# DLAD PART 52 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES

- SUBPART 52.1 – INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

- 52.101 Using Part 52.
- 52.102 Incorporating provisions and clauses.

- SUBPART 52.2 – TEXTS OF PROVISIONS AND CLAUSES

- 52.200 Scope of subpart.

- 52.201-9001 Ordering Officers under the Contract.
- 52.204-9000 Contractor Personnel Security Requirements.
- 52.204-9001 Electronic Order Transmission.
- 52.204-9002 Solicitation Provisions and Contract Clauses Statement.
- 52.204-9003 [Reserved.]
- 52.204-9004 Administrative Deselect.
- 52.204-9005 Distribution of Contract to Agent.
- 52.205-9000 Federal Business Opportunities (FedBizOpps.gov).
- 52.206-9000 Domestic or Canadian Source Performance Restriction (DLA Energy).
- 52.208-9000 Price Adjustment on Federal Prison Industries, Incorporated (FPI) Contracts/Orders.
- 52.208-9001 Acquisition of Federal Prison Industries, Incorporated (FPI) items.
- 52.208-9002 Defense Logistics Agency Mandatory Source Requirements.
- 52.208-9003 Precious Metals Not Furnished.
- 52.208-9007 Precious Metals (Government-Furnished Property).
- 52.208-9008 Evaluation of Offers for Items Containing Precious Metals.
- 52.209-9000 Qualified Products List (QPL) Connector Assemblies and QPL Electrical Contacts.
- 52.209-9001 Source Approval – Aircraft Launch and Recovery Equipment (ALRE).
- 52.209-9003 Pre-Award Sample(s).
- 52.209-9004 Sources for Clothing/Textile Components - National Industries for the Blind (NIB) and National Industries for the Severely Handicapped (NISH).
- 52.209-9005 Identification of Sources for All Components for Clothing/Textile Items.
- 52.209-9012 Qualified Suppliers List for Manufacturers/Qualified Suppliers List for Distributors.
- 52.209-9013 Component Qualified Products List/Qualified Manufacturers List (QPL/QML) Items.
- 52.209-9014 Vehicle Registration and Operations.
- 52.209-9015 Waiver - First Article Test – Simplified Acquisitions.
- 52.209-9016 Evaluation of Offers – First Article Testing.
- 52.209-9017 First article – Contractor Testing – Additional Requirements.
- 52.209-9018 First Article - Government Test – Additional Requirements.
- 52.209-9019 Requests for Waiver of First Article Testing Requirements.
- 52.209-9020 First Article Testing Requirement – Waiver Approved.
- 52.209-9021 Drawing Approval Prior To Production.
- 52.209-9022 Compatibility Testing Requirements.
- 52.209-9023 Compatibility Testing Approval – Government Testing.
- 52.209-9024 Government Fit Verification Testing.
- 52.209-9025 Government Fit Verification Testing Approval.
- 52.209-9026 [Reserved.]
- 52.209-9028 Qualified Suppliers List of Distributors (QSLD) – Federal Supply Classes (FSC) 5961 and 5962.
- 52.209-9029 Notice of First Article Requirement and Conditions for Waiver (Logistics Command (LOGCOM) Depot Level Repairable (DLR), DLA Land and Maritime).
- 52.209-9030 First Article Evaluation Factors (Logistics Command (LOGCOM) Depot Level Repairable (DLR), DLA Land and Maritime).
- 52.209-9031 Definitive Responsibility Criteria (DLA Energy).
- 52.209-9032 Responsibility Criteria for Support to Overseas Contingency Contracts.
- 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.
- 52.211-9008 [Reserved.]
- 52.211-9009 Non-Acceptability of Government Surplus Material.
- 52.211-9010 Shipping Label Requirements – Military Standard (MIL-STD) 129P.
- 52.211-9011 Business Systems Modernization (BSM) Delivery Terms And 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.
- 52.211-9019 Reduced Delivery Schedule Applies when First Article Testing Requirements are Waived.
- 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.
- 52.211-9025 Compliance with National Sanitation Foundation (NSF) Requirements.
- 52.211-9026 Delays in Shipment of Products Requiring United States Department of Agriculture (USDA) Laboratory Analysis.
- 52.211-9030 Annotation of Shipping 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 – Direct Vendor 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 Damages.
- 52.211-9041 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 Food and Drug Administration (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.
- 52.211-9054 Time of Delivery – Contracts.
- 52.211-9057 Ordering/Time of Performance (Indefinite Delivery/Time and Material/Labor Hour Contract).
- 52.211-9059 Time of Delivery – Alternate Delivery Schedules.
- 52.211-9060 Time of Delivery.
- 52.211-9061 Time of Delivery (Overlapping Orders (IDC).
- 52.211-9062 Delivery Requirements.
- 52.211-9063 Unit Package Marking Requirement for Component Lead Finish.
- 52.211-9064 Drawing Limitations - Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) – DLA Land and Maritime.
- 52.211-9065 Special Notice of Contractor Responsibilities for Components and Tooling (Army Aviation and Missile Command (AMCOM) depot level repairable (DLR) – DLA Aviation).
- 52.211-9066 Required Delivery for Orders (Army Aviation and Missile Command (AMCOM) Depot Level Repairable (DLR) – DLA Aviation).
- 52.211-9067 Deliveries or Performance – Time of Delivery (Naval Inventory Control Point (NAVICP) Depot Level Repairable (DLR) – DLA Aviation).
- 52.211-9068 Continuance of Performance During Any State of Emergency (Republic of Korea) (DLA Energy).
- 52.211-9069 Time of Delivery – Ordering Office.
- 52.211-9070 Relief from Diminishing Manufacturing Sources or Material Shortages Components (F-16 Program) (AF Program) AF- Hill Depot Level Repairable (DLR) – DLA Aviation.
- 52.211-9071 Required Source Approval - Logistics Command (LOGCOM) Depot Level Repairable (DLR) –DLA Land and Maritime.
- 52.211-9072 General Receiving and Storing Conditions (DLA Energy).
- 52.211-9073 Determination of Quantity - DLA Energy.
- 52.211-9084 Packaging, Packing, Marking and Labeling of Hazardous Material Shipments (DLA Maritime-Norfolk).
- 52.211-9085 Prohibited Packing Materials (DLA Maritime-Norfolk and Puget Sound).
- 52.211-9086 Deteriorative Material Marking (DLA Maritime-Norfolk and Puget Sound).
- 52.211-9087 Level I Material Marking (DLA Maritime-Norfolk)).
- 52.211-9088 Level I Pressure Boundary Markings (DLA Maritime-Norfolk).
- 52.211-9089 Level I Fastener identification (DLA Maritime-Norfolk).
- 52.212-9000 Changes – Military Readiness.
- 52.212-9001 Application of Fast Payment to Part 12 Acquisitions.
- 52.212-9004 Reference to Uniform Contract Format (UCF) in Commercial Acquisitions.
- 52.213-9000 Quantity break.
- 52.213-9001 Evaluation Factor for Source Inspection.
- 52.213-9002 [Reserved.]
- 52.213-9004 Offeror Representations, Certifications, and Fill-In Information--Electronic Commerce.
- 52.213-9005 [Reserved.]
- 52.213-9006 [Reserved.]
- 52.213-9007 Defense Logistics Agency (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.
- 52.213-9010 Indefinite delivery purchase order (IDPO) evaluation.
- 52.213-9011 Indefinite Delivery Purchase Order (IDPO) Agreement.
- 52.213-9012 Indefinite Delivery Purchase Order (IDPO) Contract.
- 52.214-9001 Schedule--Firm Fixed Price and Fixed Price with Economic Price Adjustment.
- 52.214-9002 Trade Discounts.
- 52.214-9003 Right to Apply Free on Board (F.o.b.) Origin Offer.
- 52.214-9004 Subcontracting to Other Industrial Preparedness Planned Producers.
- 52.214-9005 Descriptive Literature.
- 52.214-9006 Conditional or Qualified Offers.
- 52.214-9007 Place of Production of An Industrial Preparedness Program (IPP) Planned Item.
- 52.214-9008 Rounding Off of Offer and Award Prices.
- 52.214-9008 Alternate I Rounding Off of Offer and Award Prices.
- 52.215-9001 Evaluation Factor for Preaward Survey.
- 52.215-9002 Socioeconomic Proposal.
- 52.215-9003 [Reserved.]
- 52.215-9004 AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) Entity Proposal.
- 52.215-9005 AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) Entity Support Evaluation.
- 52.215-9006 AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) 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 (Invitation For Bid (IFB)/Request For Proposal (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 - DLA Troop Support – Clothing and Textiles.
- 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.
- 52.215-9019 Operational Capability Demonstration.
- 52.215-9020 Instructions for Submitting Product Demonstration Models (PDM) for Supply Chains at DLA Troop Support.
- 52.215-9021 Department of Defense (DOD) Electronic Mall (EMALL) Purchasing Reviews.
- 52.215-9022 Contractor Past Performance Evaluation – Automated Systems.
- 52.215-9023 Reverse Auction.
- 52.215-9024 State Minimum Price Regulations.
- 52.215-9033 Competing Individual Delivery Orders Through On-Line Reverse.
- 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 and 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 Limitations.
- 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 Unitized Group Rations (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 United States (CONUS).
- 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.
- 52.216-9027 Evaluation of Quantity Sensitive and Indefinite Delivery Contracts.
- 52.216-9028 Economic Price Adjustment (EPA) – Labor and Material.
- 52.216-9029 Economic Price Adjustment (EPA) Lead, Battery Consignment Program.
- 52.216-9030 Economic Price Adjustment - Department of Labor Price Index.
- 52.216-9032 Economic Price Adjustment (EPA) - Established Market Price – Milk
- 52.216-9032 Economic price adjustment (EPA) - Established Market Price –Alternate I.
- 52.216-9032 Economic price adjustment (EPA) - Established Market Price – Milk Alternate II.
- 52.216-9032 Economic price adjustment (EPA) - Established Market Price – Milk Alternate III.
- 52.216-9033 Economic Price Adjustment (EPA) - Established Prices.
- 52.216-9034 Economic Price Adjustment – Published Market Price – Silver.
- 52.216-9035 Economic Price Adjustment – Published Market Price – Lead.
- 52.216-9036 Evaluation of Offers – Economic Price Adjustment.
- 52.216-9037 Evaluation of Bids – Economic Price Adjustment.
- 52.216-9038 Price Redetermination – Prospective (DEVIATION).
- 52.216-9039 Economic Price Adjustment – Standard Supplies - DEVIATION.
- 52.216-9040 Economic Price Adjustment – Established Catalog Price Two Upward Adjustments Per Year Open Season E-CAT Solicitation.
- 52.216-9041 Economic Price Adjustment – Federal Supply Schedule Prices – Open Season E-CAT Solicitation.
- 52.216-9042 Economic Price Adjustment (EPA) – Department of Labor Bureau of Labor Statistics – Consumer Price Index.
- 52.216-9043 Economic Price Adjustment – Federal Supply Schedule Prices.
- 52.216-9044 Economic Price Adjustment – Established Catalog Price Multiple Adjustments Authorized Per Clause Terms.
- 52.216-9045 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT.
- 52.216-9046 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT.
- 52.216-9047 Economic Price Adjustment – Established Catalog Price – One Upward Adjustment Per Option Year E-CAT Solicitation.
- 52.216-9048 Economic Price Adjustment – Established Catalog Price – Multiple Adjustments Authorized Per Clause Terms – E-CAT Solicitation.
- 52.216-9049 Economic Price Adjustment (EPA) of the Annual Management Fee(s) and Annual Management Cost(s) for the Option Years.
- 52.216-9050 Economic Price Adjustment (EPA) of the Annual Inventory Holding Fee and Annual Inventory Holding Cost for the Option Years.
- 52.216-9051 Economic Price Adjustment – Federal Ceiling Prices – One Adjustment Per Year.
- 52.216-9052 Economic Price Adjustment – Federal Ceiling Prices – One Adjustment Per Year.
- 52.216-9053 Economic Price Adjustment (EPA) - Established Market Price – Dehydrated Orange Juice.
- 52.216-9054 ECONOMIC PRICE ADJUSTMENT - POLYMERIC TRAYPACK RATION
- 52.216-9055 Contractor Order Receipt Agents ().
- 52.216-9056 [Reserved.]
- 52.216-9057 Orders (Canadian Forces Vessels) (DLA Energy).
- 52.216-9058 Economic Price Adjustment (EPA) – Established Market Price – Wool Cloth .
- 52.216-9059 Economic Price Adjustment - Meal Cold Weather/Long Range Patrol (MCW/LRP)
- 52.216-9060 Economic Price Adjustment - Meal Ready To Eat (MRE) Assembly.
- 52.216-9061 Economic Price Adjustment – Table Spreads).
- 52.216-9062 Economic Price Adjustment - unitized group ration.
- 52.216-9063 Economic Price Adjustment (EPA) Tailored Operational Training Meal (TOTM).
- 52.216-9064 Economic Price Adjustment (EPA) – Actual Material Costs for Subsistence Delivered Price Business Model.
- 52.216-9065 Economic Price Adjustment – Actual Material Costs For Subsistence Product Price Business Model.
- 52.216-9066 Economic Price Adjustment – Market Prices – DLA Distribution.
- 52.216-9067 Economic Price Adjustment - Liquid Propane Gas – DLA Distribution.
- 52.216-9068 Economic Price Adjustment – Published Market Price -Electricity – Heat Rate.
- 52.216-9069 Economic Price Adjustment – Published Market Price – DLA Energy Domestic Bulk.
- 52.216-9070 Economic Price Adjustment – Daily Market Price Indicators (Ships’ Bunkers).
- 52.216-9071 Economic Price Adjustment – Market Price – Posts, Camps, and Stations (PC&S) – Korea/Guam/Japan.
- 52.216-9072 Economic Price Adjustment - Petroleum Product Price , Post, Camp, and Station (PC&S).
- 52.216-9073 Economic Price Adjustment – Petroleum Product Market Price, Post, Camp, and Station (PC&S) Belgium.
- 52.216-9074 Economic Price Adjustment - Market Price And Actual Transportation Cost (Natural Gas) Alaska.
- 52.216-9075 Economic Price Adjustment – Published Market Price –Ships Bunkers.
- 52.217-9000 Data Pricing, Evaluation, And Award.
- 52.217-9001 Option to Extend the Term of the Contract - Separate Firm Fixed Price and 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) Requirements.
- 52.217-9007 Surge and Sustainment (S&S) Instructions to Offerors.
- 52.217-9008 Surge and Sustainment (S&S) Evaluation.
- 52.217-9009 Surge and Sustainment (S&S) Pricing.
- 52.217-9010 Limitations on Use of Surge and Sustainment (S&S) Government Investment.
- 52.217-9011 Provisioning.
- 52.217-9017 Tailored Logistics Support Purchasing Reviews.
- 52.217-9018 Supply Assurance Through Multisource Contracting.
- 52.217-9020 Corporate Contract Fill Rate and Unfilled Orders.
- 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 - DLA Troop Support Subsistence.
- 52.217-9029 Exercise Quantity Options.
- 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 Defense Logistics Agency (DLA) Mentoring Business Agreements (MBA) Program.
- 52.219-9003 Defense Logistics Agency (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 – Unequal (Alternate I).
- 52.219-9018 Notification of Subcontracting Plan.
- 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.
- 52.223-9002 Anti-Stain Treatment (Untreated Wood Products).
- 52.223-9003 Marking Dangerous Goods or Hazardous Materials.
- 52.223-9004 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
- 52.223-9007 Permission for Mercury (DLA Maritime Norfolk).
- 52.223-9008 Hazardous Chemical Exposure (DLA Maritime Norfolk).
- 52.225-9000 [Reserved.]
- 52.225-9001 [Reserved.]
- 52.225-9002 Foreign Military Sales (FMS) Shipping Instructions.
- 52.225-9003 Customs Clearance Procedures for United States (U.S.) Subsistence in the European Union.
- 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.
- 52.228-9001 Bid Guarantee for Use in Negotiated Acquisitions.
- 52.228-9002 Additional Bond Security.
- 52.229-9000 Kentucky Sales and Use Tax exemption.
- 52.229-9001 United States Department of Treasury Tax-Free Ethyl and Denatured Alcohol Permits.
- 52.229-9002 Tax Exemption Forms.
- 52.229-9003 Excise Tax Included (No Proof Of Export).
- 52.229-9004 Federal Excise Tax.
- 52.229-9005 Federal Excise, State and Local Taxes Excluded From Contract Price.
- 52.229-9006 Tax Exemption Forms.
- 52.229-9007 United States Department of Treasury Tax-Free Ethyl And Denatured Alcohol Permit.
- 52.230-9000 Submission of Data on Facilities Capital Cost of Money.
- 52.230-9001 Disclosure Statement Form – Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) – DLA Land and Maritime).
- 52.231-9000 Pre-Contract Costs (Air Force Depot Level Repairable (DLR) – DLA Aviation).
- 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 Task Order Contract).
- 52.232-9007 Contractor’s Remittance Address -Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) – DLA Land and Maritime).
- 52.233-9000 Agency Protests.
- 52.233-9001 Disputes Agreement to Use Alternative Dispute Resolution (ADR).
- 52.236-9000 Safety, Fire Prevention, And Security.
- 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.
- 52.237-9004 Evaluation – Contractor Installation or Verification of Installation.
- 52.239-9000 Y2K Compliance Notice.
- 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.
- 52.242-9005 Report of Shipment (Repship) of Perishable Medical Items.
- 52.242-9006 Delay of Installation for Medical and Laboratory Instrumentation.
- 52.242-9008 Technical Direction.
- 52.242-9009 Correspondence Regarding Meal, Ready-to-Eat (MRE) and Tray Pack Contracts.
- 52.242-9010 Title of Containers and Packaging Materials.
- 52.242-9013 Responsibility For Administration And Inspection.
- 52.243-9000 Design Change – Supply Items (Army Aviation and Missile Command (AMCOM) Depot Level Repairable (DLR) – DLA Aviation).
- 52.245-9001 Evaluation of Use of Government Furnished Property.
- 52.245-9002 Use of Government Furnished Property.
- 52.245-9003 Transportation Costs of Government Furnished Property (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.
- 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 and 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 (GFP).
- 52.245-9018 Government-Furnished Material - National Industries For The Blind (NIB) and National Industries For The Severely Handicapped (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.
- 52.246-9040 Inspection and Acceptance Supervision of Installation.
- 52.246-9041 Government Loss or Damage.
- 52.246-9042 Documentation of Traceability - QPL/QML Integrated Circuits, Hybrid Microcircuits, and Semiconductor Devices.
- 52.246-9043 Higher-Level Contract Quality Requirement (Non-Manufacturers).
- 52.246-9044 Sanitary Conditions.
- 52.246-9045 Federal Food, Drug and Cosmetic Act-Wholesale Meat Act.
- 52.246-9046 Phytosanitary Certificates for Export Shipments of Produce.
- 52.246-9047 Entry into Plant by Government Employees for Meal, Ready-to-Eat (MRE) and Tray Pack Items.
- 52.246-9048 Packed Cracker Packets.
- 52.246-9049 Storage of Semiperishable Components for Meal, Ready-to-eat (MRE) and Tray Pack.
- 52.246-9050 Acquisition of Liquids in Bulk Quantities.
- 52.246-9051 Repackaging of Hazardous Material.
- 52.246-9052 Warranty of Supplies.
- 52.246-9053 Commercial Warranty.
- 52.246-9054 Warranty – Acceptance of Supplies.
- 52.246-9055 Warranty of Supplies and Virtual Prime Vendor.
- 52.246-9056 Warranty Period for Overseas Shipments.
- 52.246-9057 Warranty of Data.
- 52.246-9058 Warranty of Supplies.
- 52.246-9059 Warranty of Supplies (Commercial Items).
- 52.246-9060 Warranty of Supplies (Commercial Items).
- 52.246-9061 Warranty of Industrial Plant Equipment (IPE) – Federal Supply Group (FSG) 34.
- 52.246-9062 Repackaging to Correct Packaging Deficiencies.
- 52.246-9063 Warranty of Supplies, Extended (66 Months).
- 52.246-9064 Quality Conformance Inspection Requirements.
- 52.246-9065 Protection from Degradation due to Electrostatic/Electromagnetic Forces.
- 52.246-9066 Documentation of Traceability.
- 52.246-9070 Commercial Bills of Lading (Bulk).
- 52.246-9071 Drawings For Inspection (Logistics Command (LOGCOM) Depot Level Repairable (DLR) –DLA Land and Maritime).
- 52.246-9072 Government Inspection (DLA Disposition Services).
- 52.246-9073 Use of Commercial Concerns to Perform Inspection of Services and Facilities (DLA Disposition Services).
- 52.246-9080 Points of Inspection and Acceptance.
- 52.246-9081 Certificate of Conformance.
- 52.246-9085 Production Lot Testing (PLT) – Government.
- 52.246-9086 Production Lot Testing (PLT) – Contractor.
- 52.246-9093 Inspection Standards Wood Products.
- 52.246-9094 Level I Material Certification (DLA Maritime-Norfolk).
- 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 Free on Board (F.O.B.) Destination Price Quoting Instructions -- Overseas Direct Vendor Delivery(DVD) and Navy Ships.
- 52.247-9007 Free on board (f.o.b.) destination price quoting instructions -- Contiguous United States (CONUS) Direct Vendor Delivery (DVD).
- 52.247-9008 Free on Board (F.o.b.) Destination Price Quoting Instructions – Foreign Military Sales (FMS).
- 52.247-9009 Free on Board (F.o.b.) Destination Price Quoting Instructions -- Canadian Foreign Military Sales (FMS).
- 52.247-9010 Free on Board (F.o.b.) Destination Price Quoting Instructions – Shipment to Depot.
- 52.247-9011 Vendor Shipment Module (VSM).
- 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM).
- 52.247-9013 Free on Board (F.o.b.) Origin And/Or F.o.b. Port(S) of Loading (Destination) on Offer Evaluation.
- 52.247-9014 Evaluation of Offers Via Export Aerial Ports.
- 52.247-9015 Loading Capabilities for Bulk Shipments.
- 52.247-9016 Free on Board (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 Free on Board (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 Free on Board (F.o.b.) Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees within CONUS or Canada.
- 52.247-9025 Free on Board (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 Free on Board (F.o.b.) Origin and F.o.b. Destination.
- 52.247-9027 Evaluation of Offers for Quantity Increments.
- 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 Instructions.
- 52.247-9035 Shipping Instructions (Domestic).
- 52.247-9036 Shipping Instructions (Export).
- 52.247-9037 Trans-Shipment of Material Through DLA Containerization and Consolidation Points (CCP).
- 52.247-9038 Shipping Instruction for DLA Direct Acquisitions.
- 52.247-9042 Wartime Utilization of Contract Vehicles (Contingency Contract) (Republic of Korea) .
- 52.247-9039 Alaska Remote Supply (Project Code 175).
- 52.247-9040 Greenland Remote Supply (Project Codes Y31 and 145).
- 52.247-9041 Delivery Times.
- 52.247-9047 Evaluation – Free on Board (F.o.b.) Origin –Special Condition.
- 52.247-9048 Guaranteed Shipping Characteristics.
- 52.247-9049 Evaluation - Free on Board (F.o.b.) Origin - Shipments Originating in Puerto Rico.
- 52.247-9050 Evaluation -- Palletized Shipments.
- 52.248-9000 Evaluation of Offers Using Alternate VECP Method.
- 52.248-9001 Exemption from Value Engineering.
- 52.248-9002 Offers Using Alternate VECP Method And Specifications/Drawings.
- 52.249-9000 Administrative Costs of Reprocurement After Default.

PART 52 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES

TABLE OF CONTENTS

SUBPART 52.1 – INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

52.101 Using Part 52.

52.102 Incorporating Provisions and Clauses.

SUBPART 52.2 – TEXTS OF PROVISIONS AND CLAUSES

52.200 Scope of subpart.

52.201-9001 Ordering Officers Under the Contract.

52.204-9000 Contractor Personnel Security Requirements.

52.204-9001 Electronic Order Transmission.

52.204-9002 Solicitation Provisions and Contract Clauses Statement.

52.204-9003 [Reserved.]

52.204-9004 Administrative Deselect.

52.204-9005 Distribution of Contract to Agent.

52.205-9000 Federal Business Opportunities (FedBizOpps.gov).

52.206-9000 Domestic or Canadian Source Performance Restriction (DLA Energy).

52.208-9000 Price Adjustment on Federal Prison Industries, Incorporated (FPI) Contracts/Orders.

52.208-9001 Acquisition of Federal Prison Industries, Incorporated (FPI) Items.

52.208-9002 Defense Logistics Agency Mandatory Source Requirements.

52.208-9003 Precious Metals not Furnished.

52.208-9007 Precious Metals (Government-Furnished Property).

52.208-9008 Evaluation of Offers for Items Containing Precious Metals.

52.209-9000 Qualified Products List (QPL) Connector Assemblies and QPL Electrical Contacts.

52.209-9001 Source Approval – Aircraft Launch and Recovery Equipment (ALRE).

52.209-9003 Pre-award Sample(s).

52.209-9004 Sources for Clothing/Textile Components – National Industries for the Blind (NIB) and

National Industries for the Severely Handicapped (NISH).

52.209-9005 Identification of Sources for all Components for Clothing/Textile Items.

52.209-9012 Qualified Suppliers List for Manufacturers/ Qualified Supplies List for Distributors.

52.209-9013 Component Qualified Products List/Qualified Manufacturers List (QPL/QML) Items.

52.209-9014 Vehicle Registration and Operations.

52.209-9015 Waiver - First Article Test – Simplified Acquisitions.

52.209-9016 Evaluation of Offers – First Article Testing.

52.209-9017 First article – Contractor Testing – Additional Requirements.

52.209-9018 First Article – Government Test – Additional Requirements.

52.209-9019 Requests for Waiver of First Article Testing Requirements.

52.209-9020 First Article Testing Requirement – Waiver Approved.

52.209-9021 Drawing Approval Prior to Production.

52.209-9022 Compatibility Testing Requirements.

52.209-9023 Compatibility Testing Approval – Government Testing.

52.209-9024 Government Fit Verification Testing.

52.209-9025 Government Fit Verification Testing Approval.

52.209-9026 [Reserved.]

52.209-9028 Qualified Suppliers List of Distributors (QSLD) – Federal Supply Classes (FSCs)

5961 and 5962.

52.209-9029 Notice of First Article Requirement and Conditions for Waiver (Logistics Command

(LOGCOM) Depot Level Repairable (DLR) – DLA Land and Maritime).

52.209-9030 First Article Evaluation Factors (Logistics Command (LOGCOM) Depot Level

Repairable (DLR) - DLA Land and Maritime).

52.209-9031 Definitive Responsibility Criteria (DLA Energy).

52.209-9032 Responsibility Criteria for Support to Overseas Contingency Contracts.

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 [Reserved.]

52.211-9009 Non-acceptability of Government Surplus Material.

52.211-9010 Military Shipping Label (MSL) Requirements – Military Standard (MIL-STD) 129P.

52.211-9011 Business Systems Modernization (BSM) Delivery Terms and 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.

52.211-9019 Reduced Delivery Schedule Applies when First Article Testing Requirements are Waived.

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.

52.211-9025 Compliance with National Sanitation Foundation (NSF) Requirements.

52.211-9026 Delays in Shipment of Products Requiring United States Department of Agriculture

(USDA) Laboratory Analysis.

52.211-9030 Annotation of Shipping 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 Diminishing Manufacturing Sources (DMS) Buys.

52.211-9035 Marking Requirements.

52.211-9036 Physical Identification/Bare Item Marking.

52.211-9037 Time of Delivery – Direct Vendor 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 Damages.

52.211-9041 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 Food and Drug Administration (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.

52.211-9054 Time of Delivery – Contracts.

52.211-9057 Ordering/Time of Performance (Indefinite Delivery/Time and Material/Labor Hour Contract).

52.211-9059 Time of Delivery – Alternate Delivery Schedules.

52.211-9060 Time of Delivery.

52.211-9061 Time of Delivery (Overlapping Orders) (Indefinite Delivery Contract (IDC)).

52.211-9062 Delivery Requirements.

52.211-9063 Unit Package Marking Requirement for Component Lead Finish.

52.211-9064 Drawing Limitations (Tank-Automotive and Armaments Command (TACOM) Depot

Level Repairable (DLR) – DLA Land and Maritime).

52.211-9065 Special Notice of Contractor Responsibilities for Components and Tooling (Army

Aviation and Missile Command (AMCOM) Depot Level Repairable (DLR) –

DLA Aviation.

52.211-9066 Required Delivery for Orders (Army Aviation and Missile Command (AMCOM) Depot

Level Repairable (DLR) – DLA Aviation).

52.211-9067 Deliveries or Performance – Time of Delivery (Naval Inventory Control Point (NAVICP)

Depot Level Repairable (DLR) – DLA Aviation).

52.211-9068 Continuance of Performance during any State of Emergency (Republic of Korea) (DLA Energy).

52.211-9069 Time of Delivery – Ordering Office.

52.211-9070 Relief From Diminishing Manufacturing Sources Or Material Shortages Components (F-16 Program) (Air Force-Hill Depot Level Repairable (DLR) – DLA Aviation).

52.211-9071 Required Source Approval (Logistics Command (LOGCOM) Depot Level Repairable

(DLR) - DLA Land and Maritime).

52.211-9072 General Receiving and Storing Conditions (DLA Energy).

52.211-9073 Determination of Quantity (DLA Energy).

52.211-9084 Packaging, Packing, Marking and Labeling of Hazardous Material Shipments (DLA Maritime-Norfolk).

52.211-9085 Prohibited Packing Materials (DLA Maritime-Norfolk and Puget Sound).

52.211-9086 Deteriorative Material Marking (DLA Maritime-Norfolk and Puget Sound).

52.211-9087 Level I Material Marking (DLA Maritime-Norfolk).

52.211-9088 Level I Pressure Boundary Markings (DLA Maritime-Norfolk).

52.211-9089 Level I Fastener Identification (DLA Maritime-Norfolk).

52.212-9000 Changes – Military Readiness.

52.212-9001 Application of Fast Payment to Part 12 Acquisitions.

52.212-9004 Reference to Uniform Contract Format (UCF) in Commercial 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.]

52.213-9006 [Reserved.]

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.

52.213-9010 Indefinite Delivery Purchase Order (IDPO) Evaluation.

52.213-9011 Indefinite Delivery Purchase Order (IDPO) Agreement.

52.213-9012 Indefinite Delivery Purchase Order (IDPO) Contract.

52.214-9001 Schedule -Firm fixed price and 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.

52.214-9005 Descriptive Literature.

52.214-9006 Conditional or Qualified Offers.

52.214-9007 Place of Production of An Industrial Preparedness Program (IPP) Planned Item.

52.214-9008 Rounding Off of Offer and Award Prices.

52.215-9001 Evaluation Factor for Preaward Survey.

52.215-9002 Socioeconomic Proposal.

52.215-9003 [Reserved.]

52.215-9004 AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) Entity Proposal.

52.215-9005 AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) Entity Support Evaluation.

52.215-9006 AbilityOne (formerly called Javits-Wagner-O’Day Act (JWOD)) Entity Support- Contractor Reporting.

52.215-9007 Pre-proposal Conference.

52.215-9008 Facsimile Bids and Proposals.

52.215-9009 All or None for Automated Procurements.

52.215-9010 All or None (Invitation for Bid / Request for Proposal (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.

52.215-9019 Operational Capability Demonstration.

52.215-9020 Instructions for Submitting Product Demonstration Models (PDM) for Supply Chains at DLA Troop Support.

52.215-9021 Department of Defense (DOD) Electronic Mall (EMALL) Purchasing Reviews.

52.215-9022 Contractor Past Performance Evaluation – Automated Systems.

52.215-9023 Reverse Auction.

52.215-9024 State Minimum Price Regulations.

52.215-9033 Competing Individual Delivery Orders through On-line Reverse Suctioning.

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 and 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 Limitations.

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 Unitized Group Rations (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 United States (CONUS).

52.216-9016 Intent to Award Against Existing Basic Ordering Agreement (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.

52.216-9027 Evaluation of Quantity Sensitive and Indefinite Delivery Contracts.

52.216-9028 Economic Price Adjustment Labor and Material.

52.216-9029 Economic Price Adjustment Lead, Battery Consignment Program.

52.216-9030 Economic Price Adjustment – Department of Labor Price Index.

52.216-9032 Economic Price Adjustment (EPA) – Established Market Price.

52.216-9032 Alt I Economic Price Adjustment (EPA) – Established Market Price Alternate I.

52.216-9032 Alt II Economic Price Adjustment (EPA) – Established Market Price – Milk Alternate II.

52 216-9032 Alt III Economic Price Adjustment (EPA) – Established Market Price – Milk Alternate III.

52.216-9033 Economic Price Adjustment – Established Prices.

52.216-9034 Economic Price Adjustment – Published Market Price - Silver.

52.216-9035 Economic Price Adjustment – Published Market Price - Lead.

52.216-9036 Evaluation of Offers - Economic Price Adjustment.

52.216-9037 Evaluation of Bids - Economic Price Adjustment.

52.216-9038 Price Redetermination – Prospective (Deviation).

52.216-9039 Economic Price Adjustment – Standard Supplies Deviation.

52.216-9040 Economic Price Adjustment – Established Catalog Price Two Upward Adjustments Per Year Open Season E-CAT Solicitation.

52.216-9041 Economic Price Adjustment – Federal Supply Schedule Prices – Open Season E-CAT Solicitation.

52.216-9042 Economic Price Adjustment (EPA) – Department of Labor Bureau of Labor Statistics – Consumer Price Index.

52.216-9043 Economic Price Adjustment – Federal Supply Schedule Prices.

52.216-9044 Economic Price Adjustment – Established Catalog Price – Multiple Adjustments Authorized per Clause Terms – Non-E-CAT.

52.216-9045 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT – One Upward Adjustment Per Option Period.

52.216-9046 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT.

52.216-9047 Economic Price Adjustment – Established Catalog Price One Upward Adjustment Per Option Year E-Cat Solicitation.

52.216-9048 Economic Price Adjustment –Established Catalog Price – Multiple Adjustments Authorized per Clause Terms – E-CAT Solicitation.

52.216-9049 Economic Price Adjustment (EPA) of the Annual Management Fee(s) and Annual Management Cost(s) for the Option Years.

52.216-9050 Economic Price Adjustment (EPA) of the Annual Inventory Holding Fee and Annual Inventory Holding Cost for the Option Years.

52.216-9051 Economic Price Adjustment - One Adjustment Per Year – Base Year Only Federal Ceiling Prices (FCP) Percentage Adjustment.

52.216-9052 Economic Price Adjustment - One Adjustment Per Year – Base/Option Year Only Federal Ceiling Prices (FCP) Percentage Adjustment.

52.216-9053 Economic Price Adjustment (EPA) - Established Market Price – Dehydrated Orange Juice.

52.216-9054 Economic Price Adjustment – Polymeric Traypack Ration.

52.216-9055 Contractor Order Receipt Agents (DLA Energy).

52.216-9056 Limitations of Requirements (DLA Disposition Services).

52.216-9057 Orders (Canadian Forces Vessels) (DLA Energy).

52.216-9059 Economic Price Adjustment – Meal Cold Weather/Long range Patrol (MCW/LRP).

52.216-9060 Economic Price Adjustment – Meal Ready to Eat (MRE) Assembly.

52.216-9061 Economic Price Adjustment (EPA) Table Spreads.

52.216-9062 Economic Price Adjustment (EPA) Unitized Group Ration (UGR).

52.216-9063 Economic Price Adjustment – Tailored Operational Training Meal (TOTM).

52.216-9064 Economic Price Adjustment (EPA) – Actual Material Costs for Subsistence Delivered Price Business Model.

52.216-9065 Economic Price Adjustment – Actual Material Costs for Subsistence Product Price Business Model.

52.216-9066 Economic Price Adjustment – Market Prices – DLA Distribution.

52.216-9067 Economic Price Adjustment – Liquid Propane Gas – DLA Distribution.

52.216-9068 Economic Price Adjustment – Published Market Price – Electricity – Heat Rate.

52.216-9069 Economic Price Adjustment – Published Market Price – Domestic Bulk.

52.216-9070 Economic Price Adjustment – Daily Market Price Indicators (Ships’ Bunkers).

52.216-9071 Economic Price Adjustment – Market Price – Posts, Camps, and Stations, Korea/Guam/ Japan.

52.216-9072 Economic Price Adjustment – Petroleum Product Price, Post, Camp, and Station (PC&S).

52.216-9073 Economic Price Adjustment – Petroleum Product Market Price, Post, Camp, and Station (PC&S) Belgium.

52.216-9074 Economic Price Adjustment – Market Price and Actual Transportation Cost (Natural Gas) Alaska.

52.216-9075 Economic Price Adjustment – Published Market Price – Ships Bunkers.

52.217-9000 Data Pricing, Evaluation, and Award.

52.217-9001 Option to Extend the Term of the Contract - Separate Firm Fixed Price and 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.

52.217-9008 Surge and Sustainment (S&S) Evaluation.

52.217-9009 Surge and Sustainment (S&S) Pricing.

52.217-9010 Limitations on Use of Surge and Sustainment (S&S) Government Investment.

52.217-9011 Provisioning.

52.217-9017 Tailored Logistics Support Purchasing Reviews.

52.217-9018 Supply Assurance Through Multisource Contracting.

52.217-9020 Corporate Contract Fill Rate and Unfilled Orders.

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 (DLA Troop Support).

52.217-9029 Exercise Quantity Options.

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 Defense Logistics Agency (DLA) Mentoring Business Agreements (MBA) Program.

52.219-9003 Defense Logistics Agency (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 Historically Underutilized Business Zone (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.

52.219-9018 Notification of Subcontracting Plan.

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.

52.223-9002 Anti-Stain Treatment (Untreated Wood Products).

52.223-9003 Marking Dangerous or Hazardous Materials.

52.223-9004 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

52.223-9007 Permission for Mercury (DLA Maritime).

52.223-9008 Hazardous Chemical Exposure (DLA Maritime).

52.225-9000 [Reserved.]

52.225-9001 [Reserved.]

52.225-9002 Foreign Military Sales (FMS) Shipping Instructions.

52.225-9003 Customs Clearance Procedures for United States (U.S.) Subsistence in the European

Union.

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.

52.228-9001 Bid Guarantee for Use in Negotiated Acquisitions.

52.228-9002 Additional Bond Security.

52.229-9000 Kentucky sales and use tax exemption.

52.229-9001 United States (U.S) Department of Treasury Tax-Free Ethyl and Denatured Alcohol

Permits.

52.229-9002 Tax Exemption Forms.

52.229-9003 Excise Tax Included (No Proof of Export).

52.229-9004 Federal Excise Tax.

52.229-9005 Federal Excise, State, Local Taxes Excluded from Contract Price.

52.229-9006 Tax Exemption Forms.

52.229-9007 United States (U.S) Department of Treasury Tax-Free Ethyl and Denatured Alcohol

Permit.

52.230-9000 Submission of Data on Facilities Capital Cost of Money.

52.230-9001 Disclosure Statement Form – (Tank-automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) – DLA Land and Maritime).

52.231-9000 Pre-Contract Costs (Air Force Depot Level Repairable (DLR) – DLA Aviation).

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).

52.232-9007 Contractor's Remittance Address (Tank-Automotive and Armaments Command (TACOM) depot level repairable (DLR) – DLA Land and Maritime).

52.233-9000 Agency Protests.

52.233-9001 Disputes: Agreement to Use Alternate Disputes Resolution (ADR).

52.236-9000 Saftey, Fire Prevention, and Security.

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.

52.237-9004 Evaluation – Contractor Installation or Verification of Installation.

52.239-9000 Y2K Compliance Notice.

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 of Perishable Medical Items - DLA Troop Support – Medical.

52.242-9006 Delay of Installation for Medical and Laboratory Instrumentation DLA Troop Support –

Medical.

52.242-9008 Technical Direction.

52.242-9009 Correspondence Regarding Meal, Ready-to-Eat (MRE) and Tray Pack Contracts.

52.242-9010 Title of Containers and Packaging Materials.

52.242-9013 Responsibility for administration and inspection.

52.243-9000 Design Change - Supply Items (Army Aviation and Missile Command (AMCOM) Depot

Level Repairable (DLR) – DLA Aviation).

52.245-9001 Evaluation of Use of Government Furnished Property (GFP).

52.245-9002 Use of Government Furnished Property (GFP).

52.245-9003 Transportation Costs of Government Furnished Property (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 (GFP) - 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 and 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 (GFP).

52.245-9018 Government-Furnished Material – National Industries for the Blind (NIB) and

National Industries for the Severely Handicapped (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 Federal Supply Classes (FSCs) 6830 and 8120).

52.245-9027 Government-Furnished Property (GFP) Mechanical Gauges (Loaned) (Includes Federal Supply Classes (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 (Air Launch and Recovery Equipment) (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.

52.246-9040 Inspection and Acceptance - Supervision of Installation.

52.246-9041 Government Loss or Damage.

52.246-9042 Documentation of Traceability - QPL/QML Integrated Circuits, Hybrid Microcircuits, and Semiconductor Devices.

52.246-9043 Higher-level Contract Quality Requirement (Non-manufacturers).

52.246-9044 Sanitary Conditions.

52.246-9045 Federal Food, Drug and Cosmetic Act-Wholesale Meat Act.

52.246-9046 Phytosanitary Certificates for Export Shipments of Produce.

52.246-9047 Entry into Plant by Government Employees for Meal, Ready-to-Eat (MRE) and Tray Pack Items.

52.246-9048 Packed Cracker Packets.

52.246-9049 Storage of Semi-perishable Components for Meal, Ready-to-eat (MRE) and Tray Pack.

52.246-9050 Acquisition of Liquids in Bulk Quantities.

52.246-9051 Repackaging of Hazardous Material.

52.246-9052 Warranty of Supplies.

52.246-9053 Commercial Warranty.

52.246-9054 Warranty – Acceptance of Supplies.

52.246-9055 Warranty of Supplies and Virtual Prime Vendor.

52.246-9056 Warranty Period for Overseas Shipments.

52.246-9057 Warranty of Data.

52.246-9058 Warranty of Supplies.

52.246-9059 Warranty of Supplies (Commercial Items).

52.246-9060 Warranty of Supplies (Commercial Items) (Fill-In).

52.246-9061 Warranty of Industrial Plan Equipment (IPE) – Federal Supply Group (FSG) 34.

52.246-9062 Repackaging to Correct Packaging Deficiencies.

52.246-9063 Warranty of Supplies, Extended (66 Months).

52.246-9064 Quality Conformance Inspection Requirements.

52.246-9065 Protection from Degradation due to Electrostatic/Electromagnetic Forces.

52.246-9066 Documentation of Traceability.

52.246-9070 Commercial Bills of Lading (Bulk) (DLA Energy).

52.246-9071 Drawing for Inspection (Logistics Command (LOGCOM) Depot Level Repairable

(DLR), DLA Land and Maritime.

52.246-9072 Government Inspection (DLA Disposition Services).

52.246-9073 Use Of Commercial Concerns to Perform Inspection of Services and Facilities (DLA Disposition Services).

52.246-9080 Points of Inspection and Acceptance (DLA Energy).

52.246-9081 Certificate of Conformance (DLA Energy).

52.246-9085 Production Lot Testing (PLT) – Government.

52.246-9086 Production Lot Testing (PLT) – Contractor.

52.246-9093 Inspection Standards Wood Products.

52.246-9094 Level I Material Certification (DLA Maritime-Norfolk).

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 Free on Board (F.o.b.) Destination Price Quoting Instructions -- Overseas Direct Vendor

Delivery (DVD) and Navy Ships.

52.247-9007 Free on Board (F.o.b.) Destination Price Quoting Instructions – Contiguous United

States (CONUS) Direct Vendor Delivery (DVD).

52.247-9008 Free on Board (F.o.b.) Destination Price Quoting Instructions – Foreign Military Sales

(FMS).

52.247-9009 Free on Board (F.o.b.) Destination Price Quoting Instructions -- Canadian Foreign

Military Sales (FMS).

52.247-9010 Free on Board (F.o.b.) Destination Price Quoting Instructions – Shipment to Depot.

52.247-9011 Vendor Shipment Module (VSM).

52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM).

52.247-9013 Free on Board (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 Free on Board (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 Free on Board (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 Free on Board (F.o.b.). Origin by Non-CONUS or Non-Canadian Offerors for Delivery to

Consignees Within Contiguous United States (CONUS) or Canada.

52.247-9025 Free on Board (F.o.b.). Origin by Non-Contiguous United States (CONUS) or Non-

Canadian Offerors for Delivery to Consignees Outside CONUS or Canada.

52.247-9026 Evaluation of Offers Invited for Both Free on Board (F.o.b.). Origin and F.o.b.

Destination.

52.247-9027 Evaluation of Offers for Quantity Increments.

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 Instructions.

52.247-9035 Shipping Instructions (Domestic).

52.247-9036 Shipping Instructions (Export).

52.247-9037 Trans-shipment of Material through DLA Containerization and Consolidation Points (CCP).

52.247-9038 Shipping Instruction for DLA Direct Acquisitions.

52.247-9039 Alaska Remote Supply (Project Code 175).

52.247-9040 Greenland Remote Supply (Project Codes Y31 and 145).

52.247-9041 Delivery Times.

52.247-9047 Evaluation – Free on Board (F.O.B.) Origin –Special Condition.

52.247-9048 Guaranteed Shipping Characteristics.

52.247-9049 Evaluation - Free on Board (F.O.B.) Origin - Shipments Originating in Puerto Rico.

52.247-9050 Evaluation -- Palletized Shipments

52.248-9000 Evaluation of Offers Using Alternate Value Engineering Change Proposals (VECPs) Method.

52.248-9001 Exemption from Value Engineering.

52.248-9002 Offers Using Alternate Value Engineering Change Proposal (VECP) Method and

Specifications/Drawings.

52.249-9000 Administrative Costs of Reprocurement after Default.

SUBPART 52.1 – INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

52.101 Using Part 52.

(b) Numbering.

(2) Provisions or clauses that supplement Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplement (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. If significant editorial changes were made to clauses or provisions in this edition, for example, under Procurement Letter (PROCLTR) 2012-11, the date has been 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/Acquisition. The web page referenced will provide links to all provisions and clauses (Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and Defense Logistics Acquisition Directive (DLAD)) that are incorporated by reference in Defense Logistics Agency (DLA) solicitations and awards. J71 shall maintain the web page and the DLAD provisions and clauses. Buying activities shall maintain their local provisions and clauses.

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.

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. J71 and the buying activities shall maintain the DLAD and local archives, respectively.

Buying activities may identify reasonable circumstances when incorporation in full text is appropriate, such as the following:

For approximately the first six months after a significant new policy is issued (e.g., Central Contractor Registration);

When incorporation by reference is not practical, effective, or efficient (e.g., when a provision or clause is almost entirely composed of fill-ins);

When noncompliance with contract terms is significantly reduced by incorporation in full text; or

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

(Revised March 22, 2012 through PROCLTR 2012-31)

52.200 Scope of subpart.

This subpart sets forth the texts of all Defense Logistics Acquisition Directive (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 (NOV 2011)

(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.

(b) 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.

(c) In the case of a termination, the applicable agency, commissary, or activity may reprocure the supplies locally. The ordering officer shall also notify the Defense Logistics Agency (DLA) Contracting Officer of all terminations and repurchase actions which were processed under the indefinite delivery contract.

(d) 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.

(e) [ ] If checked, the following individuals are appointed ordering officers under this contract:

Appointed Ordering Officer(s) for Contract (Number)

Name | Title

(End of Clause)

52.204-9000 Contractor Personnel Security Requirements.

.

As prescribed in 4.1303-90, insert the following clause:

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (MAR 2012)

(a) Work to be performed under this contract or task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) Headquarters (HQ) or other DLA field activity office(s), with physical access to a Federally-controlled facility. Prior to beginning work on a contract, DLA and its field activity offices require all contractor personnel working on the Federally-controlled facility to have a favorably adjudicated National Agency Check with Written Inquiries (NACI) or NACI equivalent.

(b) Additionally, in accordance with Department of Defense (DoD) Regulation 5200.2-R, Personnel Security Programs, and DLA Issuance 4314, Personnel Security Program, all DoD Contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three information technology (IT) levels, each requiring a certain level of investigation and clearance, as follows:

(1) IT-I for an IT position requiring a Single Scope Background Investigation (SSBI) or SSBI equivalent;

(2) IT-II for an IT position requiring a National Agency Check with Law and Credit (NACLC) or NACLC equivalent; and

(3) IT-III for an IT position requiring a NACI or equivalent.

Note: IT levels will be designated according to the criteria in DoD 5200.2-R.

(c) Previously completed security investigations may be accepted by the Government in lieu of new investigations if determined by the DLA Intelligence Personnel Security Office to be essentially equivalent in scope to the contract requirements. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. To assist the Government in making this determination, the Contractor must provide the following information to the respective DLA Personnel Security Office 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 name, as applicable, with social security number;

(2) Citizenship status with date and place of birth;

(3) Proof of the individual’s favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, and name of the agency that performed the investigation;

(4) Company name, address, phone and fax numbers with email address;

(5) Location of on-site workstation or phone number if off-site (if known by the time of award); and

(6) Delivery order or contract number and expiration date; and name of the Contracting Officer.

(d) The Contracting Officer will ensure that the contractor is notified as soon as a determination is made by the assigned or cognizant DLA Personnel Security Office regarding acceptance of the previous investigation and clearance level.

(1) If a new investigation is deemed necessary, the Contractor and Contracting Officer will be notified by the respective DLA Personnel Security Office after appropriate checks in DoD databases have been made.

(2) If the Contractor employee requires access to classified information and currently does not have the appropriate clearance level and/or an active security clearance, the DLA Personnel Security Office will relay this information to the Contractor and Contracting Officer for further action.

(3) The Contracting Officer will ensure that the respective DLA Personnel Security Office initiates the investigation for the required clearance level(s) of the Contractor personnel.

(4) It is the Contractor’s responsibility to ensure that adequate information is provided and that each Contractor employee completes the appropriate paperwork, as required either by the Contracting Officer or the DLA Personnel Security Office, in order to begin the investigation process for the required clearance level.

(e) The Contractor is responsible for ensuring that each Contractor employee assigned to the position has the appropriate security clearance level.

(f) The Contractor shall submit each request for IT access and investigation through the contracting officer to the assigned or cognizant DLA Personnel Security Office. Requests shall include the following information and/or documentation:

(1) Standard Form (SF) 85, Questionnaire for Non-Sensitive Positions, or the SF 86, Questionnaire for National Security Positions (see note below);

(2) Proof of citizenship (i.e., an original or a certified copy of a birth certificate, passport, or naturalization certificate); and

(3) Form FD-258, fingerprint card (however, fingerprinting can be performed by the cognizant DLA Personnel Security Office).

(Note to (f)(1) above: An investigation request is facilitated through use of the SF 85 or the SF 86. These forms with instructions as well as the Optional Form (OF) 306, Declaration for Federal Employment, which is required with submission of the SF85 or SF 86, are available at the Office of Personnel Management’s (OPM) system called Electronic –Questionnaires for Investigations Processing (e-QIP). Hard copies of the SF85 and SF86 are available at OPM’s web-site, www.opm.gov, but hard copies of the forms are not accepted.)

(g) Required documentation, listed above in paragraphs (f) (1) through (3), must be provided by the Contractor as directed by the Contracting Officer to the cognizant DLA Personnel Security Office at the time of fingerprinting or prior to the DLA Security Office releasing the investigation to the Office of Personnel Management.

(h) Upon completion of the NACI, NACLC, SSBI, or other sufficient, appropriate investigation, the results of the investigation will be forwarded by the office performing the investigation to either the appropriate adjudication facility for eligibility determination or the DLA Intelligence Security Division for review and determination regarding the applicant’s suitability to occupy an unescorted entry position in performance of the DLA contract. Contractor personnel shall not commence work on this effort until the investigation has been favorably adjudicated or has been waived into the position pending completion of adjudication. The DLA Intelligence Personnel Security Office will ensure that results of investigations will be sent by the office performing the investigation to the Defense Industrial Security Clearance Office (DISCO) or DLA Intelligence Personnel Security Office.

(i) A waiver for an IT-I or IT-II position to allow assignment of an individual Contractor employee to commence work prior to completion of the 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 Contractor employee’s completed forms. The request for a waiver must be approved by the Commander/Director or an authorized representative of the site. The cognizant DLA Personnel Security Office reserves the right to determine whether a waiver request will be forwarded for processing, however, there will be no waiver for an IT-III position. The individual Contractor employee for which the waiver is being requested may not be assigned to a position, that is, physically work at the Federally-controlled facility and/or be granted access to Federally-controlled information systems, until the waiver has been approved.

(j) 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, who are determined by the Contracting Officer to conflict with the interests of the Government. If such removal occurs, the Contractor shall assign qualified personnel, with the required investigation, to any vacancy.

(k) All Contractor personnel who are granted access to Government and/or 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 Contractor 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.

(l) The Contractor is also required to obtain a common access card (CAC) for each contractor employee in accordance with procedures established at the DLA HQ or field activity office. When a CAC is required, the Contracting Officer will ensure that the contractor follows the requirements of Homeland Security Presidential Directive 12.

(m) Contractor personnel must additionally receive operations security (OPSEC) and information security (INFOSEC) awareness training. The DLA annual OPSEC refresher training and DLA annual INFOSEC training will satisfy these requirements and are available through the DLA Intelligence Office.

(n) When a Contractor employee who has been granted a clearance is removed from the contract, the Contractor shall provide an appropriately trained substitute who has met or will meet the investigative 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 Contractor employee has met one of the criteria set forth in paragraphs (c), (d), or (i) 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). Contractor individual employees removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract.

(o) The Contractor shall notify the contracting officer in writing, within 12 hours, when a Contractor 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. When the Contractor employee departs, the Contractor will relay departure information to the cognizant DLA Security Office so appropriate databases can be updated. The Contractor will ensure each departed employee has completed the DLA J6 Out-Processing Checklist, when applicable, for the necessary security briefing, has returned any Government-furnished equipment, returned the DoD CAC and DLA (or equivalent) badge, returned any DoD or DLA vehicle decal, and requested deletion of local area network account with a prepared Department of Defense (DD) form 2875. The Contractor will be responsible for any costs involved for failure to complete the out-processing, including recovery of Government property and investigation involved.

(p) These Contractor 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. The Contractor shall meet the required delivery schedule unless the contracting officer grants a waiver or extension.

(q) The Contractor shall not bill for personnel, who are not working on the contract while that Contractor employee’s clearance investigation is pending.

(End of Clause)

52.204-9001 Electronic Order Transmission.

As prescribed in 4.502-90, insert the following provision:

ELECTRONIC ORDER TRANSMISSION (NOV 2011)

(a) Supplies procured through the Defense Logistics Agency (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 American National Standards Institute (ANSI) X12 Standards through a DLA Transaction Services approved value added network (VAN).

( ) Electronic mail (email) award notifications containing web links to electronic copies of the Department of Defense (DD) Form 1155, Order for Supplies or Services.

(b) Offerors choosing email notification for order transmission shall register their email address on the DLA internet bid board system (DIBBS) home page at https://www.dibbs.bsm.dla.mil/ as part of the vendor registration.

(c) 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.

(d) Issuance of an EDI transmission or email notification constitutes a binding order. Successful offerors are authorized and expected to commence performance upon receipt.

(e) Note: Information regarding EDI, ANSI X12 transactions and DLA transaction services approved VANs can be obtained from the DAAS web site by going to

https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp.

(f) Questions concerning electronic ordering should be directed to the appropriate supply center contact below:

DLA Land and Maritime

Post Office (P. O.) Box 3990

Columbus, Ohio 43218-3990

DLA Troop Support

Attention: J6P

Information Operations

700 Robbins Avenue

Philadelphia, Pennsylvania 19111-5092

Phone: 215-737-2130

or -

DLA Aviation

Procurement Process Support Directorate

Systems and Procedures Division

Attention: BPSC

8000 Jefferson Davis Highway

Richmond, Virginia 23297-5516

(End of Clause)

52.204-9002 Solicitation Provisions and Contract Clauses Statement.

As prescribed in 4.502-90 insert the following clause:

SOLICITATION PROVISIONS AND CONTRACT CLAUSES STATEMENT (NOV 2011)

Full text of all Defense Logistics Acquisition Directive (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/Acquisition. Also, the full text of Federal Acquisition Regulation (FAR)/Defense Federal Acquisition Regulation Supplement (DFARS) clauses incorporated by reference may be accessed.

(End of Clause)

52.204-9003 [Reserved.]

52.204-9004 Administrative Deselect.

As prescribed in 4.103-90, insert the following clause:

ADMINISTRATIVE DESELECT (NOV 2011)

The following clause(s) included in the solicitation if checked has been determined not applicable for this award.

( ) Federal Acquisition Regulation (FAR) 52.232-33 - Payment by Electronic Funds Transfer - Central Contractor Registration

( ) Defense Federal Acquisition Regulation Supplement (DFARS) 252.242-7004 - Material Management and Accounting System

(End of Clause)

52.204-9005 Distribution of Contract to Agent.

As prescribed in 4.202-90, insert the following provision:

DISTRIBUTION OF CONTRACT TO AGENT (AUG 2008)

Foreign Contractors that require a copy of contract to be mailed to an agent in the United States will insert agent's name and address below:

_______________________________________________________

_______________________________________________________

(End of Provision)

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)

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)

52.206-9000 Domestic or Canadian Source Performance Restriction (DLA Energy).

As prescribed in 6.302-3-70(90), insert the following clause:

DOMESTIC OR CANADIAN SOURCE PERFORMANCE RESTRICTION (DLA ENERGY)

(NOV 2011)

(a) The Contractor hereby agrees, by submission of its offer, that each end product furnished under this contract shall be manufactured or produced in the United States (U.S.), its outlying areas, or Canada. The Contractor agrees to furnish product only from the source(s) identified below:

Source | Location

(b) The Contractor shall not change the source of supply without express written consent from the Contracting Officer.

(End of Clause)

52.208-9000 Price Adjustment on Federal Prison Industries, Incorporated (FPI) Contracts/Orders.

As prescribed in 8.604(c)(90)(i), insert the following clause:

PRICE ADJUSTMENT ON FEDERAL PRISON INDUSTRIES, INCORPORATED (FPI) CONTRACTS/ORDERS (NOV 2011)

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 Director, DLA Acquisition (J7), DLA Headquarters (HQ), 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 Director, DLA Acquisition (J7), DLA HQ.

(End of Clause)

52.208-9001 Acquisition of Federal Prison Industries, Incorporated (FPI) items.

As prescribed in 8.602(a)(i)(90), insert the following provision:

ACQUISITION OF FEDERAL PRISON INDUSTRIES INCORPORATED (FPI) ITEMS (NOV 2011)

(a) For items listed on the 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.

(b) 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 (DLA) MANDATORY SOURCE REQUIREMENT (NOV 2011)

The virtual prime vendor (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 (Federal Acquisition Regulation (FAR) clause 52.216-21, Requirements) or are from a statutorily authorized or required source such as UNICOR / Federal Prison Industries, Incorporated (FPI). 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)(S-90), insert the following clause:

PRECIOUS METALS NOT FURNISHED (MAR 2012)

No precious metals or other property will be furnished by the Government for performance of this contract; therefore, Federal Acquisition Regulation (FAR) clause 52.245-1 is not applicable to this contract.

(End of Clause)

52.208-9007 Precious Metals (Government-Furnished Property).

As prescribed in 8.7305(a)(1), insert the following clause:

PRECIOUS METALS (GOVERNMENT-FURNISHED PROPERTY) (MAR 2012)

(a) Government-furnished (GF) precious metal: The Government intends to furnish precious metal, which for the purposes of this clause is defined as [Contracting Officer to insert type of precious metal]. The following conditions governing GF precious metal shall apply:

(1) Only the type of precious metal described herein, in the quantity cited in paragraph (b)(1) of this clause, will be furnished by the Government at the Government's expense;

(2) GF precious metal will be valued for all purposes at $[Contracting Officer to insert dollar value] per troy ounce of precious metal in the initial year of the contract, and any adjustments required by this clause will be computed on such basis except as noted hereafter;

(3) The yearly valuation may change in subsequent years of the contract as directed by the Government’s precious metals recovery program, and any adjustments required by this clause will be computed on the basis of the valuation in effect at the time of the adjustment; and

(4) Valuation and adjustments in evaluation are solely at the discretion of the Government.

(b) Provisions relating to materials to be furnished by the Government:

(1) The contract unit price is based on GF precious metal being provided by the Government. The Government will provide to the Contractor within sixty (60) days after award a total of [Contracting Officer to insert number] troy ounces of precious metal with a minimum purity of 99.90 percent and a per troy ounce dollar value as indicated in paragraph (a)(2) of this clause. The quantity of precious metal to be furnished will be determined by the number of troy ounces of 99.90 percent pure precious metal (or fraction thereof) in each end item (as indicated by the end item percentage of precious metal cited in the procurement item description, Government specifications, or other technical data), multiplied by the total number of end items (which contain precious metal) to be delivered under the contract. (The quantity of precious metal to be furnished does not include any additional percent deliverable under a variation in quantity clause, if such a clause is contained in the contract.)

(2) Only the type of precious metal described herein, in the quantity cited in paragraph (b)(1) of this clause, will be furnished by the Government at the Government's expense; and

(3) The yearly valuation may change in subsequent years of the contract as directed by the Government’s precious metals recovery program, and any adjustments called for will be computed on such basis.

(4) GF precious metal will be delivered to the Contractor free on board (f.o.b.) at or near the Contractor’s plant; or a Subcontractor’s plant, if the Contractor elects to identify a Subcontractor to receive the GF precious metal. The Contractor shall be responsible for the GF precious metal upon arrival at the plant designated by the Contractor in the space provided below. Any subsequent forwarding of the GF precious metal from the subcontractor’s plant to the prime Contractor’s plant shall be the full responsibility of the prime Contractor. The offeror shall insert in the space below the name and complete address of the plant to which the GF precious metal is to be delivered and a point of contact with phone number:

Plant: _______________________________________________________________

Location: ____________________________________________________________

Point of contact with phone number: ______________________________________

(5) The delivery date(s) for supplies to be furnished by the Contractor under this contract are based upon the expectation that GF precious metal will be provided and that such precious metal, suitable for use, will be delivered to the Contractor within sixty (60) days after award. If GF precious metals are not received within sixty (60) days, the Contractor shall notify the Contracting Officer.

(i) If GF precious metal in the quantity called for in paragraph (b)(1) of this clause is not delivered to the Contractor, the contract unit price shall be increased by an amount computed based on the amount of GF precious metal not supplied, multiplied by the dollar value of a troy ounce of precious metal as provided in paragraph (a)(2) of this clause, and then divided by the total number of end items (which contain precious metal) being procured.

(ii) If the GF precious metal provided does not meet the purity standard specified in paragraph (b)(1) of this clause, or if the purity standard of the GF precious metal is not adequate for the Contractor's use, the Contractor shall, upon receipt of the GF precious metal, notify the Administrative Contracting Officer (ACO) of such fact. If the ACO directs the Contractor to return the GF precious metal, the contract unit price shall be increased by an amount computed based on the amount of GF precious metal returned, multiplied by the dollar value of a troy ounce of precious metal as provided in paragraph (a)(2) of this clause, and then divided by the total number of end items (which contain precious metal) being procured.

(6) The Contractor shall establish and maintain property control records, either manual or automated, in a manner that adequately reflects and maintains accountability for the amount of GF precious metal for which it is accountable, in accordance with FAR 52.245-1(f)(1). These Contractor-maintained records shall be the official contract property record. If any GF precious metal is in the possession of a Subcontractor, the prime Contractor shall bear the responsibility of ensuring that adequate records are created and maintained by the subcontractor in accordance with this requirement and FAR 52.245-1.

(7) Use of Government-furnished precious metal: When authorized by the Contracting Officer in accordance with FAR 52.245-1(c)(1), the GF precious metal provided under this contract may be commingled with the Contractor's property and used in the manufacture of items or supplies.

(8) Risk of loss: The Government shall at all times have title to GF precious metal in the Contractor's possession in a quantity equal to that supplied as Government-Furnished property, less the quantity contained in the item(s) already delivered to the Government. Unless otherwise provided in this contract, the Contractor assumes the risk of, and shall be responsible for, any loss of or damage to GF precious metal provided under this contract upon delivery of the precious metal to the plant specified by the Contractor in subparagraph (b)(4)of this clause. The Contractor shall be responsible for delivery of GF precious metal to the Government in the quantity supplied as Government-furnished property, less the quantity contained in the end items already delivered to the Government, computed based on the amount of precious metal in each end item, multiplied by the total number of end items (that contain GF precious metal) already delivered to the Government.

(9) Access: The Government, and any persons designated by it, shall at all reasonable times have access to the premises wherein any GF precious metal is located, and to the Contractor-maintained property control records as required in paragraph (b)(6) of this clause, for the purpose of inspecting the Government property and any records pertaining thereto.

(10) Final accounting and disposition of GF precious metal: Upon completion of this contract, or at such earlier dates as may be fixed by the ACO, the Contractor shall submit, in a form acceptable to the ACO, inventory schedules covering the quantity of GF precious metal not consumed in the performance of the contract or not theretofore delivered to the Government in the end item(s), computed based on the total amount of GF precious metal furnished, less the total number of end items (which contain GF precious metal) delivered to the Government, and then multiplied by the amount of precious metal in each end item; and shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property, as may be directed by the ACO.

(11) Communications. All communications issued pursuant to this clause shall be in writing.

(12) The Contractor shall include this clause in any subcontract where the Contractor may furnish the subcontractor with GF precious metal provided to the Contractor pursuant to this clause.

(End of Clause)

52.208-9008 Evaluation of Offers for Items Containing Precious Metals.

As prescribed in 8.7305(a)(2), insert the following provision:

EVALUATION OF OFFERS FOR ITEMS CONTAINING PRECIOUS METALS (MAR 2012)

(a) The Offeror shall submit two prices for each contractually deliverable item containing precious metal: one based on Government-furnished (GF) precious metal and one based on Contractor-furnished precious metal. Failure of the Offeror to submit two prices may result in a determination that the offer is unacceptable. The cost of GF precious metal stated in 52.208-9007(a)(2) will be considered in evaluating offered prices based on the Government furnishing precious metal. Award will be made for the price determined to be in the best interest of the Government, except that use of GF precious metal is mandatory when the quantity required is one hundred (100) troy ounces or more.

(b) If it is deemed in the best interest of the Government to provide GF precious metal, which for the purposes of this provision is defined as [Contracting Officer to insert type of precious metal], the accepted offered price will be that which does not include the cost of Contractor-furnished precious metal.

(c) Subject to the Government's approval, the quantity of GF precious metal to be furnished will be determined by the offeror’s precious metal requirement as indicated in paragraph (b) of the clause at DFARS 252.208-7000 of its offer (see Section M). The Government estimates a total of [Contracting Officer to insert number] troy ounces of precious metal are needed to produce all the end items being procured. This estimate is based on the amount of precious metal in each end item (as indicated by the end item percentage of precious metal cited in the procurement item description, Government specification, or other technical data), multiplied by the total number of end items (which contain precious metal) to be delivered under the contract.

(End of Provision)

52.209-9000 Qualified Products List (QPL) Connector Assemblies and QPL Electrical Contacts.

As prescribed in 9.203(a)(90), insert the following clause:

QUALIFIED PRODUCTS LIST (QPL) CONNECTOR ASSEMBLIES AND QPL ELECTRICAL CONTACTS (NOV 2011)

(a) 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 QPLs.

(b) 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)’ part number (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 (ALRE).

As prescribed in 9.290(a) insert the following provision:

SOURCE APPROVAL – AIRCRAFT LAUNCH AND RECOVERY EQUIPMENT (ALRE)

(NOV 2011)

(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 (NAWC) Aircraft Division Lakehurst. The criteria and procedures for source approval is contained in Part I of the Naval Inventory Control Point (NAVICP) Philadelphia 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 ◊ NAVICP ◊ Business Opportunities ◊ Commodities ◊ 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 United States (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) (NOV 2011)

(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/quantities 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 DLA Troop Support, Directorate of Medical Materiel Laboratory, attention: Code MQA, 700 Robbins Avenue, Philadelphia, Pennsylvania 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 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 - National Industries for the Blind (NIB) and National Industries for the Severely Handicapped (NISH).

As prescribed in 9.404-90, insert the following clause:

SOURCES FOR CLOTHING/TEXTILE COMPONENTS – NATIONAL INDUSTRIES FOR THE BLIND (NIB) AND NATIONAL INDUSTRIES FOR THE SEVERELY HANDICAPPED (NISH) (NOV 2011)

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)

(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 and Quantity | Name and Address of Supplier | Address of Manufacturer

(End of Provision)

52.209-9012 Qualified Suppliers List for Manufacturers/Qualified Suppliers List for Distributors.

As prescribed in 9.203(a)(91), insert the following clause:

QUALIFIED SUPPLIERS LIST FOR MANUFACTURERS (QSLM)/QUALIFIED SUPPLIERS LIST FOR DISTRIBUTORS (QSLD) (NOV 2011)

The following is applicable only when Qualified Supplies List (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 DLA Troop Support 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 DLA Troop Support QSLM/QSLD general information website or by writing to:

Commander

DLA Troop Support

Building 3B

700 Robbins Avenue

Philadelphia, Pennsylvania 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 Qualified Products List/Qualified Manufacturers List (QPL/QML) Items.

As prescribed in 9.203(a)(92), insert the following clause:

COMPONENT QUALIFIED PRODUCTS LIST (QPL)/ QUALIFIED MANUFACTURERS LIST (QML) (NOV 2011)

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)

(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)

52.209-9015 Waiver - First Article Test – Simplified Acquisitions.

As prescribed in 9.306(c)(90)(i), insert the following clause:

WAIVER – FIRST ARTICLE TEST - SIMPLIFIED ACQUISITIONS (NOV 2011)

(a) The technical specifications for this item indicate that first article testing is required. However, in view of the small dollars involved in this acquisition and the increase in delivery time and considerable cost to the Government required to perform and/or process first article testing, this procurement shall be limited to consideration of offers for items produced by the sources identified below (except as specified in paragraph (b)), which are currently eligible for waiver of first article testing requirements. If the successful awardee offered an item produced by one of the sources identified below, the item supplied shall be of the same design and manufactured by the same method at the same facilities as the item previously approved.

[The Contracting Officer shall insert name(s) and commercial and Government entity (CAGE) code(s) of sources currently approved for waiver.]

(b) At the Government’s discretion, offers for items produced by sources other than those identified above may be considered for award, if supporting documentation is provided with the offer in accordance with 52.209-9019. [The offeror shall insert the required information in the space provided in 52.209-9019, attach documentation to quote, or provide documentation under separate cover to Contracting Officer].

(End of Clause)

52.209-9016 Evaluation of Offers – First Article Testing.

As prescribed in 9.306(i)(90), insert the following provision:

EVALUATION OF OFFERS – FIRST ARTICLE TESTING (MAR 2009)

The cost to the Government for first article testing shall be a factor in evaluating offers. The Government’s testing cost will be added to the offered price of the applicable item. Unless cited elsewhere in this solicitation, the testing cost is shown below:

Item | Government testing cost
| $
| $

(End of Provision)

ALTERNATE I (MAR 2009) As prescribed at 9.306(i)(91), insert the following paragraph in lieu of the basic provision:

The cost to the Government to review the Contractor’s first article test report shall be a factor in evaluating offers. The Government’s review cost will be added to the offered price of the applicable item. Unless cited elsewhere in this solicitation, the costs are as follows: $200.00 for an internal review plus $950.00 for each engineering support activity (ESA) review. ESA reviews are required if the items being acquired are identified as critical application items or critical safety items.

52.209-9017 First article – Contractor Testing – Additional Requirements.

As prescribed in 9.308-1(a)(91)(ii)(A), insert the following clause:

FIRST ARTICLE – CONTRACTOR TESTING – ADDITIONAL REQUIREMENTS (NOV 2011)

(a) For the lots/items identified in this contract as requiring “Contractor First Article Test (FAT) (including test report)” in accordance with the clause at Federal Acquisition Regulation (FAR) 52.209-3, the Contractor shall –

(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be tested, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified; and

(2) Provide all facilities, equipment and personnel required to perform the examination and evaluation of the first article when first article testing will be conducted at the Contractor's plant. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article or the required facilities, equipment or personnel, at the time the Contractor advised the testing would take place (see paragraph (a) of the clause at FAR 52.209-3).

(3) Prepare and disseminate the FAT report as follows:

(i) Prepare the test report in accordance with data item description DI-NDTI-80809B, entitled, “Test/Inspection Report;”

(ii) Mark the test report, “First article test report – Contract number: [Contractor insert Contract number] and lot/item number: [Contractor insert lot/item number];”

(iii) Present the test report to the inspecting activity quality assurance representative (QAR) for review. The QAR will –

(A) Prepare recommendations;

(B) Countersign the first article report;

(C) Forward two copies to the Contracting Officer at the buying activity; and

(D) Provide notification by e-mail, including award number, National Stock Number (NSN), and additive contract Line-item (CLIN) number, and provide copy of award, if not available in Electronic Document Access (EDA), to the Contracting Officer and to:

(1) For awards issued by DLA Land and Maritime

DLA Land and Maritime FAT Monitor, BPI

Post Office (P. O.) box 3990

Columbus, Ohio 43218-3990

(2) For awards issued by DLA Troop Support:

(i) DLA Troop Support

Attention: First Article Testing Monitor

Building 3

700 Robbins Avenue

Philadelphia, Pennsylvania 19111; or

(ii) For acquisitions of Clothing and Textile (C&T) items, Medical and Subsistence items, and Meal, Ready-To-Eat (MRE) and Tray Pack Items, the Contracting Officer, who acts as FAT/Testing Monitor;

(3) For awards issued by DLA Aviation:

DLA Aviation

Test Coordinator Office

8000 Jefferson Davis Highway

Richmond, Virginia 23297-5516

(4) For awards issued by Naval Surface Warfare Center, Carderock Division:

Commanding Officer

Naval Surface Warfare Center

Code 954, Building 77L,

Philadelphia Business Center, Carderock Division

Philadelphia, Pennsylvania 19112-5083

Telephone: (215) 897-1146

(5) For awards issued by Naval Sea Systems Command, Washington Navy Yard:

Commander

Naval Sea Systems Command, Sea 05M3

1333 ISAAC Hull Avenue, SE Stop 5160

Washington Navy Yard, District of Columbia (DC) 20376-5160

Telephone: (202) 781-3729

(iv) Submit the First Article Test Report to the Government activity specified in the contract within the number of calendar days from date of contract (or date of first delivery order, for indefinite delivery contracts) specified in the contract; accompanied by –

(A) Department of Defense (DD) Form 250, Material Inspection and Receiving Report, signed by the QAR and indicating Contract Quality Assurance was accomplished prior to signing the DD Form 250; and

(B) Contractor’s certification that the same processes and facilities used to manufacture the first article units will be used to manufacture the production units; and

(4) Pay all costs incurred for transportation of first article samples and test reports under this contract; and, if applicable, any costs of manufacturing and re-testing additional first articles, and administrative costs to the Government for re-procurement.

(b) The Contractor shall enter an offered price in the CLIN for “Contractor First Article Test (FAT) (including test report)” that includes all costs associated with the production and testing of the first articles and the preparation of the First Article Test Report. Offers that do not cite a separate price for the “Contractor First Article Test (FAT) (including test report)” CLIN, or do not specify there is a separate charge for the “Contractor First Article Test (FAT) (including test report)” shall be evaluated under the presumption that there is no separate charge for the production and testing of the first articles and the preparation of the First Article Test Report.

(End of Clause)

ALT I (NOV 2011) As prescribed in 9.308-1(a)(91)(ii)(A)(1), add the following paragraphs (c)(1)-(2) to in the basic clause:

(c)(1) Notice to Contractor: The Defense Contract Management Agency (DCMA) Administrative Contracting Officer (ACO) is delegated (in accordance with Federal Acquisition Regulation (FAR) 42.202(c)) the authority to approve/disapprove the First Article Test Report submitted in accordance with the requirements in this contract (52.209-9017 and FAR 52.209-3). Any reference to the Contracting Officer as it relates to submission of and approval/disapproval of the FAT Report shall be deemed to mean the DCMA ACO.

(2) Notice to ACO: The DCMA ACO shall forward a copy of the First Article Test Report and the DCMA ACO’s letter of approval/disapproval to the Contracting Officer at the buying activity and to the buying activity test coordinator (see paragraph (a)(3)(iii)(D) of this clause.

ALT II (NOV 2011) As prescribed in 9.308-1(a)(91)(ii)(A)(2), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause. The Contracting Officer shall complete the fill-ins in paragraph (a)(2)(ii) with information in the Material Master, Product Assurance tab.

(a)(2)(i) Provide written notice to the Contracting Officer and the inspecting activity quality assurance representative (QAR) of the date, time, and location when the first articles will be manufactured and tested. The Contractor shall provide this notice in accordance with the time frame specified in the contract (see paragraph (a) of the clause at Federal Acquisition Regulation (FAR) 52.209-3). The QAR shall witness the production and testing of the first articles. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article units, or required facilities, equipment or personnel, at the time the Contractor specified in its notice to the Government. The same criteria for the acceptance of a Certificate of Compliance for the components of the entire contract quantity shall apply to the acceptance of the first article components, unless specifically stated otherwise. Materials used in fabrication of first articles shall be in strict conformity with the applicable specification of the contract, unless the Contracting Officer authorizes otherwise. In the event of a conflict between the applicable specification and the first article, the specification shall prevail. Prior to the approval of the first article, the Contractor shall not initiate any cutting or otherwise use any Government-furnished property beyond that required for the first article quantities.

(a)(2)(ii) The first article will be approved [the Contracting Officer shall indicate appropriate provision below]:

[____] After inspection indicates that it meets the contractual requirements. The inspection shall be conducted on a sample drawn in accordance with contractual requirements.

[____] If the examination indicates one of the following, whichever is applicable:

(1) No dimensional defect is found nor are more than 10% of the units examined found to contain major or minor "A" defects; or

(2) No dimensional defect is found nor are more than 10% of units examined found to contain 3 or 2 point defects; or

(3) When the classification of defects contains only major or minor defects or only one class of defects, and no dimensional defect is found nor more than 10% of the units examined found to contain a defect.

[____] Other:

(a)(2)(iii) In the event the Government determines that, as a basis for granting conditional first article approval, a corrective action plan is needed to confirm that first article deficiencies are readily correctable in production, the Contracting Officer will notify the Contractor, in writing, of the requirement to submit such plan to the Contracting Officer within ten (10) working days after receipt of the Government notification. The corrective action plan must clearly detail how the Contractor intends to correct cited deficiencies. Should there be insufficient time to obtain a corrective action plan and comply with the timeframe allotted for notification of the Contractor of first article acceptability by the Government, the Contracting Officer shall request from the Contractor an extension to the time period for first article approval. In the event the Contractor (1) does not submit the corrective action plan within the ten (10) working day timeframe, (2) refuses to extend the stated time period for first article approval, or (3) submits an otherwise unacceptable plan, and the deficiencies are such that the Government cannot determine them to be readily correctable without further proof from the Contractor, then the Government shall take action to disapprove the first article.

ALT III (SEP 2008) As prescribed in 9.308-1(a)(91)(ii)(A)(3), add the following paragraph (a)(3)(v) to the basic clause:

(a)(3)(v) Comply with the following terms for disposition of first articles [Contracting Officer shall complete appropriate fill-in]:

[____] The Contractor shall hold at least one approved first article unit at the production facility until all production quantities have been produced and accepted. (In the case of indefinite delivery contracts, the Contractor shall hold the first article unit until final production run has been approved and accepted on the first delivery order.) This first article unit shall be considered a production guide or manufacturing standard if defects are reported on delivered material or problems are encountered production.

[____] The Contractor shall retain all first article units as production standards. The Contractor shall not submit the first article units for acceptance as part of the order quantity.

[____] Other: __________________________________________________________

ALT IV (SEP 2008) As prescribed in 9.308-1(a)(91)(ii)(A)(4), insert the following paragraph (a)(1) in lieu of paragraph (a)(1) in the basic clause:

(a)(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be tested, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified. Until notification of first article test is received, the aggregate amount of progress payments applicable to manufacturers of the first article test sample shall be limited to [Contracting Officer shall complete appropriate fill-in]:

[____] $__________

[____] ____% of the total contract price.

ALT V (NOV 2011) As prescribed in 9.308-1(a)(91)(A)(5), insert the following paragraph (a)(2) in lieu of paragraph (a)(2) in the basic clause.

(a)(2) Provide advance written notice at least fourteen (14) calendar days (or as otherwise specified in the contract) to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR) of the date, time, and location when the first articles will be manufactured and tested; so that the QAR may witness the tests. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article units, or required facilities, equipment or personnel, at the time the Contractor specified in its notice to the Government (see paragraph (a) of the clause at Federal Acquisition Regulation (FAR) 52.209-3).

52.209-9018 First Article - Government Test – Additional Requirements.

As prescribed in 9.308-2(a)(91)(ii)(A), insert the following clause:

FIRST ARTICLE – GOVERNMENT TEST – ADDITIONAL REQUIREMENTS (NOV 2011)

(a) For the lots/items identified in this contract as requiring Government first article test (FAT) in accordance with the clause at Federal Acquisition Regulation (FAR) 52.209-4, the Contractor shall—

(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be produced, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified.

(2) Provide all facilities, equipment and personnel required to perform the examination and evaluation of the first article units when first article testing will be conducted at the Contractor's plant. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article units or the required facilities, equipment or personnel, at the times specified in the above mentioned notice to the Contracting Officer.

(3)(i) At least fourteen (14) calendar days, or as otherwise specified in the contract, prior to the date when the Contractor will present the first articles to the quality assurance representative (QAR) for inspection to determine compliance with specification requirements, provide written notice to:

(A) The Contracting Officer;

(B) The QAR; and

(C) The following:

(1) For awards issued by DLA Land and Maritime:

DLA Land and Maritime

FAT Monitor, BPI

Post office (P. O.) box 3990

Columbus, Ohio 43218-3990;

(2) For awards issued by DLA Troop Support:

(i) DLA Troop Support

Attention: First Article Testing Monitor

Building 3

700 Robbins Avenue

Philadelphia, Pennsylvania 19111; or

(ii) For acquisitions of Clothing and Textile (C&T) items; Medical and Subsistence items; and Meal, Ready-To-Eat (MRE) and Tray Pack Items, the Contracting Officer, who acts as FAT/Testing Monitor;

(3) For awards issued by DLA Aviation:

DLA Aviation

Test Coordinator Office

8000 Jefferson Davis Highway

Richmond, Virginia 23297-5516

(4) For awards issued by Naval Surface Warfare Center, Carderock Division:

Commanding Officer

Naval Surface Warfare Center

Code 954, Building 77L

Philadelphia Business Center, Carderock Division

Philadelphia, Pennsylvania 19112-5083

Telephone: (215) 897-1146

(5) For awards issued by Naval Sea Systems Command, Washington Navy Yard:

Commander

Naval Sea Systems Command

Sea 05M3, 1333 ISAAC Hull Avenue, SE Stop 5160

Washington Navy Yard, District of Columbia (DC) 20376-5160

Telephone: (202) 781-3729

(ii) When first article units are presented to the QAR, provide the Contractor’s certification that the same processes and facilities used to manufacture the first article units shall be used to manufacture the production units.

(iii) Prior to shipping the first article units to the Government testing facility specified in paragraph (a) of the clause FAR 52.209-4 (or resubmitting any first article units after conditional approval or disapproval by the Government testing facility), obtain a statement from the QAR that the first article units have been inspected and determined to comply with the specification requirements.

(4) Prepare shipping containers for first article units in accordance with the following:

(i) Exterior marking and shipping documentation.

(A) Mark packages containing first article units in bold letters, below and to the left of the address, as follows: “First Article Exhibits: Contract Number [Contractor insert] and Lot/Item Number [Contractor insert];” and

(B) Use a hard copy of the Department of Defense (DD) Form 250 as a packing list on the exterior of the shipping container, in accordance with military standard (MIL-STD) 129, paragraph 5.3, Exterior Container Documentation.

(ii) Interior documentation requirements. Include the following with all shipments of first article units:

(A) Hard copies of the Statement of Inspection and DD Form 250, signed by the QAR;

(B) Copy of the contract, or those portions of the contract that pertain to the Government First Article Test (FAT) requirements;

(C) Copies of test reports, showing actual results;

(D) Material certifications;

(E) Process operations sheets;

(F) Copies of drawings used to manufacture the first article units. (Contractor may mark documents, as appropriate, to restrict from public disclosure and/or from Government use other than for evaluation);

(G) Contractor’s certification that the same processes and facilities used to manufacture the first article units shall be used to manufacture the production units;

(H) Documents required under a contract deliverables requirements list, if applicable; and

(I) Any other documentation required by the contract;

(5)(i) Send all first article units by traceable means (e.g., certified or registered mail, United Parcel Service, Federal Express, etc.).

(ii) At the time first article units are shipped, provide copies of the signed DD Form 250, the QAR Statement of Inspection, and transportation tracking information to the—

(A) Contracting Officer; and

(B) Points of contact identified at paragraph (a)(3)(i)(C) of this clause.

(6) Submit first articles to the Government testing facility identified in paragraph (a) of the clause at FAR 52.209-4, within the number of calendar days from date of contract as specified in paragraph (a) of the clause at FAR 52.209-4; and

(7) Pay all costs incurred for transportation of first article units under this contract; and, if applicable -

(i) Costs of manufacturing and re-testing additional first articles; and

(ii) Administrative costs for re-procurement by the Government.

(b) The Contractor shall enter an offered price in the contract line-item (CLIN) for “Government First Article Test (FAT)” that includes all costs associated with the production and testing of the first articles. Offers that do not cite a separate price for the “Government First Article Test (FAT)” CLIN, or do not specify there is a separate charge for the “Government First Article Test (FAT)”, shall be evaluated under the presumption that there is no separate charge for producing and testing the first article units.

(c) Upon completion of the first article testing, the Government test facility will submit its report of testing in duplicate) to the Contracting Officer and to the points of contact identified at paragraph (a)(3)(i)(C) of this clause.

(d) If first article units are conditionally approved or disapproved, the Government shall take action in accordance with the clause at FAR 52.209-4.

(1) Final disposition of conditionally approved or disapproved first article units is determined at the discretion of the Government.

(2)(A) Disapproved first article units may be returned to the Contractor at the Government’s discretion, if the Contractor submitted the following information to the Contracting Officer and to the points of contact identified at paragraph (a)(3)(i)(C) of this clause within fifteen (15) calendar days after receiving notification of disapproval of the first article unit:

(1) Contractor’s complete “Ship To” address;

(2) Name of Contractor’s point of contact (POC)/addressee;

(3) Phone number of Contractor’s POC; and

(4) Transportation cost codes (e.g., Contractor’s FED-EX, DHL, UPS shipping account numbers, etc.).

(B) In the event the Contractor fails to provide the information required above, the Agency may, at its discretion, dispose of the material.

(End of Clause)

ALT I (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(B), insert the following paragraph (a)(2) in lieu of paragraph (a)(2) in the basic clause:

(a)(2) Provide written notice to the Contracting Officer and the cognizant quality assurance representative (QAR) at least fourteen (14) calendar days, or as otherwise specified in the contract, prior to manufacture of the first articles, to accommodate an in-process verification of the first article manufacture by the QAR. Provide all facilities, equipment and personnel required to perform the examination and evaluation of the first article units when first article testing will be conducted at the Contractor's plant. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article units or the required facilities, equipment or personnel, at the times specified in the above mentioned notice to the Contracting Officer.

ALT II (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(C),insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause. The Contracting Officer shall complete the fill-ins in paragraph (a)(2)(ii) with information in the material master, product assurance tab.

(a)(2)(i) At least fourteen (14) calendar days (or as otherwise provided in the contract) prior to the manufacture and testing of the first article units, provide written notice to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR). The QAR shall witness the production and testing of the first articles. The same criteria for the acceptance of a Certificate of Compliance for the components of the entire contract quantity shall apply to the acceptance of the first article components unless specifically stated otherwise. Materials used in fabrication of first articles shall be in strict conformity with the applicable specification of the contract unless the Contracting Officer authorizes otherwise. In the event of a conflict between the applicable specification and the first article, the specification shall prevail. Prior to the approval of the first article, the Contractor shall not initiate any cutting or otherwise use any Government-furnished property beyond that required for the first article quantities.

(a)(2)(ii) The first article will be approved [Contracting Officer shall complete appropriate fill-in below]:

[____] After inspection indicates that it meets the contractual requirements. The inspection shall be conducted on a sample drawn in accordance with contractual requirements.

[____] If the examination indicates one of the following, whichever is applicable:

(1) No dimensional defect is found nor are more than 10% of units examined found to contain major or minor "A" defects; or

(2) No dimensional defect is found nor are more than 10% of units examined found to contain 3 or 2 point defects; or

(3) When the classification of defects contains only major or minor defects or only one class of defects, and no dimensional defect is found nor are more than 10% of the units examined found to contain a defect.

[____] Other: ____________________________________________________________

(a)(2)(iii) In the event the Government determines that, as a basis for granting conditional first article approval, a corrective action plan is needed to confirm that first article deficiencies are readily correctable in production, the Contracting Officer will notify the Contractor, in writing, of the requirement to submit such plan to the Contracting Officer within ten (10) working days after receipt of the Government notification. The corrective action plan must clearly detail how the Contractor intends to correct cited deficiencies. Should there be insufficient time to obtain a corrective action plan and comply with the timeframe allotted for notification of the Contractor of first article acceptability by the Government, the Contracting Officer shall request from the Contractor an extension to the time period for first article approval. In the event the Contractor (1) does not submit the corrective action plan within the ten (10) working day timeframe, (2) refuses to extend the stated time period for first article approval or (3) submits an otherwise unacceptable plan and the deficiencies are such that the Government cannot determine them to be readily correctable without further proof from the Contractor, then the Government shall take action to disapprove the first article.

