be retained by the QAR. The original shall be maintained by the contractor.
If the contract requires inspection and acceptance at destination, the contractor shall mail one copy of the CoC/T to DSCC-FMTA upon shipment/delivery. The CoC/T must clearly reference the applicable contract number.
(End of Clause)
52.247-9000 Guaranteed maximum shipping weights or dimensions.
As prescribed in 47.305-3(90), insert the following clauses:
GUARANTEED MAXIMUM SHIPPING WEIGHTS OR DIMENSIONS (DEC 1985) - DLAD
Note to Administrative Contracting Officer. This award has been made on the basis of guaranteed maximum shipping weights or dimensions, and/or minimum size of shipments as specified. Take action in accordance with DLAM 8105.1, Contract Administration Manual, section 47-5, if it becomes evident that the guaranteed maximum shipping weights or dimensions will be exceeded, or if the contractor tenders delivery of less than the minimum size shipment specified, in order that action may be taken to adjust the contract price.
(End of clause)
52.247-9001 Port handling and ocean costs in bid evaluation.
As prescribed in 47.305-3(91), insert the following provision:
PORT HANDLING AND OCEAN COSTS IN OFFER EVALUATION (APR 1985) - DLAD
The above tentative port handling and ocean freight charges are set forth for the information of offerors. In evaluating offers received in response to this solicitation, the Government will utilize those charges which are on file as of the date of bid opening, or closing time specified for receipt of proposals, and effective for the date of expected initial shipment. A list of port handling and ocean freight charges actually used in evaluation, if substituted for any listed above, will be furnished interested offerors upon request.
(End of provision)
52.247-9006 FOB Destination Price Quoting Instructions -- Overseas DVD and Navy Ships.
As prescribed in DLAD 47.305-4, insert the following clause in solicitations and contracts:
FOB Destination Price Quoting Instructions -- Overseas DVD and Navy Ships (JUL 02) - DLAD
Note: This clause does not apply when the SIG (signal code) found in Section F - Additional Delivery Info is J, K, L, or M; use instructions in clause 52.247-9001 instead.
Offerors shall include the cost of transportation in their price quotes. This clause identifies the Continental United States (CONUS) location (i.e., destination) to use for price quoting purposes. This clause does not modify or supercede any shipping instructions specified elsewhere in the solicitation. The successful offeror (i.e., awardee) must contact the transportation office of the contract administration office prior to shipment for confirmation of actual delivery location.
The location (i.e., destination) to use for price quoting purposes only, in order of precedence (first to last), is as follows:
(a) Use the CONUS Break Bulk Point (BBP) or Container Consolidation Point (CCP) if one is identified in Section F - Additional Delivery Info. If one is not identified,
(b) Use the complete (i.e., contains street, city, state) CONUS shipping address, if one is identified in Section F - Delivery Information Ship To. If one is not identified,
(c) Use the following APO/FPO information in Section F - Delivery Information Ship To.
(1) If the APO/FPO is AA or AE, anticipate delivery to New Cumberland, PA. 17070; Dover, DE. 19902; or Norfolk, VA 23511.
(2) If the APO/FPO is AP, anticipate delivery to Travis AFB, CA. 94535, Tracy, CA. 95376; or San Diego CA. 92136.
If none of the above exists, access the TAC 1 (parcel post address) from the Defense Automatic Addressing Center Inquiry (DAASINQ) website at https://day2k1.daas.dla.mil/dodaac . https://www.daas.dla.mil/daasinq2/daasinq_dodaaf_menu.asp
(d) Perform a Department of Defense Activity Addressing Code (DoDAAC) query using the following as the DoDAAC:
(1) First 6 digits of the Transportation Control Number (TCN), if signal code (SIG) in Section F – Additional Delivery Info is other thanJ, K, L, or M.
(2) Supplementary address (SUPP ADD) in Section F – Additional Delivery Info, if SIG is J, K, L, or M.
If the TAC 1 is a complete CONUS shipping address, use this address. If the TAC 1 contains an APO/FPO, use the destination specified in (c)(1) or(c)(2) above.
(End of clause)
52.247-9007 FOB Destination Price Quoting Instructions -- CONUS DVD
As prescribed in DLAD 47.305-4, insert the following provision in solicitations:
FOB Destination Price Quoting Instructions -- CONUS DVD (JUL 02) - DLAD
Offerors shall include the cost of transportation in their price quotes. This clause identifies the location (i.e. destination) to use for price quoting purposes. This clause does not modify or supercede any shipping instructions specified elsewhere in the solicitation.
The location to use for price quoting purposes only, in order of precedence (first to last), is as follows:
(a) Use the CONUS break bulk point (BBP) in Section F Additional Delivery Info if one is identified. If CONUS BBP is not identified,
(b) Use the Ship To address in Section F Delivery Information.
(End of provision)
52.247-9008 FOB Destination Price Quoting Instructions -- FMS
As prescribed in DLAD 47.305-4, insert the following clause in solicitations and contracts:
FOB Destination Price Quoting Instructions -- FMS (JUL 02) - DLAD
Note: Do not use the “ship to” address (i.e., ultimate consignee) identified in Section F - Delivery Information, or an outside CONUS (OCONUS) break bulk point (BBP) if one is specified in Section F - Additional Delivery Info, for price quoting purposes. Instead, use the below procedures for price quoting purposes.
Offerors shall include the cost of transportation in their price quotes. This clause identifies the Continental United States (CONUS) location (i.e., destination) to use for price quoting purposes. This clause does not modify or supercede any shipping instructions specified elsewhere in the solicitation. The successful offeror (i.e., awardee) must contact the transportation office of the procuring activity office prior to shipment for confirmation of actual delivery location.
The location (i.e., destination) to use for price quoting purposes only, in order of preference (first to last), is as follows:
(a) CONUS break bulk point (BBP), if one is specified in Section F- Additional Delivery Info.
(b) Anywhere within a 100-mile radius of the freight forwarder address specified in Section F- Additional Delivery Info.
(End of clause)
52.247-9009 FOB Destination Price Quoting Instructions -- Canadian FMS
As prescribed in DLAD 47.305-4, insert the following clause in solicitations:
FOB Destination Price Quoting Instructions -- Canadian FMS (JUL 02) - DLAD
This requirement is for a Canadian Foreign Military Sales Customer. Offerors shall include the cost of transportation in their price quotes. The location (i.e., destination) to use for price quoting purposes is the ship to address (i.e., ultimate consignee) identified in Section F-Delivery Information.