ALT III (NOV 2011) As prescribed in 9.308-2(a)(91)(ii)(D), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause:

(a)(2)(i) At least fourteen (14) calendar days (or as otherwise provided in the contract) prior to the manufacture and testing of the first article unites, provide written notice to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR). The QAR shall witness the production and testing of the first articles. The same criteria for the acceptance of a Certificate of Compliance for the components of the entire contract quantity shall apply to the acceptance of the first article components unless specifically stated otherwise. Materials used in fabrication of first articles shall be in strict conformity with the applicable specification of the contract unless the Contracting Officer authorizes otherwise. In the event of a conflict between the applicable specification and the first article, the specification shall prevail. Prior to the approval of the first article, the Contractor shall not initiate any cutting or otherwise use any Government-furnished property beyond that required for the first article quantities.

(a)(2)(ii) For medical devices requiring FDA approval, all documentation, to include first article examination and testing reports, shall be submitted to the following at least ten (10) calendar days prior to presentation of the first article:

(A) Food and Drug Administration

Medical Products Quality Assurance Staff

Device Section (HFC-122)

5600 Fisher Lane

Rockville, Maryland 20857;

(B) Food and Drug Administration

Analytical Center

109 Holton Street

Winchester, Massachusetts 01890; and

(C) DLA Troop Support

Directorate of Medical Materiel

Quality Assurance Division (MQ)

700 Robbins Avenue

Philadelphia, Pennsylvania 19111-5092

(a)(2)(iii) In the event the Government determines that, as a basis for granting conditional first article approval, a corrective action plan is needed to confirm that first article deficiencies are readily correctable in production, the Contracting Officer will notify the Contractor, in writing, of the requirement to submit such plan to the Contracting Officer within ten (10) working days after receipt of the Government notification. The corrective action plan must clearly detail how the Contractor intends to correct cited deficiencies. Should there be insufficient time to obtain a corrective action plan and comply with the timeframe allotted for notification of the Contractor of first article acceptability by the Government, the Contracting Officer shall request from the Contractor an extension to the time period for first article approval. In the event the Contractor (1) does not submit the corrective action plan within the ten (10) working day timeframe, (2) refuses to extend the stated time period for first article approval or (3) submits an otherwise unacceptable plan and the deficiencies are such that the Government cannot determine them to be readily correctable without further proof from the Contractor, then the Government shall take action to disapprove the first article.

ALT IV (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(E), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause:

(a)(2)(i) At least fourteen (14) calendar days (or as otherwise provided in the contract) prior to the manufacture and testing of the first article unites, provide written notice to the Contracting Officer and the Inspecting Activity Quality Assurance Representative (QAR). The QAR shall witness the production and testing of the first articles. The same criteria for the acceptance of a Certificate of Compliance for the components of the entire contract quantity shall apply to the acceptance of the first article components unless specifically stated otherwise. Materials used in fabrication of first articles shall be in strict conformity with the applicable specification of the contract unless the Contracting Officer authorizes otherwise. In the event of a conflict between the applicable specification and the first article, the specification shall prevail. Prior to the approval of the first article, the Contractor shall not initiate any cutting or otherwise use any Government-furnished property beyond that required for the first article quantities.

(a)(2)(ii) This acquisition is for Meal, Ready-To-Eat (MRE), and Tray Pack Items. In addition to any other requirements in this clause that apply, samples of first article production, for examination and testing, will be randomly selected by the USDA employee in the quantity required by the quality assurance provisions of the item specification. In addition, the USDA employee will randomly select and hold 270 samples for use by USDA and 32 more samples for use by Natick. Once the USDA passes the lot for all examination and test requirements as specified in the item specification, the set of 32 samples will be forwarded to Natick for evaluation of overall appearance and palatability. Should the Contractor at any time plan to, or actually produce the product using different raw material or process methodologies from the approved first article, the Contractor shall arrange for a new or additional first article sample approval. Any resubmission of first article samples shall be in accordance with the above. In any event, all product produced under this contract must meet all requirements of the specification, including first article comparison.

(a)(2)(iii) In the event the Government determines that, as a basis for granting conditional first article approval, a corrective action plan is needed to confirm that first article deficiencies are readily correctable in production, the Contracting Officer will notify the Contractor, in writing, of the requirement to submit such plan to the Contracting Officer within ten (10) working days after receipt of the Government notification. The corrective action plan must clearly detail how the Contractor intends to correct cited deficiencies. Should there be insufficient time to obtain a corrective action plan and comply with the timeframe allotted for notification of the Contractor of first article acceptability by the Government, the Contracting Officer shall request from the Contractor an extension to the time period for first article approval. In the event the Contractor (1) does not submit the corrective action plan within the ten (10) working day timeframe, (2) refuses to extend the stated time period for first article approval or (3) submits an otherwise unacceptable plan and the deficiencies are such that the Government cannot determine them to be readily correctable without further proof from the Contractor, then the Government shall take action to disapprove the first article.

ALT V (NOV 2011) As prescribed in 9.308-2(a)(91)(ii)(F), insert the following paragraph (a)(2)(i)-(ii) in lieu of paragraph (a)(2) in the basic clause:

(a)(2)(i) Military standard (MIL-STD) 1525B (USAF) applies. Laboratory testing of items will be performed on samples of materials selected and submitted by a Government Quality Assurance Representative (QAR) in accordance with paragraph 5.2 of MIL-STD-1525B (USAF). Such samples, along with a copy of the Contractor’s test report(s) for the lot of material represented by the sample, shall be packed, marked and shipped by the Contractor to:

77AESG

648AESS/TAT

Attention: First Article/Textile Monitor

7980 Lindbergh Landing (Building 578)

Brooks City Base, Texas 78235-5119

(a)(2)(ii) The Contractor shall submit initial textile samples with a Department of Defense (DD) Form 1222, Request for and Results of Tests. If the textile sample is disapproved, the Contractor, upon Government request, shall resubmit within the time period specified textile samples from a different lot for testing. Samples shall not be submitted from a failed lot without prior Government coordination and approval.

ALT VI (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(G), insert the following paragraphs (a)(1)(i)-(ii) in lieu of paragraph (a)(1) in the basic clause:

(a)(1)(i) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be tested, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified; and

(a)(1)(ii) The following terms apply regarding disposition of first article units [Contracting Officer shall complete appropriate fill-in]:

[____] The Contractor shall hold at least one approved first article unit at the production facility until all production quantities have been produced and accepted. (In the case of indefinite delivery contracts, the Contractor shall hold the first article unit until final production run has been approved and accepted on the first delivery order.) This first article unit shall be considered a production guide or manufacturing standard if defects are reported on delivered material or problems are encountered during production.

[____] The Contractor shall retain all first article units as production standards. The Contractor shall not submit the first article units for acceptance as part of the order quantity.

[___] The Government shall retain all first article units.

[___] The Government shall retain all the first article units; except that at least one approved first article unit shall be returned by the Government and retained by the Contractor at the production facility until all production quantities have been produced and accepted. This first article unit shall be considered a production guide or manufacturing standard if defects are reported on delivered material or problems are encountered during production.

[___] The Government shall not return the first articles to the Contractor, because the items shall be subjected to destructive testing.

[____] Other: ___________________________________________________________

ALT VII (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(H), insert the following paragraph (a)(1) in lieu of paragraph (a)(1) in the basic clause:

(a)(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be tested, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified. Until notification of first article test is received, the aggregate amount of progress payments applicable to manufacturers of the first article test sample shall be limited to [Contracting Officer shall complete appropriate fill-in]:

[____] $__________

[____] ____% of the total contract price.

ALT VIII (NOV 2011) As prescribed in 9.308-2(a)(91)(ii)(I), insert the following paragraphs (b)(1)-(2) in lieu of paragraph (b) in the basic clause:

(b)(1) The Contractor shall enter an offered price in the contract line-item (CLIN) for “Government First Article Test (FAT)” that includes all costs associated with the production and testing of the first article units. Offers that do not cite a separate price for the “Government First Article Test (FAT)” CLIN, or do not specify there is a separate charge for the “Government First Article Test (FAT)” CLIN,” shall be evaluated under the presumption that there is no separate charge for manufacturing and testing the first article units.

(2) The Government may determine that a quote is unacceptable if the prices proposed for first articles and first article tests are materially unbalanced in relation to production quantities. A quote is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and there is reasonable doubt that the quote will result in the lowest overall cost to the Government, even though it may be the low evaluated quote; or it is so unbalanced as to be tantamount to allowing an advance payment.

52.209-9019 Requests for Waiver of First Article Testing Requirements.

As prescribed in 9.306(c)(1), insert the following clause:

REQUESTS FOR WAIVER OF FIRST ARTICLE TESTING REQUIREMENTS (SEP 2008)

(a) The Government reserves the right to waive the first article testing requirement when all the following criteria are met [Offeror shall insert information in space provided below, attach documentation to offer, or provide under separate cover to Contracting Officer.]

(1)(i) Source has manufactured the product within the last five (5) years; or

(ii) Identical or similar supplies were previously furnished by the Offeror within the past three (3) years and approved by the Government:

(A) Contract Number(s):

Date(s):

Issuing Government Agency or Agencies:

(B) Item previously furnished, identified by part number, type, model number, etc.):

(C) Engineering control document/change number of item previously furnished:

(2) There have been no changes to manufacturing processes, tooling, or locations;

(3) There have been no changes to manufacturing data (e.g., drawing revisions that change materials, dimensions, processes, inspection or testing requirements; or subcontractors used to manufacture the items successfully in the past);

(4) There has been no adverse quality history for the material manufactured in the last three (3) years; and

(5) Item supplied will be of same design and manufactured by same method at same facilities as item previously approved.

(b) Alternative prices. Offerors who ask to be considered for a waiver of the first article testing requirement may provide alternative offered prices. [Offeror shall insert information in space provided below, attach documentation to offer, or provide under separate cover to Contracting Officer.] An alternative offered price will not be a factor in evaluation for award, unless the Government determines to waive the first article testing requirement for the prospective Contractor involved. If no alternative prices are offered, evaluation shall be based on pricing as shown elsewhere in the offer.

Alternative Prices Offered If First Article Testing Requirement Is Waived:

Item Number:

Price:

(End of Clause)

Alternate I (JUL 2008) As prescribed in 9.306(c)(2)(i), use the following paragraph (b) instead of paragraph (b) in the basic clause at 52.209-9019, and renumber paragraphs (b)-(d) in the basic clause as (c)-(e), respectively:

“(b) When the clause at 52.209-9021, Drawing Approval Prior to Production, applies, the requirement for first article approval test shall not be waived prior to award; unless a waiver is granted for submission of drawings (see 52.209-9021(h)). If a waiver is granted, see 52.209-9021(i) for reduction(s) in delivery schedule(s) that shall apply, in addition to whatever reduction(s) in delivery schedule(s) that may apply pursuant to 52.211-9019, Reduced Delivery Schedule Applies When First Article Testing Requirements Are Waived.”

Alternate II (FEB 2010) As prescribed in 9.306(c)(1)(ii), insert the following paragraphs (a)-(b) in lieu of the basic clause:

(a) For items from suppliers which are identical or similar to items previously furnished to the Government, which were acceptable in all respects, the requirements for first article(s) may be waived by the Government.

(b) Offerors having evidence which they believe to substantiate a Government waiver of the First Article requirements should furnish the following information with the offer:

Contract Number | Part Number/ Date Or Revision | Date First Article Approved

52.209-9020 First Article Testing Requirement – Waiver Approved.

As prescribed in 9.308-1(a)(93)(iii)(A) and 9.308-2(a)(93)(ii)(A), insert the following clause:

FIRST ARTICLE TESTING REQUIREMENT – WAIVER APPROVED (SEP 2008)

First article testing requirements are waived for this procurement. Item supplied must be of same design and manufactured by same method at same facilities as item previously approved.

(End of Clause)

52.209-9021 Drawing Approval Prior To Production.

As prescribed in 9.306(c)(2)(ii), insert the following clause. Complete the fill-ins with information from the Material Master, Product Assurance tab:

DRAWING APPROVAL PRIOR TO PRODUCTION (NOV 2011)

(a) The Contractor shall forward [Contracting officer shall insert number of copies required] copies of the drawings required by specification [Contracting Officer shall insert title; number; and date of specification] to the Government agency identified below within 30 calendar days of the date the contract is awarded: [Contracting officer shall insert name of Government agency and mailing address in space provided below.}

Government agency:

Mailing address:

(b) The Contractor shall submit a copy of any letter forwarding drawings to another Government agency to the Contract Administrator (see “Issued By” block on page 1 of award document). Such letter shall cite the contract number to which the drawings are applicable.

(c) By written notice to the Contractor within 45 calendar days from receipt of the drawings, the Government shall either accept, conditionally accept, or disapprove the drawings. Notice of acceptance or conditional acceptance shall not relieve the Contractor from complying with all requirements of the specification and all other provisions of the contract. A notice of conditional acceptance shall state any further action required of the Contractor.

(d) Within 5 calendar days after receipt of written notice from the Government, the Contractor shall forward a copy of any correspondence from the approving agency and a cover letter citing the applicable contract number and the Defense Contract Management Agency (DCMA) office as cited on the contract; and to the Contract Administrator (see “Issued By” block on page 1 of award document).

(e) If the drawings are disapproved, the Government may terminate for default, as stipulated in paragraph (f) below; or may request the Contractor to submit revised drawings to the Government agencies identified in paragraph (a) of this clause within a time specified by the Government. In addition, the Government may require the submission or resubmission of other drawings and documents which may be required for reference. The Government shall take action with respect to the revised drawings within 10 calendar days of receipt thereof. The Government reserves the right to require an equitable reduction in the contract price for any extension of the delivery schedule(s) and/or any additional costs to the Government related to revised drawing submissions. The Contractor shall make no changes to any accepted drawings.

(f) If the Contractor fails to deliver any drawings as required by this clause within the time(s) specified by this clause, or if the Government disapproves any drawings, the Contractor shall be deemed to have failed to make delivery within the meaning of the "Default" clause of this contract; and this contract shall be subject to termination for default, provided that failure of the Government in such event to terminate this contract for default shall not relieve the Contractor of his responsibility to meet all other specified delivery dates.

(g) Before drawing approval, the acquisition of materials or components for, or the commencement of production of the first article (if required) and/or the contract quantity is at the sole risk of the Contractor. Before drawing approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements, if the contract is terminated for the convenience of the Government.

(h) The Government reserves the right to waive the requirement for submission of drawings and other data, as stated in paragraph (a) of this clause, upon receipt of satisfactory evidence that the Government has previously reviewed and approved identical drawings. Previous Government approval of drawings does not constitute waiver of any requirements set forth in this clause. Offerors who wish to request a waiver shall furnish evidence that prior Government approval is presently appropriate. This evidence shall include the contract(s) under which drawings for the identical item acquired in accordance with this specification were approved by the Government; a copy of the prior letter of approval; and any additional information as may be requested by the Contracting Officer. [Offeror shall insert information in space provided below, attach documentation to offer, or provide under separate cover to Contracting Officer.]

Prior Governmental acceptance of identical drawings

Contract number:

Contracting activity:

Contract date:

(i) If the Government waives the requirement for submission of drawings and other data as described in paragraph (a) of this clause, the delivery schedule for submission of the first article, if any, and the delivery schedule for the production quantity shall be reduced by the number of calendar days allotted for submission and acceptance of such drawings and data. The earlier delivery schedule(s) shall not be a factor in evaluation for award.

(End of Clause)

52.209-9022 Compatibility Testing Requirements.

As prescribed at 9.390, insert the following clause,

COMPATIBILITY TESTING REQUIREMENTS (SEP 2008)

(a) Compatibility testing is required and shall be performed by the Government.

(b) All units shall be sent by traceable means. If the material is going through the U. S. Postal Service, it shall be mailed as Certified or Registered mail with a notification of receipt registered.

(c) All transportation charges incurred in shipping compatibility units to and from Government facilities shall be paid by the Contractor.

(d) The Contractor shall immediately bring to the attention of the Contracting Officer any irregularity or discrepancy in specifications, drawings or test requirements. The specific problem must be identified in writing even though the initial communication, in the event of urgency, may be verbal. Any failure of the Contractor to act promptly in identifying contract specification problems, to request waivers or deviations, or to set forth the reasons for requesting action by the Government, which causes delays or prevents evaluation by the Government in a timely manner, shall be considered a delay attributable to the Contractor.

(e) When both first article testing and compatibility testing are required:

(1) The Contractor must successfully complete and receive approval of the first article test sample or the first article test report, as applicable, before compatibility testing commences. Before both first article approval and compatibility test approval, the acquisition of materials or components for, or commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor, and costs thereof shall not be allocable to this contract for (i) progress payments or (ii) termination settlements, if the contract is terminated for the convenience of the Government.

(2) If first article testing can or will result in the possibility of units being damaged or not being fully operational, the number of units required for compatibility testing will be in addition to the quantity required for first article testing and shall be from the same lot. If however, first article testing does not affect the operational capability nor damage the units, the first article units may be used to conduct compatibility testing.

(3) When different Government activities will be conducting the first article testing and the compatibility testing, the activity conducting the first article testing will, upon completion of the testing, return the units to the Contractor, who in turn will forward the units to the Government activity conducting the compatibility testing.

(4) After both first article testing and approval, the Government shall evaluate and test the compatibility test units for compliance to the contract requirements, including form, fit and function compatibility testing in the end item equipment. Units shall comply with any stated contract requirements and/or test parameters, if any, in addition to passing and/or complying with the form, fit and function compatibility testing.

(5) When both first article testing and compatibility testing are required and only the first article test units and/or first article test report are approved but the units fail compatibility testing, the Government has the right to terminate the contract for default. The Contractor shall be liable for all costs associated with the compatibility testing requirement.

(f) Conditions for waiver of compatibility testing:

(1) The Government reserves the right to waive the requirements for compatibility testing for those offerors of a product which:

(i) Has been previously accepted by the Government, and has not been found to be unsatisfactory;

(ii) Has previously met the compatibility testing requirements, has been accepted by the Government, and has not been found to be unsatisfactory; or

(iii) Has previously been approved by the original equipment manufacturer (OEM), providing the Offeror can demonstrate OEM approval and will certify it has no evidence of subsequent difficulty or disapproval by the OEM or any Government agency. (Note: Evidence of a prior purchase of test quantities by the OEM will not be considered acceptable evidence of approval.)

(2) Offerors who desire to be considered for waiver, including those previously approved, are to furnish the following information at time of offer under separate cover:

(i) Applicable contract numbers(s);

(ii) Previous purchaser (Government Agency);

(iii) Identity of item of production furnished (part number, type and model number, etc.);

(iv) Federal stock class of item furnished;

(v) Engineering control document and change number of item furnished;

(vi) Quantity and unit price of item furnished;

(vii) Evidence of prior qualification approval;

(viii) Evidence of subsequent difficulty or disapproval by the OEM or any Government agency, if applicable; and

(ix) Statement that the item offered will be of the same design and manufactured by the same methods and at the same facilities as the item previously approved.

(3) Material manufactured for stock by a manufacturer otherwise eligible for waiver of compatibility test requirements and manufactured subsequent to the time supplier achieved eligibility for said waiver need not be subjected to compatibility testing, provided the Offeror as a part of its offer (prior to opening time in the event of an advertised procurement) submits evidence establishing:

(i) The material was manufactured after the date the manufacturer received waiver of preproduction tests or was otherwise accepted by the Government as a qualified supplier without preproduction testing; and

(ii) The material was manufactured in accordance with the procurement data cited in the solicitation.

(End of Clause)

52.209-9023 Compatibility Testing Approval – Government Testing.

As prescribed in 9.390, insert the following clause:

COMPATIBILITY TESTING APPROVAL – GOVERNMENT TESTING (NOV 2011)

(a) The Contractor shall deliver [Contracting Officer insert number of units] units of Lot/Item [Contracting Officer insert Lot/Item number] within [Contracting Officer insert number of days] calendar days from the date of this contract to the Government at [Contracting Officer insert name and address of testing facility] for the purpose of compatibility testing.

(b) Any packages containing compatibility testing units shall be marked in bold letters, below and to the left of the address, as follows:

Compatibility units

Contract Number [Contractor insert contract number]

Lot/Item number: [Contractor insert Lot/Item number.].

(c) Within [Contracting Officer insert number of days] calendar days after the Government receives the units, the Contracting Officer shall notify the Contractor, in writing, of the results of compatibility testing, e.g., approval, conditional approval or disapproval. The notice of approval or conditional approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(d) If the units fail compatibility testing, the Contractor, upon Government request, shall submit additional units for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the units, or provide necessary changes, modifications, or repairs to the units, or provide other units for testing. All costs related to these tests are to be borne by the Contractor, including any and all Government costs for additional tests following disapproval. The Contractor shall furnish all additional units to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on units within the time limit specified in paragraph (c) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(e) If the Contractor fails to deliver any units on time, or the Contracting Officer disapproves any units, the Contractor shall be deemed to have failed to make delivery within the meaning of the default clause of this contract, and the contract may be terminated for default with no liability on the Government's part. If units fail compatibility testing and this requirement was the sole item on the contract, the Contractor shall be deemed to have failed to perform, and the contract may be terminated for default with no liability on the Government's part.

(f) If the Government does not act within the time specified in paragraph (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor shall produce the first article units (if applicable), the compatibility test units, and the production quantity at the same facility and shall submit to the appropriate quality assurance specialist a statement to this effect with each unit.

(h) Upon completion of the testing, compatibility test units submitted for Government testing will be:

(1) Retained by the Government. At least one approved test unit shall be returned to the Contractor and held at the production facility until all production quantities have been produced and accepted. This compatibility unit can be referred to as a production or manufacturing standard and baseline for examination when defects are reported on delivered material or problems are uncovered during production;

(2) Returned to the Contractor as production standards and baseline for examination when defects are reported on delivered material or problems are uncovered during production, but shall not be submitted for acceptance as part of the order quantity; or

(3) Other: [The Contracting Officer shall insert disposition information].

(End of Clause)

52.209-9024 Government Fit Verification Testing.

As prescribed at 9.391, insert the following clause:

GOVERNMENT FIT VERIFICATION TESTING (SEP 2008)

(a) This contract includes a requirement for Government fit verification testing, which consists of testing the unit on the aircraft for form, fit, and function.

(b) All units shall be sent by traceable means. If the material is going through the United States (U. S.) Postal Service, it shall be mailed as Certified or Registered mail with a notification of receipt registered.

(c) All transportation charges incurred in shipping Government fit verification testing units to and from Government facilities shall be paid by the Contractor.

(d) The Contractor shall immediately bring to the attention of the Contracting Officer any irregularity or discrepancy in specifications, drawings or test requirements. The specific problem must be identified in writing even though the initial communication, in the event of urgency, may be verbal. Any failure of the Contractor to act promptly in identifying contract specification problems, to request waivers or deviations, or to set forth the reasons for requesting action by the Government, which causes delays or prevents evaluation by the Government in a timely manner, shall be considered a delay attributable to the Contractor.

(e) When both first article testing and Government fit verification testing are required:

(1) The Contractor must successfully complete and receive approval for the first article testing and/or the first article test report before Government fit verification testing commences. Before both first article approval and Government fit verification test approval, the acquisition of materials or components, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor, and costs thereof shall not be allocable to this contract for (i) progress payments or (ii) termination settlements, if the contract is terminated for the convenience of the Government.

(2) If first article testing can or will result in the possibility of units being damaged or not being fully operational, the number of units required for Government fit verification testing will be in addition to the quantity required for first article testing and shall be from the same lot. If however, first article testing does not affect the operational capability nor damage the units, the first article units may be used to conduct Government fit verification testing.

(3) After both first article testing and approval, the activity conducting the first article testing will return the units to the Contractor, who in turn will forward the units to the Government activity conducting the Government fit verification testing.

(4) When both first article testing and Government fit verification testing are required and only the first article test units and/or first article test report are approved but the units fail Government fit verification testing, the Government has the right to terminate the contract for default. The Contractor shall be liable for all costs associated with the Government fit verification testing requirement.

(End of Clause)

52.209-9025 Government Fit Verification Testing Approval.

As prescribed in 9.391, insert the following clause:

GOVERNMENT FIT VERIFICATION TESTING APPROVAL (SEP 2008)

(a) The Contractor shall deliver [Contracting Officer insert number of units] units of Lot/Item [Contracting Officer insert Lot/Item number] within [Contracting Officer insert number of days] calendar days from the date of this contract to the Government at [Contracting Officer insert name and address of testing facility] for the purpose of fit verification testing.

(b) Any packages containing Government fit verification testing units shall be marked in bold letters, below and to the left of the address, as follows:

Government fit verification units

Contract Number [Contractor insert contract number]

Lot/Item Number: [Contractor insert lot/item number].

(c) Within [Contracting Officer insert number of days] calendar days after the Government receives the units for testing on the aircraft, the Contracting Officer shall notify the Contractor, in writing, of the results of Government fit verification testing, e.g., approval, conditional approval or disapproval. The notice of approval or conditional approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(d) If the units fail Government fit verification testing, the Contractor, upon Government request, shall submit additional units for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the units, or provide necessary changes, modifications, or repairs to the units, or provide other units for testing. All costs related to these tests are to be borne by the Contractor, including any and all Government costs for additional tests following disapproval. The Contractor shall furnish all additional units to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on units within the time limit specified in paragraph (c) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(e) If the Contractor fails to deliver any units on time, or the Contracting Officer disapproves any units, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default Clause of this contract, and the contract may be terminated for default with no liability on the Government's part. If units fail Government fit verification testing and this requirement was the sole item on the contract, the Contractor shall be deemed to have failed to perform, and the contract may be terminated for default with no liability on the Government's part.

(f) If the Government does not act within the times specified in paragraphs (c) and (d) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor shall produce the first article units (if applicable), the Government fit verification testing units, and the production quantity at the same facility and shall submit to the appropriate quality assurance specialist a statement to this effect with each unit.

(h) Test units submitted to the Government for Government fit verification testing will not be returned to the Contractor to be shipped as part of the contract quantity.

(End of Clause)

52.209-9026 [Reserved.]

52.209-9028 Qualified Suppliers List of Distributors (QSLD) – Federal Supply Classes (FSC) 5961 and 5962.

As prescribed at 9.203(a)(93), insert the following clause:

QUALIFIED SUPPLIERS LIST OF DISTRIBUTORS (QSLD) – FEDERAL SUPPLY CLASSES (FSC) 5961 AND 5962 (NOV 2011)

(a) Only the following sources shall be eligible for award (except as provided in paragraph (f) of this clause):

(1) Sources that are listed, or are qualified for listing, on the applicable qualified products list/qualified manufacturers list (QPL/QML) at the time of award;

(2) Approved sources as specified in the solicitation/contract item description; or

(3) Distributors that are listed, or qualified for listing, on the DLA Land and Maritime qualified suppliers list of distributors (QSLD) for QSLD FSC 5961 and 5962 at the time of award.

(b) The provisions governing qualification for the QSLD, and the applicable qualification criteria, may be obtained—

(1) From the QSLD general information web page, found at http://www.landandmaritime.dla.mil/offices/sourcing_and_qualification/offices.aspx?Section=QSL ;

(2) By sending an email to LANDANDMARITIME.QSLD@DLA.MIL

; or

(3) By writing to:

DLA Land and Maritime

QSLD Monitor

Post office (P.O.) Box 3990

Columbus, Ohio 43218-3990

(c) The requirement in this clause for distributors to be listed on the QSLD at time of award is in addition to, and does not abrogate, any requirement for an Offeror to provide a QPL or a QML item from a currently approved/qualified source when a QPL or QML requirement is specified. In addition, a distributor listed on the QSLD must furnish the product of a currently approved/qualified source as specified in the solicitation/contract Item Description whether the item is governed by a QPL/QML or not.

(d) The Contracting Officer may recommend termination of the Contractor's QSLD status at any time for failure of the Contractor to maintain compliance with the provisions and qualification criteria governing qualification for the QSLD, and Government officials who have responsibility for establishing and maintaining the QSLD may terminate the qualified status of a distributor on the QSLD for such failure. Maintaining QSLD status is a contractual requirement; therefore, the Contracting Officer may terminate the contract for default for the distributor’s failure to maintain such status.

(e) Distributors that are listed on the QSLD are exempt from any requirement to submit traceability documentation to the Contracting Officer on or before the date that quotes/offers are due as specified elsewhere in the solicitation.

(f) In the event no approved manufacturers or QSLD distributors offer on this solicitation, the Government reserves the right to make an award based on offers received that comply with the traceability requirements found elsewhere in the solicitation.

(End of Clause)

52.209-9029 Notice of First Article Requirement and Conditions for Waiver (Logistics Command (LOGCOM) Depot Level Repairable (DLR), DLA Land and Maritime).

As prescribed in 9.306(c)(1)(iii), insert the following clause:

NOTICE OF FIRST ARTICLE REQUIREMENT AND CONDITIONS FOR WAIVER (LOGISTICS COMMAND (LOGCOM) DEPOT LEVEL REPAIRABLE (DLR), DLA LAND AND MARITIME) (NOV 2011)

(a) Provided no test requirements are depicted in the drawing/specification, First Article requirements in Section I shall be deemed to mean First Article Inspection. The waiver of First Article Inspection if required by Section I does not waive first piece inspection by lot if called out in the technical data package.

(b) In the event the first article test requirements are waived prior to award, item(s) covering the First Article testing and related data (e.g., test plan, test reports, etc.) will not appear in any award resulting from this solicitation.

(c) First article test requirements may be waived by the Contracting Officer under the following conditions:

(1) A bidder/offeror is currently in production, under a Government contract or a subcontract to a Government prime Contractor, of end items identical or similar to those specified in this solicitation.

(2) A bidder/offeror not presently in production of the item has previously satisfactorily furnished, under a Government contract or a subcontract to a Government prime Contractor, end items identical or similar to those specified in this solicitation. When more than twelve (12) months have elapsed (as of the date set for receipt of bid/proposal) since the delivery of identical or similar end items, first article test may be required.

(d) Bidder/offeror shall set forth in the space below contract numbers, if any, under which identical or similar items were previously accepted from the bidder/offeror by the Government and attach a copy of first article approved documents.

Contract number | Date of last delivery of end item

(e) For purposes of this clause, a “similar end item” means an end item produced in accordance with an earlier version of the specification(s) set forth in the description of the end item(s) covered by this solicitation. Test requirements may be waived only where the specification requirements of this solicitation do not significantly differ from specification requirements applicable to the bidder's/offeror's previous contract. The determination as to whether current specification requirements differ from previous specification requirements sufficiently to warrant first article test shall rest solely with the Government.

(End of Clause)

52.209-9030 First Article Evaluation Factors (Logistics Command (LOGCOM) Depot Level Repairable (DLR), DLA Land and Maritime).

As prescribed in 9.306(i)(92)(A)(1), insert the following provision:

FIRST ARTICLE EVALUATION FACTORS (LOGISTICS COMMAND (LOGCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA LAND AND MARITIME) (NOV 2011)

(a) In the event the offeror does not qualify for waiver of first article testing under provisions set forth elsewhere in this solicitation, the costs of first article testing shall be a factor in evaluating offers.

(b) If the offeror fails to furnish a separate offered price for the first article line item in section “b”, the bid or proposal shall be evaluated under the presumption that there is no separate charge for first article testing, and the offeror agrees to perform such tests in accordance with terms of the resulting contract at no additional cost to the Government.

(End of Provision)

ALT I (FEB 2010) As prescribed in 9.306(i)(92)(A)(2), add the following paragraphs (c) and (d) to the basic provision:

(c) It is estimated that Government costs incidental to first article test/evaluation will be $[Contracting Officer shall insert dollar amount]. For purposes of evaluation only, this amount will be added to those bids/proposals which do not qualify for waiver of first article under provisions set forth elsewhere in this solicitation.

(d) If a first article is disapproved and resubmission is authorized, the Government costs of $[Contracting Officer shall insert dollar amount] related to additional approval tests will be deducted from the contract amount for each submittal in accordance with Federal Acquisition Regulation (FAR) clause 52.209-4(c). This amount is in addition to any consideration flowing to the Government for extension, if such applies.

(End of Provision)

52.209-9031 Definitive Responsibility Criteria (DLA Energy).

As prescribed in 9.104-2(b)(90), insert the following clause:

DEFINITIVE RESPONSIBILITY CRITERIA (DLA ENERGY) (NOV 2011)

(a) Offerors must provide fill-in (-1-) as part of any proposal/bid.

(b) This requirement is a precondition of award, and any offeror who does not meet this requirement will be found non-responsible and therefore will be ineligible for award. Any small business found non-responsible for failing to meet this requirement will be referred to the Small Business Administration in accordance with Federal Acquisition Regulation (FAR) Part 19.

(End of Clause)

52.209-9032 Responsibility Criteria for Support to Overseas Contingency Contracts.

As prescribed in 9.102-1(90)(b), insert the following clause:

RESPONSIBILITY CRITERIA FOR SUPPORT TO OVERSEAS CONTINGENCY CONTRACTS (AUG 2011)

(a) A Contracting Officer may request an offeror to provide total company ownership information prior to award of any overseas contingency operation support contract in excess of $10 million per year.

(b) The Federal Acquisition Regulation (FAR 9.104-1) requires the Contracting Officer to make a present responsibility determination prior to the contract award. This includes consideration of a number of factors, such as an offeror’s financial resources, business practices, business ethics, and other relevant information.

(End of Clause)

52.211-9000 Government Surplus Material.

As prescribed in 11.304-91(a), insert the following clause:

GOVERNMENT SURPLUS MATERIAL (NOV 2011)

(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 DLA Disposition Services, by Contractors authorized by DLA Disposition Services, 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., commercial 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 __

a) 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 __

a) 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 ______________________________________

National Stock Number (NSN)_________________________________________

Commercial and Government Entity (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 manufactured 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 DLA Disposition Services Form 1427, Notice of Award, Statement and Release Document.

___ For DLA Disposition Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.

___ For DLA Disposition Services 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 DLA Disposition Services 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.

ALT I (AUG 2008) GOVERNMENT SURPLUS MATERIAL

As prescribed in 11.304-91(a)(3), delete paragraphs (a)-(j) of the basic clause, and insert the following:

The item being solicited is a life support item. Due to the item’s critical nature, offers of surplus material will only be evaluated to accommodate unique contingencies, such as when the aircraft / system is obsolete; the original equipment manufacturer is out of business; or the sole source end or does not respond. If the Government determines to evaluate an offer of surplus material, the offeror shall provide all information required and conform to all terms and conditions in the clause at 52.211-9000, Government Surplus Material.

(End of Clause)

52.211-9001 Market Acceptance.

As prescribed in 11.103(a), insert the following provision:

MARKET ACCEPTANCE (FEB 1996)

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). 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.

52.211-9002 Priority Rating.

As prescribed in 11.604(90), insert the following clause:

PRIORITY RATING (NOV 2011)

This contract is assigned a priority rating under the Defense Priorities and Allocations System (DPAS) regulations (15 Code of Federal Regulations (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 Management Agency (DCMA) or the appropriate Defense Supply Center (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 Department. of Commerce, Bureau of Industry and Security Form BIS 999, Request for Special Priorities Assistance. This form will be processed through appropriate channels to the Department of Commerce 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

(AUG 2008)

(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 $600 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 RATING FOR VARIOUS LONG-TERM CONTRACTS (NOV 2011)

This contract is assigned a priority rating under the Defense Priorities and Allocations Systems (DPAS) regulation (15 Code of Federal Regulations (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 specified 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 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 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 (NOV 2011)

(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 Defense Logistics Acquisition Directive (DLAD) clause 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 the 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 (JUL 2002)

(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 (NOV 2011)

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 DLA Aviation Technical Oversight Office (TOO) Web site.)

(End of Clause)

52.211-9008 [Reserved.]

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 (NOV 2011)

(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 DLA Disposition Services, by Contractors authorized by DLA Disposition Services, 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 – Military Standard (MIL-STD) 129P.

As prescribed in 11.290(b)(1), insert the following clause:

SHIPPING LABEL REQUIREMENTS – MILITARY STANDARD (MIL-STD) 129P (MAR 2012)

(a) MIL-STD-129, revision P, current version, 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 Defense Logistics Agency (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, commercial 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 Department of Defense (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 in the table.

(1) All diverted or redirected outside the continental United States (OCONUS) direct vendor delivery (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 – DLA Land and Maritime - construction

S9E – DLA Land and Maritime – electronics

S9F – DLA Energy – missiles

S9G – DLA Aviation

S9I – DLA Troop Support - general and industrial

S9T – DLA Troop Support - clothing and textiles

S9M – DLA Troop Support - medical materiel

S9P – DLA Troop Support - perishable subsistence

S9S – DLA Troop Support - semi-perishable subsistence

SMP – DLA Maritime – Norfolk

SMT – DLA Maritime - Puget Sound

SMF – DLA Maritime - Portsmouth

SMG – DLA Maritime - Pearl Harbor

(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 (specifically, “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, etcetera. 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

the International Organization for Standardization (ISO)/ the International Electrotechnical Commission (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 contiguous 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 (that is, 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 liter (119 gallons) as a receptacle for a liquid; (2) a maximum net mass greater than 400 kilogram (882 pounds) and a capacity greater than 450 liter (119 gallons) as a receptacle for a solid; or (3) a water capacity greater than 454 kilogram (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, or clinics, 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 Point North 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 City 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. 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 DLA Distribution’s website. Click “OK” then “create account” to get access to use the DPMS production site. DPMS training is available. 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.org/iso/home.html.

(End of Clause)

Alternate I (AUG 2005). 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)

(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 11.401-91, insert the following clause:

OBSOLETE COMPONENTS/MATERIALS (NOV 2011)

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 contract line-item (CLIN), as applicable, may be terminated for convenience in accordance with Federal Acquisition Regulation (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 (NOV 2011)

(a) 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.

(b) Contractors shall not offer dangerous or hazardous goods or materials for transportation by military air until properly packaged, marked, and labeled in accordance with military standard (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, Defense Logistics Agency Instruction (DLAI) 4145.3. This publication also contains instructions on how to properly complete the Shipper's Declaration for Dangerous Goods. Forms may be purchased through commercial means and can be viewed at http://www.iata.org/ps/publications/9065.htm.

(End of Clause)

52.211-9014 Contractor Retention of Traceability Documentation.

As prescribed in 11.304-92(a), insert the following clause:

CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION (OCT 2008)

(a) This clause applies whenever the Contractor is not the manufacturer of the item(s) to be furnished.

(b)(1) The Contractor shall retain evidence to document that items furnished under this contract conform to contract requirements. Evidence will generally include information tracing the items back to the manufacturing source or its authorized distributor. At a minimum, evidence shall be sufficient to establish the identity of the item, its manufacturing source, and conformance to the item description.

(2) Examples of traceability documentation include, but are not limited to, the following:

(i) Purchase order(s)/invoice(s) between manufacturer(s)/distributor(s), identifying part number (and/or technical data package (TDP) with revision level) and quantities;

(ii) Original Equipment Manufacturer (OEM) or approved/qualified source’s packing slips, identifying part number (and/or TDP with revision level) and quantities;

(iii) OEM or approved/qualified source’s certification, identifying part number (and/or TDP with revision level) and quantities; and/or

(iv) OEM or approved/qualified source’s identifiable standard packaging, with part number (and/or TDP with revision level) cited on the package.

(3) The Contractor shall be responsible for the assurance of type, kind, count, and condition. Preservation, packing, packaging, and marking shall be in accordance with contractual requirements.

(4) The Contractor shall provide documentation of traceability for review—

(i) Upon request by the Contracting Officer at any time prior to or after award;

(ii) At time of Government source inspection, if applicable; and/or

(iii) During random or directed post-award audits.

(5) The Contractor shall retain documentation in accordance with this clause for 5 years after final payment under this contract.

(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.

(d) At the Contracting Officer’s discretion, documentation of traceability provided by the Contractor, in accordance with provisions in the solicitation and/or clauses included in this contract, may be used to determine the acceptability of documentation retained in accordance with this clause.

(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)

(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 (NOV 2011)

(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, contact the contract administrator as follows.

(1) Contact then e-mail the Contract Administrator listed in the Issuing Office block with a copy to the following, as appropriate:

(i) DLA Land and Maritime, VTRD, (614) 692-2343.

(ii) DLA Troop Support, ITC, (215) 737-7489.

(iii) DLA Aviation, (804) 279-6695, Mylar Room. (Note: It is imperative for offerors to access the website 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) Mylar Document Number (include revision level)

(iv) Sheet/Frame Number (required only in cases where partial Mylar data has been received)

(End of Clause)

52.211-9019 Reduced Delivery Schedule Applies when First Article Testing Requirements are Waived.

As prescribed at 9.306(f)(2) and 11.404, insert the following clause:

REDUCED DELIVERY SCHEDULE APPLIES WHEN FIRST ARTICLE TESTING REQUIREMENTS ARE WAIVED (SEP 2008)

If the requirement for first article testing is waived by the Government, the delivery schedule for the production quantity shall be reduced by the number of calendar days allotted for the submission and approval of the first articles. (In the case of indefinite delivery contracts, the reduced number of calendar days shall apply to the delivery schedule for the initial/first delivery order of the production quantity. If more than one time frame has been allocated for first article testing, this information will be itemized in the production quantity delivery schedule.) Application of a reduced delivery schedule will not be a factor in evaluation for award, unless delivery is identified as an evaluation factor in the solicitation.

(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)

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 (NOV 2011)

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 Federal Acquisition Regulation (FAR) clause 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 FAR 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 (NOV 2011)

(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 Commercial and Government Entity (CAGE) code _____________, 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 (NOV 2011)

When the Purchase Order Text (POT) identifies supplies by manufacturer's name, Commercial and Government Entity (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.

As prescribed in 11.304-93, insert the following clause:

SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS (FEB 2007)

(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 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 (FEB 2007)

(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

(NOV 2011)

(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, DLA Troop Support, Construction and Equipment (C&E), 700 Robbins Avenue, Philadelphia, Pennsylvania 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 United States Department of Agriculture (USDA) Laboratory Analysis.

As prescribed in 11.404-91, insert the following clause:

DELAYS IN SHIPMENT OF PRODUCTS REQUIRING UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) LABORATORY ANALYSIS (NOV 2011)

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)

(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 (NOV 2011)

The serial number to be marked on each cylinder, as required by the specification cited in the Schedule of this solicitation, shall cite the DLA Aviation 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 (NOV 2011)

(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 free on board (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 Code of Federal Regulations (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 11.204-96, insert the following clause:

PACKAGING AND MARKING REQUIREMENTS (APR 2008)

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 DIMINISHING MANUFACTURING SOURCES (DMS) BUYS – DLA MARITIME (NOV 2011)

Requirements apply only to line item ____ , PR __________ , NSN ___________

(a) Item shall be supplied as follows:

(1) 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.

(2) 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.

(b) General Precautions:

(1) Packaging shall protect the item from physical and mechanical damage and from degradation due to electrostatic (ES) and electromagnetic (EM) environmental field forces.

(2) 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:

(i) Flexible cellular, plastic

(ii) Open cell, plastic

(iii) Velostat foam, black

Note: These cushioning materials may be used as a wrap.

(c) 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.

(d) In addition to military standard (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 –DLA MARITIME (NOV 2011)

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 military standard (MIL-STD) 129P, “Marking for Shipment and Storage". In addition to MIL STD-129P requirements, the following instructions also apply:

(a) 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.

(1) Semiconductor Devices procured under MIL-PRF-19500M:

(i) Part or Identifying Number (PIN)

(ii) Manufacturer's identification (ID) and symbol

(iii) Lot identification code and code of assembly plant (if applicable)

(iv) Beryllium oxide identifier (if applicable)

(v) Electrostatic discharge sensitivity identifier (if applicable)

(vi) Country of origin

(vii) Diminishing Manufacturing Sources (DMS) Marking (if applicable)

(2) Microcircuits procured under MIL-M-385 I0J, Notice 1:

(i) PIN

(ii) Identification code

(iii) Manufacturer's identification

(iv) Manufacture's designation symbol

(v) Country of origin

(vi) 'JAN' certification mark

(vii) Special marking

(viii) Electrostatic discharge sensitivity identifier

(3) Other Semiconductor Devices and Microcircuits not procured under a Military Specification:

(i) Identification number

(ii) Manufacturer's identification

(iii) Manufacturers date code

(4) Special marking as required under an applicable Military Specification.

(b) 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.

(c) 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.

(1) Exterior containers: For Defense Logistics Agency (DLA) contracts, each exterior shipping containers shall be bar coded with the National Stock Number (NSN), contract number (including the call number) and Commercial and Government Entity (CAGE) code.

(2) Multipacks:

(i) 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.

(ii) 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.

(d) 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 code, shall be marked on all unit, intermediate and exterior containers.

(e) Exterior Documentation: Packing list as specified in MIL-STD-129P is required.

(f) Parcel Post Army Post Office (APO)/Fleet Post Office (FPO) Shipments: The statement "Contents for Official Use. Exempt from Customs Requirements" shall be annotated above the mailing address.

(g) Electronics Exclusions: Electron Tubes: These items shall be marked in accordance with MIL-E-75H.

(h) 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 11.204-99, insert the following clause:

PHYSICAL ITEM IDENTIFICATION/BARE ITEM MARKING – DLA LAND AND MARITIME (NOV 2011)

Unless authorized by exclusions listed below, all items shall be marked as specified in military standard (MIL-STD) 130N. The following DLA Land and Maritime supplemental marking requirements shall take precedence in case of conflict with MIL-STD-130N.

DLA Land and Maritime 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 federal supply classes (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 DLA Land and Maritime 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 – Direct Vendor Delivery (DVD).

As prescribed in 11.404-90(b), insert the following clause:

TIME OF DELIVERY –DIRECT VENDOR DELIVERY (DVD) (NOV 2011)

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 contiguous United States (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 free on board (f.o.b.) destination and/or within____ days after date of order for f.o.b. origin.

(b) For any delivery order which specifies a priority of 1 to 3 and has a delivery location outside the contiguous 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 f.o.b. Destination and/or within____ days after date of order for f.o.b. 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 f.o.b. destination and/or within____ days after date of order for f.o.b. 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 f.o.b. destination and/or within____ days after date of order for f.o.b. 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 f.o.b. destination and/or within____ days after date of order for f.o.b. 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 f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

(g) Shipments to stock locations:

For any delivery order which specifies delivery to a Defense Logistics Agency (DLA)/Department of Defense (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 destination and/or within____ days after date of order for f.o.b. 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 Federal Acquisition Regulation (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 f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For priority 1-3 items with destinations outside CONUS, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. 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 f.o.b. destination and/or within____ days after date of order for f.o.b. 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 f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For priority 4 to 15 (all others), destination within CONUS, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For priority 4 to 15 (all others), destination outside CONUS, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For shipments to DLA/DoD stock locations, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. 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)

(a) 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 ____________.

(b) 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 (NOV 2011)

(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, United States (U.S). Coast Guard, 1300 E. Street North West, Washington, DC 20591, for approval.

(1) A preproduction sample.

(2) A copy of the specifications.

(3) Two 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 (NOV 2011)

(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 Federal Acquisition Regulation (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 – DLA TROOP SUPPORT, CLOTHING AND TEXTILES (C&T) (NOV 2011)

(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 (Yards)
| From: | To:
| Maximum % 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 (NOV 2011)

(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 DLA Aviation website provides the mandatory requirements to submit for CATEGORY I – III parts.

(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 – DLA TROOP SUPPORT - MEDICAL (NOV 2011)

(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 - DLA TROOP SUPPORT MEDICAL (NOV 2011)

Offerors shall represent below information pertaining to United States Food and Drug Administration (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, other liner, etc.) __________________________.

(End of Provision)

52.211-9045 Pre-market Notification.

As prescribed in 11.204-92, insert the following provision:

PRE-MARKET NOTIFICATION - DLA TROOP SUPPORT - MEDICAL (NOV 2011)

(a) 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 Code of Federal Regulations (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.

(b) 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 invitation for bid (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)

52.211-9046 Food and Drug Administration (FDA) Compliance.

As prescribed in 11.204-93, insert the following clause:

FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE - DLA TROOP SUPPORT MEDICAL AND SUBSISTENCE (NOV 2011)

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 (NOV 2011)

(a) Offerors are requested to provide the following information regarding the items offered:

Manufacturer's Name

Make

Model Number

also, include National Stock Number (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)

52.211-9048 Data Name Plates.

As prescribed in 11.274-4(91), insert the following provision:

DATA NAME PLATES - DLA TROOP SUPPORT - SUBSISTENCE (NOV 2011)

(a) The most current version of military standard (MIL-STD) 130L 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.

As prescribed in 11.404(a)(1)(92), when incremental delivery is requested.

TIME OF DELIVERY - INCREMENTAL DELIVERY (NOV 2011)

(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 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 Number Quantity Within Number 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 Number Quantity Within Number 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 five calendar days for delivery of the award through the ordinary mails, or 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)

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)

52.211-9051 Time of Delivery.

As prescribed in 11.404(a)(1)(90), insert the following clause:

TIME OF DELIVERY (NOV 2011)

(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 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 number Quantity within number of days after date of award

________ _________ _________________________________________

(b) 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 Number Quantity Within Number of Days After Date Of Award

________ _________ ________________________________________

(c) 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: five calendar days for delivery of the award through the ordinary mails, or 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 United States (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 (NOV 2011)

(a) Items described in this acquisition have been designated “critical application items;” production phase-out of such items by the manufacturer could jeopardize the Government's ability to provide continued support for weapon systems or other vital equipment or programs.

(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 in the Government-Industry Data Exchange Program (GIDEP), 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: DLA Aviation, Office: FAGD

Address: 8000 Jefferson Davis Highway , Richmond, Virginia 23297-5862

Supply Center: DLA Troop Support

Address: 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5096

Supply Center: DLA Land and Maritime, Office: VSD

Address: 3990 East Broad Street, Columbus, Ohio 43218

DLA Headquarters (HQ): Defense Logistics Agency, Office: DLA J3

Address: 8725 John J. Kingman Rd., Suite 4240, Fort Belvoir, Virginia 22060-6221

Diminishing Manufacturing Sources and Material Shortages (DMSMS) Integrated Supplier Team (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 (NOV 2011)

(1) Requisitions and contracts identified as not mission capable shipments (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 Defense Logistics Acquisition Directive (DLAD) clause 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)

52.211-9054 Time of Delivery – Contracts.

As prescribed in 11.404(a)(1)(93), insert the following clause:

TIME OF DELIVERY- CONTRACTS (NOV 2011)

(a) The time of delivery of supplies to be furnished under any delivery order issued under this contract shall be stated in the order. The Government reserves the right to request phased delivery within the limits of the applicable schedule set forth below.

(b) Delivery is required in accordance with the schedule set forth below.

Within the number of days stated below after date of delivery order

National Stock Numbers

(NSNS) Quantity (that may be ordered any calendar month)

Government required Offeror’s proposed

_______ up to _______________ each ___________ ___________

Each additional _________ each (or less) ADD: ___________ ___________

________ Up to _______________ each ___________ ___________

Each additional _________ each (or less) ADD: ___________ ___________

________ Up to _______________ each ___________ ___________

Each additional _________ each (or less) ADD: ___________ ___________

________ Up to _______________ each ___________ ___________

Each additional _________ each (or less) ADD: ___________ ___________

(c) Unless otherwise specified above, your proposal will be deemed to offer delivery in accordance with the required schedule. The Government may elect to consider for award only those proposals which comply with the required schedule but reserves the right to consider proposals which exceed the required schedule. You are therefore encouraged to submit a proposal even if you cannot comply with the required delivery schedule. If you can comply with the required delivery schedule but could offer better prices for a longer schedule, you may submit two (2) or more proposals on each item. The Government reserves the right to make awards on the basis of offerors’ proposed delivery schedules.

(d) Delivery orders will be mailed or otherwise furnished to the Contractor on or before the day the order is dated. Therefore, in computing time available to perform each order, the Contractor must take into consideration the time required for the delivery order to arrive through ordinary mail.

(e) In the event this solicitation provides for a partial set-aside for Small Business, and the set-aside portion is awarded to the same firm that received the award of the non-set-aside portion, then the quantities shown above will be doubled.

(End of Clause)

52.211-9057 Ordering/Time of Performance (Indefinite Delivery/Time and Material/Labor Hour Contract).

As prescribed in 11.404-94, insert the following clause:

ORDERING/TIME OF PERFORMANCE (INDEFINITE DELIVERY/TIME AND MATERIAL/LABOR HOUR CONTRACT) (NOV 2011)

(a) Delivery orders will be issued by the Contracting Officer and shall specify a final date for completion of performance considering the following availability requirement regarding the Contractor’s personnel:

(1) The Contractor shall have at least one approved employee available in each labor category with a maximum of five (5) calendar days’ delay in availability from the issue date of any delivery order which orders use of that labor category.

(b) The Contractor may delay for fourteen (14) calendar days the availability of additional employees in any labor category to work on delivery orders or combinations of delivery orders requiring use of additional employees in that labor category.

(c) The final completion date will be as specified in the delivery order unless the Contractor formally requests an extension of the performance date under the delivery order modification procedures specified herein, provides an explanation for the extension beyond reasons provided for in this clause, and the request is granted in the form of a formal modification to the delivery order.

(End of Clause)

52.211-9059 Time of Delivery – Alternate Delivery Schedules.

As prescribed in 11.404-96, insert the following clause:

TIME OF DELIVERY – ALTERNATE DELIVERY SCHEDULES (NOV 2011)

(a) Delivery is desired as soon as possible. Therefore, offers are solicited on the basis of alternate delivery schedules, as set forth below. With respect to each item/sub-item/lot, bids offering delivery within the same alternate delivery schedule will be evaluated equally as regards time of delivery, and award will be made within the earliest alternate delivery schedule possible, subject to price and other factors considered.

(b) More specifically, award will be made within the earliest alternate delivery schedule for which a responsive bid is received from a responsible bidder, provided the price offered is determined by the Contracting Officer, under all of the circumstances, to be reasonable, even if lower prices are received for delivery within a later alternate delivery schedule. If an award for delivery within the first alternate delivery schedule cannot be accomplished, bids in the second alternate delivery schedule will be evaluated for award. If an award within the first and second alternate delivery schedules is not possible, bids in the third alternate delivery schedule will be evaluated for award.

First alternate delivery schedule

Item number | Quantity | Within number of days after date of Contract

Second alternate delivery schedule

Item number | Quantity | Within number of days after date of Contract

Third alternate delivery schedule

Item number | Quantity | Within number of days after date of Contract

(c) The bidder is requested to insert in the space provided below, the delivery schedule which he is offering at the price shown in the schedule:

Item number | Quantity | Within number of days after date of contract

(d) With respect to each item (or sub-item or lot, as applicable), the bidder may submit a separate offer (by separate attachment to the solicitation and offer, if necessary) for each alternate delivery schedule shown in paragraph (a) above. If the bidder proposes alternate delivery schedules and a different price is to apply to each alternate delivery schedule offered, the bidder is advised to clearly set forth the price or prices applicable to each delivery schedule as offered. Failure to state otherwise will be construed to mean that the price shown in the schedule applies to each alternate delivery schedule offered. In this respect, the Government reserves the right, in accordance with Federal Acquisition Regulation (FAR) requirements, to reject any bid where the price is unreasonable. Accordingly, if the price bid includes substantial extras for delivery within an early alternate delivery period, it is recommended that the bidder also submit a price for a later alternate delivery period shown.

(e) If the delivery schedule offered as to any item (or sub-item or lot, as applicable) falls within two or more of the alternate delivery schedules shown under paragraph (a), then the following will apply:

(1) If a quantity offered within a single alternate delivery schedule is capable of separate award, that quantity will be separately evaluated.

(2) If a quantity offered within a single alternate delivery schedule is not capable of separate award, the entire quantity will be evaluated in the latest alternate delivery schedule in which any portion of the quantity falls.

(f) If a bidder fails to indicate the delivery schedule which he is offering, the last alternate delivery schedule shown under paragraph (a) shall be deemed to apply.

(g) If the delivery offered falls within an alternate delivery schedule, but is for a date prior to the last date shown in that alternate, the Government reserves the right to award either in accordance with the delivery schedule offered or in accordance with the alternate delivery schedule in which the offered delivery date falls.

(h) Quantities offered for delivery beyond the last alternate delivery schedule shown in paragraph (a) above will not be considered for award.

(i) The FAR provision 52.214-10 provides that a written award mailed or otherwise furnished to the successful bidder results in a binding contract. Any award hereunder, or a preliminary notice thereof, will be mailed or otherwise furnished to the bidder the day the award is dated. Therefore, in computing the time available for performance, the bidder should take into consideration the time required for the notice of award to arrive through the ordinary mails. However, a bid offering delivery based on date of receipt by the Contractor of the contract or notice of award (rather than the contract date) will be evaluated by adding five days for delivery of the award through the ordinary mails. If, as so computed, the delivery date offered is later than the delivery date required in the Invitation, the bid will be considered non-responsive and rejected.

Paragraphs (j) and (k) below apply where a bid price lower than the award price is received for a later alternate delivery schedule.

(j) Liquidated damages shall be imposed, in the manner set forth in paragraph (h) of the clause entitled “Default” (as shown under paragraph (k) of this clause), at a rate computed in accordance with (1) below, subject, however, to the maximum limitation stated in (2) below.

(1) The contract unit price, less the lowest unit price offered under the solicitation for delivery within an alternate delivery schedule later than the alternate delivery schedule for which the award is made, shall be divided by the number which represents the difference in number of days between the alternate delivery schedule for which said lowest price was offered and the alternate delivery schedule for which the award is made.

(2) As to any article, liquidated damages shall not exceed 100% of the difference between the contract unit price and the lowest unit price offered under the solicitation for an alternate delivery schedule later than for which the award is made. To the extent applicable, evaluation factors for transportation and discount will be included in the described computation.

(k) Paragraph (h) of the clause entitled “Default (Fixed-Price Supply and Service),” FAR 52.249-8 is redesignated as paragraph (i), and the following is added as paragraph (h):

“If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension thereof, the actual damage to the Government for the delay will be difficult or impossible to determine. Therefore, in lieu of actual damages, the Contractor shall pay to the Government as fixed, agreed, and liquidated damages for each calendar day of delay, the amount set forth elsewhere in this contract. Alternatively, the Government may terminate this contract in whole or in part as provided in paragraph (a) of this clause, and in that event the Contractor shall be liable, in addition to the excess costs provided in paragraph (c) above, for such liquidated damages accruing until such time as the Government may reasonably obtain delivery or performance of similar supplies or services. The Contractor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the Contractor, as defined in paragraph (d) above, and in such event, subject to the “Disputes” clause, the Contracting Officer shall ascertain the facts and extent of the delay and shall extend the time for performance of the contract when in his judgment the findings of fact justify an extension.”

(End of Clause)

52.211-9060 Time of Delivery.

As prescribed in 11.404-97, insert the following clause:

TIME OF DELIVERY (NOV 2011)

The following delivery schedule applies to this award. See applicable Time Of Delivery clause in Section F of the solicitation or see amendment number __________ for additional information.

Delivery Schedule

Item Number | Quantity | Days
_________ | __________ | _______________________________
_________ | __________ | _______________________________
_________ | __________ | _______________________________

Liquidated Damages ( ) is ( ) is not applicable.

Note: Accelerated delivery is acceptable at no additional cost to the Government

(End of Clause)

52.211-9061 Time of Delivery (Overlapping Orders (IDC).

As prescribed in 11.404-98, insert the following clause:

TIME OF DELIVERY (OVERLAPPING ORDERS) INDEFINITE DELIVERY CONTRACT (IDC) (NOV 2011)

The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

Item Number | Quantity | Within Days After Date Of Contract
________ | __________ | _______________________________________
________ | __________ | _______________________________________
________ | __________ | _______________________________________

(Any balance shall be delivered at the rate of _________ every __________ days thereafter.)

In the event of overlapping orders, the Contractor is not required to deliver any more than ___ in any _____ day period.

Offeror’s Proposed Delivery Schedule

Item Number. | Quantity | Within Days After Date Of Contract
________ | __________ | _______________________________________
________ | __________ | _______________________________________
________ | __________ | _______________________________________

(Any balance shall be delivered at the rate of _________ every _________ days thereafter)

In the event of overlapping orders, the Contractor is not required to deliver any more than _______ in any _______ day period.

(End of Clause)

52.211-9062 Delivery Requirements.

As prescribed in 11.404-99, insert the following clause:

DELIVERY REQUIREMENTS (NOV 2011)

(a) The Government will insist on delivery in strict accordance with the contractual delivery schedule. The dates specified for delivery are the dates required for arrival of the supplies at destination. When transportation terms are free on board (f.o.b.) origin, in order for this delivery to be satisfied, the Contractor should release shipment to the carrier 15 days prior to the date shown in the schedule.

(b) When Defense Logistics Acquisition Directive (DLAD) clause 52.211-9020 entitled "Time of Delivery - Accelerated Delivery" applies, the Contractor may deliver any time prior to, but no later than the specified delivery date as defined in paragraph (a)above.

(c) If accelerated delivery is not authorized, i.e., DLAD 52.211-9020 is not included in the award, the Contractor may deliver as follows without prior authorization of the Contracting Officer:

(1) For an f.o.b. origin award, the Contractor may release the shipment 15 to 30 days prior to the delivery date cited in the contract.

(2) For an f.o.b. destination award, the Contractor may deliver up to 15 days prior to the scheduled delivery date.

(End of Clause)

52.211-9063 Unit Package Marking Requirement for Component Lead Finish.

As prescribed in 11.291, insert the following clause:

UNIT PACKAGE MARKING REQUIREMENT FOR COMPONENT LEAD FINISH (NOV 2011)

(a) In addition to all other marking requirements in this contract, the Contractor shall apply one of the assigned markings in accordance with paragraphs 5.3.1 and 5.3.2 of IPC/JEDEC J-STD-609, “Marking and Labeling of Components, printed circuit boards (PCBs) and printed circuit board assemblies (PCBAs) to Identify Lead (Pb), Pb-Free and Other Attributes,” to each individual unit pack of the item being acquired. Placement of the markings shall be in accordance with paragraph 6.1 of the standard.

(b) Copies of the current version of this standard may be purchased or downloaded from the Association Connecting Electronics Industry (IPC), http://www.ipc.org, or the Solid State Technology Association (JEDEC), http://www.jedec.org.

(End of Clause)

52.211-9064 Drawing Limitations - Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) – DLA Land and Maritime.

As prescribed in 11.204-100, insert the following clause:

DRAWING LIMITATIONS - TANK-AUTOMOTIVE AND ARMAMENTS COMMAND (TACOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA LAND AND MARITIME (NOV 2011)

(a) The drawings supplied with this contract are not shop or process drawings. They are engineering design drawings that are adequate to permit manufacture, depict the completed (item(s), and serve as the basis for inspection of the completed item(s).

(b) The drawings do not cover intermediate drawings/specifications or steps in the manufacturing process. As a result, even if the Contractor meets all the dimensions and tolerances specified in the engineering design drawing for each individual part, a cumulative unacceptable fit for the contract item could result.

(c) The Contractor is responsible for producing the shop or process drawings needed to cover intermediate steps in the manufacturing process.

(d) The Contractor agrees that it has obtained all specifications and drawings necessary to manufacture the items being solicited in accordance with the Technical Data Package (TDP), including all incorporated specifications and drawings. The Contractor is responsible for having all drawings and specifications. Delivery delays are not excusable where the Contractor asserts that it did not have a specification or drawing and has failed to request, in writing, the specification from the Contracting Officer prior to the solicitation closing date.

(e) If the Contractor fails to produce an end item with a cumulative fit that conforms to Government drawings, specifications or other supplemental manufacturing documentation, the Contractor shall be responsible for correcting this condition at no additional cost to the Government and no delivery schedule extension.

(End of Clause)

52.211-9065 Special Notice of Contractor Responsibilities for Components and Tooling (Army Aviation and Missile Command (AMCOM) depot level repairable (DLR) – DLA Aviation).

As prescribed in 11.204-101, insert the following clause:

SPECIAL NOTICE OF CONTRACTOR RESPONSIBILITES FOR COMPONENTS AND TOOLING (ARMY AVIATION AND MISSILE COMMAND (AMCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION) (NOV 2011)

Offerors are cautioned to carefully review all specifications in order to identify required, restricted vendor components and sources. When such restrictions apply, only components from such approved sources, manufactured to the same quality standards required by the source approval activity, may be used in manufacturing the end item. It is the responsibility of the offeror to make arrangements for obtaining required components, forgings or castings, and any necessary tooling, including but not limited to permission from the owner to use any and all tooling, dies, fixtures and facilities necessary to produce the required components, forgings or castings. Before award, the offeror may be required to document provisions made for obtaining required components, forgings, castings and any other tooling.

(End of Clause)

52.211-9066 Required Delivery for Orders (Army Aviation and Missile Command (AMCOM) Depot Level Repairable (DLR) – DLA Aviation).

As prescribed in 11.204-102, insert the following clause:

REQUIRED DELIVERY FOR ORDERS (ARMY AVIATION AND MISSILE COMMAND (AMCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION) (NOV 2011)

(a) The required delivery for order 0001 shall be [Contracting Officer shall insert number of days] days after issuance of the order for Contract Line-Item (CLIN(s)) [Contracting Officer shall insert appropriate CLIN number(s)].

(b) The required delivery date for subsequent orders (CLIN(s) [Contracting Officer shall insert appropriate CLIN number(s)]) shall be [Contracting Officer shall insert number of days] days after issuance of the order. In no event, however, will the Contractor be required to produce more than [Contracting Officer shall insert number of items] per month.

(c) Nothing herein shall preclude early delivery or delivery at a greater rate at the option of the Contractor at the unit prices set forth in the schedule unless so limited by the delivery order.

(End of Clause)

52.211-9067 Deliveries or Performance – Time of Delivery (Naval Inventory Control Point (NAVICP) Depot Level Repairable (DLR) – DLA Aviation).

As prescribed in 11.204-103, insert the following clause:

DELIVERIES OR PERFORMANCE - TIME OF DELIVERY (NAVAL INVENTORY CONTROL POINT (NAVICP) DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION) (NOV 2011)

(a) The Government desires that delivery be made in accordance with the delivery schedule set forth below:

Desired delivery schedule
[Contracting Officer insert specific details]
Item number | Quantity | Within days after date of Contract

(b) If the Offeror is unable to make delivery in accordance with this schedule, it shall set forth in its proposal the earliest delivery with which it can comply and the reason(s) why the Government's desired schedule cannot be met. Submission of such an alternate schedule will not prejudice the evaluation of that offer.

Proposed delivery schedule
[Contractor insert specific details]
Item number | Quantity | Within days after date of Contract

Reasons why the Government’s desired schedule cannot be met: ______________________

(c) If this solicitation is an RFP, then the Offeror's failure to take exception the Government's desired delivery schedule set forth below shall cause this schedule to become the required contract delivery schedule in the event the Offeror is awarded the contract.

Required delivery schedule
[Contracting Officer insert specific details]
Item number | Quantity | Within days after date of Contract

(d) Attention is directed to the contract award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful Offeror results in a binding contract. 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 contract or notice of award by adding five (5) days for delivery of the award through the ordinary mails.

(End of Clause)

52.211-9068 Continuance of Performance During Any State of Emergency (Republic of Korea) (DLA Energy).

As prescribed in 11.401(93), insert the following clause:

CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY (REPUBLIC OF KOREA) (DLA ENERGY) (NOV 2011)

The Contractor shall be responsible for performing all functions of this contract during any state of emergency declared by the United States (U.S.) or Republic of Korea (ROK), within or affecting the ROK, or during internal strife, rioting, civil disturbance, declaration of war or perils of any other type in the ROK until released by the Contracting Officer. The Contractor shall assist and participate, as may be required by competent military authority, in any military or dependent evacuation plan. The Contractor shall participate at the direction of the ROK or U.S. local commander, in all local or site training exercises relating to U.S. Government preparation for any of the above incidents.

(End of Clause)

52.211-9069 Time of Delivery – Ordering Office.

As prescribed in 11.404-94 insert the following provision:

TIME OF DELIVERY – ORDERING OFFICE (NOV 2011)

Material ordered under the terms of this contract shall be delivered within _____ days after the date of the order. Notwithstanding any other provisions or clauses of this contract, no deliveries shall be made prior to issuance of the delivery order on Department of Defense (DD) Form 1155.

(End of Provision)

52.211-9070 Relief from Diminishing Manufacturing Sources or Material Shortages Components (F-16 Program) (AF Program) AF- Hill Depot Level Repairable (DLR) – DLA Aviation.

As prescribed in 11.9002-90(a), insert the following clause:

RELIEF FROM DIMINISHING MANUFACTURING SOURCES OR MATERIAL SHORTAGES COMPONENTS (F-16 PROGRAM) AIR FORCE (AF)-HILL DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION (NOV 2011)

(a) A diminishing manufacturing sources or material shortages component ("DMSMS component") is a component or material, intended to be incorporated directly into an end item specified to be delivered under the purchase order or contract, that is unavailable from all manufacturers known to the Contractor, in the quantity necessary to comply with the delivery terms of the purchase order or contract.

(b) The Contractor shall promptly notify the Contracting Officer in writing whenever the Contractor believes that one or more of the components or materials intended to be incorporated directly into an end item specified to be delivered under the purchase order or contract is a diminishing manufacturing source (DMS) component. The notice shall identify the part number, national stock number, and nomenclature of each DMS component.

(c) If the Contractor believes that one or more of the components or materials intended to be incorporated directly into an end item specified to be delivered under the purchase order or contract is a DMS component, the Contractor may request contractual relief according to this clause. The Contractor shall submit the request in writing to the Contracting Officer within thirty (30) days after the Contractor discovers a DMS situation. The request shall indicate that it is a request for contractual relief according to this clause and shall include, if applicable, the following information:

(1) part number for each DMS component, its national stock number, nomenclature an actual manufacturer; part number of the end item where the DMS component is incorporated, national stock number, nomenclature, and actual manufacturer of the end item, description of the physical location on the weapon system where the end item is used; identification of the organization or organizations within DoD that manage the end item and those that manage each DMS component of the end item; identification of other public and private entities known by the Contractor to use substantially the same DMS component or end item; all technical remedies the Contractor recommends, if any, to overcome or mitigate the unavailability of DMS components (e.g., an engineering change proposal or the substitution of components having the same form, fit, and function); and

(2) statement substantially as follows signed by an individual authorized to bind the Contractor contractually:

"To the best of the Contractor's knowledge and belief, the components or materials identified according to paragraph (c) of the clause titled Relief from Diminishing Source or Material Shortage Components of [purchase order or contract] number ______________ are DMS component(s) according to the definition in paragraph (a) of that clause."

(d) The Contracting Officer shall decide whether the request complies with the informational requirements of paragraph (c). If the Contracting Officer finds that the request substantially complies with such requirements, the Contracting Officer shall determine whether the components or materials identified according to the paragraph (c) are DMS components. In making the determination, the Contracting Officer shall consider the information the Contractor furnished with the request; and shall consult knowledgeable technical personnel, and, to the extent practicable, the organizations and points of contact the Contractor identified in the request; and may consider any other relevant information available to the Government.

(e) If the Contracting Officer finds that the Contractor's request does not substantially comply with the informational requirements of paragraph (c), or if the Contracting Officer determines that none of the components or materials identified according to paragraph (c) is a bona fide DMS component, the Contracting Officer shall, within thirty (30) calendar days of receipt of the request, notify the Contractor in writing accordingly. The notice shall identify the deficiencies in the request, or shall state the reasons the government disagrees with the Contractor's statement that the components or materials identified are DMS components. The Contracting Officer may, thereafter, accept a revision of the request.

(f) If the Contracting Officer finds that the Contractor's request substantially complies with the informational requirements of paragraph (c), and determines that one or more of the components or materials identified are bona fide DMS components, the Contracting Officer shall, within thirty (30) calendar days of receipt of the request, notify the Contractor in writing accordingly. The notice shall constitute the government's acknowledgment that, if the Contractor fails to deliver the end item within the time specified in the purchase order or contract, the government will consider the DMS components to be a cause beyond the control and without the fault or negligence of the Contractor to the extent the Contractor's failure to perform is attributable to the DMS components. Additionally, the Contracting Officer may consider a proposal, if offered by the Contractor, to address the additional costs associated with alternative sources or work-around solutions to such DMS situation.

(g) No provision of this clause, nor any action taken by the Government according to this clause, shall, in itself, relieve the Contractor of the duty to respond to any delinquency notice prescribed in Federal Acquisition Regulation (FAR) 49.607. Failure to agree upon the existence of a DMS situation shall be a dispute within the meaning of the clause in this contract entitled "Disputes".

(End of Clause)

52.211-9071 Required Source Approval - Logistics Command (LOGCOM) Depot Level Repairable (DLR) –DLA Land and Maritime.

As prescribed in 11.304-93(e), insert the following provision:

REQUIRED SOURCE APPROVAL – LOGISTICS COMMAND (LOGCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA LAND AND MARITIME (NOV 2011)

(a) The source(s) listed below have been approved by the Government for supply of the spare/component parts called for herein in order to assure the requisite safe, dependable, effective operation, and support of military equipment. Offerors other than the below listed approved source(s) will not be considered for award under this solicitation unless:

(1) The Offeror submits prior to or concurrent with its proposal proof of prior Government approval as a supplier of the required item(s); or,

(2) The Offeror submits prior to or concurrent with its proposal evidence of having satisfactorily produced the required item(s) for the Government or the prime equipment manufacturer(s); or,

(3) The Offeror submits prior to or concurrent with its proposal a certification specifying that the required item(s) will be obtained from sources having current Government approval as a result of satisfactorily supplying the same item(s) to the Government or the prime equipment manufacturer(s); or,

(4) The Offeror submits prior to or concurrent with its proposal such complete and current engineering data for the item(s) (including manufacturing control drawings, qualification test reports, quality assurance procedures, etc.) as may be required for evaluation purposes to determine the acceptability of the item as supplied by your firm for Government use; or

(5) The Offeror, who is not the manufacturer, notifies the Procuring Contracting Officer (PCO) at least ten (10) days prior to the opening of bids or proposals that the Offeror intends to provide surplus parts manufactured by one of the approved sources listed below. The Government will determine on a case-by-case basis, whether or not surplus parts can be considered in view of the criticality of the parts, and the extent of the evidence necessary for the Offeror to establish that the parts conform to the applicable specifications.

(b) Offers based on the submittal of approval information in accordance with paragraph (a) of this clause may, as determined by the Contracting Officer, be considered for award under this solicitation only if:

(1) The evaluation of such offers is practicable and in the Government's interest considering the availability of resources and cost to the Government for the qualification of new sources for the required item(s) as well as the advantages anticipated to be derived by the Government as a result of such qualification; and,

(2) The Government can, in fact, determine that the item, as supplied by the Offeror, is acceptable for Government use; and,

(3) In all cases, the evaluation/verification of the submittal and the requisite approval and award thereon can be made in time to meet the Government's requirements.

(c) The Government's decision regarding the suitability/acceptability of Offeror submittals under paragraphs (a) and (b) hereof, and the consideration for award based thereon, shall be final.

(d) The listing of approved sources below does not constitute a predetermination of responsibility or ability of the listed sources to perform on this particular procurement.

Approved sources:

Item Number | Manufacturer | Manufacturer Code | Part Number

(End of provision)

52.211-9072 General Receiving and Storing Conditions (DLA Energy).

As prescribed in 11.404(a)(1)(94), insert the following clause:

GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY) (NOV 2011)

Notice will be furnished to the Contractor of upcoming product receipts. The notice will include the method of receipt, the source, grade, or type of product, and any special instructions.

The Contractor shall transfer and store each grade of product in a manner that preserves the quality of the product and will prevent contamination. The responsibility for preventing contamination rests with the Contractor.

When requested, the Contractor will transfer product between tanks to consolidate like types or grades.

Whenever a product is to be removed from a tank to accomplish cleaning or repair of the tank, or to change product, or to affect the release of the tank to the Contractor, the Contractor shall strip such tank to preclude loss of recoverable fuel. The Contractor shall provide the quality assurance representative (QAR) with information pertaining to the amount of fuel deemed unrecoverable, the reason why the fuel cannot be recovered, and an analysis of the unrecovered fuel quality. All unrecoverable tank bottoms/line fill quantities will be reported to the Property Administrator for disposition instructions.

Contaminated/off-specification product will be reported to the QAR in order to obtain disposition instructions. Tanks out of service for repair shall be removed from revenue until such time as they are returned to Government Service. Tanks out of service for cleaning shall be governed by the Inspection And Cleaning Of Bulk Petroleum Storage Tanks clause.

Custody of product received by pipeline, and risk of loss thereof, shall pass from the carrier to the Contractor when the product passes the flange connecting the carrier's pipeline and the Contractor's pipeline.

Custody of product received by transport truck, and risk of loss thereof, shall pass from the carrier to the Contractor when the product passes from the transport truck discharge hoses into the Contractor's receiving facilities.

Custody of product received by tank car, and risk of loss thereof, shall pass from the carrier to the Contractor when the tank car comes to rest on the Contractor's siding.

Custody of product received from tanker or barge, and risk of loss thereof, shall pass from the carrier to the Contractor when the fuel passes the vessel’s permanent hose connection.

The Contractor shall be held accountable for demurrage charges arising from delay(s) in receipt by tank cars or transport trucks, except when the delay(s) are caused by reason beyond the control and without the fault or negligence of the Contractor and its subcontractors.

The following subparagraphs apply only to barges and tankers.

Scheduled arrival date and basic allowed laytime.

The Contractor shall be notified in advance of the scheduled arrival date. Each notice will specify the quantity to be delivered, the cargo number, the name of the vessel, and the scheduled arrival date. For tankers, the notice will also include the size of the vessel and the expected time of arrival. For tankers, the notice of delivery will be furnished at least 72 hours in advance of the scheduled arrival date; for barges, at least 48 hours in advance of the scheduled arrival date. The Government will provide the maximum notice practicable when the anticipated vessel transit time from the loading point is less than the 72/48 hours. Changes in the scheduled arrival date that will provide less than the 48 hours’ notice for barges and the 72 hours’ notice for tankers will require the verbal approval of the Contractor. This verbal approval is to be confirmed in writing as soon as practicable.

The Contractor shall provide a reachable berth, free of charge, where the vessel can be safely moored and afloat with necessary access thereto as soon as possible, but no later than, for barges, within 3 hours after issue of notice of readiness to unload, and, for tankers, within 6 hours after issue of notice of readiness, provided –

If the vessel is tendered for unloading on a date earlier than the last agreed scheduled arrival date, the Government’s vessel shall be unloaded as soon as possible in its proper turn with other vessels, and laytime shall not commence until the vessel moors alongside or, for barges, 3:00 A.M. local time; for tankers, 6:00 A.M. local time, on the last agreed scheduled arrival date, whichever occurs first.

If the vessel is tendered for unloading later than 12:00 noon of the day following the last scheduled arrival date, the vessel shall be unloaded in its proper turn with other vessels. Laytime shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to moor the vessel in its turn with other vessels as loading berths become available.

Laytime shall commence either (A) at the expiration of the notice period prescribed in subparagraph (ii) above, berth or no berth, or (B) immediately when the vessel moors alongside, with or without notice of readiness, whichever occurs first.

Laytime, once started, shall continue 24 hours per day, 7 days per week, without interruption, from its commencement until unloading of the barge or tanker is completed and hoses have been disconnected.

Unless otherwise provided in the Schedule, the Contractor shall be allowed and will complete unloading within laytime determined as follows:

For barges: One hour for each 2,000 barrels of product to be unloaded.

For tankers: Thirty-six hours of discharge of a full vessel cargo. When partial vessel cargoes are to be unloaded, the 36 hours will be prorated based on quantities discharged in each port.

Hoses and loading arms for unloading a barge or tanker will be furnished, connected, and disconnected by the Contractor.

Increases to basic allowed laytime.

If, after laytime commences, the conditions or facilities of the barge or tanker to be unloaded do not permit unloading, basic allowed laytime shall be increased by the duration of the delay.

If the vessel is delayed in reaching its berth and the delay is caused by the fault of the vessel, basic allowed laytime shall be increased by the duration of the delay.

If the vessel owner’s or operator’s regulations prohibit unloading at any time after laytime has commenced, the lost time shall be added to the basic allowed laytime.

If, for any reason, the Contractor is delayed in unloading the barge or tanker because of actions of a Government representative, acting under the contract, that arise through no fault or negligence on the part of the Contractor or its subcontractors, basic allowed laytime shall be increased by the duration of the delay.

There will be no increase to basic allowed laytime (nor other reductions to any resulting demurrage time) for saved laytime arising out of other loadings/discharges.

Delays, after commencement of laytime, attributed to causes beyond the control and without the fault or negligence of the Contractor or the U.S. Government will result in increasing the basic allowed laytime by one half of the delay time.

Payment of demurrage. For all hours of laytime which elapse in excess of the basic allowed laytime for unloading provided for by subparagraph (k)(1)(v), or as otherwise provided in the Schedule, the Contractor shall pay demurrage to the Government as follows:

USS, USNS, or time chartered vessels. At the demurrage rate for the vessel loaded computed to the nearest whole hour as published by the Military Sealift Command and in effect on the date the loading of the vessel is completed.

Voyage chartered vessels. At the demurrage rate cited in the charter, except that the demurrage payable by the Contractor shall in no event exceed the demurrage expense incurred by the Government under the Charter.

(End of Clause)

52.211-9073 Determination of Quantity - DLA Energy.

As prescribed in 11.703-91, insert the following clause:

DETERMINATION OF QUANTITY – DLA ENERGY (NOV 2011)

Quantity. The quantity of supplies furnished under this contract shall be determined as follows:

Free on Board (f.o.b.) origin. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries into tanker or barge. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or

Shipping/shore tank measurement.

Deliveries into pipeline. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or shipping tank measurements.

Deliveries into rail tank car. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or, using calibrated scales; or certified capacity table for the rail tank car.

Deliveries into tank truck, truck and trailer, or tank wagon. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or weight, using calibrated scales; or certified capacity table for the conveyance or container.

Deliveries into intermodal container. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or "fall arrest" system), or certified capacity table for the container, or weight, using calibrated scales.

F.o.b. destination.

Deliveries by tanker or barge.

On items requiring delivery on an f.o.b. destination basis by tanker or barge, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the receiving tank system; or receiving tank measurements. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by pipeline.

On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the pipeline junction or the receiving tank system; or receiving tank measurements.

F.o.b. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government-owned or controlled pipeline.

All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by rail tank car.

On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of calibrated meter on the receiving tank system; or weight, using calibrated scales at the receiving location; or certified capacity table for the rail tank car; or receiving tank measurements.

All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by tank truck/truck and trailer/tank wagon/intermodal container.

On items requiring delivery on a f.o.b. destination basis by tank truck, truck and trailer, tank wagon or intermodal container, the quantity shall be determined —in the following order of preference:

Calibrated temperature compensating meters on the receiving system (as identified in the schedule).

Calibrated temperature compensating meter on the delivery conveyance (as identified in the schedule).

Weight, using calibrated scales at the receiving location (as identified in the schedule).

Calibrated meters on the receiving system, requiring manual volume correction (as identified in the schedule).

Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales.

Calibrated meter on the delivery conveyance, requiring manual volume correction.

Loading ticket, not volume corrected (requiring manual volume correction).

Invoice quantities for all residual fuels and lubricating oils and invoice quantities for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of nonresidual fuels which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) Number 4 Fuel Oil (ASTM D 396).

Water bottoms.

Every delivery must be free of all water bottoms prior to discharge; and

The Contractor is responsible for their removal and disposal.

Measurement restrictions. All methods of measurement described in this clause are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

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 (MPMS). Outside the U.S., other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibrations standards. In addition, the following specific standards will be used as applicable:

API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and International Organization for Standardization (ISO) 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine for the 2004 version of the standard will be the referee method.

For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A; or Volume IV, Tables 23A and 24A.

For lubricating oils, use Tables 5D and 6D, Tables 53D and 54D, or Tables 23D and 24D.

For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VIII, Tables 53B and 54B; or Volume V, Tables 23B and 24B.

For chemicals/additives use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

As an option to (b) (1) (v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

If the original measurement is by weight and quantity is required in U.S. gallons, then—

Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

API MPMS, 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 12 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which as a minimum contains number/name of each meter; calibration frequency; date of the last calibration; due date for next calibration; name and signature of the person performing the calibration; traceability to master meter/prover used for calibration; and calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter records and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

| Table F1.09a Conversion Factor Table |
Density @ 15ºC | Gallons at 60ºF to Liters at 15ºC; Multiply by | Liters at 15C to Gallons at 60F, Multiply by
0.723 – 0.768 | 3.78286 | 0.26435
0.769 – 0.779 | 3.78309 | 0.26433
0.780 – 0.798 | 3.78334 | 0.26432
0.799 – 0.859 | 3.78356 | 0.26430
0.860 – 0.964 | 3.78381 | 0.26428
0.965 – 1.074 | 3.78405 | 0.26427

Shipping documentation. When the Contractor’s shipping document (such as a truck’s metered ticket) is used to determine, or verify, the payment quantity under this contract, the following information shall be provided on that shipping document: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured. This information shall be mechanically imprinted on the shipping document. Although this will apply primarily to the use of meters in various applications, it also applies to any other quantity determination method. The following exceptions apply:

Where Government documents are the sole basis for payment, such as Department of Defense (DD) Form 250/250-1s, the information is not required.

Where conveyances with temperature-compensating meters are used, the shipping document shall only be annotated with the corrected API gravity/density, the net quantity, and a statement that a temperature-compensating meter was used to determine net quantity.

Where conveyances with temperature compensating meters are not used, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

Right to representative. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

(End of Clause)

52.211-9084 Packaging, Packing, Marking and Labeling of Hazardous Material Shipments (DLA Maritime-Norfolk).

As prescribed in 11.204-104, insert the following clause in full text:

PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS MATERIAL SHIPMENTS (DLA MARITIME-NORFOLK) (NOV 2011)

(a) Packaging, packing, marking and labeling hazardous materials to be shipped by any mode or combination of transportation modes shall be prepared (properly classed, described, packages, marked, labeled, placarded, etc.) for shipment in accordance with military standard (MIL-STD) 129 and all applicable Government and carrier regulations in effect at the time of shipment.

(b) Applicable regulations include, but are not necessarily limited to the following:

(1) Code of Federal Regulations (CFR) Title: 49 Transportation Parts 100-199.

(2) Official Air Transport Restricted Articles Tariff Number 6-D C.A.B.82.

(3) Official Air Transport Restricted Articles Circular Number 6-D.

(4) International Air Transport Association Restricted Articles Regulations.

(5) International Maritime Dangerous Goods Code.

(6) Air Force Regulation 71-4 Preparation of Hazardous Materials for Military Shipment.

(c) Export shipments are also subject to the domestic regulations indicated for the port of embarkation.

(End of Clause)

52.211-9085 Prohibited Packing Materials (DLA Maritime-Norfolk and Puget Sound).

As prescribed in 11.204-105, insert the following clause in full text:

PROHIBITED PACKING MATERIALS (DLA MARITIME-NORFOLK AND PUGET SOUND)

(JUN 2011)

The following packing materials are prohibited: asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material), and loose fill polystyrene. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material.

(End of Clause)

52.211-9086 Deteriorative Material Marking (DLA Maritime-Norfolk and Puget Sound).

As prescribed in 11.204-106, insert the following clause in full text:

DETERIORATIVE MATERIAL MARKING (DLA MARITIME-NORFOLK AND PUGET SOUND) (NOV 2011)

(a) Deteriorative material shall be supplied with at least two-thirds of their shelf life remaining at the time of shipment. The Contractor will include as part of the marking, the following information:

(1) Expiration date, storage time period or maximum shelf life limitation from time of delivery.

(2) Required temperature, humidity or other storage conditions.

(3) Marking of the shelf life date shall be specified in military standard (MIL-STD) 129, for each unit of material, issue, package, intermediate container and exterior shipping container.

(End of Clause)

52.211-9087 Level I Material Marking (DLA Maritime-Norfolk)).

As prescribed in 11.304-90(e), insert the following clause in full text:

LEVEL I MATERIAL MARKING (DLA MARITIME-NORFOLK) (NOV 2011)

(a) The following are the minimum marking requirements. Additions or alternative marking requirements, if applicable, will be specified in the procurement specification ordering data.

(b) All materials, which secure or act as pressure boundaries of Level I systems, supplied must be permanently and legibly marked in accordance with military standard (MIL-STD) 792 (latest revision) unless otherwise specified in the applicable specifications or drawings.

(c) The marking will not affect the fit, form or function of the material. For welded items, the marking will be located at least 1/2 inch from the weld edge. Items prepared for silver brazing will be marked outside the ultrasonic text area.

(d) Traceability markings for items with precision machined or plated surfaces or material with a suitable marking surface of less than 3/8 square inches (i.e., 3/8” x 3/8”) shall be applied to a durable tag and the tag securely affixed to the material. Mark the tag “item not permanently marked.”

(e) Traceability markings shall be maintained throughout assembly, and whenever possible shall be visible after assembly. For items where marking is not visible after assembly, a durable tag shall be securely attached to the item identifying the part number, piece number, traceability code and location of the permanent mark.

(f) When traceability markings are removed by a manufacturing or fabrication process, the marking shall be recorded prior to removal and be immediately restored upon completion of the process. If this cannot be done or is impractical, an appropriate material control procedure (such as a bag and tag, tagging, and /or tote box control) must be employed. The material control procedure must provide the method of positive control to preclude commingling of heats or loss of traceability. The traceability code shall be reapplied upon completion of the final manufacturing process.

(g) Traceability marking of consumable materials (i.e. weld filler metal, silver braze alloys, etc.) shall be by label attached to each container. Each container must contain material from the same heat, lot, or batch.

(End of Clause)

52.211-9088 Level I Pressure Boundary Markings (DLA Maritime-Norfolk).

As prescribed in 11.304-90(f), insert the following clause in full text:

LEVEL I PRESSURE BOUNDARY MARKINGS (DLA MARITIME-NORFOLK) (NOV 2011)

All materials which secure or act as pressure boundaries of Level I essentiality materials purchased under this contract must be permanently and legibly marked in a manner approved by military standard (MIL-STD) 792D. Marking shall be located so as not to affect the fit, form or function of the item. Additionally marking shall be located at least 1/2 inch from ends prepared for welding and outside of ultrasonic test areas of items prepared for silver brazing.

(End of Clause)

52.211-9089 Level I Fastener identification (DLA Maritime-Norfolk).

As prescribed in 11.304-90(g), insert the following clause in full text:

LEVEL I FASTENER IDENTIFICATION (DLA MARITIME-NORFOLK) (JUN 2011)

(a) Identification shall be maintained for Level I fasteners by unique lot number. All Level I fasteners, 1/2 inch nominal diameter and larger and all hull integrity fasteners, regardless of size, shall be marked with the kind of material, manufacturer’s trademark or symbol, and traceability code (i.e., heat number, lot number). Level I fasteners less than 1/2 inch nominal diameter shall be marked as space permits using the following order of precedence:

(1) The kind of material

(2) The manufacturer’s trademark or symbol

(3) The traceability code

(b) The material control process shall include requirements for the maintenance of traceability for items sent out for subcontracted operations. If such operations would remove traceability marking, purchase or work orders shall specify method and marking location for remarking. The Contractor shall also ensure that subcontractor production controls are adequate to preclude commingling of materials during processing. The Contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(c) For material produced by batch, continuous cast, or continuous pour process, samples shall be taken no less than once every eight hours of operation for the purpose of validating proper chemical composition and mechanical properties.

(End of Clause)

52.212-9000 Changes – Military Readiness.

As prescribed in 12.302(b)(3)(91), insert the following clause:

CHANGES – MILITARY READINESS (NOV 2011)

The commercial changes clause at Federal Acquisition Regulation (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-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 results in the call or order to, or retention on, active duty of members of the uniformed services under 10 United States Code (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 (NOV 2011)

This acquisition is being conducted using Federal Acquisition Regulation (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)

52.212-9004 Reference to Uniform Contract Format (UCF) in Commercial Acquisitions.

As prescribed in 12.204 (b), insert the following clause:

REFERENCE TO UNIFORM CONTRACT FORMAT (UCF) IN COMMERCIAL ACQUISITIONS (NOV 2011)

Acquisitions for commercial items under Federal Acquisition Regulation (FAR) Part 12 procedures do not follow the UCF prescribed in FAR 15.204-1. Therefore, whenever a clause in this solicitation or award references a UCF section, it will be construed to mean the following (to the extent applicable in the particular acquisition):

Section B The Schedule

Section C Statement of work or performance work Statement

Sections F,G,H,I FAR clause 52.212-5; Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.212-7001/ other non-Part 12 FAR,DFARS or Defense Logistics Acquisition Directive (DLAD) clauses included in the solicitation/contract

Section K FAR clause 52.212-3; DFARS Clause 252.212-7000

Section L FAR Clause 52.212-1 and any addendum thereto

Section M FAR clause 52.212-2 and any addendum thereto.

(End of Clause)

52.213-9000 Quantity break.

As prescribed in 13.101(a)(1)(90), insert a provision substantially as follows:

QUANTITY BREAK (NOV 2011)

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 request for quote (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 $150,000 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 (NOV 2011)

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 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 free on board (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. If phased deliveries are required or offered, each phase of delivery will be presumed to result in one inspection.

(End of Provision)

Alternate I. Evaluation Factor for Source Inspection. As prescribed in 13.106-90(a) insert the following provision.

EVALUATION FACTOR FOR SOURCE INSPECTION ALTERNATE I (NOV 2011)

(a) If the quote or offer is evaluated in accordance with Defense Logistics Acquisition Directive (DLAD) provision 52.213-9001, in Section M, an evaluation factor will be added to the offeror's quoted price for each source inspection.

(b) This solicitation is intended to result in the award of a contract under which multiple orders may be placed. For evaluation purposes, it is anticipated that delivery orders will be issued. The evaluation factor will be applied based on a presumption that each order issued under this contract will result in a source inspection.

(End of Provision)

52.213-9002 [Reserved.]

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 (NOV 2011)

(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 Defense Logistics 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/Acquisition. 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. Federal Acquisition Regulation (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: Taxpayer Identification Number (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 United States (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 Code of Federal Regulations (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 Commercial and Government Entity (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_____________________________________________________________. 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. NA = Not applicable
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)
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 = “AbilityOne” 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 the above categories.) 04B Historically underutilized business zone (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; Defense Federal Acquisition Regulation Supplement (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.) 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 non-qualifying 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 Britain and Northern Ireland FR = France 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 non-qualifying 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 GR = Greece 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,” “superseding 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)

52.213-9005 [Reserved.]

52.213-9006 [Reserved.]

52.213-9007 Defense Logistics Agency (DLA) Internet Bid Board System (DIBBS) Quoting Information for BSM Automated Solicitations.

As prescribed in 13.106-1(91), insert the following provision in all Business Systems Modernization (BSM) automated solicitations valued at or below $150,000:

DEFENSE LOGISTICS AGENCY (DLA) INTERNET BID BOARD SYSTEM (DIBBS) QUOTING INFORMATION FOR BUSINESS SYSTEMS MODERNIZATION (BSM) AUTOMATED SOLICITATIONS (NOV 2011)

(a) Automated solicitations on DIBBS: This provision applies to all BSM automated solicitations valued at or below $150,000, Requests for Quotations (RFQs), that are posted on 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 Federal Acquisition Regulation (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 United States (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 United States (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 Procurement Automated Contract Evaluation System (PACE) procurement 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 commercial and Government Entity (CAGE) code 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 $150,000 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 $150,000 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.

(End of Provision)

52.213-9008 Procurement Automated Contract Evaluation (PACE) Information.

As prescribed in 13.106-2(b) (92), insert the following provision in all BSM automated solicitations valued at or below $150,000:

PROCUREMENT AUTOMATED CONTRACT EVALUATION (PACE) INFORMATION

(NOV 2011)

(a) PACE evaluation: Acquisitions are candidates for automated award under the Defense Logistics Agency’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 $150,000 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 Defense Logistics Agency’s 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 commercial and Government entity (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 free on board (f.o.b.) 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 Defense Logistics Acquisition Directive (DLAD) clause 52.213-9001; factor does not apply to Foreign Military Sales (FMS) and Direct Vendor Delivery (DVD) 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 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 Defense Federal Acquisition Regulation Supplement (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 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 Defense Logistics Agency Pre-award Contracting System (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 (NOV 2011)

When the contract or order includes Federal Acquisition Regulation (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) Free on board (f.o.b.) 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)

52.213-9010 Indefinite delivery purchase order (IDPO) evaluation.

As prescribed in 13.390-5(b)(3)(90), insert the following clause:

INDEFINITE DELIVERY PURCHASE ORDER (IDPO) EVALUATION (NOV 2011)

(a) The Government will award an IDPO contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and/or other factors specified elsewhere in this solicitation considered. Evaluation of prices will be based on the estimated annual demand, as stated in the schedule.

(b) Failure to agree to Defense Logistics Acquisition Directive (DLAD) clause 52.213-9003 (Section I) of this solicitation will affect the award decision for the solicited quantity in that any offer received that fails to agree to an Indefinite Delivery Purchase Order Contract will be rejected as technically unacceptable.

(End of Provision)

52.213-9011 Indefinite Delivery Purchase Order (IDPO) Agreement.

As prescribed in 13.390-1(90), insert the following clause:

INDEFINITE DELIVERY PURCHASE ORDER (IDPO) AGREEMENT (SEP 2008)

Notice: The Government desires to award an IDPO agreement. The Government will award an Indefinite Delivery Purchase Order (IDPO) Contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and/or other factors specified elsewhere in this solicitation considered.

(a) The Contractor agrees that it will accept additional orders under the same terms and conditions specified in the basic order. The initial delivery order represents the minimum quantity, therefore the Government is under no obligation to place additional orders. The Government may place additional orders for a period of _____ (buyer fill-in) year(s) from the date of the initial order. All additional orders will reference the basic order. The aggregate value of all orders shall not exceed the simplified acquisition threshold. Therefore, the maximum value under the IDPO is $150,000.

(b) Evaluation of Quotes. If quotes include variable pricing based upon conditions such as quantity ranges, transportation zones, and/or option years, quotes will be evaluated by establishing an average unit price. The average unit price will be established by adding all unit prices together, then dividing the sum by the number of unit prices.

(c) Pricing of Orders. When issuing orders, the unit price shall be based on the price from the quantity range that will cover the total quantity on the order, regardless of destination.

(d) Numbering. The uniform procurement instrument identification numbering (PIIN) system will be used. The IDPO Agreement and subsequent orders will be distinguished by a “D” in the ninth position, and a “5” in the tenth position of the PIIN. The first order will be numbered with a sub-PIIN of “0001”. Subsequent orders will be serially numbered with sub-PIINs of “0002” through “9999”.

(End of Clause)

52.213-9012 Indefinite Delivery Purchase Order (IDPO) Contract.

As prescribed in 13.390-1(91), insert the following clause:

INDEFINITE DELIVERY PURCHASE ORDER (IDPO) CONTRACT (NOV 2011)

Notice: The Government desires to enter into an IDPO contract. The Government will award an IDPO contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and/or other factors specified elsewhere in this solicitation considered.

(a) The Contractor agrees that it will accept additional orders under the same terms and conditions specified in the order. This agreement becomes binding upon delivery of the initial order, which is the minimum quantity for this IDPO. The initial delivery order represents the minimum quantity for this IDPO, and the Government is under no obligation to place additional orders under this contract. The Government may place additional orders for a period of _____ (buyer fill-in) year(s) from the date of the basic order. All additional orders will reference the initial order. The aggregate value of all orders shall not exceed the simplified acquisition threshold. Therefore, the maximum value under the IDPO is $150,000, or $6,500,000 for acquisitions conducted under Federal Acquisition Regulation (FAR) Subpart 13.5.

(b) Evaluation of quotes. If quotes include variable pricing based upon conditions such as quantity ranges, transportation zones, and/or option years, quotes will be evaluated by establishing an average unit price. The average unit price will be established for awards under $150,000, by adding all unit prices together, then dividing the sum by the number of unit prices. For acquisitions conducted under FAR Subpart 13.5 that exceed $150,000, quotes will be evaluated in accordance with (buyer fill-in).

(c) Pricing of orders. When issuing orders, the unit price shall be based on the price from the quantity range that will cover the total quantity on the order, regardless of destination.

(d) Numbering. The uniform procurement instrument identification numbering (PIIN) system will be used. The IDPO Agreement and subsequent orders will be distinguished by a “D” in the ninth position, and a “5” in the tenth position of the PIIN. The first order will be numbered with a sub-PIIN of “0001”. Subsequent orders will be serially numbered with sub-PIINs of “0002” through “9999”.

(End of Clause)

52.214-9001 Schedule--Firm Fixed Price and 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 AND FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT (EPA) (NOV 2011)

(a) 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 And Fixed Price With Economic Price Adjustment Portions".

Contract line-item (CLIN) ______

Firm fixed priced portion $_________

Portion subject to EPA +_________

Total base period unit price (sum of two) $_________

(See 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].

52.214-9002 Trade Discounts.

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)

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 Free on Board (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 FREE ON BOARD (F.O.B.) ORIGIN OFFER (NOV 2011)

Unless otherwise specified by the bidder, the Government may apply an f.o.b. origin offer against any f.o.b. origin item or sub-item 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

(NOV 2011)

(a) This contract is being awarded under the authority of Federal Acquisition Regulation (FAR) 6.302-3 (10 United States Code (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)

52.214-9005 Descriptive Literature.

As prescribed in 14.202-5(90), insert the following clause:

DESCRIPTIVE LITERATURE – INDUSTRIAL PLANT EQUIPMENT (IPE)

(NOV 2011 )

(a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective Contractor or for operating or maintaining equipment.

(b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers.

(c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered.

(d) The offeror shall submit descriptive literature in duplicate, which provides evidence of compliance to the requirements of this solicitation. Unless indicated otherwise under special notes in Schedule B, each paragraph in Section C must be addressed in the descriptive literature submitted with an annotation indicating any exceptions taken or alternates proposed. Any section C requirements not addressed in the descriptive literature shall be submitted in a narrative form. Paragraphs annotated "exception" or "alternate" shall indicate why the exception or alternate is being taken and what is offered in its place.

(e) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected.

(End of Clause)

52.214-9006 Conditional or Qualified Offers.

As prescribed in 14.302-90, insert the following provision:

CONDITIONAL OR QUALIFIED OFFERS (AUG 2008)

(a) In order that offerors may not over-commit the capacity of their facilities, the Government will receive and consider offers under this solicitation which limit the acceptable quantities of any awards hereunder depending on the quantities which may be awarded by the Government on offers submitted on prior solicitations.

(b) In the event that two or more solicitations issued by the DLA for similar materials are outstanding at the same time, the DLA will evaluate offers and make awards in the order of the date and hour specified in the solicitations for the receipt of offers unless such action is precluded by circumstances beyond its control.

(c) If the offeror proposes to limit its offer in accordance with paragraph 1 above, the following stipulation will be completed:

This offer is submitted on condition that the offeror will not receive an award under the solicitation(s) listed below in quantities equal to or greater than that shown:

Solicitation Number(s) Item Number(s) Quantities

(End of Provision)

52.214-9007 Place of Production of An Industrial Preparedness Program (IPP) Planned Item.

As prescribed in 14.202-91, insert the following clause:

PLACE OF PRODUCTION OF AN INDUSTRIAL PREPAREDNESS PROGRAM (IPP) PLANNED ITEM (AUG 2008)

Production of the deliverable end item will be accomplished utilizing the facilities constituting the basis for the qualifying IPP Agreement except as otherwise approved by the Contracting Officer.

(End of Clause)

52.214-9008 Rounding Off of Offer and Award Prices.

As prescribed in 14.302-91, insert the following clause:

ROUNDING OFF OF OFFER AND AWARD PRICES (AUG 2008)

Unit prices shall be limited to a maximum of five decimal places. For evaluation and award purposes, offers containing a unit price of more than five decimal places shall be rounded off to five decimal places. For administrative purposes, the extended line item and total dollar amounts will be rounded to two decimal places and may not precisely reflect the quantity or quantities times the unit prices(s). Payment shall be accomplished on a unit price basis.

(End of Clause)

52.214-9008 Alternate I Rounding Off of Offer and Award Prices.

As prescribed in 14.302-91, insert the following clause:

ROUNDING OFF OF OFFER AND AWARD PRICES ALTERNATE I (AUG 2008)

In lieu of five decimal places, unit prices shall be limited to a maximum of two decimal places. For evaluation and award purposes, offerors containing a unit price of more than two decimal places shall be rounded off to two decimal places, as follows:

$0.01 to $0.104 = $0.10

$0.105 to $0.109 = $0.11

$0.111 to $0.114 = $0.11

$0.115 to $0.119 = $0.12, etc.

(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 (NOV 2011)

(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 General Services Administration (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)(i), insert the following provision.

SOCIOECONOMIC PROPOSAL (FEB 2012)

Whether or not required to submit a subcontracting plan by the clause 52.219-9, all offerors shall:

(a) Provide a description of the efforts your company will make to assure that small, women-owned, historically underutilized business zone(s) (HUBZone), veteran-owned, service-disabled veteran-owned small business (SDVOSB), and economically disadvantaged women-owned small business concerns, and historically black colleges/universities or minority institutions (HBCUs/MIs) 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 each of these categories. Include specific names of subcontractors to the extent they are known.

(b) Describe any future plans your company has for developing additional subcontracting opportunities for each of these categories during the contract period.

(c) Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to each of these categories.

(d) Specify what type of performance data you will accumulate and provide to the Contracting Officer regarding your support of each of these categories 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 [Reserved.]

52.215-9004 AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) Entity Proposal.

As prescribed in 15.304(c)(S-91) (ii), insert the following or a similar provision:

ABILITYONE (FORMERLY CALLED JAVITS-WAGNER-O’DAY ACT (JWOD)) ENTITY PROPOSAL (FEB 2012)

(a) Provide a description of the efforts your company will make to assure that AbilityOne, (formerly called 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 AbilityOne 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 AbilityOne 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 AbilityOne 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 AbilityOne entities. Specify what type of performance data you will accumulate and provide to the Contracting Officer regarding your support of AbilityOne 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 and women-owned small businesses).

(End of Provision)

52.215-9005 AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) Entity Support Evaluation.

As prescribed in 15.304(c)(S-91)(ii), insert the following or a similar provision:

ABILITYONE (FORMERLY CALLED JAVITS-WAGNER-O’DAY ACT (JWOD)) ENTITY SUPPORT EVALUATION (FEB 2012)

The AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) entity proposal provided by the offeror under 52.215-9004 will be evaluated in accordance with the evaluation scheme in the solicitation. An offeror that proposes or demonstrates a higher percentage, complexity level, and variety of participation by AbilityOne qualified nonprofit agencies for the blind or other severely disabled as subcontractors beyond those items for which AbilityOne 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 AbilityOne entities will be used as an element of past performance evaluation in subsequent source selection decisions.

(End of Provision)

52.215-9006 AbilityOne, (formerly called Javits-Wagner-O’Day Act (JWOD)) Entity Support- Contractor Reporting.

As prescribed in 15.304(c)(S-91)(iii), insert the following clause:

ABILITYONE (FORMERLY CALLED JAVITS-WAGNER-O’DAY ACT (JWOD)) ENTITY SUPPORT- CONTRACTOR REPORTING (FEB 2012)

The Contractor shall submit periodic progress reports, no less frequently than annually, to the Contracting Officer regarding the Contractor's subcontracting efforts relative to AbilityOne 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)

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 if facsimile bids are authorized. For DLA Land and Maritime and DLA Troop Support solicitations use Alternates I and II to replace paragraph (c) as appropriate.

FACSIMILE BIDS AND PROPOSALS (NOV 2011)

(a) Facsimile bids, proposals, amendments (including final proposal revisions (FPRs)), and withdrawals will be considered only if authorized in the solicitation by Federal Acquisition Regulation (FAR) 52.214-31, Facsimile Bids, or 52.215-5, Facsimile Proposals (Section 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) Defense Logistics Agency (DLA)/DLA Land and Maritime 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) DLA Aviation. 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 final proposal revisions (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) DLA Land and Maritime. The telephone number of the receiving facsimile equipment is 614-692-4275.

Alternate II - (c) DLA Troop Support. The telephone number of the receiving facsimile equipment is 215-737-9300 or 215-737-9301.

(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)

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 (Invitation For Bid (IFB)/Request For Proposal (RFP) Only.

As prescribed in 15.204-5(c)(90)(v), insert the following provision:

ALL OR NONE (INVITATION FOR BID (IFB)/REQUEST FOR PROPOSAL (RFP) ONLY)

(NOV 2011)

(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 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 an 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)

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.

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.

Quantity ranges consist of a specific series of ranges. The quantity awarded may fall anywhere within any range.

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.

If this is a request for quote (RFQ) or a request for proposal (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.

If this solicitation requests offers for quantity ranges, the following apply:

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;

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.

Award may be made on the basis of that quantity and price combination that is most advantageous to the Government without discussion of proposals.

Cost or pricing data, if required, shall be furnished at the request of the Contracting Officer and need not be submitted with your offer.

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 (NOV 2011)

(a) 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 free on board (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.

(b) The Government reserves the right to deny approval even if these four elements are met.

(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 (NOV 2011)

(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 Federal Acquisition Regulation (FAR) provision titled Contract Award in Section L of this solicitation.

(End of Provision)

52.215-9015 Production Capacity - DLA Troop Support – Clothing and Textiles.

As prescribed in 15.304-91, insert the following provision:

PRODUCTION CAPACITY - DLA TROOP SUPPORT - CLOTHING AND TEXTILES (NOV 2011)

(a) This solicitation calls for items producible with facilities that could also be used under production contracts resulting from other solicitations issued by the DLA Troop Support. 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)

(NOV 2011)

Per Federal Acquisition Regulation (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)

(a) This solicitation / award consists of the following documents, exhibits, and other attachments:

(1)

(2)

(3)

(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)

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)

52.215-9019 Operational Capability Demonstration.

As prescribed in 15.308-94 insert the following provision:

OPERATIONAL CAPABILITY DEMONSTRATION (AUG 2008)

(a) This provision provides guidelines and instructions for offeror preparation and execution of the operational capability demonstration to be conducted as part of the proposal evaluation/selection process. Only the apparent successful offeror(s) may be required to perform an operational capability demonstration. Other offerors may be required to perform this functional demonstration but only if the initial apparent successful offeror withdrew or failed the demonstration. The Government may, at its option, waive the operational capability demonstration if it determines that the test is unnecessary.

(b) The goals of the operational capability demonstration are:

(1) Representativeness: this demonstration represents only a part of the overall evaluation process. It is composed of applications and tasks that are designed to test the ability of the item(s) offered to correctly meet the specification requirements.

(2) Functional Capability: This demonstration is intended to exercise the required function(s) to determine if the operational capability required is actually being provided.

(c) The test criteria are: _____(Insert text)___________________________________

(d) The offeror shall satisfactorily demonstrate the functional operation of the item(s) to receive further consideration under the terms of the solicitation. The item(s) demonstrated must meet the test criteria specified in paragraph (c) of this provision. The offeror shall demonstrate all features of the item(s) to include any evaluated optional features that are being offered.

(e) An offeror may withdraw at any time. Offerors who withdraw are requested to advise the government in writing. Withdrawal from the operational capability demonstration constitutes withdrawal from any further consideration in this acquisition.

(f) The Government will not reimburse the offeror for time, effort, or any other expense incurred for the preparation and conduct of the demonstration.

(g) The demonstration should be conducted at a site free from outside interference. Participation should be limited to essential, key personnel directly involved in the demonstration. The operational capability demonstration shall be conducted by the offeror within 15 days after notification by the Contracting Officer. Time and date of the demonstration shall be mutually agreed upon by the offeror and the Contracting Officer. The Government will schedule operational capability demonstrations with regard to the effective use of government personnel, and if possible, on the date requested by the offeror.

(h) The location of the offeror’s proposed demonstration site shall be reported to the government below. Whenever feasible, the demonstration shall be held at DLA Troop Support.

Offeror’s proposed demonstration site:_______(Fill in)_____________________

(i) Inquiries concerning the demonstration shall be submitted in writing to the Contracting Officer.

(j) Instructions for performing the demonstration:

(1) The evaluation team will arrive at the demonstration site at a time agreeable to the offeror and the government and established in writing through the Contracting Officer.

(2) The offeror shall brief the team prior to the initiation of the demonstration. The offeror shall use the briefing period to explain to the evaluation team how the demonstration will be conducted and to answer questions concerning the demonstration.

(3) Errors due to operators or equipment shall be documented if they occur. All errors, malfunctions, or other problems shall be discussed with the evaluation team member-in-charge. Allowances for correction/reruns will be at the discretion of the member-in-charge of the team.

(4) The demonstration is allotted _______[Insert text]________________.

Although this is not a timed benchmark test, the demonstration should be conducted within the time allotted.

(End of Provision)

52.215-9020 Instructions for Submitting Product Demonstration Models (PDM) for Supply Chains at DLA Troop Support.

As prescribed in 15.308-93, insert the following provision:

INSTRUCTIONS FOR SUBMITING PRODUCT DEMONSTRATION MODELS (PDM) FOR SUPPLY CHAINS AT DLA TROOP SUPPORT (NOV 2011)

(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 _________ Number 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 Federal Acquisition Regulation (FAR) Subpart 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: 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)

52.215-9021 Department of Defense (DOD) Electronic Mall (EMALL) Purchasing Reviews.

As prescribed in 15.408-90, insert the following clause in all DoD EMALL solicitations and contracts.

DEPARTMENT OF DEFENSE (DOD) ELECTRONIC MALL (EMALL) PURCHASING REVIEWS (NOV 2011)

(a) The Contracting Officer may conduct price reasonableness reviews of items or services provided under this contract, regardless of dollar value, that were not specifically determined to have fair and reasonable prices at contract award. If an initial review of the price results in a determination by the Contracting Officer that a price is not fair and reasonable, the burden of proof shall be upon the Contractor to establish that the price is reasonable under the standards in Federal Acquisition Regulation (FAR) 12.209 and Subpart 15.4.

(b) If the Contracting Officer determines that an item or service is unreasonably priced, the Contracting Officer may direct that the item or service be removed from ordering under the contract if agreement cannot be reached with the Contractor concerning a fair and reasonable price for the item or service. The Contracting Officer may also recover from the Contractor the amount the Contracting Officer determines has been paid to the Contractor in excess of a reasonable price for that item or service. The Contracting Officer will 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, unless it can demonstrate to the satisfaction of the Contracting Officer that the price in question is fair and reasonable. The Contractor 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.

(c) Any disputes arising under this provision shall be handled in accordance with the “Disputes” clause of this contract.

(End of Clause)

52.215-9022 Contractor Past Performance Evaluation – Automated Systems.

As prescribed in 15.304-90(f)(2), insert the following provision:

CONTRACTOR PAST PERFORMANCE EVALUATION – AUTOMATED (NOV 2011)

(a) General.

(1) Past performance is an indicator of a Contractor’s ability to perform satisfactorily on future awards.

(2) When used in best value source selections, past performance information will be evaluated based upon a comparative assessment among Contractors from which quotes/offers were received.

(b) Scope. Past performance information shall not be used in this acquisition to -

(1) determine a Contractor’s technical acceptability;

(2) make responsibility determinations.

(c) Past Performance Systems:

(1) The Defense Logistics Agency (DLA) will evaluate a Contractor’s past performance, including, but not limited to, their record of conforming to specifications, conformance to the standards of good workmanship, adherence to contract schedules, and commitment to customer satisfaction. DLA will utilize the following information systems in evaluation of Contractor past performance: Automated Best Value System (ABVS); Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR).

(2) The ABVS is the DLA legacy computerized past performance system that collects a Contractor’s existing past performance data and translates it into a numeric score. The Contracting Officer then uses the score as an additional evaluation factor when making best value award decisions.

(3) The PPIRS-SR is a web-enabled, government-wide application that collects quantifiable delivery and quality Contractor past performance information from the Department of Defense (DoD) contracting activities.

(4) Definitions:

(i) “Score(s),” as used in this provision, refers to the ABVS assessment of a Contractor’s delivery and quality performance on past DLA contracts.

(ii) “Classification(s),” as used in this provision, refers to the PPIRS-SR assessment of a Contractor’s delivery and quality performance on past DoD contracts, including DLA.

(5) ABVS Scores:

(i) DLA assigns an ABVS score to each Contractor based on the Contractor’s past performance. Contractors receive scores for performance in each federal supply class (FSC) score. The FSC scores are based on DLA consolidated performance history. A Contractor may have multiple FSC scores but will have only one DLA score, which is a compilation of the Contractor’s FSC scores for all business conducted with DLA.

(ii) The ABVS score is a combination of a vendor's delivery and quality scores; scores range from zero to a perfect score of 100.

(iii) Scores are calculated daily based upon two years of data.

(iv) ABVS delivery scores provide quantification of the number and severity of Contractor-caused delinquencies, terminations, cancellations, and withdrawals for products in that FSC (or, if the Contractor has no history for the particular FSC, for all products the Contractor provided to DLA within the time period under consideration).

(v) ABVS quality scores reflect the number and type of quality complaints (product and packaging nonconformances) issued against a Contractor for products in that FSC or for all products it provided to DLA, as described in (iv), above.

(vi) Data sources for past performance information include:

(A) Product Data Reporting and Evaluation Program (PEDREP);

(B) Systems, Applications and Products in Data Processing (SAP);

(C) DLA Preaward Contracting System (DPACS).

(vii) DLA will make negative quality and delivery data reflected in the ABVS score available to Contractors daily for review and challenge.

(viii) For further details concerning ABVS Score calculations and Contractor data challenge procedures, refer to the ABVS website.

(6) PPIRS-SR Classifications.

(i) PPIRS-SR classifications are based on federal supply class (FSC).

(ii) Classifications are calculated monthly based upon three years of data.

(iii) PPIRS-SR Classifications are comprised of a Delivery Score and a Quality color ranking.

(iv) The PPIRS-SR delivery score is based upon the total number of contract line items received and on weighted late deliveries.

(v) The Contractor quality performance ranking is based upon a comparison among all Contractors within an FSC.

(vi) Data sources for past performance information include:

(A) Product data reporting and evaluation program (PEDREP);

(B) Systems, applications and products in data processing (SAP);

(C) DPACS;

(D) ABVS.

(vii) PPIRS-SR will make negative quality and delivery data reflected in the PPIRS-SR Classification available to Contractors for review and challenge.

(viii) For details concerning PPIRS-SR Classification calculations and Contractor data challenge procedures, refer to the “PPIRS-SR Procedural Guide for Application Development”.

(7) Evaluation using ABVS scores and PPIRS-SR classifications.

(i) The Contracting Officer will first evaluate Contractors using the ABVS FSC score for the solicited FSC in effect at the time of evaluation. The Contracting Officer will use a Contractor’s DLA score to evaluate a Contractor without an FSC score for that particular FSC. The Contracting Officer may consider the volume of business on which the FSC score is based as a measure of confidence in the score’s indication of performance risk. The Contracting Officer may choose to use the DLA score if the volume of business would tend to make the FSC-specific score an inadequate indicator of performance risk. The Contracting Office also may use the DLA score if the FSC scores among Contractors are relatively equal. For non-NSN items, the Contracting Officer will evaluate using a Contractor’s DLA score in effect at the time of evaluation. Contractors with no performance history for the particular FSC or any other FSC, Agency-wide, for the timeframe being rated will be evaluated neither favorably nor unfavorably, and will be assigned a “999.9” in ABVS.

(ii) In order for the Government to assess performance risk, if the quoter/offeror having the lowest evaluated price also has an ABVS FSC score below 70 and would potentially be bypassed under best value in favor of a higher priced quoter/offeror with a higher ABVS FSC score, then past performance evaluation will be accomplished using PPIRS-SR, in lieu of ABVS, for all quotes/offers received.

(iii) Evaluation of PPIRS-SR delivery assessments will be based upon a numerical scale ranging from 0 (low) to 100 (high). A ‘0’ (zero) delivery score with ‘0’ (zero) lines is used to designate instances wherein the Contractor has no history for the particular FSC being rated.

(iv) In PPIRS-SR, Contractor quality will be assessed based upon relative ranking among all Contractors within a given FSC.

(v) In the case of a Contractor without a record of relevant past performance or for whom information on past performance is not available in the PPIRS-SR, the Contractor will be evaluated neither favorably nor unfavorably on past performance.

(vi) Contractor caused discrepancies or delinquencies will be reflected in a Contractor's past performance assessment. Repair, replacement or reimbursement of quality and packaging defects will not provide relief of negative DLA performance data. Contractor caused delivery extensions, regardless of consideration paid, will be reflected in the delivery score.

(8) The Contracting Officer may collect and analyze other information in addition to ABVS/PPIRS-SR past performance information for requisitions in excess of the SAT.

(End of Provision)

52.215-9023 Reverse Auction.

As prescribed in 15.408-90(c), use the following provision.

REVERSE AUCTION (NOV 2011)

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price discussions under this solicitation. If the Contracting Officer does not conduct a reverse auction, award may be made on the basis of initial offers or following discussions not using reverse auctioning as a pricing technique. If the Contracting Officer decides to use on-line reverse auctioning to conduct price negotiations, the Contracting Officer will notify offerors of this decision and the following provisions will apply.

(a) The award decision will be made in accordance with the evaluation factors as set forth in the solicitation. The reverse on-line auction will be used as a pricing technique during discussions to establish the final offered prices from each offeror. These prices will be used in conjunction with the evaluation factors stated elsewhere in the solicitation in order to make the award decision in accordance with the basis for award stated in the solicitation.

(b) Following the decision to conduct discussions using on-line reverse auctioning as a pricing technique, the Contracting Officer or his/her representative will provide offerors determined to be in the competitive range with information concerning the on-line auction process. The Government intends to use a commercial web-based product to conduct the reverse auction.

(c) Prior to or simultaneously with conducting the on-line reverse auction, the Contracting Officer may hold discussions with the offerors concerning matters appropriate for discussion, such as issues involving technical proposals or unbalanced pricing.

(d) The lowest offeror’s price(s) for each round of the reverse auction will be disclosed to other offerors and anyone else having authorized access to the on-line auction. This disclosure is anonymous, meaning that each offeror’s identity will be concealed from other offerors (although it will be known to the Government; only a generic identifier will be used for each offeror’s proposed pricing, such as “Offeror A” or “lowest-priced offeror”). By submitting a proposal in response to the solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other offerors, during the reverse auction.

(e) An offeror’s final auction price at the close of the reverse auction will be considered its final proposal revision. No price revisions will be accepted after the close of the reverse auction, unless the Contracting Officer decides that further discussions are needed and final proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307.

(f) The following information is provided regarding the procedures to be followed if a reverse auction is conducted.

(1) Each offeror identified by the Contracting Officer as a participant in the reverse auction will be contacted by Defense Logistic Agency’s commercial reverse auction service provider to advise the offeror of the event and to provide an explanation of the process.

(2) In order for an Offeror to participate in the reverse auction, such offeror must agree with terms and conditions of the entire solicitation, including this provision, and agree to the commercial reverse auction service provider’s terms and conditions for using its service. Information concerning the reverse auction process and the commercial service provider’s terms and conditions is available at [https://govauctions.sourcing.procuri.com].

(3) Offerors shall secure the passwords and other confidential materials provided by the commercial reverse auction service provider or the Government and ensure they are used only for purposes of participation in the reverse auction. Offerors shall keep their own and other offerors’ pricing in confidence until after contract award.

(4) Any offeror unable to enter pricing through the commercial reverse auction service provider’s system during a reverse auction must notify the Contracting Officer or designated representative [insert name and contact information for designated representative] immediately. The Contracting Officer may, at his/her sole discretion, extend or re-open the reverse auction if the reason for the offeror’s inability to enter pricing is determined to be without fault on the part of the offeror and outside the offeror’s control.

(5) The reverse auction will be conducted using the commercial reverse auction service provider’s website: [ https://govauctions.sourcing.procuri.com]. Offerors shall be responsible for providing their own computer and Internet connection.

(6) Training:

(i) The commercial reverse auction service provider and/or a Government representative will provide familiarization training to offerors’ employees; this training may be provided through written material, the commercial reverse auction service provider’s website, and/or other means.

(ii) An employee of an offeror who successfully completes the training shall be designated as a 'trained offeror.' Only trained offerors may participate in a reverse auction. The Contracting Officer reserves the right to request that offerors provide an alternate offeror employee to become a 'trained offeror.' The Contracting Officer also reserves the right to take away the 'trained offeror' designation from any trained offeror who fails to abide by the solicitation’s or commercial reverse auction service provider’s terms and conditions.

(End of Provision)

52.215-9024 State Minimum Price Regulations.

As prescribed in 15.408-91, insert the following provision:

STATE MINIMUM PRICE REGULATIONS (NOV 2011)

Acquisitions financed by appropriated funds are made under authority of Chapter 137, Title 10 United States Code (U.S.C.), and the Defense Federal Acquisition Regulation Supplement (DFARS). Pursuant to Paul versus United States decided by the Supreme Court of the United States on 14 January 1963, state minimum distributor price regulations with respect to milk or milk products are not applicable to such acquisitions.

(End of Provision)

52.215-9033 Competing Individual Delivery Orders Through On-Line Reverse.

As prescribed in 15.408-90(c) use the following clause.

COMPETING INDIVIDUAL DELIVERY ORDERS THROUGH ON-LINE REVERSE AUCTIONING (NOV 2011)

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price negotiations when placing delivery orders against this contract. If the Contracting Officer does not conduct a reverse auction, the delivery order will be placed based upon pricing established through other means specified in the contract. If the Contracting Officer decides to use on-line reverse auctioning to conduct price negotiations when competing a specific delivery order, the Contracting Officer will notify the Contractor of this decision via email (sample attached), and the following will apply.

(a) The selection decision for a delivery order will be made in accordance with the evaluation criteria stated in the contract or in the request for quotation issued for the proposed delivery order. At the Contracting Officer’s discretion, an on-line reverse auction will be used as the price negotiation technique for this delivery order. If an on-line reverse auction is used, the offered prices at the end of the reverse auction, obtained through one or more rounds of the reverse auction, will be evaluated as the Contractors’ final proposed prices. These final proposed prices will be considered in making an award decision for the delivery order along with any other evaluation factors that are to be considered in accordance with the evaluation criteria and selection process stated in the contract or in the request for quotation. At the conclusion of the reverse auction, the Contracting Officer may choose to conduct additional negotiations, either through another reverse auction or a different method.

(b) Prior to the on-line reverse auction, the Government will determine whether all participants’ prices, or just the lowest price(s), will be disclosed to other auction participants and to anyone else having authorized access to the on-line auction. This disclosure is anonymous, meaning that each participant’s identity will be concealed from other participants (although it will be known to the Government). If the Government opts to disclose one or more participant’s prices, only generic identifiers will be used for each participant’s proposed pricing (e.g., “Participant A or “lowest priced participant”). By submitting a proposal for a solicitation that includes this clause, a Contractor agrees to participate in the reverse auctions that will be conducted for award of specific delivery orders to be issued under the resulting multiple award contract program, and that its quoted prices for a delivery order may be disclosed to other Contractors participating in the reverse auction.

(c) The following information is provided regarding the procedures to be followed if reverse auction is conducted when competing a delivery order under this multiple award program.

(1) The Contracting Officer will issue a request for quote (RFQ) to all Contractors in the multiple-award program. After receiving quotes, the Contracting Officer will then send written notification, via email to Contractors with specifics regarding the reverse auction.

(2) Each Contractor identified by the Contracting Officer as a participant in the reverse auction will be contacted by DLA’s commercial reverse auction service provider to advise the Contractor of the event and to provide an explanation of the process.

(3) Information concerning the reverse auction process and the commercial service provider’s terms and conditions is available at https://govauctions.sourcing.ariba.com.

(4) The participants in an on-line reverse auction under this contract shall secure the passwords and other confidential materials provided by the commercial reverse auction services provider or the Government, and ensure they are used only for purposes of participation in the reverse auction. Contractors shall keep their own and other Contractors’ pricing in confidence and shall not disclose this information to anyone not authorized to participate in the reverse auction until after contract award.

(5) Any participant unable to enter pricing through the commercial reverse auction service provider’s system during a reverse auction must notify the Contracting Officer or designated representative (insert name and contact information for designated representative) immediately. The Contracting Officer may, at his/her sole discretion, extend or re-open the reverse auction if the reason for the participant’s inability to enter pricing is determined to be without fault on the part of the participant and outside the participant’s control.

(6) The reverse auction will be conducted using the commercial reverse auction service provider’s website: https://govauctions.sourcing.ariba.com. Participants shall be responsible for providing their own computer and Internet connection.

(7) Training:

(i) The commercial reverse auction service provider and/or a Government representative will provide familiarization training to participants’ employees; this training may be provided through written material, the commercial reverse auction service provider’s website, and/or other means.

(ii) An employee of a participant who successfully completes the training shall be designated as a ‘trained participant.’ Only trained participants may take part in a reverse auction.

(iii) The Contracting Officer reserves the right to request that participants provide an alternate employee to become a ‘trained participant.’ The Contracting Officer also reserves the right to review the ‘trained participant’ designation of any trained participant who fails to abide by the terms and conditions of this contract or the terms of the commercial reverse auction service provider. In the discretion of the Contracting Officer, such trained participant may be barred from participation in on-going or subsequent reverse auctions. The Contracting Officer’s decision is subject to appeal to the task-order and delivery order ombudsman pursuant to Defense Logistics Acquisition Directive (DLAD) 16.505(b).

(End of Clause)

52.216-9000 Implementation of FAR 52.216-2 Economic Price Adjustment--Standard Supplies.

As prescribed in 16.203-4(a)(1)(90), insert a clause that is substantially the same as the following clause:

IMPLEMENTATION OF FEDERAL ACQUISITION REGULATION (FAR) 52.216-2 ECONOMIC PRICE ADJUSTMENT - STANDARD SUPPLIES (NOV 2011)

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.

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 free on board (f.o.b.) 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)_________________________________

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.

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 f.o.b. 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.

As prescribed in 16.203-4(b)(90), insert a clause that is substantially the same as the following clause:

IMPLEMENTATION OF FEDERAL ACQUISITION REGULATION (FAR) 52.216-3 ECONOMIC PRICE ADJUSTMENT - SEMISTANDARD SUPPLIES (NOV 2011)

(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 free on board (f.o.b.) 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:

__________________(Note 1)_________________________________________

(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 f.o.b. 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.

As prescribed in 16.203-4(c)(90), insert a clause that is substantially the same as the following clause:

IMPLEMENTATION OF FEDERAL ACQUISITION REGULATION (FAR) 52.216-4 ECONOMIC PRICE ADJUSTMENT - LABOR AND MATERIAL (NOV 2011)

(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.

As prescribed in 16.203-4(91)(iv), insert the following clause:

ECONOMIC PRICE ADJUSTMENT-SPECIALTY METALS – MARKET PRICE - PROSPECTIVE ADJUSTMENTS (NOV 2011)

(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 (CLINS) 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 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)

(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)

52.216-9007 Contract and Delivery Order Limitations.

As prescribed in 16.506(91)(a), insert the following clause:

CONTRACT AND DELIVERY ORDER LIMITATIONS (NOV 2011)

[ ] (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 (quarter (QTR) represents a three-month period computed from date of award):

Contract Line-Item (CLIN) First Quarter Second Quarter Third Quarter Fourth Quarter

______________________ ___________ ___________ ___________ ________________

[ ] (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, Federal Acquisition Regulation (FAR) clause 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-setaside 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)

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)

52.216-9009 Estimated Total Quantity.

As prescribed in 16.506(91)(c)(1), insert the following clause:

ESTIMATED TOTAL QUANTITY (NOV 2011)

(a) The estimated total quantity the Government expects to order during each contract year is as follows:

Contract Line-Item (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 (NOV 2011)

[ ] (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 setaside portion, the quantities specified above for both minimum and maximum will be doubled.

[ ] (b) Multiple national stock numbers (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 – DEPARTMENT OF DEFENSE (DOD) ELECTRONIC MALL (EMALL) (NOV 2011)

(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 for Unitized Group Rations (UGR) - A Components – Actual Material Costs.

As prescribed in FAR 16.203-4(c) and Defense Logistics Acquisition Directive (DLAD) 16.203-4(c)(90)(2), insert the following clause:

ECONOMIC PRICE ADJUSTMENT FOR UNITIZED GROUP RATIONS (UGR) - A COMPONENTS – ACTUAL MATERIAL COSTS – DLA TROOP SUPPORT SUBSISTENCE

(NOV 2011)

(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 DLA Troop Support for a product delivered to DLA Troop Support’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

Legend: Qty = Quantity’ CS = case; PC = piece; CN = carton; EA = each

(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 DLA Troop Support’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 Unitized Group Rations (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. DLA Troop Support 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 eastern time (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 electronic data interchange (EDI) 832 transaction set or via an update to the United States Department of Agriculture (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.

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 (NOV 2011)

(a) When Federal Acquisition Regulation (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 contract line-item (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 or national stock number (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 free on board (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 (NOV 2011)

(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 free on board (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 Number (CLIN) | Tentative Destination | Area

(Will be indicated in the solicitation)

(End of provision)

52.216-9015 Area Requirements- Contiguous United States (CONUS).

As prescribed in 16.506-93(b), insert the following clause:

AREA REQUIREMENTS – CONTIGUOUS UNITED STATES (CONUS) (NOV 2011)

(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 CONUS (which is the 48 contiguous 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 CONUS.

(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 BASIC ORDERING AGREEMENT (BOA)

(NOV 2011)

The Government intends to place an order for this requirement on a sole source basis against an existing BOA. Any party interested in responding to this requirement should contact the buyer specified in Block 5, "Issued by" block of the standard form (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 (NOV 2011)

(a) In accordance with Federal Acquisition Regulation (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 Defense Logistics Acquisition Directive (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 Defense Logistics Agency (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)

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 - DLA TROOP SUPPORT CONSTRUCTION AND EQUIPMENT (C&E) (NOV 2011)

(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 DLA TROOP SUPPORT - MEDICAL (NOV 2011)

In accordance with Federal Acquisition Regulation (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 DLA Troop Support 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 DLA Troop Support 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 (NOV 2011)

(a) In accordance with Federal Acquisition Regulation (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, Defense Logistics Agency (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 DLA Aviation:

DLA Aviation

Competition Advocate, BPP

8000 Jefferson Davis Highway

Richmond, Virginia 23297-5124

For DLA Troop Support’s construction and equipment, clothing and textile, subsistence, and medical supply chains:

DLA Troop Support

Competition Advocate, BPA

700 Robbins Avenue

Philadelphia, Pennsylvania 19111-5096

For DLA Land and Maritime:

DLA Land and Maritime

Competition Advocate

Post Office (P.O.) Box 3990

Columbus, Ohio 43218-3990

(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)

(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 (NOV 2011)

(a) The ordering period established in Federal Acquisition Regulation (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 (NOV 2011)

Invoice(s) must cite the delivery order number exactly as shown in block 2 of the Department Of Defense (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 (NOV 2011)

(a) In pricing delivery orders requiring delivery of one national stock number (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)

52.216-9027 Evaluation of Quantity Sensitive and Indefinite Delivery Contracts.

As prescribed in 16.504-90, insert the following clause:

EVALUATION OF QUANTITY SENSITIVE AND INDEFINITE DELIVERY CONTRACTS

(SEP 2008)

Prices will be evaluated on a weighted basis. 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. 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.

(End of Clause)

52.216-9028 Economic Price Adjustment (EPA) – Labor and Material.

As prescribed in 16.203-4-90(k), use the following clause.

ECONOMIC PRICE ADJUSTMENT LABOR AND MATERIAL (NOV 2011)

To be completed by the Contractor - material proposed for economic price adjustment.

The following types of materials and labor, if applicable, are subject to price adjustment pursuant to Federal Acquisition Regulation (FAR) clause 52.216-4, Economic Price Adjustment (Section I), included herein:

Quantities and types of material

Direct cost

Types of material

Rate of per unit of labor

(End of Clause)

52.216-9029 Economic Price Adjustment (EPA) Lead, Battery Consignment Program.

As prescribed in 16.203-4-90(c), use the following clause.

ECONOMIC PRICE ADJUSTMENT (EPA) LEAD, BATTERY CONSIGNMENT PROGRAM

(NOV 2011)

(a) Warranties. The Contractor warrants that --

(1) The prices set forth in the Schedule do not include allowances for any contingency covered by this clause; and

(2) The Contractor further agrees that there will be no price adjustment in the contract unit prices as provided by this clause for any additional costs incurred applicable to items purchased under this contract during the first 12 month contract period, nor prior to the effective date of a contract modification effecting such an adjustment.

(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) “Unit price subject to adjustment” (UPSA) is the estimated unit lead price per battery. The Contracting Officer will calculate the UPSA at the time of award using the London metals exchange standard lead average price for the most recent month available at the time of award, and the Government estimate of the number of pounds of lead required for each battery. The UPSA shall remain fixed throughout the life of the contract, including option periods and shall not be affected by any adjustment under this clause. For purposes of this contract, the Government’s estimate of the number of pounds of lead required for each battery is as follows:

Contract line-item (CLIN) Government estimated

National stock number (NSN) pounds of lead / battery

______________________ __________________________

______________________ __________________________

(2) “Total adjusted lead price” (TALP) for each contract year after the first is the price of the lead contained in each battery at the time of adjustment based on the Government estimated pounds and the London metal exchange standard lead monthly average from the tenth month of the preceding contract year.

(3) For purposes of this clause, “contract year” is a 365-day (366-day for leap year) period beginning with and including the first effective day of each contract performance/ordering period.

(4) “Adjustment band” is the minimum percentage increase or decrease in the TALP compared to the UPSA (for the first adjustment) or the previous contract year’s TALP (for subsequent adjustments) required in order to warrant a price adjustment. For purposes of this contract, the adjustment band is +___% to -___%. When the percentage change is less than the specified percentages, no price adjustment will be made.

(5) “Adjusted contract unit Price” is the revised unit price of the specified CLIN/NSN, based on the TALP.

(c) Adjustments.

(1) The calculation required for adjustment of the contract item unit prices shall be calculated before the beginning of each contract year after the first. Not more than 60 days and not less than 30 days prior to the end of the current contract year the Contractor will submit the calculated TALP and, if applicable based on the adjustment band, the adjusted increased or decreased contract unit price to the Contracting Officer. The Contractor shall also submit the London metals exchange standard lead prices used in the calculations.

(2) The calculation of the TALP for the next contract year shall be made by multiplying the Government estimated pounds of lead for each battery line item by the average of published final prices per pound for standard lead from the London metals exchange for the tenth month of the contract year in which the calculation is being made.

(3) If the percentage change between the TALP for the next contract year and the UPSA (for the first adjustment) or the current TALP (for subsequent adjustments) is equal to or greater than the percentages established in the adjusting band, then the calculated percentage change (up or down) will be applied to the current contract unit price to arrive at the adjusted contract unit price (correspondingly up or down) for each battery line item, which is applicable in the next contract year in accordance with (4) below.

(4) Any price adjustment under this clause will be effected by a contract modification showing the revised contract unit prices in Section B. The Contracting Officer may unilaterally determine the applicable price adjustment if the data required in paragraph (c)(1) of this clause is not submitted as required in paragraph (c)(1).

(5) Calculations. All calculations shall be rounded to two decimal places.

(6) Upward ceiling on economic price adjustment. The Contractor agrees that the total cumulative increase in any contract unit price pursuant to this economic price adjustment provision shall not exceed ___% (percent) of the original UPSA for each contract year. There is no limitation on the amount of decreases that may be made under this clause.

(7) Revision of market price indicator. In the event –

(i) The 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 that the amounts invoiced hereunder have applied all decreases 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.

(End of Clause)

52.216-9030 Economic Price Adjustment - Department of Labor Price Index.

As prescribed in 16.203-4-90(d), use the following clause.

Notes for fill-in text:

a. Paragraph (b)(1): Enter the appropriate Producer Price Index (PPI) code number identification and title. Normally, unadjusted indices should be used (as opposed to seasonally adjusted indices). Note: If it is determined that the index to be used will only measure part of the cost of production or material, then that percentage which is measured can be specified.

For example, if the component is cotton and the Bureau of Labor Statistics (BLS) index is only judged to measure 50% of the contract price, then this should be specified such as 50% times the base price.

b. Paragraph (c)(1): Enter the number of price adjustments per contract year.

c. Paragraph (d): Enter the appropriate percentage price increase ceiling, considering the length of contract performance, index volatility, and ratio of the cost covered by this clause to the total contract price. Any percentage over 10 percent requires approval by the chief of the contracting office .

d. Paragraph (f)(2): Enter the minimal dollar amount for an adjustment to be made for retroactive price changes. The default is $500.

ECONOMIC PRICE ADJUSTMENT – DEPARTMENT OF LABOR PRICE INDEX (NOV 2011)

(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; and

(2) The prices to be invoiced shall be computed in accordance with the provisions of this clause.

(b) Definitions. As used throughout this clause--

(1) "Price index" for the purpose of price adjustment under this clause shall be the producer price index(es) reported in the monthly publication entitled, “Producer Price Indexes”, published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor Statistics (BLS) for the following code number(s) and title(s):

________________________(buyer fill in)_________________________

(2) "Base price index" is the arithmetic average of the final version of the indexes published for the two months preceding the closing date for receipt of proposals or the date required for receipt of final proposal revisions, if discussions were held.

(3) "Adjusting price index" shall be the two month arithmetic average of the index first published for the two months prior to the month in which the adjusting contract modification is effective.

(4) "Base unit price" is the unit price applicable to a quantity of a contract line item established at contract award, exclusive of any price adjustment pursuant to this clause.

(5) “Adjustment period” is the period during which a particular adjustment to the unit price under this clause (calculated at the beginning of the adjustment period) will be applicable. The length of each adjustment period in months shall be calculated by dividing 12 by the number of adjustments allowed per year in (c)(1) below.

(c) Adjustments. Prior to the end of each adjustment period, the Contracting Officer shall calculate the adjusting index and any adjusted contract unit price(s) for the new adjustment period, and modify the contract accordingly. Price adjustments pursuant to this clause shall be made by contract modification, issued by the Contracting Officer and will show the base price index, the adjusting price index, the base unit price, the mathematical calculations, and the changed unit price(s). The price adjustment shall be applicable to orders issued after the effective date of the contract modification establishing the unit price for the adjustment period. The price adjustment(s) for each adjustment period will be based on the percentage change between the base price index and the adjusting price index for the adjustment period, as applied to the base unit price.

(1) The Government shall be entitled to a price decrease in any particular adjustment period if the adjusting price index is less than the base price index. There shall be _______ price adjustments per contract year.

(2) Example of adjustment calculation:

Base Price Index = | 109.88*
Adjusting price index = | 112.72*
Less base price index = | 109.88
Change to index = | 2.84
Divide change to index by base price index = | 2.84 / 109.88 = .02585 (2.585%)**
Multiply by the base unit price = | $50.00 x .02585 = $1.29*** = Unit Price Adjustment
Adjusted unit price = | $51.29

* In computing the base and adjusting price indexes, the resulting figure shall be rounded to the second decimal place.

** This figure shall be rounded to the fourth decimal place.

*** All dollar figures shall be rounded to the nearest cent.

(d) Upward ceiling on economic price adjustment. No upward ceiling shall apply under this economic price adjustment clause, unless the BLS series is based on indices below the six-digit level (an index “below the six-digit level” in BLS usage means an index whose identifier exceeds six-digits).

For any BLS series that is below the six-digit level, the following ceiling shall apply: The Contractor agrees that the aggregate of the increases in any contract unit price under this clause shall not exceed ___% (percent) of the original base unit price, except as provided hereafter.

(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 adjustment ceiling 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.

(2) If an increase in the price index 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.

(e) Invoices. The prices payable under this contract will be based on the latest adjusted unit price incorporated into the contract as of the date of order.

(f) Retroactive adjustment. The Contractor may request a retroactive adjustment for orders that have been delivered during an adjustment period for which payment has already been made, based on the difference between a higher final revised index applicable to an adjustment period and the index values used in calculating the unit price for that adjustment period, and subject to the adjustment ceiling in (d) above and when the following conditions are met:

(1) The request for equitable adjustment clearly establishes that the unit price adjustment for the adjustment period would have been higher if the final revised index had been used, and identifies all invoices and payments to which it is applicable, cites the specific index differences relating to the requested adjustment, and provides a calculation of the total net price adjustment for items delivered during that adjustment period.

(2) No retroactive equitable adjustment shall be made under this clause unless the total dollar change for items delivered is $______ ($500.00 unless otherwise stated) or more for the applicable adjustment period(s).

(3) The Contractor’s written request must be received by the Contracting Officer within 45 days following publication of the final revised index.

The Government shall be entitled to a downward adjustment based on the difference between a lower final revised index applicable to an adjustment period and the index values used in calculating the unit price for that adjustment period, subject to the limitation in paragraph (f)(2).

(g) Revision of price index. In the event –

(1) Any applicable price index is discontinued or its method of derivation is altered substantially; or

(2) The Contracting Officer determines that the price index 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 index was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(h) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(i) Disputes. Any dispute arising under this clause shall be determined in accordance with and subject to the “Disputes” clause of the contract.

(End of Clause)

52.216-9032 Economic Price Adjustment (EPA) - Established Market Price – Milk

As prescribed in 16.203-4-90(f), use the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – MILK (FEB 2009)

(a) To the extent that contingent cost increases are provided for by this clause, the Contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

(b) This EPA clause applies to skim milk and butterfat fluid milk products classified as class I milk only (i.e., whole milk, fat-free milk, low fat milk, light milk, reduced fat milk, milk drinks, eggnog and cultured buttermilk, including any such beverage products that are flavored, cultured, modified with added nonfat milk solids, sterilized, concentrated, or reconstituted. As used in this paragraph, the term concentrated milk means milk that contains not less than 25.5 percent, and not more than 50 percent, total milk solids). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

(c) Class I milk, as described in this clause, is subject to the regulations of the United States Department of Agriculture under the Federal milk marketing orders.

(d) The economic indicator for the purpose of prospective adjustments to contract prices under this clause shall be the Class I price [(base skim milk price for Class I times 0.965) plus (advanced butterfat pricing factor times 3.5)] in the announcement of advanced prices and pricing factors released by the U.S. Department of Agriculture, Agricultural Marketing Service, dairy programs. The announcement is released on the Friday before the 23rd of the month unless the 23rd of the month falls on a Friday in which case, Friday the 23rd will be the release date.

(e) Price adjustments shall be based on the following:

(1) The "base price" for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at (i) the closing date for proposals, if no discussions are held, or (ii) the due date for final proposal revisions, if discussions are held. The "base price" for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The "adjusting price" shall be the monthly price of the economic indicator released following the month used to determine the "base price".

(f) For the purpose of price adjustments pursuant to this clause:

(1) Adjustments will be made in increments of $0.01 per gallon when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments in excess of $0.0100 per gallon and in excess of $0.0050 for units other than a gallon (i.e., half gallon, quart, pint and half pint) will be rounded to two decimal places to accommodate systems requirements of the subsistence total order receipt electronic system (STORES), as follows:

| $0.0050 to $0.0099 = $0.01
| $0.0100 to $0.0149 = $0.01
| $0.0150 to $0.0199 = $0.02
| $0.0200 to $0.0249 = $0.02
| $0.0250 to $0.0299 = $0.03, etc.

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

(g) Promptly following release of the announcement of advanced prices and pricing factors applicable to the following month, the Contracting Officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month in the manner detailed below:

(1) Compute adjusting price.

(2) Compute base price.

(3) Compute change from base price.

(4) Convert the price change to price per gallon.

(5) Compute price change for other units other than a gallon.

(6) Round price adjustment(s) from lines (4) and (5) to nearest $0.01 increment (see paragraph (f)(2)).

(7) Compute adjusted contract unit price(s). The following sample price computation is an illustration using January as the base price and February as the adjusting price.

| (1) Adjusting Price |  |
|  | Base Skim Milk Price for Class I | $7.72 CWT X 0.965 | $ 7.4498
|  | Advanced Butterfat Pricing Factor | $0.9302 LB X 3.5 | $ 3.2557
|  | Class I Price |  | $10.7055
| (2) Base Price Base Skim Milk |  |
|  | Price for Class I | $7.72 CWT X 0.965 | $ 7.4498
|  | Advanced Butterfat Pricing Factor | $0.9854 LB X 3.5 | $ 3.4489
|  | Class I Price |  | $10.8987
| (3) Change from Base Price per CWT |  | ($0.1932)
| (4) Price change per gallon Line (3) divide by 11.63 gallons/cwt |  | ($0.0166)
| (5) Price change per half gallon |  | ($0.0083)
|  | Price change per quart |  | ($0.0042)
|  | Price change per pint |  | ($0.0021)
|  | Price change per half pint |  | ($0.0010)
| (6) Price adjustment per gallon |  | ($0.02)
|  | Price adjustment per half gallon |  | ($0.01)
|  | Price change per quart |  | $0.00
|  | Price change per pint |  | $0.00
|  | Price change per half pint |  | $0.00
| (7) Adjusted contract unit price |  |
|  | Item per gallon (Current Unit Price - $0.02) |  |
|  | Item per half gallon (Current Unit Price - $0.01) |  |
|  | Item per quart (No adjustment) |  |
|  | Item per pint (No adjustment) |  |
|  | Item per half pint (No adjustment) |  |

(h) Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

(i) Price adjustments pursuant to this clause will not be made by separate contract modifications. Adjustments will be implemented by the government as follows, and these actions shall constitute a modification to the contract:

(1) The adjusted contract unit price(s) for the following month will be input in STORES,

(2) A facsimile transmission will be sent to Contractors who do not have electronic access, and

(3) The calculations used to derive the adjusted contract unit price(s) for the following month will be posted on the Internet.

(j) The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase. There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

(k) In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

(l) Any dispute arising under this clause is subject to the "disputes" clause of the contract.

(End of Clause)

52.216-9032 Economic price adjustment (EPA) - Established Market Price –Alternate I.

As prescribed in 16.203-4-90(f)(i) use the following clause.

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE ALTERNATE I (FEB 2009)

(a) To the extent that contingent cost increases are provided for by this clause, the Contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

(b) This EPA clause applies to Class I milk only (i.e., milk used in fluid products, including whole, low fat, extra light, nonfat and half-and-half). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

(c) Class I milk, as described in this clause, is subject to the regulations of the California Department of Food and Agriculture under the stabilization and marketing plans for market milk.

(d) The economic indicator shall be the “state-wide average CWT Class 1 price based upon production”, as released monthly by the California Department of Food and Agriculture dairy marketing branch in the “minimum prices for class 1 market milk f.o.b. processing plant” price letter. (Note: The California Department of Food and Agriculture is not part of the Federal milk marketing order (FMMO) system and maintains its own milk-marketing program).

(e) Price adjustments shall be based on the following:

(1) The “base price” for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at

(i) the closing date for proposals, if no discussions are held, or

(ii) the due date for final proposal revisions, if discussions are held.

The “base price” for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The “adjusting price” shall be the monthly price of the economic indicator released following the month used to determine the “base price”.

(f) For the purpose of price adjustments pursuant to this clause:

(1) Adjustments will be made in increments of $0.01 per gallon when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments in excess of $0.0100 per gallon and in excess of $0.0050 for units other than a gallon (i.e., half gallon, quart, pint and half pint) will be rounded to two decimal places to accommodate systems requirements of the subsistence total order receipt electronic system (STORES), as follows:

| $0.0050 to $0.0099 = $0.01
| $0.0100 to $0.0149 = $0.01
| $0.0150 to $0.0199 = $0.02
| $0.0200 to $0.0249 = $0.02
| $0.0250 to $0.0299 = $0.03, etc.

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

(g) Promptly following release of the minimum price letter applicable to the following month, the Contracting Officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month in the manner detailed below:

(1) Determine adjusting price.

(2) Determine base price.

(3) Compute change from base price.

(4) Convert the price change to price per gallon.

(5) Compute price change for other units other than a gallon.

(6) Round price adjustment(s) from lines (4) and (5) to nearest $0.01 increment (see paragraph (f)(2).

(7) Compute adjusted contract unit price(s).

The following sample price computation is an illustration using January as the base price and February as the adjusting price.

(1) | Adjusting Price | $ 11.75 | CWT
(2) | Base Price | $ 11.98 | CWT
(3) | Change from Base Price per CWT | $(0.23) |
(4) | Price change per gallon | $(0.0198) |
| (Line (3) divide by 11.63 gallons/cwt) |  |
(5) | Price change per half gallon | $(0.0099) |
| Price change per quart | $(0.0049) |
| Price change per pint | $(0.0025) |
| Price change per half pint | $(0.0012) |
(6) | Price adjustment per gallon | $ (0.02) |
| Price adjustment per half gallon | $ (0.01) |
| Price adjustment per quart | $ (0.00) |
| Price adjustment per pint | $ (0.00) |
| Price adjustment per half pint | $ (0.00) |
(7) | Adjusted contract unit price |  |
| Item per gallon (Current Unit Price - $0.02) |  |
| Item per half gallon (Contract Unit Price - $0.01) |  |
| Item per quart (No adjustment) |  |
| Item per pint (No adjustment) |  |
| Item per half pint (No adjustment) |  |

(h) Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

(i) Price adjustments pursuant to this clause will not be made by separate contract modifications. Adjustments will be implemented by the Government as follows, and these actions shall constitute a modification to the contract:

(1) The adjusted contract unit price(s) for the following month will be input in STORES,

(2) A facsimile transmission will be sent to Contractors who do not have electronic access, and

(3) The calculations used to derive the adjusted contract unit price(s) for the following month will be posted on the internet.

(j) The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

(k) In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

(l) Any dispute arising under this clause is subject to the “Disputes” clause of the contract.

(End of Clause)

52.216-9032 Economic price adjustment (EPA) - Established Market Price – Milk Alternate II.

As prescribed in 16.203-4-90(f)(ii) use the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – MILK ALTERNATE II (FEB 2009)

(a) To the extent that contingent cost increases are provided for by this clause, the Contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

(b) This EPA clause applies to skim milk and butterfat fluid milk products classified as Class I milk only (i.e., whole milk, fat-free milk, low fat milk, light milk, reduced fat milk, milk drinks, eggnog and cultured buttermilk, including any such beverage products that are flavored, cultured, modified with added nonfat milk solids, sterilized, concentrated, or reconstituted. As used in this paragraph, the term concentrated milk means milk that contains not less than 25.5 percent, and not more than 50 percent, total milk solids). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

(c) Class I milk, as described in this clause, is subject to the regulations of the United States Department of Agriculture under the Federal milk marketing orders.

(d) The economic indicator for the purpose of prospective adjustments to contract prices under this clause shall be the Class I price [(base skim milk price for Class I times 0.965) plus (advanced butterfat pricing factor times 3.5)] in the announcement of advanced prices and pricing factors released by the U.S. Department of Agriculture, Agricultural Marketing Service, Dairy Programs. The announcement is released on the Friday before the 23rd of the month unless the 23rd of the month falls on a Friday in which case, Friday the 23rd will be the release date.

(e) Price adjustments shall be based on the following:

(1) The “base price” for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at

(i) the closing date for proposals, if no discussions are held, or

(ii) the due date for final proposal revisions, if discussions are held.

The “base price” for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The “adjusting price” shall be the monthly price of the economic indicator released following the month used to determine the “base price”.

(f) For the purpose of price adjustments pursuant to this clause:

(1) Adjustments will be made when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments will be rounded to two decimal places to accommodate systems requirements of the subsistence total order receipt electronic system (STORES).

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

(g) Promptly following release of the Announcement of Advanced Prices and Pricing Factors applicable to the following month, the Contracting Officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month in the manner detailed below:

(1) Compute adjusting price.

(2) Compute base price.

(3) Compute change from base price.

(4) Convert the price change to price per gallon.

(5) Compute price change for a box of 27 half pints (1.6875 gallons).

(6) Compute adjusted contract unit price(s).

The following sample price computation is an illustration using January as the base price and February as the adjusting price.

| (1) Adjusting Price |  |
|  | Base Skim Milk Price for Class I | $7.72 CWT X 0.965 | $ 7.4498
|  | Advanced Butterfat Pricing Factor | $0.9302 LB X 3.5 | $ 3.2557
|  | Class I Price |  | $10.7055
| (2) Base Price |  |
|  | Base Skim Milk Price for Class I | $7.72 CWT X 0.965 | $ 7.4498
|  | Advanced Butterfat Pricing Factor | $0.9854 LB X 3.5 | $ 3.4489
|  | Class I Price |  | $10.8987
| (3) Change from Base Price per CWT |  | ($0.1932)
| (4) Price change per gallon Line (3) divide by 11.63 gallons/cwt |  | ($0.0166)
| (5) Price change per box |  |
|  | ($0.0166) x 1.6875 gallons |  | ($0.0280)
|  | Rounded to two decimals |  | ($0.03)
| (6) Adjusted contract unit price |  |
|  | Current Unit Price - $0.03 |  |

(h) Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit prices.

(j) Payment on this contract shall be at the current contract price, which shall change upon issuance of an adjusting modification.

(k) The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase. There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

(l) In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

(m) Any dispute arising under this clause is subject to the “Disputes” clause of the contract.

(End of Clause)

52.216-9032 Economic price adjustment (EPA) - Established Market Price – Milk Alternate III.

As prescribed in 16.203-4-90(f)(iii) use the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – MILK ALTERNATE III (FEB 2009)

(a) To the extent that contingent cost increases are provided for by this clause, the Contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

(b) This EPA clause applies to Class I milk only (i.e., milk used in fluid products, including whole, low fat, extra light, nonfat and half-and-half). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

(c) Class I milk, as described in this clause, is subject to the regulations of the California Department of Food and Agriculture under the stabilization and marketing plans for market milk.

(d) The economic indicator shall be the “State-Wide Average CWT Class 1 Price Based Upon Production”, as released monthly by the California Department of Food and Agriculture dairy marketing branch in the “Minimum Prices for Class 1 Market Milk F.O.B. Processing Plant” price letter. (Note: The California Department of Food and Agriculture is not part of the federal milk marketing order (FMMO) system and maintains its own milk-marketing program).

(e) Price adjustments shall be based on the following:

(1) The “base price” for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at

(i) the closing date for proposals, if no discussions are held, or

(ii) the due date for final proposal revisions, if discussions are held.

The “base price” for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The “adjusting price” shall be the monthly price of the economic indicator released following the month used to determine the “base price”.

(f) For the purpose of price adjustments pursuant to this clause:

(1) Adjustments will be made when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments will be rounded to two decimal places to accommodate systems requirements of the subsistence total order receipt electronic system (STORES).

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

(g) Promptly following release of the minimum price letter applicable to the following month, the Contracting Officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month in the manner detailed below:

(1) Determine adjusting price.

(2) Determine base price.

(3) Compute change from base price.

(4) Convert the price change to price per gallon.

(5) Compute price change for a box of 27 half pints (1.6875 gallons).

(6) Compute adjusted contract unit price(s).

The following sample price computation is an illustration using January as the base price and February as the adjusting price.

(1) | Adjusting Price | $11.75 | CWT
(2) | Base Price | $11.98 | CWT
(3) | Change from Base Price per CWT | ($0.23) |
(4) | Price change per gallon | ($0.0198) |
| (Line (3) divide by 11.63 gallons/cwt) |  |
(5) | Price change per box |  |
| ($0.0198) x 1.6875 gallons | ($0.0334) |
| Rounded to two decimals | ($0.03) |
(6) | Adjusted contract unit price |  |
| Current Unit Price - $0.03 |  |

(h) Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit prices.

(j) Payment on this contract shall be at the current contract price, which shall change upon issuance of an adjusting modification.

(k) The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

(l) In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

(m) Any dispute arising under this clause is subject to the “disputes” clause of the contract.

(End of Clause)

52.216-9033 Economic Price Adjustment (EPA) - Established Prices.

As prescribed in 16.203-4-90(g), use the following clause. Complete paragraph (c)(1) by entering the appropriate percentage price increase ceiling, considering the length of contract performance. Any percentage over 10 percent requires approval by the Chief of the Contracting Office.

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED PRICES (FEB 2009)

(a) The Contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item number] is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed ___ percent of the original contract unit price.

(2) The increased contract unit price shall be effective –

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase, except as follows.

(i) The Contractor may, after that time, deliver any items that were completed or in the process of manufacture at the time of receipt of the cancellation notice, provided the Contractor certifies and notifies the Contracting Officer of such items within 10 days after the Contractor receives the cancellation notice.

(ii) The Government shall pay for those items at the contract unit price increased to the extent provided by paragraph (d) of this clause.

(iii) Any standard steel supply item shall be deemed to be in the process of manufacture when the steel for that item is in the state of processing after the beginning of the furnace melt.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(e) The Contractor shall certify on each invoice that each unit price stated therein reflects all decreases required by this clause and shall certify on the final invoice that all price decreases required by this clause have been applied in the manner required herein.

(f) Disputes. Any dispute arising under this clause shall be determined in accordance with the Disputes clause of the contract.

(End of Clause)

52.216-9034 Economic Price Adjustment – Published Market Price – Silver.

As prescribed in 16.203-4-90(h), use the following clause.

ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – SILVER (FEB 2009)

(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) ounces of silver are contained in each unit offered which will be the basis for price adjustment under this clause; 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) "Unit price" means the unit price offered, as set out in the contract schedule.

(2) "Base market price" means the sum of one-half the simple average of the Englehard industrial bullion quotations, plus one-half the simple average of the Handy and Harman base price quotations, for silver on the New York market over the fifteen working days immediately preceding bid opening, or the date of award for negotiated contracts, as reported in the Wall Street Journal. If the quotation for silver on a particular day is set out as a range of prices, the average of these prices shall be considered the price for that day.

(3) "Adjusting market price" means the sum of one-half the simple average of the Englehard industrial bullion quotations, plus one-half the Handy and Harman Base Price Quotations, for silver on the New York market, as reported in the Wall Street Journal, for the fifteen working days prior to a delivery date specified in the contract schedule or delivery order. If the quotation for silver on a particular day is set out as a range of prices, the average of these prices shall be considered the price for that day.

(4) "Weight factor" means the amount of silver contained in each unit delivered. For purposes of this definition, the amount of silver per unit will be deemed to be the number of troy ounces stated in paragraph (a)(2).

(5) "Delivery date" means the date originally specified in the contract or delivery order plus any extension attributable solely to reasons determined by the Contracting Officer to be excusable within the meaning of the "Default" clause. It does not include any extension of the delivery schedule, however accomplished, except for such excusable causes.

(c) Adjustments.

(1) Notification. The Contractor shall promptly notify the Contracting Officer in writing, with accompanying calculations, upon a net change (increase or decrease) of $500 or more in the price of the items scheduled for delivery under an order due to an increase or decrease in the price of silver, as calculated in accordance with (c)(2) below. No adjustment will be made under this clause unless the calculated price change for an individual order resulting from change in the price of silver is $500 or more.

(2) Calculations. All calculations shall be rounded to two decimal places. The price adjustment will be calculated by computing, as a dollar amount per ounce of silver, the difference (increase or decrease) between the base market price and the adjusting market price, multiplying the result by the number of ounces of silver per unit specified in (a)(2) above, and adding or subtracting (as appropriate) that result to/from the unit price, resulting in the adjusted contract unit price applicable to that order.

(3) Modification. Price adjustments under this clause shall be effected by contract modifications showing the base market price, calculation of the adjusting market price, the base unit price, and the calculations used to arrive at the adjusted contract unit price(s).

(4) Exceptions.

(i) No adjustment is allowed based on Contractor requests for a price increase that are submitted more than sixty days after the delivery date of items for which a price increase is requested.

(ii) There will be no adjustment for increases which occur after the required delivery date 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.

(5) Invoices. The prices payable for a particular delivery under this contract will be the contract unit price for the items supplied plus the product of the net difference between the applicable Adjusting Market Price and the Base Market Price times the weight factor times the number of units delivered.

(d) Upward ceiling on economic price adjustment. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed ___% of the original base unit price in any applicable contract year (whether a single year or multiyear program), except as provided hereafter:

(i) 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 contract ceiling price means the unit price limitation stated in (d). 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.

(ii) If an actual increase in the market price 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.

(e) Revision of market price indicator. In the event --

(1) A market price is discontinued or its method of derivation is altered substantially; or

(2) The Contracting Officer determines that a market price 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.

(f) Options. If this contract contains a term (period) option provision which is exercised, the contract price(s) for each succeeding term shall be subject to adjustment pursuant to this EPA clause. The contract price(s) in effect on the last day of the term or period immediately preceding the period for which the option has been exercised will be the contract price(s) on the first day of the succeeding option period.

(g) Disputes. Any dispute arising under this clause shall be determined in accordance with the Disputes clause of the contract.

(h) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(End of Clause)

52.216-9035 Economic Price Adjustment – Published Market Price – Lead.

As prescribed in 16.203-4-90(i), use the following clause.

ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – LEAD (FEB 2009)

(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) pounds of lead are contained in each unit offered which will be the basis for price adjustment under this clause; 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) “Unit price” means the unit price offered, as set out in the contract schedule.

(2) “Base market price” means the average of the prices for standard lead as reported on the London metals exchange, over the fifteen working days immediately preceding bid opening or the day set for receipt of proposals. If the quotation for lead on a particular day is set out as a range of prices, the average of these prices shall be considered the price for that day.

(3) “Adjusting market price” means the average price of standard lead as reported on the London metals exchange, for the fifteen working days prior to a delivery date specified in the contract schedule or delivery order.

(4) “Weight factor” means the amount of lead contained in each unit delivered. For purposes of this definition, the amount of lead per unit will be deemed to be the number of pounds stated in (a)(2) of this clause, rounded off to the nearest hundredth of a pound.

(5) “Delivery date” means the date originally specified in the contract or delivery order plus any extension attributable solely to reasons determined by the Contracting Officer to be excusable within the meaning of the "default" clause. It does not include any extension of the delivery schedule, however accomplished, except for such excusable causes

(c) Adjustments.

(1) Notification. The Contractor shall promptly notify the Contracting Officer in writing, with accompanying calculations, upon a net change (increase or decrease) of at least $500 in the price of the items scheduled for delivery. No adjustment will be made under this clause unless the total change in the contract amount is $500 or more.

(2) Calculations. All calculations shall be rounded to two decimal places.

(3) Modification. Price adjustments under this clause shall be effected by contract modifications showing the base market price, calculation of the adjusting market price, the base unit price, and the calculations used to arrive at the adjusted contract unit price(s).

(4) Exceptions.

(i) The Contractor claims for a price increase that are submitted more than sixty days after the delivery date of items for which a price adjustment under this clause is requested will not be honored.

(ii) There will be no adjustment for increases which occur after the required delivery date 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.

(5) Invoices. The prices payable for a particular delivery under this contract will be the contract unit price for the items supplied and the product of the net difference (adjusting market price less the base market price) times the weight factor, multiplied by the number of units delivered.

(d) The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed ____% of the original base unit price in any applicable contract year (whether a single year or multiyear program), except as provided hereafter:

(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, 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.

(2) If an actual increase in the market price 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.

(e) Revision of market price indicator. In the event –

(1) A market price is discontinued or its method of derivation is altered substantially; or

(2) The Contracting Officer determines that a market price 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.

(f) Options. If this contract contains a term (period) option provision which is exercised, the contract price(s) for each succeeding term shall be subject to adjustment pursuant to this EPA clause. The contract price(s) in effect on the last day of the term or period immediately preceding the period for which the option has been exercised will be the contract price(s) on the first day of the succeeding option period.

(g) Disputes. Any dispute arising under this clause shall be determined in accordance with and subject to the "disputes" clause of the contract.

(h) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(End of Clause)

52.216-9036 Evaluation of Offers – Economic Price Adjustment.

As prescribed in 16.203-4-90(j)(i), use the following clause.

EVALUATION OF OFFERS - ECONOMIC PRICE ADJUSTMENT (FEB 2009)

(a) Offers in response to solicitations will be evaluated without adding any amount for economic price adjustment unless the economic price adjustment (EPA) clause included in the solicitation provides for offerors to specify the portion of the contract price subject to EPA. In this case, the offered price(s) subject to the EPA clause will be adjusted to the maximum possible extent under the EPA using the price ceiling limitation provision of such clause for the basic contract plus all options covered by the evaluation. The resulting price(s) will be used for evaluation of offers.

(b) If a successful offeror stipulates a lower maximum increase limitation then that included in the solicitation, it will be incorporated into the resulting contract.

(c) Offers which (1) increase the maximum ceiling percentage specified in the solicitation, (2) stipulate a maximum decrease limit, or (3) delete or otherwise alter the economic price adjustment clause, will not be considered for award, unless the Contracting Officer determines that award on such basis is in the best interests of the Government and all Offerors are afforded an opportunity to offer on the same basis.

(End of Clause)

52.216-9037 Evaluation of Bids – Economic Price Adjustment.

As prescribed in 16.203-4-90(j)(ii), use the following clause.

EVALUATION OF BIDS - ECONOMIC PRICE ADJUSTMENT (NOV 2011)

(a) Bids will be evaluated without adding any amount for economic price adjustment.

(b) If the bid selected for award stipulates an economic price adjustment ceiling lower than that included in the solicitation, it will be incorporated into the resulting contract.

(c) Bids will be rejected as nonresponsive if they:

(1) increase the maximum percentage stipulated,

(2) stipulate a maximum decrease limit or

(3) delete or otherwise alter the economic price adjustment clause.

(End of Clause)

52.216-9038 Price Redetermination – Prospective (DEVIATION).

As prescribed in 16.205-4, insert the following clause:

PRICE REDETERMINATION PROSPECTIVE (DEVIATION) (OCT 2008)

(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that --

(1) The prices for supplies ordered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed; and

(2) In no event shall the total amount paid under this contract exceed any ceiling price included in the contract.

(b) Definition. “Costs,” as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.

(c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to ________, (see Note (1)) and the second and each succeeding period shall extend for ______ [insert appropriate number] months from the end of the last preceding period, except that the parties may agree to vary the length of the final period. The first day of the second and each succeeding period shall be the effective date of price redetermination for that period.

(d) Data submission.

(1) Not more than _______ nor less than ______ (see Note (2)) days before the end of each redetermination period, except the last, the Contractor shall submit --

(i) Proposed prices for supplies that may be ordered or services that may be performed in the next succeeding period, and –

(A) An estimate and breakdown of the costs of these supplies or services in the format of Table 15-2, FAR 15.408, or in any other form on which the parties may agree;

(B) Sufficient data to support the accuracy and reliability of this estimate; and

(C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and

(ii) A statement of all costs incurred in performing this contract through the end of the ___ month (see

Note (3) before the submission of proposed prices in the format of Table 15-2, FAR 15.408 (or in any other form on which the parties may agree), with sufficient supporting data to disclose unit costs and cost trends for --

(A) Supplies ordered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary).

(2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded –

(i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for --

(A) Supplies ordered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary); and

(C) Any other relevant data that the Contracting Officer may reasonably require.

(3) If the Contractor fails to submit the data required by subparagraphs (d)(1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.

(e) Price redetermination. Upon the Contracting Officer’s receipt of the data required by paragraph (d) of this section, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be ordered or services that may be performed in the period following the effective date of price redetermination.

(f) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period.

(g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (f) of this section), the Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments, refunds, or credits shall be made promptly.

(h) Quarterly limitation on payments statement. This paragraph (h) applies only during periods for which firm prices have not been established.

(1) Within 45 days after the end of the quarter of the Contractor’s fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing --

(i) The total contract price of all supplies or services ordered and accepted by the Government and for which final prices have been established;

(ii) The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies or services ordered and accepted by the Government and for which final prices have not been established;

(iii) The portion of the total interim profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (h)) that is in direct proportion to the supplies or services ordered and accepted by the Government and for which final prices have not been established; and

(iv) The total amount of all invoices or vouchers for supplies or services ordered and accepted by the Government (including amounts applied or to be applied to liquidate progress payments).

(2) The statement required by subparagraph (h)(1) of this section need not be submitted for any quarter for which either no costs are to be reported under subdivision (h)(1)(ii) of this section, or revised billing prices have been established in accordance with paragraph (g) of this section, and do not exceed the existing contract price, the Contractor’s price-redetermination proposal, or a price based on the most recent quarterly statement, whichever is least.

(3) Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (h)(1)(iv) of this section exceeds the sum due the Contractor, as computed in accordance with subdivisions (h)(1)(i), (ii), and (iii) of this section, the Contractor shall immediately refund or credit to the Government the amount of this excess. The Contractor may, when appropriate, reduce this refund or credit by the amount of any applicable tax credits due the Contractor under 26 U.S.C.1481 and by the amount of previous refunds or credits affected under this clause. If any portion of the excess has been applied to the liquidation of progress payments, then that portion may, instead of being refunded, be added to the unliquidated progress payment account, consistent with the Progress Payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds.

(4) If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the Interest clause.

(i) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-a-percentage-of-cost basis.

(j) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices for any price redetermination period within 60 days (or within such other period as the parties agree) after the date on which the data required by paragraph (d) of this section are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause. For the purpose of paragraphs (f), (g), and (h) of this section, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause.

(k) Termination. If this contract is terminated, prices shall continue to be established in accordance with this clause for

(1) completed supplies and services accepted by the Government and

(2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract.

(End of Clause)

Notes:

(1) Express in terms of units ordered, or as a date; but in either case the period should end on the last day of a month.

(2) Insert the numbers of days chosen so that the Contractor’s submission will be late enough to reflect recent cost experience (taking into account the Contractor’s accounting system), but early enough to permit review, audit (if necessary), and negotiation before the start of the prospective period.

(3) Insert “first,” except that “second” may be inserted if necessary to achieve compatibility with the Contractor’s accounting system.

52.216-9039 Economic Price Adjustment – Standard Supplies - DEVIATION.

As prescribed in 16.203-4, insert the following

ECONOMIC PRICE ADJUSTMENT – STANDARD SUPPLIES – DEVIATION (JAN 2009)

(a) The Contractor warrants that the unit price stated in the schedule for _________ [offeror insert schedule line item number] is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items ordered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the contract unit price [at the outset of each performance/ordering period].

(2) The increased contract unit price shall be effective --

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities [ordered] under the contract before the effective date of the increased contract unit price.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of Clause)

52.216-9040 Economic Price Adjustment – Established Catalog Price Two Upward Adjustments Per Year Open Season E-CAT Solicitation.

As prescribed in 16.203-4((a)(2)(90), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE TWO UPWARD ADJUSTMENTS PER YEAR OPEN SEASON E-CAT SOLICITATION (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Contractor’s list prices and certain Federal Supply Schedule (FSS) unit prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract unit price: The price per unit of issue comprised of the “list price” and the applicable “discount”. The contract unit price is determined by reducing the applicable list price by the appropriate discount. Proposed revised prices are loaded by the Contractor into an E-CAT file and are forwarded electronically to the Government. The Contractor shall also separately submit (in Excel spreadsheet or ACCESS database format) the additional information as required in paragraphs (g) and (h) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered unit prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT system. (Contract unit prices, list prices, and discounts under this contract are not visible in the E-CAT System to the Contractor or any customer. The prices visible in the E-CAT system to the Contractor or any customer are the delivered unit prices which are the contract unit prices plus the DLA Troop Support administrative fee percentage (in effect at that time) charged customers ordering under this contract.)

(2) Discount: The percentage reduction off the list price proposed by the Contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. These discounts are in addition to any standard trade discounts in the Contractor’s established commercial catalog/price list. (Contractors may offer larger discounts and/or reduced list prices at any time.)

(3) List price: The established catalog unit prices of the items. In order for a “list price” to meet the criteria as an established catalog price, it must meet the definition in (c)(1) below.

(4) Voluntary price reduction (VPR): See paragraph (l).

(c) Established catalog unit price.

(1) The term "established catalog unit price", as used in this clause, means a unit price that (i) is a catalog price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the Contractor.

(2) Unless otherwise specified, all reference to the terms “FSS unit price”(s) or “FSS price(s)” as used in this clause, shall be the prices appearing in the Contractor’s current Federal Supply Schedule for the same items under this contract.

(d) The offeror/Contractor warrants that (1) the list prices and the subsequent revisions thereto are the established catalog unit prices in effect at time of award or adjustment for like quantities of the same items and (2) any contract unit prices determined using these list prices do not include allowances for any portion of the contingency covered by this clause. The offeror/Contractor also warrants that any contract unit prices determined using FSS unit prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award, the Contractor must furnish:

(1) their current established catalog/price list, offered discounts, proposed contract unit prices; and

(2) a copy of their current FSS’s, FSS unit prices, and the FSS contract expiration dates applicable to items offered as well as any other information required by the Contracting Officer.

(f) Upon acceptance by the Government, the award unit prices will be established at the list prices minus the offered discounts provided the resulting contract unit prices do not exceed the current FSS unit price for the same item. Accordingly, offers are cautioned to propose discounts which, when applied to the list prices, will not exceed FSS unit prices.

(g) Downward adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in either 1) list prices or 2) FSS unit prices when the reduction results in a revised FSS Price which is now lower than the current contract unit price. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in list price and any FSS unit price reduction which results in an FSS unit price which is now lower than the current contract unit price. If the offered price decrease is based upon a reduction in list price or FSS price, the Contractor shall propose a lower contract unit price taking into consideration the benchmarks in paragraphs (g)(2) and (3) below.

The Contractor must furnish a copy of the revised catalog/price list or FSS unit price as soon as it is available. Also, for reductions in list prices, the Contractor must provide a copy of the “E-CAT file” at least 60 days prior to the date when the reduced list prices take effect. For reductions in FSS, the Contractor shall provide a copy of the E-CAT file at least 30 days prior to the date the reduced FSS unit price takes effect.

In addition to the “E-CAT file” and any other information required by the Contracting Officer, the Contractor shall also separately furnish, within the appropriate timeframe above (i.e., at least 60 days for a reduction in list price; at least 30 days for a reduction in FSS), an Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in contract unit price the appropriate information below:

(i) For list price or FSS changes: The item number; e.g., 0001AA.

(ii) For list price or FSS changes: The supplier (catalog); e.g., ABC Imaging, Inc.

(iii) For list price or FSS changes: The product name/nomenclature; e.g., high speed handpiece.

(iv) For list price or FSS changes: part number; HIH 2000

(v) For list price or FSS changes: The list price upon which the current contract unit price is based.

(vi) For list price or FSS changes: The applicable contract discount used as a basis for determining the current contract unit price.

(vii) For list price or FSS changes: The contract unit price currently in effect.

(viii) For list price changes: The reduced list price.

(ix) For list price or FSS changes: The applicable contract discount or larger contract discount now offered.

(x) For list price or FSS changes: The reduced contract unit price now offered.

(xi) For list price changes: The percentage decrease in list price from the list price which determined the current contract unit price to the new, lower list price.

(xii) For list price changes: The percentage change in contract unit price from the current contract unit price to the new lower contract unit price now offered.

(xiii) For FSS changes: The current FSS unit price which is about to expire and the new reduced FSS unit price which will replace it and triggered this contract unit price reduction.

(xiv) For list price changes: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS unit price(s) for the same item.