(End of provision)
52.247-9010 FOB Destination Price Quoting Instructions – Shipment to Depot
As prescribed in DLAD 47.305-4, insert the following clause in solicitations:
FOB Destination Price Quoting Instructions -- Shipment to Depot (JUL 02) - DLAD
Offerors shall include the cost of transportation in their price quotes. This clause identifies the location (i.e. destination) to use for price quoting purposes. This clause does not modify or supercede any shipping instructions specified elsewhere in the solicitation.
(a) When the Section F Delivery Information Ship To is a Continental United States (CONUS) location, use the Ship To address.
(b) When the Section F Delivery Information Ship To is an outside CONUS (OCONUS) location, use:
(1) New Cumberland, PA. 17070 for European depots (Defense Depots Germerscheime, Germany and Sigonelli, Italy)
(2) Tracy, CA. 95376 for Pacific depots (Defense Depots Sasebo, Japan and Yokosuka, Japan)
(End of provision)
52.247-9011 Distribution Planning and Management System (DPMS) Pilot (APR 2006).
As prescribed in 47.305-8, insert the following provision:
Distribution Planning and Management System (DPMS) Pilot (APR 2006)
a. The Contractor shall:
(1) Establish a DPMS profile.
(i) Prior to initial DPMS usage, the Supplier shall establish a profile in DPMS. To create a profile, the Supplier contacts the Defense Distribution Center (DDC), (DDC Code: TOT (1-800-456-5507)) which will assign a unique User Name and Password to the Supplier.
(ii) The Contractor shall provide all required information in the profile to include:
A. Company name and address
B. Hours of operation
C. Points of contact with associated contact information (telephone numbers, facsimile numbers, and email addresses, and certification information to process hazardous materiel for air or surface shipment)
(iii) The Contractor shall update the profile as necessary to insure that the information in it is accurate.
(2) Ensure the following minimum information technology capability in order to access DPMS:
(i) Pentium personal computer or equivalent system sufficient to access the Internet.
(ii) Hewlett Packard compatible laser printer with two megabytes of memory.
(iii) Internet Explorer 5.5 or more recent version.
(iv) Adobe Acrobat 5.0 or more recent version
(v) Minimum 56 Kbps internet connection
(3) Use DPMS to plan and manage transportation under this contract:
(i) When supplies under this contract/order are ready for shipment, the Contractor shall register each shipment in DPMS by selecting the appropriate order and entering accurate weight/cube information, and availability/preferred time of pick up. (Accurate information is essential to ensure proper routing.) If a transportation order does not appear in DPMS, follow the directions in the DPMS User’s Guide (see par. A(ii)(4)) for manual entry instructions
(ii) The Military Shipping Label (MSL) and carrier information/shipping instructions should be available in DPMS within 24 hours of initial shipment registry. The carrier will be chosen by the Government may not necessarily be the preferred carrier of the supplier.
(iii) The Contractor shall print out and affix the DPMS generated MSL, print out the appropriate shipping documents, and maintain the item and shipping documents until the Government-provided transporter picks up the item(s).
b. The Contractor shall not invoice for transportation costs since the Government is providing transportation pursuant to the DPMS Pilot Program.
c. Use DPMS to contact the applicable transportation office prior to shipping, this will satisfy transportation notification requirements specified in Section B.
d. Contact DDC (1-800-456-5507) if DPMS cannot be accessed, or if there are other transportation-related difficulties or questions.
e. The Contractor acknowledges that participation in the DPMS Program applies to this contract/order only and any costs of participation will be borne solely by the contractor and not charged to the Government, either directly or indirectly as a component of cost or product price.
END OF CLAUSE
52.247-9012 Requirements for treatment of wood packaging material (WPM).
As prescribed in 47.305(c)(91), insert the following clause:
REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) – (Feb 2007) – DLAD
(a) THIS CLAUSE ONLY APPLIES WHEN WOOD PACKAGING MATERIAL (WPM) WILL BE USED TO MAKE SHIPMENTS UNDER THIS CONTRACT. AND/OR WHEN WPM IS BEING ACQUIRED UNDER THIS CONTRACT.”
(b) Definition.
Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).
(c) All Wood Packaging Material(WPM) used to make shipments under DOD contracts and/or acquired by DOD must meet requirements of International Standards for Phytosanitary Measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.
(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood Packaging Material Program and WPM Enforcement Regulations (see http://www.alsc.org/).
(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved DUNNAGE stamp.
(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."
(End of clause)
52.247-9013 F.O.B. Origin and/or F.O.B. Port(s) of Loading (Destination) in Offer Evaluation
As prescribed in 47.305-6(e) insert the following provision:
F.O.B. ORIGIN AND/OR F.O.B. PORT(S) OF LOADING (DESTINATION) IN OFFER EVALUATION (AUG 2007) - DLAD
(a) As selected below by the Government, offers shall be submitted:
[ ] on the basis of both f.o.b. origin and f.o.b. port of loading (destination) for items __________. The Government will award on the f.o.b. basis determined by the contracting officer to be the most advantageous to the Government. An offer on the basis of f.o.b. origin only or f.o.b. port of loading (destination) only is acceptable, but will be evaluated only on the basis submitted.
[ ] only on the basis of f.o.b. port of loading (destination) for items _________. Offers submitted on any other basis will be rejected as nonresponsive.
[ ] only on the basis of f.o.b. origin for items __________. Offers submitted on any other basis will be rejected as nonresponsive.
(b) If the offeror designates and/or nominates more than one U.S. port of loading in FAR 52.247-51 or its alternates for evaluation of its offer, but intends a separate or different price applicable to each port of loading, the offeror shall identify in its offer the price(s) applicable to each item, quantity, and port of loading. Absent such identification, the same price(s) shall apply for each item and quantity for all port(s) of loading designated or nominated.
(c) [ ] When checked, logistics requirements limit the port of loading to the ports listed by the Government in (d) of FAR 52.247-51 or its alternates. Any nominations for additional ports by the offeror in (e) of FAR 52.247-51 or its alternates will not be evaluated.