(2) Reductions in list price(s). if the offered price decrease is based upon a reduction in the list price, the appropriate discount or larger discount now offered will be applied to each reduced list price to determine the adjusted contract unit price provided the proposed lower contract unit price does not exceed the lower of the following two benchmarks:

(i) The offered reduction in contract unit price on a percentage basis must be at least equal to the percentage reduction from the list price currently in effect under the contract to the new lower list price; i.e., the current contract unit price must, as a minimum, be reduced by the percentage decrease in list price.

(ii) The new proposed lower contract unit price shall not exceed the current FSS unit price for the same item.

(3) FSS price reductions. If the offered price decrease is based upon a reduction in the FSS price, the proposed lower contract unit price shall not exceed the following benchmark: The new proposed lower contract unit price shall not exceed the revised lower FSS price for the same item.

(4) If the proposed contract unit price exceeds the lower of the appropriate list price benchmarks (for reductions based upon reduced list prices) or the FSS price benchmark (for reductions based upon reduced FSS prices), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a contract unit price that does not exceed the appropriate benchmarks.

(i) All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the list or FSS price(s) and discount(s) which make up these prices.)

(ii) If an agreement cannot be reached the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed contract unit price does not exceed the lowest of the appropriate list price or FSS price benchmarks, it will be determined fair and reasonable.

(iii) Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the reduced Contract unit prices. These reduced Contract unit prices shall apply to those items ordered on or after the date when these prices appear in the contract electronic catalog residing in the E-CAT system. (Revisions will not be added to the electronic catalog prior to date they take effect).

(iv) If the Contractor fails to notify the Contracting Officer of any list price or FSS price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Contractor’s established list or FSS prices.

(h) Upward Adjustments.

(1) The Contractor is authorized to submit a maximum of two requests for upward adjustment for each contract year. Each request for upward price adjustment must be based upon increases in list prices only. They may be submitted from, for the first contract year, 30 days after award to sixty days prior to the end of that year and, for each subsequent contract year, from 30 days after the anniversary date of the contract award to 60 days prior to the end of each contract year. The Contractor shall propose a contract unit price taking into consideration the benchmarks in paragraph (g)(2). The request shall include a copy of the revised catalog/price list, the “E-CAT file” and the following for each item with a proposed increase in contract unit price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The supplier(catalog); e.g., ABC Dental, Inc.

(C) The product name/nomenclature; e.g., high speed handpiece.

(D) The part number; e.g., HIH2000.

(E) For the initial year, the list price that determined the award unit price, the applicable contract discount, and the award unit price. For all subsequent contract years, the list price that determined the highest contract unit price that was in effect at any time during the preceding contract year, the applicable discount, and the highest contract unit price that was in effect during the preceding contract year.

(F) The increased list price and its effective date, the applicable contract discount or larger contract discount now offered, and the proposed higher contract unit price.

(G) For the initial year, the percentage change from the list price that determined the award unit price to the new higher list price. For all subsequent contract years, the percentage change from the list price that determined the highest contract unit price that was in effect at any time during the preceding contract year to the new higher list price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed contract unit price. for all subsequent contract years, the percentage change from the highest contract unit price that was in effect at any time during the preceding contract year to the new higher proposed contract unit price.

(I) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS unit price(s) for the same item.

(J) Any other information required by the Contracting Officer.

(2) Benchmarks. If any list price increases, and the increase is authorized under this clause, the Contract unit prices for any corresponding items ordered after the increase takes effect in the E-CAT system shall be determined using the increased list price and either the applicable discount originally awarded or any larger discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lowest of the following three benchmarks:

(i) For the initial year of the contract, the proposed increase in contract unit price on a percentage basis cannot exceed the percentage increase from the list price that determined the award unit price to the new higher list price. For all subsequent contract years, the proposed increase in contract unit price on a percentage basis cannot exceed the percentage increase from the list price that determined the highest contract unit price that was in effect at any time during the preceding contract year to the new higher list price.

(ii) Any proposed higher contract unit price shall not exceed the current FSS unit price for the same item.

(iii) Any proposed higher contract unit prices are subject to the following limitations:

(A) For the initial contract year, contract unit price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher contract unit price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent contract years, contract unit price increases shall be limited to the following annual ceiling(s) applied to the highest contract unit price in effect during the preceding contract year for the same item (i.e., any proposed higher contract unit price cannot exceed the highest contract unit price in effect during the preceding contract year plus the annual ceiling.)

Annual ceiling, all items: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. Upward price adjustments shall be effective once they appear in the contract electronic catalog residing in the E-CAT system. These updates will take place within 60 days after receipt of the Contractor’s request for upward price adjustment (or at the same time the increased list price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed contract unit price exceeds the lowest of the three benchmarks above).

(i) In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to negotiate a price reduction which results in a contract unit price that does not exceed the lowest of the three benchmarks. When discussions have concluded and an agreement which results in fair and reasonable prices is reached, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the list price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT system to include the increased contract unit prices.

(ii) If the Contracting Officer and the Contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System. (This procedure applies to only those items whose prices the Contracting Officer is unable to determine fair and reasonable within the 60-day period the Government has to evaluate prices and update the E-CAT System. The remainder of the items whose price increases are determined fair and reasonable, shall be entered into the E-CAT system within the prescribed period.) In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the Contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(iii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in contract unit price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower contract unit price, or delete the item(s) from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a contract unit price that exceeds the other benchmarks.

(5) Any increased list prices shall not be used to compute contract unit prices for delivery orders issued before the date the adjusted contract unit prices take effect under the contract (i.e., the date they appear in the contract electronic catalog residing in the E-CAT system).

(6) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (g)(4) and (h)(3)and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the contract unit price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established list price has been discontinued, the basis for the list price has been substantially altered, or that the item no longer meets the criteria to qualify as an established catalog priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this clause. The Contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and revision of the contract unit prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the contract unit prices in effect at the time of order.

(l) Voluntary price reductions (VPR):

(1) A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, which items are items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the contract unit price(s) in effect at that time.

(2) If a list price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a contract unit price increase based upon an increased list price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of Clause)

52.216-9041 Economic Price Adjustment – Federal Supply Schedule Prices – Open Season E-CAT Solicitation.

As prescribed in 16.203-4(a)(2)(91), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – FEDERAL SUPPLY SCHEDULE PRICES - OPEN SEASON E-CAT SOLICITATION (NOV 2011)

(a) This clause applies to any items under this contract where the offeror has proposed the same (or discounted) prices as their current Federal Supply Schedule (FSS) prices and the Contracting Officer has accepted this pricing methodology. During the life of this contract, the Contracting Officer and the Contractor may agree in writing to also apply this clause to any other items that previously were not, but subsequently become, available under both this contract and any concurrent FSS contract(s).

(b) Definitions:

(1) FSS Price(s): “FSS Prices” or “FSS Unit Prices” refer to the unit prices for specific commercial items the Contractor and the Department of Veterans Affairs (DVA) have agreed to and are included in one or more current Federal Supply Schedule Contracts. All references to “FSS prices” or “FSS unit prices” shall be the prices appearing on the current Federal Supply Schedule for the same items under this contract.

(2) Discount: The percentage reduction off the FSS unit price proposed by the Contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. (Contractors may offer larger discounts and/or reduced contract unit prices at any time.)

(3) Contract unit price: The price per unit of issue comprised of the FSS unit price and the applicable “discount”. The contract unit price is determined by reducing the FSS unit price by the appropriate discount. Proposed revised prices are loaded by the Contractor into an E-CAT file and are forwarded electronically to the Government. The Contactor shall also separately submit (in Excel spreadsheet or ACCESS database format) the additional information as required in paragraphs (e) and (f) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract unit prices, FSS unit prices and discounts under this contract are not visible in the E-CAT System to the Contractor or any customer. The prices visible in the E-CAT System to the Contractor or any customer are the delivered unit prices, which are the contract unit prices plus the DLA Troop Support administrative fee percentage (in effect at that time) charged customers ordering under this contract.)

(4) Voluntary price reduction (VPR): See paragraph (k).

(c) The offeror/Contractor warrants that (1) the FSS unit prices and the subsequent revisions thereto are the FSS unit prices in effect at time of award or adjustment for like quantities of the same items and (2) any contract unit prices determined using these FSS unit prices do not include allowances for any portion of the contingency covered by this clause.

(d) Prior to award, the Contractor must furnish a copy of their current FSSs, FSS unit prices and the FSS contract expiration date for each item. The Contractor shall also furnish its offered discounts and proposed contract unit prices. at the option of the Contracting Officer, the Contractor shall also furnish the documentation set forth in paragraphs (f)(1)(i)(I) and (f)(1)(ii) below. Upon acceptance by the Government, the award unit prices shall be established at the FSS unit prices minus the offered discounts.

(e) Downward adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in FSS unit prices. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in FSS unit price. The Contractor shall propose a lower contract unit price taking into consideration the benchmark in paragraph (e)(2) below. The Contractor must furnish a copy of the revised FSS contract and FSS unit prices as soon as they are available. Also, the Contractor must provide a copy of the “E-CAT file” at least 30 days prior to the date when the reduced FSS unit price takes effect. Finally, the Contractor shall also furnish, within the timeframe above, a separate Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in contract unit price the following information:

(i) The item number; e.g., 0003.

(ii) The supplier; for example, ABC Dental, Incorporated.

(iii) The product name/nomenclature; e.g., high speed handpiece.

(iv) The part number; for example, HPH2000.

(v) The applicable contract discount used as a basis for determining the current contract unit price.

(vi) The FSS unit price upon which the current contract unit price is based.

(vii) The contract unit price currently in effect.

(viii) The applicable contract discount or larger contract discount now offered.

(ix) The reduced FSS unit price.

(x) The reduced contract unit price now offered.

(xi) The percentage decrease in FSS unit price from the FSS unit price that determined the current contract unit price to the new, lower FSS unit price.

(xii) The percentage decrease in contract unit price from the current contract unit price to the new lower contract unit price now offered.

(2) Benchmark for FSS price reductions.

The appropriate contract discount or larger discount now offered will be applied to each reduced FSS unit price to determine the adjusted contract unit price provided the adjusted contract unit price does not exceed the following benchmark:

The offered reduction in contract unit price on a percentage basis must be at least equal to the percentage reduction from the FSS unit price that determined the current contract unit price to the new lower FSS unit price, i.e., the current contract unit price must, as a minimum, be reduced by the percentage decrease in the FSS unit price.

(3) If the proposed contract unit price exceeds the benchmark above, the Contracting Officer shall determine the proposed price reductions unreasonable. The Contracting Officer and Contractor shall negotiate a reduction in the proposed contract unit price to an amount that does not exceed the benchmark above. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the FSS prices and discount(s) which make up these prices.)

(i) If an agreement cannot be reached, the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed contract unit price does not exceed the benchmark above, it will be determined fair and reasonable.

(ii) Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT system to include the reduced prices. These reduced contract unit prices shall apply to those items ordered on or after the date when these lower prices appear in the contract electronic catalog residing in the E-CAT system. (Revisions will not be added to the electronic catalog prior to date they take effect.)

(iii) If the Contractor fails to notify the Contracting Officer of any FSS unit price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the date the new FSS unit price takes effect.

(f) Upward adjustments.

(1) Upward adjustments may be requested at any time. The requested upward price adjustments must be based upon increases in the Contractor’s FSS unit prices. The request shall include a copy of the revised FSS unit prices, the “E-CAT file”, and the following for each item with a proposed increase in contract unit price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The supplier; e.g., ABC Dental, Inc.

(C) The product name/nomenclature; e.g., high speed handpiece.

(D) The part number; e.g., HPH2000.

(E) For the initial year, the FSS unit price that determined the award unit price, the applicable contract discount, and the award unit price. For all subsequent contract years, the FSS unit price that determined the highest contract unit price that was in effect at any time during the preceding contract year, the applicable discount, and the highest contract unit price that was in effect during the preceding contract year.

(F) The increased FSS unit price, the applicable contract discount or larger contract discount now offered, and the proposed higher contract unit price.

(G) For the initial year, the percentage change from the FSS unit price that determined the award unit price to the new higher FSS unit price. For all subsequent contract years, the percentage change from the FSS unit price that determined the highest contract unit price that was in effect at any time during the preceding contract year to the new higher FSS unit price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed contract unit price. For all subsequent contract years, the percentage change from the highest contract unit price that was in effect at any time during the preceding contract year to the new higher proposed contract unit price.

(I) For any items offered to the Department of Veterans Affairs and the General Services Administration at other than Federal Supply Schedule (FSS) prices, the non-FSS prices/discounts (if different than the reported FSS unit prices/discounts) offered to those agencies.

(ii) Any other applicable supporting data requested by the Contracting Officer.

(2) Benchmarks for FSS price increases: If any FSS unit price increases, and the increase is authorized under this clause, the contract unit prices for any corresponding items shall be determined using the increased FSS unit price(s) and either the applicable discount(s) originally awarded or any larger discount(s) now offered. These increased contract unit prices shall apply to all orders issued on or after the date these revised unit prices appear in the electronic catalog residing in the E-CAT system. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lower of the following two benchmarks:

(i) For the initial year of the contract, any proposed increase in contract unit price on a percentage basis cannot exceed the percentage increase from the FSS unit price that determined the award unit price to the new higher FSS unit price. For all subsequent contract years, any proposed increase in contract unit price on a percentage basis cannot exceed the percentage increase from the FSS unit price that determined the highest contract unit price that was in effect at any time during the preceding contract year to the new higher FSS unit price.

(ii) Any proposed higher contract unit prices are subject to the following limitations:

(A) For the initial contract year, contract unit price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher contract unit price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent contract years, contract unit price increases shall be limited to the following annual ceiling(s) applied to the highest contract unit price in effect during the preceding contract year for the same item (i.e., any proposed higher contract unit price cannot exceed the highest contract unit price in effect during the preceding contract year plus the annual ceiling.)

Annual ceiling, all items: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. Upward price adjustments shall be effective once they appear in the contract electronic catalog residing in the E-CAT system.

(i) These updates will take place within 60 days after receipt of the Contractor’s request for upward price adjustment (or at the same time the increased FSS price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed contract unit price exceeds the lower of the two benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable.

(ii) If necessary, the Contracting Officer shall conduct discussions with the Contractor to reduce the proposed contract unit price to an amount which does not exceed the lower of the two benchmarks and reach an agreement on fair and reasonable prices.

(iii) When discussions have concluded, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the FSS price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. If the Contracting Officer and the Contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System.

(iv) This procedure applies to only those items whose prices the Contracting Officer is unable to determine fair and reasonable within the 60-day period the Government has to evaluate prices and update the E-CAT System. The remainder of the items whose price increases are determined fair and reasonable, shall be entered into the E-CAT system within the prescribed period.

(v) In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the Contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (f)(2)(ii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in contract unit price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower contract unit price, or delete the item from the contract electronic catalog residing in the E-CAT system. In no case may the increase in contract unit price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a contract unit price that exceeds the other benchmark.

(5) Any increased FSS unit prices shall not be used to compute contract unit prices for delivery orders issued before the date the adjusted contract unit prices take effect under the contract (i.e., the date they appear in the contract electronic catalog residing in the E-CAT system).

(g) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (e)(3), (f)(3) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(h) If the Contracting Officer at any time has any reason to believe that the FSS unit price has been discontinued, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that the FSS unit price has been discontinued, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or some other appropriate EPA clause. The Contract shall be modified to incorporate the substitute and its effective date.

(i) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for economic price adjustment.

(j) Pending approval of any proposed price changes and revision of the contract unit prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the contract unit prices in effect at the time of order.

(k) Voluntary price reductions (VPR):

(1) A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the contract unit prices in effect at that time.

(2) If an FSS unit price decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a contract unit price increase based upon an increased FSS unit price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause if no VPR had been in effect.

(End of Clause)

52.216-9042 Economic Price Adjustment (EPA) – Department of Labor Bureau of Labor Statistics – Consumer Price Index.

As prescribed in 16.203-4(d)(2)(90), insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS - CONSUMER PRICE INDEX(CPI) (NOV 2011)

(a) The Contractor warrants that the contract unit prices do not include allowances for any portion of the contingency covered by this clause.

(b) Consumer Price Indexes (CPIs) are published by the United States (U.S.) Department of Labor, Bureau of Labor Statistics. The CPI for the expenditure category “Prescription Drugs and Medical Supplies” or “Nonprescription Drugs and Medical Supplies” located in Table 3 under “Medical Care Commodities” will be the economic indicator used for calculating the proposed new unit price for any option period to be exercised by the Government. The CPI, as used in this clause, means the index, as published monthly, not seasonally adjusted, for all urban consumers (CPI-U), U.S. city average. The index for a given month is available approximately two weeks into the following month. The item(s) offered are:

Prescription ( ) Nonprescription ( ) (Offeror must check appropriate block)

(c) All references to the terms “federal supply schedule (FSS) unit price(s)" or “FSS Price(s)” used herein, means the prices appearing in the Contractor’s current federal supply schedule for the same items under this contract.

(d) Price adjustments based upon CPI changes.

(1) Price adjustments (increases and decreases) based upon changes in the CPI indexes are authorized once for each option period provided the Government elects to exercise that option. Price increases must be requested by the Contractor. Any request for a price increase must be submitted to the Contracting Officer at least thirty days prior to the expiration of the current contract period in order for a price increase to take effect at the same time the upcoming option period takes effect (all indexes used to calculate the base and adjusting indexes should be available by this time). The request must include the calculations used to compute the proposed new unit price and a comparison of the appropriate benchmarks to the proposed new unit price. Price decreases are mandated by this clause. The Contractor shall notify the Contracting Officer of any price decreases in accordance with the same timeframe and provide the same information as required for increases above.

(2) Price Increases: If a request is not submitted within the required timeframe, increases will not take effect until 30 days after the request is received. If no request is received within 60 days after the New Option Period takes effect, the Contractor waives its right to a price increase for that Option Period. Price Decreases: If the Contractor fails to report any price decrease, the Contracting Officer will unilaterally establish a New Option Period Unit Price based upon the parameters for adjustment under this clause.

(e) Additional Price Adjustment(s). The Contractor is required to notify the Contracting Officer whenever there is a reduction in the Contractor’s FSS unit price and/or the Federal ceiling price (FCP) at least 30 days prior to its taking effect for the same item(s) as under this contract when that reduction results in an FSS price and/or FCP that is now lower than the current contract unit price. This notification will trigger a price reduction in the current contract unit price to an amount equal to the lower FSS unit price and/or FCP. (For covered drugs where both the FSS and FCP have been reduced, the contract unit price shall be reduced to the lower of the two.)

(f) Calculation of the unit price (U/P) for the option periods based upon changes in the CPI.

(1) A "Base" and "Adjusting" index shall be established for each option period. (See paragraph (g) below).

(2) The unit price for the contract period about to expire will be increased or decreased based upon the percentage change from the base index to the applicable adjusting index using the formulas below.

First option period:

Proposed new U/P for = Adjusting Index x Current Contract U/P for the

First option period Base Index expiring Base Period

Subsequent option periods:

Proposed new U/P for = Adjusting Index x Current Contract U/P for the

Upcoming Option Period Base Index expiring Option Period

(3) The proposed new unit price will be used to price the upcoming option period provided it does not exceed the lowest of the applicable benchmarks. If it does exceed the lowest of the applicable benchmarks, however, the Contractor shall agree on a price reduction to an amount which is equal to or lower than the lowest of the applicable benchmarks. This reduced unit price will then be used to price the upcoming option period.

(g) Determining the "base" and "adjusting" indexes for price changes based upon the CPI. A base and adjusting index shall be established for each option period.

(1) For the first option period, the base index shall be the arithmetic average of the CPI indexes published for the month before and the actual month the award is made. The Adjusting Index shall be the arithmetic average of the CPI indexes published for the third and fourth month prior to the month the Base Period expires (e.g., if the Base Period expires in June, the Adjusting Index would be the average of the indexes published for February and March of the Base Period.)

(2) For subsequent option periods, the base index for any upcoming option period shall be the previously established adjusting index (e.g., the base index for the upcoming second option period shall be the adjusting index established for the first option period.) The adjusting index for any upcoming option period shall be the arithmetic average of the CPI Indexes published for the third and fourth months prior to the month the current option period expires (e.g., if the first option period expires in June, the adjusting index for the upcoming second option period would be the average of the indexes published for February and March of the first option period).

(h) Benchmarks for price changes based upon the CPI:

(1) Any proposed new unit price calculated as a result of using the formula in (f) above shall not exceed whichever is the lowest of the following applicable benchmarks:

(i) the maximum ceiling unit price calculated by escalating the expiring contract period unit price by 10% (e.g., the ceiling for the first option period unit price will be based on the base period unit price escalated by 10%; the ceiling for the third option period unit price will be based on the second option period unit price escalated by 10%.) (Applies to price increases only. There is no percentage limit on downward adjustments under this clause.);

(ii) the Contractor’s current federal supply schedule price for the same item (applies to all adjustments where the Contractor has a concurrent FSS for the same item(s) as under this contract); and

(iii) the current Federal ceiling price for the same item (applies to covered drugs only).

(i) All price increases or decreases (including any decreases under paragraph (e) above) under this clause shall be effected through the issuance of a modification. The modification shall indicate the New Unit Price and the effective date of that price, which, in most cases, should be on the same date the Option Period takes effect. All delivery orders issued after the effective date shall be priced using the New Unit Price. The modification shall also include the Adjusting Index.

(j) Payment on each delivery order under this contract shall be at the contract unit price in effect at the time the order is issued.

(k) In the event publication of any CPI Index used under this clause is discontinued or its method of calculation is altered substantially in that it fails to reflect market conditions, the Contracting Officer may modify the contract to specify use of an appropriate substitute index or alternate method for adjusting prices. The substitute index or alternate adjustment method will take effect on the date the original index begins to fail to reflect market conditions.

(l) Any pricing actions pursuant to paragraph (c) entitled "Changes" of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provisions of the contract shall be priced as though there were no provisions for economic price adjustment.

(m) Voluntary price reductions (VPR):

(1) A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the contract unit prices that would be in effect at that time.

(2) If any VPR is in effect when a price decrease is mandated under this clause, the VPR will remain in effect until it expires if it is lower than the price decrease. If the Contractor requests a price increase based upon an increase in the CPI indexes when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of Clause)

52.216-9043 Economic Price Adjustment – Federal Supply Schedule Prices.

As prescribed in 16.203-4(a)(2)(92) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – FEDERAL SUPPLY SCHEDULE PRICES (FSS) (NOV 2011)

(a) This clause applies to any items under this contract where the offeror has proposed the same (or discounted) prices as their current FSS prices and the Contracting Officer has accepted this pricing methodology. During the life of this contract, the Contracting Officer and the Contractor may agree in writing to also apply this clause to any other items that previously were not, but subsequently become, available under both this contract and any concurrent FSS contract(s).

(b) Definitions:

(1) FSS Price(s): “FSS prices” or “FSS unit prices” refer to the unit prices for specific commercial items the Contractor and the Department of Veterans Affairs (DVA) have agreed to and are included in one or more current Federal Supply Schedule Contracts. All references to “FSS prices” or “FSS unit prices” shall be the prices appearing on the current Federal supply schedule for the same items under this contract.

(2) Discount: The percentage reduction off the FSS unit price proposed by the Contractor and accepted by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. (Contractors may offer larger discounts and/or reduced contract unit prices at any time.)

(3) Contract unit price: The price per unit of issue comprised of the FSS unit price and the applicable “discount”. The contract unit price is determined by reducing the FSS unit price by the appropriate discount.

(4) Voluntary price reduction (VPR): See paragraph (k).

(c) The offeror/Contractor warrants that (1) the FSS unit prices and the subsequent revisions thereto are the FSS unit prices in effect at time of award or adjustment for like quantities of the same items and (2) any contract unit prices determined using these FSS unit prices do not include allowances for any portion of the contingency covered by this clause.

(d) Prior to award, the Contractor must furnish a copy of their current FSSs, FSS unit prices and the FSS contract expiration date for each item. The Contractor shall also furnish its offered discounts and proposed contract unit prices. At the option of the Contracting Officer, the Contractor shall also furnish the documentation set forth in paragraphs (f)(1)(i)(I) and (f)(1)(ii) below. Upon acceptance by the Government, the award unit prices shall be established at the FSS unit prices minus the offered discounts.

(e) Downward adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in FSS unit prices. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in FSS Unit Price. The Contractor shall propose a lower contract unit price taking into consideration the benchmark in paragraph (e)(2) below. The Contractor must furnish a copy of the revised FSS contract and FSS unit prices as soon as they are available. Also, at least 30 days prior to the date when the reduced FSS unit price takes effect, the Contractor shall furnish an Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in contract unit price the following information:

(i) The item number; e.g., 0003.

(ii) The supplier; e.g., ABC Dental, Inc.

(iii) The product name/nomenclature; e.g., high speed handpiece.

(iv) The part number; e.g., HPH2000.

(v) The applicable contract discount used as a basis for determining the current contract unit price.

(vi) The FSS unit price upon which the current contract unit price is based.

(vii) The contract unit price currently in effect.

(viii) The applicable contract discount or larger contract discount now offered.

(ix) The reduced FSS unit price.

(x) The reduced contract unit price now offered.

(xi) The percentage decrease in FSS unit price from the FSS unit price that determined the current contract unit price to the new, lower FSS unit price.

(xii) The percentage decrease in contract unit price from the current contract unit price to the new lower contract unit price now offered.

(2) Benchmark for FSS price reductions. The appropriate contract discount or larger discount now offered will be applied to each reduced FSS Unit Price to determine the adjusted contract unit price provided the adjusted Contract Unit Price does not exceed the following benchmark:

The offered reduction in contract unit price on a percentage basis must be at least equal to the percentage reduction from the FSS unit price that determined the current contract unit price to the new lower FSS Unit Price, i.e., the current contract unit price must, as a minimum, be reduced by the percentage decrease in the FSS Unit Price.

(3) If the proposed contract unit price exceeds the benchmark above, the Contracting Officer shall determine the proposed price reductions unreasonable. The Contracting Officer and Contractor shall negotiate a reduction in the proposed contract unit price to an amount that does not exceed the benchmark above. All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the FSS prices and discount(s) which make up these prices. The Contract will be modified as discussed directly below.)

(i) If the proposed contract unit price does not exceed the benchmark above, it will be determined fair and reasonable.

(ii) Upon acceptance of any proposed price decreases, the Government shall modify the contract to include the reduced contract unit price(s) which will take effect on the same day the reduced FSS Unit Price takes effect. The modification will also show the applicable discount, the reduced FSS Unit Price(s) and their effective date(s).

(iii) The reduced contract unit prices shall apply to those items ordered on or after the effective date of the decrease in the Contractor’s FSS Price(s).

(iv) If the Contractor fails to notify the Contracting Officer of any FSS Unit Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the date the new FSS Unit Price takes effect.

(f) Upward adjustments.

(1) Upward adjustments may be requested at any time. The requested upward price adjustments must be based upon increases in the Contractor’s FSS Unit Prices. The request shall include a copy of the revised FSS Unit Prices, and the following for each item with a proposed increase in contract unit price:

(i) An Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The supplier; e.g., ABC Dental, Inc.

(C) The product name/nomenclature; e.g., high speed handpiece.

(D) The part number; e.g., HPH2000.

(E) For the initial year, the FSS unit price that determined the award unit price, the applicable contract discount, and the award unit price. For all subsequent contract years, the FSS unit price that determined the highest contract unit price that was in effect at any time during the preceding contract year, the applicable discount, and the highest contract unit price that was in effect during the preceding contract year.

(F) The increased FSS unit price, the applicable contract discount or larger contract discount now offered, and the proposed higher contract unit price.

(G) For the initial year, the percentage change from the FSS unit price that determined the award unit price to the new higher FSS unit price. For all subsequent contract years, the percentage change from the FSS unit price that determined the highest contract unit price that was in effect at any time during the preceding contract year to the new higher FSS unit price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed contract unit price. For all subsequent contract years, the percentage change from the highest contract unit price that was in effect at any time during the preceding contract year to the new higher proposed contract unit price.

(I) For any items offered to the Department of Veterans Affairs and the General Services Administration at other than Federal Supply Schedule (FSS) prices, the non-FSS prices/discounts (if different than the reported FSS unit prices/discounts) offered to those agencies.

(ii) Any other applicable supporting data requested by the Contracting Officer.

(2) Benchmarks for FSS price increases: If any FSS unit price increases, and the increase is authorized under this clause, the contract unit prices for any corresponding items shall be determined using the increased FSS unit price(s) and either the applicable discount(s) originally awarded or any larger discount(s) now offered. These increased contract unit prices shall apply to all orders issued on or after the effective date of these increases (see (f)(3) below). Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lower of the following two benchmarks:

(i) For the initial year of the contract, any proposed increase in contract unit price on a percentage basis cannot exceed the percentage increase from the FSS unit price that determined the award unit price to the new higher FSS unit price. For all subsequent contract years, any proposed increase in contract unit price on a percentage basis cannot exceed the percentage increase from the FSS unit price that determined the highest contract unit price that was in effect at any time during the preceding contract year to the new higher FSS unit price.

(ii) Any proposed higher contract unit prices are subject to the following limitations:

(A) For the initial contract year, contract unit price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher contract unit price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent contract years, contract unit price increases shall be limited to the following annual ceiling(s) applied to the highest contract unit price in effect during the preceding contract year for the same item (i.e., any proposed higher contract unit price cannot exceed the highest contract unit price in effect during the preceding contract year plus the annual ceiling.)

Annual ceiling, all items: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon acceptance of any proposed price increases, the Government shall modify the contract showing the increased contract unit prices and when they become effective, the applicable discount, and the increased FSS unit price(s) and their effective date(s). Upward price adjustments shall be effective within 60 days after receipt of the Contractor’s request for upward price adjustment (or at the same time the increased FSS price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed contract unit price exceeds the lower of the two benchmarks above). in this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable.

If necessary, the Contracting Officer shall conduct discussions with the Contractor to reduce the proposed contract unit price to an amount which does not exceed the lower of the two benchmarks and reach an agreement on fair and reasonable prices. When discussions have concluded, the Contractor shall confirm the agreed-to price(s) in writing. (The agreement shall also identify the FSS price and discount which makes up each agreed-to price.)

Once the written agreement is received, the Government shall modify the contract showing the increased contract unit prices and when they become effective, the applicable discount, and the increased FSS Unit Price(s) and their effective date(s). (No increases will be effective prior to the date the increased FSS takes effect.)

If the Contracting Officer and the Contractor are unable to agree upon the price for any items, the Contracting Officer will remove these items from the contract.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (f)(2)(ii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item from the contract. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmark.

(5) Any increased FSS Unit Prices shall not be used to compute contract unit prices for Delivery Orders issued before the date the adjusted contract unit prices take effect under the Contract.

(g) If the Contracting Officer removes items from the contract for price unreasonableness (see (e)(3), (f)(3) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(h) If the Contracting Officer at any time has any reason to believe that the FSS Unit Price has been discontinued, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that the FSS Unit Price has been discontinued, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or some other appropriate EPA clause. The contract shall be modified to incorporate the substitute and its effective date.

(i) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(j) Pending approval of any proposed price changes and the issuance of any subsequent modification establishing the effective date of these changes, payment shall be made at the contract unit prices in effect at the time of order.

(k) Voluntary price reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time.

The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the contract unit prices in effect at that time.

If an FSS unit price decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a contract unit price increase based upon an increased FSS unit price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause if no VPR had been in effect.

(End of Clause)

52.216-9044 Economic Price Adjustment – Established Catalog Price Multiple Adjustments Authorized Per Clause Terms.

As prescribed in 16.203-4(a)(2)(93), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE - MULTIPLE ADJUSTMENTS AUTHORIZED PER CLAUSE TERMS - NON-ECAT (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Contractor’s List Prices and certain Federal Supply Schedule (FSS) Unit Prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract unit price: The price per unit of issue comprised of the “list price” and the applicable “discount”. The contract unit price is determined by reducing the applicable list price by the appropriate discount. The list prices and discounts shall be listed in the contract. The resulting net contract unit prices may or may not be listed in the contract at the discretion of the Contracting Officer.

(2) Discount: The percentage reduction off the list price proposed by the Contractor and accepted by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. These discounts are in addition to any standard trade discounts in the Contractor’s established commercial catalog/price list. (Contractors may offer larger discounts and/or reduced list prices at any time.)

(3) List price: The established catalog unit prices of the items. In order for a “list price” to meet the criteria as an established catalog price, it must meet the definition in (c)(1) below.

(4) Voluntary price reduction (VPR): See paragraph (l) below.

(c) Established catalog unit price.

(1) The term "established catalog unit price", as used in this clause, means a unit price that (i) is a catalog price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the Contractor.

(2) Unless otherwise specified, all reference to the terms “FSS unit price”(s) or “FSS price(s)” as used in this clause, shall be the prices appearing in the Contractor’s current Federal Supply Schedule for the same items under this contract.

(d) The offeror/Contractor warrants that (1) the list prices and the subsequent revisions thereto are the established catalog unit prices in effect at time of award or adjustment for like quantities of the same items and (2) any contract unit prices determined using these list prices do not include allowances for any portion of the contingency covered by this clause. The offeror/Contractor also warrants that any contract unit prices determined using FSS unit prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award the Contractor must furnish:

(1) their current established catalog/price list, offered discounts, proposed contract unit prices; and

(2) a copy of their current FSS’s, FSS unit prices, and the FSS contract expiration dates applicable to any items offered as well as any other information required by the Contracting Officer.

(f) Upon acceptance by the Government, the award unit prices will be established at the list prices minus the offered discounts provided the resulting contract unit prices do not exceed any current FSS unit price for the same item. Accordingly, offers are cautioned to propose discounts which, when applied to the list prices, will not exceed FSS Unit Prices.

(g) Downward adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in either 1) List Prices or 2) FSS Unit Prices when the reduction results in a revised FSS Price which is now lower than the current Contract Unit Price. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in list price and any FSS Unit Price reduction which results in an FSS Unit Price which is now lower than the current Contract Unit Price.

If the offered price decrease is based upon a reduction in list price or FSS Price, the Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (g)(2) and (3) below. The Contractor must furnish a copy of the revised Catalog/Price List or FSS Unit Price as soon as it is available. Also, the Contractor must provide an Excel spreadsheet or ACCESS Database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the appropriate information below.

For reductions in List Price(s), the Contractor shall submit this information at least 60 days prior to the date when the reduced List Prices take effect. For reductions in FSS Price(s), the Contractor shall provide this information at least 30 days prior to the date the reduced FSS unit price(s) takes effect.

(i) For list price or FSS changes: The item number; e.g., 0001AA.

(ii) For list price or FSS changes: The Supplier (Catalog); e.g., ABC Imaging, Inc.

(iii) For list price or FSS changes: The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) For list price or FSS changes: Part Number; e.g., HIH 2000

(v) For list price or FSS changes: The list price upon which the current Contract Unit Price is based.

(vi) For list price or FSS changes: The applicable Contract Discount used as a basis for determining the current Contract Unit Price.

(vii) For list price or FSS changes: The Contract Unit Price currently in effect.

(viii) For list price changes: The reduced List Price.

(ix) For list price changes: The applicable Contract Discount or larger Contract Discount now offered.

(x) For list price or FSS changes: The reduced contract unit price now offered.

(xi) For list price changes: The percentage decrease in list price from the list price which determined the current Contract Unit Price to the new, lower List Price.

(xii) For list price changes: The percentage change in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(xiii) For FSS changes: The current FSS Unit Price which is about to expire and the new reduced FSS Unit Price which will replace it and triggered this Contract Unit Price reduction.

(xiv) For list price changes: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(2) Reductions in List Price(s). If the offered price decrease is based upon a reduction in the List Price, the appropriate discount or larger discount now offered will be applied to each reduced list price to determine the adjusted Contract Unit Price provided the proposed lower Contract Unit Price does not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the list price currently in effect under the contract to the new lower List Price; i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in List Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(3) FSS Price Reductions. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower Contract Unit Price shall not exceed the following benchmark: The new proposed lower Contract Unit Price shall not exceed the revised lower FSS Price for the same item.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate list price benchmarks (for reductions based upon reduced List Prices) or the FSS Price benchmark (for reductions based upon reduced FSS Prices), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks.

(i) All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the list price(s) and discount(s) which make up these prices. Changes based upon FSS price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower FSS Price.

(ii) If an agreement cannot be reached the Contracting Officer has the option of removing these items from the Contract or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the lowest of the appropriate list price or FSS Price benchmarks, it will be determined fair and reasonable.

(iii) Upon acceptance of any proposed price decreases, the Government shall modify the contract to include the reduced list prices and discounts (changes based upon FSS price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower FSS Price). The adjusted contract unit prices may or may not be shown in the modification at the discretion of the Contracting Officer. These reduced contract unit prices shall apply to those items ordered on or after the effective date of the reduced List or FSS Unit Price(s).

(iv) If the Contractor fails to notify the Contracting Officer of any list price or FSS Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Contractor’s established List or FSS Prices.

(h) Upward Adjustments.

(1) Upward adjustments may be requested at any time. However, any request for upward price adjustment must be based upon increases in List Prices only. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (g)(2). The request shall include a copy of the revised Catalog/Price List and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier(Catalog); e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HIH2000.

(E) For the initial year, the list price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent contract years, the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased list price and its effective date, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial year, the percentage change from the list price that determined the award unit price to the new higher List Price. For all subsequent contract years, the percentage change from the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher List Price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed Contract Unit Price.

(I) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(J) Any other information required by the Contracting Officer.

(2) Benchmarks. If any list price increases, and the increase is authorized under this clause, the contract unit prices for any corresponding items ordered after the increase takes effect shall be determined using the increased list price and either the applicable Discount originally awarded or any larger Discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lowest of the following three benchmarks:

(i) For the Initial Year of the contract, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the list price that determined the award unit price to the new higher List Price. For all subsequent Contract Years, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher List Price.

(ii) Any proposed higher Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(iii) Any proposed higher contract unit prices are subject to the following limitations:

(A) For the initial Contract Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Contract Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

Annual Ceiling, All Items: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract to include the increased list prices and discounts. The adjusted contract unit prices may or may not be included in the modification at the discretion of the Contracting Officer.

(i) Upward price adjustments shall be effective within 60 days after receipt of the Contractor’s request for upward price adjustment (or at the same time the increased list price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lowest of the three benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to negotiate a price reduction which results in a Contract Unit Price that does not exceed the lowest of the three benchmarks.

(ii) When discussions have concluded and an agreement which results in fair and reasonable prices is reached, the Contractor shall confirm the agreed-to price(s) in writing (The agreement shall also identify the list price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract to include the increased list prices and discounts. The adjusted contract unit prices may or may not be included in the modification at the discretion of the Contracting Officer (No increases will be effective prior to the date the increased List Price(s) take effect.)

(iii) If the Contracting Officer and the Contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the contract. In addition, the Contracting Officer may also, at any time, remove any item from the contract that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the Contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(iii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in contract unit price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower contract unit price, or delete the item(s) from the contract. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a contract unit price that exceeds the other benchmarks.

(5) Any increased list prices shall not be used to compute contract unit prices for delivery orders issued before the date the adjusted contract unit prices take effect under the contract.

(6) If the Contracting Officer removes items from the contract for price unreasonableness (see (g)(4) and (h)(3) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established list price has been discontinued, the basis for the list price has been substantially altered, or that the item no longer meets the criteria to qualify as an established Catalog Priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or another appropriate clause. The Contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and the subsequent modification of the contract unit prices, payment shall be made at the contract unit prices in effect at the time of order.

(l) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause.

(1) The Contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

(2) If a list price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased list price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of Clause)

52.216-9045 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT.

As prescribed in 16.203-4(a)(2)(94), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – OTHER FEDERAL AGENCY CONTRACTS – E-CAT

(NOV 2011)

(a) This clause applies to any items under this contract where the offeror has proposed the same (or discounted) prices as are included in any current contract(s) the Contractor may have with Other Federal Agencies (OFA) and the Contracting Officer agrees to use this pricing methodology. During the life of this contract, the Contracting Officer and the Contractor may agree in writing to also apply this clause to any other items that previously were not, but subsequently become, available under both this contract and any concurrent OFA contract(s).

(b) Definitions:

(1) Other Federal Agency (OFA) Price: “OFA Prices” or “OFA Unit Prices” refer to the unit prices for specific commercial items the Contractor and another Federal Agency have agreed to and are included in one or more current Contracts.

(2) Discount: The percentage reduction off the OFA Unit Price proposed by the Contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. (Contractors may offer larger discounts and/or reduced contract unit prices at any time.)

(3) Contract Unit Price: The price per unit of issue comprised of the OFA Unit Price and the applicable “Discount”. The Contract Unit Price is determined by reducing the OFA Unit Price by the appropriate Discount. contract unit prices and any subsequent proposed revisions thereto are loaded by the Contractor into an E-CAT file and are forwarded electronically to the Government. For proposed price changes, the Contactor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (e) and (f) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract unit prices, OFA unit prices and discounts under this contract are not visible in the E-CAT System to the Contractor or any customer. The prices visible in the E-CAT System to the Contractor or any customer are the Delivered Unit Prices, which are the contract unit prices plus the DLA Troop Support Administrative Fee percentage (in effect at that time) charged customers ordering under this contract.)

(4) Voluntary Price Reduction (VPR): See paragraph (k).

(c) The offeror/Contractor warrants that (1) the OFA Unit Prices and the subsequent revisions thereto are the OFA unit prices in effect at time of award or adjustment for like quantities of the same items and (2) any contract unit prices determined using these OFA Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(d) Prior to award, the Contractor must furnish a copy of their current OFA Contract, OFA contract unit prices and the OFA contract expiration date for each item. The Contractor shall also furnish its offered Discounts and proposed contract unit prices. At the option of the Contracting Officer, the Contractor shall also furnish the documentation set forth in paragraphs (f)(1)(i)(I) and (f)(1)(ii) below. Upon acceptance by the Government, the Award Unit Prices shall be established at the OFA Unit Prices minus the offered Discounts.

(e) Downward Adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in OFA Unit Prices. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in OFA Unit Price. The Contractor shall propose a lower Contract Unit Price taking into consideration the benchmark in paragraph (e)(2) below. The Contractor must furnish a copy of the revised OFA Contract and OFA Unit Prices as soon as they are available. Also, the Contractor must provide a copy of the “E-CAT file” at least 30 days prior to the date when the reduced OFA Unit Price takes effect. Finally, the Contractor shall also furnish, within the timeframe above, a separate Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the following information:

(i) The item number; e.g., 0003.

(ii) The Supplier; e.g., ABC Dental, Inc.

(iii) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) The Part Number; e.g., HPH2000.

(v) The applicable contract discount used as a basis for determining the current Contract Unit Price.

(vi) The OFA Unit Price upon which the current Contract Unit Price is based.

(vii) The Contract Unit Price currently in effect.

(viii) The applicable Contract Discount or larger Contract Discount now offered.

(ix) The reduced OFA Unit Price.

(x) The reduced Contract Unit Price now offered.

(xi) The percentage decrease in OFA Unit Price from the OFA Unit Price that determined the Current Contract Unit Price to the new, lower OFA Unit Price.

(xii) The percentage decrease in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(2) Benchmark For OFA Price Reductions.

(i) The appropriate Contract Discount or larger Discount now offered will be applied to each reduced OFA Unit Price to determine the adjusted Contract Unit Price provided the adjusted Contract Unit Price does not exceed the following benchmark:

(ii) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the OFA Unit Price that determined the current Contract Unit Price to the new lower OFA Unit Price, i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in the OFA Unit Price.

(3) If the proposed Contract Unit Price exceeds the benchmark above, the Contracting Officer shall determine the proposed price reductions unreasonable. The Contracting Officer and Contractor shall negotiate a reduction in the proposed Contract Unit Price to an amount that does not exceed the benchmark above. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the OFA prices and discount(s) which make up these prices.)

(i) If an agreement cannot be reached, the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the benchmark above, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT system to include the reduced prices. These reduced contract unit prices shall apply to those items ordered on or after the date when these lower prices appear in the contract electronic catalog residing in the E-CAT system (Revisions will not be added to the electronic catalog prior to date they take effect).

(ii) If the Contractor fails to notify the Contracting Officer of any OFA Unit Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the date the new OFA Unit Price takes effect.

(f) Upward Adjustments.

(1) The Base Year contract unit prices are not subject to any upward adjustment. The Contractor is authorized to submit one request for any upward adjustments to contract unit prices for each Option Year. This request shall be submitted no later than 30 days prior to the effective date of the upcoming Option Year (if exercised). The requested upward price adjustments must be based upon increases in the Contractor’s OFA Unit Prices. The request shall include a copy of the revised OFA Unit Prices, the “E-CAT file”, and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier; e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HPH2000.

(E) For the initial Option year, the OFA Unit Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent Option years, the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased OFA Unit Price, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial Option year, the percentage change from the OFA Unit Price that determined the award unit price to the new higher OFA Unit Price. For all subsequent Option years, the percentage change from the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher OFA Unit Price.

(H) For the initial Option year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed contract unit price.

(I) For any items offered to Federal Agencies at other than OFA Contract Prices, the non-OFA prices/discounts (if different than the reported OFA Unit Prices/Discounts) offered to those agencies.

(ii) Any other applicable supporting data requested by the Contracting Officer.

(2) Benchmarks For OFA Price Increases: If any OFA Unit Price increases, and the increase is authorized under this clause, the contract unit prices for any corresponding items shall be determined using the increased OFA Unit Price(s) and either the applicable Discount(s) originally awarded or any larger Discount(s) now offered. These increased contract unit prices shall apply to all orders issued on or after the effective date of the increase. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lower of the following two benchmarks:

(i) For the Initial Option Year of the contract, any proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the OFA Unit Price that determined the award unit price to the new higher OFA Unit Price. For all subsequent Option Years, any proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher OFA Unit Price.

(ii) Any proposed higher contract unit prices are subject to the following limitations:

(A) For the initial Option Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Option Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

Annual Ceiling, All Items: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. Upward price adjustments shall be effective on the same day that the Option Year takes effect unless either of the following occurs:

(i) If the Contractor's request for price adjustment is not received a minimum of 30 days prior to the effective date of the upcoming Option Year (if exercised), any approved upward price adjustment shall not be effective until 30 days after receipt of the request.

(ii) If, during the 30-day period the Government has to evaluate prices and update the E-CAT system, the Contracting Officer is unable to determine that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lower of the two benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable.

(A) If necessary, the Contracting Officer shall conduct discussions with the Contractor to reduce the proposed Contract Unit Price to an amount which does not exceed the lower of the two benchmarks and reach an agreement on fair and reasonable prices. When discussions have concluded, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the OFA price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices.

(B) If the Contracting Officer and the Contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System. (This procedure applies to only those items whose prices the Contracting Officer is unable to determine fair and reasonable within the 30-day period the Government has to evaluate prices and update the E-CAT System. The remainder of the items whose price increases are determined fair and reasonable, shall be entered into the E-CAT system within the prescribed period.)

(C) In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the Contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (f)(2)(ii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmark.

(5) Any increased OFA Unit Prices shall not be used to compute contract unit prices for Delivery Orders issued before the date the adjusted contract unit prices take effect under the Contract.

(g) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (e)(3), (f)(3)(ii) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(h) If the Contracting Officer at any time has any reason to believe that the OFA Unit Price has been discontinued (e.g., the current OFA contract expires and the Contractor does not receive a subsequent contract), the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that the OFA Unit Price has been discontinued, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or some other appropriate EPA clause. The Contract shall be modified to incorporate the substitute and its effective date.

(i) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(j) Pending approval of any proposed price changes and revision of the contract unit prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the contract unit prices in effect at the time of order.

(k) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause.

(1) The Contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the contract unit prices in effect at that time.

(2) If an OFA Unit Price decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased OFA Unit Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause if no VPR had been in effect.

(End of Clause)

52.216-9046 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT.

As prescribed in 16.203-4(a)(2)(95), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – OTHER FEDERAL AGENCY CONTRACTS - E-CAT

(NOV 2011)

(a) This clause applies to any items under this contract where the offeror has proposed the same (or discounted) prices as are included in any current contract(s) the Contractor may have with other Federal Agencies (OFA) and the Contracting Officer agrees to use this pricing methodology. OFA Contracts include GSA Schedule, Federal Supply Schedule, and Department of Veterans Affairs (DVA) National Acquisition Contracts. During the life of this contract, the Contracting Officer and the Contractor may agree in writing to also apply this clause to any other items that previously were not, but subsequently become, available under both this contract and any concurrent OFA contract(s).

(b) Definitions:

(1) Other Federal Agency (OFA) Price: “OFA Prices” or “OFA Unit Prices” refer to the unit prices for specific commercial items the Contractor and another Federal Agency have agreed to and are included in one or more current contracts.

(2) Discount: The percentage reduction off the OFA unit price proposed by the Contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. (Contractors may offer larger discounts and/or reduced contract unit prices at any time.)

(3) Contract unit price: The price per unit of issue comprised of the OFA Unit Price and the applicable “Discount”. The contract unit price is determined by reducing the OFA Unit Price by the appropriate Discount. Proposed revised prices are loaded by the Contractor into an E-CAT file and are forwarded electronically to the Government. The Contactor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (e) and (f) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (contract unit prices, OFA Unit Prices and Discounts under this contract are not visible in the E-CAT System to the Contractor or any customer. The prices visible in the E-CAT System to the Contractor or any customer are the delivered unit prices, which are the contract unit prices plus the DLA Troop Support administrative fee percentage (in effect at that time) charged customers ordering under this contract.)

(4) Voluntary price reduction (VPR): See paragraph (k).

(c) The offeror/Contractor warrants that (1) the OFA unit prices and the subsequent revisions thereto are the OFA unit prices in effect at time of award or adjustment for like quantities of the same items and (2) any contract unit prices determined using these OFA unit prices do not include allowances for any portion of the contingency covered by this clause.

(d) Prior to award, the Contractor must furnish a copy of their current OFA Contract, OFA contract unit prices and the OFA contract expiration date for each item. The Contractor shall also furnish its offered Discounts and proposed contract unit prices. At the option of the Contracting Officer, the Contractor shall also furnish the documentation set forth in paragraphs (f)(1)(i)(I) and (f)(1)(ii) below. Upon acceptance by the Government, the Award Unit Prices shall be established at the OFA Unit Prices minus the offered Discounts.

(e) Downward Adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in OFA Unit Prices. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in OFA Unit Price. The Contractor shall propose a lower Contract Unit Price taking into consideration the benchmark in paragraph (e)(2) below. The Contractor must furnish a copy of the revised OFA Contract and OFA Unit Prices as soon as they are available. Also, the Contractor must provide a copy of the “E-CAT file” at least 30 days prior to the date when the reduced OFA Unit Price takes effect. Finally, the Contractor shall also furnish, within the timeframe above, a separate Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the following information:

(i) The item number; e.g., 0003.

(ii) The Supplier; e.g., ABC Dental, Inc.

(iii) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) The Part Number; e.g., HPH2000.

(v) The applicable contract discount used as a basis for determining the current Contract Unit Price.

(vi) The OFA Unit Price upon which the current Contract Unit Price is based.

(vii) The Contract Unit Price currently in effect.

(viii) The applicable Contract Discount or larger Contract Discount now offered.

(ix) The reduced OFA Unit Price.

(x) The reduced Contract Unit Price now offered.

(xi) The percentage decrease in OFA Unit Price from the OFA Unit Price that determined the Current Contract Unit Price to the new, lower OFA Unit Price.

(xii) The percentage decrease in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(2) Benchmark For OFA Price Reductions. The appropriate Contract Discount or larger Discount now offered will be applied to each reduced OFA Unit Price to determine the adjusted Contract Unit Price provided the adjusted Contract Unit Price does not exceed the following benchmark:

The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the OFA Unit Price that determined the current Contract Unit Price to the new lower OFA Unit Price, i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in the OFA Unit Price.

(3) If the proposed Contract Unit Price exceeds the benchmark above, the Contracting Officer shall determine the proposed price reductions unreasonable. The Contracting Officer and Contractor shall negotiate a reduction in the proposed Contract Unit Price to an amount that does not exceed the benchmark above. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the OFA prices and discount(s) which make up these prices.) If an agreement cannot be reached, the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below.

If the proposed Contract Unit Price does not exceed the benchmark above, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT system to include the reduced prices. These reduced contract unit prices shall apply to those items ordered on or after the date when these lower prices appear in the contract electronic catalog residing in the E-CAT system (Revisions will not be added to the electronic catalog prior to date they take effect).

If the Contractor fails to notify the Contracting Officer of any OFA Unit Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the date the new OFA unit price takes effect.

(f) Upward adjustments.

(1) Upward adjustments may be requested at any time. The requested upward price adjustments must be based upon increases in the Contractor’s OFA Unit Prices. The request shall include a copy of the revised OFA unit prices, the “E-CAT file”, and the following for each item with a proposed increase in contract unit price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The supplier; e.g., ABC Dental, Inc.

(C) The product name/nomenclature; e.g., high speed hand-piece.

(D) The part number, e.g., HPH2000.

(E) For the initial year, the OFA unit price that determined the award unit price, the applicable contract discount, and the award unit price. For all subsequent contract years, the OFA unit price that determined the highest contract unit price that was in effect at any time during the preceding contract year, the applicable discount, and the highest contract unit price that was in effect during the preceding contract year.

(F) The increased OFA Unit Price, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial year, the percentage change from the OFA Unit Price that determined the award unit price to the new higher OFA Unit Price. For all subsequent contract years, the percentage change from the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher OFA Unit Price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed contract unit price. For all subsequent contract years, the percentage change from the highest contract unit price that was in effect at any time during the preceding contract year to the new higher proposed contract unit price.

(I) For any items offered to the Department of Veterans Affairs and the General Services Administration at other than OFA contract prices, the non-OFA prices/discounts (if different than the reported OFA unit prices/discounts) offered to those agencies.

(ii) Any other applicable supporting data requested by the Contracting Officer.

(2) Benchmarks for OFA price increases: If any OFA unit price increases, and the increase is authorized under this clause, the contract unit prices for any corresponding items shall be determined using the increased OFA unit price(s) and either the applicable discount(s) originally awarded or any larger discount(s) now offered. These increased contract unit prices shall apply to all orders issued on or after the date these revised unit prices appear in the electronic catalog residing in the E-CAT system. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lower of the following two benchmarks:

(i) For the initial year of the contract, any proposed increase in contract unit price on a percentage basis cannot exceed the percentage increase from the OFA unit price that determined the award unit price to the new higher OFA unit price. For all subsequent contract years, any proposed increase in contract unit price on a percentage basis cannot exceed the percentage increase from the OFA unit price that determined the highest contract unit price that was in effect at any time during the preceding contract year to the new higher OFA unit price.

(ii) Any proposed higher contract unit prices are subject to the following limitations:

(A) For the initial contract year, contract unit price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher contract unit price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Contract Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

Annual Ceiling, All Items: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. Upward price adjustments shall be effective once they appear in the contract electronic catalog residing in the E-CAT system. These updates will take place within 60 days after receipt of the Contractor’s request for upward price adjustment (or at the same time the increased OFA Price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lower of the two benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to reduce the proposed Contract Unit Price to an amount which does not exceed the lower of the two benchmarks and reach an agreement on fair and reasonable prices. When discussions have concluded, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the OFA price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. If the Contracting Officer and the Contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System. (This procedure applies to only those items whose prices the Contracting Officer is unable to determine fair and reasonable within the 60-day period the Government has to evaluate prices and update the E-CAT System. The remainder of the items whose price increases are determined fair and reasonable, shall be entered into the E-CAT system within the prescribed period.) In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the Contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (f)(2)(ii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a contract unit price that exceeds the other benchmark.

(5) Any increased OFA unit prices shall not be used to compute contract unit prices for Delivery Orders issued before the date the adjusted contract unit prices take effect under the Contract(i.e., the date they appear in the contract electronic catalog residing in the E-CAT system).

(g) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (e)(3), (f)(3) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(h) If the Contracting Officer at any time has any reason to believe that the OFA Unit Price has been discontinued (e.g., the current OFA contract expires and the Contractor does not receive a subsequent contract), the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that the OFA unit price has been discontinued, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or some other appropriate EPA clause. The contract shall be modified to incorporate the substitute and its effective date.

(i) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(j) Pending approval of any proposed price changes and revision of the contract unit prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the contract unit prices in effect at the time of order.

(k) Voluntary price reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the contract unit prices in effect at that time.

If an OFA unit price decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a contract unit price increase based upon an increased OFA unit price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause if no VPR had been in effect.

(End of Clause)

52.216-9047 Economic Price Adjustment – Established Catalog Price – One Upward Adjustment Per Option Year E-CAT Solicitation.

As prescribed in 16.203-4(a)(2)(96), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE ONE UPWARD ADJUSTMENT PER OPTION YEAR E-CAT SOLICITATION (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Contractor’s list prices and certain Other Federal Agency (OFA) contract unit prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract Unit Price: The price per unit of issue comprised of the “List Price” and the applicable “Discount”. The Contract Unit Price is determined by reducing the applicable list price by the appropriate discount. Contract unit prices and any revisions thereto are loaded by the Contractor into an E-CAT File and are forwarded electronically to the Government. For proposed price changes, the Contractor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (g) and (h) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered unit prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract unit prices, list prices, and discounts under this contract are not visible in the E-CAT System to the Contractor or any customer. The prices visible in the E-CAT System to the Contractor or any customer are the delivered unit prices which are the contract unit prices plus the DLA Troop Support administrative fee percentage (in effect at that time) charged customers ordering under this contract.)

(2) Discount: The percentage reduction off the list price proposed by the Contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. These discounts are in addition to any standard trade discounts in the Contractor’s established commercial Catalog/Price List. (Contractors may offer larger discounts and/or reduced List Prices at any time.)

(3) List Price: The established Catalog Unit Prices of the items. In order for a “List Price” to meet the criteria as an established Catalog Price, it must meet the definition in (c)(1) below.

(4) Voluntary Price Reduction (VPR): See paragraph (l).

(c)(1) The term "established Catalog Unit Price", as used in this clause, means a Unit Price that (i) is a Catalog Price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the Contractor.

(2) Unless otherwise specified, all reference to the terms “OFA Unit Price”(s) or “ OFA Price(s)” as used in this clause, shall be the prices appearing in the Contractor’s current contract it may have with another Federal Agency for the same items under this contract.

(d) The offeror/Contractor warrants that (1) the List Prices and the subsequent revisions thereto are the established Catalog Unit Prices in effect at time of Award or adjustment for like quantities of the same items and (2) any contract unit prices determined using these List Prices do not include allowances for any portion of the contingency covered by this clause. The offeror/Contractor also warrants that any contract unit prices determined using OFA Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award the Contractor must furnish:

(1) their current established Catalog/Price List, offered Discounts, proposed contract unit prices; and

(2) if applicable, a copy of their current OFA Contract(s), OFA Unit Prices, and the OFA contract expiration dates applicable to items offered as well as any other information required by the Contracting Officer.

(f) Upon acceptance by the Government, the Award Unit Prices will be established at the List Prices minus the offered Discounts provided the resulting contract unit prices do not exceed the current OFA Unit Price (if applicable) for the same item. Accordingly, offers are cautioned to propose discounts which, when applied to the list prices, will not exceed OFA Unit Prices (if applicable).

(g) Downward Adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in either 1) List Prices or 2) OFA Unit Prices when the reduction results in a revised OFA Price which is now lower than the current Contract Unit Price. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in list price and any OFA Unit Price reduction which results in an OFA Unit Price which is now lower than the current Contract Unit Price. If the offered price decrease is based upon a reduction in list price or OFA Price, the Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (g)(2) and (3) below. The Contractor must furnish a copy of the revised Catalog/Price List or OFA Unit Price as soon as it is available. Also, the Contractor must provide a copy of the “E-CAT file” at least 30 days prior to the date when the reduced List Price(s) or OFA Price(s) take effect. In addition to the “E-CAT file” and any other information required by the Contracting Officer, the Contractor shall also separately furnish, within the timeframe above, an Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the appropriate information below:

(i) For List or OFA Price changes: The item number; e.g., 0001AA.

(ii) For List or OFA Price changes: The Supplier (Catalog); e.g., ABC Imaging, Inc.

(iii) For List or OFA Price changes: The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) For List or OFA Price changes: Part Number; HIH 2000

(v) For List or OFA Price changes: The list price upon which the current Contract Unit Price is based.

(vi) For List or OFA Price changes: The applicable Contract Discount used as a basis for determining the current Contract Unit Price.

(vii) For List or OFA Price changes: The Contract Unit Price currently in effect.

(viii) For list price changes: The reduced List Price.

(ix) For List or OFA Price changes: The applicable Contract Discount or larger Contract Discount now offered.

(x) For List or OFA Price changes: The reduced Contract Unit Price now offered.

(xi) For list price changes: The percentage decrease in list price from the list price which determined the current Contract Unit Price to the new, lower list price.

(xii) For list price changes: The percentage change in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(xiii) For OFA Price changes: The current OFA Unit Price which is about to expire and the new reduced OFA Unit Price which will replace it and triggered this Contract Unit Price reduction.

(xiv) For list price changes: For any items offered to Federal Agencies under an OFA Contract, the current OFA Unit Price(s) for the same item.

(2) Reductions in List Price(s). If the offered price decrease is based upon a reduction in the List Price, the appropriate discount or larger discount now offered will be applied to each reduced list price to determine the adjusted Contract Unit Price provided the proposed lower Contract Unit Price does not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the list price currently in effect under the contract to the new lower List Price; i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in List Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current OFA Unit Price for the same item.

(3) OFA Price Reductions. If the offered price decrease is based upon a reduction in the OFA Price, the proposed lower Contract Unit Price shall not exceed the following benchmark:

The new proposed lower Contract Unit Price shall not exceed the revised lower OFA Price for the same item.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate list price benchmarks (for reductions based upon reduced List Prices) or the OFA Price benchmark (for reductions based upon reduced OFA Prices), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the list price(s) and discount(s) which make up these prices.

Changes based upon OFA Price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower OFA Price.) If an agreement cannot be reached the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the lowest of the appropriate list price or OFA Price benchmarks, it will be determined fair and reasonable.

Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the reduced contract unit prices. (Changes based upon OFA Price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower OFA Price). These reduced contract unit prices shall apply to those items ordered on or after the date the reduced list or OFA prices take effect (Revisions will not be added to the electronic catalog prior to date they take effect).

If the Contractor fails to notify the Contracting Officer of any list price or OFA Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Contractor’s established List or OFA Prices.

(h) Upward Adjustments.

(1) The Base Year contract unit prices are not subject to any upward adjustment. The Contractor is authorized to submit one request for any upward adjustments to contract unit prices for each Option Year. This request shall be submitted no later than 30 days prior to the effective date of the upcoming Option Year (if exercised). Each request for upward price adjustment must be based upon increases in List Prices only. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (h)(2). The request shall include a copy of the revised Catalog/Price List, the “E-CAT file” and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier(Catalog); e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HIH2000.

(E) For the initial Option year, the list price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent Option years, the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased list price and its effective date, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial Option year, the percentage change from the list price that determined the award unit price to the new higher List Price. For all subsequent Option years, the percentage change from the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher List Price.

(H) For the initial Option year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent Option years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed Contract Unit Price.

(I) For any items offered to another Federal Agency under an OFA Contract, the current OFA Unit Price(s) for the same item.

(J) Any other information required by the Contracting Officer.

(2) Benchmarks. If any list price increases, and the increase is authorized under this clause, the contract unit prices for any corresponding items ordered after the increase takes effect shall be determined using the increased list price and either the applicable Discount originally awarded or any larger Discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lowest of the following three benchmarks:

(i) For the Initial Option Year of the contract, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the list price that determined the award unit price to the new higher List Price. For all subsequent Option Years, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher List Price.

(ii) Any proposed higher Contract Unit Price shall not exceed the current OFA Unit Price for the same item.

(iii) Any proposed higher contract unit prices are subject to the following limitations:

(A) For the initial Option Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Option Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

Annual Ceiling, All Items: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. Upward price adjustments shall be effective on the same day that the Option Year takes effect unless either of the following occurs:

(i) If the Contractor's request for price adjustment is not received a minimum of 30 days prior to the effective date of the upcoming Option Year (if exercised), any approved upward price adjustment shall not be effective until 30 days after receipt of the request.

(ii) If, during the 30-day period the Government has to evaluate prices and update the E-CAT system, the Contracting Officer is unable to determine that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lowest of the three benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to negotiate a price reduction which results in a Contract Unit Price that does not exceed the lowest of the three benchmarks. When discussions have concluded and an agreement which results in fair and reasonable prices is reached, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the list price and discount which makes up each agreed-to price.)

Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. If the Contracting Officer and the Contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System. (This procedure applies to only those items whose prices the Contracting Officer is unable to determine fair and reasonable within the 30-day period the Government has to evaluate prices and update the E-CAT System. The remainder of the items whose price increases are determined fair and reasonable, shall be entered into the E-CAT system within the prescribed period.) In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the Contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(iii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item(s) from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmarks.

(5) Any increased List Prices shall not be used to compute contract unit prices for Delivery Orders issued before the date the adjusted contract unit prices take effect under the Contract.

(6) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (g)(4) and (h)(3)(ii) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established list price has been discontinued, the basis for the list price has been substantially altered, or that the item no longer meets the criteria to qualify as an established Catalog Priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this clause. The contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and revision of the contract unit prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the contract unit prices in effect at the time of order.

(l) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, which items are items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

If a list price (or OFA Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased list price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of Clause)

52.216-9048 Economic Price Adjustment – Established Catalog Price – Multiple Adjustments Authorized Per Clause Terms – E-CAT Solicitation.

As prescribed in 16.203-4(a)(2)(97) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE - MULTIPLE ADJUSTMENTS AUTHORIZED PER CLAUSE TERMS - E-CAT SOLICITATION (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Contractor’s List Prices and certain Federal Supply Schedule (FSS) Unit Prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract Unit Price: The price per unit of issue comprised of the “List Price” and the applicable “Discount”. The Contract Unit Price is determined by reducing the applicable list price by the appropriate Discount. Proposed revised prices are loaded by the Contractor into an E-CAT File and are forwarded electronically to the Government. The Contractor shall also separately submit (in Excel Spreadsheet or ACCESS database format) the additional information as required in paragraphs (g) and (h) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered unit prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract unit prices, list prices, and discounts under this contract are not visible in the E-CAT System to the Contractor or any customer. The prices visible in the E-CAT System to the Contractor or any customer are the delivered unit prices which are the contract unit prices plus the DLA Troop Support administrative fee percentage (in effect at that time) charged customers ordering under this contract.)

(2) Discount: The percentage reduction off the list price proposed by the Contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. These discounts are in addition to any standard trade discounts in the Contractor’s established commercial catalog/price list. (Contractors may offer larger discounts and/or reduced list prices at any time.)

(3) List Price: The established Catalog Unit Prices of the items. In order for a “List Price” to meet the criteria as an established Catalog Price, it must meet the definition in (c)(1) below.

(4) Voluntary Price Reduction (VPR): See paragraph (l).

(c)(1) The term "established Catalog Unit Price", as used in this clause, means a Unit Price that (i) is a Catalog Price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the Contractor.

(2) Unless otherwise specified, all reference to the terms “FSS Unit Price”(s) or “FSS Price(s)” as used in this clause, shall be the prices appearing in the Contractor’s current Federal Supply Schedule for the same items under this contract.

(d) The offeror/Contractor warrants that (1) the List Prices and the subsequent revisions thereto are the established Catalog Unit Prices in effect at time of Award or adjustment for like quantities of the same items and (2) any contract unit prices determined using these List Prices do not include allowances for any portion of the contingency covered by this clause. The offeror/Contractor also warrants that any contract unit prices determined using FSS Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award the Contractor must furnish:

(1) their current established Catalog/Price List, offered Discounts, proposed contract unit prices; and

(2) a copy of their current FSS’s, FSS Unit Prices, and the FSS contract expiration dates applicable to items offered as well as any other information required by the Contracting Officer.

(f) Upon acceptance by the Government, the Award Unit Prices will be established at the List Prices minus the offered Discounts provided the resulting contract unit prices do not exceed the current FSS Unit Price for the same item. Accordingly, offers are cautioned to propose discounts which, when applied to the list prices, will not exceed FSS Unit Prices.

(g) Downward Adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in either 1) List Prices or 2) FSS Unit Prices when the reduction results in a revised FSS Price which is now lower than the current Contract Unit Price. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in list price and any FSS Unit Price reduction which results in an FSS Unit Price which is now lower than the current Contract Unit Price. If the offered price decrease is based upon a reduction in list price or FSS Price, the Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (g)(2) and (3) below. The Contractor must furnish a copy of the revised Catalog/Price List or FSS Unit Price as soon as it is available. Also, for reductions in List Prices, the Contractor must provide a copy of the “E-CAT file” at least 60 days prior to the date when the reduced List Prices take effect. For reductions in FSS, the Contractor shall provide a copy of the E-CAT file at least 30 days prior to the date the reduced FSS Unit Price takes effect.

In addition to the “E-CAT file” and any other information required by the Contracting Officer, the Contractor shall also separately furnish, within the appropriate timeframe above (i.e., at least 60 days for a reduction in List Price; at least 30 days for a reduction in FSS), an Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the appropriate information below:

(i) For list price or FSS changes: The item number; e.g., 0001AA.

(ii) For list price or FSS changes: The Supplier (Catalog); e.g., ABC Imaging, Inc.

(iii) For list price or FSS changes: The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) For list price or FSS changes: Part Number; HIH 2000

(v) For list price or FSS changes: The list price upon which the current Contract Unit Price is based.

(vi) For list price or FSS changes: The applicable Contract Discount used as a basis for determining the current Contract Unit Price.

(vii) For list price or FSS changes: The Contract Unit Price currently in effect.

(viii) For list price changes: The reduced list price.

(ix) For list price or FSS changes: The applicable contract discount or larger contract discount now offered.

(x) For list price or FSS changes: The reduced Contract Unit Price now offered.

(xi) For list price changes: The percentage decrease in list price from the list price which determined the current contract unit price to the new, lower list price.

(xii) For list price changes: The percentage change in contract unit price from the current contract unit price to the new lower contract unit price now offered.

(xiii) For FSS changes: The current FSS Unit Price which is about to expire and the new reduced FSS Unit Price which will replace it and triggered this Contract Unit Price reduction.

(xiv) For list price changes: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(2) Reductions in List Price(s). If the offered price decrease is based upon a reduction in the List Price, the appropriate discount or larger discount now offered will be applied to each reduced list price to determine the adjusted Contract Unit Price provided the proposed lower Contract Unit Price does not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the list price currently in effect under the contract to the new lower List Price; i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in List Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(3) FSS Price Reductions. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower Contract Unit Price shall not exceed the following benchmark:

The new proposed lower Contract Unit Price shall not exceed the revised lower FSS Price for the same item.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate list price benchmarks (for reductions based upon reduced List Prices) or the FSS Price benchmark (for reductions based upon reduced FSS Prices), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the list price(s) and discount(s) which make up these prices. Changes based upon FSS price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower FSS Price.) If an agreement cannot be reached the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the lowest of the appropriate list price or FSS Price benchmarks, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the reduced contract unit prices. (Changes based upon FSS price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower FSS Price.) These reduced contract unit prices shall apply to those items ordered on or after the date when these prices appear in the contract electronic catalog residing in the E-CAT system (Revisions will not be added to the electronic catalog prior to date they take effect). If the Contractor fails to notify the Contracting Officer of any list price or FSS Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Contractor’s established List or FSS Prices.

(h) Upward Adjustments.

(1) Upward adjustments may be requested at any time. However, any request for upward price adjustment must be based upon increases in List Prices only. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (g)(2). The request shall include a copy of the revised Catalog/Price List, the “E-CAT file” and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier(Catalog); e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HIH2000.

(E) For the initial year, the list price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent contract years, the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased list price and its effective date, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial year, the percentage change from the list price that determined the award unit price to the new higher List Price. For all subsequent contract years, the percentage change from the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher list price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed Contract Unit Price.

(I) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(J) Any other information required by the Contracting Officer.

(2) Benchmarks. If any list price increases, and the increase is authorized under this clause, the contract unit prices for any corresponding items ordered after the increase takes effect in the E-CAT system shall be determined using the increased list price and either the applicable Discount originally awarded or any larger Discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lowest of the following three benchmarks:

(i) For the Initial Year of the contract, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the list price that determined the award unit price to the new higher List Price. For all subsequent Contract Years, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the list price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher List Price.

(ii) Any proposed higher Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(iii) Any proposed higher contract unit prices are subject to the following limitations:

(A) For the initial Contract Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Contract Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

Annual Ceiling, All Items: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. Upward price adjustments shall be effective once they appear in the contract electronic catalog residing in the E-CAT system. These updates will take place within 60 days after receipt of the Contractor’s request for upward price adjustment (or at the same time the increased list price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lowest of the three benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable.

If necessary, the Contracting Officer shall conduct discussions with the Contractor to negotiate a price reduction which results in a Contract Unit Price that does not exceed the lowest of the three benchmarks. When discussions have concluded and an agreement which results in fair and reasonable prices is reached, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the list price and discount which makes up each agreed-to price.)

Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased contract unit prices. (No increase will be effective prior to the date the increased List Price(s) take effect.) If the Contracting Officer and the Contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System.

In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the Contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(iii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item(s) from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmarks.

(5) Any increased List Prices shall not be used to compute contract unit prices for Delivery Orders issued before the date the adjusted contract unit prices take effect under the Contract (i.e., the date they appear in the contract electronic catalog residing in the E-CAT system).

(6) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (g)(4) and (h)(3)and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established list price has been discontinued, the basis for the list price has been substantially altered, or that the item no longer meets the criteria to qualify as an established Catalog Priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or another appropriate clause. The Contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and revision of the contract unit prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the contract unit prices in effect at the time of order.

(l) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

If a list price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased list price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of Clause)

52.216-9049 Economic Price Adjustment (EPA) of the Annual Management Fee(s) and Annual Management Cost(s) for the Option Years.

As prescribed in 16.203-4(d)(2)(91), insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) OF THE ANNUAL MANAGEMENT FEE(S) AND ANNUAL MANAGEMENT COST(S) FOR THE OPTION YEARS (NOV 2011)

(a)(1) The Contractor warrants that the prices/costs and fees included in the Solicitation/Contract do not include allowances for any portion of the contingency covered by this clause. Any management fees and related management costs applicable to this contract (e.g., inventory and/or program) shall be calculated in accordance with this clause. The type(s) of management fee(s) and related management cost(s) that apply are specified elsewhere in this contract.

(2) Adjustments under this clause are predicated upon the Government exercising one or more option year extensions. The Government, at its discretion may choose to exercise or not exercise an option to extend the contract.

(b) The economic indicator for the purpose of calculating the management fee(s) (expressed as a percentage) and management cost(s) for each option year except the initial option year* under this clause shall be the initial publication of the preliminary producer price index for code number 4931104931101 entitled General Warehousing And Storage. This information is contained in the publication entitled "Producer Price Indexes", as published by the United States (U.S.) Department of Labor (DoL), Bureau of Labor Statistics (BLS). The preliminary index for a given month is available approximately two weeks into the following month. The index is also available through the Bureau of Labor Statistics web site at www.bls.gov. Click on “get detailed statistics” and select “series report”. Enter Series ID pcu4931104931101, select number of years and format for output, and then select “retrieve data” at the bottom of the page. (*Note: The base index for the first option year will use the revised PPI).

(c) This clause authorizes only one calculation annually (see paragraph (d)) to determine the management fee(s) and management cost(s) applicable to the upcoming option year. (The management fee(s) and management cost(s) for the base contract period are not subject to adjustment under this clause.) This calculation is as follows:

(1) A "base" and "adjusting" index shall be established for each option year (see paragraph (e) below).

(2) The percentage change (upward or downward) between the applicable "base" index and "adjusting" index shall be calculated.

(3) The management fee(s) for the contract year about to expire shall be increased or decreased based upon the percentage change in the indexes (see paragraph (h) for upward adjustments) in order to determine the management fee(s) for the upcoming option year. (However, for increases or decreases, Contractors may offer lower management fee(s) than those calculated in accordance with this formula).

(4) (A) The new management fee(s) for the upcoming option year shall be applied to one or more categories of guaranteed coverage (e.g., Contractor inventory material (CIM), Contractor furnished material (CFM), and Government purchased material (GPM)) as spelled out elsewhere in this contact.) The resultant subtotals represent the management cost(s) for each applicable category of guaranteed coverage and are added together to get the total management cost(s) for the upcoming option year. For payment purposes, the total management cost(s) for the upcoming option year may be paid on a monthly, quarterly, or some other basis at the discretion of the Contracting Officer.

(B) Prior to applying the new or current management fee(s) to the guaranteed coverage, the value of each category of guaranteed coverage is updated yearly by the Contracting Officer. This is accomplished by applying the DAPA, Federal Supply Schedule (FSS), ECAT, or Department of Defense (DoD) national contract price(s) (whichever is lower) in effect 60 days prior to the date the option takes effect to the quantities in each category of guaranteed coverage for the upcoming option year. The resultant subtotals represent the new value for each applicable category of guaranteed coverage and added together, represents the total inventory value for the upcoming option year.

(d)(1) Adjustment requests and notifications.

(i) If the “adjusting” index is higher than the “base” index, the Contractor may request an increase in accordance with the terms of this clause in the management fee(s) applicable to the upcoming option year. This written request must be received by the Contracting Officer within 30 days after the indexes used to calculate the adjusting index are available. The request may be generic or may include the specific calculations required by this clause to determine the revised management fee(s). When making the calculations, the 10% ceiling (paragraph (h) below) shall be taken into consideration. The Contractor has the option of proposing a management fee based upon these calculations or a lower management fee(s).

(ii) If the “adjusting” index is lower than the “base” index, a decrease in the management fee(s) is mandated by this clause. As above, the Contractor shall notify the Contracting Officer in writing of this decrease. This notification must be received by the Contracting Officer within 30 days after the indexes used to calculate the adjusting index are available. The notification may be generic or may include the specific calculations required by this clause to determine the revised management fee(s). The Contractor has the option of proposing the inventory management fee(s) based upon these calculations or a lower management fee(s).

(2) Upon receipt of a request for an upward adjustment or notification of a downward adjustment by the Contractor, the Contracting Officer shall review and validate the Contractor’s submittal. If acceptable, the Contracting Officer will calculate the management fees, if necessary, and the management cost(s) for the upcoming option year in accordance with paragraph (c) (4) above. If no increase is requested and a mandated decrease is not warranted, the Contracting Officer shall use the current management fee(s) to calculate the management cost(s) applicable to the upcoming option year. In either case, the management fee(s), management cost(s), and the total inventory value reserved for this contract for the upcoming option year shall be included in a contract modification.

If a request for an upward adjustment is received after the required 30-day timeframe, the Contracting Officer reserves the right to reject the request, as money may not available to fund the increase. If funds are available, the Contracting Officer shall have 30 days from the date the Contractor’s request is received to review the request, make the required calculations and issue an adjustment modification. The upward adjustment shall take effect on the same day the modification takes effect. If a notification of a downward adjustment is not submitted until after the required 30-day timeframe or the Contractor fails to notify the Contracting Officer of a decrease, the Contracting Officer shall unilaterally make the required adjustments in accordance with this clause. The effective date of the downward adjustment shall be retroactive to the date the new option year takes effect.

(e) Determining the "base" and "adjusting" indexes.

(1) First option year:

(i) The base index shall be the arithmetic average of the revised indexes published for the month before and the month of the closing of the final proposal revisions.

(ii) The adjusting index shall be the arithmetic average of the preliminary indexes published for the third and fourth month prior to the month the base period expires (e.g., if the base period expires in June, the adjusting index would be the average of the indexes published for February and March of the base period.)

(2) Subsequent option years:

(i) The base index for any upcoming option year shall be the previously established adjusting index (e.g., the base index for the upcoming 2nd option year shall be the adjusting index established for the first option year. Note: If no adjustment was made for option year 1, determine the adjusting index for that year anyway in order to establish the base index for upcoming 2nd option year. This applies to any time an adjustment is not made for a given year.)

(ii) The adjusting index for any upcoming option year shall be the arithmetic average of the preliminary indexes published for the third and fourth months prior to the month the current option year expires (e.g., if the first option year expires in June, the adjusting index for the upcoming second option year would be the average of the indexes published for February and March of the first option year.)

(f) Following is a hypothetical example of adjustment calculations to determine the inventory management fee for option year III, and the associated inventory management costs (the base and adjusting indexes, the inventory management fee for option year II, and the CIM and CFM inventory values for option year III are hypothetical and are used only to illustrate how the inventory management fee and inventory management costs are calculated. Any management fee(s) and management cost(s) that may apply would be calculated in the same manner.):

(1) Base index: 102.05 Adjusting index: 103.75

(2) Inventory management fee for option year II: 1.50%

(3) Inventory value for guaranteed coverage (CIM and CFM) for option year III. (There are only 2 categories of guaranteed coverage for this hypothetical example.):

CIM: $405,000 CFM: $300,000

(4) Calculate the inventory management fee:

(i) Establish base index (use previously established adjusting index for the option year II which is the average of the preliminary indexes published for 3rd and 4th month prior to the month option year I expires. For example, if option year I expires in June, the base index for option year III would be the average of the preliminary indexes for February and March of option year I.)

Feb Index: 101.10 Mar Index: 103.00 Base Index (Average of Feb and Mar): 102.05

(ii) Establish Adjusting Index (average of preliminary indexes published for February and March of 2nd Option Year.)

Feb Index: 102.30 Mar Index: 105.20 Adjusting Index (Average of Feb and Mar): 103.75

Adjusting Index: 103.75

Less Base Index: -102.05

---------

Increase to index 1.70

Divide increase to index 1.70/102.05 = 0.016659 = Adjustment Factor (1.6659 %)

by Base Index

Inv. Man. Fee for Yr II x Adjustment Factor plus 1 = Inv. Man. Fee for Option

Option Year III 1.50% x 1.016659 = 1.52%

Ceiling provision:

Max Fee for Option Year III cannot exceed 10% increase of Op Yr II fee Max Fee = 1.10 (ceiling) x .0150 (Inv Man Fee for Op Yr II expressed as a decimal ) = .0165 (1.65%) (Maximum allowable fee 1.65%) 1.52% adjusted fee is less than 1.65% maximum fee, therefore 1.52% is new fee

(5) Contracting Officer to calculate the following:

CIM Inventory Value for OP YR III: $405,000.00

Multiplied by 1.52% (converted to a decimal value) x .0152

---------------

CIM Inventory Management Cost for OP YR III $6,156.00

CFM Inventory Value for OP YR III: $300,000.00

Multiplied by 1.52% (converted to a decimal value) x .0152

---------------

CFM Inventory Management Cost for OP YR III $4,560.00

CIM Inventory Management Cost for OP YR III: $6,156.00

CFM Inventory Management Cost for OP YR III + $4,560.00

--------------

Inventory Management Cost for OP YR III $10,716.00

(Total Inventory Value is $705,000, i.e., CIM Inventory Value plus CFM Inventory Value)

Note: Round all computations involving the PPIs to two decimal places.

Round adjustment factor to six decimal places.

Round inventory management fees to two decimal places when expressed as a percentage and

four decimal places when expressed as a decimal.

Round all dollar figures to nearest cent.

(g) The adjusting contract modification will show all the calculations used to establish the management fee(s), management cost(s) and total inventory value covering the new option year.

(h) Any request to increase the management fee(s) in accordance with the requirements of this clause for any upcoming option year shall be limited to 10% of the same management fee(s) for the previous contract year. If the management fee(s) increase exceeds 10% of the management fee(s) for the previous contract year, and the Contractor has requested an increase of 10% or more, the Contractor shall be limited to the 10% increase. There is no percentage limit on any decreases in the management fee(s) under this clause. Contractors can also propose lower management fee(s) than those calculated in accordance with the requirements of this clause.

(i) The Contractor shall include a statement on the final invoice for each contract year/period that amounts invoiced under this contract reflect all decreases required by this clause.

(j) Payment on this contract shall be at the current management fee(s) and management cost(s) pending the issuance of the modification establishing the management fee(s), management cost(s), and total inventory value for the applicable option year. The management fee(s) and management cost(s) will, if necessary, be retroactively adjusted if the applicable price adjustment is delayed by the Government. In this case, any retroactive adjustment shall cover performance only from when the adjustment should have taken effect but for the delay caused by the Government through the day that the EPA modification takes effect.

(k) In the event that the publication of the economic indicator is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the index consistently and substantially fails to reflect market conditions, the parties shall mutually agree upon an appropriate substitute method or adjustment mechanism to determine the management fee(s) and/or management cost(s). The contract shall be modified to specify the use of an appropriate substitute, which will be effective on the date the Index is no longer published, the derivation of the index is substantially altered, or the Index begins to consistently and substantially fail to reflect marked conditions.

(l) Any pricing actions pursuant to Federal Acquisition Regulation (FAR) clause 52.212-4, paragraph (c) entitled "Changes" (including any revisions by addendum thereto) or other provisions of the Contract shall be priced as though there were no provisions for economic price adjustment.

(m) No adjustment shall be made under this EPA clause unless the total change in contract amount exceeds $500.00.

(End of Clause)

52.216-9050 Economic Price Adjustment (EPA) of the Annual Inventory Holding Fee and Annual Inventory Holding Cost for the Option Years.

As prescribed in 16.203-4(d)(2)(92) insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) OF THE ANNUAL INVENTORY HOLDING FEE AND ANNUAL INVENTORY HOLDING COST FOR THE OPTION YEARS (NOV 2011)

(a) The Contractor warrants that the prices/costs and fees included in the Solicitation/Contract do not include allowances for any portion of the contingency covered by this clause. Adjustments under this clause are predicated upon the Government exercising one or more option year extensions. The Government, at its discretion may choose to exercise or not exercise an option to extend the Contract.

(b) The economic indicator, for the purpose of calculating the inventory holding fee (expressed as a percentage) and inventory holding cost for each option year under this clause, shall be the prime rate, as published Monday through Friday in the Wall Street Journal.

(c) This clause authorizes only one calculation annually (see paragraph d) to determine the inventory holding fee and inventory holding cost applicable to the upcoming option year. (The inventory holding fee and inventory holding cost for the base contract period are not subject to adjustment under this clause.) This calculation is as follows:

(1) A "base" and "adjusting" prime rate shall be established for each option year (see paragraph (e) below).

(2) Determine the change in points (upward or downward) between the Base Prime Rate and Adjusting Prime Rate for the twelve-month period* which ends 60 days prior to the upcoming option year for which the new inventory holding fee and inventory holding cost will be calculated. (*Note: The period for the adjustment for option year I may be longer or shorter than twelve months.)

(3)(i) Increases. The actual change in points up to the maximum allowed in accordance with paragraph (h) shall be added to the Inventory Holding Fee for the contract year/period about to expire to determine the inventory holding fee for the upcoming option year. Upward adjustments shall not exceed 1.50 points.

(ii) Decreases. The actual change in points shall be subtracted from the inventory holding fee for the contract year/period about to expire to determine the inventory holding fee for the upcoming option year.

(iii) For increases or decreases, Contractors may offer lower inventory holding fees than those calculated in accordance with the above.

(4) To determine the inventory holding cost for the upcoming option year, the Contracting Officer will apply the new inventory holding fee to the value of contractor furnished material inventory reserved for this contract (hereafter referred to as the CFM inventory) for the upcoming option year (i.e., the value of the CFM inventory for the upcoming option year x new inventory holding fee expressed as a decimal to four decimal places = new inventory holding cost for the upcoming option year). The Contracting Officer will update the value of the CFM inventory for each contract year by applying the current DAPA, FSS, ECAT, or DoD national contract prices (whichever is lower) to the CFM inventory coverage for the upcoming contract year. For payment purposes, the inventory holding cost for the upcoming option year may be paid on a monthly, quarterly, or some other basis at the discretion of the Contracting Officer.

(d)(1) Adjustment requests and notifications:

(i) If the adjusting prime rate is higher than the base prime rate, the Contractor may request an increase in accordance with the terms of this clause in the inventory holding fee applicable to the upcoming option year. This written request must be received by the Contracting Officer within 30 days after the adjusting prime rate is published and may be generic or may include the specific calculations required by this clause to determine the revised inventory holding fee. The ceiling provision (paragraph (h) below) must also be considered when making the calculations. The Contractor has the option of proposing an inventory holding fee based upon these calculations or a lower inventory holding fee.

(ii) If the adjusting prime rate is lower than the base prime rate, a decrease in the inventory holding fee is mandated by this clause. Accordingly, the Contractor shall notify the Contracting Officer in writing of this decrease. This notification must be received by the Contracting Officer within 30 days after the adjusting prime rate is published and may be generic or may include the specific calculations required by this clause to determine the revised inventory holding fee. The Contractor has the option of proposing the inventory holding fee based upon these calculations or a lower inventory holding fee.

(2) Upon receipt of a request for an upward adjustment or notification of a downward adjustment by the Contractor, the Contracting Officer shall review and validate the Contractor's submittal. If acceptable, the Contracting Officer will calculate the inventory holding fee, if necessary, and the inventory holding cost for the upcoming option year in accordance with paragraph (c)(4) above. If no increase is requested and a mandated decrease is not warranted, the Contracting Officer shall use the current inventory holding fee to calculate the inventory holding cost for the upcoming option year. In either case, the inventory holding fee, inventory holding cost, and the value of the CFM inventory for the upcoming option year shall be included in a contract modification.

(3) If a request for an upward adjustment is received after the required 30-day timeframe, the Contracting Officer reserves the right to reject the request, as money may not available to fund the increase. If funds are available, the Contracting Officer shall have 30 days from the date the Contractor's request is received to review and validate the request, make the required calculations and issue an adjustment modification. The upward adjustment shall take effect on the same day the modification takes effect. If a notification of a downward adjustment is not submitted until after the required 30-day timeframe or the Contractor fails to notify the Contracting Officer of a decrease, the Contracting Officer shall unilaterally make the required adjustments in accordance with this clause. The effective date of the downward adjustment shall be retroactive to the date the new option year takes effect.

(e) Determining the "base" and "adjusting" indexes.

(1) The base prime rate used to calculate the inventory holding fee and inventory holding cost covering option year I under this clause shall be the prime rate, as published on the date of closing of the final proposal revision. The base prime rate used to calculate the inventory holding fee and inventory holding cost for each subsequent option year shall be the prime rate, as published 60 days prior to the effective date of each previous option year (e.g., the base prime rate for option year III will be the prime rate published 60 days prior to the effective date of option year II.)

(2) The adjusting prime rate used to calculate the inventory holding fee and inventory holding cost for each option year shall be the prime rate, as published 60 days prior to the effective date of each option year (e.g., the adjusting prime rate for option year III will be the prime rate published 60 days prior to the effective date of option year III).

(f) Following is a hypothetical example of adjustment calculations to determine the inventory holding fee for option year III and the associated inventory holding cost. (The base and adjusting prime rates, the inventory holding fee for option year II and the value of the CFM inventory for option year III are hypothetical and are used only to illustrate how the inventory holding fee and inventory holding cost are calculated):

(1) Base prime rate (in effect 60 days prior to effective date of option year II): 4.00

(2) Adjusting prime rate (in effect 60 days prior to effective date of option year III): 5.75

(3) Current contract inventory holding fee for option year II: 3.75

(4) Calculate the inventory holding fee:

Adjusting Prime Rate: 5.75

Base Prime Rate: -4.00

------

Change in (Prime Rate) Points: (-Increase-) 1.75

Maximum increase allowed is 1.50 points: Clause ceiling of 1.50 is less than 1.75 calculated; therefore the allowable increase is 1.50 points.

Inventory Holding Fee for Option Year II: 3.75

Maximum Increase in Prime Rate Allowed: + 1.50

-----

Inventory Holding Fee for Option Year III: 5.25

(5) Contracting Officer to calculate the Inventory Holding Cost:

Value of CFM Inventory as adjusted for Option Year III: $20,000,000.00

$20,000,000.00 x .0525 = $1,050,000 (Annual Inventory Holding Cost for Option Year III)

(g) The adjusting contract modification will show all the calculations used to establish the inventory holding fee, inventory holding cost, and the value of the CFM inventory covering the new option year.

(h) Any request to increase the Inventory Holding Fee in accordance with the requirements of this clause for any upcoming option year shall be limited to the point increase (in increments of 0.25) in the prime rate, up to, but not exceeding 1.50 points. This will be determined when calculating the change in points in the prime rate using the base and adjusting prime rates described in paragraph (c)(2) and (c)(3)(i) and illustrated in paragraph (f). If the prime rate increase exceeds 1.50 points and the Contractor has requested an increase of 1.50 points or more, the Contractor shall be given the 1.50 point increase. There are no limitations on downward adjustments under this clause. Contractors can also propose lower inventory holding fees than those calculated in accordance with the requirements of this clause.

(i) The Contractor shall include a statement on the final invoice for each contract year/period that amounts invoiced under this contract reflect all decreases required by this clause.

(j) Payment on this contract shall be at the current inventory holding fee and inventory holding cost pending the issuance of the modification establishing the new inventory holding fee, inventory holding cost, and value of the CFM inventory for the applicable option year. The inventory holding fee and inventory holding cost will, if necessary, be retroactively adjusted if the applicable price adjustment is delayed by the Government. In this case, any retroactive adjustment shall cover performance only from when the adjustment should have taken effect but for the delay caused by the Government through the day that the EPA modification takes effect.

(k) In the event that the prime rate is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the prime rate consistently and substantially fails to reflect market conditions, the parties shall mutually agree upon an appropriate substitute method or adjustment mechanism to determine the annual inventory holding fee and/or inventory holding cost. The Contract shall be modified to specify the use of an appropriate substitute, which will be effective on the date the prime rate is no longer published, the derivation of the prime rate is substantially altered, or the prime rate begins to consistently and substantially fail to reflect market conditions. If the base or adjusting prime rates established in paragraph (e) above fall on a day the prime rate is not published, use the next day the prime rate is published.

(l) Any pricing actions pursuant to Federal Acquisition Regulation (FAR) clause 52.212-4, paragraph (c) entitled "Changes" (including any revisions by addendum thereto) or other provisions of the Contract shall be priced as though there were no provisions for economic price adjustment.

(m) No adjustment shall be made under this EPA clause unless the total change in contract amount exceeds $500.00.

(End of Clause)

52.216-9051 Economic Price Adjustment – Federal Ceiling Prices – One Adjustment Per Year.

As prescribed in 16.203-4(d)(2)(93) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – FEDERAL CEILING PRICES – ONE ADJUSTMENT PER YEAR (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Federal ceiling price or Federal Supply Schedule (FSS) Price for each item. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”. The Government reserves the right not to exercise an Option.

(b) The offeror/Contractor warrants that any contract unit prices determined using the Federal ceiling price or FSS Price do not include allowances for any portion of the contingency covered by this clause.

(c) Prior to award, the Contractor must furnish a copy of the current Federal ceiling price, FSS Price, the Veteran Administration (VA) approval of those prices, and any other information required by the Contracting Officer. During the life of the contract, any changes to the Federal ceiling price and the FSS Price, as well as the VA’s approval of those price changes and any other information required by the Contracting Officer, must be furnished in writing not later than 15 workdays after the effective dates of those price changes.

(d) Award unit prices shall not exceed the current federal ceiling price as well as any current FSS price in effect for the same item.

(e) Downward Adjustments.

(1) During the base year of the contract, downward adjustments to contract unit prices are mandated whenever there are decreases in the Federal ceiling price and/or whenever a reduction to the FSS price results in a revised FSS price which is now lower than the current contract unit price. During the Option years of the contract, downward adjustments to contract unit prices are mandated whenever reductions to the Federal ceiling price and/or the FSS price results in a revised Federal ceiling price and/or FSS price that is lower than the current contract unit price.

The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in the Federal ceiling price and/or FSS price. The Contractor shall propose a lower contract unit price taking into consideration the benchmarks in paragraphs (e)(2) and (3) below. The Contractor must furnish a copy of the revised Federal ceiling price and/or FSS price within 15 workdays after it takes effect.

If the decrease is based upon a lower Federal ceiling price (FCP), the Contractor shall furnish the information in (i)-(viii) below. If the decrease is based upon a lower FSS Price, the Contractor shall furnish the information in (i), (iii), (v), (vi), (viii), and (ix) below.

(i) FCP/FSS: The item number; e.g., 0002.

(ii) FCP: The previous Federal ceiling price.

(iii) FCP/FSS: The Federal ceiling price now in effect.

(iv) FCP: The percentage change in Federal ceiling price from the previous Federal ceiling price to the new, lower Federal ceiling price.

(v) FCP/FSS: The current Contract Unit Price.

(vi) FCP/FSS: The reduced Contract Unit Price now offered.

(vii) FCP: The percentage decrease from the current Contract Unit Price to the new lower Contract Unit Price.

(viii) FCP/FSS: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS price(s) for the same item.

(ix) FSS: For any items offered to the DVA under the FSS, the previous FSS price(s) for the same item.

(2) Federal ceiling price reduction. If the offered price decrease is based upon a reduction in the Federal ceiling price, the proposed lower contract unit price shall not exceed the lower of the following two benchmarks:

(i) For the base contract year adjustment, the offered reduction in contract unit price on a percentage basis must be at least equal to the percentage reduction from the previous Federal ceiling price under the contract to the new lower Federal ceiling price; i.e., the current contract unit price, must, as a minimum, be reduced by the percentage decrease in Federal ceiling price. For each option year adjustment, the new proposed lower contract unit price shall not exceed the new Federal ceiling price.

(ii) The new proposed lower contract unit price shall not exceed the current FSS price for the same item.

(3) FSS price reduction. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower contract unit price shall not exceed the lower of the following two benchmarks:

(i) The new proposed lower contract unit price shall not exceed the revised lower FSS Price for the same item.

(ii) The new proposed lower contract unit price shall not exceed the current Federal ceiling price.

(4) If the proposed contract unit price exceeds the lower of the appropriate Federal Ceiling Price benchmarks (for reductions based upon a reduced Federal Ceiling Price) or FSS Price benchmarks (for reductions based upon a reduced FSS Price), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s).) If the proposed Contract Unit Price does not exceed the lower of the appropriate Federal Ceiling Price or FSS Price benchmarks, it will be determined fair and reasonable.

Upon approval of the proposed price decrease, the Government shall modify the contract to include the reduced Contract Unit Price which, will take effect on the same day that the reduced Federal Ceiling Price or FSS Price takes effect, as appropriate. The modification will also show the current Federal Ceiling Price and FSS Price. The adjusted Contract Unit Price shall apply to those items ordered on or after the new Federal Ceiling Price or FSS Price takes effect, as appropriate. Any delivery orders issued after the reduced Federal Ceiling Price or FSS Price takes effect but before the Contracting Officer modifies the contract to incorporate the reduced Contract Unit Price, will be retroactively reduced to the new lower Contract Unit Price (see paragraph (i)).

If the Contractor fails to notify the Contracting Officer of any Federal Ceiling Price or FSS Price decreases within the timeframe and in the manner stated above, or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Federal Ceiling Price or FSS Price, as appropriate.

(f) Upward adjustments.

(1) The Contractor is authorized to submit one request for upward adjustment to the Contract Unit Price each Contract Year (i.e. one adjustment during the Base Year and one adjustment during each Option Year, if the option is exercised by the Government). The request for upward price adjustment must be based upon increases in the Federal Ceiling Price and shall be submitted no later than 15 workdays after the effective date of the new Federal Ceiling Price. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (f)(2). The request shall be in writing and include the following:

(i) The item number; e.g., 0002.

(ii) The previous Federal ceiling price.

(iii) The increased Federal Ceiling Price now in effect.

(iv) The percentage change from the previous Federal Ceiling Price to the new, higher Federal Ceiling Price.

(v) The current contract unit price in effect.

(vi) The increased Contract Unit Price now proposed.

(vii) The percentage change from the current Contract Unit Price in effect to the new proposed higher Contract Unit Price.

(viii) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS price(s) for the same item.

(ix) For any items offered to the DVA under the FSS, the previous FSS price(s) for the same item.

(x) Any other information required by the Contracting Officer.

(2) Upon receipt of the request for a Contract Unit Price increase based upon an increase in the Federal Ceiling Price, the Contracting Officer shall review the information the Contractor is required to submit and verify that the proposed increase is fair and reasonable. The proposed increase will be considered fair and reasonable if it does not exceed whichever is the lower of the following two benchmarks:

(i) For the Base Contract Year adjustment, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the previous Federal Ceiling Price to the new higher Federal Ceiling Price; i.e., the proposed Contract Unit Price cannot exceed the current Contract Unit Price plus the percentage increase in the Federal Ceiling Price. For each Option Year adjustment, the new proposed higher Contract Unit Price shall not exceed the new Federal Ceiling Price.

(ii) The proposed higher Contract Unit Price shall not exceed the current FSS Price for the same item.

(3) If the proposed higher Contract Unit Price exceeds the lower of the two benchmarks, the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the lower of the two benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s)).

If the proposed increased Contract Unit Price does not exceed the lower of the two benchmarks, it will be determined fair and reasonable. Upon approval of the proposed price increases, the Government shall modify the contract to include the increased Contract Unit Price(s). The modification will also show the current Federal Ceiling Price and FSS Price. If the request for price increase is submitted within the required 15-day timeframe (see (f)(1)), the effective date of the increased Contract Unit Price will be on the same day the new Federal Ceiling Price takes effect and this increase shall apply to all orders issued thereafter.

Accordingly, any delivery orders issued after the increased Federal Ceiling Price takes effect but before the Contracting Officer modifies the contract to incorporate the increased Contract Unit Price(s), will be retroactively increased to the new higher Contract Unit Price (see paragraph (i)). If the request for increase is not received within the 15-day timeframe, the Contracting Officer reserves the right not to retroactively adjust any orders issued before an adjusting modification is issued. In this case, the effective date of the increase will be on the same day the adjusting modification takes effect.

(g) If the Contracting Officer at any time has any reason to believe that the Federal Ceiling Price or FSS price has been discontinued, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute method for determining adjustments. The Contract shall be modified to incorporate the substitute and its effective date.

(h) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(i) Pending the issuance of an adjusting modification revising the Contract Unit Price, payment shall be made at the contract unit prices in effect at the time of order.

(j) Any increased Federal Ceiling Price shall not be used to compute contract unit prices for Delivery Orders issued before the date the increased Federal Ceiling Price takes effect.

(k)(1) Voluntary Price Reductions (VPR): A "special or discount" offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the "special or discount" period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

(2) If the Ceiling Price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased Federal Ceiling Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of Clause)

52.216-9052 Economic Price Adjustment – Federal Ceiling Prices – One Adjustment Per Year.

As prescribed in 16.203-4(d)(2)(94) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – FEDERAL CEILING PRICES – ONE ADJUSTMENT PER YEAR (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Federal Ceiling Price or Federal Supply Schedule (FSS) Price for each item. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”. The Government reserves the right not to exercise an option.

(b) The offeror/Contractor warrants that any contract unit prices determined using the Federal Ceiling Price or FSS Price do not include allowances for any portion of the contingency covered by this clause.

(c) Prior to award, the Contractor must furnish a copy of the current Federal Ceiling Price, FSS Price, the Department of Veteran Affairs (VA) approval of those prices, and any other information required by the Contracting Officer. During the life of the contract, any changes to the Federal Ceiling Price and the FSS Price, as well as the VA’s approval of those price changes and any other information required by the Contracting Officer, must be furnished in writing not later than 15 workdays after the effective dates of those price changes.

(d) Award Unit Prices shall not exceed the current Federal Ceiling Price as well as any current FSS price in effect for the same item.

(e) Downward Adjustments.

(1) Downward adjustments to contract unit prices are mandated whenever there are decreases in the Federal Ceiling Price and/or whenever a reduction to the FSS Price results in a revised FSS Price which is now lower than the current Contract Unit Price. The Contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in the Federal Ceiling Price and/or FSS Price. The Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (e)(2) and (3) below. The Contractor must furnish a copy of the revised Federal Ceiling Price and/or FSS Price within 15 workdays after it takes effect. If the decrease is based upon a lower Federal Ceiling Price (FCP), the Contractor shall furnish the information in (i)-(viii) below. If the decrease is based upon a lower FSS Price, the Contractor shall furnish the information in (i), (iii), (v), (vi), (viii), and (ix) below.

(i) FCP/FSS: The item number; e.g., 0002.

(ii) FCP: The previous Federal Ceiling Price.

(iii) FCP/FSS: The Federal Ceiling Price now in effect.

(iv) FCP: The percentage change in Federal Ceiling Price from the previous Federal Ceiling Price to the new, lower Federal Ceiling Price.

(v) FCP/FSS: The current Contract Unit Price.

(vi) FCP/FSS: The reduced Contract Unit Price now offered.

(vii) FCP: The percentage decrease from the current Contract Unit Price to the new lower Contract Unit Price.

(viii) FCP/FSS: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS price(s) for the same item.

(ix) FSS: For any items offered to the DVA under the FSS, the previous FSS price(s) for the same item.

(2) Federal Ceiling Price Reduction. If the offered price decrease is based upon a reduction in the Federal Ceiling Price, the proposed lower Contract Unit Price shall not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the previous Federal Ceiling Price under the contract to the new lower Federal Ceiling Price; i.e., the current Contract Unit Price, must, as a minimum, be reduced by the percentage decrease in Federal Ceiling Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current FSS Price for the same item.

(3) FSS Price Reduction. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower Contract Unit Price shall not exceed the lower of the following two benchmarks:

(i) The new proposed lower Contract Unit Price shall not exceed the revised lower FSS Price for the same item.

(ii) The new proposed lower Contract Unit Price shall not exceed the current Federal Ceiling Price.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate Federal Ceiling Price benchmarks (for reductions based upon a reduced Federal Ceiling Price)or FSS Price benchmarks (for reductions based upon a reduced FSS Price), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s).) If the proposed Contract Unit Price does not exceed the lower of the appropriate Federal Ceiling Price or FSS Price benchmarks, it will be determined fair and reasonable.

Upon approval of the proposed price decrease, the Government shall modify the contract to include the reduced Contract Unit Price which, will take effect on the same day that the reduced Federal Ceiling Price or FSS Price takes effect, as appropriate. The modification will also show the current Federal Ceiling Price and FSS Price. The adjusted Contract Unit Price shall apply to those items ordered on or after the new Federal Ceiling Price or FSS Price takes effect, as appropriate. Any delivery orders issued after the reduced Federal Ceiling Price or FSS Price takes effect but before the Contracting Officer modifies the contract to incorporate the reduced Contract Unit Price, will be retroactively reduced to the new lower Contract Unit Price (see paragraph I).

If the Contractor fails to notify the Contracting Officer of any Federal Ceiling Price or FSS Price decreases within the timeframe and in the manner stated above, or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Federal Ceiling Price or FSS Price, as appropriate.

(f) Upward Adjustments.

(1) The Contractor is authorized to submit one request for upward adjustment to the Contract Unit Price each Contract Year (i.e. one adjustment during the Base Year and one adjustment during each Option Year, if the option is exercised by the Government). The request for upward price adjustment must be based upon increases in the Federal Ceiling Price and shall be submitted no later than 15 workdays after the effective date of the new Federal Ceiling Price. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (f)(2). The request shall be in writing and include the following:

(i) The item number; e.g., 0002.

(ii) The previous Federal Ceiling Price.

(iii) The increased Federal Ceiling Price now in effect.

(iv) The percentage changed from the previous Federal Ceiling Price to the new, higher, Federal Ceiling Price.

(v) The current Contract Unit Price in effect.

(vi) The increased Contract Unit Price now proposed.

(vii) The percentage change from the current Contract Unit Price in effect to the new, proposed, higher Contract Unit Price.

(viii) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS price(s) for the same item.

(ix) For any items offered to the DVA under the FSS, the previous FSS price(s) for the same item.

(x) Any other information required by the Contracting Officer.

(2) Upon receipt of the request for a Contract Unit Price increase based upon an increase in the Federal Ceiling Price, the Contracting Officer shall review the information the Contractor is required to submit and verify that the proposed increase is fair and reasonable. The proposed increase will be considered fair and reasonable if it does not exceed whichever is the lower of the following two benchmarks:

(i) The proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the previous Federal Ceiling Price to the new, higher, Federal Ceiling Price, i.e., the proposed Contract Unit Price cannot exceed the current Contract Unit Price plus the percentage increase in the Federal Ceiling Price.

(ii) The proposed higher Contract Unit Price shall not exceed the current FSS Price for the same item.

(3) If the proposed higher Contract Unit Price exceeds the lower of the two benchmarks, the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the lower of the two benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s)). If the proposed increased Contract Unit Price does not exceed the lower of the two benchmarks, it will be determined fair and reasonable.

Upon approval of the proposed price increases, the Government shall modify the contract to include the increased Contract Unit Price(s). The modification will also show the current Federal Ceiling Price and FSS Price. If the request for price increase is submitted within the required 15-day timeframe (see (f)(1)), the effective date of the increased Contract Unit Price will be on the same day the new Federal Ceiling Price takes effect and this increase shall apply to all orders issued thereafter.

Accordingly, any delivery orders issued after the new Federal Ceiling Price takes effect but before the Contracting Officer modifies the contract to incorporate the increased Contract Unit Price(s), will be retroactively increased to the new higher Contract Unit Price (see paragraph (i)).

If the request for increase is not received within the 15-day timeframe, the Contracting Officer reserves the right not to retroactively adjust any orders issued before an adjusting modification is issued. In this case, the effective date of the increase will be on the same day the adjusting modification takes effect.

(g) If the Contracting Officer at any time has any reason to believe that the Federal Ceiling Price or FSS price has been discontinued, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute method for determining adjustments. The Contract shall be modified to incorporate the substitute and its effective date.

(h) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(i) Pending the issuance of an adjusting modification revising the Contract Unit Price, payment shall be made at the contract unit prices in effect at the time of order.

(j) Any increased Federal Ceiling Price shall not be used to compute contract unit prices for Delivery Orders issued before the date the increased Federal Ceiling Price takes effect.

(k)(1) Voluntary Price Reductions (VPR): A "special or discount" offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the "special or discount" period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

(2) If the Ceiling Price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased Federal Ceiling Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted contract unit prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of Clause)

52.216-9053 Economic Price Adjustment (EPA) - Established Market Price – Dehydrated Orange Juice.

As prescribed in Federal Acquisition Regulation (FAR) 16.203-1(a)(1), Defense Logistics Acquisition Directive (DLAD) 16.203-1(a)(90) and 16.203-4(90) insert the following:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – DEHYDRATED ORANGE JUICE (NOV 2011)

(a) Warranties. The Contractor warrants that the unit prices included in the Schedule does not include allowances for any portion of the contingency covered by this clause.

(b) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for adjustments to contract prices under this clause shall be the price for Frozen Concentrated Orange Juice (FCOJ) as published daily by the New York Board of Trade (NYBoT) in the Daily Market Reports Futures.

(1) The base unit price for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the first three month’s Settle prices published daily within 30 calendar days for FCOJ as published by the NYBoT immediately preceding (i) the closing date for proposals, if no discussions are held, (ii) the due date for final proposal revisions, if discussions are held, or (iii) the opening date, if sealed bidding is used. Settle price as defined in financial dictionaries is an average of the trading prices in the futures market during the last few minutes of trading.

(2) The adjusting unit price shall be the arithmetic average of the of the first three month’s Settle Price published daily within 30 calendar days for FCOJ as published by the NYBoT immediately preceding the date the option is exercised.

(c) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit price(s). One adjustment calculation shall be made annually to determine the unit price(s) applicable to the forthcoming option term (if exercised).

(d) Allowance Factor. For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that 1.14 pounds of Frozen Concentrated Orange Juice (FCOJ) solids is needed to produce one can of dehydrated orange juice. This allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

(e) Adjustments shall be calculated as follows:

Compute the Adjusting Unit Price and the Base Unit Price of each ingredient.

(Adjusting Unit Price – Base Unit Price)/Base Unit Price = Market Price Change (+ or -).

The adjusting unit price and base unit price are based on the three month arithmetic average published by the New York Board of Trade (NYBoT) for Frozen Concentrated Orange Juice (FCOJ) as discussed in paragraphs b(1) and b(2) of this clause.

Adjusting Unit Price – Base Unit Price = Change in Price (+ or -).

The percentage change in price equals the change in price divided by the base unit price i.e. (3022/9000 = 0.3358). This change in market prices is rounded to four decimal places to determine percentage (%) market price change.

(3) Percentage Market Price Change X Price for Allowance Factor = Contract Unit Price Adjustment (+ or -) (Round to two decimal places). This calculation is used to determine upward or downward increases for price adjustments to frozen concentrated orange juice unit prices for the option periods.

(4) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the EPA (as discussed in section (e) above, the portion of the price subject to the EPA is the Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period being adjusted. Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit prices.

(5) The three month average of the base unit price based on published prices by the New York Board of Trade (NYBoT) for Frozen Concentrated Orange Juice (FCOJ) used in this example was 9000. The following examples assume identical upward or downward adjustments in the price of FCOJ to illustrate the impact on contract unit prices. In the first example of an upward adjustment, the three month adjusting unit price average for Option Year 2 was 12,022. In the second example of a downward adjustment, the three month adjusting unit price was 5,978. The change in price is multiplied times the price for the allowance factor of $1.11 which results in either an upward or downward adjustment of $0.37 in the unit price. In the actual contract modification the detailed calculation showing the daily prices, monthly average, and average prices for three months would be shown. The price adjustment would be applied to the actual quantities ordered by the Government per the terms of the contract. The minimum and maximum quantities shown below illustrate the potential price impact that would be seen in a contract modification for Option Year 2 depending on whether an upward or downward adjustment was applicable.

(f) Modification: Price adjustments made under this clause shall be effected by contract modification showing the change in contract unit price adjustment and the minimum and maximum price differential for the option year using the methodology shown below.

Calculation for Contract Unit Price Adjustment
| Upward | Downward
| Adjustment | Adjustment
Adjusting Unit Price (NYBoT) | 12022 | 5978
Less: Base Unit Price (NYBoT) | 9000 | 9000
Change in Price | 3022 | (3022)
% Market Price Change | 0.3358 | (0.3358)
Multiply by the Allowance Factor | $1.11 | $1.11
Contract Unit Price Adjustment | $0.37 | $(0.37)
Calculation for Upward Adjusted Unit Price for Option Year 2
|  |  |  |  |  |  |  | Price |  |
|  | Original |  |  | Adjusted |  |  | Differential |  |
Min. | Max. | Unit | Min. | Max. | Unit | Min. | Max. | Unit | Min. | Max.
Qty. | Qty. | Price | Amt. | Amt. | Price | Amt. | Amt. | Price | Amt. | Amt.
10,000 | 120,0000 | $4.75 | $47,500 | $570,000 | $5.12 | $51,200 | $614,400 | $0.37 | $3,700 | $44,400
Calculation for Downward Adjusted Unit Price for Option Year 2
|  |  |  |  |  |  |  | Price |  |
|  | Original |  |  | Adjusted |  |  | Differential |  |
Min. | Max. | Unit | Min. | Max. | Unit | Min. | Max. | Unit | Min. | Max.
Qty. | Qty. | Price | Amt. | Amt. | Price | Amt. | Amt. | Price | Amt. | Amt.
10,000 | 120,0000 | $4.75 | $47,500 | $570,000 | $4.38 | $43,800 | $525,600 | ($0.37) | ($3,700) | ($44,400)

Legend: Min. = Minimum; Qty. = Quantity; Max. = Maximum; Amt. = Amount.

(g) Payments: Payment for an adjustment under this clause shall be at the current contract price until an adjustment modification has been effected. The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the unit price stipulated in the contract modification for the applicable option period. The Contractor also represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this clause.

(h) Any pricing actions pursuant to the CHANGES clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(i) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more.

(j) Upward ceiling on economic price adjustment: The aggregate of the increases in any contract unit price shall not exceed 10% per year of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this clause.

(k) Revision of market price indicator: In the event that (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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions

(l) Disputes: If the parties fail to agree on an appropriate substitute market price indicator, or implementation of other matters addressed by this EPA clause then the matter shall be resolved in accordance with the DISPUTES clause of the contract.

(m) Examination of records. The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(End of Clause)

52.216-9054 ECONOMIC PRICE ADJUSTMENT - POLYMERIC TRAYPACK RATION

The clause at 52.216-9054 may be used in solicitations and contracts for polymeric traypack rations. The Contracting Officer may add additional components based upon customer requirements within paragraph (b) of the clause. Prior to incorporation of any additional component(s) into a solicitation or contract, the Contracting Officer shall provide the requested new components along with supporting documentation to the cost/price office for review and approval. DLA Troop Support will keep track of any items added and/or those that should be deleted from the clause and report to DLA HQ, Attention: J73 every two years for review and updating of the clause as necessary.

As prescribed in FAR 16.203-1(a)(1), Defense Logistics Acquisition Directive (DLAD) 16.203-1(a)(90) and 16.203-4(90) insert the following clause:

ECONOMIC PRICE ADJUSTMENT - POLYMERIC TRAYPACK RATION (NOV 2011)

(a) Warranties. For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that the unit prices included in the Schedule do not include allowances for any portion of the contingency covered by this clause. Refer to Defense Logistics Acquisition Directive (DLAD) clause 52.217-9001, Option To Extend The Term Of The Contract - Separate Firm Fixed Price And Fixed Price With Economic Price Adjustment Portions, contained elsewhere in this solicitation.

(b) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.g. an average of beef indices for beef products, an average of poultry indices for poultry products, etc.) for the period specified under the “Adjusted (ADJ.) Unit Price” below immediately preceding either the solicitation closing date for proposals (if no discussions are held), the due date for final proposal revisions (if discussions are held) or the solicitation opening date (if sealed bidding is used).

TRAY PACK ITEM | EPA FACTOR | ECONOMIC INDICATOR | PUBLICATION / PUBLISHER | PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE
Beef, ground, Creamed | Beef | Boneless process Beef, trimmings, Weighted Average, 85%, BPN U24 | Weekly National Carlot Meat Report / USDA | Weekly | 52 week period | 52 week period
Turkey Cutlets In gravy | Turkey | Breasts, B/S, TOM, National Young Turkey Parts & Bulk Meat, Weighted Average Price | USDA Turkey Market News Report (Monday Edition) / USDA | Weekly | 52-week period | 52 week period
Ham Slices Potatoes w/cheese & ham | Ham | Ham bone-in, trimmed, 23-27#m spec 1, BPN U62 | Weekly National Carlot Meat Report USDA | Weekly | 52-week period | 52 week period
Pork diced in sweet & sour | Pork | Picnics, fresh, Smkr trm,RS, Combo, weighted average, BPN U50 | Weekly National Carlot Meat Report / USDA | Weekly | 52-week period | 52 week period
Chili Macaroni w/beef, corn and beans | Beef | Boneless process Beef, trimmings, Weighted average 85% BPN U24 | Weekly National Carlot Meat Report / USDA | Weekly | 52-week period | 52 week period
Corned Beef hash | Beef | IMPS 167A, round, knuckle, trimmed, Weighted Average, BPNU12 | Weekly National Carlot Meat Report / USDA | Weekly | 52-week period | 52 week period
Turkey Sausage Links | Turkey | Breasts, B/S, TOM, National Young Turkey Parts & Bulk Meat, Weighted Average Price | USDA Turkey Market News Report (Monday Edition) / USDA | Weekly | 52-week period | 52 week period
Meatballs in gravy | Beef | Boneless process Beef, trimmings, Weighted Average 85%, BPN U24 | Weekly National Carlot Meat Report / USDA | Weekly | 52-week period | 52 week period
Spaghetti w/meatballs | Beef | Boneless process Beef, trimmings, Weighted Average 85%, BPN U24 | Weekly National Carlot Meat Report / USDA | Weekly | 52-week period | 52 week period
Chicken breasts In gravy | Chicken Breast | Breasts – B/S, Georgia FOB Dock Prices. | USDA Broiler Market News Report (Monday Edition) / USDA | Weekly | 52-week period | 52 week period
Chicken breast in lemon pepper sauce | Chicken Breast | Breasts – B/S, Georgia FOB Dock Prices. | USDA Broiler Market News Report (Monday Edition) / USDA | Weekly | 52-week period | 52 week period
Chicken, Buffalo Style in spicy sauce | Chicken | Heavy Type Hens, S.E. Heavy Live Hen Report, At Farm Buyer Loading, Weighted Average | USDA Broiler Market News Report (Monday Edition) / USDA | Weekly | 52-week period | 52 week period
Stuffing w/sausage | Pork | Picnics, fresh, Smkr trm,RS, Combo, Weighted Average, BPN U50 | Weekly National Carlot Meat Report /USDA | Weekly | 52-week period | 52 week period
Pork sausage Links | Pork | Picnics, fresh, Smkr trm,RS, Weighted Average, Combo, BPN U50 | Weekly National Carlot Meat Report /USDA | Weekly | 52-week period | 52 week period
Pork ribs in BBQ Sauce | Pork | Picnic cushion Meat, combo 92%, fresh or frozen, BPN U50 | Weekly National Carlot Meat Report /USDA | Weekly | 52-week period | 52 week period
Pork sausage in Cream gravy | Pork | Picnics, fresh, Smkr trm,RS, Combo, Weighted Average, BPN U50 | Weekly National Carlot Meat Report /USDA | Weekly | 52-week period | 52 week period
Pasta w/ground hot Italian sausage | Pork | Picnics, fresh, Smkr trm,RS, Combo, Weighted Average, BPN U50 | Weekly National Carlot Meat Report /USDA | Weekly | 52-week period | 52 week period
Beef taco filling | Beef | IMPS 167A round knuckle, trimmed, Weighted Average, BPN U12 | Weekly National Carlot Meat Report /USDA | Weekly | 52-week period | 52 week period
Blueberry dessert | Blueberries | Frozen, 30 lb f.o.b. Michigan | The Food Institute Report Monthly Price Range / USDA | Monthly | 12 month period | 12 month period
Beef Burgundy | Beef | IMPS 167A round knuckle, trimmed, Weighted Average, BPN U12 | Weekly National Carlot Meat Report /USDA | Weekly | 52-week period | 52 week period
Chicken in Szechwan Style Sauce | Chicken Breast | Breasts –B/S, Georgia FOB Dock Prices. | USDA Broiler Market News Report (Monday Edition) / USDA | Weekly | 52-week period | 52 week period
Polypro-pylene (PP) Resin | PP Resin | Polypropylene Large Buyer Contract Price | Chemical Data/ Monthly Petrochemical & Plastics Analysis | Monthly | 12 month period | 12 month period
Linerboard | Linerboard | Linerboard (42-lb) Unbleached kraft, East | PPI Pulp & Paper Week | Monthly | Semi-annual | Semi-annual

In addition to the components shown above, the following are also included:

TRAY PACK ITEM | EPA FACTOR | ECONOMIC INDICATOR | PUBLICATION / PUBLISHER | PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE

(To be completed as required)

(c) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the Adjusting Unit Price column shown in paragraph (b) immediately preceding the effective date the option term is exercised.

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments under this clause, and the economic indicators and publications to be used are listed in paragraph (b) of this clause.

(1) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the Base Unit Price column in paragraph (b) immediately preceding (i) the closing date for proposals, if no discussions are held, (ii) the due date for final proposal revisions, if discussions are held, or (iii) the opening date, if sealed bidding is used.

(2) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator for the period specified under the Adjusting Unit Price column in paragraph (b) immediately preceding the effective date the option term is exercised, except for linerboard which shall require one additional adjustment six months after each option term is exercised.

(e) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming option term (if exercised), except linerboard which will be adjusted on a semi-annual basis.

(f) ALLOWANCE FACTOR: For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material costs such as beef, turkey, ham, pork, chicken, and blueberries are subject to the EPA, because there is serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and Administrative (G&A), transportation, and profit, are those contingencies that can be included in the contract price and can be identified and covered separately through firm-fixed-price. This allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

(1) The United States Army Research, Development and Engineering Command (RDECOM) Natick Soldier Center (NSC) who prepares the specifications has moved from Military Specifications to Performance Requirements. The Government no longer states the specific amount of meat, potatoes, gravy, etc. that goes into a tray pack item, only an overall amount with a protein and carbohydrate requirement. Meeting the protein requirement indicates that the Contractor has put in sufficient meat quantities in the tray/pouch to satisfy the requirement. Different Contractors will put in differing quantities of beef, turkey, ham, pork, chicken breast, etc. to meet the protein performance requirements. This is why specific weights or quantities cannot be specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to adjustment will be entered by the Contractor in Section B. The Government performs oversight to ensure that the performance requirements are met or exceeded.

(g) Adjustments shall be calculated as follows: (Round to four decimal places)

(1) Compute the Adjusting Unit Price and the Base Unit Price.

(2) (Adjusting Unit Price – Base Unit Price)/Base Unit Price = Market Price Change (+ or -).

(3) Market Price Change X Allowance Factor = Price Adjustment (+ or -).

(4) Determine the Contract Unit Price Adjustment by computing the sum total of the price Adjustment of all items subject to EPA.

(5) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the EPA (as discussed in section (f) above, the portion of the price subject to the EPA is the Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the EPA Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period being adjusted.

(h) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit price.

(i) Payments: Payment for an adjustment under this clause shall be at the current contract price until an adjustment modification has been effected. The Government shall pay the Contractor, upon submission of proper invoices or vouchers the unit price stipulated in the contract modification for the applicable option period. The Contractor also represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this clause.

(j) Any pricing actions pursuant to the “CHANGES” clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(k) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more.

(l) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per year of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this clause.

(m) Revision of market price indicator: In the event that (i) any applicable market price indicator is discontinued or its method of derivation is altered substantially; or (ii) the Contracting Officer determines that a particular 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(n) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters addressed by this EPA clause then the matter shall be resolved in accordance with the Disputes clause of the contract.

(o) Authority to add additional traypack items to Polymeric Traypack Ration EPA clause. Paragraph (b) of this clause identifies 23 unique components contained in the polymeric traypack ration. These components are selected based on historical data and may not be included in every polymeric traypack ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due to customer requirements, the Contracting Officer may add additional components to the polymeric traypack ration. The Contracting Officer will show within paragraph (b) the additional components(s).

(p) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(q) In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be calculated to determine the indicator for that period.

(End of Clause)

52.216-9055 Contractor Order Receipt Agents ().

As prescribed in 16.506(91)(g), insert the following clause:

CONTRACTOR ORDER RECEIPT AGENTS (DLA ENERGY) (NOV 2011)

Orders placed hereunder shall be directed to the prime Contractor at the address indicated in block 17a of the standard form (SF) 1449 unless another address is indicated below. All addresses indicated below shall belong to the prime Contractor or agents authorized to receive orders on behalf of the prime Contractor. Orders may be placed at different locations for different line items. If all orders are to be placed with one office, state: "all" in the first column below. The Contractor shall be responsible for seeing that orders are forwarded to any regional or area offices from which product is to be shipped in such time as to accomplish delivery within the permissible delivery lead time set forth under the clause. The prime Contractor will be held responsible for the delivery and performance of any and all of its designated order receipt agents. For this purpose, date of receipt of the order as specified under the clause shall be the date on which the order is received by the office to which it is addressed.

Item Number Contractor Agent's Name and Address

(End of Clause)

52.216-9056 [Reserved.]

52.216-9057 Orders (Canadian Forces Vessels) (DLA Energy).

As prescribed in 16.506(91)(g), insert the following clause:

ORDERS (CANADIAN FORCES VESSELS) (DLA ENERGY) (NOV 2011)

Any order placed under this contract by Canadian Forces Vessels, or civilian vessels operating under Canadian military contract, shall be honored by the Contractor. The order document (Department of Defense (DD) Form 1155) for Canadian Forces (CF) will be issued directly to the cognizant bunkers Contractor by the CF Ordering Officer. The Ordering Officer is responsible for complying with the provisions outlined in the contract as well as the Memorandum of Understanding (MOU), dated 11 August 2003, between and the Department of National Defense of Canada. The responsible Ordering Officer shall ensure that all procedures are followed in order to allow for payment to the Contractor by Defense Finance and Accounting Services – Columbus, pursuant to Annexes A, B, and C of the MOU.

(End of Clause)

52.216-9058 Economic Price Adjustment (EPA) – Established Market Price – Wool Cloth .

As prescribed in Defense Logistics Acquisition Directive (DLAD) 16.203-4-90, Federal Acquisition Regulation (FAR) 16.203-1(a)(1), and DLAD 16.203-1(a)(90), insert the following provision:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – WOOL CLOTH (NOV 2011)

(a) Warranties. For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that the unit prices included in the Schedule do not include allowances for any portion of the contingency covered by this clause. Refer to Defense Logistics Acquisition Directive (DLAD) clause 52.217-9001, Option To Extend The Term Of The Contract – Separate Firm Fixed Price And Fixed Price With Economic Price Adjustment Portions, contained elsewhere in the solicitation.

(b) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price shall be used for adjustment(s) to contract price(s) under this clause. The established market price shall be the average price for [buyer Fill in with grade of wool] Australian Wool, clean delivered price in United States (U.S) Dollars, published during a specified period by the United States Department of Agriculture (USDA), in the "USDA Weekly National Lamb Market Summary (WNLMS)”.

(1) Base unit price. The base unit price for the purpose of calculating the adjustment(s) under this clause shall be the arithmetic average price for Australian wool clean delivered [buyer fill-in] published during the latest four week period immediately preceding the closing date for proposals (if no discussions are held), the due date of final proposal revision (if discussions are held), or the solicitation opening date (if sealed bidding is used.)

(2) Adjusting unit price. The adjusting unit price shall be the arithmetic average price for Australian wool clean delivered [buyer fill in with grade of wool] buyer fill-in grade of wool] published during the four week period immediately preceding the effective date the option term is exercised.

(c) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit prices. One adjustment calculation shall be made annually to determine the unit price applicable to the forthcoming option term (if exercised).

(d) Allowance factor: For the purpose of the price adjustment pursuant to this clause, it shall be conclusively presumed that [Fill in with pounds of Wool/Yard] will be required to produce one linear yard of finished cloth. This allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance. The price adjustment under this EPA clause shall apply only to the cost of wool and shall not apply to any other direct or indirect cost or profit.

(e) Adjustments shall be calculated as follows: (Round to four decimal places).

(1) compute the adjusting unit price and the base unit price.

(2) (Adjusting unit price – base price = market price change (+ or -).

(3) Market price change x allowance factor = contract unit price adjustment, (+/-).

(4) The adjusted unit price(s) for each option period exercised shall be determined by increasing or decreasing (as appropriate) the original option unit price(s) by the contract unit price adjustment. The original option unit prices are those unit prices agreed to at time of award for the option (i.e.; 1, 2, 3, or 4) being adjusted.

The following example is provided:

Example of adjustment calculation

Base unit price calculation

Final proposal revision due date: 24 October 2006

The average mean of the prices for 22 micron, United States Department of Agriculture (USDA) grade 64’s Australian wool, clean delivered price in United States (U.S.) Dollars published during the 4 week period immediately preceding the due date for Final Proposal Revisions will be used to calculate the base unit price for the wool component as follows (i.e.; the four weeks immediately preceding the due date for final proposal revisions covers the 28 day period 26 September 2006 – 23 October 2006):

Base Unit Price Calculation

USDA Weekly National Lamb Market Summary: USDA Grade 64’s (22 Micron) Australian wool clean, delivered price in U.S. dollars

Date | Price in $ (64’s) (22 Micron)
20 October 2006 | 2.6100
13 October 2006 | 2.4900
06 October 2006 | 2.4500
29 September 2006 Total Four Weeks | 2.4900 10.0400
Total /4 = Average mean price | 2.5100

Note: For some four week periods, the USDA may publish fewer than 4 issues of the summary due to events such as Federal Holidays. In all such cases, only those issues published for the relevant four week period will be used in calculations.

Base Award Date: 18 December 2006

Adjusting unit price calculation

Option Number 1 exercised: 12 September 2007

The average mean of the prices for clean delivered 64’s (22 Micron) Australian Wool in US Dollars published during the four week period immediately preceding the effective date of option invocation will be used to calculate the adjusting unit price (11 September 2007 – 15 August 2007):

Date | Price in $ 64’s) (22 Micron)
07 Sep 2007 | 3.6100
31 Aug 2007 | 3.4700
24 Aug 2007 | 3.5800
17 Aug 2007 | 3.6900
Total Four Weeks Total /4 = Average Mean Price | 14.3500 3.5875

1. Calculate the Base and Adjusting Unit Price (U/P): From above, Base U/P = $2.5100

and Adjusting Unit Price = $3.5875 (Round to 4 decimal places)

2. Calculate Market Price Change (+/-): Adjusting U/P – Base U/P = $3.5875 - $2.5100 = $1.0775. (Round to 4 decimal places).

3. Calculate Contract Unit Price Adjustment (+/-): Market Price Change x Allowance Factor

$1.0775/lb x 0.2714 lb/yd = $0.2924/yd

Net Adjustment Per linear yard = $0.29 (Round to nearest cent).

4. Calculate adjusted U/P for Option No 1 (+/-): Original Option No 1 U/P (+/-) contract U/P adjustment. (Option Number 1 original option price = $10.05) $10.05 + $0.29 = $10.34.

Note: The above is a hypothetical example of an upward adjustment in the Option No 1 unit price. The dates used above are not representative of those dates anticipated to be experienced during actual contract performance.

(f) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit prices.

(g) Payments: Payment for an adjustment under this clause shall be at the current contract price until an adjustment modification has been effected. The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the unit price stipulated in the contract modification for the applicable option period. The Contractor also represent by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this clause.

(h) Any pricing actions pursuant to the “CHANGES” clause or other provisions of the contract will be priced as though there were no provision for economic price adjustment.

(i) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more.

(j) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per year of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustment under this clause.

(k) Revision of market price indicator: In the event that (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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions

(l) Disputes: If the parties fail to agree on an appropriate substitute market price indicator, or implementation of other matters addressed by this EPA clause then the matter shall be resolved in accordance with the Disputes clause of the contract.

(m) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(End of Clause)

52.216-9059 Economic Price Adjustment - Meal Cold Weather/Long Range Patrol (MCW/LRP)

As prescribed at Federal Acquisition Regulation (FAR)16.203(a)(1), and Defense Logistics Acquisition Directive (DLAD) 16.203-1(a)(90) and 16.203-4-90, insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - MEAL COLD WEATHER/LONG RANGE PATROL (MCW/LRP) (NOV 2011)

(a) Warranties: For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that the unit prices included in the Schedule does not include allowances for any portion of the contingency covered by this clause. Refer to clause Defense Logistics Acquisition Directive (DLAD) clause 52.217-9001, Option To Extend The Term Of The Contract - Separate Firm Fixed Price And Fixed Price With Economic Price Adjustment Portions, contained elsewhere in this solicitation.

(b) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.g. an average of beef indices for beef products, an average of poultry indices for poultry products, etc.) for the period specified under the “Base Unit Price” below immediately preceding either the solicitation closing date for proposals (if no discussions are held), the due date for final proposal revisions (if discussions are held) or the solicitation opening date (if sealed bidding is used).

ITEM | MENU | EPA FACTOR/ COMPONENT | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE
Chicken | #1 | Spicy Oriental Chicken w/ Rice | Breasts, B/S, Georgia, FOB Dock, Wtd. Avg. Price | USDA / USDA Broiler Market News Report / 3 X Per Wk | 52 Week period | 52 Week period
| #5 | Chicken & Rice | Breasts, B/S, Georgia, FOB Dock, Wtd. Avg. Price | USDA / USDA Broiler Market News Report / 3 X Per Wk | 52 Week period | 52 Week period
| #9 | Rice and Chicken, Mexican | Breasts, B/S, Georgia, FOB Dock, Wtd. Avg. Price | USDA / USDA Broiler Market News Report / 3 X Per Wk | 52 Week period | 52 Week period
| #3 | Soup, Noodle, Ramen, Instant, Fried Noodle, Cup | Flour, hard winter Kansas City cwt | WSJ / WSJ Commodity Cash Prices / Daily | 52 Week period | 52 Week period
Beef | #2 | Beef Stroganoff w/ Noodles | IMPS 167A Round, Knuckle, Trimmed, Wtd, Avg. (BPN U-12) | USDA / Weekly Nation Carlot Meat Report / Weekly | 52 Week period | 52 Week period
| #3 | Chili Macaroni | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly Nation Carlot Meat Report / Weekly | 52 Week period | 52 Week period
| #7 | Beef Stew | IMPS 167A Round, Knuckle, Trimmed, Wtd, Avg. (BPN U-12) | USDA / Weekly Nation Carlot Meat Report / Weekly | 52 Week period | 52 Week period
| #8 | Spaghetti w/ Meat Sauce | Flour, hard winter Kansas City cwt | WSJ / WSJ Commodity Cash Prices / Daily | 52 Week period | 52 Week period
| #3 | Soup, Noodle, Ramen, Instant, Fried Noodle, Cup | Flour, hard winter Kansas City cwt | WSJ / WSJ Commodity Cash Prices / Daily | 52 Week period | 52 Week period
Pork | #10 | Scrambled Eggs w/ cheese, Western style (type III- Ham dices) | National Liquid, Whole, Wtd. Avg | USDA / USDA Egg Market News / 2 X Per Wk | 52 Week period | 52 Week period
| #11 | Scrambled Eggs w/ Bacon (type II-Bacon pieces) | National Liquid, Whole, Wtd. Avg | USDA / USDA Egg Market News / 2 X Per Wk | 52 Week period | 52 Week period
| #12 | Scrambled Eggs w/ cheese, Western style (type III- Ham dices) | National Liquid, Whole, Wtd. Avg | USDA / USDA Egg Market News / 2 X Per Wk | 52 Week period | 52 Week period
Turkey | #4 | Turkey Tetrazzini | Turkey Breasts, B/S, Tom | USDA / USDA Turkey Market News Report / 3 X Per Wk | 52 Week period | 52 Week period
Eggs | #10 | Scrambled Eggs w/ cheese, Western style | National Liquid, Whole, Wtd. Avg | USDA / USDA Egg Market News / 2 X Per Wk | 52 Week period | 52 Week period
| #11 | Scrambled Eggs w/ Bacon | National Liquid, Whole, Wtd. Avg | USDA / USDA Egg Market News / 2 X Per Wk | 52 Week period | 52 Week period
| #12 | Scrambled Eggs w/ cheese, Western style | National Liquid, Whole, Wtd. Avg | USDA / USDA Egg Market News / 2 X Per Wk | 52 Week period | 52 Week period
Cheese | #3 | Cheese spread | Cheese Average Price Per Pound (Class III) | USDA / Federal Milk Order Price Announcements / Monthly | 12 Month period | 12 Month period
| #4 | Cheese spread | Cheese Average Price Per Pound (Class III) | USDA / USDA Federal Milk Order Price Announcements / Monthly | 12 Months period | 12 Month period
| #10 | Scrambled Eggs w/ cheese, Western style | National Liquid, Whole, Wtd. Avg | USDA / USDA Egg Market News / 2 X Per Wk | 52 Week period | 52 Week period
| #12 | Scrambled Eggs w/ cheese, Western style | National Liquid, Whole, Wtd. Avg | USDA / USDA Egg Market News / 2 X Per Wk | 52 Week period | 52 Week period
Non-Fat Dry Milk Powder | #1 & #12 | Dairyshake | Base Skim Milk Price for Class I time 0.965 plus Advanced Butterfat Pricing Factor times 3.5 | USDA / USDA, AMS, Dairy Programs / Monthly | 12 Month period | 12 Month period
| #10 | Cocoa beverage powder | Cocoa, Ivory Coast, $ per metric ton | WSJ / WSJ Commodity Cash Prices / Daily | 52 Week period | 52 Week period
| #11 | Cocoa beverage powder | Cocoa, Ivory Coast, $ per metric ton | WSJ / WSJ Commodity Cash Prices / Daily | 52 Week period | 52 Week period
| #2 | Chocolate Sports Bar | Cocoa, Ivory Coast, $ per metric ton | WSJ / WSJ Commodity Cash Prices / Daily | 52 Week period | 52 Week period
| All Accessory Packets | Non-Dairy Creamer | Soybean oil, crude; Central Illinois lb. | WSJ / WSJ Commodity Cash Prices / Daily | 52 Week period | 52 Week period
Peanut Butter / Peanuts | #3 | Chocolate Peanut Pan Coated Disks | Virginia Peanuts Average Price per pound | USDA / National Agriculture Statistical Studies (NASS) Peanut Prices / Weekly | 52 Week period | 52 Week period
| #2 & #6 | Nut & Fruit Mix | Virginia Peanuts Average Price per pound | USDA / National Agriculture Statistical Studies (NASS) Peanut Prices / Weekly | 52 Week period | 52 Week period
| #8 | Chocolate Peanut Spread | Virginia Peanuts Average Price per pound | USDA / National Agriculture Statistical Studies (NASS) Peanut Prices / Weekly | 52 Week period | 52 Week period
Packaging Materials |  | Linerboard | Linerboard (42-lb) Unbleached Kraft, East, Sh. Ton, Semi-Annual | Miller Freeman, Inc. / Pulp & Paper Week / Weekly/Prices are Published Monthly | Semi-annual | Semi-annual
Packaging Materials |  | Resins | LDPE Resins, Large Buyer Price Film Liner Grade | Chemical Data / Monthly Petrochemical & Plastic Analysis / Monthly | 12 month period | 12 month period

In addition to the components shown above, the following are also included

ITEM | MENU | EPA FACTOR/ COMPONENT | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE

(To be completed as required)

(c) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Adjusting Unit Price” column shown in paragraph (b) immediately preceding the effective date the option term is exercised.

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments under this clause, and the economic indicators and publications to be used are listed in paragraph (b) of this clause.

(1) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Base Unit Price” column in paragraph (b) immediately preceding (i) the closing date for proposals, if no discussions are held, (ii) the due date for final proposal revisions, if discussions are held, or (iii) the opening date, if sealed bidding is used.

(2) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator for the period specified under the Adjusting Unit Price column in paragraph (b) immediately preceding the effective date the option term is exercised, except for linerboard which shall require one additional adjustment six months after each option term is exercised.

(e) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming option term (if exercised), except linerboard which will be adjusted on a semi-annual basis.

(f) EPA allowance factor: For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material costs such as chicken, beef, turkey, eggs, cheese, dry milk powder, and peanuts are subject to the EPA, because there is serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and Administrative (G&A), transportation, and profit are those contingencies that can be included in the contract price and can be identified and covered separately through firm fixed prices. The EPA allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

(g) Performance requirement: The United States Army Research, Development and Engineering Command (RDECOM) Natick Soldier Center (NSC) who prepares the specifications has moved from Military Specifications to Performance Requirements. The Government no longer states the specific amount of product (meat, flour, cheese, eggs, etc.) that goes into a Meal Cold Weather/Long Range Patrol (MCW/LRP), only an overall amount with a protein and carbohydrate requirement. Meeting the protein requirement indicates that the Contractor has put in sufficient (meat) quantities in the MCW/LRP to satisfy the requirement. (Different Contractors will put in differing quantities of chicken, beef, turkey, eggs, cheese, etc. to meet the protein performance requirements). This is why specific weights or quantities cannot be specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to adjustment will be entered by the Contractor in Section B. The Government performs oversight to ensure that the performance requirements are met or exceeded.

(h) Adjustments shall be calculated as follows: (Round to four decimal places)

(1) Compute the Adjusting Unit Price and the Base Unit Price.

(2) (Adjusting Unit Price – Base Unit Price)/Base Unit Price = Market Price Change (+ or -).

(3) Market Price Change X Allowance Factor = Contract Unit Price Adjustment (+ or -) for each item subject to EPA adjustment.

(4) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the EPA (Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period being adjusted.

(5) Determine the Contract Price Adjustment by computing the sum total of the price adjustment of all items subject to EPA.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit price.

(j) Payments: Payment for items pending adjustment under this clause shall be at the existing unadjusted current unit price until an adjustment modification has been issued. Following issuance of an adjusting contract modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the adjusted price stated in the contract modification for the applicable option period. The Contractor represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this clause.

(k) Any pricing actions pursuant to the “Changes” clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(l) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more.

(m) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per annum of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this clause.

(n) 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 a particular market price indicator consistently and substantially no longer reflects 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(o) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters addressed by this EPA clause then the matter shall be resolved in accordance with the Disputes clause of the contract.

(p) Authority to add additional items to this clause: Paragraph (b) of this clause identifies 30 unique components contained in the MCW/LRP. These components are selected based on historical data and may not be included in every ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due to customer requirements, the Contracting Officer may add additional components to the ration. The Contracting Officer will show within paragraph (b) the additional components(s).

(q) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(r) In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be calculated to determine the indicator for that period.

(End of Clause)

52.216-9060 Economic Price Adjustment - Meal Ready To Eat (MRE) Assembly.

As prescribed at Federal Acquisition Regulation 16.203(a)(1), and Defense Logistics Acquisition Directive (DLAD) 16.203-1(a)(90) and 16.203-4-90 insert the following clause.

ECONOMIC PRICE ADJUSTMENT (EPA) – MEAL READY TO EAT (MRE) ASSEMBLY

(NOV 2011)

(a) WARRANTIES: For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that the unit prices included in the Schedule do not include allowances for any portion of the contingency covered by this clause. Refer to Defense Logistics Acquisition Directive (DLAD) clause 52.217-9001, Option To Extend The Term Of The Contract - Separate Firm Fixed Price And Fixed Price With Economic Price Adjustment Portions, contained elsewhere in this solicitation.

(b) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.g. an average of beef indices for beef products, an average of poultry indices for poultry products, etc.) for the period specified under the “Base Unit Price” below immediately preceding either the solicitation closing date for proposals (if no discussions are held), the due date for final proposal revisions (if discussions are held) or the solicitation opening date (if sealed bidding is used).

ITEM | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE
Beef Brisket | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Beef Patty | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Beef Ravioli | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Beef Stew | IMPS 167A Round, Knuckle, Trimmed, Wtd. Avg. (BPN U-12) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Southwest Beef and Black Beans | IMPS 167A Round, Knuckle, Trimmed, Wtd. Avg. (BPN U-12) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Cheese Tortellini | National Liquid, Whole, Wtd. Avg. | USDA / Egg Market News Report / Weekly | 52-week period | 52-week period
Chicken with Dumplings | Heavy Type Hens, S.E. Heavy Live Hen Report, At Farm Buyer Loading, Wtd. Avg. | USDA / Broiler Market New Report (Monday Edition) / Weekly | 52-week period | 52-week period
Chicken Fajita | Breasts, B/S, Georgia FOB Dock, Wtd. Avg. Price | USDA / Broiler Market New Report (Monday Edition) / Weekly | 52-week period | 52-week period
Chicken with Noodles | Heavy Type Hens, S.E. Heavy Live Hen Report, At Farm Buyer Loading, Wtd. Avg. | USDA / Broiler Market New Report (Monday Edition) / Weekly | 52-week period | 52-week period
Chicken Pesto and Pasta | Breasts, B/S,Georgia FOB Dock, Wtd. Avg. Price | USDA / Broiler Market New Report (Monday Edition) / Weekly | 52-week period | 52-week period
Chicken with Tomato/Feta | Breasts, B/S, Georgia FOB Dock, Wtd. Avg. Price | USDA / Broiler Market New Report (Monday Edition) / Weekly | 52-week period | 52-week period
Buffalo Chicken | Breasts, B/S, Georgia FOB Dock, Wtd. Avg. Price | USDA / Broiler Market New Report (Monday Edition) / Weekly | 52-week period | 52-week period
Chili with Beans | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Chili and Macaroni | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Meatballs/ Marinara | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Penne w/ Vegetable Sausage | Loins, Bone-In, Fresh, 1/4"Trim 13-19#, C4, Wtd. Avg.(BPN U-40) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Pork Sausage w/ Gravy | Loins, Bone-In, Fresh, 1/4"Trim 13-19#, C4, Wtd. Avg.(BPN U-40) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Boneless Pork Rib | Loins, Bone-In, Fresh, 1/4"Trim 13-19#, C4, Wtd.Avg.(BPN U-40) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Pot Roast w/ Vegetables | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Sloppy Joe | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Spaghetti w/ Meat Sauce | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Beef Snacks | IMPS 171B Round, Outside Round, Wtd. Avg.(BPN U-31) | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52-week period
Packaging Materials | Linerboard (42-lb) Unbleached kraft, East, Sh. Ton | Miller Freeman, Inc. / Pulp & Paper Week / Weekly but Prices are Published Monthly | Semi-annual | Semi-annual
Packaging Materials | LDPE Resins, Large Buyer Price Film Liner Grade | Chemical Data / Monthly Petrochemical & Plastic Analysis / Monthly | 12 month period | 12 month period

In addition to the components shown above, the following are also included:

ITEM | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE

(To be completed as required)

(c) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Adjusting Unit Price” column shown in paragraph (b) immediately preceding the effective date the option term is exercised.

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the MRE items subject to price adjustments under this clause, and the economic indicators and publications to be used are listed in paragraph (b) of this clause.

(1) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Base Unit Price” column in paragraph (b) immediately preceding (i) the closing date for proposals, if no discussions are held, (ii) the due date for final proposal revisions, if discussions are held, or (iii) the opening date, if sealed bidding is used.

(2) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator for the period specified under the “Adjusting Unit Price” column in paragraph (b) immediately preceding the effective date the option term is exercised, except for linerboard which shall require one additional adjustment six months after each option term is exercised.

(e) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming option term (if exercised), except linerboard which will be adjusted on a semi-annual basis.

(f) EPA allowance factor: For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material costs such as beef, chicken, and pork are subject to the EPA, because there is serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and Administrative (G&A), transportation, and profit are those contingencies that can be included in the contract price and can be identified and covered separately through firm fixed prices. The EPA allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

(g) Performance requirements: The United States Army Research, Development and Engineering Command (RDECOM) Natick Soldier Center (NSC) who prepares the specifications has moved from Military Specifications to Performance Requirements. The Government no longer states the specific amount of product (meat, potatoes, gravy, etc.) that goes into a MRE, only an overall amount with a protein and carbohydrate requirement. Meeting the protein requirement indicates that the Contractor has put in sufficient (meat) quantities in the MRE to satisfy the requirement. (Different Contractors will put in differing quantities of beef, pork, chicken breast, etc. to meet the protein performance requirements). This is why specific weights or quantities cannot be specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to adjustment will be entered by the Contractor in Section B. The Government performs oversight to ensure that the performance requirements are met or exceeded.

(h) Adjustments shall be calculated as follows: (Round to four decimal places)

(1) Compute the Adjusting Unit Price and the Base Unit Price.

(2) (Adjusting Unit Price – Base Unit Price)/Base Unit Price = Market Price Change (+ or -).

(3) Market Price Change X Allowance Factor = Contract Unit Price Adjustment (+ or -) for each item subject to EPA adjustment.

(4) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the EPA (Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period being adjusted.

(5) Determine the Contract Price Adjustment by computing the sum total of the price adjustment of all items subject to EPA.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit price.

(j) Payments: Payment for items pending adjustment under this clause shall be at the existing unadjusted contract unit price until an adjustment modification has been issued. Following issuance of an adjusting contract modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the adjusted price stated in the contract modification for the applicable option period. The Contractor represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this clause.

(k) Any pricing actions pursuant to the “CHANGES” clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(l) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more.

(m) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per annum of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this clause.

(n) 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 a particular market price indicator consistently and substantially no longer reflects 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(o) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters addressed by this EPA clause then the matter shall be resolved in accordance with the Disputes clause of the contract.

(p) Authority to add additional items to this clause: Paragraph (b) of this clause identifies 24 unique components contained in the MRE Assembly. These components are selected based on historical data and may not be included in every assembly. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due to customer requirements, the Contracting Officer may add additional components to the assembly. The Contracting Officer will show within paragraph (b) the additional components(s).

(q) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(r) In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be calculated to determine the indicator for that period.

(End of Clause)

52.216-9061 Economic Price Adjustment – Table Spreads).

As prescribed at Federal Acquisition Regulation (FAR) 16.203-1(a)(1), Defense Logistics Acquisition Directive (DLAD) 16.203-1(a)(90) and 16.203-4-90 insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) – TABLE SPREADS (NOV 2011)

(a) Warranties: For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that the unit prices included in the Schedule do not include allowances for any portion of the contingency covered by this clause. Refer to clause Defense Logistics Acquisition Directive (DLAD) clause 52.217-9001, Option To Extend The Term Of The Contract - Separate Firm Fixed Price And Fixed Price With Economic Price Adjustment Portions, contained elsewhere in this solicitation.

(b) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.g. an average of cheese and butter indices for cheese products, and an average of peanut indices for peanut products) for the period specified under the “Base Unit Price” below immediately preceding either the solicitation closing date for proposals (if no discussions are held), the due date for final proposal revisions (if discussions are held) or the solicitation opening date (if sealed bidding is used).

ITEM | EPA FACTOR/ COMPONENT | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE
Plain Cheese Spread | Cheese & Butter | Cheese Barrels - 40# Blocks & Grade AA Butter | Chicago Mercantile Exchange Cash Trading / USDA Dairy Market News / Weekly | 52 week period | 52 week period
Jalapeno Cheese Spread | Cheese & Butter | Cheese Barrels - 40# Blocks & Grade AA Butter | Chicago Mercantile Exchange Cash Trading / USDA Dairy Market News / Weekly | 52 week period | 52 week period
Bacon Cheese Spread | Cheese & Butter | Cheese Barrels - 40# Blocks & Grade AA Butter | Chicago Mercantile Exchange Cash Trading / USDA Dairy Market News / Weekly | 52 week period | 52 week period
Plain Peanut Butter | Peanut Butter | PPI Table # WPU01830111 For Peanut Butter & Roasted Peanuts | Bureau Of Labor Statistics – Producer Price Index (PPI) / Monthly | 12 month period | 12 month period
Chocolate Peanut Butter | Peanut Butter | PPI Table # WPU01830111 For Peanut Butter & Roasted Peanuts | Bureau Of Labor Statistics / Producer Price Index (PPI) / Monthly | 12 month period | 12 month period
Chunky Peanut Butter | Peanut Butter | PPI Table # WPU01830111 For Peanut Butter & Roasted Peanuts | Bureau Of Labor Statistics / Producer Price Index (PPI) / Monthly | 12 month period | 12 month period

In addition to the components shown above, the following are also included:

ITEM | EPA FACTOR/ COMPONENT | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE

(To be completed as required)

(c) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Adjusting Unit Price” column shown in paragraph (b) immediately preceding the effective date the option term is exercised.

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments under this clause, and the economic indicators and publications to be used are listed in paragraph (b) of this clause.

(1) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Base Unit Price” column in paragraph (b) immediately preceding (i) the closing date for proposals, if no discussions are held, (ii) the due date for final proposal revisions, if discussions are held, or (iii) the opening date, if sealed bidding is used.

(2) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator for the period specified under the “Adjusting Unit Price” column in paragraph (b) immediately preceding the effective date the option term is exercised.

(e) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming option term (if exercised).

(f) EPA allowance factor: For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material costs such as cheese, butter, and peanuts, are subject to the EPA, because there is serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and Administrative (G&A), transportation, and profit are those contingencies that can be included in the contract price and can be identified and covered separately through firm fixed prices. The EPA allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

(g) Performance requirements: The United States Army Research, Development and Engineering Command (RDECOM) Natick Soldier Center (NSC) who prepares the specifications has moved from Military Specifications to Performance Requirements. The Government no longer states the specific amount of product (cheese, butter, peanuts, etc.) that goes into a table spread, only an overall amount with a protein and carbohydrate requirement. (Different Contractors will put in differing quantities of cheese, butter, peanuts, etc. to meet the performance requirements). This is why specific weights or quantities cannot be specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to adjustment will be entered by the Contractor in Section B. The Government performs oversight to ensure that the performance requirements are met or exceeded.

(h) Adjustments shall be calculated as follows: (Round to four decimal places)

(1) Compute the Adjusting Unit Price and the Base Unit Price.

(2) (Adjusting Unit Price – Base Unit Price)/Base Unit Price = Market Price Change (+ or -).

(3) Market Price Change X Allowance Factor = Contract Unit Price Adjustment (+ or -) for each item subject to EPA adjustment.

(4) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the EPA (Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period being adjusted.

(5) Determine the Contract Price Adjustment by computing the sum total of the price adjustments of all items subject to EPA.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit price.

(j) Payments: Payment for items pending adjustment under this clause shall be at the existing unadjusted contract unit price until an adjustment modification has been issued. Following issuance of an adjusting contract modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the adjusted price stated in the contract modification for the applicable option period. The Contractor represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this clause.

(k) Any pricing actions pursuant to the “CHANGES” clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(l) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more.

(m) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per annum of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this clause.

(n) 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 a particular market price indicator consistently and substantially no longer reflects 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(o) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters addressed by this EPA clause then the matter shall be resolved in accordance with the Disputes clause of the contract.

(p) Authority to add additional items to this clause: Paragraph (b) of this clause identifies 6 unique components contained in the ration. These components are selected based on historical data and may not be included in every ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due to customer requirements, the Contracting Officer may add additional components to the ration. The Contracting Officer will show within paragraph (b) the additional components(s).

(q) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(r) In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be calculated to determine the indicator for that period.

(End of Clause)

52.216-9062 Economic Price Adjustment - unitized group ration.

As prescribed at FAR 16.203-1(a)(1), Defense Logistics Acquisition Directive (DLAD) 16.203-1-(a)(90) and 16.203-4-90, insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) – UNITIZED GROUP RATION (UGR) (NOV 2011)

(a) Warranties: For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that the unit prices included in the Schedule does not include allowances for any portion of the contingency covered by this clause. Refer to Defense Logistics Acquisition Directive (DLAD) clause 52.217-9001, Option To Extend The Term Of The Contract - Separate Firm Fixed Price And Fixed Price With Economic Price Adjustment Portions, contained elsewhere in this solicitation.

(b) Base unit price: The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.g. an average of egg indices for egg products, pork belly indices for pork products, and skim milk and butterfat indices for milk products) only for the period specified under the “BASE Unit Price” column in paragraph (b) immediately preceding (i) the closing date for proposals, (if no discussions are held), (ii) the due date for final proposal revisions, (if discussions are held), or (iii) the opening date, (if sealed bidding is used).

ITEM | EPA FACTOR/ COMPONENT | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE
Boil-In-Bag Dehy Egg Mix | Egg | National Liquid Egg, Whole, Weighted Average | USDA / Egg Market News Report / Weekly | 52 week period | 52 week period
Bacon, precooked, sliced, cured | Pork Belly | Pork Belly, Seedless, Fresh, Skin on , Trimmed 14-16#, Weighted, C9 | USDA / Weekly National Carlot Meat Report / Weekly | 52-week period | 52 week period
UHT Milk | Skim Milk and Butterfat Fluid Milk products (Class I Milk) | Base Skim Milk Price for Class I time 0.965 plus Advanced Butterfat Pricing Factor times 0.035 | USDA / USDA, AMS, Dairy Programs / Announcement of Advanced Prices and Pricing Factors / Monthly | 12 month period | 12 month period

In addition to the components shown above, the following are also included:

ITEM | EPA FACTOR/ COMPONENT | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE

(To be completed as required)

(c) Adjusting unit price: The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Adjusting Unit Price” column shown in paragraph (b) immediately preceding the effective date the option term is exercised.

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments under this clause, and the economic indicators and publications to be used are listed in paragraph (b) of this clause.

(e) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming option term (if exercised).

(f) EPA allowance factor: For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material costs such as egg, pork belly, skim milk, and buttermilk, are subject to the EPA, because there is serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and Administrative (G&A), transportation, and profit are those contingencies that can be included in the contract price and can be identified and covered separately through firm fixed prices. The EPA allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

(g) Performance requirement: The United States Army Research, Development and Engineering Command (RDECOM) Natick Soldier Center (NSC) who prepares the specifications has moved from Military Specifications to Performance Requirements. The Government no longer states the specific amount of product (egg, pork belly, skim milk, buttermilk etc.) (a unitized group ration item) that goes into a Unitized Group Ration, only an overall amount with a protein and carbohydrate requirement. Meeting the protein and carbohydrate requirement indicates that the Contractor has put in sufficient quantities of required ingredients in the Unitized Group Ration to satisfy the requirement. (Different Contractors will put in differing quantities of egg, pork belly, skim milk, buttermilk etc. to meet the protein and carbohydrate performance requirements). This is why specific weights or quantities cannot be specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to adjustment will be entered by the Contractor in Section B. The Government performs oversight to ensure that the performance requirements are met or exceeded.

(h) Adjustments shall be calculated as follows: (Round to four decimal places)

(1) Compute the Adjusting Unit Price and the Base Unit Price.

(2) (Adjusting Unit Price – Base Unit Price)/Base Unit Price = Market Price Change (+ or -).

(3) Market Price Change X Allowance Factor = Contract Unit Price Adjustment (+ or -) for each item subject to EPA adjustment.

(4) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the EPA (Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period being adjusted.

(5) Determine the Contract Price Adjustment by computing the sum total of the price Adjustment of all items subject to EPA.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit price.

(j) PAYMENTS: Payment for items pending adjustment under this clause shall be at the existing unadjusted current unit price until an adjustment modification has been issued. Following issuance of an adjusting contract modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the adjusted price stated in the contract modification for the applicable option period. The Contractor represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this clause.

(k) Any pricing actions pursuant to the “CHANGES” clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(l) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more.

(m) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per annum of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this clause.

(n) 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 a particular market price indicator consistently and substantially no longer reflects 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(o) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters addressed by this EPA clause then the matter shall be resolved in accordance with the Disputes clause of the contract.

(p) Authority to add additional items to this clause: Paragraph (b) of this clause identifies 3 unique components contained in the ration. These components are selected based on historical data and may not be included in every ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due to customer requirements, the Contracting Officer may add additional components to the ration. The Contracting Officer will show within paragraph (b) the additional components(s).

(q) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(r) In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be calculated to determine the indicator for that period.

(End of Clause)

52.216-9063 Economic Price Adjustment (EPA) Tailored Operational Training Meal (TOTM).

As prescribed at Federal Acquisition Regulation (FAR) 16.203-1(a)(1), Defense Logistics Acquisition Directive (DLAD) 16.203-1(a)(90) and 16.203-4-90 insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) – TAILORED OPERATIONAL TRAINING MEAL (TOTM) (NOV 2011)

(a) Warranties: For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that the unit prices included in the Schedule do not include allowances for any portion of the contingency covered by this clause. Refer to Defense Logistics Acquisition Directive (DLAD) clause 52.217-9001, Option To Extend The Term Of The Contract - Separate Firm Fixed Price And Fixed Price With Economic Price Adjustment Portions, contained elsewhere in this solicitation.

(b) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only (e.g. an average of beef indices for beef products, an average of poultry indices for poultry products, etc.) for the period specified under the “Base Unit Price” below immediately preceding either the solicitation closing date for proposals (if no discussions are held), the due date for final proposal revisions (if discussions are held) or the solicitation opening date (if sealed bidding is used).

ITEM | EPA FACTOR/ COMPONENT | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE
Beef Enchiladas | Beef | IMPS 167A Round Knuckle, Trimmed, Wtd. Avg. (BPN U-12) | USDA / Weekly National Carlot Meat Report / Weekly | 52 week period | 52 week period
Beef Ravioli | Beef | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52 week period | 52 week period
Beef Stew | Beef | IMPS 167A Round Knuckle, Trimmed, Wtd. Avg. (BPN U-12) | USDA / Weekly National Carlot Meat Report / Weekly | 52 week period | 52 week period
Boneless Pork Rib | Pork | Loins, Bone-In, Fresh, ¼” Trim 13-19#, C4, Wtd. Avg. (BPN U-40) | USDA / Weekly National Carlot Meat Report / Weekly | 52 week period | 52 week period
Chicken Fajita | Chicken | Breasts, B/S, Georgia F.O.B. Dock, Wtd. Avg. Price | USDA / USDA Broiler Market News Report / Weekly | 52 week period | 52 week period
Chicken /Dumpling | Chicken | Breasts, B/S, Georgia F.O.B. Dock, Wtd. Avg. Price | USDA / USDA Broiler Market News Report / Weekly | 52 week period | 52 week period
Chicken w/Noodles | Chicken | Heavy Type Hens, S.E. Heavy Live Hen Report, At Farm Buyer Loading, Wtd. Avg. | USDA / USDA Broiler Market News Report / Weekly | 52 week period | 52 week period
Chicken w/Salsa | Chicken | Breasts, B/S, Georgia F.O.B. Dock, Wtd. Avg. Price | USDA / USDA Broiler Market News Report / Weekly | 52 week period | 52 week period
Chili & Macaroni | Beef | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52 week period | 52 week period
Chili w/Beans | Beef | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52 week period | 52 week period
Sloppy Joe Filling | Beef | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52 week period | 52 week period
Spaghetti w/Meat Sauce | Beef | Boneless Processing Beef/Beef Trimmings, FOB National, Wtd. Avg. 85% fr (BPN U-24) | USDA / Weekly National Carlot Meat Report / Weekly | 52 week period | 52 week period
Packaging Materials | Linerboard | Linerboard (42-lb) Unbleached Kraft, East, Sh. Ton, Semi-Annual | Miller Freeman, Inc. / Pulp & Paper Week / Weekly/Prices are Published Monthly | Semi-annual | Semi-annual
Packaging Materials | Resins | LDPE Resins, Large Buyer Price Film Liner Grade | Chemical Data / Monthly Petrochemical & Plastic Analysis / Monthly | 12 month period | 12 month period

In addition to the components shown above, the following are also included:

ITEM | EPA FACTOR/ COMPONENT | ECONOMIC INDICATOR | PUBLISHER / PUBLICATION / FREQUENCY PUBLISHED | BASE UNIT PRICE | ADJ. UNIT PRICE

(To be completed as required)

(c) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Adjusting Unit Price” column shown in paragraph (b) immediately preceding the effective date the option term is exercised.

(d) An established market price is a price that is established in the course of ordinary and usual trade between buyers and sellers free to bargain and that can be substantiated by data from sources independent of the offeror(s); and the net price after applying any standard trade discounts offered by the Contractor. The established market price under this clause may reflect industry-wide and/or geographically based market price fluctuations for commodity groups or specific supplies. The established market price that shall be used for the EPA factors subject to price adjustments under this clause, and the economic indicators and publications to be used are listed in paragraph (b) of this clause.

(1) The base unit prices for the purpose of the adjustment calculations under this clause shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator only for the period specified under the “Base Unit Price” column in paragraph (b) immediately preceding (i) the closing date for proposals, if no discussions are held, (ii) the due date for final proposal revisions, if discussions are held, or (iii) the opening date, if sealed bidding is used.

(2) The adjusting unit prices shall be the arithmetic average of the weekly or monthly prices of each applicable economic indicator for the period specified under the Adjusting Unit Price column in paragraph (b) immediately preceding the effective date the option term is exercised, except for linerboard which shall require one additional adjustment six months after each option term is exercised.

(e) With respect to increases or decreases under this clause, no adjustment shall be made to the base term contract unit prices. One adjustment calculation shall be made annually to determine the unit prices applicable to the forthcoming option term (if exercised), except linerboard which will be adjusted on a semi-annual basis.

(f) EPA allowance factor: For the purpose of price adjustment pursuant to this clause, it shall be conclusively presumed that the amount shown under “Portion Subject to EPA” represents the cost of each item that is subject to adjustment. The portion subject to EPA refers to the element of cost for each item that is outside the control of the vendor and in “Schedule B” the offerors will be required to fill in this amount. This is the only portion of the cost that will be subject to the EPA provision. The EPA provisions based on changes in market prices for product material costs such as beef, pork, chicken, and linerboard are subject to the EPA, because there is serious doubt concerning the stability of market conditions. The balance of product costs for items such as labor, overhead, General and Administrative (G&A), transportation, and profit are those contingencies that can be included in the contract price and can be identified and covered separately through firm fixed prices. The EPA allowance factor remains fixed throughout the life of the contract unless a Government authorized change is made to the contract which affects this allowance.

(g) Performance requirements: The United States Army Research, Development and Engineering Command (RDECOM) Natick Soldier Center (NSC) who prepares the specifications has moved from Military Specifications to Performance Requirements. The Government no longer states the specific amount of product (meat, potatoes, gravy, etc.) that goes into a Tailored Operational Training Meal (TOTM), only an overall amount with a protein and carbohydrate requirement. Meeting the protein requirement indicates that the Contractor has put in sufficient (meat) quantities in the TOTM to satisfy the requirement. (Different Contractors will put in differing quantities of beef, pork, chicken breast, etc. to meet the protein performance requirements). This is why specific weights or quantities cannot be specified in advance in this EPA as would be used in a Military Specification and the cost for the items subject to adjustment will be entered by the Contractor in Section B. The Government performs oversight to ensure that the performance requirements are met or exceeded.

(h) Adjustments shall be calculated as follows: (Round to four decimal places)

(1) Compute the Adjusting Unit Price and the Base Unit Price.

(2) (Adjusting Unit Price – Base Unit Price)/Base Unit Price = Market Price Change (+ or -).

(3) Market Price Change X Allowance Factor = Contract Unit Price Adjustment (+ or -) for each item subject to EPA adjustment.

(4) The original option unit price(s) for each option will be the sum of the firm fixed price portion and the portion subject to the EPA (Allowance Factor). The adjusted unit price(s) for each option shall be determined by increasing or decreasing (as appropriate) the Allowance Factor by the Contract Unit Price Adjustment and adding that to the firm fixed price portion agreed to at the time of award for the option period being adjusted.

(5) Determine the Contract Price Adjustment by computing the sum total of the price adjustment of all items subject to EPA.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit price.

(j) Payments: Payment for items pending adjustment under this clause shall be at the existing unadjusted contract unit price until an adjustment modification has been issued. Following issuance of an adjusting contract modification, the Government shall pay the Contractor, upon submission of proper invoices or vouchers, the adjusted price stated in the contract modification for the applicable option period. The Contractor represents by submitting its final invoice that the total amount billed under this contract reflects all increases or decreases required or authorized by this clause.

(k) Any pricing actions pursuant to the “CHANGES” clause or other provisions of the contract will be priced as though there were no provisions for economic price adjustment.

(l) No adjustment will be made under this clause unless the total change in the contract amount is $500.00 or more.

(m) Upward ceiling on economic price adjustment: The total increase in any contract unit price shall not exceed 10% per annum of the original option unit prices agreed to at time of award. There is no percentage limit on downward adjustments under this clause.

(n) 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 a particular market price indicator consistently and substantially no longer reflects 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(o) Disputes: If the parties fail to agree on an appropriate substitute market price indicator or implementation of other matters addressed by this EPA clause then the matter shall be resolved in accordance with the Disputes clause of the contract.

(p) Authority to add additional items to this clause: Paragraph (b) of this clause identifies 14 unique components contained in the ration. These components are selected based on historical data and may not be included in every ration. Refer elsewhere in the solicitation/contract for listing of the exact component makeup. Due to customer requirements, the Contracting Officer may add additional components to the ration. The Contracting Officer will show within paragraph (b) the additional components(s).

(q) Examination of records: The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of the clause.

(r) In the event any applicable market price indicator is not published for any week(s), that week will not be included in calculating the base unit price or the adjusting unit price as applicable. For instance, if within a 52 week period an indicator is not published 4 times, the average of the 48 published prices only will be calculated. When a range of prices is provided, for the purposes of the calculations the arithmetic average of the high and low number will be calculated to determine the indicator for that period.

(End of Clause)

52.216-9064 Economic Price Adjustment (EPA) – Actual Material Costs for Subsistence Delivered Price Business Model.

As prescribed in 16.203-4(d)(2)(95), insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) – ACTUAL MATERIAL COSTS FOR DLA TROOP SUPPORT - SUBSISTENCE DELIVERED PRICE BUSINESS MODEL (NOV 2011)

(a) Warranties. For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that—

(1) Contract unit prices covered by this contract do not include allowances for any portion of the contingency covered by this clause; and

(2) All price adjustments 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 price per unit charged to DLA Troop Support for a product delivered to DLA Troop Support’s customers. The Contract Unit Price consists of two components: Delivered Price and Distribution Price. The unit price sum of the two component prices shall be rounded up or down as applicable, to the nearest cent to determine the final Contract Unit Price.

(2) “Delivered Price” means the most recent manufacturer, grower or private label holder commercial price per unit to the Contractor, inclusive of standard freight. The Delivered Price shall be based on free on board (f.o.b.) Destination. Delivered Price shall exclude all costs that are to be covered in the Distribution Price.

(i) Exceptions:

(A) Mandatory Source Items: The Delivered Price shall be limited to the nonprofit agency’s price for product as set in accordance with applicable law, plus applicable freight.

(B) A contiguous United States (CONUS)-based redistributor’s price for a specific manufacturer’s/grower’s/private label holder’s product (SKU) may be considered by the Government as long as the redistributor’s price for the quantity ordered is equal to or lower than the manufacturer’s/grower’s/private label holder’s published price inclusive of discounts/allowances. This exception must be approved by the Contracting Officer on a case by case basis. Supporting documentation may be required.

(3) “Product Allowance” means discounts, rebates, and allowances to be passed on to the Government. In accordance with other provisions of the contract (and subject to any exception in those provisions), all discounts, rebates, or allowances on particular items which are reflected in the amounts shown on the face of the manufacturer’s, grower’s or private label holder’s invoice (referred to as “off-invoice allowances”) or otherwise given to the Contractor by the manufacturer, grower or private label holder, shall be passed by the Contractor to the Government, in the form of an up-front price reduction. The total of these discounts, rebates, and allowances (Product Allowance), shall be reflected via a reduced Subsistence Total Order and Receipt Electronic System (STORES) price, resulting in a lower invoice price to the customer. Any rebates that must be passed to the Government and which cannot be applied as an up-front price reduction must be submitted via check made to the US Treasury, with an attached itemized listing of all customer purchases by line item to include contract number, call number, purchase order number and CLIN number.

(4) “Distribution Price(s)” means the firm fixed price portion of the Contract Unit Price, offered as a dollar amount per unit of issue, rounded up or down to the nearest cent. The Distribution Price is the only method for the Contractor to bill the Government for all aspects of contract performance other than Delivered Price; including but not limited to, the performance requirements of the SOW for the applicable SPV solicitation and resulting contract. As detailed above in (2), Delivered Price is distinct from and not to be included in the Distribution Price.

(5) “Ordering Catalog” means the electronic listing of items and their corresponding contract unit prices available for ordering under this contract.

(6) “Ordering Week” means from Sunday at 12:01 AM through the following Saturday until midnight (Eastern Time (ET), standard or daylight as applicable).

(c) Price adjustments.

(1) General.

(i) All contract unit prices shall be fixed and remain unchanged until changed pursuant to this clause or other applicable provision of the contract. Only the Delivered Price component of the Contract Unit Price is subject to adjustment under this clause. After the first Ordering Week, if the Contractor’s Delivered Price changes for any or all contract unit prices, the Contract Unit Price shall be changed in the next week’s Ordering Catalog upon the Contractor’s request, submitted in accordance with paragraph (iii) below, by the same dollar amount of the change in the Delivered Price, subject to the limitations in paragraph (d). 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. DLA Troop Support will be charged the Contract Unit Price in effect at the time of each order regardless of any changes in the unit price occurring in any subsequent Ordering Week.

(ii) Catalog Delivered Prices must be reflective of the prime vendor’s last receipt price (the price of the stock most recently received into SPV Contractor’s inventory).

(iii) Updates to the Delivered Price: All notices and requests for new item Delivered Prices and price changes shall be submitted weekly, no later than [Buyer fill in time] Eastern Time on [Buyer fill in day], to be effective in the following Ordering Week’s Ordering Catalog prices. The Delivered Price shall have any and all Product Allowance subtractions made prior to presenting the Delivered Price to DLA Troop Support. The Contractor shall notify the Contracting Officer of its notice/request in the form of an electronic data interchange (EDI) 832 transaction set. The change notice shall include the Contractor’s adjustment in the Delivered Price component of the applicable Contract Unit Price. Upon the Contracting Officer’s acceptance of such 832 price changes in accordance with paragraph (v) below, the price change transaction sets will post in the next week’s Ordering Catalog and each Contract Unit Price shall be changed by the same dollar amount of the change in the Delivered Price in the next week’s Ordering Catalog.

(iv) All price changes, and catalog contract prices, are subject to review by the Government. 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 promptly furnish to the Government all supporting data, including but not limited to, invoices, quotes, price lists, supplier documentation regarding rebates/allowances, and any other substantiating information requested by the Contracting Officer.

(v) 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. If the Contracting Officer does not notify the Contractor by close of business Eastern Time each [Buyer fill in day] that a price or a price change request is being questioned or has been found to be erroneous, the price change(s) will post to the ordering catalog effective the beginning of the following Ordering Week. 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 this change.

(vi) Should the Contracting Officer determine that, or question whether a price change request contained an erroneous unit price or price change, or cannot otherwise determine the changed price(s) to be fair and reasonable, such as when the changed price(s) is(are) higher than lower Delivered Prices for items of comparable quality which are reasonably available to the Government or Contractor from other sources, the Contracting Officer will so advise the Contractor, prior to close of business Eastern Time on [Buyer fill in day]. If the Contracting Officer cannot determine a price fair and reasonable, and the Contracting Officer and the Contractor cannot negotiate a fair and reasonable price, the Contracting Officer may reject any price change and direct in writing that the item in question be removed from the Contractor’s Ordering Catalog, without Government liability. The Contracting Officer may subsequently remove any such item from the Ordering Catalog if the Contractor fails to remove it. The Government has the right to procure such removed items from any alternate source of supply, and the failure of the Contractor to supply such item will be considered a negative instance of performance.

(vii) In the event of a price change not posting or an Ordering Catalog Contract Unit Price not computed in accordance with this clause, resulting in an incorrectly increased or decreased Contract Unit Price, the Prime Vendor shall immediately notify the Contracting Officer in writing and promptly thereafter correct its Ordering Catalog and submit a refund for any amounts paid to the Contractor resulting from the erroneous price. In the event of an erroneous price decrease in the Ordering Catalog, if the Contractor can demonstrate to the satisfaction of the Contracting Officer that the error did not result from the fault or negligence of the Contractor, the Contractor may submit a request for equitable adjustment for consideration by the Contracting Officer.

(2) Limitations. All adjustments under this clause shall be limited to the effect on contract unit prices of actual increases or decreases in the Delivered Prices for material. There shall be no upward adjustment for—

(i) Supplies for which the delivered price is not affected by such changes;

(ii) Changes in the quantities of materials; and

(iii) Increases in unit prices that the Contracting Officer determines are computed incorrectly (i.e. not adhering to the Contract Unit Price definition in this clause) and/or increases in unit prices that the Contracting Officer determines are not fair and reasonable.

(d) Upward ceiling on economic price adjustment. The aggregate of contract Delivered Price increases for each item under this clause during the contract period inclusive of any option period(s) shall not exceed [Buyer fill in percentage] percent (%) for all items except Fresh Fruits and Vegetables (FF&V) and [Buyer fill in percentage] percent (%) for Fresh Fruits and Vegetables (FF&V) of the initial Contract Delivered Price, except as provided below:

(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, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. In the event the latest actual market price for an item would result in a contract unit price that will exceed the allowable ceiling price under the contract, then the Contractor shall immediately notify the Contracting Officer in writing or via its EDI 832 price change request and separate email no later than the time specified in paragraph (c)(1)(iii) above. With either such notification the Contractor 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.

(2) If an actual increase in the delivered price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill future orders for such items, as of the effective date of the increase, unless the Contracting Officer issues 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. After evaluation of a requested actual price increase, if the Contracting Officer authorizes the change in the contract unit price, the Contractor shall submit an EDI 832 price change. The price change shall be posted for the following week’s ordering catalog.