(End of provision)
52.247-9014 Evaluation of Offers via Export Aerial Ports
As prescribed in 47.305-6 insert the following provision:
EVALUATION OF OFFERS VIA EXPORT AERIAL PORTS (AUG 2007) – DLAD
[__] (a) F.O.B. Aerial Port of Embarkation (Destination): Offers will be evaluated on the basis of the lowest cost to the Government at the overseas Aerial Port of Debarkation (APOD). Included in this evaluation, in addition to the price to the United States Aerial Port of Embarkation (APOE) will be the aerial shipping costs from the APOE to the overseas APOD. Offeror must insert in this paragraph at least one of the aerial ports shown in paragraph (c) as the place of delivery for each f.o.b. destination offer.
CAUTION: If a port is not inserted by the offeror, evaluation will be made to a port in paragraph (c) geographically nearest offeror's shipping point.
Place of Delivery:
ITEM NO. PORT ITEM NO. PORT ITEM NO. PORT
[__] (b) F.O.B. Origin, Transportation under Government Bill of Lading: Offers will be evaluated on the basis of the lowest cost to the Government at the overseas Aerial Port of Debarkation (APOD). Included in this evaluation, in addition to the f.o.b. origin price of the item, will be the inland transportation costs from the point of origin in the United States to the Aerial Port of Embarkation (APOE) and aerial shipping costs from the APOE to the oversea APOD. The Government will designate the mode and routing at time of shipment and may load from other than those aerial ports specified for evaluation purposes.
[ ] (c) Aerial Port(s) of Embarkation and Shipping Costs for Evaluation of Offers:
NOTE: Aerial transportation charges are assessed by pound or cube. The cubic foot measurement is multiplied by the cube density minimum of 12.5 pounds per cubic foot and compared to the weight. The larger of the two, actual weight or cube weight, is used for computing charges.
SOL Item Number
Overseas APOD Code
APOE LOCATION COST PER
POUND
CHS-Charleston, AFB, SC
DOV-Dover AFB, DE
NGU-NAS Norfolk, VA
SUU-Travis AFB, CA
TCM-McChord AFB, WA
WRI-McGuire AFB, NJ
(end of provision)
ALT I Add paragraph (d) for awards utilizing F.O.B. Destination:
(d) This award is based on shipment to APOE:_____________________.
(end of provision)
ALT II Add paragraph (d) for awards utilizing F.O.B. Origin:
(d) This award is based on evaluation to APOE:_____________________.
(End of provision)
52.247-9015 Loading Capabilities for Bulk Shipments DLAD (Aug 2007)
As prescribed in 47.305-3(92) insert the following clause:
LOADING CAPABILITIES FOR BULK SHIPMENTS DLAD (Aug 2007) – DLAD
(a) For the method(s) of shipping as specified in the schedule, the bidder shall indicate each type of conveyance into which it can load or fill bulk products:
[ ] Transport Truck
[ ] Tank Wagon
[ ] Tank Car
(b) To assure appropriate routing for F.O.B. Origin shipments from the contractor's shipping point, specify below the location of the shipping point.
STREET ADDRESS, CITY, STATE, ZIP CODE CARRIER
SHIPPING POINT (RAIL-PRIVATE SIDING)
SHIPPING POINT (TRANSPORT TRUCK, TRUCK AND TRAILER, TANK WAGON)
(End of Clause)
52.247-9016 F.O.B. Destination Contractor Transshipment
As prescribed in 47.303-6(c) insert the following clause:
F.O.B. DESTINATION CONTRACTOR TRANSSHIPMENT (APR 2008) – DLAD
When the Contractor elects to ship by common carrier from the point of Government acceptance to destination via a Contractor distribution center or similar transshipment point to permit consolidation of Contractor shipments, it is agreed that:
(a) The Contractor shall mark Government-ordered supplies appropriately at origin to permit identification throughout shipment;
(b) The Contractor retains no rights to such supplies except for the sole purpose of assuring delivery in a safe condition to the destination specified in the contract;
(c) The Government may direct diversion of such supplies, under emergency circumstances, any time prior to receipt;
(d) Retention of the signed commercial bill of lading for the supplies covered by the invoice meets the requirements of FAR clause 52.247-48, F.O.B. Destination - Evidence of Shipment.
(e) Submission of an invoice for payment shall mean supplies for which the Government is being billed have been shipped or delivered in accordance with the shipping instructions issued by the ordering officer, in the quantities shown on the invoice, and that such supplies are in the quantity and of the quality designated by the cited contract. Notwithstanding any other provision of the contract, the Contractor assumes all responsibilities and risk of loss for
supplies which are (1) not received at destination, (2) damaged in transit, or (3) not conforming to purchase requirements and shall either replace, repair, or correct such supplies promptly at his expense.
(f) All pertinent records relative to the shipment shall be retained by the Contractor for a period of 3 years after completion of the contract and shall be available for review, if needed.
(End of clause)
52.247-9017 Perishable Foodstuff Transportation
As prescribed in 47.305-3(93) insert the following clause:
PERISHABLE FOODSTUFF TRANSPORTATION (APR 2008 SUBSISTENCE) – DLAD
(a) The contractor shall reimburse the government for all detention or other charges paid to carriers when containers, trucks, trailers or other transportation vehicles are not loaded and released to the carrier within the free time authorized by the carrier.
(b) Refrigerated Seavan Shipments. The contractor shall load, brace, and block the products for shipment in refrigerated seavans. The contractor warrants that the loading pattern specified and required for each load is correct, proper, and acceptable to the ocean carrier. Therefore, the contractor will pay for the cost of restacking/rebuilding seavans if rejected by the ocean carrier. The contractor will also pay for other charges related to restacking/reloading such as detention charges for trucks.
(c) Any conflicts in direction will be brought to the attention of the contracting officer.
(End of clause)
52.247-9018 Utilization of Containers (Seavans) for Export Shipments
As prescribed in 47.507(c) insert the following clause:
UTILIZATION OF CONTAINERS (SEAVANS) FOR EXPORT SHIPMENTS (SEP 2007) – DLAD
(a) The government reserves the right, where the origin points of successful offerors permit containerized shipments, to direct any or all shipments on contracts resulting from this solicitation to be made in containers.
(b) The responsible transportation officer may direct container shipments on awards providing for delivery F.O.B. origin.