(e) DOWNWARD LIMITATION ON ECONOMIC PRICE ADJUSTMENTS. There is no downward limitation on the aggregated percentage of decreases that may be made under this clause.

(f) Examination of records. The Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents and other data, to include commercial sales data, that 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 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

(g) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required or authorized by this clause.

(h) Disputes. Any dispute arising under this clause shall be determined in accordance with the “Disputes” clause of the contract.

(End of Clause)

52.216-9065 Economic Price Adjustment – Actual Material Costs For Subsistence Product Price Business Model.

As prescribed at 16.203-4(d) (2) (96), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ACTUAL MATERIAL COSTS FOR DLA TROOP SUPPORT - SUBSISTENCE PRODUCT PRICE BUSINESS MODEL (NOV 2011)

(a) Warranties: For the portion of the schedule that is covered by this EPA clause, the Contractor warrants that --

(1) Contract unit prices covered by this contract do not include allowances for any portion of the contingency covered by this clause; and

All price adjustments 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 price per unit charged to DLA Troop Support for a product delivered to DLA Troop Support’s customers. The Contract Unit Price consists of two components: Product Price and Distribution Price as identified in the schedule of items. The sum of the two component prices shall be rounded to the nearest cent to determine the final Contract Unit Price.

(2) DLA Troop Support “Manufacturer’s Price Agreement” (MPA) means an agreement between DLA Troop Support and manufacturers which identifies a fixed product price for specific items that will be cataloged by the prime vendor.

(3) “Product Price” is the most recent DLA Troop Support Manufacturer’s Price Agreement (MPA) price or the most recent manufacturer, grower or private label holder commercial price per unit to the Contractor, exclusive of standard freight. The Product Price shall be based on FOB Origin/Point of Manufacture. Product Price shall exclude all costs that are to be covered in the Distribution Price.

(i) Exceptions:

(A) Fresh Fruits and Vegetables (FF&V): The product price shall be based on FOB Origin/Point of Importer when the following conditions apply;

(1) The product is listed in category {Buyer Fill In} (The Contracting Officer shall fill-in the distribution category for Prime Vendor Fresh Fruits and Vegetables (FF&V)); and

(2) It is necessary for the product to be transported into the local market of the importer, as otherwise approved under the contract, from a foreign country because local supply does not exist or it is insufficient to meet demand requirements; and

(3) The importer that establishes the product price is the firm that actually performs the FF&V import service, including, but not limited to: procurement, storage, consolidation, pallets, and palletizing as it applies to the importer’s normal commercial sales, and the importer has comparable commercial sales in the market that is the point of import.

(B) A contiguous United States (CONUS) based manufacturer, grower or private label holder’s product pricing which is a national price inclusive of transportation costs to a Distribution Point shall be supported by documentation and may be considered by the Government on a case by case basis, upon concurrence of the Contracting Officer.

(C) Mandatory Source Items: The product price shall be limited to the nonprofit agency’s price for product as set in accordance with applicable law. The product price shall be based on FOB Origin/Nonprofit Agency. (Prices set in accordance with applicable law (FOB Origin/Nonprofit Agency.)

(D) Prime Vendor Table Displays/Decorations only: For products listed in Category {Buyer Fill-in category number} Prime Vendor Table Displays/Decorations only, the product price shall be based on FOB Origin/Point of the manufacturer’s distributor because the manufacturer will not sell directly to the prime vendor. This exception must be approved by the Contracting Officer on a case by case basis. Support documentation is required.

(E) A CONUS-based redistributor’s price for a specific manufacturer’s product (SKU) may be considered by the Government as long as the redistributor’s price for the quantity ordered is equal to or lower than the manufacturer’s published price inclusive of discounts/allowances. This exception must be approved by the Contracting officer on a case by case basis. Support documentation may be required.

“Product Allowance” is discounts, rebates, and allowances to be passed on to the Government. In accordance with other provisions of the contract, all discounts, rebates, or allowances on particular items which are reflected in the amounts shown on the face of the manufacture’s, grower’s or private label holder’s invoice (referred to as “off-invoice allowances”) or otherwise given to the Contractor by the manufacturer, grower or private label holder, shall be passed by the Contractor to the Government, in the form of an up-front price reduction. The total of these discounts, rebates, and allowances (Product Allowance), shall be reflected via a reduced STORES price, resulting in a lower invoice price to the customer. Any rebates that must be passed to the Government and which cannot be applied as an up-front price reduction must be submitted via check made to the US Treasury, attached with itemized listing of all customer purchases by line item to include contract number, call number, purchase order number and CLIN number.

(5) “Distribution Price(s)” means the firm fixed price portion of the Contract Unit Price, offered as a dollar amount per unit of issue, rounded up or down to the nearest cent. The Distribution Price is the only method for the Contractor to bill the Government for all aspects of contract performance other than Product Price, including but not limited to, the performance requirements of this SOW. As detailed above in (3), Product Price is distinct from and not to be included in the Distribution Price. For use in outside contiguous United States (OCONUS) location(s) that do not use distribution price language in alternates I or II. {Buyer Fill-in OCONUS location(s)}.

(6) “Ordering Catalog” means the electronic listing of items and their corresponding contract unit prices available for ordering under this contract.

(7) “Ordering Month” means from the {Buyer Fill-in day and time of} of the First full week in a calendar month through the last {Buyer Fill-in day and time of} in that calendar month (Eastern Time ET, standard or daylight as applicable).

(8) “United States Defense Transportation System (DTS) Ocean Shipping Costs:” DTS ocean transportation costs (the cost of shipping the product from the Prime Vendor’s CONUS facility(s) to the prime vendor’s OCONUS facility(s), aka “Point to Point” delivery via DTS), shall be excluded from the distribution price. The Defense Transportation System is responsible for point-to-point delivery.

(c) Price adjustments:

(1) General:

(i) All contract unit prices shall be fixed and remain unchanged until changed pursuant to this clause or other applicable provision of the contract. Only the Product price component of the Contract Unit Price is subject to adjustment under this clause. After the first Ordering month, if the Contractor’s Product Price changes for any or all contract unit prices, the Contract Unit Price shall be changed in the next month’s Ordering Catalog upon the Contractor’s request, submitted in accordance with paragraph iii below, by the same dollar amount of the change in the Product price, subject to the limitations in paragraph (d). The price change shall be effective at the beginning of the next Ordering Month. 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. DLA Troop Support will be charged the Contract Unit Price in effect at the time of each order regardless of any changes in the unit price occurring in any subsequent Ordering Month.

(ii) Catalog product prices must be reflective of the prime vendor’s last receipt price (the price of the stock most recently received into the OCONUS inventory). For all distribution categories, when multiple sources are being utilized and more than one manufacturer’s product is receipted prior to a catalog update, the Contractor shall establish the product price based on the mix of invoices received after the previous changes period. The product price would be derived as follows:

Supplier A – {Buyer Fill-in Percentage and price}

Supplier B – {Buyer Fill-in percentage and price}

Supplier C – {Buyer Fill-in percentage and price}

Product Price = {Buyer Fill-in dollar amount}

(iii) Updates to the Product Price: All notices and requests for new item product prices and price changes shall be submitted monthly, no later than {Buyer Fill-in time} local Philadelphia time on the last {Buyer Fill-in day} of each month for submission not later than {Buyer Fill-in time} local Philadelphia time on the last {Buyer Fill-in day} of each month, to be effective in the following Ordering Month’s Ordering Catalog prices. The Product Price shall have any and all Product Allowance subtractions made prior to presenting the Product Price to DLA Troop Support. The Contractor shall notify the Contracting Officer of its notice/request in the form of an electronic data interchange (EDI) 832 transaction set. The change notice shall include the Contractor’s adjustment in the Product Price component of the applicable Contract Unit Price. Upon the Contracting Officer’s acceptance of such 832 price changes in accordance with v below, the price change transaction sets will post in the next month’s Ordering Catalog and each contract unit price shall be changed by the same dollar amount of the change in the Product Price in the next month’s Ordering Catalog.

(iv) All price changes, and catalog contract prices, are subject to review by the Government. 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 months. Upon notice from the Contracting Officer that supporting data is required, the Contractor shall promptly furnish to the Government all supporting data, including but not limited to, invoices, quotes, price lists, supplier documentation regarding rebates/allowances, and any other substantiating information requested by the Contracting Officer.

(v) 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. If the Contracting Officer does not notify the Contractor by close of business local Philadelphia time on the {Buyer Fill-in day} day immediately following the {Buyer Fill-in day} that a price or a price change request is being questioned or has been found to be erroneous, the price change(s) will post to the ordering catalog effective the beginning of the following Ordering Month. 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 this change.

(vi) Should the Contracting Officer determine that, or question whether, a price change request contained an erroneous unit price or price change, or cannot otherwise determine the changed price(s) to be fair and reasonable, such as when the changed price(s) is (are) higher than lower Product Prices for items of comparable quality which are reasonably available to the Government or Contractor from other sources, the Contracting Officer will so advise the Contractor, prior to close of business local Philadelphia time on the {Buyer Fill-in day} immediately following the {Buyer Fill-in day}. If the Contracting Officer cannot determine a price fair and reasonable, and the Contracting Officer and the Contractor cannot negotiate a fair and reasonable price, the Contracting Officer may reject any price change and direct in writing that the item in question be removed from the Contractor’s Ordering Catalog, without Government liability. The Contracting Officer may subsequently remove any such item from the Ordering Catalog if the Contractor fails to remove it. The Government has the right to procure such removed items from any alternate source of supply, and the failure of the Contractor to supply such item will be considered a negative instance of performance.

(vii) In the event of a price change not posting or an Ordering Catalog Contract Unit Price not computed in accordance with this clause, resulting in an incorrectly increased or decreased Contract Unit Price, the Prime Vendor shall immediately notify the Contracting Officer in writing and promptly thereafter correct its Ordering Catalog and submit a refund for any amounts paid to the Contractor resulting from the erroneous price. In the event of an erroneous price decrease in the Ordering Catalog, if the Contractor can demonstrate to the satisfaction of the Contracting Officer that the error did not result from the fault or negligence of the Contractor, the Contractor may submit a request for equitable adjustment for consideration by the Contracting Officer.

(2) Limitations: All adjustments under this clause shall be limited to the effect on contract unit prices of actual increases or decreases in the Product Prices for material. There shall be no upward adjustment for --

(i) Supplies for which the Product Price is not affected by such changes;

(ii) Changes in the quantities of material; and

(iii) Increases in unit prices that the Contracting Officer determines are computed incorrectly (i.e. not adhering to the Contract Unit Price definition in this clause) and/or increases in unit prices that the Contracting Officer determines are not fair and reasonable.

(d) Upward ceiling on economic price adjustment: The aggregate of contract product price increases for each item under this clause during the contract period inclusive of any option period(s) or tiered pricing period(s) shall not exceed {Buyer Fill-in percentage} (%) (Buyer Fill-in percentage} (%) for Fresh Fruits and Vegetables (FF&V)) of the initial Contract product price, except as provided below:

(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, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. In the event the latest actual market price for an item would result in a contract unit price that will exceed the allowable ceiling price under the contract, then the Contractor shall immediately notify the Contracting Officer in writing or via its EDI 832 price change request and separate email no later than the time specified in paragraph (c)(1)(iii) above. With either such notification the Contractor 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.

(2) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill future orders for such items, as of the effective date of the increase, unless the Contracting Officer issues 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. After evaluation of a requested actual price increase, if the Contracting Officer authorizes the change in the contract unit price, the Contractor shall submit an EDI 832 price change. The price change shall be posted for the following month’s ordering catalog.

(e) Downward limitation on economic price adjustments: There is no downward limitation on the aggregated percentage of decreases that may be made under this clause.

(f) Examination of record: The Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents and other data, to include commercial sales 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 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

(g) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required or authorized by this clause.

(h) Disputes: Any dispute arising under this clause shall be determined in accordance with the “Disputes” clause of the contract.

ALT I (APR 2011) Subsistence Prime Vendor Afghanistan: As prescribed in 16.203-4(d) (2) (96), insert the following paragraph in lieu of paragraph (b)(5) of the basic clause.

(5) “Distribution Price” (s) means the firm fixed price portion of the contract unit price, offered as a dollar amount per unit of issue, rounded up or down to the nearest cent. The Distribution Price is the only method for the Contractor to bill the Government for all aspects of contract performance other than product price, including but not limited to, the performance requirements of this SOW. the distribution prices are broken down into standard and non-standard prices. For this acquisition, there will be a total of {Buyer Fill in} Distribution Price Categories. These categories will include both the standard distribution price component and the non-standard distribution price component. {Buyer Fill-in} Category (Category #(s) {Buyer Fill-in} – {Buyer Fill-in} will only include the Non-Standard Distribution Price:

(a) Standard Distribution Price: The standard distribution price is a firm fixed price and offered as a dollar amount, which represents all elements of the unit price, other than the product price and non-standard distribution price. All performance under this SOW will be included in the Standard Distribution Price except aspects of performance that are specifically identified as being included in the Non-Standard Distribution Price. As detailed above in (3), Product Price is distinct from and not to be included in either Distribution Price (note that, for FF&V items from a foreign country imported into the local market of Afghanistan, no importer charges shall be included in the standard distribution price). The standard distribution price shall remain fixed for the duration of each Tiered Pricing Period. The standard distribution price shall exclude ocean shipping costs referenced below and Non-Standard Distribution Prices separately priced in the Schedule of Items.

(b) Non-Standard Distribution Price: The non-standard distribution price is a fixed price and offered as a dollar amount, which represents all elements of pricing related to performance under Supplies/Services and Prices as discussed in Section II Work to be Performed. The details of elements related to non-standard pricing may vary; therefore this information will be filled in by the buyer in appropriate sections of the solicitation and statement of work.

These non-standard distribution prices shall remain fixed for the duration of each Tiered Pricing Period of the contract. The non-standard distribution price shall exclude Standard Distribution Prices separately priced elsewhere in the schedule of items. The Contractor shall not include the same performance or cost element in both the standard and non-standard distribution prices.

ALT II (APR 2011) {Buyer Fill-in OCONUS Location(s)} The buyer will fill in the specific OCONUS location(s) where Alternate II is required in the solicitation, because the distribution pricing language in the basic clause does not adequately address the situation. As prescribed in 16.203-4(d) (2) (96), insert the following paragraph in lieu of paragraph (b)(5) of the basic clause.

(5) “Distribution Price” (s) means the firm fixed price portion of the Contract Unit Price, offered as a dollar amount per unit of issue, rounded up or down to the nearest cent. The Distribution Price is the only method for the Contractor to bill the Government for all contract performance other than Product Price. The Distribution Prices are broken down into Normal and Premium prices:

Normal Distribution Price: The normal distribution price is a firm fixed price and offered as a dollar amount, which represents all elements of the unit price, other than the product price and premium distribution price. All performance under this SOW will be included in the Normal Distribution Price except aspects of performance that are specifically identified as being included in the Premium Distribution Price. As detailed above in (3), Product Price is distinct from and not to be included in either Distribution Price. The normal distribution price shall exclude ocean shipping costs referenced below and premium distribution prices separately priced in the Schedule of Items.

Note: The normal distribution price shall remain fixed for the base period of the contract, and is subject to any agreed option period adjustments.

Premium Distribution Prices: Premium distribution prices are firm fixed prices for the base period of the contract and are subject to any agreed upon option period adjustments. The premium distribution prices shall be offered as a dollar amount for the premium distribution categories identified in the statement of work.

(End of Clause)

52.216-9066 Economic Price Adjustment – Market Prices – DLA Distribution.

When used: This clause may be included in solicitations and resulting contracts for fiberboard boxes, liners and/or other items identified therein, when: (1) unpredictable increases or decreases in the cost of the items are expected; (2) the changes can be tracked by published market prices to be used for price adjustment purposes; (3) the Contracting Officer considers the use of this clause appropriate; and (4) the requirements of 16.203-2, -3, and -4 are met. This clause is approved for use by DLA Distribution only.

Notes:

1. Paragraphs (b)(1): The Contracting Officer shall insert identification of where the market prices can be found, e.g.:

“the “Price Watch: Paperboard/Packaging" table contained in the PPI Pulp & Paper Week Price Watch (an RISI Inc. publication of Pulp & Paper Market News for North America).”

2. Paragraph (b)(1): Contracting Officer shall insert identification of the market price(s) to be used, e.g. :

“ Linerboard (42-pound (lb.)) Unbleached kraft, East (list $### - $###)

Linerboard (42-lb) Unbleached kraft, West (list $### - $###)

Corrugating medium Semichemical, East (list $### - $###)

Corrugating medium Semichemical, West (list $### - $###)”

(Note: The Contracting Officer shall modify subparagraphs (b)(1)(i), (b)(1)(ii), (b)(4) and (b)(4)(i) if separate regional prices are not applicable.

3. Paragraph (d)(1): Contracting Officer shall fill-in the overall percentage, or the percentage of each contract item price, that is deemed to represent the ordered price of the item(s) as applicable, e.g., “70” percent.

4. Paragraph (d)(4): Contracting Officer shall fill-in the percentage of the increase/decrease threshold for triggering a price increase or decrease band, e.g., “4” percent.

5. Paragraph (e)(1): The Contracting Officer shall fill-in the aggregate annual percentage limitation. This percentage is subject to 10% per annum aggregate limit, unless a higher limit is approved by the Chief of the Contracting Office or designee (see 16.203-3(94)). Such rationale and approval for any ceiling over the 10% per annum limit must be documented in the contract file.

ECONOMIC PRICE ADJUSTMENT – MARKET PRICES – DLA DISTRIBUTION (NOV 2011)

(a) Warranties. The Contractor warrants that:

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingencies covered by this clause.

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) Definitions. The terms used in this clause are defined below.

(1) The “market prices” specified hereunder are, as a satisfactory measure of price changes in the marketplace, used for price adjustments under this clause. The prices appear in

_________________(Note 1)____________

______________(Note 2)________________

(i) The above applicable “East” market prices shall be used to adjust prices under this clause for items delivered to Defense Distribution Center Anniston, Alabama; Defense Distribution Depot Europe; Defense Distribution Center Susquehanna, Pennsylvania; Defense Distribution Center Norfolk, Virginia; Defense Distribution Center New Cumberland, Pennsylvania; and any other required delivery points east of the Mississippi River.

(ii) The above applicable ‘West” market prices shall be used to adjust prices under this clause for items delivered to Defense Distribution Center Hill, Utah, Defense Distribution Center San Joaquin, California; Defense Distribution Center Pearl Harbor, Hawaii; Defense Distribution Center Red River, Texarkana, Texas; and any other required delivery points west of the Mississippi River.

(2) Base market price – The average of the minimum and maximum list prices in United States (U.S.) dollar prices published the week of the contract effective date. If the contract effective date falls in a week when the prices are not published, then the average of the applicable minimum and maximum prices from the preceding week of publication shall be used.

(3) Adjusting market price – The average of the list price ranges specified above for the week in which the unit price(s) are being adjusted. Note: The adjusting market price becomes the base market price for the subsequent adjustment period, if any.

(4) Contract Unit Price – The contract unit price(s) to be invoiced for product(s) delivered to East and West locations is the sum of the “ordered price” and the “distribution price”:

(i) Ordered Price – The Contractor’s purchase cost for materials delivered to East or West locations. No amount shall be included in the ordered price(s) for any other element of cost or for profit. The ordered price component is subject to increases or decreases in accordance with this clause.

(ii) Distribution Price – The price that represents all the elements of the contract unit price other than the “ordered price”. The distribution price typically consists of the Contractor’s projected labor, general and administrative overhead, packaging costs, transportation costs from the prime vendor’s distribution point to destination, any other projected expenses or overhead associated with prime vendor function, and profit. Profit includes all profit relevant to both the materials costs and distribution costs. The distribution price reflects the difference between the ordered price and the contract unit price.

(5) Base Price – The unit price(s) offered for the item(s) included in the contract award schedule.

(6) Contract Price – Means:

(i) The base year total prices and all option year prices shown on the contract schedule page(s) at time of award, or:

(ii) The base year total prices and all option year prices adjusted pursuant to this clause. (Note: price adjustments made to each ordered price component will be applied concurrently to any remaining option year prices.)

(7) Contract effective date – Means the effective date of award of the contract resulting from this solicitation.

(8) Option Year – A one (1) calendar year period consisting of twelve (12) calendar months. The first contract calendar year (base year) shall commence on the contract effective date and shall end 365 days (366 days for a leap year) thereafter. Each succeeding contract calendar year shall commence on the day immediately following the last day of the preceding contract calendar year.

(c) Price Change Notification. Within five calendar days following publication of a market price sufficient to require a price change under this clause, the Contractor shall notify the Contracting Officer in writing of the change and market price upon which the current contract price is based and attach a copy of the market price publication containing such price change.

(d) Limitations. All price adjustments are subject to the limitations set forth in this clause including:

(1) Price adjustments shall be applied only to the ordered price component, which is deemed to represent ___(Note 3)___ percent of the contract unit price for each item.

(2) Contract prices shall be adjusted by the same percentage that the Adjusting market price bears to the Base market price.

(3) When any unit price adjustments under this clause coincide with the exercise of an option period, such adjustments will be authorized separately from the exercise of the option.

(4) Price adjustments under this clause will be made only if the change to the price of a contract item would increase or decrease by (Note 4) percent or more of the current price of a contract line item.

(5) Increased contract unit prices shall not apply to quantities scheduled for delivery prior to the effective date of the increased unit price. The effective date of the increased unit price is the effective date on the contract modification (Standard Form (SF) 30, block 3).

All price adjustments shall be calculated as shown in the following example:

| Unit Prices | Baseline Ordered Price (Compute using % of Unit Price from (d)(1) above) | Baseline Distribution Price | Baseline Market Price | Current Market Price | % Change Between Baseline And Current Market Price | $ Increase / Decrease To Ordered Price | Adjusted Ordered Price | Adjusted Unit Price
Sample Increase | $5.90 = | $4.13 | $1.77 | 140.2 | 151.7 | (+) 8.2% | (+) $0.34 | $4.47 | $6.24
Sample Decrease | $5.90 = | $4.13 | $1.77 | 140.2 | 124.6 | (-) 11.13% | (-) $0.46 | $3.67 | $5.44

Sample Increase Sample Decrease

Latest Market Price: 151.7 Latest Market Price: 124.6

Previous Market Price: 140.2 Previous Market Price: 140.2

(+) 11.5 (-) 15.60

% Change: 11.5 / 140.2 = (+) 8.2% % Change: 15.6 / 140.2 = (-) 11.13%

(e) Upward Ceiling On Economic Price Adjustment.

(1) The Contractor agrees that the total increase in any contract item’s unit price pursuant to the provisions of this clause shall not exceed (Note 5) percent per annum of the item’s unit price at the inception of each contract year, except as provided under paragraph (e)(3).

(2) 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.

(3) If an actual increase in a market price 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.

(4) There is no percentage limit on downward adjustments under this clause.

(f) Revision of the Market Price. In the event---

(1) any applicable market price indicator is discontinued or its method of derivation is altered substantially, or

(2) 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 substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(g) Contract Modifications. Price adjustment(s) pursuant to this clause shall be incorporated by a modification signed by the Contractor and the Contracting Officer. The modification shall be issued:

(1) within thirty (30) calendar days of the date of request by the Contractor and shall set forth the unit price(s) as adjusted in accordance with this clause to establish the new contract price(s),

(2) shall adjust the unit prices of any delivery orders issued during and following this 30 day period, and

(3) if the adjustment results in a decrease to the unit price(s) of any delivery orders issued during this 30 day period, the Contractor shall submit a credit memorandum in the amount of the decrease within 30 days of the date of the Modification. The credit will be applied to subsequent invoices.

(h) Final invoice. The Contractor shall include a statement on the final invoice for each contract year that amounts invoiced under this contract reflect all decreases required by this clause.

(i) Disputes. Any disagreement arising under this clause shall be resolved in accordance with the “Disputes” clause of the contract.

(End of Clause)

52.216-9067 Economic Price Adjustment - Liquid Propane Gas – DLA Distribution.

The clause at 52.216-9067 shall be used in contracts for procurement of Liquid Propane Gas (LPG). This clause is approved for use by DLA Distribution only.

Note 1: Requires buyer to fill in the appropriate base market price date in paragraph (b)(3). This date should be no later than the date of final proposal revisions.

Note 2: Buyer must also fill in percentage applicable in (c)(5), as determined in accordance with 16.203-3 (94) and local procedures.

ECONOMIC PRICE ADJUSTMENT LIQUID PROPANE GAS – DLA DISTRIBUTION

(NOV 2011)

(a) Warranties. The Contractor warrants that -

(1) The unit prices set forth in the schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provision of this clause.

(b) Definitions. As used throughout this clause-

(1) The term "base price" means-

(i) The unit price offered for an item and included in the contract award schedule at time of award

(2) Market price means a price determined by an independent trade association, governmental body, or other third party and reported or made available in a consistent manner in a publication, electronic data base, or other form. This price may be either a single market price or a combination of market prices for price adjustment for individual items by product, market area, and publication as specified in paragraph (f) below.

(3) The term "base market price" means the preselected market price for an item as published on [Note 1] in the publication specified in paragraph (f).

(4) The Adjusting Market Price means the average price listed in the publication specified in paragraph (f) immediately preceding the date of adjustment.

(c) Adjustments. The Contracting Officer shall issue a modification to the contract to reflect any price change pursuant to this clause. The contract price shall be adjusted at the initial date of performance only if the change between the market price at the start of performance and the base market price equals 3% (positive or negative) or more of the contract price. Price changes thereafter shall be no more frequent than every two weeks. Therefore, after the initial date of performance, the difference between the current market price and the base market price will be determined on a weekly basis, providing there has not been a price adjustment in the prior week (in which case no adjustment would be applicable). The contract price will be changed by this difference, (positive or negative), at any time the adjustment from the current price to the newly adjusted price (positive or negative) is determined to equal 3% or more of the base price. Price changes will be formally issued in a contract modification which will be effective on the fourth business day immediately following the date of the publication used for the adjusting market price.

For example, if the adjusting market price was published on a Monday, the effective date of the price change would be the Friday of that same week.

(1) Calculations. The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof that the market price increases or decreases, per like unit of measure, no more than every two weeks, providing that such an adjustment would result in a 3% or more change between the base price and the adjusted contract price. All arithmetical calculations, including the final adjusted unit price shall be rounded to the nearest thousandth of a cent. For example, if performance started January 1, the contract award price is $2.00 and if the base market price on the base reference date is 150.000 cents, and the adjusting market priceimmediately preceding the performance period is 160.000 cents, the contract price shall increase by 10.000 cents $2.10 at the start of the performance period. If the adjusting market price was 155.000 cents instead of 160.000, there would be no adjustment, since the difference between the adjusting market price and the base market price is less than 3% of the base price. All calculations in this example are purely hypothetical, and not based on any actual dates or prices.

(2) Revision of published market price indicator. In the event--

(i) Any applicable market price is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions,-the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes clause of the contract.

(3) 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 clause Default of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed [ Note 2] percent of the award price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter. This [Note 2] percent is not cumulative for each program year, and instead is applied to the price in effect at the beginning of each program year, through the end of that program year.

(i) 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.

(ii) If an actual increase in the market price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues 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.

(d) Examination of records. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(e) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(f) Publication, product, and location. The average of the high and low in BPN's Weekly Propane Newsletter, Propane Prices Update, Spot Prices for Natural Gas Liquids, at Mont Belvieu (not LDH) shall be used to calculate each four week average specified above. These prices measure the general rate and direction of price movement for this commodity within a market. This does not indicate a mandatory source of supply or area where bidders must obtain supplies.

(End of Clause)

52.216-9068 Economic Price Adjustment – Published Market Price -Electricity – Heat Rate.

As prescribed at 16.203-4(a)(2)(99), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE - ELECTRICITY – HEAT RATE (NOV 2011)

(a) Warranties. The Contractor warrants that--

(1) The award price set forth in the Schedule does not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced shall be computed in accordance with the provisions of this clause.

(b) Definitions. As used throughout this clause, the term--

(1) Adjusting Market Price means the market price to be used in calculating an economic price adjustment to arrive at the Updated Contract Price for a given delivery month. Adjusting market prices are established two possible ways:

(i) In the Fixed Price Trigger Schedule attachment, there are trigger floors and trigger ceilings for specified volumes within each delivery month. If the [buyer fill-in applicable market index] natural gas price reaches either the trigger floor or the trigger ceiling for a specified volume, the adjusting market price is the trigger floor or trigger ceiling for that volume.

(ii) If neither the Trigger Floor nor Trigger Ceiling prices are met for a given Trigger volume, the Adjusting Market Price of natural gas for all remaining volumes contained in the Fixed Price Trigger Schedule for the delivery month will be the [buyer fill-in applicable market index] final settlement price for that delivery month.

(2) Award Price means the sum of the Block Energy Adder and the product of the Heat Rate and the Initial Market Price expressed in dollars per megawatt hour.

(3) Base (7X24) Block Energy means a block of electricity that covers electricity usage 7 days a week, 24 hours a day.

(4) Block Energy Adder is a fixed service fee, expressed in dollars per megawatt hour, that should cover all overhead and costs not included in the Heat Rate/Market Index component of the Contractor’s price. At a minimum, the adder is expected to cover the Contractor’s wholesale transmission, losses, ancillaries, intra- and inter-zonal congestion, and scheduling.

(5) Delivery Month means the period between meter readings, as set forth in the Statement of Work.

(6) Heat Rate means the measurement of the efficiency with which heat can be used to produce electricity. Specifically, it is the number of British Thermal Units required to produce one kilowatt hour of electricity. Under this solicitation, the heat rate for base (7x24) block energy is [buyer fill-in applicable heat rate] and the heat rate for on-peak (5x16) block energy is [buyer fill-in applicable heat rate].

(7) Initial Market Price means the market price for [buyer fill-in applicable market index] natural gas at time of award, expressed in dollars per British thermal units, as published by [buyer fill-in applicable publication].

(8) Market index is [buyer fill-in applicable publication and market index] natural gas.

(9) Market Price is the price for [buyer fill-in applicable market index] natural gas, expressed in dollars per British thermal units, as published by [buyer fill-in applicable publication].

(10) On-peak (5X16) Block Energy means a block of electricity that covers a customer’s electricity usage Monday through Friday, 5 days a week, 16 hours a day. Peak hours are [buyer fill-in applicable peak hours], as defined by the [buyer fill-in applicable ISO/RTO].

(11) Settlement Price for a given delivery Month means the [buyer fill-in applicable market index] natural gas contract price as of three business days prior to the first calendar day of that delivery month. Where a delivery month begins in one month (Month 1) and ends in the subsequent month (Month 2), the [buyer fill-in applicable market index] natural gas contract price as of three business days prior to the first calendar day of Month 2 will be used.

(12) Trigger means a pre-established Floor or Ceiling natural gas market price for a given volume of natural gas for a specified delivery month. (See the Fixed Price Trigger Schedule attachment).

(13) Trigger Ceiling means the highest price for a specified volume contained in the Fixed Price Trigger Schedule. Where a Ceiling is Triggered for a given volume, the Adjusting Market Price for that volume is locked in at the Ceiling price, unless an exception specified in the Statement of Work applies.

(14) Trigger Floor means the lowest price for a specified volume contained in the Fixed Price Trigger Schedule. Where a Floor is Triggered for a given volume, the Adjusting Market Price for that volume is locked in at the Floor price, unless an exception specified in the Statement of Work applies.

(15) Updated Contract Price means the sum of the Block Energy Adder and the product of the Heat Rate and Weighted Adjusting Market Price expressed in dollars per megawatt hour.

(16) Upward Ceiling means the highest allowable differential between the Award Price and an Updated Contract Price.

(17) Weighted Adjusting Market Price (WAMP) means the average of all Triggered and/or Settled Adjusting Market Prices weighted by British Thermal Units, for each delivery month expressed in dollars per MMBTU.

(c) ADJUSTMENTS. The contract prices for electricity delivered in a given delivery month will be updated by inserting the WAMP for that month utilizing the formulas below.

Updated Contract PriceB = (Heat RateB * Weighted Adjusting Market Price) + Block Energy AdderB

Updated Contract PriceP = (Heat RateP * Weighted Adjusting Market Price) + Block Energy AdderP

Where the subscript B denotes Base (7X24) Block Energy and the subscript P denotes On-peak (5X16) Block Energy.

The heat rates and block energy adders are fixed for the contract term, while the WAMP component varies with the market based upon either the pre-established triggers set forth in the fixed price trigger schedule or the published [buyer fill-in applicable publication and market index] settlement price, as defined above.

(d) Calculations. All calculations shall be rounded to five decimal places.

(e) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions – Commercial Items clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) Upward ceiling on economic price adjustment. The Contractor agrees that in any delivery month of the contract term, the total increase in any Base or On-peak Updated Contract Price, pursuant to these economic price adjustment provisions, shall not exceed [buyer fill-in applicable upward ceiling] of the value of the award price.

Except as provided hereafter--

(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 Upward 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 Upward Ceiling which the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(2) If an actual increase in the established Market Price would raise an Updated Contract Price for an item above the current Upward Ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the Upward Ceiling. If the contract Upward Ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(g) Revision of market index indicator. In the event that--

(1) Any applicable Market Index indicator is discontinued or its method of derivation is altered substantially; or

(2) The Contracting Officer determines that the Market Index 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions – Commercial Items clause of this contract.

(h) Examination of records. The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(End of Clause)

52.216-9069 Economic Price Adjustment – Published Market Price – DLA Energy Domestic Bulk.

As prescribed at 16.203-4(a)(2)(98), insert the following clause:

ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE - DLA ENERGY DOMESTIC BULK (NOV 2011)

(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; and

(2) The prices to be invoiced shall be computed in accordance with the provisions of this clause.

(b) Definitions. As used throughout this clause, the term—

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Market price means the price to be used in determining an economic price adjustment of the base unit price of an individual product for the market area and time period specified in this clause. The market price is derived from quotes, assessments, or sales prices in the market place for one or several items or commodity groups as reported in a consistent manner in a publication, electronic data base, or other form, as determined by an independent trade association, governmental body, or other third party independent of the Contractor.

(i) Base market price means the price as shown in Column V of the table below, which is the market price from which economic price adjustments are calculated pursuant to this clause.

(ii) Adjusting market price means the market price for deliveries during the most recent period, as defined in the table below.

(3) Date of delivery is defined as follows:

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) ORIGIN. The date and time vessel commences loading.

(B) F.o.b. DESTINATION. The date and time vessel commences discharging.

(ii) For pipeline deliveries. The date and time product commences to move past the specified f.o.b. point.

(iii) For all other types of deliveries. The date product is received.

(c) Adjustments.

(1) Subject to the provisions of this clause, the price payable shall be the base unit price in effect on the date of delivery increased or decreased by the same number of cents, or fraction thereof, that the adjusting market price applicable at date of delivery increases or decreases, per like unit of measure, from the base market price.

(2) Calculations. All calculations shall be rounded to six decimal places.

(3) Modifications. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a weekly price adjustment modification effective each Tuesday.

(4) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(5) Upward ceiling on economic price adjustment. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment provisions shall not exceed (Note 1) percent of the original base unit price in any applicable program year (whether a single year or multiyear program), except as provided hereafter.

(i) 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 which the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the established market price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues 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.

(6) 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(d) Conversion factors. If this clause requires quantity conversions for economic price adjustment purposes, the conversion factors for applicable products, as specified in the DLA Energy conversion factor instruction, apply unless otherwise specified in the Schedule.

(e) Examination of records. The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(f) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(g) Table.

I. Heading under which market indicator is published

II. Base market price

III. Location where market price is applicable (excludes all taxes)

IV. Item number/ Name of product

V. Name of Publication

(see note(s) below)

(Notes - fill-in)

(End of Clause)

Note 1: The Contracting Officer shall complete the percentage as required in 16.203-4(a)(2)(XX)

Note 2: The Contracting Officer shall complete the table after coordinating with the Market Research Division.

Note 3: Method(s), and time period(s) for calculating the market price(s), as exemplified below:

For Platts Oilgram: "Note: The East/Gulf Coast adjusting market price will be firm for weekly periods and is defined as the average of the applicable daily Platts spot assessment quotations effective for the prior week. The simple average of the daily average highs and lows of the prices effective Monday through Friday (excluding any days prices that are not published) shall be the adjusting market price effective for the following Tuesday through Monday."

For Oil Price Information Service: "Note: The Rocky Mountain adjusting market price will be firm for weekly periods and is defined as the Oil Price Information Service Publication applicable weekly quotations effective for the prior week. The simple average of the highs and lows of the prices effective the prior week shall be the adjusting market price effective for Tuesday through Monday."

(End of Clause)

52.216-9070 Economic Price Adjustment – Daily Market Price Indicators (Ships’ Bunkers).

As prescribed at 16.203-4(a)(103), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – DAILY MARKET PRICE INDICATORS (SHIPS’ BUNKERS) (JUL 2010)

(a) Warranties: The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) Definitions: As used throughout this clause, the term--

(1) Award price means the original contract price.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the award price is to fluctuate.

(i) Base reference price means the market price indicator shown in the Table in (f) below and is the reference price from which economic price adjustments are calculated pursuant to this clause. This price will be expressed as Base Ref. Price in any price adjustment notification issued through contract modifications and/or postings to the web page under the heading Vendor Resources and then Product Price Adjustments. The base reference date annotated in the Table shall remain unchanged throughout the life of the contract.

(ii) Adjusting reference price means the market price indicator in effect on the date of delivery, used to determine the change in reference price. In the event one or more applicable reference prices are not (or were not) published, then the term adjusting reference price means the market price indicator for an item as published on the date nearest in time on or prior to the effective calendar date as expressed in (4) below. It is annotated as New Ref. Price in any Price Adjustment (PA) modification issued.

(3) Current unit price means the price in effect for the day that the price adjustment provisions discussed in paragraph (c) below begin. This price, expressed as Latest Unit Price in any price adjustment notification issued through contract modifications and/or postings to the web page under the heading Vendor Resources and then Product Price Adjustments, shall be the unit price charged to the Government for supplies delivered under the contract.

(4) Date of delivery means the date and time product is received by the requesting activity/ vessel. This is shown by signature of receipt by the Government representative for the entire delivery. A single delivery that began on one date and ended on another date shall be considered as received on the date of completion annotated by the Government on the bunker delivery document. Excusable delays in delivery shall be handled on a case-by-case basis by the Contracting Officer.

(5) Calendar week means a consecutive seven-day period, beginning with Monday, unless otherwise specified in (c)(1) below.

(6) Published means issued in either print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail, unless otherwise specified in (c)(1) below.

(c) Adjustments: The prices payable under this contract shall be the award price increased or decreased by the amount that the reference price shall have increased or decreased as of the date of delivery. The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(1) Day of publication: The adjusting reference price in effect on the date of delivery shall be that item's reference price effective (and normally published) on the date in which the delivery is made, or, in the event there is no publication on that day, it shall be the item's reference price as last previously published prior to that date.

Note: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (http://www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. will correct any other reference prices, as notice of the correction is received. will work with the pricing services to determine the appropriate price, whenever an offeror or Contractor can show that the price referenced should be reviewed.

(2) Calculations:

(i) If averages are published within a given publication, then these averages will be used.

(ii) For prices in U.S. gallons, if averages are not available within a given publication, calculated averages, carried to six decimal places, rounded, will be used. For prices in metric tons, if averages are not available within a given publication, calculated averages, carried to two decimal places, rounded, will be used. For domestic contract line items, conversions from metric tons to gallons shall be utilized through the conversion factors clause for the applicable publication reference product. Barrels shall be converted using the conversion factors instruction for barrels to gallons. If this clause requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the Conversion Factor Instruction, apply unless otherwise specified in the Schedule in the Table (f) below. Details on the specific products covered and the method of conversion can be found in Instruction M55 ( MAR 2007), which is included in solicitations and resulting contracts when conversion factors are required.

(iii) For domestic contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including six decimal places, rounded. For overseas contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including two decimal places, rounded.

(iv) For domestic contract line items, the final adjusted unit price will always consist of a number including six decimal places, rounded. For overseas contract line items, the final adjusted unit price will always consist of a number including two decimal places, rounded.

(3) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions – Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustments: The Contractor agrees that the total increase in any contract unit price shall not exceed {buyer fill-in applicable upward ceiling}____________ percent (%) of the award price, except as provided hereafter:

(i) 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 an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues 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.

(5) Revision of reference price: In the event--

(i) Any applicable reference price (market price indicator) is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on or just prior to the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. Failure to agree on an appropriate substitute shall be considered a “dispute” within the meaning of paragraph (d), Disputes, of the Contract Terms And Conditions -- Commercial Items clause of the contract.

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives 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.

(e) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(f) Table: The following publication(s)/date(s) apply: {buyer fill-in of applicable information}.

Note to buyer: - select one of the following choices:

(1) Insert the following table when the solicitation does not contain numerous items:

Base reference Base reference Base reference Base reference

Item no. publication heading date price

or

(2) (at Contracting Officer’s discretion) Insert for Ships’ Bunker programs when the solicitation is for a major program buy:

“See the continuation pages to this clause at Attachment C for a listing of each line item, the applicable publications for each line item, as well as the applicable reference heading, base reference date and base reference price.”

The Contracting Officer shall insert the appropriate table at Attachment C.

(End of Clause)

52.216-9071 Economic Price Adjustment – Market Price – Posts, Camps, and Stations (PC&S) – Korea/Guam/Japan.

As prescribed at 16.203-4(a)(2)(100), insert the following clause:

ECONOMIC PRICE ADJUSTMENT - MARKET PRICE - POSTS, CAMPS, AND STATIONS (PC&S) KOREA/GUAM/JAPAN (NOV 2011)

(a) Warranties. The Contractor warrants that—

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) Definitions. As used throughout this clause, the term—

(1) Base unit price means the unit price set forth opposite the item in Section B of the Schedule.

(2) Market price means a price determined by an independent trade association, governmental body, or other third party and reported or made available in a consistent manner in a publication, electronic data base, or other form. This price may be either a single market price or a combination of market prices for price adjustment for individual items by product, market area, and publication as specified in the Table in (g) below. For purposes of this procurement, the market price is the average of the prices published in Platt's Oilgram Price Report. The applicable market price is identified by product following the Table in (g) below.

(i) Base market price means the price as shown in column IV of the Table in (g) below and is the market price from which economic price adjustments are calculated pursuant to this clause.

(ii) Adjusting market price means the market price in effect on the date of delivery and that will be used to determine the change in market price as defined in (c)(1) below.

(3) Date of delivery is defined as follows:

(i) For free on board (f.o.b.) destination truck deliveries. The date product is received, on a truck-by-truck basis

.

(ii) For all other types of deliveries. The date and time product commences moving past the specified f.o.b. point.

(c) See Note 1 .

(1) Subject to the provisions of this clause, the prices payable hereunder shall be determined by adding to the base unit price the same number of cents, or fraction thereof, that the adjusting market price increases or decreases, per like unit of measure, subsequent to the date on which the base market price is established (see column IV of the Table). The prices payable shall be issued through semimonthly contract notifications effective the first and third Monday of each month.

(2) Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments.

(3) All arithmetical calculations, including the final adjusted unit price, shall be rounded to four decimal places.

(4) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(5) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment provisions, shall not exceed See Note 2____ percent of the base unit price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter.

(i) 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 an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the market price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues 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.

(6) 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 for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(d) Conversion factors. If this clause requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the Conversion Factor Instruction, apply unless otherwise specified in the Schedule

.

(e) Examination of records. The Contractor agrees that the Contracting Officer or designated representatives 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.

(f) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(g) Table.

I II III IV

Heading under which market price is published and

Base market price

Name of publication

as of ____________

Item no. (see (b)(2) above) name of product (date of publication)

(see note 3)

(End of Clause)

Note 1: The Contracting Officer shall insert the following:

(For Korea and Guam only):

(c) Adjustments.

(For Japan only):

(c) Adjustments. For products delivered by barge or tanker, the Contractor shall notify the Contracting Officer of any delivery and associated change in the adjusting market price within 15 days from the date thereof. For products delivered via other modes (TT, TW, etc.), price adjustments shall be semimonthly and shall occur on the first and third Monday of each month. No increase in a contract unit price for barge or tanker deliveries shall be executed pursuant to this provision until the increase in the applicable adjusting market price has been verified by the Contracting Officer.

Note 2: The Contracting Officer shall insert the appropriate ceiling percentage in paragraph (c)(4) as determined by the Chief of the Contracting Office or designee (reference note 2 of the clause). Explicit approval must be obtained for any ceiling exceeding ten (10) percent in accordance with DLAD 16.203-3 (94).

Note 3: The Contracting Officer shall coordinate with the Market Research Section (DESC-RN) before completion of fill in the blank information sections of the clause such as base market, and publication dates, to ensure the accuracy of the information and the correct selection of the market price.

52.216-9072 Economic Price Adjustment - Petroleum Product Price , Post, Camp, and Station (PC&S).

As prescribed at 16.203-4(a)(2)(101), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST, CAMP AND STATION (PC&S) (NOV 2011)

(a) Warranties: The Contractor warrants that—

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed daily in accordance with the provisions of this clause.

(b) Definitions: As used throughout this clause, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on__________. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin: The date and time vessel commences loading.

(B) F.o.b. destination: The date and time vessel commences discharging.

(ii) For all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this clause.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

Any applicable reference price is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions-- the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(3) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed ____________ percent (%) of the of the base price in any applicable program year, except as provided below.

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 an appropriate explanation and documentation as required by the Contracting Officer.

If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues 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.

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(e) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(f) Publications. The following publication(s) is (are) used:

(End of Clause)

52.216-9073 Economic Price Adjustment – Petroleum Product Market Price, Post, Camp, and Station (PC&S) Belgium.

As prescribed at 16.203-4(a)(2)(102), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT MARKET PRICE, POST, CAMP, AND STATION (PC&S) BELGIUM (JUN 2010)

(a) Warranties: The Contractor warrants that—

The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) Definitions: As used throughout this clause, the term—

Award price means the unit price set forth opposite the item in the Schedule. The award price consists of the market price (the official posted Belgium government product price (see (2) below) less applicable taxes and duties (as specified in the Tax Relief clause), and the firm rebate.

Market price for all products (including Fuel Oils, Gasoline, and Diesel products) means the current applicable official Belgium Government price as published in “Officieel tarief van de aardolieprodukten.” The current applicable official Belgium Government price as published in “Officieel tarief van de aardolieprodukten” sets the maximum price that can be charged for the specified petroleum products referenced in this clause. For deliveries of Fuel Oils at and over 2,000 liters, the official Belgium Government price will be the gasoil chauffage camion (a partir de 2000 L) (excluding all applicable duties/taxes, e.g., Excise Duties/Fuel Oil/U.S. Government NATO Exemption taxes) and a firm fixed rebate that is deducted from the official Belgium Government price. For deliveries of Fuel Oils under 2,000 liters, the official Belgium Government price will be the gasoil chauffage (moins de 2000 L) (excluding all applicable duties/taxes, e.g., Excise Duties/Fuel Oil/U.S. Government NATO Exemption taxes) and a firm fixed rebate that is deducted from the official Belgium Government price. For deliveries of Gasoline, the official Belgium Government price will be the PRIX A LA POMPE Essence Super 95 RON - 10S (excluding all applicable duties/taxes, e.g., Excise Duties/Fuel Oil/U.S. Government NATO Exemption taxes) and a firm fixed rebate that is deducted from the official Belgium Government price. For deliveries of Diesel the official Belgium Government price will be the PRIX A LA POMPE Diesel 10S (excluding all applicable duties/taxes, e.g., Excise Duties/Fuel Oil/U.S. Government NATO Exemption taxes) and a firm fixed rebate that is deducted from the official Belgium Government price.

Date of delivery means the date and time of product delivery completion via the method of delivery specified in the Schedule.

(c ) Adjustments:

Notification: The Contractor shall notify by facsimile or letter within five calendar days of any official price change issued by the Belgium Government in the “Officieel tarief van de aardolieprodukten.” The notification shall be accompanied by a copy of the document showing the new market price.

Subject to the provisions of this clause, the prices payable hereunder shall be the market price incorporated into the contract less applicable taxes and duties, and the firm rebate.

The Contracting Officer shall, pursuant to the provisions of this clause, issue a contract notification to incorporate the new market price, effective on the publication date of such market price.

Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments.

(d) Upward ceiling on economic price adjustment:

The Contractor agrees that the total increase in any contract unit price shall not exceed ___ percent (%) of the award price during the first program year or of the unit price in effect as of the start of any subsequent program year (if this is a long-term or multiyear program), except as provided hereafter:

(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 the item(s), the Contractor shall promptly notify the Contracting Officer in writing of the estimated effective date and the amount of the expected increase. The notification shall include a revised ceiling sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(2) If an actual increase in the market price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract will not be modified, the Contracting Officer shall promptly notify the Contractor in writing that the ceiling will not be raised.

(e) Revision of market price indicator: In the event—

(1) Any applicable market price is discontinued or its method of derivation is altered substantially; or

(2) The Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions. The parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(f) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions -- Commercial Items clause of this contract, or is the result of an allocation made in accordance with the terms of the Allocation clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(g) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives 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.

(h) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(End of Clause)

52.216-9074 Economic Price Adjustment - Market Price And Actual Transportation Cost (Natural Gas) Alaska.

As prescribed at 16.203-4(a)(2)(104), insert the following clause:

ECONOMIC PRICE ADJUSTMENT -- MARKET PRICE AND ACTUAL TRANSPORTATION COST - NATURAL GAS - ALASKA (JUN 2010)

(a) Warranties. The Contractor warrants that—

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) DEFINITIONS. As used in this clause, the term—

(1) Contract unit price is the market price based on a fixed percentage of the ENSTAR Natural Gas Company’s current approved and published Enstar natural gas cost adjustment tariff rate on file with the regulatory commission of Alaska, expressed in dollars per thousand cubic feet (MCF). All other Enstar applicable tariff components (transportation, regulatory fees, company use gas, etc.) will be passed through at cost. Customer service charges and meter fees imposed by Enstar Natural Gas Company, as permitted by the tariff, will be considered pass-through utility charges.

(2) Local Distribution Company (LDC) means the local public utility operating in a franchised area without competition that transports gas over its own distribution lines from its interconnection points with an interstate or intrastate pipeline to customers.

(3) Market price indicator is the Enstar natural gas cost adjustment tariff rate on file with the regulatory commission of Alaska.

(c) Price adjustments. The contract unit price will be changed only as a result of a revision of the Enstar Natural Gas Cost Adjustment tariff rate. If the ENSTAR Natural Gas Cost Adjustment is revised, the fixed percentage stated in the contract schedule page shall be applied to the revised Gas Cost Adjustment to obtain the new contract unit price.

(1) Calculations. All numbers used in or derived through calculations prescribed by this clause shall be rounded to four decimal places.

(2) Upward ceiling on economic price adjustments.

(i) The Contractor agrees that any increase in the contract unit price pursuant to this clause shall not exceed __(Contracting Officer fill-in see Note 1)_percent of the contract unit price effective at time of award. If market conditions warrant, the Government may institute a contract ceiling increase.

(ii) If, at any time, the Contractor has reason to believe that within the near future an increase in the ENSTAR Natural Gas Company’s Adjustment tariff rate would raise the contract unit price above the current ceiling, the Contractor shall notify the Contracting Officer of the expected increase. At the same time, the Contractor shall propose a revised ceiling sufficient to permit completion of remaining contract performance. The Contractor’s proposal shall be supported by appropriate explanations and documentation as required by the Contracting Officer.

(iii) If an actual increase in the market price would raise the contract unit price above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders, as of the effective date of the increase, until the Contracting Officer notifies the Contractor that the ceiling will or will not be raised. In the case where the Contractor receives confirmation that the ceiling will be raised, the Contractor is required to continue performance.

(3) Revision of market price indicator. If the applicable market price indicator is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the market price indicator consistently and substantially failed 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions -- Commercial Items (Natural Gas) clause.

(d) Examination of records. The Contractor agrees that 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.

(End of Clause)

Note 1: The Contracting Officer is required to fill-in the applicable ceiling in paragraph (c)(2)(i)

52.216-9075 Economic Price Adjustment – Published Market Price –Ships Bunkers.

As prescribed at 16.203-4(a) (2) (105), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – MARKET PRICE INDICATORS - SHIPS BUNKERS

(NOV 2011)

(a) Warranties. The Contractor warrants that-

-

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) Definitions. As used throughout this clause, the term-

(1) Award price means the original contract price.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the award price is to fluctuate.

(i) Base reference price means the market price indicator shown in the Table in (f) below and is the reference price from which economic price adjustments are calculated pursuant to this clause. This price will be expressed as base reference price in any price adjustment notification issued through contract modifications and/or postings to the DLA Energy web page under the heading vendor resources and then product price adjustments. The base reference date annotated in the Table shall remain unchanged throughout the life of the contract.

(ii) Adjusting reference price means the market price indicator in effect in the calendar week of the date of delivery, used to determine the change in reference price. In the event one or more applicable reference prices are not (or were not) published, then the term adjusting reference price means the market price indicator for an item as published on the date nearest in time on or prior to the effective calendar date as expressed in (4) below. It is annotated as new reference price in any price adjustment notification (PA) modification issued.

(3) Current unit price means the most current price in effect for the week that the price adjustment provisions discussed in paragraph (c) below begin. This price, expressed as Latest Unit Price in any price adjustment notification issued through contract modifications and/or postings to the DLA Energy web page under the heading Vendor Resources and then Product Price Adjustments shall be the unit price charged to the Government for supplies delivered under the contract.

(4) Date of delivery means the date and time product is received by the requesting activity/vessel. This is shown by signature of receipt by the Government representative for the entire delivery. A single delivery that began on one date and ended on another date shall be considered as received on the date of completion annotated by the Government on the bunker delivery document. Excusable delays in delivery shall be handled on a case-by-case basis by the Contracting Officer

.

(5) Calendar week means a consecutive seven-day period, beginning with Monday, unless otherwise specified in (c)(1) below.

(6) Published means issued in either print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail, unless otherwise specified in (c)(1) below.

(c) Adjustments. The prices payable under this contract shall be the award price increased or decreased by the amount that the reference price shall have increased or decreased through the date of delivery. The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(1) Day of publication.

(i) Platt's bunkerwire and bunkerfuels report. For items employing Platt's Bunkerwire and Bunker Fuels Report, the adjusting reference price in effect on the date of delivery shall be that item's reference price effective (and normally published) on the Tuesday of the calendar week in which the delivery is made, or, in the event there is no publication on Tuesday of that week, it shall be the item's reference price as last previously published prior to that Tuesday.

(ii) Platt’s Oilgram price report. For items employing Platt's Oilgram Price Report, Spot Price Assessment, the adjusting reference price in effect on the date of delivery shall be that item's reference price in effect for the Monday of the calendar week in which the delivery is made, or, in the event there is no price for that Monday, it shall be the item's reference price in effect for the date nearest in time prior to that Monday. For items employing Platt’s Oilgram Price Report, 5 Day Rolling Average, the reference price in effect on the date of delivery shall be the average of that item’s reference price effective for 5 consecutive days ending Friday prior to the calendar week in which the delivery is made. In the event there is no price for any one or more of those 5 days, the reference price shall be calculated by averaging the last 5 days for which prices were in effect on or prior to that Friday.

(iii) AXXIS. For items employing AXXIS, the adjusting reference price shall be that item’s reference price in effect for the Thursday of the calendar week prior to the date that delivery is made. In the event there is no price for that Thursday, it shall be the item’s reference price in effect for the date nearest in time prior to that Thursday.

(iv) Oil price information service (OPIS). For items employing OPIS, the adjusting reference price in effect on the date of delivery shall be that item’s reference price published, in print, on the Monday of the calendar week in which delivery is made. In the event there is no publication in that week, it shall be the item’s reference price as last previously published in the print edition.

Note: Generally, the Monday print edition of OPIS contains the prices in effect for the prior Thursday. However, the Monday print edition of OPIS may contain prices for a date other than the prior Thursday. In any event, the prices appearing in the Monday print edition shall have control.

(v) When a combination of two different publications is utilized, the applicable reference dates will be stated in paragraph (f) below, unless paragraph (f) references an attachment, in which case the reference dates will be provided in that attachment .

(vi) Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (http://www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correct is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or Contractor can show that the price referenced should be reviewed.

(2) Calculations.

(i) If averages are published within a given publication, then these averages will be used.

(ii) For prices in U.S. gallons, if averages are not available within a given publication, DLA Energy calculated averages, carried to six decimal places, rounded, will be used based on the low and high prices. For prices in metric tons, if averages are not available within a given publication, DLA Energy calculated averages, carried to two decimal places, rounded, will be used. For domestic contract line items, DLA Energy conversions from metric tons to gallons shall be calculated based on the conversion factors Instruction for the applicable publication reference product. Barrels shall be converted using the DLA Energy conversion factors Instruction line for barrels to gallons. The above shall apply unless cited differently in the Table in (f) below.

(iii) For domestic contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including six decimal places, rounded. For overseas contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including two decimal places, rounded.

(iv) For domestic contract line items, the final adjusted unit price will always consist of a number including six decimal places, rounded. For overseas contract line items, the final adjusted unit price will always consist of a number including two decimal places, rounded.

(3) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions – Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustments. The Contractor agrees that the total increase in any contract unit price shall not exceed [buyer fill-in applicable upward ceiling]_ percent of the award price, except as provided hereafter:

(i) 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 an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues 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.

(5) Revision of reference price. In the event—

(i) Any applicable reference price (market price indicator) is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the reference price consistently and substantially fails to reflect market conditions--the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on or just prior to the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions – Commercial Items clause of the contract.

(d) Examination of records. The Contractor agrees that the Contracting Officer or designated representatives 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.

(e) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(f) TABLE. The following publication(s)/date(s) apply: [buyer fill-in of applicable information].

Note to buyer: - select one of the following choices:

(1) Insert the following table when the solicitation does not contain numerous items:

Base reference Base reference Base reference Base reference

Item no. publication heading date price

or

(2) (at Contracting Officer’s discretion) Insert for Ships’ Bunker programs when the solicitation is for a major program buy:

“See the continuation pages to this clause at Attachment C for a listing of each line item, the applicable publications for each line item, as well as the applicable reference heading, base reference date and base reference price.”

The Contracting Officer shall insert the appropriate table at Attachment C.

(End of Clause)

52.217-9000 Data Pricing, Evaluation, And Award.

As prescribed in 17.7601-94, insert the following provision:

EVALUATION AND AWARD (DEC 2011)

(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 contract line-items (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 and Fixed Price with Economic Price Adjustment Portions.

As prescribed in 17.203(d), insert the following or similar clause:

OPTION TO EXTEND THE TERM OF THE CONTRACT - SEPARATE FIRM FIXED PRICE AND FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT (EPA) PORTIONS (NOV 2011)

(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 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 (DEC 2011)

(a) The product described in the Purchase Order Text (POT) or Procurement Item Description (PID)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 “superseding 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 POT or PID or be physically, mechanically, electrically, and functionally interchangeable with a product cited in the POT or PID, including additional requirements referred to in the POT or PID, if any.

Exact product – applies to contract line-item(s) (CLIN(s)): . . . . . . . . . . . . . . . . . . . .

Alternate/previously reverse-engineered product – applies to CLIN(s):

Superseding part number – applies to CLIN(s): . . . . . . . . . . . . . . . . . .

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 POT or PID ; modified (if necessary) to conform to any additional requirements set forth in the POT or PID ; 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 POT or PID.)

For any Offeror other than the manufacturer cited in the POT or PID, 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 POT or PID offering its corresponding part number as cited in the POT or PID;

(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; 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 POT or PID 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 POT or PID; 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 POT or PID; 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 POT or PID (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 POT or PID. 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 POT or PID; or, if not specified in the POT or PID, are as follows: [buyer insert (a), (b), (c), or (d), as applicable, if the POT or PID 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 POT or PID or in this subparagraph (c)(3), then subparagraph (i) below applies.)

(i) 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 POT or PID, sufficient to establish that the Offeror's product is equal to the product cited in the POT or PID.

(ii) Adequate proprietary (i.e., limited rights) data: This Agency possesses adequate drawings and/or specifications for the exact product as cited in the POT or PID, 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.

(iii) 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 POT or PID, sufficient to establish that the Offeror's product is equal to the product cited in the POT or PID.

(iv) 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 POT or PID. 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, 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 appropriate 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. The level of technical data that the Government has available for use to evaluate the acceptability of an alternate product offered, and the corresponding level of technical data that must be furnished with an offer of alternate product, will be identified either in the POT or PID or in paragraph (c)(2) of the provision at 52.217-9002. If the level of data and submission requirements are not identified in either of these locations in the solicitation, then 52.217-9002(c)(3)(i) applies.

(i) For solicitation numbers beginning with SPM7 or SPE7:

DLA Land and Maritime

Directorate of Procurement

Alternate Offer Monitor, BPP

Post Office (P.O.) Box 3990

Columbus, Ohio 43218-3990

(ii) For solicitation numbers beginning with SPE4 or SP0:

DLA Aviation

Office of the Competition Advocate

Attention: Small Business Office, DU

8000 Jefferson Davis Highway

Richmond, Virginia 23297-5100

(iii) For solicitation numbers beginning with SPM1, SPM2, SPM3, SPM5, or SPM8:

DLA Troop Support

Attention: (see note below)

700 Robbins Avenue

Philadelphia, Pennsylvania 19111-5096

Note: The address (attention line) will change based on the 5th digit of the PIIN as follows:

SPM1= Clothing and Textile (C&T)

SPM2 = Medical

SPM3 = Subsistence

SPM5 = formerly Aviation or L&M detachments (currently called hardware)

SPM8 = Construction and equipment (C&E)]

(iv) For solicitation numbers beginning with SPRRA1 and SPRRA2 of the PIIN:

Defense Logistics Agency – DLA Aviation

Office of the Competition Advocate

Building 5201

Redstone Arsenal, AL 35898

(v) For solicitation numbers beginning with SPRPA1 of the PIIN:

DLA Philadelphia

Competition Advocate Office

700 Robbins Avenue Building 1

Philadelphia, Pennsylvania 19111-5098

(v) For Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) - DLA Land and Maritime solicitations beginning SPRDL1 of the PIIN:

Defense Logistics Agency

DLR Procurement Operations - ZG

6501 East Eleven Mile Road

Warren, Michigan 48397-5000

(vi) For Communications-Electronics Command (CECOM) DLR-DLA Land and Maritime solicitations beginning SPRBL1 of the PIIN:

Defense Logistics Agency

Depot Level Repairable (DLR) Procurement Operations

Aberdeen, Maryland 21005

(d) “Superseding part number.”

(1) The Offeror must indicate that a “superseding part number” is being offered if the offered item otherwise qualifies as an “exact product,” except that the part number cited in the POT or PID has been superseded. 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 or SPM, any data to be furnished with an offer of a “superseding 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.

Contract line item number(s) (CLINS) _____________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,” “superseding part number,” or “previously-approved product”), Offerors shall provide the commercial 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), (e), or (f) 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 “superseding 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 following dollar savings threshold, 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 and is $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 POT or PID 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 without liability from the Government to the submitter, 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 Federal Acquisition Regulation (FAR) clause 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 Defense Federal Acquisition Regulation Supplement (DFARS) clause 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 (NOV 2011)

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 Federal Acquisition Regulation (FAR) clause 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.

As prescribed in 17.9205, insert the following clause:

REOPENER CLAUSE - COST OF SPECIFIED DIRECT MATERIALS / OTHER DIRECT COST ITEM (NOV 2011)

(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 standard form (SF) 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 (Federal Acquisition Regulation (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 (date) 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, free on board (f.o.b.) origin, provided in a 14 March 199 response (reference request for quote (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 (#), 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 FY 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.

As prescribed in 17.9205, insert the following clause:

REOPENER CLAUSE - PENDING INDIRECT RATES PROPOSAL (NOV 2011)

(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 (Federal Acquisition Regulation (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 20##;

(2) Delay in agreement on rates for this contract, which represents a substantial portion of the Contractor's business base for fiscal year 20##;

(3) Delay in completion of the mandatory independent research and development/bid and proposal (IR&D/B&P) advance agreement with the Contractor or agreement on the Contractor's corporate allocation for fiscal year 20##, 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 (FY) 20##.

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 20## FY 20##

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) __________ __________

General and Administrative

(G&A) Expenses Pool __________ __________

Total Cost Input Base (a+b+c+d+e) __________ __________

G&A Expenses % __________ __________

Contract Price Calculations (Contract line-item (CLIN) ):

FY 20## FY 20##

Direct Materials $ __________ $ __________

Other Direct Costs __________ __________

Material Overhead ( % / %) __________ __________

Direct Labor Hours ( hours/ hours) __________ __________

Direct Labor Costs __________ ___________

Labor Overhead ( % / % of direct labor hours) __________ __________

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.

As prescribed in 17.9304(a), insert the following clause.

SURGE AND SUSTAINMENT (S&S) REQUIREMENTS (NOV 2011)

This solicitation includes items that are critical to support the Department of Defense’s ability to conduct contingency operations. These items are designated as the S&S requirements, including the Services’ go-to-war requirements. S&S requirements are identified in the schedule of supplies as monthly wartime rate (MWR) or D1-D6 schedule in the solicitation, and are in addition to peacetime quantities. The objective of this requirement is to obtain contractual coverage to meet the S&S quantities and sustainable accelerated delivery specified in this solicitation. S&S coverage includes access to production capability as well as vendor owned or managed inventory/safety stocks. Offerors will be evaluated on their ability to meet the terms and conditions of the S&S requirements. S&S requirements are defined as follows:

(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, to support increased requirements with accelerated delivery, such as for Department of Defense (DOD) contingencies or emergency peacetime requirements. This capability includes both the ability to ramp-up to meet accelerated delivery and/or increased quantities (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 Accelerated Delivery Schedule are identified on an individual item basis, based on the Services’ wartime planning requirements. The surge quantities are identified by Monthly Wartime Rate (MWR) as a percentage or an exact number; however, some items may require different delivery schedule such as D1-D6 schedule. The S&S quantity and delivery requirements are above and beyond the peacetime requirements.

(c) S&S Capability Assessment Plan (CAP), (previously referred to as the “Surge Plan”). The CAP provides the offeror’s method of covering S&S 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 foot 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 or D1-D6 (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 or D1-D6.

(6) The S&S quantity and delivery requirements can be partially covered (the supplier can only provide a portion of the MWR or D1-D6 quantities specified), and includes an investment strategy that would improve the supplier’s capability to deliver at the MWR or D1-D6.

(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 or D1-D6.

(d) Stock rotation plan. The CAP must include a stock rotation plan for Government or supplier S&S investments (e.g., lead-time materials that are 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.

(e) Exit strategy. The CAP must include a proposed exit strategy describing how to transition and ramp-down S&S assets and/or Government investment. 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.

(f) Government investments. Use of Government investment may be considered to address S&S coverage shortfalls as specified under (c)(3) to (7) above when it is in the Government’s best interest. Use of Government investment is limited per clause 52.217-9010. Contracting Officer (CO) approval is required for any Government investment request and any investment costs incurred by the supplier without the explicit written approval of the Contracting Officer are the sole responsibility of the supplier.

(g) 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 a S&S validation/test plan that defines how the S&S capability can be verified when

(1) complex industrial and manufacturing processes are involved, or

(2) the supplier methodologies for gaining visibility over supplier base capabilities within an existing structure to 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.

(h) 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 verify the S&S capability as described in the approved CAP. Validation/testing may include any methodology that can verify the supplier’s S&S capability. Validations will be conducted on randomly selected items by the Industrial Specialist after contract award and may be conducted throughout the contract period. Validation includes, but is 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 by the Contracting Officer. 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.

(i) Supplier notification of S&S capability changes. The supplier agrees to maintain S&S capability to produce and/or deliver the S&S quantity identified in the Schedule of Supplies in accordance with the approved CAP and S&S terms and conditions throughout the life of the contract. Changes that negatively impact S&S capability must be reported in writing to the Contracting Officer 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.

(j) Government changes, Additions and Deletions to S&S Coverage. 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.

(k) Early or unexpected S&S requirements. The supplier shall 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, and (2) for requirements exceeding those agreed upon in the Schedule and the CAP, if agreed to by the Contractor and not exceeding any applicable contract maximum dollar value or quantity. The Government reserves the right to obtain S&S requirements from other sources without liability to the supplier.

(l) S&S execution. The Government will issue a surge order or series of orders equaling the MWR or D1-D6 each month, when executing S&S requirement. S&S orders are in addition to any other requirements included in the contract and do not excuse the Contractor from compliance with orders for non-S&S requirements. The order limitations clause applicable to peacetime requirements does not apply to the surge quantities if it conflicts with the quantity necessary to support a contingency. The Government reserves the right to order less than the MWR or D1-D6 quantity as specified on each surge order. Multiple orders for the same NSN may be issued to support multiple contingencies. The Government reserves the right to order in excess of the MWR or D1-D6 provided the supplier accepts the order.

(1) When a surge order is issued and Government investment is 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 (90) days to support future S&S requirements.

(2) When a surge order is issued and no Government investment is 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 (90) days to support future S&S requirements.

(m) Contract expiration or termination. The Contracting Officer will notify the supplier and exercise the approved S&S exit strategy in accordance with the terms and conditions of the contract. The exit strategy must 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 eliminated by the requiring customer(s). When exercising the exit strategy, the supplier 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)

Alternate I. Surge and Sustainment (S&S) requirements – alternate I.

As prescribed in 17.9303(c)(2)(A), insert the following alternate clause.

SURGE AND SUSTAINMENT (S&S) REQUIREMENTS – ALTERNATE I (NOV 2011)

This solicitation includes items that are critical to support the Department of Defense’s ability to conduct contingency operations. These items are designated as the S&S requirements, including the Services’ go-to-war requirements. S&S requirements are identified as “Surge Quantity Option” expressed in a percent or exact quantity in this solicitation, and are in addition to peacetime quantities. The objective of this requirement is to obtain contractual coverage to meet the S&S quantities and sustainable accelerated delivery specified in this solicitation. S&S coverage includes access to production capability as well as vendor owned or managed inventory/safety stocks. Offerors will be evaluated on their ability to meet the terms and conditions of the S&S requirements. S&S requirements are defined as follows:

(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 Department of Defense (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 Accelerated Delivery Schedule are identified on an individual item basis, based on the Services wartime planning requirements. The surge quantity option is expressed as a percent or an exact number with a sustainable accelerated delivery. The S&S quantity and delivery requirements are above and beyond the peacetime requirements in the schedule of supplies.

(c) S&S Capability Assessment Plan (CAP), (previously known 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.

(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.

(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 surge quantity option (e.g., the surge quantity option calls for 50% of estimated annual demand quantity or an exact quantity of 20 boxes) every 10 days, and the vendor can meet the schedule starting in the third ordering period but needs Government investment to become 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 surge quantity option.

(6) The S&S quantity and delivery requirements can be partially covered (the supplier can only provide a portion of the surge quantity option specified), and includes an investment strategy that would improve the supplier’s capability to deliver at the surge quantity option.

(d) Government Investments. Use of Government investment may be considered to address S&S coverage shortfalls as specified under (c)(3) to (7) above only when it is in the Government’s best interest. Use of Government investment is limited per clause 52.217-9010. Contracting Officer (CO) approval is required for any Government investment requests and any investment costs incurred by the supplier without the explicit written approval of the Contracting Officer are the sole responsibility of the supplier.

(e) 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 verify 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 after contract award and throughout the contract period. 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.

(f) Supplier notification of S&S capability changes. The supplier agrees to maintain S&S capability to produce and/or deliver the S&S quantity identified in the Schedule of supplies in accordance with the approved CAP and S&S terms and conditions throughout the life of the contract. Changes that negatively impact S&S capability must be reported in writing to the Contracting Officer 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.

(g) 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 will 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.

(h) Early or Unexpected S&S Requirements. The supplier shall 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, and (2) for requirements exceeding those agreed upon in the Schedule and the CAP, if agreed to by the Contractor and not exceeding any applicable contract maximum dollar value or quantity. The Government reserves the right to obtain S&S requirements from other sources without liability to the supplier.

(End of Clause)

52.217-9007 Surge and Sustainment (S&S) Instructions to Offerors.

As prescribed in 17.9304(b), insert the following clause.

SURGE AND SUSTAINMENT (S&S) INSTRUCTIONS TO OFFERORS (DEC 2011)

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):

Offerors must submit a CAP that describes the method and capability to meet the surge requirements identified as Monthly Wartime Rate (MWR) or D1-D6 in the solicitation. (See 17.9301.) The CAP must also include the supplier’s investment plan, stock rotation plan, and a proposed exit strategy to support the S&S requirement.

Offerors shall complete the electronic CAP (eCAP)] online using website http://wicap.hq.dla.mil/wicap . Offerors shall print a copy of the CAP summary and submit it as part of the proposal. Any changes to the CAP before solicitation closing date or after contract award must be done using the website identified above. Instructions, examples and points of contact for the CAP are available on the website. The following are exceptions to the instruction to use eCAP:

(1) For subsistence, use the industrial capability questionnaire tool through the SPIDERS website at https://spiders.dla.mil/Spiders/Home.asp.

(2) For medical items, use the Industrial Preparedness System (IPSYS) industrial capability survey tool through the DLA Troop Support DMMonline Directorate of Medical Materiel, Single Signon Application website at https://dmmonline.dscp.dla.mil/registration/SiteLogin.aspx.

(b) Validation/Test Plan:

Offerors shall 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 including 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)

Alternate I. Surge and Sustainment (S&S) Instructions to Offerors – Alternate I.

As prescribed in 17.9303(c)(2)(A), insert the following alternate clause.

SURGE AND SUSTAINMENT (S&S) INSTRUCTIONS TO OFFERORS – ALTERNATE I

(NOV 2011)

(a) Offerors shall provide a detailed approach for covering S&S requirements in the Capability Assessment Plan and, if required, a validation/test Plan.

(b) Capability Assessment Plan (CAP).

(1) Offerors shall submit a CAP that describes the method and capability to meet the surge requirements identified in the solicitation. The CAP must also include the supplier’s investment plan, stock rotation plan, and all other information in Section ____ of the solicitation.

(2) Offeror must complete and print the CAP summary for submittal as part of the proposal or the offer. Additionally, any attachments cited in the CAP must be submitted as part of the offer.

(End of Clause)

52.217-9008 Surge and Sustainment (S&S) Evaluation.

As prescribed in 17.9304(c), insert the following clause.

SURGE AND SUSTAINMENT (S&S) EVALUATION (NOV 2011)

Surge and Sustainment capability is a requirement in this solicitation. The S&S evaluation will be based on the Capability Assessment Plan (CAP), test/validation plan (if required), surge costs/prices, and S&S performance history (see (c) below). The offeror’s proposal may be deemed unacceptable 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. S&S will be evaluated as follows:

(a) Capability Assessment Plan Evaluation. The offeror’s CAP will be reviewed and assessed for responsiveness, completeness, technical merit, and S&S performance history (see (c) below). The CAP must demonstrate the offeror’s ability to provide the full S&S quantity and delivery requirements as specified in the solicitation; 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) Evaluation. The offeror’s Validation/Test Plan will be evaluated to determine the extent to which the plan accurately measures the stated capability in the offeror’s CAP. If the offeror requests Government investment to conduct the test, the Contracting Officer will make a unilateral determination to whether Government investment will be provided and, if it is, which phase(s) of the S&S capability testing will be funded (e.g., test plan development, testing and/or test plan report).

(c) S&S Performance History Evaluation. The quality and extent of the offeror’s historical surge support performance will be considered in the evaluation. In the absence of or in addition to historical S&S capability support, the Contracting Officer 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. This aspect of the offeror’s past performance will not be considered in the evaluation of the past performance evaluation factor in this solicitation.

(End of Clause)

Alternate I. Surge and Sustainment (S&S) Evaluation – Alternate I.

As prescribed in 17.9303(c)(2)(A), insert the following alternate clause.

SURGE AND SUSTAINMENT (S&S) EVALUATION – ALTERNATE I (NOV 2011)

Surge and Sustainment capability is a requirement in this solicitation. The S&S evaluation will be based on the Capability Assessment Plan (CAP) and the quality and extent of the offeror’s S&S past performance. The offeror’s proposal may be deemed unacceptable 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. S&S will be evaluated as follows:

(a) Capability Assessment Plan Evaluation. The offeror’s CAP will be reviewed and assessed for responsiveness, completeness, technical merit, and S&S past performance. The CAP must demonstrate the offeror’s ability to provide the full S&S quantity and delivery requirements as specified in the solicitation; 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) S&S Performance History Evaluation. The quality and extent of the offeror’s previous S&S performance will be considered in the evaluation. In the absence of or in addition to DLA S&S past performance, the Contracting Officer 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. This aspect of the offeror’s past performance will not be considered in the evaluation of the past performance evaluation factor in this solicitation.

(End of Clause)

52.217-9009 Surge and Sustainment (S&S) Pricing.

As prescribed in 17.9304(d), insert the following clause.

SURGE AND SUSTAINMENT (S&S) PRICING (NOV 2011)

(a) When pricing S&S items, the offeror will use a six-month period for the purpose of providing the offered prices for S&S requirements. 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 price reasonableness and cost realism in accordance with Federal Acquisition Regulation (FAR) 15.404-1 and 15.403. If proposed surge prices are higher than the peacetime prices, the Government reserves the right to request information other than cost or pricing data, or, if applicable, certified cost or pricing data to determine price reasonableness and cost realism. A breakdown of the costs attributable specifically to surge may be requested. Information supporting offered surge prices must include sufficient description explaining the causes of the price difference. The information shall be provided as a separate attachment to the proposal and may be submitted in the offeror’s own format unless the Contracting Officer requires a specific format described in the solicitation.

(c) In accordance with FAR 15.403-4, the Truth in Negotiation Act (TINA) threshold includes S&S prices. If TINA is applicable, the Contracting Officer must obtain a certified cost or pricing data if none of the exceptions in 15.403-1(b) applies. If the S&S pricing exceeds the peacetime pricing, the additional information referred to in paragraph d. below is subject to certification, as applicable, in accordance with FAR 15.406-2.

(d) The offeror should provide a proposal that contains the offeror's best terms from a price and technical standpoint. When S&S pricing exceeds peacetime pricing, the offeror’s proposal must identify the additional costs, if any, for supporting S&S requirements that are above the costs associated with peacetime buys, such as premium pay for overtime and/or additional shift, cost of expedited delivery of materials from sub-tier suppliers, minimum purchase quantities from sub-tier suppliers, 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.

As prescribed in 17.9304(e), insert the following clause.

LIMITATIONS ON USE OF SURGE AND SUSTAINMENT (S&S) GOVERNMENT INVESTMENT (NOV 2011)

(a) The CAP must include the offeror’s investment strategy in accordance with 52.217-9006. In the event the S&S 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 before receiving written approval of Government investment 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 shall notify the Contracting Officer immediately upon knowledge of the change and shall submit, within 30 days thereafter, 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. The 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 must ensure that newest materials are available for production and no material is held beyond its shelf-life expiration date, and use of Government investments (e.g., lead-time materials) is only authorized to support 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)

52.217-9011 Provisioning.

As prescribed in 17.7601-92(a), insert the following clause:

PROVISIONING (DEC 2011)

(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 Department of Defense (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 Department of Defense (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 the 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 contiguous United States (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.

As prescribed in 17.9508(a), insert the provision/clause in solicitations/contracts.

TAILORED LOGISTICS SUPPORT PURCHASING REVIEWS (NOV 2011)-

(a) 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 (DCMA), Defense Contract Audit Agency (DCAA), 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.

(b) 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:

(1) 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 Federal Acquisition Regulation (FAR) Subpart 15.4 and FAR 31.201-3.

(2) 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.

(c) 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.

(d) 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.

(e) 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 number _____________ 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)

52.217-9018 Supply Assurance Through Multisource Contracting.

As prescribed in 17.9004, insert the following provision:

SUPPLY ASSURANCE THROUGH MULTISOURCE CONTRACTING (NOV 2011)

(a) The Government reserves the right to make multiple awards to assure the availability of supplies when first article testing is required, if the Contracting Officer determines that the item(s) to be procured is (are) not available in the marketplace for immediate delivery. In such cases, it may be in the Government's best interests to increase the likelihood of supply availability by making awards to both an unproven and a proven source of supply for this item, or by making awards to more than one unproven source of supply, if there are no sources currently waived for the first article test requirement. A proven source is defined as a currently waived for the first article test requirement source that meets the criteria for first article waiver.

(b) When a multisource award basis exists, the Contracting Officer will award the larger portion of the total requirement to the offeror that represents the best value to the Government based on the evaluation scheme included in the solicitation.

(1) If awards will be made to a proven source as well as an unproven source, the source that represents the best value to the Government shall receive not less than 60% of the total requirement.

(2) If awards will be made to two unproven sources, the source that represents the best value to the Government shall receive not less than 60% of the total requirement.

(c) Unless an offeror otherwise qualifies its offer, unit prices submitted for the total requirement will apply to any partial awards.

(d) In the event that an unproven source fails to complete first article testing requirements, the Government may increase the quantity of supplies called for in the schedule of this contract to the proven source (one that has successfully met first article requirements), at the unit prices specified, up to and including 100% of the quantity awarded to the unproven source. This option is separate and distinct from any other option provision included in this contract.

(End of Provision)

52.217-9020 Corporate Contract Fill Rate and Unfilled Orders.

As prescribed in 17.9700(a), insert the following clause:

CORPORATE CONTRACT FILL RATE AND UNFILLED ORDERS (AUG 2008)

(a) Definitions. As used in this Clause:

(1) "Fill rate" means the percentage of the total quantity of the items ordered which are shipped within ____ days of receipt of order. For example, if ten orders of ten each are received and eight shipments of 10 each and one shipment of five each are made in response to nine of the orders, a fill rate of 85% has been obtained. The fill rate achieved during each semiannual period will be used to set the authorized markup for the following period.

(2) "Receipt of the order" means the date on which the electronic transmission of the requisition/delivery order is made from the supply chain to the Contractor. Requisitions will be issued for DLA owned stock. Delivery orders will be issued for new material.

(3) "Shipment" means the date on which the item is delivered by the Contractor to the designated carrier.

(b) The Contractor agrees to provide a fill rate of ____% for the items included on this contract. If the agreed upon fill rate of ____% is achieved the markup to the contract price which the Contractor is authorized to charge is %. If a fill rate lower than ____% but greater than or equal to ____ is realized, the authorized markup is reduced to ____%. If a fill rate less than ____ but greater than or equal to ____ is realized, the authorized markup is reduced to ____%.A fill rate of less than ____% is determined to be an unacceptable level of performance. If the calculated fill rate is less than ____% for two successive contract periods, the Government may terminate the contract for default; however, if the contract is not terminated, the authorized markup for a fill rate less than ____% is reduced to ____%.

(c) Items for which orders are received in the first 6 month period that cannot be filled for any of the following reasons will not be used in the Fill Rate calculation:

(1) If no Government stock is transferred and the lead time to obtain stock is greater than the time between the inclusion of the item on the contract (i.e. contract award or contract modification) and the time in which the item would normally be included in the fill rate calculation for the next contract period, then the item will not be used in the fill rate calculation.

(2) If the Government due in is not received by the Contractor, then the item will not be used in the fill rate calculation.

(3) If the Contractor receives order(s) for quantities greater than the Government-provided annual demand estimate, then the item will not be used in the fill rate calculation.

(d) The fill rate will be calculated semiannually on a cumulative basis for all orders received in the semiannual contract period. In order to avoid administrative difficulties, the period of time used to calculate the fill rate and the period of time to which a particular authorized markup applies will not coincide. The Contractor will calculate the fill rate for the preceding six months when the tenth month of the contract is completed. The calculated fill rate and the date on which this calculation is based will be provided to the DPRO and the supply chain within 30 days after completion of the tenth month and after the completion of each subsequent six month period for confirmation and concurrence of fill rate.

(e) The percentage of on time shipments will be calculated on a semiannual basis. For purposes of this clause only, dates will be calculated starting with the first complete day after receipt of the order. For example, if the order is received at 4:00 p.m. on Monday, shipment at any time during Tuesday will be counted as shipping on the first day. For purposes of this clause only, months will be calculated starting with the first complete calendar month after the beginning of the contract. For example, if the contract is issued on Aug 12, 2007, the first month is September, 2007. Complete records of the fill rate will be maintained by the Contractor and made available for Government inspection.

(f) The Government will prepare a modification to the contract adjusting the authorized markup as needed effective the beginning of the thirteenth month of the contract (or other definitive period). The subsequent periods for fill rate calculation and authorized markup adjustment will be every semiannual period. The authorized markup for the initial twelve month contract period is ____%.

(g) A backorder is defined as a requirement for an item which cannot be filled within ___ days of receipt of order. The Contractor agrees to ship ___% of all backordered items within 90 days of receipt of the order. Receipt of the order is defined as the date on which the electronic transmission of the requirement is made from the supply chain to the Contractor. Shipment is defined as the date on which the item is delivered by the Contractor to the designated carrier. The percentage of backorders filled on time will be calculated on a semiannual basis concurrent with the fill rate calculations.

(End of Clause)

52.217-9022 Provisioning Documentation is Waived.

As prescribed in 17.7601-95, insert the following clause:

PROVISIONING DOCUMENTATION IS WAIVED (DEC 2011)

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)

(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 - DLA Troop Support Subsistence.

As prescribed in 17.7302(90) insert the following clause:

SPECIAL PROVISIONS FOR BULK MILK DISPENSING EQUIPMENT - DLA TROOP SUPPORT SUBSISTENCE (NOV 2011)

(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)

52.217-9029 Exercise Quantity Options.

As prescribed in 17.208(d)(90), insert the following clause:

EXERCISE QUANTITY OPTIONS (OCT 2011)

(a) The Government may require delivery of additional supplies in accordance with the line items identified as Quantity Options in the Schedule.

(b) The option may be exercised in one or more increments from time of award of the basic contract through 14 days prior to the end of the contract. The total quantity of supplies ordered under this option will not exceed the maximum specified in the Schedule for the applicable Option line item but may be less than the maximum quantity. A written notice mailed or otherwise furnished by the Contracting Officer to the Contractor within the time specified in this paragraph shall constitute an exercise of the option.

(1) Delivery of option quantities shall be required within the same number of days as specified in the basic contract for the item(s), less any time provided in the contract for the production, testing, approval, or waiver of First Article Test. If additional time is required for delivery of the option quantity, the Contractor must submit a written request to the Contracting Officer within 10 days after receipt of option exercise notice.

(2) The Contractor will not be required to deliver option items prior to the earliest delivery date for the basic contract award line items.

(c) If the specifications are changed prior to option exercise or if the option exercise specifies delivery points or packing requirements other than stated in the basic contract, the price and delivery time for the option exercise quantity shall be subject to adjustment, as provided by the contract.

(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 (NOV 2011)

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, Federal Prison Industries, Incorporated (FPI) shall also be permitted to compete for, and could receive award of, the acquisition.

(End of Provision)

52.219-9002 Defense Logistics Agency (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)

(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 (“AbilityOne”) 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 protégé, 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 protégé 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 protégé 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 protégé 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 Defense Logistics Agency (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)

(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 protégé 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 protégé(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 protégé 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 (NOV 2011)

(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 electronic commerce/electronic data interchange (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 Federal Acquisition Regulation (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)

52.219-9005 [Reserved.]

52.219-9006 [Reserved.]

52.219-9007 [Reserved.]

52.219-9008 Combined HUBZone/Small Business Set-Aside Instructions – Type 1.

As prescribed in 19.508(90)(a), insert the following clause:

COMBINED HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZONE)/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 1 (NOV 2011)

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 (Federal Acquisition Regulation (FAR) clause 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 HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZONE)/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 2 (FEB 2006)

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 (Federal Acquisition Regulation (FAR) clause 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)

52.219-9010 [Reserved.]

52.219-9011 [Reserved.]

52.219-9012 [Reserved.]

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 (NOV 2011)

(a) 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 (Federal Acquisition Regulation (FAR) clause 52.219-27); then, if no qualified quote is received from an SDVOSB concern at a fair market price,

(2) Historically underutilized business zone (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).

(b) 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 (NOV 2011)

(a) 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 (Federal Acquisition Regulation (FAR) clause 52.219-27); then, if no qualified quote is received from a SDVOSB concern at a fair market price,

(2) Historically underutilized business zone (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).

(b) 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 (NOV 2011)

(a) 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 (Federal Acquisition Regulation (FAR) clause 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).

(b) 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 (NOV 2011)

(a) 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 (Federal Acquisition Regulation (FAR) clause 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).

(b) 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 (NOV 2011)

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 Federal Acquisition Regulation (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 (NOV 2011

(a) A portion of this acquisition has been set-aside for small business concerns in accordance with Federal Acquisition Regulation (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)

52.219-9018 Notification of Subcontracting Plan.

As prescribed in 19.705-2, insert the following clause:

NOTIFICATION OF SUBCONTRACTING PLAN (NOV 2011)

When requested by the Contracting Officer, the apparent successful offeror must submit within ____________ (buyer fill-in) calendar days its subcontracting plan in accordance with Federal Acquisition Regulation (FAR) clause 52.219-9 (for negotiated acquisitions) or FAR 52.219-9 Alternate I (for sealed bid acquisitions).

Failure to respond to the Contracting Officer's request by furnishing a subcontracting plan or evidence to establish that no subcontracting will be required for the specific purpose of performing the proposed award shall be cause for rejection of offer.

Where a commercial product is offered and a company or division wide plan has been previously submitted and approved, the offeror shall submit a copy of the approved plan along with evidence of prior approval.

In order to facilitate and expedite the processing of a subcontracting plan when requested by the Contracting Officer, the offeror shall furnish the data elements in the same sequence as set forth in FAR 52.219-9(d).