(c) Only the contracting officer is permitted to direct thru-container movement on F.O.B. destination offers or awards. When container shipment is directed, the government will bear the transportation costs. In such event, the offer/contract price of the supplies shall be reduced as follows:
(1) Shipments planned for transport by contractor-owned or leased truck(s), and so certified by the contractor, shall be reduced in contract price by an amount equal to 70% of the lowest applicable rate(s) published in common carrier tariffs as of the date of shipment.
(2) Shipments planned for transport by common or contract carrier shall be reduced in contract price by the applicable published tariff rate(s) for commercial shipments by common carrier, or by the transportation rate(s), if any, agreed upon between the contractor and his carrier and which would have been payable.
(d) The conversion of F.O.B. terms will be by contract modification. However, the government further reserves the right to award any resulting contracts on the basis of an origin container movement where available container service is established before award at the origin point of a successful offeror. The contract price for such award will be that price adjusted downward on the basis set forth in paragraph (c) above.
(e) When thru-container movement is directed, the responsible government transportation officer (after coordination with the contractor) shall order the container(s) from the carrier for stuffing by the contractor, and furnish partially prepared government bills of lading (GBLs) or partially prepared transportation control and movement documents (TCMDs), and partially prepared seavan consists, DD Form 3542, with mailing envelopes, as applicable.
(f) The contractor will be responsible for:
(1) Advising the above transportation officer of the following:
(i) Requirements for GBLs.
(ii) Number of containers required for loading and placement of containers.
(iii) Date(s) containers are required.
(iv) If containers have not arrived as scheduled.
(v) If it is desired to change the placement of the containers.
(2) Stuffing (loading) and sealing the container.
(3) For perishable supplies:
(i) Maintaining seavan refrigeration if there are delays in loading.
(ii) Assuring that the thermostat is set at appropriate temperature when loading is completed.
(4) Documentation.
Complete two copies of seavan consist, DSCP Form 3542, or equivalent automated listing which identifies the seavan and line item contents thereof, place them in waterproof envelope marked “MILSTAMP Documentation” and attach either to the interior of the loading door of the van or to one of the packages visible immediately upon opening. Instructions as to additional distribution of the consist document will be provided by the responsible government transportation officer. When partially prepared seavan consists are not furnished, place into the above-mentioned envelope two copies of a contract, delivery order, packing/loading list, or other document which identifies the contents, the transportation control number (TCN), date shipped, van number, seal number, van owner, seavan TCN, total pieces, total weight and total cube.
(5) Applying shipment address marking on a waterproof military shipping label (DD Form 1387), and attaching to the rear exterior of the seavan. (Note: No address markings are required to be applied to the supplies loaded in the container.)
(6) When partially prepared GBLs are furnished:
(i) Completing the GBL by inserting thereon the following:
(A) Seavan Number (not license number).
(B) Seal Number and whether carrier or shipper applied the seal.
(C) Total number of pieces in the seavan.
(D) total gross weight of all pieces in the seavan.
(E) Total cube of all pieces in the seavan.
(F) Date shipped.
(G) Include the statement: “Shipper’s Load and Count”.
(H) Signature of driver.
(ii) Distributing the completed GBL as follows:
(A) One signed original GBL (SF 1103) and four copies (1 blue, 1 pink and 2 white copies standard forms 1103B, 1104, 1105 and 1106) to carrier.
(B) Retain 1 yellow memorandum copy (SF 1103A).
(C) Forward 3 yellow memorandum copies (SF 1103A) to transportation officer.
(D) Attach 1 yellow memorandum copy (SF 1103A) marked “Invoice Copy” to invoice.
(7) When partially prepared TCMDs are furnished:
(i) Completing the TCMD by inserting thereon the following:
(A) Block 2 - Container Number.
(B) Block 15 - Date Shipped.
(C) Block 22 - Number of Pieces.
(D) Block 23 - Gross Weight.
(E) Block 24 - Total Cube.
(ii) Distributing as follows:
(A) Attach signed original (marked “Invoice Copy”) to invoice.
(B) Three copies to carrier.
(C) One copy to the transportation officer.
(D) One copy to be retained by contractor.
(8) Submitting a report of shipment (REPSHIP) by telephone to the transportation officer immediately after the seavan has been loaded, furnishing the following information:
(i) GBL Number(s).
(ii) Van Number(s).
(iii) Seal Number(s).
(iv) Commodity.
(v) Total Number of Pieces.
(vi) Total Weight.
(vii) Total Cube.
(viii) Date Shipped.
(9) Any detention charge for each container not released to the carrier within the free time authorized by the carrier.
(10) Complying with any additional instruction peculiar to a particular commodity, when provided by the transportation officer.
(End of Clause)
52.247-9019 Shipments Direct to Port Terminals for Export
As prescribed in 47.303-10(90) insert the following clause:
SHIPMENTS DIRECT TO PORT TERMINALS FOR EXPORT (SEP 2007) – DLAD
(a) Contractor agrees to ship within the shipping period in the export release (when such release is required) for semiperishable subsistence, or in the contract/order for perishable subsistence. The contractor shall be responsible for any additional charges that may accrue at the port terminal due to nonacceptance because of untimely delivery.
(b) Transportation Control Number (TCN).
The principal means of export shipment identification is the 17 digit alphanumeric code known as the TCN, e.g., AK4WC 15090 7800 XAX.
(1) Configuration of the first 15 digits shall be set forth in the contract. When a determination is made to use seavan containers for semiperishable acquisitions, the responsible transportation officer shall furnish an additional TCN for use solely in the marking and control of the seavan.
(2) The last 2 digits shall be inserted by the contractor. The 16th digit shall be used to identify the partial and/or complete shipment. The 17th digit shall always be “X”.
(i) If only one load constitutes a complete shipment, the 16th digit will be “X”.
(ii) If there are 25 carloads/truckloads or less with the same TCN, the 16th digit shall reflect each partial shipment utilizing the letter “A” for the first load, “B” for the second, etc., except that the letter “X” shall not be used and the letter “Z” shall always be used to identify the final shipment.
(iii) When there are more than 25 carloads/truckloads, an additional TCN shall be provided by the responsible transportation officer to identify separately the 25th and each subsequent partial, including the last partial. The final shipment shall be indicated by using “Z” as the 16th digit in the TCN provided.