If the contract contains a requirement to submit an Individual Subcontract Report (ISR) or Summary Subcontract Report (SSR) to the DCMA, follow instructions for submitting a report as provided at FAR 52.219-9.

(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 2011)

(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 United States Code (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 Clause)

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 (NOV 2011)

(a)(1) This clause is to be used in conjunction with Federal Acquisition Regulation (FAR) clause 52.223-3, Hazardous Material Identification and Material Safety Data, and Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.223-7001, Hazard Warning Labels. Notwithstanding paragraph 4 of the latest Federal Standard (FED-STD) 313, the apparently successful offeror shall submit Material Safety Data Sheets (MSDS) and accompanying Hazard Warning Labels (HWLs) to the Contracting Officer for review and approval prior to award.

(2) The MSDS must cite the solicitation number, the applicable Commercial and Government Entity (CAGE) code of the manufacturer, the part number, and, where so identified, the National Stock Number (NSN).

(3) Once submitted under the terms of this contract and approved in accordance with paragraph (1) of this clause, the MSDS and HWLs will be valid for the term of the contract, unless there is a change in the composition of the item or the requirements of FED-STD 313.

(End of Clause)

52.223-9001 Estimate of Re-Refined Oil Content.

As prescribed in 23.406-90 insert the following clause:

ESTIMATE OF RE-REFINED OIL CONTENT (AUG 2007)

(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 Code of Federal Regulations (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)

52.223-9002 Anti-Stain Treatment (Untreated Wood Products).

As prescribed in 23.705-90 insert the following clause:

ANTI-STAIN TREATMENT (UNTREATED WOOD PRODUCTS) (SEP 2008)

(a) Anti-Stain (fungicidal type) treatment is required for control of sapstain and mold-producing fungi and bacteria. The solution is to be water-based with the composition, concentration, and application specified by the chemical supplier. The solution shall not appreciably change the color of the wood to which it is applied. Chemicals used in the treating solution must be environmentally acceptable to the country of destination and mercury-free.

The following only applies to wood products (except timbers) which are 4 inches wide or greater:

(b) The above statement applies only if material is supplied with a moisture content greater than 19%. Moisture content of 19% or less shall be indicated on the grade stamp, i.e., S-DRY, KD 19.

(End of Clause)

52.223-9003 Marking Dangerous Goods or Hazardous Materials.

As prescribed in 23.303-91, insert the following clause:

MARKING DANGEROUS GOODS OR HAZARDOUS MATERIALS (NOV 2011)

(a) In the shipment of dangerous goods or hazardous materials, the Contractor shall mark outer containers and furnish information as requested by the government transportation office responsible for cargo movement. By shipping the materials, the Contractor warrants that the materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation, according to the applicable regulations of the Department of Transportation (DOT).

(b) The Contractor shall identify hazardous materials as established in:

(1) DOT Hazardous Materials Regulations, Tariff Number BOE-6000, Parts 171-177.

(2) American National Standard for the Precautionary Labeling of Hazardous Industrial Chemicals, 2129.1-1976.

(c) The Contractor shall place all required markings, on outer shipping containers of hazardous materials in accordance with Code of Federal Regulations (CFR) 49, Subpart D, of Part 172 and military standard (MIL-STD) 129P (also see Part 178, 49 CFR for DOT shipping containers and packaging specifications).

(d) The Contractor will insure that the following data is shown on shipping papers:

(1) Description of the dangerous goods article by the true shipping name as shown in the commodity list in 49 CFR 172.101. For export by water only, if shipping is named in a not otherwise specified (N.O.S.) entry, further identification by clear text chemical name is required to be shown in parentheses.

(2) Classification of the item as prescribed in 49 CFR 172.101.

(3) Total quantity by weight, volume, or as otherwise appropriate. For transportation by water, see 49 CFR 172.203(i).

(4) For water shipments only, show name of shipper.

(5) DOT hazard identification numbers (UN or NA) on appropriate shipping documents and Government Bill of Lading. The UN or NA numbers can be found in Sections 172.101, Column 3A or Section 172.102, Column 4 of 49 CFR Parts 100-177. For tank shipments having a capacity of more than 110 gallons, on panels or placards as specified in Section 172.332 of 49 CFR Parts 100-177.

(e) Air Shipments:

(1) For commercial air shipments, the Contractor shall complete the “International Air Transport Association Shipper’s Declaration for Dangerous Goods” form and present it with the shipment to the carrier.

(2) For military air shipments (including military contract airlift), the Contractor shall use a Shipper’s Declaration for Dangerous Goods (MISC PUB 55-3) or local form to certify dangerous goods or hazardous material moving and affix it to outer shipping containers in accordance with military standard (MIL-STD) 129P and Air Force Manual 24-204I (Latest Revision).

(End of Clause)

52.223-9004 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

As prescribed in 23.303-92, insert the following provision:

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA) (SEP 2008)

The Contractor warrants that all pesticidal, insecticidal, fungicidal, etc., chemicals delivered or, utilized in the production of the finished supplies or, utilized in the delivery of services under this contract comply with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Regulations for the Enforcement of the Federal Insecticide, Fungicide and Rodenticide Act. The Contractor specifically warrants that all such pesticidal chemicals utilized were properly labeled for use as applied in the production of the supplies or delivery of the services and that the label of the pesticide utilized was, at the time of production of the supplies or delivery of the services, registered with the Registration Division, Environmental Protection Agency (EPA).

When a pesticidal chemical is required by an applicable specification which, at the time of the bid offering, is not available with an EPA approved label authorizing the use as required in the specification, the FIFRA shall take precedence. In such cases, the Contractor shall request that the Government authorize a deviation from the specification and designate a substitute pesticidal chemical which is, at that time, produced with an EPA approved label designating the use as required by the specification.

The Contractor should indicate registration number(s) for the aforementioned chemicals in the space provided below:

EPA Registration Number

(End of Provision)

52.223-9007 Permission for Mercury (DLA Maritime Norfolk).

As prescribed in 23.303-93, insert the following clause in full text:

PERMISSION FOR MERCURY (DLA MARITIME-NORFOLK) (JUN 2011)

(a) Supplies furnished under this contract will contain mercury or mercury compounds. Each item of such supplies shall be provided with appropriate identification as specified herein. In addition to the shipping container labeling required by the U.S. Department of Transportation, identification shall be applied to unit containers, intermediate containers, and shipping containers. Individual unit identification is not required for individual repair or replacement parts when the size of such parts causes labeling to be impractical.

(b) Supplies furnished under this contract shall be in compliance with the following unless otherwise approved by the Government:

(1) All mercury or mercury compounds shall be potted or otherwise sealed and secured to prevent contamination of the atmosphere or other material or equipment.

(2) Mercury-bearing devices must be contained within a double boundary of confinement; i.e., primary and secondary seals or barriers, the secondary to prevent contamination in event of rupture of the primary.

(c) External surfaces of supplies furnished under this contract shall not be contaminated by mercury or mercury compounds.

(d) The requirements of this clause shall be included in all subcontracts hereunder.

(e) Technical questions pertaining to the requirements of this clause shall be referred to the Contracting Officer via the Government inspector or representative.

(End of Clause)

52.223-9008 Hazardous Chemical Exposure (DLA Maritime Norfolk).

As prescribed in 23.303-94, insert the following clause in full text:

HAZARDOUS CHEMICAL EXPOSURE (DLA MARITIME-NORFOLK) (JUN 2011)

Contractors are informed that their employees present on property under Norfolk Naval Shipyard cognizance may be exposed to hazardous chemicals as a result of shipyard operations. Information on such materials may be obtained from the Shipyard Safety and Health Office, Code 106.1.

Reference: NAVSHIPYDNORINST PS100.56 VOLUME VI CHAPTER II PARAGRAPH 7-J(3)

(End of Clause)

52.225-9000 [Reserved.]

52.225-9001 [Reserved.]

52.225-9002 Foreign Military Sales (FMS) Shipping Instructions.

As prescribed in 25.7302-90, insert a clause substantially as follows:

FOREIGN MILITARY SALES (FMS) SHIPPING INSTRUCTIONS (NOV 2011)

(a) This is a contract administered by the Defense Contract Management Agency (DCMA). To obtain the applicable Government shipping document/instructions, 18 days prior to shipment the Contractor shall use the shipping information request (SIR) web based application available through http://www.DCMA.mil. The Contractor shall also contact the enterprise transportation officer (ETO), Defense Logistics Agency (DLA) Distribution, at delivery@dla.mil or 1-800-456-5507.

(b) The Contractor shall include a certificate of conformance in the box for each FMS line item supplied.

(End of Clause)

52.225-9003 Customs Clearance Procedures for United States (U.S.) Subsistence in the European Union.

As prescribed in 25.902, insert the following clause:

CUSTOMS CLEARANCE PROCEDURES FOR UNITED STATES (U.S.) SUBSISTENCE IN THE EUROPEAN UNION (NOV 2011)

(a) The Contractor will obtain from the appropriate customs clearance officer an Import/Export Declaration (AE Form 302-1). The customs clearance document will be utilized for goods which are the property of, or destined to be the property of the United States (U.S.) Armed Forces for every shipment to the U.S. Government in Europe which enters, leaves, or transits Benelux, Denmark, France, Italy, Spain, Yugoslavia, Macedonia, Turkey and German irrespective of the mode of transportation and point of delivery. The AE Form 302-1 will be processed and distributed as follows:

(1) AE Form 302-1 consists of 1 original and 5 copies, numbered 1 through 6. Contractor will receive from the issuing customs clearance officer of the appropriate Defense Subsistence Office, copies number 1, 2, 3, 5, and 6 plus insert copies of AE Form 302-A as required. Copy number 4 is retained by the issuing customs clearance officer. The Contractor is required to complete columns a, b, and d of all copies when exact quantities are known. When completed, copy number 6 will be returned to the issuing customs clearance officer. The Contractor will use copies number 1, 2, 3, 5 and insert copies to move supplies across applicable border crossings as follows:

(2) Copy number 1 will be used at border point of exit.

(3) Insert copies (AE Form 320-A) will be used to transit multiple countries. One copy will be presented at border entry point and one copy at border exit point. Additional copies may be required for consignees in some countries.

(4) Copy numbers l, 2, and 3 will be presented to the customs office at the border entry point of the consignees country for processing. Copy number 3 will be retained at the border. Copies number 1 and 2 will be returned to the transporter to be delivered to the consignee with the cargo.

(b) The transporter will surrender all copies of customs documents to the consignee upon delivery. Upon receipt and acceptance of the cargo the consignee will complete the certificate of receipt on copies number 1 and 2. The consignee will return copy number 1 to the issuing customs clearance officer. Copy number 2 will be returned to the border entry point to close customs files and release appropriate commercial documents. The transporter may request the completed number 2 copy to hand carry back to the border entry point. This procedure is at the discretion of the consignee since it remains the consignee’s responsibility to return the number 2 copy to the border entry point.

(c) When cargo is rejected the consignee will annotate the rejection on copies number 1 and 2. The transporter will be given a copy (photocopy) of the AE Form 302-1 with rejections annotated and will be instructed to present that copy to customs when returning with the rejected product. Rejected product entering a country through customs on AE Form 302-1 may not be disposed of without proper customs authorization.

(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 (NOV 2011)

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:

DLA Aviation

Attention: _______

8000 Jefferson Davis Highway

Richmond, Virginia 23297-5370

DLA Troop Support

Attention: _____

700 Robbins Avenue

Philadelphia., Pennsylvania 19111-5096

(ii) 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 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.

(iii) In the event corrections are required, the Contracting Officer 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 Contracting Officer 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 number

Model number

National stock number

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 Department of Defense (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) -

(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)

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 (NOV 2011)

(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 Department of Defense (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 approval or disapproval of all contract data submitted in accordance with Department of Defense (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), the Contracting Officer 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) (NOV 2011)

(a) Definitions:

(1) "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.

(2) "Significant Military Equipment" means those articles for which special controls are warranted because of their capacity for military utility or capability.

(3) "Munitions List Items (MLI)" means those items listed on the United States (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) Contract completion and Contractor certification.

(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 Department of Defense (DD) Form 250, will be forwarded by the Government Quality Assurance Representative (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 Significant Military Equipment 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 significant military equipment 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 Department of Defense (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 Department of Defense (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, Attention: AMSTA-AC-PCW-C, Rock Island, Illinois 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 Contracting 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 (NOV 2011)

(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 United States (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 Defense Federal Acquisition Regulation Supplement (DFARS) limited rights legend of 252.227-7013, Rights in Technical Data - Noncommercial Items, 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 Defense Logistics Agency (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 military standard (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 DLA Aviation, Attention: Rights Guard Program, Richmond, Virginia 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 (NOV 2011)

(a) This data can only be transmitted and/or used by Contractors within the United States, its territories and possessions. Canadian and Mexican manufacturers and 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 (FMS) 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 Defense Federal Regulation Supplement (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:

DLA Land and Maritime

Post Office (P.O.) Box 3990

Attention: VTS

Columbus, Ohio 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 DLA Land and Maritime, Attention: 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 (NOV 2011)

(a) The United States Government requires that each bidder/offeror/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:

DLA Land and Maritime

Attention: VTS

Post Office (P.O.) Box 3990

Columbus, Ohio 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 DLA Land and Maritime, Attention: 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 (NOV 2011)

(a) The United States (U.S.) Government requires that each bidder/offeror/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:

DLA Land and Maritime

Post Office (P.O.) Box 3990

Attention: VTS

Columbus, Ohio 43218-3990

(e) 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.

(f) 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.

(g) Prior to obtaining technical data, a certification regarding the use of limited rights technical data form must be on file at the DLA Land and Maritime, Attention: 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.

As prescribed in 28.310, insert the following clause:

INSURANCE (NOV 2011)

(a) 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:

(1) Workers’ Compensation and Employer’s Liability - $150,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.)

(2) General Liability- $500,000 per occurrence

(3) Automobile Liability – Property damage $20,000 per occurrence, bodily injury $200,000 per person and $500,000 per occurrence.

(b) 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)

52.228-9001 Bid Guarantee for Use in Negotiated Acquisitions.

As prescribed in 28.101-2 (90), insert the following clause:

BID GUARANTEE FOR USE IN NEGOTIATED ACQUISITIONS (NOV 2011)

(a) If the solicitation contains Federal Acquisition Regulation (FAR) clause 52.215-1, failure to furnish a bid guarantee in the proper form and amount, by the closing date and time set for receipt of proposals, may be cause for rejection of the offer.

(b) The offeror shall furnish a bid guarantee in the form of a firm commitment, for example, bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States (U.S.). The Contracting Officer will return bid guarantees, other than bid bonds,

(1) To unsuccessful offerors as soon as practicable after award of a contract, and

(2) To the successful offeror upon execution of any contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the offer as accepted.

(c) The amount of the bid guarantee shall be _______ percent of the bid price or $_________, whichever is less.

(d) If the successful offeror, upon acceptance of its offer by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the offeror, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee is available to offset the difference.

(End of Clause)

52.228-9002 Additional Bond Security.

As prescribed in 28.201-2 (91), insert the following clause:

ADDITIONAL BOND SECURITY (NOV 2011)

Documentation of bond security as required by Federal Acquisition Regulation (FAR) clause 52.228-2 shall be the original signed form. Facsimile or photo copies are not acceptable.

(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)

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 United States Department of Treasury Tax-Free Ethyl and Denatured Alcohol Permits.

As prescribed in 29.401-3(90), insert the following clause:

UNITED STATES (U.S.) DEPARTMENT OF TREASURY TAX-FREE ETHYL AND DENATURED ALCOHOL PERMITS (NOV 2011)

(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

Identification (ID) Number: Date: ID number: Date:

(End of Clause)

52.229-9002 Tax Exemption Forms.

As prescribed in 29.401-3(91) insert the following clause:

TAX EXEMPTION FORMS (NOV 2011)

(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 DLA Aviation, 8000 Jefferson Davis Highway, Attention: FASA, Richmond, Virginia 23297, 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)

52.229-9003 Excise Tax Included (No Proof Of Export).

As prescribed in 29.2(90), insert the following clause:

EXCISE TAX (PROOF OF EXPORT) (SEP 2008)

Prices stated herein include all applicable excise tax since proof of export will not be furnished.

(End of Clause)

52.229-9004 Federal Excise Tax.

As prescribed in 29.2(91), insert the following clause:

FEDERAL EXCISE TAX (SEP 2008)

The price offered must exclude federal excise taxes and certificate of export will be furnished by the administrative Contracting Officer.

(End of Clause)

52.229-9005 Federal Excise, State and Local Taxes Excluded From Contract Price.

As prescribed in 29.2(93), insert the following clause:

FEDERAL EXCISE TAX, STATE AND LOCAL TAXES EXCLUDED FROM CONTRACT PRICE

(NOV 2011)

(a) Federal Excise Taxes excluded. Notwithstanding paragraph (b) of Federal Acquisition Regulation (FAR) clause 52.229-3, Federal, State, and Local Taxes --

All contract prices for Benzol, Benzene, and Naphtha exclude the special excise tax imposed by 26 USC Section 4041(a)(2) of the Internal Revenue Code.

(b) State and Local Taxes excluded. Notwithstanding paragraph (b) of FAR 52.229-3, Federal, State, and Local Taxes, all contract prices exclude such of the following state and local taxes as are imposed on the supplies furnished hereunder:

(1) Lubricating oil taxes,

(2) Naphtha, benzol, or benzene taxes, and

(3) California sales and use tax.

(c) Tax Reimbursement by Government: The Government will reimburse the Contractor for the amount of any such Federal excise, state or local tax from which the Government, the Contractor, or the transaction covered by this contract is not exempt (and from which no exemption is otherwise available) and the Contractor is, therefore, required to pay on supplies furnished hereunder. As used in the preceding sentence, the term "Such Federal Excise, State or Local Tax" means only (1) Federal Excise Taxes specifically excluded from the contract price by a provision of this contract and (2) state and local taxes excluded from the contract price pursuant to the provisions of paragraph (b) of this clause. Invoices or vouchers shall set forth the amount of any such taxes as a separate item and shall identify the particular tax involved. Whenever reimbursement of a state or local tax may be required pursuant to this paragraph (c), the Contractor shall take action as directed by the Contracting Officer, and the contract price shall be equitably adjusted to cover the costs of such action, including any interest, penalty, and reasonable attorney's fees.

(End of Clause)

52.229-9006 Tax Exemption Forms.

As prescribed in 29.305(90), insert the following clause:

TAX EXEMPTION FORMS (NOV 2011)

(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 DLA Aviation, 8000 Jefferson Davis Highway, Attention: FAS, Richmond, Virginia 23297, 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)

52.229-9007 United States Department of Treasury Tax-Free Ethyl And Denatured Alcohol Permit.

As prescribed in 29.4(90), insert the following clause:

UNITED STATES (U.S.) DEPARTMENT OF TREASURY TAX-FREE ETHYL AND DENATURED ALCOHOL PERMIT (NOV 2011)

(a) 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.

(b) Offerors are cautioned that the permit to be issued by the Administrative Contracting Officer will not satisfy the above requirement.

(c) In the space provided below, each offeror will furnish the identification number and date of the permit(s) applicable to this solicitation.

(d) Offered prices shall not include the tax for ethyl and denatured alcohol. The Administrative Contracting Officer will obtain permits for tax-free withdrawal/shipment of such.

Tax-Free Ethyl Alcohol Specially Denatured Alcohol

Identification (ID) Number (No.) Date ID No. Date

(e) 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.

(End of Clause)

52.230-9000 Submission of Data on Facilities Capital Cost of Money.

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 (NOV 2011)

(a) Offerors claiming facilities capital cost of money in accordance with Federal Acquisition Regulation (FAR) clause 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, 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)

52.230-9001 Disclosure Statement Form – Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) – DLA Land and Maritime).

As prescribed in 30.201-3(c), insert the following clause:

DISCLOSURE STATEMENT FORM – TANK-AUTOMOTIVE AND ARMAMENTS COMMAND (TACOM) DEPOT LEVEL REPAIRABLE (DLR) - DLA LAND AND MARITIME) (NOV 2011)

(a) Disclosure statement, Form CASB-DS-1, is not included in this solicitation package. Any offeror meeting the criteria for concurrent submission of the disclosure statement may download a copy of the form from the Office of Management and Budget (http://www.whitehouse.gov/omb/procurement/.) The offeror is responsible for reproducing the completed form in sufficient number of copies required for submission.

(b) No extension of the closing date of the solicitation will be granted on account of the requirement for submission of the disclosure statement.

(End of Provision)

52.231-9000 Pre-Contract Costs (Air Force Depot Level Repairable (DLR) – DLA Aviation).

As prescribed in 31.109(h)(90)(e), insert the following clause:

PRE-CONTRACT COSTS – (AIR FORCE DEPOT LEVEL REPAIRABLE (DLR) SITE -

DLA AVIATION) (NOV 2011)

(a) Certain costs up to (insert dollar limitation) incurred by the Contractor after (insert date) but before the effective date of this contract, shall be recognized for payment. Only costs that are directly related to the contract and consistent with the specific cost principles at the applicable Federal Acquisition Regulation (FAR) Subpart(s) shall be recognized for payment. Costs incurred prior to (insert same date as above) shall not be recognized for payment or reimbursement. In addition, the Contracting Officer cannot authorize payment of costs that are not consistent with FAR cost principles regardless of when such costs are incurred.

(b) If there is no advance agreement in place, the Contractor understands that all contract related costs incurred by the Contractor before the effective date of this contract shall be at the Contractor’s own risk.

(c) After the effective date of the contract, the contract terms shall control reimbursements made to the Contractor, and will be limited to those costs that are allowable, allocable, and reasonable.

(End of Clause)

52.232-9000 Progress Payment Data.

As prescribed in 32.502-4(90), insert the following clause:

PROGRESS PAYMENT DATA (NOV 2011)

(a) If this solicitation, award, or order contains Federal Acquisition Regulation (FAR) 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)

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)

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 (NOV 2011)

(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 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 Number National Stock Number (NSN) Pounds 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) (NOV 2011)

(a) 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.

(b) 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 DLA Land and Maritime.

(c) The Contractor is required to submit a rebate check of 7 percent of purchase card sales, by sending a rebate check to the DLA Land and Maritime, Attention: DLA Land and Maritime, RPF, Post Office (P.O.) Box 3990, Columbus, Ohio 43218-3990 on a quarterly basis and must reference the contract number on both the check and the envelope along with the word “REBATE.”

(d) The checks are to be made payable to Disbursing Officer, Defense Finance and Accounting Service (DFAS). 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.

(e) The checks are to be received by DLA Land and Maritime 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)

(NOV 2011)

(a) Submitting Invoices – Invoices and vouchers shall be submitted in accordance with Federal Acquisition Regulation Supplement (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 (Department of Defense (DD) form 250) or other acceptance document, in addition to the Contracting Officer representative'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-Materials and Labor Hour Contracts Clause, Federal Acquisition Regulation (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 wide area work-flow (WAWF):

Invoice or Voucher

Certificate of Performance

Certification of Final Indirect Costs (when invoice includes indirect costs)

DD Form 250 (when 252.246-7000 is included in contract)

Supporting Data in 52.232-9005 paragraph (c)

(End of Clause)

52.232-9007 Contractor’s Remittance Address -Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) – DLA Land and Maritime).

As prescribed in 32.004(b), insert the following clause:

CONTRACTOR’S REMITTANCE ADDRESS -TANK-AUTOMOTIVE AND ARMAMENTS COMMAND (TACOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA LAND AND MARITIME) (NOV 2011)

(a) Offerors are requested to indicate below the address to which payment should be mailed, if such address is different from that shown for the Offeror on the face of this Solicitation.

Name __________________________________________________________________

Address _______________________________________________________________

City and State __________________________________________________________

(b) Do not include any bank account information. If necessary, please submit this information under separate cover.

(End of Clause)

52.233-9000 Agency Protests.

As prescribed in 33.106 (c) a provision substantially as follows shall be inserted in all solicitations:

AGENCY PROTESTS (NOV 2011)

(a) Companies protesting this procurement may file a protest

(1) with the Contracting Officer,

(2) with the Government Accountability Office (GAO), or

(3) pursuant to Executive Order Number 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office.

(b) Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order Number 12979."

(Note: Defense Logistics Agency (DLA) procedures for Agency Level Protests filed under Executive Order Number 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 (NOV 2011)

(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 Federal Acquisition Regulation (FAR) clause 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. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause:

[ ] Alternate wording may be negotiated with the Contracting Officer.

( End of provision )

52.236-9000 Safety, Fire Prevention, And Security.

As prescribed in 36.5(90), insert the following provision:

SAFETY, FIRE PREVENTION, AND SECURITY REQUIREMENTS (NOV 2011)

(a) The Contractor shall comply with __Type Center Name Here__ (buyer fill-in) regulations regarding safety, fire prevention and security. All security requirements of the installation site identified elsewhere in this solicitation shall be observed by the Contractor’s personnel at all times.

(b) Security requirements for Contractor compliance include, but are not limited to: fire, safety, security, housekeeping, and traffic regulations in effect during the period of contract performance.

(c) The on-site Contracting Officer’s Representative (COR) is available to inform the Contractor of regulations applicable prior to Contractor’s commencement of work at the site, but the Contractor is responsible for compliance with all applicable regulations whether or not information is received from the COR.

(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

(NOV 2011)

(a) Contractor personnel changes:

(1) 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.

(2) 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.

(3) Removals or replacements of Contractor personnel shall be considered for the convenience of the Contractor except when such removal is for:

(i) employees removed as a result of cancellation or completion of the contract,

(ii) employees replaced due to death or incapacitating illness or injury,

(iii) or employees removed or replaced at the Government's request.

(4) If any employee removes him/herself from the employ of the Contractor, such removal will be at no additional cost to the Government.

(b) Key personnel requirements:

(1) 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 (3) below. The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

(i) 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.

(ii) All requests for approval of substitutions 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.

(2) 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.

(3) 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)

(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)

(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 Number

Alternate Name: Phone Number

(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)

52.237-9004 Evaluation – Contractor Installation or Verification of Installation.

As prescribed in 37.110(a)(91), insert the following provision:

EVALUATION – CONTRACTOR INSTALLATION OR VERIFICATION OF INSTALLATION

(AUG 2008)

Offers will be evaluated on the basis of the aggregate cost to the Government for line item ________ plus the cost of Contractor installation or Contractor verification of installation (as specified in the schedule), line item ____________________.

(End of Provision)

52.239-9000 Y2K Compliance Notice.

As prescribed in 39.106(a)(92), insert the following in solicitations and contracts.

Y2K COMPLIANCE NOTICE (JUN-2002)

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)

(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 (NOV 2011)

Seventy-two (72) hours before shipment of industrial plant equipment (IPE), the Contractor shall provide the following shipping information to the Contracting Officer:

Contract/delivery order number(s),

Identification numbers,

Bill of lading number(s),

Carrier,

Mode of shipment,

Weight,

Cube, and

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 (NOV 2011)

(a) 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:

(b) On a single copy of each receiving report (Department of Defense (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:

DLA Troop Support

Attention: FT

700 Robbins Avenue

Philadelphia, Pennsylvania 19111-5092

(End of Clause)

52.242-9005 Report of Shipment (Repship) of Perishable Medical Items.

As prescribed in 42.1107(b) insert the following clause:

REPORT OF SHIPMENT (REPSHIP) OF PERISHABLE MEDICAL ITEMS – DLA TROOP SUPPORT – MEDICAL (NOV 2011)

(a) Unless otherwise directed by the Contracting Officer, the Contractor shall send a prepaid notice of shipment to the consignee transportation officer (T.O.) for all shipments of perishable medical items when given to a commercial carrier (common, contract or private) for shipment within the United States (U.S.). 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 medical items".

(b) 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.

(c) The following information will be included in the Repship:

(1) Repship for T.O. perishable medical items (and date of message).

(2) Transportation Officer.

(3) Consignee name and address.

(4) Bill of Lading (BL) number.

(5) Document identification, requisition number, and contract or purchase order number.

(6) Item identification and protective requirements.

(7) Route (all participating carriers).

(8) Carrier identification number if other than BL number, such as air bill or air express receipt number.

(9) Flight number (when appropriate).

(10) Departure time (date/hour).

(11) Estimated delivery time, indicated on the BL as DDD.

(12) Deadline delivery time (date/hour, a.m. or p.m., that item must be returned to refrigerator/freezer or re-iced).

(13) A request for the consignee to contact the local carrier to trace and expedite delivery if not received by the estimated delivery time (11) above).

(14) 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 – DLA– TROOP SUPPORT -MEDICAL (NOV 2011)

(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)

52.242-9008 Technical Direction.

As prescribed in 42.7400(a)(90), insert the following clause:

TECHNICAL DIRECTION (AUG 2008)

(a) Performance of the work under this contract shall be subject to the technical direction of the designated Contracting Officer's Technical Representative (COTR). The term "Technical Direction" is defined to include the following:

(1) Provide on-site guidance and clarification to the Contractor – filling in the technical details concerning tasks to accomplish the contractual statement of work.

(2) Provide information and technical guidance to the Contractor as needed to ensure accurate interpretation of drawings, specifications or technical portions of the work description.

(3) Review and, where required by the contract, approve technical reports, drawings, specifications and other technical information to be delivered by the Contractor to the Government under the contract,

(b) Technical direction must be within the general scope of work stated in the contract. The designated COTR does not have the authority to and may not issue any technical direction which:

(1) constitutes an assignment of additional work outside the general scope of the contract;

(2) constitutes a change as defined in the contract clause entitled "Changes";

(3) causes an increase or decrease in the total estimated contract cost or price, the fixed fee or the time required for contract performance; or

(4) changes the express terms, conditions, or specifications of the contract.

(c) The authority of the COTR is limited to those responsibilities described in (a)(1) through (a)(3) above. The COTR is not authorized to obligate the Government or to alter the terms and conditions of the contract. Only the Contracting Officer may obligate the Government or alter the terms and conditions of the contract.

(d) The designated COTR shall issue all technical directions in writing. In those circumstances where the Contractor requires immediate guidance, however, the designated COTR may provide the necessary technical direction orally, but shall follow-up in writing such oral direction within five (5) working days.

(e) The Contractor shall proceed promptly with contract performance in accordance with technical directions issued by the designated COTR which are within his/her authority and which have been duly issued in the manner prescribed elsewhere in this clause.

(f) If the Contractor believes any instruction or direction issued by the COTR exceeds the designated COTR’s authority as described herein, the Contractor shall notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction, may withhold from performance in accordance with the instruction or direction, and request the Contracting officer to modify the contract as appropriate. Upon receiving such notification from the Contractor, the Contracting Officer shall resolve the matter as appropriate. The Contractor shall comply immediately with the direction given. a failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled "Disputes."

(End of Clause)

52.242-9009 Correspondence Regarding Meal, Ready-to-Eat (MRE) and Tray Pack Contracts.

As prescribed in 42.202(a)(92), insert the following clause:

CORRESPONDENCE REGARDING MEAL, READY-TO-EAT (MRE) AND TRAY PACK CONTRACTS (NOV 2011)

All pertinent correspondence relative to this contract shall be directed to __________ except requests for acceptance of nonconforming supplies (including requests for deviation from specification) are not delegated to that office. Contractor requests for acceptance of nonconforming supplies shall be submitted to the assigned quality assurance representative (QAR), i.e., United States (U.S.) Army veterinary inspector (AVI), U.S. Department of Agriculture (USDA) inspector or Defense Contract Management Agency (DCMA) QAR as applicable. The QAR should forward the request directly to the Contracting Officer with an information copy to the administrative Contracting Officer (ACO). A copy of correspondence notifying the Contractor of acceptance/rejection of waiver/deviation requests will be furnished to the ACO by the Contracting Officer.

(End of Clause)

52.242-9010 Title of Containers and Packaging Materials.

As prescribed in 42.7204(90), insert the following clause:

TITLE OF CONTAINERS AND PACKAGING MATERIALS (AUG 2008)

As part of the consideration for the services to be performed, all containers and packaging materials in which Government furnished property (GFP) is delivered shall, upon separation from the contents, be retained by and title thereto shall vest in the Contractor. Contractor agrees to re-use, without cost to the government, such containers and packaging materials necessary to re-ship GFP as directed by the Contracting Officer. In the event of reshipments directed by the Contracting Officer, the title to the packaging materials and shipping containers (used to re-ship the GFP) will pass back to the Government.

(End of Clause)

52.242-9013 Responsibility For Administration And Inspection.

As prescribed in 42.202(b)(10)(90), insert the following clause:

RESPONSIBILITY FOR ADMINISTRATION AND INSPECTION (DEC 2011)

(a) Correspondence: All pertinent correspondence relative to this contract or order shall be directed to the administering office set forth on Page 1 of this contract or order. Contractor requests for deviations from, or waiver of, specification requirements shall be submitted to the assigned quality assurance representative (QAR). Contractor requests for deviation from, or waiver of, specification requirements shall require written approval from the Contracting Officer via written modification.

The following paragraphs are applicable only when checked:

[ ] (b) Property administration.

(1) Where Government furnished material (GFM) is being provided under the clothing and textile bailment system (see Defense Logistics Acquisition Directive (DLAD) clause 52.245-9011), the responsibility for property administration is assigned to the administering office designated on Page 1 of this contract or order. The responsibility for maintenance of the Government's official property records is retained by the DLA Troop Support, attention: DLA Troop Support –FODM.

(2) Where Government loaned property (GLP) is being provided (see DLAD clause 52.245-9010), the responsibility for property administration is retained by the DLA Troop Support, attention: DLA Troop Support-_______.

(3) Where Government furnished property (GFP), other than that cited in paragraphs (1) and (2) above, is being provided, the responsibility for property administration is assigned to the administering office designated on Page 1 of this contract/order.

[ ] (c) Inspection: Inspection shall be accomplished by the administering office at the Contractor's place of performance unless otherwise indicated below:

Inspection office (if other than administering office):

Inspection point (if other than place of performance):

If a Government QAR has not been assigned by the time inspection service is needed, notify the cognizant inspection office.

[ ] (d) Inspection instructions: The supplies shall be inspected for compliance with packaging, packing, marking and quantity requirements only. At the discretion of the QAR, the Contractor's test records (protocol) shall also be reviewed to determine compliance with requirements.

[ ] (e) Advance notification: Pursuant to Federal Acquisition Regulation (FAR) clause 52.246-2, Inspection of Supplies Fixed-Price, the Government hereby requests advance notification that supplies are ready for Government inspection. The Contractor shall telephonically notify the Government QAR at the office indicated in paragraph (c) above seven working days prior to the date supplies are ready for inspection.

[ ] (f) Special instructions on certificate of conformance (CoC): The term "Contract Administration Office" as it is used in FAR Clause 52.246-15, Certificate of Conformance (CoC), shall be interpreted as the Food and Drug Administration office cited in paragraph (c) above. This interpretation applies only to FAR clause 52.246-15 and shall not apply to any administrative function performed by the office designated on Page 1, of this contract or order.

(End of Clause)

52.243-9000 Design Change – Supply Items (Army Aviation and Missile Command (AMCOM) Depot Level Repairable (DLR) – DLA Aviation).

As prescribed in 43.104(a)(90) insert the following clause:

DESIGN CHANGE – SUPPLY ITEMS (ARMY AVIATION AND MISSILE COMMAND (AMCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION) (NOV 2011)

(a) The Contractor shall review all orders prior to proceeding with performance and shall maintain surveillance during manufacture to determine the impact of approved engineering changes. The Contractor shall provide written notification to the Contracting Officer of the impact of approved engineering changes on delivery orders under this contract. The Contractor shall provide such notification prior to beginning performance on new delivery orders affected by the change and within 90 days after approval of an engineering change that affects an existing delivery order. After receipt of the notification from the Contractor, the Contracting Officer will confirm the Government still has a requirement for the part number reflected on the order or direct the Contractor to deliver parts incorporating the approved engineering change.

(b) If the Contracting Officer directs the Contractor to deliver parts incorporating an engineering change not reflected in the delivery order, the Contractor may be entitled to an equitable adjustment in contract price or delivery schedule in accordance with Federal Acquisition Regulation (FAR) clause 52.243-1 and FAR 52.243-7.

(c) The Government is not precluded from ordering or requiring delivery of parts without incorporating approved engineering changes.

(d) After direction by the Contracting Officer to incorporate the engineering change, the Contractor may request a contract modification allowing deliveries to the Government bonded storerooms and bill for the contract price of the delivered supplies. Upon receipt of the modification incorporating the part number change, the Contractor will ship the supplies to destinations specified in the applicable delivery order, free on board (f.o.b.) origin.

(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 (GFP) (NOV 2011)

(a) The term "Government Property", as used in this clause, shall be synonymous with the term "Government Furnished Property", as defined in Federal Acquisition Regulation (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 Number | 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.o.b. Point For Delivery Of Government-Furnished Property." The offeror is requested to specify in the space below, by item, the free on board (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 Number | (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 FAR 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):

(i) 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.

(ii) 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:

(A) List or describe the Government property;

(B) Identify the contract or other instrument under which the Government property is held and the date contract/instrument is to expire.

(C) 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 Number | 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 (NOV 2011)

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

The above listed Government property shall be delivered by the Government within ________ days after the effective date of the award/contract free on board (f.o.b.) _______ in accordance with Federal Acquisition Regulation (FAR) clause 52.247-55 “F.O.B. Point For Delivery Of Government-Furnished Property."

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 Government Furnished Property (GFP).

As prescribed in 45.106(92)(a) insert the following clause:

TRANSPORTATION COSTS OF GOVERNMENT FURNISHED PROPERTY (GFP) (NOV 2011)

(a) In accordance with Federal Acquisition Regulation (FAR) clause 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 NUMBER. | IDENTIFICATION OF PROPERTY | QUANTITY | 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 standard form (SF) 33.

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 (NOV 2011)

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 Federal Acquisition Regulation (FAR) clause 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)

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)

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 (NOV 2011)

[     ] (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 number      .

[     ] (b) This contract is for an foreign military sales (FMS) requirement. The Contractor is authorized to use the Government-owned facilities provided under contract number      . 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) (NOV 2011)

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 free on board (f.o.b.) storage location, DLA Land and Maritime, 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, 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 (NOV 2011)

(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 Federal Acquisition Regulation (FAR) clause 52.245-1 and/or Defense Logistics Acquisition Directive (DLAD) clause 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 clause 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 FAR clause 52.245-1 and/or DLAD clause 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 (NOV 2011)

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.

(5) 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.

(6) 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 DLA Troop Support Form 1786, Prime Contractor's request for Government material, to the Commander, DLA Troop Support, 700 Robbins Avenue, Building 6-1-D, Philadelphia, Pennsylvania 19111-5092, Attention: Material Accountability Section, Directorate of Clothing and Textiles, FQCA.

(1) 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 DLA Troop Support Form 1786. The Government material will be available for pickup not later than 21 calendar days after receipt of the original DLA Troop Support Form 1786 by the Government.

(2) The Contractor and the cognizant DCMA property administrator will be furnished copies of DLA Troop Support 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.

(3) Prior to pick-up, 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 DLA Troop Support 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.

(4) If the Contractor later requires this Government material which has been returned to storage, submission of a new DLA Troop Support 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.

(5) 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) Irrepairable rejects: The Contractor agrees to purchase any or all irrepairable rejects when notified in writing by the Contracting Officer, or its duly authorized representative, at $_____ per unit. An irrepairable 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 irrepairable 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, DLA Troop Support, Attention: 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.

(i) 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, federal standard (FED-STD) 4 or military standard (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 quality assurance representative (QAR) and the cognizant Defense Contract Management Agency (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).

(ii) As a minimum, the Contractor shall provide the following data:

(A) Type of material

(B) Nature of nonconformance (including examination report of alleged defective point count)

(C) Number of rolls or pieces in shipment

(D) Name of manufacturer of material

(E) Contract number(s) of material

(F) Lot identification of material

(G) Total number of yards in shipment

(H) Acceptable quality limits (or acceptable quality level (AQL), if applicable)

(I) Number of rolls or yardage in sample

(J) Acceptance number

(K) Recommended disposition

(iii) 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.

(iv) 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.

(v) 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.

(vi) 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 (Defense Logistics Agency (DLA) Form 506, and DLA Form 499 or 504).

(vii) 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 Federal Acquisition Regulation (FAR) clause 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 military standard (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, DLA Troop Support, attention: 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, United States Code (U.S.C.), 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 DLA Troop Support 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)

(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 irrepairable 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) Irrepairable items. Non-specification items which are irrepairable 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 (NOV 2011)

(a) The Government will furnish: __________________(fill-in)_________________________

(b) Evaluation of Government-furnished property (GFP) - 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 Federal Acquisition Regulation (FAR) clause) 52.247-55, "F.o.b. 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, Attention: DLA Troop Support, 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 military standard (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 national stock number (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 quality assurance representative (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, DLA Troop Support, Philadelphia, FQCA-1, with copies to the Property Administrator, Quality Assurance Representative, and Contracting Officer.

(iii) Maintain proper accountability records by procurement instrument identification number (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 and Finishing Contracts.

As prescribed in 45.106(98), insert the following clause:

GOVERNMENT-FURNISHED PROPERTY (GFP) PROVISIONS – DYEING AND FINISHING CONTRACTS (NOV 2011)

(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 (U.S.), the free on board (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)

(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)

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 Government Furnished Property (GFP).

As prescribed in 45.106(101), insert the following clause:

OWNERSHIP OF OVERRUNS CONTAINING GOVERNMENT FURNISHED PROPERTY (GFP) (JUL 2008)

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 - National Industries For The Blind (NIB) and National Industries For The Severely Handicapped (NISH).

As prescribed in 45.106(102), insert the following clause:

GOVERNMENT-FURNISHED MATERIAL – NATIONAL INDUSTRIES FOR THE BLIND (NIB) AND NATIONAL INDUSTRIES FOR THE SEVERELY HANDICAPPED (NISH) (NOV 2011)

(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, DLA Troop Support, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092, Attention: Government-furnished Material Section, 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) Free on board (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) Irrepairables. All irrepairable 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 Federal Acquisition Regulation (FAR) clause 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, United States Code (U.S.C.), for so representing falsely."

(m) Records of Government property. Notwithstanding FAR 52.245-1 "Government Property" appearing elsewhere in this contract, the DLA Troop Support 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)

(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)

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 Clause)

52.245-9021 Government Samples.

As prescribed in 45.106(105), insert the following clause:

GOVERNMENT SAMPLES (JUL 2008)

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 Clause)

52.245-9022 Sized Items.

As prescribed in 45.106(106), insert the following clause:

SIZED ITEMS (JUL 2008)

(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)

(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 (NOV 2011)

(a) In addition to the Government's rights under the provisions of Defense Logistics Acquisition Directive (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) (NOV 2011)

(a) Federal Acquisition Regulation (FAR) 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 number 1, the second month will be number 2, etc. DLA Troop Support 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 DLA Troop Support 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 DLA Troop Support 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) (NOV 2011)

(a) Acknowledgment of Receipt: Within ten days after receipt of cylinders, the Contractor will submit copies of Department of Defense (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 DLA Aviation, Attention: Government Furnished Property (GFP) Monitor, Richmond, Virginia 23297. A copy of Department of Defense (DD) form 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 Defense Logistics Agency (DLA) Supply Depots shall not be commingled with cylinders from any other activity.

(4) In accordance with military standard (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 DLA Aviation, Attention: Government Furnished Property Monitor, Richmond, Virginia 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.

Delivery orders: In the event of a conflict between these special instructions and the basic contract, the latter will govern.

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 FEDERAL SUPPLY CLASSES (FSCS) 5995 AND 6150) (NOV 2011)

(a) Purpose and Use of GFP Mechanical Gauges:

(1) Gauges shall be subject to the requirements of:

(i) International Organization for Standardization (ISO) / American National Standards Institute (ANSI)/American Society for Quality (ASQ) 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 free on board (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:

United States (U. S.) Army District TMDE Support Center

Attention: AMXPM-GA-T

11 Hap Arnold Blvd, Building 12

Tobyhanna, Pennsylvania 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) (NOV 2011)

(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 free on board (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. (2) Being procured in equal quantities for incorporation into appropriate menus at random. (3) Being procured to allow for at least three different varieties with no more than two of any one kind, in an assembled MRE case.

(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 Defense Contract Management Agency (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 Government furnished material (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.

(2) 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.

(3) 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.

(4) A ___% surcharge will be added to the total liability for loss and damages to account for administrative handling and transportation charges.

(5) 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 DLA Troop Support FTR at phone (215) 737-____.

(i) The Contractor will promptly unload all GFP delivered free on board (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: either 1) agreement to the final inventory has been reached between the Contractor and the Government, or 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 DLA Troop Support-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. DLA Troop Support-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) Contractor Responsibility.

(1) 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.

(2) 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 DLA Troop Support, Attention: ____________, 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.

(3) 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:

(i) Item

(ii) Quantity

(iii) Date arrived

(iv) Shipment number

(v) Contract number

(vi) Status, i.e., accepted/rejected/pending AVI inspection

(vii) 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)

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 (NOV 2011)

This clause supplements process control guidance of the International Organization for Standardization (ISO) / American National Standards Institute (ANSI)/American Society for Quality (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 Federal Acquisition Regulation (FAR) 46.202-4. 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)

(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 (NOV 2011)

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 International Organization for Standardization (ISO) 10012-1 or American National Standards Institute (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 (NOV 2011)

(a) The requirements of Federal Acquisition Regulation (FAR) clause 52.246-2, “Inspection of Supplies-Fixed Price,” American National Standards Institute (ANSI)/American Society for Quality (ASQ) 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-Department of Defense (DOD) agencies may purchase copies of ANSI/ASQC Z1.4 from the American Society for Quality at http://asq.org/index.aspx.

(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 Department of Defense (DD) Form 250, a DD Form 1222 (as prepared in coordination with the QAR) and marked as follows: “Product Verification Test Samples, Contract number ___________, lot/item number ____________." 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.

Government agency_______________________________________________

Contract number _____________________________________________

Date of Contract_________________________________________

NSN______________________Specification/Part Number ___________________

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 (AIR LAUNCH AND RECOVERY EQUIPMENT) (ALRE)) (NOV 2011)

Because of the critical nature of this material, a representative of the Naval Air Warfare Center (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 Quality Assurance (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) 323-7504 immediately followed by written confirmation, or via facsimile transmission to (732) 323-1381. A minimum of fourteen (14) working days after receipt of notification is required to arrange such a visit.

Note: Advise the Procuring Contracting Officer (PCO) listed in the order by facsimile 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)

(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 (NOV 2011)

(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: ___________________________________

Commercial and Government entity (CAGE) code:__________________

Street: __________________________________

City/State/Zip: ______________________________

Applicable to contract line-item(s) (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/State/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 Defense Logistics Acquisition Directive (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)

ALTERNATE I - Replace paragraph (a) in 9008 with (a) below, for acquisitions above the simplified acquisition threshold (SAT) whenever subsequent shipments, per National Stock Number (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).

As prescribed in 46.394(a) insert the following clause:

LUBRICATING OIL, INTERNAL COMBUSTION ENGINE MS9250 (A QUALIFIED PRODUCT) (AUG 2007)

(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 compared to 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, Texas 76216-4191

Phone: 1-800-354-7233

(End of Clause)

52.246-9010 Determination of Quantity Specific to Lubricating Oils.

As prescribed in 46.394(b), insert the following clause:

DETERMINATION OF QUANTITY SPECIFIC TO LUBRICATING OILS (NOV 2011)

(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 DLA Aviation 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 DLA Aviation 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..

As prescribed in 46.394(c), insert the following clause:

LIQUEFIED PETROLEUM GASES QUALITY ASSURANCE (AUG 2007)

(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 liquefied petroleum gases (LPG) supplied was manufactured in accordance with the recommendations of the Natural Gas Processors Association (NPGA), NGPA publication number 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 (NOV 2011)

(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 DLA Troop Support 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 DLA Troop Support 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 (2) Item description (3) Count (4) Unit price

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)

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 (NOV 2011)

(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 DLA Troop Support 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 DLA Troop Support HSQ that the DLA analytical laboratory test samples meet the contract requirements, the certificate of conformance for these materials is considered reliable.

(2) When DLA Troop Support 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)

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 46.601-91, insert the following clause:

MATERIAL AND INSPECTION REPORT (APR 2008)

(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 46.601-92, insert the following clause:

DISTRIBUTION OF MATERIAL INSPECTION AND RECEIVING REPORT (APR 2008)

(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 – DLA AVIATION (NOV 2011)

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 – DLA TROOP SUPPORT - MEDICAL (NOV 2011)

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 - DLA TROOP SUPPORT - SUBSISTENCE

(NOV 2011)

(a) Inspection.

(1) The Contractor shall employ the services of the United States 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 DLA Troop Support office (operational rations business unit, food services business unit, produce business unit, product services office, etc.). The applicable DLA Troop Support 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, Pennsylvania 19111 in accordance with DLA Troop Support 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 Attention: 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 - DLA TROOP SUPPORT - SUBSISTENCE (NOV 2011)

(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 DLA Troop Support, Directorate of Subsistence, Product Services Office, 700 Robbins Avenue, Philadelphia, Pennsylvania 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 DLA Troop Support 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 DLA Troop Support 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 DLA Troop Support FTRE. The Government laboratory will telephone the results to DLA Troop Support 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 and Address of Contractor:

Name and 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 DLA Troop Support 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 – DLA TROOP SUPPORT - SUBSISTENCE (NOV 2011)

(a) When origin inspection is performed by the U.S. Department of Agriculture (USDA) or U.S. Department of Commerce (USDC) 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 water foods). 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 (NOV 2011)

(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, the Contractor shall notify the Contracting Officer, DLA Aviation. 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)

(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)

(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 (APR 2010)

(a) Inspection and Acceptance are:

Inspection point: [ ] Destination [ ] Origin [ ] Elsewhere

Acceptance point: [ ] Destination [ ] Origin

(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)

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)

52.246-9031 Shade Evaluation.

As prescribed in 46.395(b), insert the following clause:

SHADE EVALUATION (APR 2008)

[ ] (a) 100% Swatching: From each piece in the lot, the Contractor shall cut a 4 X 24 inches shade swatch which is representative of the shade of the piece. The Contractor shall cut these swatches into two 4 X 12 inches 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 24 inches 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 12 inches 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 inches 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 | Number 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 700 Robbins Avenue Philadelphia, Pennsylvania 19111-5092

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)

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 (NOV 2011)

(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 DLA Troop Support laboratory when advised by the DLA Troop Support textile technologist to do so. For end items, duplicate samples will be drawn. Source sampling procedures are detailed further in DLA Troop Support Manual, Quality Systems Requirements, 4155.3, which is incorporated by reference.

(c) The prime Contractor will notify the DLA Troop Support 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 DLA Troop Support 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, DLA Troop Support will perform the required testing for up to 30 calendar days from the date of approval withdrawal. The charge for testing will be the DLA Troop Support 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 DLA Troop Support 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 – DLA TROOP SUPPORT - MEDICAL

(NOV 2011)

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 – DLA TROOP SUPPORT - MEDICAL (NOV 2011)

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 – DLA TROOP SUPPORT - MEDICAL (NOV 2011)

(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 - – DLA TROOP SUPPORT - MEDICAL (NOV 2011)

(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 DLA Troop Support, MX, Chief, Biomedical Systems Office, Directorate of Medical Materiel, DLA Troop Support, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092. Final acceptance of installation shall be made by Chief, Biomedical Systems Office, DLA Troop Support 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 DLA Troop Support, 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 - DLA TROOP SUPPORT – MEDICAL

(NOV 2011)

(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 - DLA TROOP SUPPORT - MEDICAL (NOV 2011)

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

(NOV 2011)

(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 United States Code (U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 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)

52.246-9040 Inspection and Acceptance Supervision of Installation.

As prescribed in 46.503-90, insert the following clause:

INSPECTION AND ACCEPTANCE - SUPERVISION OF INSTALLATION (AUG 2008)

Final inspection and acceptance will be performed at destination after installation of the equipment and satisfactory completion of performance tests, unless the Contractor's obligation to supervise installation of the equipment is canceled by the Contracting Officer. If the Contractor’s obligation to supervise installation is cancelled, the equipment may be accepted before installation, subject to the Government’s right to inspect and test the equipment after installation and to reject defective equipment.

(End of Clause)

52.246-9041 Government Loss or Damage.

As prescribed in 46.805(a)(90), insert the following clause:

GOVERNMENT-CAUSED LOSS OR DAMAGE (AUG 2008)

(a) If the Government, through negligence, causes loss or damage to Contractor equipment or materials being used in the performance of this contract, the Government will reimburse the Contractor for the actual cost of repair or replacement directly attributable to the Government’s negligence. Authorization for such repairs or replacement must be approved in writing by the purchasing Contracting Officer prior to corrective action by the Contractor, except as provided below. The Government shall be relieved of the liability for such loss or damage if of the Contractor relieves or would relieve any commercial customer of such liability under like circumstances.

(b) If the Government, through negligence, causes loss or damage to Contractor equipment or materials being used in the performance of this contract, and the loss or damage creates a safety hazard to personnel or could cause more damage to the equipment being installed or surrounding existing equipment and facilities, the Contracting Officer's Representative (COR) is authorized to direct repair and the Contractor should immediately repair such damages. In these instances the COR shall immediately notify the Contracting Officer in writing of details to describe the extent and causes of damages, and any other information that may be required. The Contractor shall immediately notify the Contracting Officer in writing describing all repairs made, additional materials furnished, the period during which repairs were made, the additional cost to the Government under this contract for those repairs and any other information that may be required by the Government. The Government will reimburse the Contractor for the actual cost of repair or replacement directly attributable to the Government’s negligence. The Government shall be relieved of the liability for such loss or damage if of the Contractor relieves or would relieve any commercial customer of such liability under like circumstances.

(c) In no event shall the Government be liable to the Contractor for consequential damages, lost profits, or other indirect damages.

(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 – QUALIFIED PRODUCTS LIST/QUALIFIED MANUFACTURERS LIST (QPL/QML) INTEGRATED CIRCUITS, HYBRID MICROCIRCUITS, AND SEMICONDUCTOR DEVICES – DLA MARITIME (NOV 2011)

(a) 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.

(b) 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.

(c) 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 DLA Land and Maritime FMTA. The second copy shall be retained by the QAR. The original shall be maintained by the Contractor.

(d) If the contract requires inspection and acceptance at destination, the Contractor shall mail one copy of the CoC/T to DLA Land and Maritime FMTA upon shipment/delivery. The CoC/T must clearly reference the applicable contract number.

(End of Clause)

52.246-9043 Higher-Level Contract Quality Requirement (Non-Manufacturers).

As prescribed in 46.311, insert the following clause:

HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (NON-MANUFACTURERS)

(NOV 2011)

If a higher-level contract quality requirement applies to this contract and the Contractor is not the actual manufacturer of the item(s) to be furnished, the Contractor represents that it shall:

(a) Furnish items under this contract that were produced at a manufacturing facility conforming to the higher-level contract quality requirement specified in FAR 52.246-11; or

(b) Maintain and provide objective evidence that items furnished under this contract were produced at a manufacturing facility conforming to the specified higher-level contract quality requirement and that the material meets contract requirements. At a minimum, evidence shall be sufficient to establish the identity of the product and its manufacturing source; and

(c) Maintain documentation of its quality assurance program; receiving/verification process; records management system; procurement system; inventory control system; testing results; and any other records identified in this contract.

(End of Clause)

52.246-9044 Sanitary Conditions.

As prescribed in 46.311-90, insert the following clause:

SANITARY CONDITIONS (NOV 2011)

(a) Food establishments.

(1) All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation approval and surveillance as deemed appropriate by the military medical service or by other Federal agencies recognized by the military medical service. The government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate government directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments listed in the U.S. Army Veterinary Command (VETCOM) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: https://vets.amedd.army.mil/vetcom). Compliance with the current edition of DoD Military Standard 3006, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the worldwide directory. Suppliers also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily approved and/or removed from the worldwide directory and/or other Federal agency’s listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

(2) Establishments furnishing the products listed below and appearing in the publications indicated need not be listed in the worldwide directory. Additional guidance on specific listing requirements for products/plants included in or exempt from listing is provided in Appendix A of the worldwide directory.

(i) Meat and meat products and poultry and poultry products may be supplied from establishments which are currently listed in the “Meat and Poultry Inspection Directory”, published by the United States Department of Agriculture, Food Safety and Inspection Service (USDA, FSIS), at http://www.fsis.usda.gov/Regulations/Meat_Poultry_Egg_Inspection_Directory/index.asp .

The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and applicable establishment number. USDA listed establishments processing products not subject to the Federal Meat and Poultry Products Inspection Acts must be listed in the Worldwide Directory for those items.

(ii) Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to military installations within the same state (intrastate) may be supplied when the items are processed in establishments under state inspection programs certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment number.

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/POULTRY/Grading.htm.

(iv) Egg products (liquid, dehydrated, frozen) may be supplied from establishments listed in the “Meat, Poultry and Egg Product Inspection Directory” published by the USDA FSIS at http://www.fsis.usda.gov/Regulations_&_Policies/Meat_Poultry_Egg_Inspection_Directory/index.asp . All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable establishment number.

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at: seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and address of the producing facility.

(vi) Pasteurized Milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers” (IMS), published by the U.S. Department of Health and Human Services, Food and Drug Administration (USDHHS, FDA) at http://www.cfsan.fda.gov/~ear/ims-toc.html. These plants may serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade ‘A’ Pasteurized Milk Ordinance” (PMO) published by the USDHHS, FDA at http://www.cfsan.fda.gov/~ear/pmo03toc.html.

(vii) Manufactured or processed dairy products only from plants listed in Section I of the “Dairy Plants Surveyed and Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: http://www.ams.usda.gov/dairy/dypubs.htm ) may serve as sources of manufactured or processed dairy products as listed by the specific USDA product/operation code. Plants producing products not specifically listed by USDA product/operation code must be Worldwide Directory listed (i.e. plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide Directory listed.

(viii) Oysters, clams and mussels from plants listed in the “Interstate Certified Shellfish Shippers Lists” (ICSSL), published by the USDHHS, FDA at http://www.cfsan.fda.gov/~ear/shellfis.html.

(3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4F/MCO P1010.31G, Veterinary/Medical Food Inspection and Laboratory Service, for a list of establishment types that may be exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161; 1-800-553-6847; or download from web site: http://www.usapa.army.mil/ .) For the most current listing of exempt plants/products see the Worldwide Directory (available at: https://vets.amedd.army.mil/vetcom).

(4) Subsistence items other than those exempt from listing in the Worldwide Directory, bearing labels reading “Distributed By”, “Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is indicated on the label or on accompanying shipment documentation.

(5) When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines the levels of food safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, the Contracting Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. In the event the Contractor fails to correct such objectionable conditions within the time specified by the Contracting Officer, the government shall have the right to terminate the contract in accordance with the “Default” clause of the contract.

(b) Delivery conveyances.

The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product ‘unfit for intended purpose’, supplies tendered for acceptance may be rejected without further inspection.

(End of Clause)

52.246-9045 Federal Food, Drug and Cosmetic Act-Wholesale Meat Act.

As prescribed in 46.311-91, insert the following clause:

FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESALE MEAT ACT (AUG 2008)

(a) The Contractor warrants that the supplies delivered under this contract comply with the Federal Food, Drug and Cosmetic Act and the Wholesome Meat Act and regulations promulgated there under. This warranty will apply regardless of whether or not the supplies have been:

(1) Shipped in interstate commerce,

(2) Seized under either Act or inspected by the Food and Drug Administration or Department of Agriculture.

(3) Inspected, accepted, paid for or consumed, or any or all of these, provided however, that the supplies are not required to comply with requirements of said Acts and regulations promulgated there under when a specific paragraph of the applicable specification directs otherwise and the supplies are being contracted for military rations, not for resale.

(b) The Government shall have six months from the date of delivery of the supplies to the government within which to discover a breach of this warranty. Notwithstanding the time at which such breach is discovered, the Government reserves the right to give notice of breach of this warranty at any time within this six-month period or within 30 days after expiration of such period, and any such notice shall preserve the rights and remedies provided herein.

(c) Within a reasonable time after notice to the Contractor of breach of this warranty, the Government may, at its election:

(1) Retain all or part of the supplies and recover from the Contractor, or deduct from the contract price, a sum the Government determines to be equitable under the circumstances;

(2) Return or offer to return all or part of the supplies to the Contractor in place and recover the contract price and transportation, handling, inspection and storage costs expended therefore; provided, that if the supplies are seized under either Act or regulations promulgated there under, such seizure, at Government option, shall be deemed a return of supplies within the meaning of this clause and thereby allow the government to pursue the remedy provided herein. Failure to agree to any deduction or recovery provided herein shall be a dispute within the meaning of the clause of this contract entitled “Disputes”.

(d) The rights and remedies provided by this clause shall not be exclusive and are in addition to other rights and remedies provided by law or under this contract, nor shall pursuit of a remedy herein or by law either jointly, severally or alternatively, whether simultaneously or at different times, constitute an election of remedies.

(End of Clause)

52.246-9046 Phytosanitary Certificates for Export Shipments of Produce.

As prescribed in 46.311-92, insert the following clause:

PHYTOSANITARY CERTIFICATES FOR EXPORT SHIPMENTS OF PRODUCE (NOV 2011)

(a) A federal phytosanitary certificate is required for produce shipped to, and received in, a foreign country. The Contractor is responsible for arranging and paying for required inspections, and obtaining and properly distributing appropriate certificates. Foreign governments will only accept a true copy of a certificate, i.e., a copy containing the original signature of the inspector. Certificates containing photostatic or facsimile copy signatures are not acceptable. The Contracting Officer will specify any additional requirements relating to the authenticity and acceptability of the phytosanitary certificates at time of order placement.

(b) Phytosanitary certificates will be distributed as follows:

(1) A true copy of the certificate (with an original signature) will be placed in a waterproof document protector and affixed by waterproof tape to a product container inside the shipping van. The certificate will be immediately visible upon opening the door of the shipping van.

(2) A second true copy (with original signature) will be placed in a waterproof document protector and affixed by waterproof tape to the door-latching mechanism on the outside of the shipping van.

(3) A third true copy (with original signature) will be express mailed to the overseas facility receiving the produce on behalf of the government. These addresses may vary, and will be specified at time of order placement.

(4) An information copy of the certificate (inspector’s signature may be a photostatic reproduction) will be mailed, or transmitted by facsimile to:

DLA Troop Support

Attention: HP

700 Robbins Avenue

Philadelphia, Pennsylvania 19111-5092

Fax Number: 215-737-4502

(c) The Contractor is liable for all losses incurred by the Government resulting from the Contractor’s failure to comply with the requirements of this clause.

(End of Clause)

52.246-9047 Entry into Plant by Government Employees for Meal, Ready-to-Eat (MRE) and Tray Pack Items.

As prescribed in 46.311-93, insert the following clause:

ENTRY INTO PLANT BY GOVERNMENT EMPLOYEES FOR MEAL, READY-TO-EAT (MRE) AND TRAY PACK ITEMS (AUG 2008)

The Contracting Officer or any Government personnel designated by the contracting office shall be permitted entry into Contractor’s and subcontractor’s plants during performance of manufacturing and assembly operations. Except for inspection service, the Contracting Officer shall give prior notice of the purpose of the meetings, and shall furnish dates of the visit.

(End of Clause)

52.246-9048 Packed Cracker Packets.

As prescribed in 46.805-90, insert the following clause:

PACKED CRACKER PACKETS (AUG 2008)

As a result of normal assembly processes it is expected that a portion of Contractor-furnished material (CFM) cracker packets will be damaged. As they contain government-furnished material (GFM) crackers, cracker packets designated for troop issue shall become the property of the government, at no additional cost to the Government.

(End of Clause)

52.246-9049 Storage of Semiperishable Components for Meal, Ready-to-eat (MRE) and Tray Pack.

As prescribed in 46.311-94, insert the following clause:

STORAGE OF SEMIPERISHABLE COMPONENTS FOR MEAL, READY-TO-EAT (MRE) AND TRAY PACK (AUG 2008)

(a) Components will be stored in such a manner as to protect them from damage due to temperature or humidity changes. Forced ventilation will be provided where it becomes necessary to protect stored components from high temperature or humidity. Candy components (excluding Type V, Class 1, high unfilled candies) and vacuum packaged cookies and brownies shall be stored in the following manner prior to assembly:

(1) If held in storage more than one but less than four months prior to assembly, they shall not be stored at a temperature higher than 60 degrees F.

(2) If held in storage five to six months prior to assembly, they shall not be stored at a temperature higher than 55 degrees F.

(3) If held in storage greater than six months prior to assembly, special temperature requirements will be established on a case-by-case basis; the Contractor will contact the Contracting Officer 60 days in advance to establish these requirements.

(4) If removed from storage in a frozen condition, they shall not be exposed to high temperatures and/or humidity without first being held for approximately 24 hours at approximately 70 degrees F. and 55% humidity.

(5) Contractor shall comply with provisions of the integrated pest management (IPM) programs requirements for operation rations. Contractor shall be solely responsible for the proper care and storage of GFM. DLA Troop Support may be contacted for assistance concerning individual component storage problems or concerns regarding proper method.

(6) Notwithstanding other requirements concerning stacking of pallets of GFM, pallets will be stacked one high unless the Contractor determines the cases will withstand higher stacking without damaging GFM.

(End of Clause)

52.246-9050 Acquisition of Liquids in Bulk Quantities.

As prescribed in 46.311-95, insert the following clause:

ACQUISITION OF LIQUIDS IN BULK QUANTITIES (AUG 2008)

(a) Acquisition by weight: The weights of the liquid delivered shall be determined by empty and loaded scale weights of the transport vehicle. If scales are not available, the weight of the liquid shall be determined by the volume of the liquid. The measurement temperature and sample of the contents of the transport vehicle shall be taken immediately after loading. The density of the liquid at the temperature taken at the time of measurement shall be determined by a method accurate to within 0.1%. The volume (in gallons) multiplied by the density (in pounds per gallon) will be the pounds loaded.

(b) Acquisition by volume: The volume of the liquid delivered shall be obtained by either of two methods.

(1) By volume. The volume of liquid in the transport vehicle shall be obtained by measurement. The temperature and sample of the liquid shall be taken at the time of measurement. If the temperature of the liquid is different than the temperature stated in the procurement document, the volume shall be corrected by:

(i) The known coefficient of expansion of the liquid, or

(ii) By determining the density of the liquid at the loading temperature and calculating the weight of the load, then dividing this weight by the known density (pounds per gallon) of the liquid temperature specified in the procurement document.

(2) By weight: The new weight of the liquid contents in the transportation vehicle is divided by the density of the liquid (expressed in pounds per gallon) at the temperature specified in the procurement document. The results will be gallons at this temperature. The Contractor shall furnish the Government representative all the necessary data and certifications required to determine the correctness and accuracy of the facilities and apparatus used in determining the quantity of liquids delivered.

(End of Clause)

52.246-9051 Repackaging of Hazardous Material.

As prescribed in 46.407-97, insert the following clause:

REPACKAGING OF HAZARDOUS MATERIAL (SEP 2008)

(a) Supplies to be delivered under this contract are considered hazardous as defined by FED-STD-313 (latest revision) or by the Government's technical representative. Accordingly, notwithstanding inspection at origin, the Inspection of Supplies Clause, or any other provision of this contract, the Government shall have the option to accept at destination supplies damaged in transit and/or nonconforming to the packaging, packing and marking (PP&M) requirements, and by contract or otherwise and without advance notification to the Contractor:

(1) Correct such damage and/or nonconformity; and

(2) Remove hazardous material spills and/or leakage resulting from damage in transit and/or nonconforming PP&M. The Contractor shall be liable for all costs related to such correction and removal.

(b) If this is a purchase order and the vendor furnishes supplies that are not in conformance with the PP&M requirements specified, such action shall not be deemed a counter offer but shall be deemed an acceptance by the vendor of the terms of the Government's offer as set forth in this purchase order.

(c) The rights and remedies provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract/purchase order.

(End of Clause)

52.246-9052 Warranty of Supplies.

As prescribed in 46.710-90, insert the following clause:

WARRANTY OF SUPPLIES (SEP 2008)

(a) Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing equipment or approves specific services as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

"Equipment," as used in this clause, means the end item furnished by the Contractor. The word does not include "data" or "services".

"Services," as used in this clause, means performing installation services on the equipment so that it is fully operational and ready for immediate use.

"Training," as used in this clause, means performing operational and maintenance training relative to the equipment as required by the contract.

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of equipment furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that after receipt of equipment at destination and continuing for an additional time of one year after date of acceptance of installation services*:

(i) All equipment, services and training furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing and marking, and the preparation for, and method of, shipment of such equipment will conform with the requirements of this contract; and

(iii) All equipment, services and training will be of a quality to pass without objection in the trade and will be fit for the particular purpose under the contract description.

*Note: When installation services are not required in the contract, then warranty coverage shall begin with the receipt of equipment at destination instead of acceptance of installation services.

(2) When return of the equipment to the Contractor and redelivery, if applicable, is required, transportation charges and responsibility for the equipment while in transit shall be borne by the Contractor. However, the Contractor's liability for such transportation charges shall not exceed an amount equal the cost of transportation by the usual commercial method of shipment between the designated point specified in this contract and the Contractor's plant, and return. The Contractor shall also be liable for:

(i) Handling costs and incidental charges incurred by the Government in the preparation of the above described equipment for return to the Contractor and in return of said equipment to place of installation after redelivery by the Contractor; and

(ii) Cost of Government examination of the corrected or replaced equipment computed and charged at the flat rate of $49.28 per hour

(3) Any equipment or parts thereof, corrected or furnished in replacement and any service or training reperformed under this clause, shall also be subject to the terms of this clause to the same extent as equipment, services and training initially delivered. The warranty, with respect to immediately above described equipment, parts thereof, services and training, shall be equal in duration to that in paragraph (b)(1) of this clause and shall begin upon inspection and acceptance of the corrected or replaced equipment or parts, or the reperformed service or training.

(c) Remedies available to the Government.

(1) Notice requirement: The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b) of this clause starting from receipt of equipment at destination and continuing for an additional time of 13 months after date of acceptance of installation services.

(2) Conformance of equipment or parts thereof, services thereon or training subject to warranty action shall be determined in accordance with the inspection and acceptance procedures contained in the contract except as provided herein. If the contract provides for sampling, the Contracting Officer may group any equipment delivered under this contract. The size of the sample shall be that required by the sampling procedure specified in the contract for the quantity of equipment on which warranty action is proposed. Warranty sampling results may be projected over equipment in the same shipment or other equipment contained in other shipments even though all of such equipment are not present at the point of reinspection and regardless of whether such equipment has been issued or consumed, provided (1) the equipment from which the samples were drawn are reasonably representative of the quantity on which warranty action is proposed, and (2) the defects found in the sample size are sufficient to reject the quantity of equipment on which warranty action is proposed, even though the sample size may be less than that required for such quantity. The original inspection lots need not be reconstituted, nor shall the Contracting Officer be required to use the same lot size as on original inspection. Within a reasonable time after the notice, the Contracting Officer may exercise one or more of the following remedies and also, following the exercise of an option, may unilaterally change it to one or more of the other remedies set forth below:

(i) Require an equitable adjustment in the contract price for any equipment or group of equipment, for the installation thereof, for training or for any combination thereof;

(ii) Either before, during or after installation, screen the equipment at Contractor's expense and return all nonconforming equipment to the Contractor for correction or replacement and performance or reperformance of installation services and training upon return of the equipment or for any combination thereof;

(iii) Either before, during or after installation, require the Contractor to screen the equipment and to correct/replace all nonconforming equipment or perform/reperform any installation services and training or for any combination thereof at destination. The Contractor shall proceed in accordance with the "Service Requirements" clause incorporated elsewhere in the contract;

(iv) Either before, during or after installation, return any equipment or group of equipment under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement, and performance or reperformance of installation services and training upon return of the equipment or for any combination thereof;

(v) Either before, during or after installation, return or hold for the Contractor's account any equipment or group of equipment delivered hereunder, whereupon the Contractor shall repay the contract price paid for the equipment, services, training or any combination thereof. In such event, the Government may reprocure similar equipment services and training as applicable, upon such terms and in such manner as the Contracting Officer may deem appropriate, and charge to the Contractor the additional cost occasioned the Government thereby.

(3) When remedy(c) (2) (ii), (c) (2) (iii), or (c) (2) (iv) of this clause is exercised, the Contractor may be required to submit in writing and within 30 days after receipt of notice of such invocation a schedule for either:

(i) Correction and/or replacement of all defective equipment and subsequent redelivery of the returned equipment; or,

(ii) Screening defective equipment at each destination involved and subsequent redelivery of all corrected and/or replaced equipment as well as performance or reperformance of installation services, training or any combination thereof upon return of the equipment. Such schedule will become a part of the contract delivery schedule upon agreement thereto by the Government. If the Contractor fails to provide an agreeable schedule within the specified period or any extension agreed to by the Government, the Government may correct the items and charge the Contractor's account or issue a contract for correction of the items and charge the Contractor's account; or exercise one or more of the remedies specified in paragraph (4) below.

(4) If the Contractor fails to accept return of the nonconforming equipment; or fails to make redelivery of the corrected or replaced equipment to the Government or to perform or reperform installation services, training, or any combination thereof within the time established; or fails to make progress after its return to correct or replace it so as to endanger performance within the time established for redelivery and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Contracting Officer may exercise one or more of the following remedies:

(i) Retain or have the Contractor return the nonconforming equipment and require an equitable adjustment in the contract price for the equipment, for the installation thereof, for training or for any combination thereof.

(ii) Return or hold the nonconforming equipment for the Contractor's account, or require the return of the nonconforming equipment and then hold for the Contractor's account, whereupon the Contractor shall repay the contract price for the equipment, services, training or any combination thereof. In such event, the Government may reprocure similar equipment, services and training upon such terms and in such manner as the Contracting Officer may deem appropriate, and charge to the Contractor the additional costs occasioned the Government thereby.

(iii) If the Contractor fails to furnish timely disposition instructions, dispose of the nonconforming equipment for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor or from the proceeds for the reasonable expenses of the care and disposition of the nonconforming equipment, as well as for any other costs incurred or to be incurred.

(5) 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 of this contract.

(d) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract.

(e) When the contract specifies ultimate delivery of equipment to a location outside the contiguous United States, such location shall be deemed the destination for purposes of this clause.

(End of Clause)

52.246-9053 Commercial Warranty.

As prescribed in 46.709-90, insert the following clause:

COMMERCIAL WARRANTY (SEP 2008)

The Contractor agrees that the supplies or services furnished under this contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. Attach a copy of the commercial warranty to this offer if applicable.

(End of Clause)

52.246-9054 Warranty – Acceptance of Supplies.

As prescribed in 46.710-91, insert the following clause:

WARRANTY - ACCEPTANCE OF SUPPLIES (NOV 2011)

This clause is applicable when surplus materials are accepted (Defense Logistics Acquisition Directive (DLAD) clause 52.211-9000), when a certificate of conformance (Federal Acquisition Regulation (FAR) 52.246-15) supports or forms the basis for acceptance of supplies at origin by the Government, or when acceptance is performed by the Government at destination.

(a) The Contractor warrants for a period of one year that the supplies at time of delivery conform to all contract requirements. If this warranty is breached, the Government may elect to:

(1) reject the supplies and require refund of contract price; or

(2) require the Contractor at its expense to repair or replace the supplies; or

(3) repair or correct the supplies and charge the Contractor for the costs the Government incurred; or

(4) retain the supplies and require an equitable adjustment in the contract price.

(b) The Government shall mail or otherwise furnish notice to the Contractor of the breach of this warranty within one year after date of delivery, inform the Contractor of the remedy exercised and shall require the Contractor to take action accordingly. Any disputes as to the breach of this warranty shall be resolved under the Disputes clause of the contract.

(c) The rights hereby provided the Government shall not be affected by other clauses concerning the conclusiveness of inspection and acceptance and are in addition to and do not limit any rights of the Government under other clauses of this contract.

(End of Clause)

52.246-9055 Warranty of Supplies and Virtual Prime Vendor.

As prescribed in 46.710-92, insert the following clause:

WARRANTY OF SUPPLIES AND VIRTUAL PRIME VENDOR (SEP 2008)

(a) General Application.

(1) The Contractor warrants, at the time of delivery to the user and for one year thereafter, that the supplies delivered conform to all the technical requirements of the delivery order. Contractor further warrants the supplies are free from defects in workmanship or material. Within a reasonable period of discovering any defect, but not later than 30 days after the warranty period, the Government shall give the Contractor written notice of any defect, except as provided in subsection (a)(2) or (3). The Contractor shall replace the nonconforming supplies within the time period allowed in the current order to ship time (OST) or contractor processing time (CPT), as applicable, performance metric for routine requisitions. This period begins upon receipt of the Government's notice. The Contractor is responsible for all costs incurred in returning and replacing the nonconforming supplies.

(2) On-site liaison. For supplies delivered to customers operating where the Contractor has an on-site liaison, the warranty in section (a)(1) applies except that the customer may notify the Contractor liaison of a nonconforming supply via email and may return the nonconforming supply to the liaison.

(3) Off-site liaison. For supplies delivered to customers operating where the Contractor has an off-site liaison, the warranty in section (a)(1) applies except that the customer may notify the Contractor liaison of a nonconforming supply via email.

(b) The benefits conferred by this warranty shall operate independently of, and be supplemented by, the benefits conferred by any manufacturer's or supplier's warranty.

(c) The liaison must immediately document in writing any reported discrepancy to the Administrative Contracting Officer and any disposition instruction provided by the liaison. The Contractor shall make available on its website all relevant information about reported discrepancies, defects, and actions taken.

(End of Clause)

52.246-9056 Warranty Period for Overseas Shipments.

As prescribed in 46.706-90, insert the following clause:

WARRANTY PERIOD FOR OVERSEAS SHIPMENTS (SEP 2008)

For overseas shipments, the warranty period begins when the supplies are received at the overseas destination.

(End of Clause)

52.246-9057 Warranty of Data.

As prescribed in 46.708-90, insert the following clause:

WARRANTY OF DATA (SEP 2008)

(a) Definition. Technical data as used in this clause, means recorded information, regardless of the form or method of the recording of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(b) Warranty.

(1) Notwithstanding inspection and acceptance by the Government of the technical data package furnished under this contract and notwithstanding any provision of this contract concerning the conclusiveness thereof, the Contractor warrants the technical package as delivered will, without any additional data, be adequate to enable any competent manufacturer to produce the item without 1) resort to or the need for additional design effort; or (2) require any additional data from the Contractor.

(2) The Contractor also warrants the technical data package does not require the incorporation of any product made solely by the Contractor and the data includes, in addition, all other necessary information, a complete description of and the right to use by or for the Government, any manufacturing processes identified in the technical data package which are not common industry practices.

(3) The Contractor further warrants all technical data delivered under this contract will at the time of delivery conform with the specifications and all other requirements of this contract.

(4) The warranty shall remain in effect until the first production Contractor has manufactured and tested items in accordance with the technical data package provided by the Contractor and the items accepted by the Government or three years, whichever occurs first. The production Contractor shall be the first Contractor to manufacture and sell the items to the Government under contract using the technical data package furnished by the Contractor under this contract. The three year warranty period shall be computed from the date of Government acceptance of the technical data package as indicated by the Government's execution of a DD 250 or other form clearly expressing acceptance.

(c) Notification.

(1) The Contractor agrees to notify the Contracting Officer in writing immediately of any breach of the above warranty which the Contractor discovers within the warranty period.

(2) The Contracting Officer shall give written notice to the Contractor of any breach of warranty in this clause within 90 days after discovery of a defect.

(d) Remedies. The following remedies shall apply to all breaches of the above warranty provided the government notifies the Contractor of the breach in writing within period stated in paragraph (c)(2):

(1) Within 30 days after the Contracting Officer notifies the Contractor of a breach of warranty, the Contracting Officer may by written notice, direct the Contractor to correct or replace at the Contractor's expense the nonconforming technical data package.

(2) If the Contractor refuses or fails to comply with the direction under (d)(1) above, the Contracting Officer may, within 90 days of such refusal or failure, by contract or otherwise, correct or replace the nonconforming technical data package and charge the Contractor the cost occasioned to the Government thereby.

(e) Additional liabilities. In addition to the remedies under paragraph (d)(1) and (2) of this clause, the Contractor shall be liable to the Government for all damages of any sort which the Government suffers as a result of the breach of warranty.

(End of Clause)

52.246-9058 Warranty of Supplies.

As prescribed in 46.710-93, insert the following clause:

WARRANTY OF SUPPLIES (SEP 2008)

(a) Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

"Supplies," as used in this clause, means the end item furnished by the Contractor and related services required under the contract. The word does not include "data".

(b) Contractor's Obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year after receipt of supplies at destination or, in the case of supplies required to bear an expiration date, for the expiration dating period indicated in the labeling thereof:

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return of the supplies to the Contractor and redelivery, if applicable, is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. The Contractor shall also be liable for

(i) handling costs and incidental charges incurred by the Government in the preparation of the above described supplies for return to the Contractor and in return of said supplies to storage, after redelivery by the Contractor and

(ii) for cost of Government examination of the corrected or replaced supplies computed and charged at the flat rate of $49.28 per hour.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of receipt at destination of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies Available to the Government.

(1) Notice Requirement: The Contracting Officer shall give notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 13 months from receipt of supplies at destination or, in the case of supplies required to bear an expiration date, no later than one month following the expiration date indicated in the labeling thereof.

(2) Within a reasonable time after the notice, the Contracting Officer may exercise one or more of the following remedies; and also, following the exercise of any remedy, may unilaterally change it to one or more other of the other remedies set forth below:

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances, after which the Contractor shall promptly make appropriate repayment; or

(iii) Return or hold for Contractor's account any supplies or group of supplies delivered hereunder, whereupon the Contractor shall repay the contract price paid therefore. In such event, the Government may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem appropriate, and charge to the Contractor the cost occasioned the Government thereby.

(3) When the remedy in paragraph (c)(2) of this clause is exercised, the Contractor is required to submit in writing and within 30 days after receipt of notice of such invocation a schedule for correction and/or replacement of all nonconforming supplies and subsequent redelivery of the returned supplies. Such schedule will become a part of the contract delivery schedule upon agreement thereto by the Government. If the Contractor fails to provide an agreeable schedule within the specified period, or any extension agreed to by the Government, the Government may:

(i) correct the items and charge the Contractor's account or

(ii) issue a contract for correction of the items and charge the Contractor's account or

(iii) exercise one or more of the remedies specified in (4) below.

(4) If the Contractor fails to accept return of the nonconforming supplies; or, fails to make redelivery of the corrected or replaced supplies to the Government within the time established; or, fails to make progress after their return to correct or replace them so as to endanger performance within the time established for redelivery and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Contracting Officer may exercise one or more of the following remedies:

(i) Retain or have the Contractor return the nonconforming supplies and require an equitable adjustment in the contract price.

(ii) Return or hold the nonconforming supplies for Contractor's account, or require the return of the nonconforming supplies and then hold for Contractor's account, whereupon the Contractor shall repay the contract price therefore. In such event, the Government may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem appropriate, and charge to the Contractor the additional cost occasioned the Government thereby.

(iii) If the Contractor fails to furnish timely disposition instructions, dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor or from the proceeds for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for any other costs incurred or to be incurred.

(5) 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 of this contract.

(d) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the “Disputes” clause of this contract.

(e) When the contract specifies ultimate delivery of supplies to a location outside the contiguous United States, such location shall be deemed the destination for purposes of this clause.

(End of Clause)

52.246-9059 Warranty of Supplies (Commercial Items).

As prescribed in 46.709-91, insert the following clause:

WARRANTY OF SUPPLIES (COMMERCIAL ITEMS) (SEP 2008)

(a) Definitions.

“Acceptance”, as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Correction”, as used in this clause, means the elimination of a defect.

“Supplies”, as used in this clause, means the end item furnished by the Contractor and related services required under the contract. The word does not include “data”.

(b) Contractor’s Obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year after receipt of supplies at destination or, in the case of supplies required to bear an expiration date, for the expiration dating period indicated in the labeling thereof, all supplies furnished—

(i) Are of a quality to pass without objection in the trade under the contract description;

(ii) Are fit for the ordinary purposes for which the supplies are used;

(iii) Are within the variations permitted by the contract, and are of an even kind, quality, and quantity within each unit and among all units;

(iv) Are adequately contained, packaged, and marked as the contract may require; and

(v) Conform to the promises or affirmations of fact made on the container.

(2) When return of the supplies to the Contractor and re-delivery, if applicable, is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. The Contractor shall also be liable for (i) handling costs and incidental charges incurred by the Government in the preparation of the above described supplies for return to the Contractor and in return of said supplies to storage, after redelivery by the Contractor and (ii) for cost of Government examination of the corrected or replaced supplies computed and charged at the flat rate of $49.28 per hour.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of receipt at destination of the corrected or replaced supplies.

(c) Remedies Available to the Government.

(1) Notice Requirement: The Contracting Officer shall give notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 13 months from receipt of supplies at destination or, in the case of supplies required to bear an expiration date, no later than one month following the expiration date indicated in the labeling thereof.

(2) Within a reasonable time after the notice, the Contracting Officer may exercise one or more of the following remedies; and also, following the exercise of any remedy, may unilaterally change it to one or more other remedies set forth below:

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances, and the Contractor shall promptly make appropriate repayment; or

(iii) Return or hold for Contractor's account any supplies or group of supplies delivered hereunder, whereupon the Contractor shall repay the contract price paid therefore. In such event, the Government may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem appropriate, and charge to the Contractor the cost occasioned the Government thereby.

(3) When the remedy in paragraph (c)(2) of this clause is exercised, the Contractor is required to submit in writing and within 30 days after receipt of notice of such invocation a schedule for correction and/or replacement of all nonconforming supplies and subsequent redelivery of the returned supplies. Such schedule will become a part of the contract delivery schedule upon agreement thereto by the Government. If the Contractor fails to provide an agreeable schedule within the specified period, or any extension agreed to by the Government, the Government may (i) correct the items and charge the Contractor's account or (ii) issue a contract for correction of the items and charge the Contractor's account or (iii) exercise one or more of the remedies specified in (4) below.

(4) If the Contractor fails to accept return of the nonconforming supplies; or, fails to make redelivery of the corrected or replaced supplies to the Government within the time established; or, fails to make progress after their return to correct or replace them so as to endanger performance within the time established for redelivery and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Contracting Officer may exercise one or more of the following remedies:

(i) Retain or have the Contractor return the nonconforming supplies and require an equitable adjustment in the contract price.

(ii) Return or hold the nonconforming supplies for Contractor's account, or require the return of the nonconforming supplies and then hold for Contractor's account, whereupon the Contractor shall repay the contract price therefore. In such event, the Government may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem appropriate, and charge to the Contractor the additional cost occasioned the Government thereby.

(iii) If the Contractor fails to furnish timely disposition instructions, dispose of the nonconforming supplies for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor or from the proceeds for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for any other costs incurred or to be incurred.

(5) 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 of this contract.

(d) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract.

(e) When the contract specifies ultimate delivery of supplies to a location outside the contiguous United States, such location shall be deemed the destination for purposes of this clause.

(End of Clause)

52.246-9060 Warranty of Supplies (Commercial Items).

As prescribed in 46.709-92, insert the following clause:

WARRANTY OF SUPPLIES (COMMERCIAL ITEMS) (SEP 2008)

(a) Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

"Supplies," as used in this clause, means the end item furnished by the Contractor and related services required under the contract. The word does not include "data".

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for _______________ after receipt of supplies at destination or, in the case of supplies required to bear an expiration date, for the expiration date indicated in the labeling thereof, all supplies furnished

(i) Are of a quality to pass without objection in the trade under the contract description;

(ii) Are fit for the ordinary purposes for which the supplies are used;

(iii) Are within the variations permitted by the contract, and are of an even kind, quality and quantity within each unit and among all units;

(iv) Are adequately contained, packaged, and marked as he contract may require; and

(v) Conform to the promises or affirmations of fact made on the container.

(2) When return of the supplies to the Contractor and redelivery, if applicable, is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. The Contractor shall also be liable for:

(i) Handling costs and incidental charges incurred by the Government in the preparation of the above described supplies for return to the Contractor and in return of said supplies to storage, after redelivery by the Contractor; and

(ii) For cost of Government examination of the corrected or replaced supplies computed and charged at the flat rate of $49.28 per hour.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of receipt of the corrected or replaced supplies at destination.

(c) Remedies available to the Government.

(1) Notice Requirement: The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within ___________ from receipt of supplies at destination or, in the case of supplies required to bear an expiration date, no later than one month following the expiration date indicated in the labeling.

(2) Conformance of supplies or parts thereof subject to warranty action shall be determined in accordance with the inspection and acceptance procedures contained in the contract except as provided herein. If the contract provides for sampling, the Contracting Officer may group any supplies delivered under this contract. The size of the sample shall be that required by the sampling procedure specified in the contract for the quantity of supplies on which warranty action is proposed, except when projecting sampling results. Warranty sampling results may be projected over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection and regardless of whether such supplies have been issued or consumed, provided (1) the supplies from which the samples were drawn are reasonably representative of the quantity on which warranty action is proposed, and (2) the defects found in the sample size are sufficient to reject the quantity of supplies on which warranty action is proposed, even though the sample size may be less than that required for such quantity. The original inspection lots need not be reconstituted, nor shall the Contracting Officer be required to use the same lot size as on original inspection. Within a reasonable time after the notice, the Contracting Officer may exercise one or more of the following options; and also, following the exercise of any option, may unilaterally change it to one or more of the other options set forth below:

(i) Require an equitable adjustment in the contract price for any supplies or group of supplies;

(ii) Screen the supplies grouped under this clause at Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement;

(iii) Require the Contractor to screen the supplies at depots designated by the Government within the continental United States and to correct or replace all nonconforming supplies;

(iv) Return any supplies or group of supplies under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement;

(v) Return or hold for Contractor's account any supplies or group of supplies delivered hereunder, whereupon the Contractor shall repay the contract price paid therefore. In such event, the Government may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem appropriate, and charge to the Contractor the additional cost occasioned the Government thereby.