(c) Notice of Shipment.
On the day shipment is made, contractor shall send a notice to the contracting officer who awarded the contract and to the DCMA administrative contracting officer when the contract has been assigned to DCMA for administration. The telegram shall indicate the contract number, purchase request number, quantity shipped, method of shipment, name of carrier and bill(s) of lading number(s).
(d) Advance Notice of Proposed Shipment.
The contractor shall provide the following information to the responsible transportation officer when the number of pieces, weight or cube for proposed shipments is other than set forth in the contract:
(1) TCN (including all TCNs in a consolidated shipment). |
Such information must be furnished 10 days in advance of shipment if shipping point is outside the port terminal area or 3 days in advance for shipments originating in the port terminal area.
(e) Documentation to Accompany all Seavan Shipments.
Four copies of a document showing the contents of the van, and including the words “date stuffed” with such date, will be placed in a waterproof envelope marked “milstamp documentation” and attached either to the interior of the loading door of the van or to one of the packages visible immediately upon opening. (This document may be any one of the following: contract, delivery order, packing/loading list, DD Form 250, transportation control and movement document (TCMD), bill of lading or other document which identifies the contents.)
(End of Clause)
52.247-9020 Advance Notice of Late, Short or Non-Shipment of Supplies
As prescribed in 47.207-5(90) insert the following clause:
ADVANCE NOTICE OF LATE, SHORT OR NON-SHIPMENT OF SUPPLIES (SEP 2007) – DLAD
Deliveries shall be made at the time and place specified in individual calls/purchases against this blanket purchase agreement. Suppliers shall notify the cognizant contracting officer, contracting officer’s representative, or destination customer, as appropriate, at least 24 hours prior to the scheduled time for delivery, if the scheduled delivery will be more than one hour late, will be less than the quantities purchased and/or when the scheduled delivery will not be made.
(End of Clause)
52.247-9021 F.O.B. Origin Contracts for Supplies Originating Outside the United States
As prescribed in 47.305-6(i) insert the following provision:
F.O.B. ORIGIN CONTRACTS FOR SUPPLIES ORIGINATING OUTSIDE THE UNITED STATES (APR 2008) – DLAD
If the offeror offers supplies originating outside the United States which require transportation by ocean vessel, the following provisions apply:
(a) Inspection and acceptance will be at point of origin. The offeror will designate one or more ports of loading which have regular sailings of U.S. flag vessels which will meet the required delivery dates at the final destinations. Supplies shall be delivered to the port of loading at the expense of the contractor. The Government will not be liable for any transportation, delivery, storage, demurrage, accessorial, or other charges involved
prior to actual delivery of the supplies to the port of loading. The Contractor will assume all responsibility and risk of loss for supplies (1) not received at the point to which the contractor has prepaid the transportation costs or (2) damaged in transit to such point and will replace repair or correct such supplies promptly at contractor expense, including any additional transportation charges, provided notice of loss or damage is furnished by the Contracting Officer within 90 days from the date of acceptance.
(b) In addition to the f.o.b. origin price of the supplies, the price(s) will include inland transportation costs from the point of origin to the port or ports of loading designated by the offeror, for delivery to and placement on the carrier's wharf (free along shipside within reach of ships loading tackle). Offers offering supplies of foreign origin will be evaluated on the basis of the laid-down cost to the Government at the destination(s) shown in the schedule, via a port of loading designated by the offeror which is compatible with required delivery dates and other military considerations without limitation. Failure to designate a port of loading having regular sailings of U.S. flag vessels which will meet the required delivery dates at the final destination may render the offer unacceptable and subject to rejection.
(c) When delivery to the port of loading is made by common carrier, the contractor will state on its invoice the name of the carrier and bill of lading number of the shipment and will furnish therewith a receipted freight bill or, if the contractor does not have a receipted freight bill, a copy of the unreceipted freight bill and a copy of the carrier's invoice to him. When shipment is made by other than common carrier, the contractor will attach to its invoice a receipted copy of the delivery document showing receipt at the port of loading.
(d) Where the schedule provides for the designation of the offeror's shipping point, offeror shall indicate the port of loading used in submission of his offer.
(End of Provision)
52.247-9022 Evaluation of Transportation Costs – Order Quantity
As prescribed in 47.306-1(d)(90) insert the following provision:
EVALUATION OF TRANSPORTATION COSTS – ORDER QUANTITY (SEP 2007) – DLAD
Evaluation of the Government's transportation costs will be based upon the minimum order quantity with weight factors computed from estimated or guaranteed shipping data as provided.
(End of Provision)
52.247-9023 Evaluation of Transportation Costs – Bulk Shipments
As prescribed in 47.306-1(d)(91) insert the following provision:
EVALUATION OF TRANSPORTATION COSTS – BULK SHIPMENT (SEP 2007) – DLAD
F.O.B. origin offers will be evaluated on an estimated weight of 9.2 pounds per gallon. For evaluation purposes only, transportation costs will be based on one tank car not exceeding 10,000 gallons or the maximum gallon capacity of one tank car or tank truck (where authorized) whichever produces the lowest cost.
(End of Provision)
52.247-9024 F.O.B. Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees Within CONUS or Canada
As prescribed in 47.304-4(90) insert the following clause:
F.O.B. ORIGIN BY NON-CONUS OR NON-CANADIAN OFFERORS FOR DELIVERY TO CONSIGNEES WITHIN CONUS OR CANADA (NOV 2007) – DLAD
(a) Continental United States (CONUS) is defined as being the 48 contiguous states and the District of Columbia.
(b) This provision applies only to those CLIN(S) inviting offers on an F.O.B. origin basis which will be shipped from outside CONUS or Canada to consignees within CONUS or Canada.
(c) Offers, based on furnishing supplies that are to be manufactured and shipped from locations outside CONUS or Canada to consignees within CONUS or Canada, must be submitted based on delivery to an F.O.B. CONUS carrier at one or more of the port cities listed below and comply with the requirements of FAR 52.247-29 F.O.B. Origin and FAR 52.246-2 Inspection of Supplies - Fixed Price. Supplies will be subject to inspection at the delivery point by the Government QAR to determine whether any loss or damage occurred during transit from the overseas shipping point to the delivery point for which risk of loss is on the contractor per FAR 52.246-16 - Responsibility for Supplies.
New York, New York Seattle, Washington
Baltimore, Maryland Oakland, California
Norfolk, Virginia Los Angeles, California
New Orleans, Louisiana
(d) Offers will be evaluated by adding transportation costs from the delivery point, designated by the offeror, to the CONUS consignee specified in the solicitation.
(e) Offerors must specify below, as the delivery point, one or more of the port cities listed in paragraph (c) above. If the offeror fails to specify one or more of such cities or the offeror specifies a port city that cannot be used for evaluation, the offeror agrees to deliver the supplies to the above listed port city which is closest to the CONUS destination for each CLIN and the offer will be evaluated accordingly. If the offeror specifies a CONUS port city other than those listed in paragraph (c) above, if possible, that port will be used for the purpose of evaluating the offer and the supplies will be delivered accordingly:
CLIN DELIVERY PORT
(End of Clause)
52.247-9025 F.O.B. Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees Outside CONUS or Canada
As prescribed in 47.304-4(91) insert the following clause:
F.O.B. ORIGIN BY NON-CONUS OR NON-CANADIAN OFFERORS FOR DELIVERY TO CONSIGNEES OUTSIDE CONUS OR CANADA (NOV 2007) – DLAD
(a) Continental United States (CONUS) is defined as being the contiguous 48 states and District of Columbia.
(b) This provision applies only to those CLIN(S) inviting offers on an F.O.B. origin or F.O.B. port of loading basis for supplies to be delivered to consignees outside CONUS or Canada. The overseas destination(s) for the supplies to be furnished under this solicitation are as follows:
CLIN OVERSEAS DESTINATION
(c) If delivery to the consignee can be affected by land transportation, offers must be based on delivery F.O.B carrier at the place where inspection and acceptance is to be performed, notwithstanding. Offerors must specify the F.O.B. point below:
CLIN F.O.B. POINT
(d) If delivery to the consignee requires ocean or water transportation, offers must be submitted based on delivery F.O.B. Port of Loading of the country of origin. Offerors must designate the Port of Loading below:
CLIN PORT OF LOADING
(e) Offers will be evaluated on the basis of the cost of delivery to the consignee via methods compatible with the required delivery dates and conditions affecting transportation known at the time of evaluation. If ocean or water transportation is involved, port handling charges at the port of loading, shipping costs to the port of discharge, port handling charges at the port of discharge, and inland transportation costs to the consignee will be included in the evaluation.
NOTE: Failure of offerors to designate a delivery point in either paragraphs (c) or (d) above may render such offers non-responsive.
(End of Clause)
52.247-9026 Evaluation of Offers Invited for both F.O.B. Origin and F.O.B. Destination
As prescribed in 47.305-2(b)(90), insert the following provision:
EVALUATION OF OFFERS INVITED FOR BOTH F.O.B. ORIGIN AND F.O.B. DESTINATION (JAN 2008) – DLAD
(a) F.O.B. ORIGIN AND/OR DESTINATION
Offers are invited on the basis of both F.O.B. ORIGIN and F.O.B. DESTINATION, and the Government will award on such basis as the Contracting Officer determines to be most advantageous to the Government. An offer on the basis of F.O.B. ORIGIN only or F.O.B. DESTINATION only is acceptable, but will be evaluated on the basis submitted.
(b) F.O.B. ORIGIN offers are sometimes herein designated as Bid A. F.O.B. DESTINATION offers are sometimes herein designated as Bid B.
(c) The low F.O.B. ORIGIN (Bid A) offer, by item, will be determined as follows:
(1) Multiply the unit price offered by the total estimated or stated quantity shown in the schedule.
(2) Add to the amount obtained in paragraph (c)(1)above, the freight, calculated on the basis of the estimated quantity and tentative destination specified in the schedule, but using a freight rate applicable to _______% of the total estimated quantity set forth in the schedule. For this purpose:
(i) For evaluating offers, the following tentative destinations shall apply:
Item Number |
Tentative Destinations |
(Will be indicated in the solicitation)
(ii) [ ] If checked, offers will be evaluated based on the following estimated shipping weight:
Item Number |
Weight Per Unit |
(Will be indicated in the solicitation)
(3) Additional evaluation factors, if any, required to be considered by this solicitation will be added to the amount obtained in subparagraph (c)(2) above.
(d) The low F.O.B. DESTINATION (Bid B) offer will be determined by multiplying the unit price bid by total estimated quantity.
(e) Award shall be made either on an F.O.B. ORIGIN or F.O.B. DESTINATION basis with the low offeror determined in accordance with the above formulas and subparagraph (a). Notwithstanding the method of evaluation provided for herein, the price specified in each delivery order shall correspond to the price offered.
The following paragraph (f) applies only if preceded by an “X” in the block provided in the solicitation:
[ ] (f) Except as may be otherwise provided in the set-aside notice, award under the set-aside shall be at the same unit prices by item awarded to the successful Offeror on the non-set-aside portion, adjusted to reflect transportation, rent free use of Government property and other cost factors which were considered in evaluating offers on the non-set- aside portion. The set-aside award prices shall be subject to the same discount terms as the non-set-aside award prices.
(End of Provision)
Alternate I (APR 2008). As prescribed in 47.305-2(b)(90), for use when soliciting separate prices for different quantity levels or increments. Replace paragraphs (c)(d)(e)(f) of the basic and add (g) and (h):
Replace paragraphs (c)(d)(e)(f) with (c)(d)(e)(f) below & add (g) and (h):
(c) Offers will be evaluated and awards made on all-or-none basis by item. An Offeror must submit a price for all quantity increments specified in the schedule for each item on which he wishes to submit an offer. If the Offeror desires to offer the same unit price for all quantity increments of an item he may state that the same unit price applies to all quantity increments of that item instead of repeating the same unit price in all columns. If the Offeror does not desire to offer the same unit price for all quantity increments of an item, he must insert a unit price for each quantity increment for that item.
(d) Prices offered must be unit prices. Each unit price offered must represent the full and complete price for the described unit of supply, inclusive of preservation, packaging, packing, set up and such other processing as may be required by this solicitation. FAILURE TO OFFER UNIT PRICES ON ALL QUANTITY INCREMENTS OF AN ITEM IN ACCORDANCE WITH THE REQUIREMENTS STATED ABOVE, MAY RESULT IN THE REJECTION OF THE OFFER FOR THAT ITEM.
(e) The low F.O.B. ORIGIN (Bid A) offer for each item will be determined by the weighted average unit price calculated in accordance with the following formula:
(1) With respect to each quantity increment:
(i) Add to the unit price the freight cost per unit. For this purpose the following shall apply:
(A) The freight rate used shall be based on the median of the quantity range specified for the increment (and on the tentative destination specified for the item). Where an increment is expressed in terms which cannot be related to a quantity range with a fixed maximum quantity, then the quantity to be used shall be the lowest quantity specified. For example, if an increment were expressed in terms of "over 25,000" the quantity to be used would be 25,000.
(B) The term "Freight" shall include all evaluation factors relative to transportation.
(C) For evaluating offers, the following tentative destinations shall apply:
Item Number |
Tentative Destinations |
(Will be indicated in the solicitation)
(D) [ ] If checked, offers will be evaluated based on the following estimated shipping weight:
Item Number |
Weight Per Unit |
(Will be indicated in the solicitation)
(ii) The quantity increments set forth in the schedule are designated increments __________ and __________ and are assigned weighted values of _________ and __________ respectively. With respect to each quantity increment, multiply the price as adjusted in subparagraph (c)(1)(i) above by the assigned weighted values.
(2) Add the results obtained in subparagraph (e)(1)(ii) above for all of the quantity increments in the item and divide the total by ___________ (the total of the weighted values assigned).
(3) Additional evaluation factors , if any, required to be considered by this solicitation (reduced, however, where appropriate, to a per unit amount based on the estimated quantity) will be added to the amount obtained in subparagraph (e)(2) above.
(f) The low F.O.B. DESTINATION (BID B) offer for each item will be determined by the weighted average unit price calculated in accordance with the following formula:
(1) With respect to each quantity increment, multiply the unit offered therefore by the weighted value (i.e., number assigned thereto as shown in subparagraph (e)(1)(ii) above).
(2) Add the results obtained in subparagraph (f)(1) above for all quantity increments in the item and divide the total by ___________ (the total of the weighted values assigned).
(3) Additional evaluation factors, if any, required to be considered by this solicitation (reduced, however, where appropriate, to a per unit amount based on the estimated quantity) will be added to the amount obtained in subparagraph (f)(2) above.
(g) Award shall be made in accordance with the requirements of applicable law/regulations and at the increment prices offered, with the low Offeror determined in accordance with the above formulas and subparagraph (a). The awarded unit price to be paid under a delivery order shall correspond to the unit price offered for that quantity increment of the item regardless of the number of destinations or stock numbers called for in the order.
(h) An offer which conditions the Government's right to award one item upon the concurrent award of one or more other items shall not qualify for award unless each of the items subject to such an all-or-none condition is low when individually evaluated.
(End of Provision)
52.247-9027 Evaluation of Offers for Quantity Increments (F.O.B. ORIGIN)
As prescribed in 47.305-3(93) insert the following provision:
EVALUATION OF OFFERS FOR QUANTITY INCREMENTS (F.O.B. ORIGIN) (APR 2008) – DLAD
(a) Offers will be evaluated and awards made on an all-or-none basis by item and each Offeror may submit an offer for one or more items. However, an Offeror must submit a price for all quantity increments specified in the schedule for each item on which he wishes to submit an offer. If the Offeror desires to offer the same unit price for all quantity increments of an item, the Offeror may state that the same unit price applies to all quantity increments of that item instead of repeating the same unit price in all columns. If the Offeror does not desire to offer the same unit price for all quantity increments of an item, the Offeror must insert a unit price for each quantity increment for that item.
(b) Prices offered must be unit prices. Each unit price offered must represent the full and complete price for the described unit of supply, inclusive of preservation, packaging, packing, set up and such other processing as may be required by this solicitation. FAILURE TO OFFER UNIT PRICES ON ALL QUANTITY INCREMENTS OF AN ITEM IN ACCORDANCE WITH THE REQUIREMENTS STATED ABOVE WILL RESULT IN THE REJECTION OF THE OFFER FOR THAT ITEM.
(c) The low offer for each item will be determined by the weighted average unit price calculated in accordance with the following formula:
(1) With respect to each quantity increment:
(i) Add to the unit price the freight cost per unit. For this purpose, the following shall apply:
(A) The freight rate used shall be based on the median of the quantity range specified for the increment (and upon the tentative destination specified for the item). Where an increment is expressed in terms which cannot be related to a quantity range with a fixed maximum quantity, then the quantity to be used shall be the lowest quantity specified. For example, if an increment were expressed in terms of "over 25,000" the quantity to be used would be 25,000.
(B) The term "Freight" shall include all evaluation factors relative to transportation.
(C) For evaluating offers and for no other purpose, the final destinations for the supplies will be the tentative destinations set forth in the schedule.
(D) [ ] If checked, offers will be evaluated based on the following estimated shipping weight and cube;
Item No. |
Weight Per Unit |
Cube Per Unit |
(Will be indicated in the solicitation)
(ii) Multiply the unit price as adjusted in subparagraph (c)(1)(i) above by the weighted value (i.e., number) assigned below to the quantity increment:
Item No. |
Quantity Increment |
Weighted Value Assigned |
(2) Add the results obtained in subparagraph (c)(1)(ii) above for all of the quantity increments in the item and divide the total by ___________ (the total of the weighted values assigned).
(3) Additional evaluation factors, if any, required to be considered by this solicitation (reduced, however, where appropriate, to a per unit amount based on the estimated quantity) will be added to the amount obtained in subparagraph (c)(2) above.
(d) Award shall be made in accordance with the requirements of applicable law and regulations and at the increment prices offered, with the low Offeror determined in accordance with the above formula. The awarded unit price to be paid under a delivery order shall correspond to the unit price offered for that quantity increment of the item regardless of the number of destinations or stock numbers called for in the order.
(e) An offer which conditions the Government's right to award one item on the concurrent award of one or more other items shall not qualify for award unless each of the items subject to such an all-or-none condition is low when individually evaluated in accordance with paragraph (b) above.
The following paragraph (f) applies only if preceded by an “X” in the block provided in the solicitation:
[ ] (f) Except as may be otherwise provided in the set-aside notice, award under the set-aside shall be in the same increment prices per item awarded to the successful Offeror on the non-set-aside portion, adjusted, however, to reflect transportation, rent free use of Government property and other cost factors which were considered in evaluating offers on the non-set-aside portion. The set-aside award prices shall be subject to the same discount terms as the non-set- aside award prices.
(End of Provision)
52.247-9028 Premium Transportation
As prescribed in 47.305-14(90) insert the following clause:
PREMIUM TRANSPORTATION (APR 2008) – DLAD
If directed to ship by Air Freight/Air Express/Express (surface), Registered Parcel Post or Priority Mail and if the price includes charges for normal surface transportation the difference in cost of premium transportation used in lieu of surface transportation and/or cost of registration shall be shown as a separate item on the invoice. The Contractor agrees to retain related freight bills, or other Transportation billings paid separately, for a period of three years and to furnish such bills to the Government when requested for audit purposes.
(End of Clause)
52.247-9029 Shipping Instructions
As prescribed in 47.305-10(90) insert the following clause:
SHIPPING INTSTRUCTIONS (APR 2008) – DLAD
Shipping instructions shall be provided with individual delivery orders. Destinations include various Department of Defense using activities and may include DLA depot locations.
(End of Clause)
52.247-9030 Commercial Shipping Documents
As prescribed in 47.305-10(91) insert the following clause:
COMMERCIAL SHIPPING DOCUMENTS (APR 2008) – DLAD
(a) Commercial shipping documents are authorized. Packing lists, invoices, and bills of lading must contain the complete shipping address and markings exactly as specified in the Schedule including the TCN (Transportation Control Number), NSN, CLIN, Quantity and Unit of Issue, contract/order number, and Shipment Number with a request for the carrier to perpetuate the complete information when delivery is to a port. One copy of the shipping document AND one copy of the order (DD Form 1155) shall accompany or be included in each shipment.
(b) In addition, for all DIRECT SHIPMENTS to overseas and domestic consignees, including shipments to Consolidation and Containerization Points, the documentation with complete MARK FOR INFORMATION is to be placed in a water-resistant envelope securely attached to the outside of the shipping container/exterior pack. (This paragraph is not applicable to shipments to a Government Packing Facility).
(End of Clause)
52.247-9031 Manufacturer’s Loading Practices
As prescribed in 47.305-15(90) insert the following clause:
MANUFACTURER’S LOADING PRACTICES (APR 2008) – DLAD
To the extent possible shipments will comprise one lot, batch or NSN. If more than one lot, batch or NSN is included in one shipment, they will be loaded or offered to the carrier for loading in a sorted and segregated manner.
(End of Clause)
52.247-9032 Delivery Conditions for Transport Trucks, Trucks and Trailers or Tank Wagons
As prescribed in 47.305-4(90) insert the following clause:
DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, AND TRUCKS AND TRAILERS, OR TANK WAGONS (BULK PETROLEUM PRODUCTS)(JUL 2008) – DLAD
(a) Delivery shall be made f.o.b. destination by means of transport truck, truck and trailer, or tank wagon.
(b) Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination and by means of the transportation equipment specified in the Schedule or, if no specific destination is indicated in the Schedule, to the destination specified in the order. Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the order.
(c) The Contractor shall not be required to deliver a quantity of less than 5000 gallons but, at the Government's option, may be required to deliver into more than one storage tank.
(d) Where delivery is made by tank wagon, such wagon shall be equipped with a minimum of 100 feet of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.
(e) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor's delivery personnel who have not exercised reasonable care and delivery equipment which is poorly maintained may be refused entrance to the installation by the installation Commander.
(f) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time. Unless otherwise provided in the Schedule, free time shall be in accordance with Clause 52.211-9G58 (Section F).
(g) Title to supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into Government storage or receiving equipment.
(End of Clause)
52.247-9033 Transport Truck And/Or Truck and Trailer Free Time and Detention Rates
As prescribed in 47.305-15(90) insert the following clause:
TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (BULK PETROLEUM PRODUCTS) (JUL 2008) – DLAD
(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence at the time the discharge hose is connected to fill pipe at the delivery point specified and will end when discharge is completed. For items involving multiple drops, time between drops will not be included in free time. Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required. Rate for detention shall be comparable to regulated tariffs governing the local area of receiving activity. The offeror shall indicate “free time” and “detention rate” below:
(1) Free time for unloading transport truck or truck and trailer: (Vendor Fill-in)
(2) Rate for detention beyond the free time: (Vendor Fill-in).
(b) The above will not be considered in the evaluation of offers for award, except that free time of less than one hour or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive. UNLESS OFFEROR INDICATES OTHERWISE, FREE TIME WILL BE CONSIDERED UNLIMITED.
(c) DETENTION COSTS. Detention costs do not apply to tank wagon deliveries. Detention costs will be the sole responsibility of the activity incurring them. Any invoices for detention costs will be forwarded directly to the activity receiving the product.
(End of Clause)
52.247-9034 Point of Contact for Transportation Instructions
As prescribed in 47.305-13(90) insert the following clause:
POINT OF CONTACT FOR TRANSPORTATION INSTRUCTIONS (JUL 2008) – DLAD
(a) DCMA Administered Orders: Contact the Transportation Officer at the administering DCMA location.
(b) DLA Administered orders: Contact the DLA Transportation office for shipping instructions by facsimile to 717-770-2701 or via email to delivery@dla.mil. A return fax number must be included with your faxed request. The DDC’s hours of operation are Monday through Friday, 7:00 a.m. to 11:00 p.m. and Saturday from 8:00 a.m. to 4:30 p.m. excluding holidays. For urgent requirements and questions, you may call the DDC at 1-800-456-5507. DLA's Distribution Planning and Management System (DPMS) may be used to obtain transportation instructions in lieu of contacting the transportation office.
(End of Clause)
52.249-9000 Administrative costs of reprocurement after default.
As prescribed in 49.402-6(90), insert the following clause:
ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER DEFAULT (MAY 1988) - DLAD
If this contract is terminated in whole or in part for default pursuant to the clause included herein entitled "Default," and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, as provided in paragraph (b) of the "Default" clause of the contract, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of [insert administrative cost figure] as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for default following which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.
(End of clause)