(3) When remedy (c) (2) (iii) or (c) (2) (iv) of this clause is exercised, the Contractor is required to submit in writing and within 30 days after receipt of notice of such invocation a schedule for either:

(i) Correction and/or replacement of all defective supplies and subsequent redelivery of the returned supplies; or,

(ii) Screening defective supplies at each depot involved and subsequent redelivery of all corrected and/or replaced supplies.

Such schedule will become a part of the contract delivery schedule upon agreement thereto by the Government. If the Contractor fails to provide an agreeable schedule within the specified period, or any extension agreed to by the Government, the Government may correct the items and charge the Contractor's account; or, issue a contract for correction of the items and charge the Contractor's account; or, exercise one or more of the remedies specified in paragraph (4) below.

(4) If the Contractor fails to accept return of the nonconforming supplies; or, fails to make redelivery of the corrected or replaced supplies to the Government within the time established; or, fails to make progress after their return to correct or replace them so as to endanger performance within the time established for redelivery and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Contracting Officer may exercise one or more of the following remedies:

(i) Retain or have the Contractor return the nonconforming supplies and require an equitable adjustment in the contract price.

(ii) Return or hold the nonconforming supplies for Contractor's account, or require the return of the nonconforming supplies and then hold for Contractor's account, whereupon the Contractor shall repay the contract price therefore. In such event, the Government may reprocure similar supplies upon such terms and in such manner as the Contracting Officer may deem appropriate, and charge to the Contractor the additional costs occasioned the Government thereby.

(iii) If the Contractor fails to furnish timely disposition instructions, dispose of the nonconforming supplies for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor or from the proceeds for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for any other costs incurred or to be incurred.

(5) 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 of this contract.

(d) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract.

(e) When the contract specifies ultimate delivery of supplies to a location outside the contiguous United States, such location shall be deemed the destination for purposes of this clause.

(End of Clause)

52.246-9061 Warranty of Industrial Plant Equipment (IPE) – Federal Supply Group (FSG) 34.

As prescribed in 46.710-94, insert the following clause:

WARRANTY OF INDUSTRIAL PLANT EQUIPMENT (IPE) – FSG 34 (SEP 2008)

(a) Definitions: "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract. "Supplies," as used in this clause, means the end items furnished by the Contractor and related services required under this contract. The word does not include "Data."

(b) Contractor's obligations.

(1) The Contractor warrants that for one (1) year all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract. Warranty period begins from the date of acceptance.

(2) Any supplies or parts thereof corrected or furnished in replacement by the Contractor shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) When the machine is inoperable because of a defect, deficiency and/or nonconformance subject to the Contractor's warranty, and after the Contractor has received written notice of the defect, deficiency or nonconformance, the warranty shall be extended for the time period during which the machine was inoperable (i.e., length of time from when Contractor receives notification until machine is operable.)

(4) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the non-availability.

(5) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(6) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the free on board (f.o.b.) point or the point of acceptance) to the Contractor's plant and return. When defective items are returned to the Contractor from other than the place of delivery specified in the contract, or when the Government exercises alternate remedies, the Contractor's liability for transportation charges incurred shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in the contract and the Contractor's plant and subsequent return.

(7) The warranties expressed herein are in lieu of any implied warranties of merchantability and “fitness for a particular purpose”.

(c) Remedies available to the Government.

(1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) and (b)(2) of this clause, the Government may, at no increase in contract price-

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or point of acceptance) or at the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies, or

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(iii) Where it is impracticable for the Government to pursue remedies at (i) and (ii), the Government may arrange for the repair or replacement of defective or nonconforming supplies by the Government or by another source at the Contractor's expense. Where the Government is to accomplish the repair, the Contractor at the Government's option will furnish the material or parts and the instruction required to successfully accomplish the repair.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(4) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within a reasonable period, but not later than 45 days after discovery of the defect. The Contractor shall submit to the Contracting Officer a written recommendation within 2 working days as to the corrective action required to remedy the breach. After the notice of breach, but not later than 5 days after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacements in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction within 5 days of receipt. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) and (b)(2) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause shall be 45 days from the discovery of the defect.

(5) 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 of the contract.

(6) The Contractor shall be liable for the reasonable costs of disassembly and/or reassembly of larger items when it is necessary to remove the supplies to be inspected and/or returned for correction or replacement.

NOTE: FAR clause 52.246-18 is applicable only if item(s) are placed in use within the land area of the united states contiguous to the 48 states.

(End of Clause)

52.246-9062 Repackaging to Correct Packaging Deficiencies.

As prescribed in 46.407-98, insert the following clause:

REPACKAGING TO CORRECT PACKAGING DEFICIENCIES (SEP 2008)

(a) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor guarantees that the preservation, packaging, packing and marking (PPP&M), and the preparation of, and method of shipment of such supplies will conform with the requirements of this contract.

(b) The Government may at the option of the Contracting Officer, correct PPP&M deficiencies, without prior Contractor notification, and require an equitable adjustment in the contract price to cover labor and material when the actual corrective costs are less than $300.

(c) If the Contractor furnishes supplies under a simplified acquisition that are not in conformance with the PPP&M requirements of the award, such action shall not be deemed a counter offer but shall be deemed an acceptance by the vendor of the terms of the Government's offer as set forth in the purchase order.

(End of Clause)

52.246-9063 Warranty of Supplies, Extended (66 Months).

As prescribed in 46.710-95, insert the following clause:

WARRANTY OF SUPPLIES, EXTENDED (66 MONTHS) (NOV 2011)

(a) Warranty.

(1) Notwithstanding inspection and acceptance by the Government of any end item furnished under this contract, or any term or condition of this contract concerning the conclusiveness thereof, the Contractor warrants that at the time of acceptance of each end item and continuing for a period of 66 months after each such acceptance:

(i) Each end item delivered under this contract will be free from defects in material and workmanship and will conform with all of the requirements of this contract; and

(ii) The preservation, packaging, packing and marking, and the preparation for, and method of, shipment of all end items will conform with the requirements of this contract.

(2) The warranties expressed herein are in lieu of any implied warranties of merchantability and fitness for a particular purpose.

(b) Notification.

(1) The Government will be entitled to receive a refund of all or part of the contract price as provided in paragraph (c) for a breach of warranty for an end which is detected within 66 months after acceptance of the end item, provided that an authorized Government official notifies the Contractor of the breach. The period for giving notice shall end 90 days after the expiration of the warranty for each end item. In addition to notifying the Contractor of a breach of warranty, the Government shall return to the Contractor each item for which such notice is given. The Government may return the item either before or after notifying the Contractor of the breach.

(2) The notification shall set forth the date on which the breach of warranty on an end item was detected.

(c) Remedy.

(1) With respect to each end item in which a breach of warranty is detected within 12 months after its acceptance, the Contractor shall refund the full contract price.

(2) With respect to each end item in which a breach of warranty is detected more than 12 months but less than 66 months after its acceptance, the Contractor will refund a portion of the contract equal to the unit price less 1/54th of such unit price for each month beyond 12 months that have passed from the date of acceptance of that end item until the date of detection of the breach of warranty on that end item.

(3) For any refund owed under this clause the Contractor shall send a check, payable to the accounting and finance officer, to DLA Aviation or to another location if so designated by the Contracting Officer, within 30 days after receipt of a notification under paragraph (b) or within 30 days after receipt of the returned item, whichever occurs later. Each such check will be substituted with a statement identifying the Contractor, contract number, item name, national stock number, total amount of the check, and for each end item for which an amount is included:

(i) End item serial number;

(ii) Warranty expiration date;

(iii) Date notification of breach of warranty was received by the Contractor; and

(iv) The amount included in the check for such end item.

(d) Transportation costs. The Government will bear the cost of shipment of each end item returned to the Contractor's plant.

(e) Government rights. 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 of this contract.

(f) Title. Title to a returned end item shall be deemed to be transferred to the Contractor upon receipt by the Government of the refund for that item.

(g) Conditions. With respect to each end item accepted by the Government under this contract, it shall be presumed that there has been a breach of warranty if at any time within 66 months after its acceptance such items fails to operate/perform as required, unless:

(1) The Government fails to return the end item to the Contractor; or

(2) The Contractor establishes that:

(i) The end item is not defective or nonconforming; or

(ii) The defect or nonconformity is attributable solely to improper or negligent installation, operation, handling, or maintenance of that end item by Government personnel; or

(iii) The defect or nonconformity is the result of damage in combat.

(h) Notification by the Contractor.

(1) The Contractor will notify the Contracting Officer within 7 days of the receipt of each end item returned to it by the Government. The notification will include the contract number, serial number, date of receipt, and name of activity returning the item. The Government may inspect any returned item at a time and location agreed on by the parties.

(2) The Contractor will notify the Contracting Officer within 30 days of its receipt of a notice of breach of warranty or the end item to which such notice applies, whichever occurs later, of any disagreement with the governments assertion of a breach of warranty. The Contractor may not thereafter assert in opposition to a claim of breach of warranty by the Government any fact about the condition of the end item that it knew of or could have known of by making a reasonable inspection of the end item within the above thirty day period.

(i) Definitions.

(1) "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

(2) "An authorized Government official," as used in this clause, means the Contracting Officer or a person designated by the Contracting Officer (either by name or by position

(End of Clause)

52.246-9064 Quality Conformance Inspection Requirements.

Insert the following clause as prescribed at 46.401-91(a):

QUALITY CONFORMANCE INSPECTION REQUIREMENTS (NOV 2011)

(a) Scope. This clause applies when manufactured parts are being acquired and the item description states that quality conformance inspection is required. If any provision herein is inconsistent with any other specification requirement of this order/contract, the other specification takes precedence over this clause.

(b) Specifications, standards.

(1) American Society of Mechanical Engineers (ASME) B46.1, Surface Texture

(2) ASME Y14.5M, Dimensioning and Tolerancing

(3) American National Standards Institute (ANSI)/ NCSL Z540.1, "Calibration Laboratories and Measuring and Test Equipment - General Requirements"

(4) National Bureau of Standards Federal Standard (FED-STD) H28, Screw Thread Standards for Federal Services

(5) American Society for Testing Materials (ASTM) Standards

(6) E8 - Test Methods for Tension Testing of Metallic Materials

(7) E10 - Test Methods for Brinell Hardness of Metallic Materials

(8) E18 - Test Methods for Rockwell Hardness and Rockwell Superficial Hardness of Metallic Materials

(9) International Organization for Standardization (ISO) 9000 "Quality management and quality assurance - Vocabulary"

(c) Requirements.

(1) Items procured in accordance with a technical data package that is complete for manufacture (e.g., Government drawing, commercially-available technical data, etc.) shall be tested/examined by the Contractor as follows:

(i) Machined surfaces of parts specified to a surface roughness value shall be examined in accordance with ASME B46.1 to determine conformance of surface roughness to a specified value.

(ii) Product threads shall be in accordance with FED-STD-H28.

(iii) Specified dimensional and geometric tolerances shall be measured using only calibrated measuring equipment that is certified and traceable to National Institute of Standards and Technology (NIST) for accuracy.

(iv) Testing shall be in accordance with applicable ASTM standards.

(2) Finished products shall be uniform in quality and condition; and clean, smooth and free from scale, burrs, slivers, sharp edges (unless a technical requirement), ragged or torn edges, and other defects considered detrimental to serviceability of product.

(d) Quality assurance provisions.

(1) Sampling for quality conformance inspection shall be as specified in the contract.

(2) The following classification of characteristics shall apply, unless otherwise specified:

(i) Critical:

(A) Diametrical and linear dimensions having a total tolerance of 0.001 inch (0.025 MM) or less.

(B) Surface finishes having a 16 rms value or less.

(C) Geometric Tolerances having a tolerance of 0.002 inch (0.051 MM) or less.

(D) Nondestructive tests - Magnetic particle inspection, Liquid penetrant inspection, Ultrasonic testing, Radiographic testing, etc.

(ii) Major:

(A) Diametrical and linear dimensions having a total tolerance greater than 0.001 inch (0.025 MM) up to and including 0.005 inch (0.1270 MM).

(B) Surface finishes having specified rms values over 16 but less than or equal to 63.

(C) Geometric tolerance having a tolerance greater than 0.002 inch (0.051 MM) and equal to or less than 0.008 inch (0.2032 MM).

(D) Threads specified to Class 3 tolerances.

(iii) Minor:

(A) Diametrical and linear dimensions having a total tolerance in excess of 0.005 inch (0.1270 MM).

(B) Surface finishes specified to rms values in excess of 63.

(3) Visual and dimensional characteristics that are found to be nonconforming with the requirements of the applicable drawing and the requirements of this provision shall be considered contractual nonconformances.

(4) Chemical test lot. For chemical analysis, a test lot shall consist of one heat or melt of material regardless of product sizes/shapes produced.

(5) Mechanical test lot. For mechanical testing, when heat treatment is a technical requirement, a lot shall consist of:

(i) One size/shape of "as received" material from a "Chemical Test Lot", or

(ii) Each heat treat batch or continuous furnace run of end items from a "Chemical Test Lot".

(6) Material certification. Written certification shall state that the material used conforms to the specification requirements and that test reports are on file. The Contractor shall present the material manufacturer's certificate of test for each heat or melt of material used in the manufacture of inspection lot product. The certificate shall show that the test results are in accordance with specification requirement and shall be entered into the inspection record. When a certificate of quality compliance (COQC) is a requirement, the material certification:

(i) Shall be signed by an authorized company officer or Contractor representative responsible for Quality Assurance;

(ii) Shall include actual test/inspection results; and

(iii) Shall include documentation for all required processes.

(7) Metallic products: Products produced from "as received" material, or from material purchased in accordance with technical requirements of the contract/order, including products to be heat treated during the manufacturing cycle, shall require certificates (test report results) or mill source certification; and shall be verified by the Contractor for conformance with the requirements of the applicable material specification, including conformance with the properties for the type, grade, class, condition ordered. Inconclusive certification will require verification testing in accordance with the applicable specification and shall be performed on the chemical test lot and mechanical test lot of any particular material received; and test report results shall form part of the contract inspection records.

(i) Heat treated parts: Those articles which during the manufacturing cycle have been heat treated as may be required by drawing to obtain desired mechanical properties must be tensile and/or hardness tested as applicable to assure conformance to the drawing requirements.

(2) When necessary due to product size, tensile test coupons may be taken from the same material from which the part is made. Test coupons shall be the same thickness as the maximum section of the part being heat treated and shall be subjected to the same heating and cooling cycles performed in the heat treatment of the parts.

(8) Non-metallic products: Test certificates from the raw material producer or source certification shall be examined by the Contractor for conformance to the applicable material application. The certification received from the material producer/supplier may be the sole basis for acceptance when the certificate establishes that the material meets the requirements of the applicable specifications. If the certificate is not complete, additional testing must be performed or data obtained to establish that material meets the requirements of the applicable specifications.

(9) Surface finishes and treatments/metallic coatings:

(i) Plating, surface finishes and treatments: Samples shall be selected, examined and tested in accordance with requirements of the applicable finish specification cited within technical documents of the contract with the acceptance/rejection criteria of the specification applying. In lieu of specific testing inspection criteria, the Contractor may furnish the plating vendor's certification with inspection results attached as objective quality evidence of surface finish conformance with specified requirements.

(ii) When hydrogen embrittlement relief treatment is required, the Contractor shall include on the certification a statement that product was so treated by baking at the temperature and time required.

(10) Examination for preparation for delivery. Examination of the preparation for delivery shall be performed to determine conformance with contractual requirements.

(End of Clause)

52.246-9065 Protection from Degradation due to Electrostatic/Electromagnetic Forces.

Insert the following clause as prescribed at 46.401-91(b):

PROTECTION FROM DEGRADATION DUE TO ELECTROSTATIC/ELECTROMAGNETIC FORCES (NOV 2011)

(a) This clause applies when the items being acquired are sensitive electronic devices. All items subject to degradation from Electrostatic/Electromagnetic (ES/EM) environmental field forces, including those having a military standard (MIL-STD) 2073-1 preservation method code of GX, shall be handled and packaged at an approved Field Force Protective Work Station.

(b) If the preservation method code in the solicitation does not specify ES/EM protection and the Offeror’s proposed item of supply is subject to degradation from ES/EM environmental field forces, Offerors shall provide appropriate technical packaging data with their proposals.

(c) Failure to provide required packaging data for offered items of supply which are subject to degradation from ES/EM environmental field forces may result in the offer not being considered for award.

(End of Clause)

52.246-9066 Documentation of Traceability.

As prescribed in 46.490(c), insert the following clause:

DOCUMENTATION OF TRACEABILITY (JAN 2009)

(a) All items furnished under this contract shall be in full compliance with the item description. Items shall be new and unused; unless former Government surplus material was offered in response to the solicitation, and was evaluated and approved in accordance with 52.211-9000. Any offers of “Alternate Product” shall require evaluation in accordance with 52.217-9002.

(b) If the offeror is not identified as an approved source in the item description, the offeror shall submit traceability documentation to the Contracting Officer on or before the date that offers are due. The documentation may be mailed, faxed, or scanned and e-mailed. All traceability documentation shall be legible and unaltered. (If any documentation to be submitted by the Offeror is illegible or has been altered, the Offeror shall also submit written documentation from the approved source, or from the authorized dealer/distributor for the approved source, to verify the illegible or altered information. Documentation from the approved source, or from the authorized dealer/distributor for the approved source, shall include the following: the name and address of the approved source, or of the authorized dealer/distributor for the approved source; the date of the correspondence; and the name and phone number of the representative of the approved source, or authorized dealer/distributor for the approved source, who provided the information.) The Contracting Officer may also require or consider additional evidence prior to award to establish the identity of the item and its manufacturing source. Failure to provide any required documentation within the stated timeframe may result in rejection of the offer.

(c) Traceability documentation shall, at a minimum, include the following:

(1) If the offeror is an authorized dealer/distributor for an approved source for the specific item being procured by the Government, the following requirements apply:

(i) The offeror shall provide one of the following:

(A) A copy of its current dealer/distributorship agreement;

(B) A letter of authorization from the approved source; or

(C) A link to an official Web site maintained by the approved source, which shall clearly identify the offeror as an authorized dealer/distributor.

(ii) By submission of documentation described in subparagraph (c)(1)(i) of this clause, the offeror represents that:

(A) The dealer/distributor relationship with the approved source applies to the specific item being procured by the Government; and

(B) If the offeror’s dealer/distributor status with the approved source changes, either before or after award, the offeror shall promptly notify the Contracting Officer. Failure to provide such notification may result in rejection of offer or cancellation of award.

(2) If the offeror is not an authorized dealer/distributor for an approved source for the specific item being procured by the Government:

(i) If the offered item is “not in stock/not currently owned by the offeror" or "not yet manufactured," the following requirements apply:

(A) The offeror shall furnish a verifiable quotation from the approved source, or from an authorized dealer/distributor for the approved source.

(B) The quotation shall include the following:

(1) The item part number or designation, which shall be provided in sufficient detail to document that the item being quoted is the same as the item being procured by the Government;

(2) The quantity, which shall be sufficient to satisfy the solicitation requirement;

(3) The unit price quoted by the approved source, or by the authorized dealer/distributor for the approved source;

(4) The date of the quotation; and

(5) The name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source.

(C) The quotation shall be on the letterhead of the approved source, or of an authorized dealer/distributor for the approved source; or an electronic quotation, which shall be clearly identifiable as coming to the offeror from the approved source, or from an authorized dealer/distributor for the approved source.

(D) If the item will be obtained from an authorized dealer/distributor for the approved source, the offeror shall provide the information described in subparagraph (c)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (c)(1)(ii) of this clause shall apply.

(ii) If the offered item is “shipped” or “in stock/currently owned by the offeror,” the following requirements apply:

(A) The offeror shall furnish one of the following documents:

(1) The invoice received by the offeror from the approved source, or from an authorized dealer/distributor for the approved source; or

(2) The packing slip that accompanied the shipment to the offeror from the approved source, or from an authorized dealer/distributor for the approved source. The packing slip shall include a packing slip number. (If no packing slip number was provided, the offeror shall obtain written documentation from the approved source, or from the authorized dealer/distributor for the approved source, verifying the packing slip number. Such documentation shall include the name and address of the approved source, or of the authorized dealer/distributor for the approved source; the date of the correspondence; and the name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source, who provided the information.)

(B) The documentation furnished in accordance with subparagraph (c)(2)(ii)(A) of this clause shall include the following:

(1) Date;

(2) Name and address of the approved source, or of the authorized dealer/distributor for the approved source;

(3) Name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source;

(4) The item part number or designation, which shall be provided in sufficient detail to document that the item provided to the offeror is the same as the item being procured by the Government;

(5) Quantity, which shall be sufficient to satisfy the solicitation requirement;

(6) Unit price charged by the approved source, or by the authorized dealer/distributor for the approved source; and

(7) Offeror’s name and address.

(C) If the item was obtained from an authorized dealer/distributor, the offeror shall provide the information described in subparagraph (c)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (c)(1)(ii) of this clause shall apply.

(3) If the items to be furnished are not obtained directly from an approved source, or from an authorized dealer/distributor of an approved source, the offeror shall provide documentation, as described in subparagraph (c)(2) of this clause, sufficient to establish the complete line of ownership or distribution from the approved source, or from an authorized dealer/distributor for the approved source, to the offeror.

(d) Notwithstanding any documentation provided by the offeror prior to contract award, the Government reserves the right to require additional documentation attesting to the authenticity of the material at any time before or after contract delivery.

(e) If the solicitation states that Inspection and Acceptance shall take place at Destination, the Government reserves the right to change the place of Inspection and Acceptance to Origin and to incorporate 52.246-9004, Product Verification Testing, at time of award, with no increase in awarded unit price.

(End of Clause)

52.246-9070 Commercial Bills of Lading (Bulk).

As prescribed in 46.601-93, insert the following clause:

COMMERCIAL BILLS OF LADING (BULK) (DLA ENERGY) (NOV 2011)

(a) Commercial bills of lading should not be used in the performance of this contract. The official record for the cargo lifts under bulk fuels contracts is the Department of Defense (DD) Form 250-1, Tanker/Barge Material Inspection and Receiving Report.

(b) If a fuel Contractor requires the use of a commercial bill of lading for record purposes, the bill of lading must clearly state, on the original and all copies, the following:

“Nonnegotiable instrument – DD form 250-1 is the official document for this Government cargo.”

(End of Clause)

52.246-9071 Drawings For Inspection (Logistics Command (LOGCOM) Depot Level Repairable (DLR) –DLA Land and Maritime).

As prescribed in 46.300 (97), insert the following clause:

DRAWINGS FOR INSPECTION (LOGISTICS COMMAND (LOGCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA LAND AND MARITIME) (NOV 2011)

The Contractor shall make legible drawings and the printed specifications to which the product was manufactured available to the Government quality assurance representative (QAR) at the time of production inspection. These drawings and specifications shall be annotated to the latest revision incorporated therein. Upon completion of product inspection and acceptance by the Government QAR, all drawings and specifications will be returned to the Contractor.

(End of Clause)

52.246-9072 Government Inspection (DLA Disposition Services).

As prescribed in 46.302-90, insert the following clause:

GOVERNMENT INSPECTION (DLA DISPOSITION SERVICES) (NOV 2011)

(a) All services will be subject to inspection by the Procuring Contracting Officer (PCO) and/or the PCO’s authorized representative(s). The Government has the right to inspect and obtain copies of all licenses, permits, and approvals issued by any Government entity or agency to the Contractor or its subcontractors that are applicable to the performance of services under this contract. The Government has the right to inspect and test, at its own expense, operations conducted by the Contractor or its subcontractors in the performance of this contract.

(b) The Government will be afforded free access to any facility used by the Contractor and any subcontractors in performing services under this contract, including offices and facilities where contract-related records are retained. Government inspections of Contractor and subcontractor facilities may be scheduled or unscheduled, i.e., announced or unannounced. The purpose of these inspections is to assist the Government in determining the conformance of services with contract requirements.

(c) The Contractor is solely and exclusively responsible for the quality of all services performed under this contract. The Government’s right to conduct inspections at Government, Contractor, or subcontractor facilities, does not relieve the Contractor of this responsibility. Neither Government failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the Government thereafter to reject services, nor relieve the Contractor of its obligation to perform work strictly in accordance with the contract.

(d) The Contractor, in its agreements with subcontractors, shall ensure that the inspection rights described herein are afforded the Government by each subcontractor performing services under this contract.

(End of Clause)

52.246-9073 Use of Commercial Concerns to Perform Inspection of Services and Facilities (DLA Disposition Services).

As prescribed in 46.302-90, insert the following clause:

USE OF COMMERCIAL CONCERNS TO PERFORM INSPECTION OF SERVICES AND FACILITIES (DLA DISPOSITION SERVICES) (NOV 2011)

(a) The Government reserves the right to utilize the services of commercial concerns to perform, or assist in the performance of surveillance, inspections, and/or tests of Contractor and/or subcontractor services as provided in the clause Inspection Of Services – Fixed Price 52.246-4. Such surveillance, inspections and/or tests may include, but shall not be limited to the performance, operations, documentation, and/or records of the Contractor or subcontractor that are required in the performance of this contract.

(b) Duly authorized commercial concerns will present a letter of authorization identifying themselves as a representative of the Government prior to surveillance, inspection and/or testing. Such surveillance, inspections and/or tests shall be performed in a manner that will not unduly interfere with contract performance.

(c) These commercial concerns are independent Contractors with limited grants of authority. They may not modify or interpret contracts or otherwise act on behalf of the Government or to issue any directions or instructions except as provided in this clause. The Government assumes no liability or responsibility for any actions or inactions of the commercial concerns or their employees, agents, or representatives.

(End of Clause)

52.246-9080 Points of Inspection and Acceptance.

As prescribed in 46.503-91, insert the following clause:

POINTS OF INSPECTION AND ACCEPTANCE (DLA ENERGY) (NOV 2011)

(a) Free on board (f.o.b.) origin deliveries will be inspected and accepted at origin.

(b) F.o.b. destination deliveries will be inspected at origin and accepted at destination.

(End of Clause)

52.246-9081 Certificate of Conformance.

As prescribed in 46.504-91, insert the following clause:

CERTIFICATE OF CONFORMANCE (DLA ENERGY) (NOV 2011)

(a) When authorized in writing by the cognizant contract administration office (CAO), the Contractor shall ship with a certificate of conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the certificate of conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the material inspection and receiving report (Department of Defense (DD) Form 250) or other authorized document that is distributed to the payment office (Block 12 of the DD Form 250). A copy shall also be sent with the shipment and to the CAO (Block 10 of the DD Form 250); however, the CAO copy shall only be sent if specifically requested by the Contracting Officer.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on [Date], [Contractor's name] furnished the supplies or services called for by [contract number] via [carrier] on [bill of lading or other shipping document] in accordance with all applicable requirements. I further certify 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 physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

[Date of Execution]

[Signature]

[Title]

(End of Clause)

52.246-9085 Production Lot Testing (PLT) – Government.

As prescribed in 46.392(b)(2)(i), insert the following clause:

PRODUCTION LOT TESTING (PLT) – GOVERNMENT (NOV 2011)

(a) For the Lots/Items specified, the Contractor is required to provide [Contracting Officer shall insert number of samples identified on Defense Logistics Agency pre-award contracting system (DPACS) PR Trailer or in Material Master, Classification, Product Assurance tab, Services for Object] Production Lot Testing (PLT) samples, at no additional charge to the Government. The PLT samples shall conform to all technical requirements in the contract.

(b) The Contractor shall provide written notice to the Contracting Officer and the Government quality assurance representative (QAR) at least fourteen (14) calendar days, or as otherwise specified in the contract, prior to the date when the Contractor will present the first production lot to the cognizant Government QAR for selection of PLT samples. In addition, the QAR may also select the number of samples designated above from later production lots. If first article testing is applicable, production lot testing is to be completed during production but after first article approval. The QAR will select and inspect the PLT samples, and furnish the Contractor a statement that the PLT samples have been inspected and, if they appear acceptable, that they have been preliminarily determined to comply with the contract requirements, subject to further testing by the Government testing facility. If a PLT sample fails QAR preliminary inspection, the entire production lot quantity produced will be rejected. The QAR shall notify the Contracting Officer of rejection and proposed corrective action, if appropriate. Upon receipt of Defense Logistics Agency (DLA) concurrence, the Defense Contract Management Agency will issue a corrective action report (CAR) and have the Contractor resubmit a new production lot quantity. QAR inspection and preliminary approval of the samples is required before the Contractor is authorized to ship PLT samples to the Government testing facility, or to resubmit PLT samples after any disapproval by the Government testing facility.

(c) Following QAR inspection and preliminary approval, the Contractor shall ship the PLT samples to the Government testing facility. The Contractor shall prepare shipping containers for PLT samples to ship to [Contracting Officer shall insert name and address of testing facility as identified on DPACS PR trailer or in material master, classification, product assurance tab, services for object in accordance with the following:

(1) Exterior marking and shipping documentation.

(i) Mark packages containing PLT samples in bold capital letter, below and to the left of the address, as follows: “Production lot samples -= do not post to stock: Contract number [Contractor insert] and lot/item number [Contractor insert].”

(ii) Use a paper copy of the Department of Defense (DD) Form 250/wide are work flow (WAWF) Receiving Report as a packing list on the exterior of the shipping container, in accordance with military standard (MIL-STD) 129, Revision P, 5.3, Exterior Container Documentation.

(2) Interior documentation requirements. Include the following with all shipments of PLT samples (electronic media preferred; format should be compatible with Government/industry software, e.g., Adobe PDF):

(i) The statement of inspection and DD Form 250/WAWF receiving report, signed by the QAR;

(ii) Copy of the contract/order;

(iii) Copies of test reports, showing actual results and tolerances specified in the technical data package;

(iv) Material and process certifications;

(v) Process operations and inspection method sheets;

(vi) Copies of drawings used to manufacture the PLT sample (the Contractor is responsible for properly marking technical data if it asserts proprietary or other rights to restrict from public disclosure and/or from Government use other than for evaluation, to the extent consistent with the Government’s data rights under this contract);

(vii) Documents required under a contract deliverables requirements list, if applicable;

(viii) A Prepaid shipping label or document with the information required to return PLT samples to the Contractor at no cost to the Government, as follows:

(A) Contractor’s complete “ship to” address;

(B) Name of Contractor’s point of contact/addressee;

(C) Phone number of Contractor’s point of contact; and

(D) Transportation cost codes (e.g., Contractor’s FED-EX, DHL, UPS shipping account numbers, etc.); and

(ix) Any other documentation required by the contract.

(3) Additional shipping instructions.

(i) Send all PLT samples by traceable means (e.g., certified or registered mail, United Parcel Service or Federal Express).

(ii) At the time PLT samples are shipped, provide copies of the signed DD Form 250/WAWF Receiving Report and the QAR Statement of Inspection (see subparagraph (c)(2)(i) above), transportation tracking information, and information required to return PLT samples to the Contractor (see (c)(2)(viii) above) to:

(A) The Contracting Officer; and

(B) The applicable FAT/Testing Monitor as identified below (or to the ACO, when no FAT/Testing Monitor is identified):

(1) DLA Land and Maritime at Columbus

Government Test Point of Contact

Post Office (P.O.) Box 3990

Columbus, Ohio 43218-3990

(2) DLA Aviation at Richmond

Attention: Testing Program Manager

8000 Jefferson Davis Highway

Richmond, Virginia 23297

(3)(i) DLA Aviation (or DLA Land and Maritime) at Philadelphia

Attention: First Article/Testing Monitor

Building 3

700 Robbins Avenue

Philadelphia, Pennsylvania 19111; or

(ii) For acquisitions of clothing and textile (C&T) items; medical and subsistence items; and meal, ready-to-eat (MRE) and tray pack items, the Contracting Officer, who acts as FAT/testing monitor.

(4) Required delivery timeframes. The Contractor shall ensure delivery of PLT samples to the testing facility in sufficient time prior to the required delivery date for the production quantity to allow for the following:

(i) Transportation time from the Contractor to the testing facility;

(ii) A Contracting Officer shall insert number of days to test, as shown in material master, classification, product assurance tab calendar day period for the facility to conduct the testing after receipt of the PLT samples;

(iii) At least a Contracting Officer insert number of days to review, as shown on DPACS PR trailer or in material master, classification, product assurance tab calendar day period for internal review and forwarding of the testing facility results and recommendation of approval or disapproval to the Contractor.

(d) The Contractor is responsible for all transportation charges incurred in the submission and return of any PLT samples, and all costs of manufacturing and retesting additional PLT samples and production quantities; the Contractor shall reimburse the Government for the cost of retesting PLT samples.

(e) Upon completion of the PLT sample testing, the Government test facility will provide the test results to the FAT/Testing Monitor (or ACO) and to the Contracting Officer.

(1) If the PLT sample is disapproved, the Government shall advise the Contractor of the nonconformance, and whether the Contractor will be allowed to produce a new lot to tender for testing. Disapproval of the PLT sample is grounds for rejection of the entire production lot produced. The Contractor shall discard any failed production lot produced and produce a new production lot under the contract terms and conditions. The new lot shall be completed within the time specified by the Government.

(2) The Government reserves the right to require an equitable adjustment of the contract price in favor of the Government for any extension of the delivery schedule or for any additional costs to the Government related to these tests. When notified of disapproval, the Contractor shall respond within 15 calendar days and address the Contracting Officer’s disposition recommendation. Final disposition on conditionally approved or disapproved PLT samples is determined at the discretion of the Contracting Officer, and the samples may be destroyed without liability from the Government to the Contractor.

(f) The Contracting Officer and any Government personnel designated by the Contracting Officer shall be permitted entry into the Contractor’s plan to observe and consult during manufacturing operations.

(g) Approved PLT samples will be returned to the Contractor for delivery with the production quantity and will be paid for under the production quantity CLIN, unless samples were destroyed in testing.

(1) In the event samples were destroyed in testing, a modification will be issued to decrease the production CLIN quantity by the number of samples destroyed in testing.

(2) The quantity and cost of approved samples consumed in or otherwise rendered unusable by testing will bow added to the additive CLIN for the production lot test, and this will be used to reimburse the Contractor for those samples using the unit price for that production lot under the production CLIN. That is the sole purpose of the PLT Additive CLIN. The Government has no liability to the Contractor for disapproved PLT samples, whether intact or destroyed in testing.

(End of Clause)

52.246-9086 Production Lot Testing (PLT) – Contractor.

As prescribed in 46.392(b)(2)(ii), insert the following clause:

PRODUCTION LOT TESTING (PLT) – CONTRACTOR (JUL 2011)

(a) For the lots/items identified in this contract as requiring “production lot testing (PLT) Contractor (including test report),” the Contractor shall –

(1) Produce the production lot quantity. The Government Quality Assurance Representative (QAR) shall select [Contracting Officer shall insert number of samples identified on DPACS PR Trailer or in Material Master, Classification, Product Assurance tab, Services for Object samples at random from the first production lots produced to determine conformance with technical requirements as stated and/or referenced in the solicitation. In addition, the QAR may also select the same number of samples from any successive lot. If First Article Testing is applicable, production lot testing is to be completed during production but after First Article approval. The QAR will select and inspect the PLT samples, and furnish the Contractor a statement that the PLT samples have been inspected and, if they appear acceptable, that they have been preliminarily determined to comply with the contract requirements, subject to further testing in accordance with this clause. If a PLT sample fails QAR preliminary inspection, the entire production lot quantity produced will be rejected. The QAR shall notify the Contracting Officer of rejection and propose corrective action, if appropriate. Upon receiving DLA concurrence, DCMA will issue a corrective action report (CAR) and have the Contractor resubmit a new production lot quantity. QAR inspection and preliminary approval of the samples is required before the Contractor is authorized to conduct testing pursuant to this clause.

(2) Provide all facilities, equipment and personnel required to perform the testing the PLT samples.

(3) Provide written notice to the Contracting Officer and the QAR of the time and location of the testing at least fourteen (14) calendar days, or as otherwise specified in the contract, prior to the production lot testing so the Government may witness the tests. Testing is to be witnessed by the cognizant QAR.

(4) Prepare and disseminate the PLT Report as follows:

(i) Mark the test report, “Production Lot Test Report – Contract Number [Contractor insert] and Lot/Item Number [Contractor insert].”

(ii) Present the PLT report to the QAR for review. The QAR will include a report of the QAR’s conclusions and recommendations along with the Contractor test report. The Contractor shall forward two (2) copies of the PLT Report and QAR report to the Contracting Officer.

(iii) Include the following with all shipments of PLT Reports (electronic media preferred; format should be compatible with Government/industry software, e.g., Adobe PDF.):

(A) The statement of inspection and DD Form 250, signed by the QAR;

(B) Copy of the contract/order;

(C) Copies of test reports, showing actual results and tolerances specified in the technical data package;

(D) Material and process certifications;

(E) Process operations and inspection method sheets;

(F) Copies of drawings used to manufacture the PLT sample (properly marked by the Contractor if it desires to restrict from public (properly marked by Contractor if it desires to restrict from public disclosure and/or from Government use other than for evaluation, to the extent consistent with the Government’s data rights under this contract); and

(G) Documents required under a contract deliverables requirements list, if applicable.

(iv) Submit the PLT report and QAR report to the Government activity specified in the contract in sufficient time prior to the delivery date of the production quantity to allow for at least a [the Contracting Officer shall insert number of days as shown on DPACS PR trailer or in material master, classification, product assurance tab, services for object] calendar day period for review of the PLT report, and for the Contracting Officer to provide written notification of approval/disapproval to the Contractor.

(5) Pay all costs incurred for transportation of PLT and QAR reports under this contract and all costs of manufacturing and retesting additional PLT samples and production quantities, without additional Government liability.

(b) The Contractor may either:

(1) Enter an offered price in the PLT CLIN for PLT and the preparation cost of the PLT report and, if applicable, the costs of any additional testing not normally required for production; or

(2) Not separately price that PLT and preparation of the PLT report and instead include costs relating to PLT and preparation of the PLT Report in its pricing for the production lot CLIN. If the Contractor does not submit a separate price for the PLT CLIN, the Government shall not be liable to the Contractor for any costs relating to PLT and preparation of the PLT report except to the extent these are included in the production lot CLIN price.

(c) The Contractor shall include the approved PLT samples with the shipment of the production articles of the same lot, and the Government will pay for the samples under the applicable production lot CLIN. The Government has no liability to the Contractor for disapproved PLT samples.

Alternate I (JUL 2011) As prescribed in 46.392(b)(2)(ii), insert the following paragraph (a) in addition to paragraphs (a)-(c) of the basic clause, and renumber paragraphs (a)-(c) of the basic clause as (b)-(d), respectively:

(a)(1) Notice to Contractor: The Defense Contract Management Agency (DCMA) Administrative Contracting Officer (ACO) is delegated (in accordance with FAR 42.202(c)) the authority to approve/disapprove the Production Lot Test (PLT) Report submitted in accordance with the requirements in this contract. Any reference to the Contracting Officer as it relates to submission of and approval/disapproval of the PLT Report shall be deemed to include the DCMA ACO.

(2) Notice to ACO: The DCMA ACO shall forward a copy of the PLT report and the DCMA ACO letter of approval/disapproval to the Contract Administrator (see “issued by” block on page 1 of the award document).

(End of Clause)

52.246-9093 Inspection Standards Wood Products.

As prescribed in 46.202-4 (91), insert the following clause:

INSPECTION STANDARDS WOOD PRODUCTS (DEC 2011)

(a) Inspection and acceptance of softwood lumber:

(1) The inspection standards and all other provisions of the grading rules of the associations and bureaus cited in the purchase description shall govern the inspection and acceptance by the Government of softwood lumber offered for delivery unless otherwise stipulated in the contract.

(2) Each piece of softwood lumber offered for delivery under this contract shall have been inspected, graded and grade stamped with an official grade stamp and registered symbol of the applicable association or bureau or of an inspection agency approved by the board of review, American Lumber Standards Committee (ALSC), at the Contractor's expense, prior to Government inspection.

(3) An official certificate of inspection from an ALSC certified grading association, bureau, or testing agency may be provided at the Contractor's expense for each truck or rail car shipment when no official grade stamp exists or is unavailable for the lumber to be furnished or when it would be impractical to grade stamp any particular item. Authorization, written or oral, to provide a certificate of inspection in lieu of grade-stamping must be obtained from the Contracting Officer prior to shipment. A certificate issued by a mill is not acceptable. Note: Glued stock is not permitted unless otherwise specified in the contract.

(b) Inspection and acceptance of hardwood lumber:

(1) The inspection standards and provisions of the grading rules of one of the following associations shall govern the inspection of hardwood lumber (when specified in the contract):

(i) Maple flooring manufacturers association (MFMA)

(ii) National Hardwood Lumber Association (NHLA)

(iii) National Oak Flooring Manufacturers Association (NOFMA)

(2) The following applies to dimensional hardwood lumber (other than flooring):

When the total quantity of hardwood lumber awarded is 8,000 BF or more, each piece of the NHLA grade of hardwood lumber, except number 3A and 3B commons, furnished under this contract shall be graded and hammer branded by an NHLA National Inspector prior to offering the material to the Government. The national inspector shall complete a certificate for each shipment certifying that the grade and tally of the lumber meet the contract requirements. Unless otherwise specified, the NHLA inspection will be made after kiln drying when kiln drying is required. The Contractor shall bear the cost of the certificate, including incidental expenses of the national inspector. When Government inspection is at origin, the Contractor shall request the NHLA Certificate in triplicate and shall furnish two copies to the Defense Contact Management Agency (DCMA) representative. The DCMA representative shall forward one copy to the consignee and shall retain the other copy in his files. When Government inspection is at destination, the NHLA certificate must be attached to the consignee's copy of the Department of Defense (DD) Form 250, Material Inspection and Receiving Report, or shipping document, mailed to the destination, and marked for the attention of the receiving officer. The certificate may be used by the Government as evidence that the material conforms to the grade requirements of the contract. If the total quantity of hardwood lumber awarded is less than 8,000 BF, the Contractor must furnish a certificate of conformance per Federal Acquisition Regulation (FAR) clause 52.246-15.

(3) For shipments to overseas activities, material will be inspected and accepted at origin. When an NHLA certificate is not required, a certificate of conformance will be prepared by the Contractor certifying that the moisture content, end-coating and sizes, as well as grade and tally, meet the contract requirements.

(4) Unless otherwise specified in the contract, shipments of material to contiguous United States (CONUS) activities will be inspected and accepted at destination. Government inspection shall be for tally, moisture content, end coating, and sizes, as well as grade if an NHLA certificate is not required.

(5) When kiln dried lumber is furnished, lumber shall be measured after kiln drying and shall be quoted, invoiced, and delivered on the basis of net board footage, with no addition of footage for kiln drying shrinkage. Unless otherwise specified, the NHLA Standard Kiln Dried Rule applies.

(6) Oak wilt disease (oak and chestnut wood): If this solicitation/contract covers hardwood wood products which may consist of red or white oak or chestnut, the following applies:

(i) An embargo is in effect that prohibits the shipment of oak and chestnut wood to Belgium, Denmark, France, Italy, Great Britain, Ireland, Luxembourg, Netherlands, or Germany unless one of the following conditions is satisfied:

(A) The wood is bark free and square-edged so that none of the natural rounded surface tissues remain, or

(B) The wood is bark free and has a moisture content not exceeding 20 percent (%).

(ii) The Contractor is responsible for complying with the above requirements and for performing such inspections as may be necessary to assure compliance. In the event a shipment is frustrated due to noncompliance, the Contractor will be held responsible for the cost incurred to correct violation of this requirement, which will include the cost of sorting out defective material, its disposal, and the cost of replacing defective material with conforming material.

(iii) The rights hereby provided the Government shall not be affected by other provisions concerning the conclusiveness of inspection and acceptance and are in addition to and do not limit any rights of the Government under other provisions of the contract.

(c) Inspection and acceptance of plywood:

(1) Plywood furnished in accordance with Commercial Item Description (CID) A-A-55057 Panels, wood/wood based, and construction and decorative, current version, shall be inspected by the Contractor prior to Government inspection. Each construction or industrial plywood panel shall be graded or trademarked in accordance with United States (U.S.) Product Standard PS 1 and shall bear the stamp of one of the following qualified inspection agencies:

(i) American Plywood Association (APA)

(ii) Timber Engineering Company (TECO)

(iii) Pittsburgh Testing Laboratory (PTL)

(iv) Timber Products Inspection (TP)

(2) Hardwood and decorative plywood shall be in accordance with American National Standards Institute, Hardwood Plywood Manufacturers' Association, and American National Standard for Hardwood and Decorative Plywood, ANSI/HPMA HP-1984. All plywood represented as conforming to ANSI/HPMA HP-1984 shall be identified by the following method:

(i) Each panel shall be marked with the symbol ANSI/HPMA HP-1984 and include: the name or identification of the producer; the species and grade of the face veneer; the type of plywood; the symbol "CP" if container plywood; and the identity of the qualified inspection and testing agency, if applicable.

(d) Inspection and acceptance of treated material:

(1) Material to be treated must be inspected by the Government at the treating plant prior to treatment to determine that the grade, moisture, and other attributes of the purchase description are complied with. Notice of nonconformance by the Government inspector to the Contractor or its subcontractor at the location where inspection is performed shall constitute notice of rejection to the Contractor.

(2) The edition of AWPA Standard M3, Standard Quality Control Procedures for Wood Preserving Plants, in effect on date of contract shall be followed in the treatment of the supplies.

(3) After preservative treatment, the Contractor is responsible for the inspection and tests specified in the edition of Federal Specification TT-W 571 in effect on the date of the contract. In addition, the Contractor must have a qualified, independent, quality control agency accredited by the board of review of the American Lumber Standards Committee (ALSC) for service to treating plants and for the commodity specified in the order, take borings to determine the penetration and retention of the preservative, subject to the following exceptions:

(i) The requirement for an independent agency to take borings is waived if the treating plant is licensed to use the quality mark of such an agency, i.e., is licensed for the type of preservative and commodity specified in the contract.

(ii) For waterborne preservatives only, the Contractor is relieved of the responsibility for on-site assay testing.

(iii) For railroad ties, the independent quality control agency is not required to be accredited by ALSC. Such agency though, shall have demonstrated its competence to the satisfaction of the Government quality assurance representative (QAR).

(4) A copy of all test reports for the supplies tendered for final Government inspection and acceptance must be furnished to the Government QAR for inspection at the treating plant. These reports and compliance with pertinent AWPA standards will constitute acceptance evidence of quality control by treatment plants.

(5) When fire retardant treated material is required, a certificate of the test results in accordance with the edition of Military Specification MIL-L-19140 in effect on the date of this contract must be forwarded by the Contractor with each shipment and a copy furnished to the Contracting Officer.

(6) The Contractor is responsible for the performance of all inspection and testing requirements. Furthermore, the Contractor is required to maintain records thereof for a period of four years after final payment.

(7) Unless otherwise specified, inspection and acceptance of sawn stock, round stock, and plywood treated in accordance with Federal Specification TT-W 571 for CONUS orders of $1000 or less will be performed at destination.

(e) Inspection and acceptance of other material: (Applicable only when subparagraph (a), (b), (c) or (d) above do not apply.) The Contractor shall inspect and grade each piece of material offered for delivery prior to Government inspection. Tests set forth in the applicable specification will be performed by the Contractor at its expense. When inspection is at origin, copies of test records and data shall be furnished to the Government QAR and, when inspection is at destination, a copy of test data and records must be attached to the consignee's copy of the DD Form 250, Material Inspection and Receiving Report.

(f) Infestation: Material offered for Government inspection which contains live wood boring insects or marine borers, in any state of development at the time of inspection, will be rejected.

(g) Notwithstanding the foregoing, all supplies, as provided by FAR 52.246-2, Inspection of Supplies Fixed Price, shall be subject to inspection and acceptance by the assigned government quality assurance representative or the activity designated in this contract.

(h) The presence of a grade stamp or certificate of inspection, as specified herein, may be accepted as objective evidence of inspection for grade characteristics.

(i) Determination of moisture content may be made in accordance with the provisions of the latest revision of ASTM standards D4442 and/or D4444 in lieu of other referenced documents.

(End of Clause)

52.246-9094 Level I Material Certification (DLA Maritime-Norfolk).

As prescribed in 46.504-92, insert the following clause in full text:

LEVEL I MATERIAL CERTIFICATION (DLA MARITIME-NORFOLK) (JUN 2011)

(a) Due to the critical application of Level I Material in surface ships and submarines, maximum confidence of material integrity and quality is required. Contractors are required to maintain total and complete traceability for all materials used in Level I items (i.e., assemblies, components, parts designated as Level I). This traceability requires material certifications from the origin of the material (MILL) which contain quantitative chemical and mechanical data. Where the mechanical properties of the material have been altered by heat treatment or metal working processes, the mill certification shall be accompanied by a certification, from the heat treatment or metal working facility, which contains quantitative results of the mechanical test performed to prove that the material supplied complies with the specification to which it was procured. The sole alternative permitted to the mill and heat treatment or metal working certifications is a testing laboratory’s quantitative test report, identifiable and traceable to the material it represents.

(b) Transcription of data from the original mill certification, heat treatment or metal working facility certification, and/or testing laboratory test report to a Contractor/supplier/vendor form is prohibited. Certifications provided to the Government will be originals or exact copies thereof and will include signatures, traceability numbers, all other requirements or DI-MISC-81020.

(c) The Contractor shall include the substance of this clause in all subcontracts and purchase orders to their suppliers of Level I material.

(End of Clause)

52.247-9000 Guaranteed Maximum Shipping Weights or Dimensions.

As prescribed in 47.305-3(90), insert the following clause:

GUARANTEED MAXIMUM SHIPPING WEIGHTS OR DIMENSIONS (DEC 1985)

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)

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)

52.247-9003 [Reserved.]

52.247-9004 [Reserved.]

52.247-9005 [Reserved.]

52.247-9006 Free on Board (F.O.B.) Destination Price Quoting Instructions -- Overseas Direct Vendor Delivery(DVD) and Navy Ships.

As prescribed in 47.305-4, insert the following clause in solicitations and contracts:

FREE ON BOARD (F.O.B.) DESTINATION PRICE QUOTING INSTRUCTIONS – OVERSEAS DIRECT VENDOR DELIVERY (DVD) AND NAVY SHIPS (NOV 2011)

Note: This clause does not apply when the signal code (SIG) found in Section F - Additional delivery information 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 contiguous United States (CONUS) location (i.e., destination) to use for price quoting purposes. This clause does not modify or supersede 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:

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,

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,

Use the following APO/FPO information in Section F - Delivery Information Ship To.

If the APO/FPO is AA or AE, anticipate delivery to New Cumberland, PA. 17070; Dover, DE. 19902; or Norfolk, Virginia 23511.

If the APO/FPO is AP, anticipate delivery to Travis Air Force Base (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. Perform a Department of Defense activity addressing code (DoDAAC) query using the following as the DoDAAC:

First 6 digits of the Transportation Control Number (TCN), if signal code (SIG) in Section F – Additional Delivery Info is other than J, K, L, or M. 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 Free on board (f.o.b.) destination price quoting instructions -- Contiguous United States (CONUS) Direct Vendor Delivery (DVD).

As prescribed in 47.305-4, insert the following provision in solicitations:

FREE ON BOARD (F.O.B) DESTINATION PRICE QUOTING INSTRUCTIONS – CONTIGUOUS UNITED STATES (CONUS) DIRECT VENDOR DELIVERY (DVD) (NOV 2011)

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 supersede 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:

Use the CONUS break bulk point (BBP) in Section F Additional Delivery Information if one is identified. If CONUS BBP is not identified,

Use the Ship To address in Section F Delivery Information.

(End of Provision)

52.247-9008 Free on Board (F.o.b.) Destination Price Quoting Instructions – Foreign Military Sales (FMS).

As prescribed in 47.305-4, insert the following clause in solicitations and contracts:

FREE ON BOARD (F.O.B) DESTINATION PRICE QUOTING INSTRUCTIONS – FOREIGN MILITARY SALES (FMS) (NOV 2011)

Note: Do not use the “ship to” address (i.e., ultimate consignee) identified in Section F - Delivery Information, or an outside the Continental United States (OCONUS) break bulk point (BBP) if one is specified in Section F - Additional Delivery Information, 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 supersede 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:

CONUS break bulk point (BBP), if one is specified in Section F- Additional Delivery Information.

Anywhere within a 100-mile radius of the freight forwarder address specified in Section F- Additional Delivery Information.

(End of Clause)

52.247-9009 Free on Board (F.o.b.) Destination Price Quoting Instructions -- Canadian Foreign Military Sales (FMS).

As prescribed in 47.305-4, insert the following clause in solicitations:

FREE ON BOARD (F.O.B.) DESTINATION PRICE QUOTING INSTRUCTIONS – CANADIAN FOREIGN MILITARY SALES (FMS) (NOV 2011)

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 Free on Board (F.o.b.) Destination Price Quoting Instructions – Shipment to Depot.

As prescribed in 47.305-4, insert the following clause in solicitations:

FREE ON BOARD (F.O.B.) DESTINATION PRICE QUOTING INSTRUCTIONS – SHIPMENT TO DEPOT (NOV 2011)

(a) 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 supersede any shipping instructions specified elsewhere in the solicitation.

(b) When the Section F delivery information ship to is a contiguous United States (CONUS) location, use the Ship To address.

(c) When the Section F delivery information ship to is an outside CONUS (OCONUS) location, use New Cumberland, PA. 17070 for European depots (Defense Depots Germerscheime, Germany and Sigonelli, Italy) Tracy, California 95376 for Pacific depots (Defense Depots Sasebo, Japan and Yokosuka, Japan).

(End of Provision)

52.247-9011 Vendor Shipment Module (VSM).

As prescribed in 47.305-8, insert the following clause:

VENDOR SHIPMENT MODULE (VSM) (NOV 2011)

(a) The Defense Logistics Agency (DLA) vendor shipment module (VSM), formerly known as the distribution planning and management system (DPMS), is a web-based distribution and transportation system available to DLA vendors for the purpose of obtaining current shipping addresses, two-dimensional bar coded shipping labels in accordance with military standard (MIL-STD) 129P, bills of lading, packing lists, and other shipping documentation. VSM replaces the need for the vendor to contact the DLA transportation office, prior to shipping, when directed in DLA contracts.

(Note: For contracts administered by the Defense Contract Management Agency (DCMA), the vendor must contact the DCMA transportation office in lieu of using VSM, unless otherwise stated in the contract.)

(b) Use of VSM is voluntary and is especially beneficial for DLA administered free on board (f.o.b.) origin contracts and for DLA administered contracts where ultimate destination is a location outside of the United States.

(c) Vendors using VSM must possess the following minimum information technology capability:

(1) Pentium personal computer or equivalent system sufficient to access the Internet.

(2) Compatible laser printer with two megabytes of memory.

(3) Internet Explorer 6.0 or higher.

(4) Adobe Acrobat 8.0 or higher

(5) Minimum 56 Kbps internet connection

(d) For more information about VSM or to register as a VSM user, contact the supply chain transportation office helpdesk at (800) 456-5507 or via email to delivery@dla.mil

(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)

(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 Department of Defense (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 Free on Board (F.o.b.) Origin And/Or F.o.b. Port(S) of Loading (Destination) on Offer Evaluation.

As prescribed in 47.305-6(e), insert the following provision:

FREE ON BOARD (F.O.B.) ORIGIN AND/OR F.O.B. PORT(S) OF LOADING (DESTINATION) IN OFFER EVALUATION (NOV 2011)

(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 (NOV 2011)

[__] (a) Free on board (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 number Port Item number Port Item number port

[__] (b) F.o.b. origin, transportation under Government bill of lading (GBL): 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.

Solicitation Item Number

Overseas APOD Code

APOE Location Cost Per Pound

CHS-Charleston Air Force Base (AFB), SC

DOV-Dover AFB, Delaware

NGU-Naval Air Station (NAS), Norfolk, Virginia

SUU-Travis AFB California

TCM-McChord AFB, Washington

WRI-McGuire AFB, New Jersey

(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.

As prescribed in 47.305-3(92), insert the following clause:

LOADING CAPABILITIES FOR BULK SHIPMENTS (NOV 2011)

(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 free on board (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 Free on Board (F.o.b.) Destination Contractor Transshipment.

As prescribed in 47.303-6(c), insert the following clause:

FREE ON BOARD (F.O.B.) DESTINATION CONTRACTOR TRANSSHIPMENT (NOV 2011)

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 Federal Acquisition Regulation (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 – DLA TROOP SUPPORT - SUBSISTENCE (NOV 2011)

(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 (NOV 2011)

(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 free on board (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, Department of Defense (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, DLA Troop Support 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 (Standard Form (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 (NOV 2011)

(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 Defense Contract Management Agency (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). (2) Contract and purchase request numbers. (3) Planned shipment date. (4) Brief item nomenclature(s). (5) Number of pieces (for each TCN). (6) Weight and cube (for each TCN). (7) Origin point. (8) Planned mode of transportation (number of carloads, truckloads, seavans, etc.). (9) Name of Contractor.

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)

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 Free on Board (F.o.b.) Origin Contracts for Supplies Originating Outside the United States.

As prescribed in 47.305-6(i), insert the following provision:

FREE ON BOARD (F.O.B.) ORIGIN CONTRACTS FOR SUPPLIES ORIGINATING OUTSIDE THE UNITED STATES (NOV 2011)

If the offeror offers supplies originating outside the United States (U.S.) 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)

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 (NOV 2011)

Free on Board (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 Free on Board (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:

FREE ON BOARD (F.O.B.) ORIGIN BY NON-CONTIGUOUS UNITED STATES (CONUS) OR NON-CANADIAN OFFERORS FOR DELIVERY TO CONSIGNEES WITHIN CONUS OR CANADA (NOV 2011)

(a) Contiguous United States (CONUS) is defined as being the 48 contiguous states and the District of Columbia.

(b) This provision applies only to those contract line-items(s) (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 Federal Acquisition Regulation (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 Free on Board (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:

FREE ON BOARD (F.O.B.) ORIGIN BY NON-CONTIGUOUS UNITED STATES (CONUS) OR NON-CANADIAN OFFERORS FOR DELIVERY TO CONSIGNEES OUTSIDE CONUS (OCONUS) OR CANADA (NOV 2011)

(a) Contiguous United States (CONUS) is defined as being the contiguous 48 states and District of Columbia.

(b) This provision applies only to those contract line-item(s) (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 Free on Board (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 FREE ON BOARD (F.O.B.) ORIGIN AND F.O.B. DESTINATION (NOV 2011)

(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 and 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.

As prescribed in 47.305-3(93), insert the following provision:

EVALUATION OF OFFERS FOR QUANTITY INCREMENTS (APR 2008)

(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, f.o.b. origin offers will be evaluated based on the following estimated shipping weight and cube;

Item Number | 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 Number | 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)

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 INSTRUCTIONS (NOV 2011)

Shipping instructions shall be provided with individual delivery orders. Destinations include various Department of Defense using activities and may include Defense Logistics Agency (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 (NOV 2011)

(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 Transportation Control Number (TCN), National Stock Number (NSN), Contract Line Item Number (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, Department of Defense (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 (NOV 2011)

To the extent possible shipments will comprise one lot, batch or National Stock Number (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)

(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)

(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 (NOV 2011)

(a) Defense Contract Management Agency (DCMA) administered orders: Contact the transportation officer at the administering DCMA location.

(b) Defense Logistics Agency (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 DLA Distribution’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 DLA Distribution 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)

52.247-9035 Shipping Instructions (Domestic).

As prescribed in 47.305-10 (92), insert the following clause:

SHIPPING INSTRUCTIONS (DOMESTIC) (NOV 2011)

Mail instructions (not applicable to Army Post Office (APO) or Fleet Post Office (FPO) addresses):

Route domestic shipments within mail limitations as follows based on the Transportation Priority (TP) reflected in the "mark for" data with each Contract Line Item Number (CLIN). Commercial small parcel carrier (e.g., United Parcel Service (UPS) or Federal Express) is an acceptable mode of shipment to domestic addresses.

(1) Ship all NMCS, 777, and 999, regardless of TP or distance, by commercial small parcel carrier.

(2) Ship TP 1 and 2 (IPD 01-08) by priority mail or most economical comparable mode.

(3) Ship TP 3 (IPD 09-15) and all stock locations (not TP coded) by surface parcel post (Fourth Class) or most economical comparable mode.

(4) The cost of parcel post insurance will not be paid by the Government.

Freight instructions (domestic).

(1) Ship all NMCS, 777, and 999, regardless of TP or distance by commercial small parcel carrier.

(2) For TP 1 and 2 (IPD 01-08) weighing under 250 pounds, use air freight and specify air on the invoice. Exceptions: if destination is within 600 miles of origin, use regular surface transportation.

(3) For all other freight shipments, contact the cognizant transportation officer for delivery and carrier routing instructions.

(4) Advance telephonic notice of delivery must be given by the carrier to the consignee's transportation officer (transport control/prelodge desk) at least 24 hours prior to delivery of freight shipments (other than small parcels). Bills of lading must be annotated to reflect this requirement. Addresses for direct shipments within the contiguous United States (CONUS) and Canada are shown "in the clear" with each individual CLIN on schedule continuation sheet(s) in each order. Addresses for stock shipments are shown with each individual CLIN on schedule continuation sheet(s) in each order.

(End of Clause)

52.247-9036 Shipping Instructions (Export).

As prescribed in 47.305-10 (93), insert the following clause:

SHIPPING INSTRUCTIONS (EXPORT) (NOV 2011)

Mail instructions (Army Post Office (APO) or Fleet Post Office (FPO) addresses):

Shipments within mail limitations will be routed to the address cited with each CLIN in the following manner, based on the TP (Transportation Priority) reflected in the "MARK FOR" data with each CLIN:

(a) U.S. Mail is the only mode authorized for shipments to APO or FPO addresses.

(b) Commercial small parcel carrier, (e.g., UPS, RPS or Federal Express) and Commercial Motor Carriers are never an acceptable mode to any APO/FPO address. A small parcel carrier may not be used for any destination in Alaska, Hawaii or Puerto Rico unless the carrier guarantees delivery to that specific consignee.

(c) Parcel post shipments to an APO/FPO address must be addressed to the "Commander" or "Commanding Officer" if there is no title preceding the address. Shipments must be annotated under the return address as follows: "Contents for official use - exempt from customs requirements."

(d) For TP1, TP2, (IPD 01-08), 999, NMCS, regardless of distance from origin to the APO/FPO address, contact the cognizant transportation office prior to shipment. Shipments must be packaged for transportation by Military Air (MILAIR).

(e) For TP3 (IPD 09-15), use surface parcel post (fourth class).

(f) Contact the transportation officer prior to shipping via parcel post when a single CLIN consists of more than one package.

(g) The cost of parcel post insurance will not be paid by the Government.

Freight instructions (to air or water ports and CCPs):

(a) Contractor must comply with the requirements of Federal Acquisition Regulation (FAR) 52.247-52, Clearance and Documentation Requirements - Shipments to DoD Air or Water Terminal Transshipment Points.

(b) Contact the Government Transportation Office for the Contract Administration Office: either Defense Contract Management Agency (DCMA) for DCMA administered awards or Defense Logistics Agency (DLA) Distribution for awards administered by the issuing office, see Block 7 of DD Form 1155 (page 1 of an order) to obtain shipping instructions at least ten days prior to the FIRM date supplies will be available for release to the carrier.

(c) Shipments to Container Consolidation Points (CCPs):

(1) Shipments directed to a CCP shown with each individual CLIN on Schedule Continuation Sheet(s) will be prepared and shipped in accordance with instructions provided within this contract for Preparation for Delivery.

(2) Contact the Transportation Officer for shipping instructions for the following CCP shipments:

(i) Cargo requiring refrigeration/temperature control.

(ii) Classified or sensitive items requiring signature control.

(iii) When dimensions of an item or package exceed 456 inches (38 feet) long by 89 inches wide by 88 inches high, or weight exceeds 10,000 pounds. Cargo cannot exceed any one of the dimensions or the weight.

(iv) When volume or weight constitutes a full SEAVAN load for each activity (DODAAD) code.

(v) Hazardous Material such as material which is flammable, corrosive, combustible, explosive, toxic, radioactive, unduly magnetic, or which contains oxidizing agents.

(vi) Type 1 shelf life items,

(vii) TP1 and 2 (IPD 01-08) with RDD of 999, 777, or 555.

Note 1: For shipments weighing less than 10,000 pounds which will not be tendered as a carload or truckload, the above data must be furnished only five (5) days prior to scheduled shipment date.

Note 2: Do not ship prior to furnishing required data.

Note 3: Invoices must specify clearly when shipment is made by air.

Advance notice of delivery:

Telephone notice of delivery must be given by the carrier to the consignee transportation officer (transport control/prelodge desk) at least 24 hours prior to delivery of freight shipments (other than small parcels) and bills of lading must be annotated to reflect this requirement.

Freight shipping addresses:

Mail address of the ultimate Consignee and "Mark For" information required as part of the address for parcel post or freight shipments, as applicable, are included with the data cited with each individual CLIN. When shipment is over parcel post limitations, the Contractor will comply with the paragraph above and ship in accordance with instructions furnished by the Transportation officer. Addresses of Aerial terminals will be furnished by the Transportation Officer as required. (Parcel post shipments will not be made to water or air terminals).

(End of Clause)

52.247-9037 Trans-Shipment of Material Through DLA Containerization and Consolidation Points (CCP).

As prescribed in 47.305-10 (94), insert the following clause:

TRANS-SHIPMENT OF MATERIAL THROUGH DLA CONTAINERIZATION AND CONSOLIDATION POINTS (CCP) (NOV 2011)

(a) Shipping information overview:

(1) For awards not administered by Defense Contract Management Agency (DCMA), contact the DLA Distribution to schedule shipment and obtain export clearance and/or air clearance at:

DLA Distribution

Attention: Transportation Division

Email: delivery@dla.mil

Phone: 1-800-456-5507

Facsimile: 1-717-770-2709

(2) For DCMA administered awards:

(i) The Contractor must provide an electronic Department of Defense (DD) Form 1659 to the contract administration office (CAO) transportation officer. The electronic DD1659 can be secured by accessing the DCMA external web-based (EWAM) shipment instruction request (SIR) at http://www.dcma.mil or by accessing http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1659.pdf or may be obtained from the responsible CAO.

(ii) The Contractor must contact the CAO transportation office to schedule shipment and coordinate export clearance.

(3) Approved distribution planning and management system (DPMS) Contractors may obtain shipping addresses/labels and clearances via the DPMS website.

(4) All shipments must be packaged in accordance with military standard (MIL STD) 2073 and marked in accordance with MIL STD 129. When authorized, commercial packaging/packing provisions must be in accordance with (ASTM D3951). Shipments of petroleum products, liquid substances, and materials, or any other product defined as hazardous shall be packaged in accordance with United Nations regulations which can be accessed at http://www.unece.org/trans/danger/publi/adr/adr2007/07ContentsE.html .

(b) Shipping documentation.

(1) All shipping documents (bills of lading or other delivery documents) shall be annotated in the description of articles space by the Contractor with:

(i) Transportation Control Number (TCN);

(ii) Required delivery date (RDD), project (if any), transportation priority (TP);

(iii) Ultimate consignee DODAAC and address (see "added marking for freight shipping").

(2) One copy of the contract shall be placed in a waterproof envelope and attached to the shipping container, or to the #1 shipment container (in a waterproof envelope), marked # 1 of the total number of containers, if a multi-piece shipment.

(c) Eligible shipments: CCP eligible shipments destined for an ultimate OCONUS destination will be shipped to the DLA CCP at San Joaquin, California (DDJC), or New Cumberland, Pennsylvania (DDSP) as directed by the transportation office (see paragraph (a) above).

Defense Distribution Depot San Joaquin, CA (DDJC) accepts:

Routine surface shipments, unless the material meets one of the exclusions listed in Paragraph (4) of this clause, for Army, Air Force, Navy and Marine Corps, and DLA activities located in Hawaii, Japan, Okinawa, Korea, Alaska, and throughout the Pacific.

Air Eligible shipments, unless the material meets one of the exclusions listed in Paragraph (d) of this clause, for Army activities located in Hawaii, Japan, Okinawa, Korea, Alaska, and throughout the Pacific.

Navy shore activities (not including CASREPS for “Mobile” units) throughout the Pacific and Hawaii.

DDJC – San Joaquin, California (Tracy site)

Phone: 209-839-4283

DSN: 462-4283

FAX: 209-982-3790

Receiving/delivery appointments

(209) 839-4307

Call 24 hours in advance to schedule an appointment.

NOTE: Shipments that have been determined to be Worldwide Express (WWX) eligible are not to be shipped to a CCP. It is the responsibility of the DCMA transportation office personnel to determine if a shipment is eligible for worldwide express (WWX).

Defense Distribution Depot Susquehanna, Pennsylvania (DDSP) accepts:

Routine surface shipments, unless the material meets one of the exclusions listed in Paragraph (d) of this clause, for Army, Air Force, and DLA activities located in northern and southern Europe, Africa, South America, and Central America.

Air eligible shipments, unless the material meets one of the exclusions listed in paragraph (d) of this clause, for Army and DLA activities throughout Northern and Southern Europe, Africa, South America, and Central America and Marine Corps shipments in the CENTCOM AOR.

DDSP – Susquehanna, Pennsylvania (New Cumberland site)

Commercial: 717-770-6393

DSN: 771-5381

FAX: 717-770-8660

Receiving/delivery appointments

1-800-307-8496

Call 24 hours in advance to schedule an appointment.

Note: Shipments that have been determined to be worldwide express (WWX) eligible are not to be shipped to the CCP. It is the responsibility of the DCMA transportation office personnel to determine if a shipment is eligible for worldwide express (WWX).

All high priority/air eligible material not listed above must be routed to the appropriate Air Mobility Command aerial terminal or other CONUS service designated activity as directed by the Transportation Office (see paragraph (1) above).

(d) Exclusions: Materiel not eligible for shipment to a DLA CCP because of exclusions listed below or where the shipment is consigned to an activity not supported by a DLA CCP shall be shipped directly to an appropriate aerial terminal, water port, or a CONUS service designated activity as directed by the Transportation Office (see paragraph (a) above).

(1) Excluded material:

(i) Any material listed in Defense Transportation Regulation (DTR) DOD 4500.9-R, Chapter 203, Tables 203-10 mandatory CCP exclusions), 203-11 (additional CCP exclusions for DDSP and DDJC) and 203-12 (additional mandatory CCP Exclusions for DDSP). The Defense Transportation Regulation (DTR) can be accessed at: http://www.transcom.mil/j5/pt/dtrpart2/dtr_part_ii_203.pdf .

Note: All shipments destined for CENTCOM AOR require application of radio frequency tags (RFID) for in-transit visibility of the material.

(ii) Foreign military sales (FMS)- FMS is shipped via special consolidation locations for the security assistance program (SAP) as listed in the military assistance program address directory (MAPAD) in accordance with the Delivery Term Code (DTC) requirements. Contact the DLA Distribution or DCMA transportation office (paragraph (1) above) for proper shipping instructions.

(End of Clause)

52.247-9038 Shipping Instruction for DLA Direct Acquisitions.

As prescribed in 47.305-10 (95), insert the following clause:

SHIPPING INSTRUCTION FOR DEFENSE LOGISTICS AGENCY (DLA) DIRECT ACQUISITIONS (NOV 2011)

Freight shipping addresses and scheduling instructions, if applicable, are available. See Defense Logistics Acquisition Directive (DLAD) Procedures, Guidance and Instructions (PGI) 47.305-10). Contractors will need to schedule a delivery appointment prior to arriving at the depot.

(End of Clause)

52.247-9042 Wartime Utilization of Contract Vehicles (Contingency Contract) (Republic of Korea) .

As prescribed in 47.207-5 (91), insert the following clause:

WARTIME UTILIZATION OF CONTRACT VEHICLES (CONTINGENCY CONTRACT) (REPUBLIC OF KOREA) (DLA ENERGY) (NOV 2011)

(a) Within 30 days after contract award, the Contractor shall identify in writing to the Contracting Officer its transportation assets to be used in the performance of this contract to include those of any subcontracting agreements. Specific information required is: name, address and phone number of the Contractor and applicable sub-Contractor(s), number of vehicles used by Contractor and sub-Contractor to execute contract, license number, cargo capacity and type cargo (JP8) of each vehicle; and name and telephone number of each driver. The Contracting Officer will provide this data to USFK J4 wartime host nation support division to coordinate with the appropriate Republic of Korea (ROK) ministries to ensure that these assets have been included in the transportation mobilization designation plan. Maintenance and overall responsibility for the Contractor's transportation assets shall remain with the Contractor. The Contractor shall cooperate with the Contracting Officer providing all information that is necessary to ensure that its transportation assets are designated to continue supporting United States (U.S.) requirements in the event of a ROK mobilization.

(b) Once ROK Mobilization is declared, the Contracting Officer or designee will provide the Contractor with a list of ROK-U.S. Movement Control Teams by area to coordinate clearances for hazardous cargo movement. The U.S. ordering officials will, if practicable, submit a requirement request a minimum of seven days in advance of delivery to allow the Contractor adequate time to program and schedule the delivery.

(c) The Contractor shall process requests for highway/road clearance and for additional transportation assets through the appropriate local ROK-U.S. Movement Control Team a minimum of 72 hours prior to scheduled pickup date. To obtain approval to use highways and roadways designated for military use, the Contractor must submit requests using the combined highway clearance request form (see attached CHQ FORM 25EK, 10 Jun 05). To request additional trucks and drivers (beyond those previously allocated to support Contractor operations during mobilization), the Contractor must submit a Combined Movement Request (CMR) (see attached CHQ FORM 26EK, 10 Jun 05). To ensure adequate security and protection for movements, the Contractor shall request military escort on CHQ Form 26EK.

(d) The Contractor shall assign a representative responsible for processing combined highway clearances and combined movement requests. This representative shall be responsible for becoming familiar with the combined highway requesting procedures and attending all required training. Training will be conducted in conjunction with combined forces command computer aided exercises (CAX) held each spring and fall. The U.S. Government will provide appropriate training to the Contractor representative in processing and monitoring requests for highway/road clearances and additional assets using the process as established in the current edition of the Command logistics policies and procedures manual. The Government will notify the Contractor representative when ROK mobilization occurs, when it must begin using combined movement procedures, USFK priorities for shipments, and any changes that are required to Contractor shipping schedules.

(End of Clause)

52.247-9039 Alaska Remote Supply (Project Code 175).

As prescribed in 47.305-8(90)(a), insert the following clause:

ALASKA REMOTE SUPPLY (PROJECT CODE 175) (SEP 2009)

The following special requirements and instructions are applicable to project code 175 (cool barge) –

Alaska remote resupply.

(a) Address.

(1) Correspondence.

4DL

833 United States (U.S.) Army Transport Battalion

Attention: MTWSE-TM

4735 East Marginal Way South

Seattle, Washington 98134-2391

M/F: Department of Defense (DoD) Activity Address Code (DoDAAC) and the address of the ultimate consignee

(2) Less than truckload and small parcel shipments. The CCP at Defense Distribution Depot San Joaquin will consolidate all less than truckload and small parcel general cargo shipments destined to these locations. The bills of lading must be annotated "For export shipments, call (209) 839-4518 to schedule delivery appointments." These less than truckload and small parcel shipments in support of this project will be consigned to:

SW3225

Defense Distribution San Joaquin

CCP Warehouse 30

25600 South Chrisman road

Tracy, California 95376-5000

Telephone: 209-839-4518

The transportation office must offer all truckload shipments to the Military Traffic Management Command for routing instructions.

(b) Delivery of truck load (TL) deicing fluid.

(1) It is mandatory that bulk shipments of deicing fluid be shipped to arrive at Seattle, Washington by June 1. If a shipment cannot be delivered to the terminal by the delivery cut-off date, contact the Traffic Manager or Prelodge Section listed below for shipping instructions:

Phone (206) 764-6531 Traffic Manager

(206) 764-6540 Prelodge Section

Facsimile (206) 763-9897 Prelodge Section

(2) Bulk deicing fluid is normally the only bulk liquid handled by water port logistics office (WPLO). All bulk shipments will be coordinated with the WPLO prior to shipment and shipped in commercial tank cars only.

(3) Bulk deicing fluid consigned to WPLO Seattle, Washington, and destined to the Galena station are pumped into government containers in Alaska, in lieu of Seattle. Therefore, the Contractor will lose use of its bulk container for approximately 60 days, while the container is being transported to Alaska and returned to Seattle, Washington.

(4) Port Release Number. After receipt of the Export Traffic Release and routing instructions from the Military Traffic Management Command (MTMC), shippers shall obtain a port release number from the WPLO prior to tendering the shipment to a carrier. The WPLO can be contacted at (206) 764-6531.

(c) Palletization. Shipping containers shall be palletized in accordance with MIL-HDBK-774.

(d) Defense Transportation Regulation. Shippers must comply with the labeling requirements outlined in the Defense Transportation Regulation, Volume II, DoD 4500.9-R, Chapter 208. The labeling requirements include but are not limited to the following basic information:

(1) Transportation Control Number (TCN)

(2) Ship To/POE Address. Less than truckload shipments will be consigned to the address shown in (a)(2) above

(3) POD Code - YC6

(4) Ultimate Consignee/Mark For address. All cargo will pass thru Elmendorf Air Force Base (AFB).

(e) Bills of lading.

(1) For truckload (TL) shipments, mail two copies of the bill of lading to:

4DL - 833 U.Ss Army Transport Battalion

Attention: MTWSE-TM

4735 East Marginal Way South

Seattle, Washington 98134-2391

(2) For less than truckload (LTL) shipments, mail copies of the bill of lading to:

Defense Distribution San Joaquin

CCP Warehouse 30

25600 South Chrisman Road

Tracy, California 95376-5000

(3) All bills of lading must be annotated with:

(i) Transportation Account Code (TAC); and

(ii) Bills of lading consigned to Seattle, Washington will state: Carriers must call Prelodge (206) 764-6540 between 0700 - 1400 hours, Monday through Friday excluding holidays for an appointment at least 24 hours prior to anticipated delivery date."

(End of Clause)

52.247-9040 Greenland Remote Supply (Project Codes Y31 and 145).

As prescribed in 47.305-8(90)(b), insert the following clause:

GREENLAND REMOTE SUPPLY (PROJECT CODES Y31 AND 145) (NOV 2011)

Transportation.

(a) Project Code Y31 - Pacer Goose. This paragraph applies only to acquisitions identified with a Project Code of Y31 - Pacer Goose for resupply of units stationed in Greenland. It is imperative that shippers comply with the established delivery cut-off date of 2 June. Shipments that cannot be delivered to the terminal by the delivery cut-off date shall be referred to the Water Freight Terminal, Norfolk, Virginia. Disposition instructions can be obtained from Norfolk by contacting them at (757) 444-4170, Facsimile (757) 444-2352 or 3087. Shipments will not be accepted after the delivery cut-off date.

(1) Small parcel and less than truckload (LTL) shipments. Parcel post, hazardous, and small package shipments will be forwarded to the applicable Ship To address cited on the contract.

(i) Hazardous cargo cannot be mailed to a Contiguous United States (CONUS) port of embarkation (POE). Shipments shall be LTL.

(ii) The Water Freight Terminal does not accept delivery of small parcels shipped via small parcel carrier, i.e., United Parcel Service (UPS) or Federal Express (FedEx).

(iii) Cargo should be delivered by common carrier to the Water Freight Terminal, Norfolk, Virginia. These shipments should be consigned to:

N45631 Transportation Officer

Fleet and Industrial Supply Center

Water Freight Terminal, Building CEP-201

Norfolk, Virginia 23511

phone: (757) 444-1125

facsimile: (757) 444-7149 or -3087

(iv) Bills of lading shall be annotated: "Carrier must call truck control section, building CEP-156, Naval Supply Center, Norfolk, Virginia at (757) 444-4961 or 1125 for appointment 48 hours in advance and furnish carrier name, number of pieces, weight and cube."

(v) Contractors will ensure that all entries on the bill of lading are complete and should include:

(A) Transportation Control Number (TCN);

(B) Transportation Account Code (TAC);

(C) Port of Debarkation (POD);

(D) Total number of pieces, weight, cube (P/W/C) ;

(E) Consignee.

(vi) Copies of bills of lading should be mailed to:

Fleet and Industrial Supply Center (N45631)

Water Freight Terminal (Mail Code 302)

Attention: Pacer Goose Coordinator

1968 Gilbert St., Suite 600

Norfolk, Virginia 23511

(2) Heavyweight shipments. When shipments purchased on contracts weigh in excess of 10,000 pounds, the Contractor must obtain an Export Traffic Release as prescribed in Federal Acquisition Regulation (FAR) 52.247-52 by contacting the Contract Administrative Transportation Office fifteen days prior to delivery of goods. The Transportation Office will provide you with the shipping instructions and the delivery point.

(i) Contractors will ensure that all entries on the bill of lading are complete and should include:

(A) Transportation Control Number (TCN);

(B) Transportation Account Code (TAC);

(C) Port of Debarkation (POD;)

(D) Total number of pieces, weight and cube (P/W/C);

(E) Export traffic release number (shipments exceeding 10,000 pounds);

(F) Consignee.

(ii) Maximum packaging protection to meet the most hazardous weather conditions, including weatherproofing (plastic wrapped) is required. Cargo not meeting these specifications will be refused. There are no packing and crating facilities at the Water Freight Terminal, Norfolk, VA to correct packing discrepancies.

(b) Project code 145 - Pacer North. This paragraph applies only to acquisitions identified as Project Code 145 - Pacer North for resupply of units stationed in Greenland.

(1) Parcel post shipments. Parcel post shipments will be mailed to applicable APO cited on the contract.

(2) Hazardous material. Hazardous cargo must not be mailed to a contiguous United States (CONUS) port of embarkation (POE). Cargo should be delivered by common carrier. Parcel post shipments are not authorized.

(3) Air clearance instructions. Cargo must be offered for military airlift. To obtain air clearances contact:

Air Force Material Command (AFMC), Air Clearance Authority

Wright Patterson Air Force Base (AFB) (FFO)

Dayton, Ohio 45433-5006

Phone: (937) 257-4946

Fax: (937) 257-3185

Material that is air cleared shall be shipped to:

Transportation Officer

McGuire Air Force Base (AFB) (WRI)

1702 Vandenburg Avenue

Wrightstown, New Jersey 08641-5507

Phone: (609) 724-3434 or (609) 724-2228 (Customer Service Office)

(4) Other Shipments. If cargo cannot be mailed because it is hazardous materials, is military airlift denied, or cargo is not or cannot be packaged for airlift, contact the address listed below for disposition instructions:

21LRS/LGSC

Peterson Field (COS)

950 West Otis Street

Colorado Springs, Colorado 80914-1410

Phone: (719) 556-4955

(5) Heavyweight shipments. When shipments purchased on contracts weigh in excess of 10,000 lbs, the Contractor must obtain an Export Traffic Release as prescribed in Federal Acquisition Regulation (FAR) 52.247-52 by contacting the Contract Administrative Transportation Office fifteen days prior to delivery of goods. The Transportation Office will provide you with the shipping instructions and the delivery point.

Contractors will ensure that all entries on the bill of lading are complete and should include:

(i) Transportation Control Number (TCN);

(ii) Transportation Account Code (TAC);

(iii) Port of Debarkation (POD);

(iv) Total number of pieces, weight and cube (P/W/C);

(v) Export traffic release number (shipments exceeding 10,000 pounds); and

(vi) Consignee.

Documentation.

(a) Packing List. A packing list must be attached to the outside of the number one container of each shipment and must contain the following:

(1) Transportation Control Number (TCN);

(2) Shippers name and address;

(3) Consignee;

(4) Requisition number;

(5) List of material;

(6) Item number;

(7) Quantity;

(8) Value (required by Canadian customs); and

(9) Country of manufacturer's origin (required by Canadian customs).

(b) Hazardous Material. Hazardous material shall be packaged in accordance with the applicable modal regulations and comply with the United Nations (UN) testing, marking, labeling and documentation requirements. Required hazardous information must appear on all documentation. At a minimum, include a description of cargo using: proper shipping name, hazard class, UN number, and flashpoint (if applicable). Each shipment will have applicable Material Safety Data Sheets (MSDS) attached to the freight and accompanying documentation.

(c) Defense Transportation Regulation (DTR) documentation. Shippers must comply with the documentation requirements established in the Defense Transportation Regulation, DoD 4500.9-R, Part II.

Marking.

(a) Cargo received at the Port of Embarkation that is not properly marked and identified in accordance with these instructions will be frustrated, meaning that a hold will be placed on the material because of a problem with packaging, marking, labeling, address information, etc. which prevents the material from being forwarded to the consignee. Any or all costs incurred as a result of these delays shall be borne by the consignor.

(1) All cargo will be marked in accordance with military standard (MIL-STD) 129 as cited in this document.

(2) Containers are to be marked with paint or waterproof ink in characters from one to three inches high depending upon the size of the container.

(i) Packages under ten cubic feet maybe marked on one side only. Packages over ten cubic feet must be marked on two sides.

(ii) Containers will be marked with the following:

(A) Transportation Control Number (TCN);

(B) Project code number and title;

(C) Shippers name and address;

(D) Complete "ship to" address as indicated on the award or requisition, including M/F: DoD Activity Address Code and ultimate consignee's address;

(E) Port of Entry (POE);

(F) Port of Discharge (POD);

(G) Consignee;

(H) Gross weight of container and contents; and

(I) Cubic feet of container.

(iii) Each package must be numbered in series (1 of 4, 2 of 4, etc.).

(iv) Packages containing fragile items will be marked "FRAGILE" with red paint or waterproof ink or by affixing an appropriate label to the containers.

(v) All bundles of metal beams, pipe, etc., will be marked by securely affixing two waterproof shipping tags or labels to each bundle. However, due to the paper tag or label frequently being lost or destroyed, it is recommended that metal (aluminum or equal) tags marked with applicable shipping information be secured to two different surfaces of each bundle. If individual pieces are large enough, each bundle may be appropriately addressed by stenciling with a contrasting color of paint.

Packaging.

(a) Cargo for more than one location cannot be mixed in one package. At no time will cargo for multiple overseas consignees be consolidated into a single carton, bundle or pallet.

(b) Suppliers will consolidate items by station destination to the maximum extent possible, but dangerous cargo will not be consolidated with other cargo in containers.

(c) Items in glass containers and hazardous cargo, i.e., battery acid, must be overpacked in wooden boxes. Single packagings are permitted without overpacking (i.e., 55 gallon drums or jerricans).

(d) Lifting eye/plates must be properly installed by the manufacturer on heavy lift and oversized cargo.

(e) 55 gallon drums must be palletized, three drums on a 40" X 48" pallet, with four-way steel strapping. On large orders, please call PACER GOOSE coordinator, Air Force Material Command, Shipper Service Liaison Office, McGuire Air Force Base (AFB), New Jersey, (609) 724-4911, facsimile (609) 724-2917.

(1) Shipping containers shall be palletized in accordance with the requirements cited in current issue of MIL-HDBK-774. Pallets shall be new and unused, and shall be seasoned hardwood or seasoned softwood and meet the requirements for heat-treated pallets.

(2) When palletization is cited as a requirement, any special requirements cited herein shall also apply.

(i) All palletized cargo must not exceed 48" in height, 3000 pounds in weight and cargo on top of the pallet must be flat. Pallets must be able to be stacked on top of another. When the configuration of palletized cargo is in doubt, please call PACER GOOSE Coordinator, Air Force Material Command, Shipper Service Liaison Office, McGuire AFB, New Jersey, (609) 724-4911, Facsimile (609) 724-2917.

(ii) Excess shipping containers, which do not constitute a full pallet course (but have a combined gross weight of 200 pounds or more), must be consolidated in such a manner that the load can be moved in an unbroken state by forklift truck or other mechanical means.

(iii) Excess shipping containers, which do not constitute a full pallet course (but have a combined gross weight of less than 200 pounds), may be consolidated as specified above or may be shipped as loose containers.

(iv) Shipping containers and/or material that cannot be palletized (due to size, configuration, etc.) as specified in the above Item 5 paragraphs shall be unitized by securely strapping the load on a skid base. Shrink or stretch wrap bonding may be used at the Contractor's option.

(v) Bagged goods must be packed with poly-wrap, covered with fiberboard, palletized, shrink or stretch wrapped and secured with plastic banding.

(vi) Metal products, which are susceptible to breakage of retaining bands during shipment (i.e., pipe, angle, sheet, channel, tubing, etc.), will be packaged in bundles squared to the maximum extent, not exceeding 1000 pounds gross, and strapped every 24" using 1-1/4" bands.

(vii) Compressed gas cylinders will be packed and shipped in upright or horizontal position in accordance with 49 Code of Federal Regulations (CFR), Chapter 1, Paragraph 177.840.

(End of Clause)

52.247-9041 Delivery Times.

As prescribed in 47.305-4(91), insert the following clause:

DELIVERY TIMES (SEP 2009)

(a) Delivery shall be made between the hours of 7:30 a.m. and 2:00 p.m., local time, on days other than Saturday, Sunday, and legal Federal holidays.

(b) For item(s) small enough to mail, only U.S. Parcel Post delivery is acceptable. Delivery by other small parcel carriers will not be accepted by the Ship To addressee.

(End of Clause)

52.247-9047 Evaluation – Free on Board (F.o.b.) Origin –Special Condition.

As prescribed in 47.306-1(d)(92), insert the following provision:

EVALUATION – FREE ON BOARD (F.O.B.) ORIGIN – SPECIAL CONDITION (DEC 2011)

(a) Where supplies originating in Canada, Alaska or Hawaii are offered f.o.b. origin outside the contiguous 48 states of the United States and the District of Columbia and the destination is within the United States (U.S.) excluding Alaska and Hawaii, the offer will be evaluated by adding to the f.o.b. origin price of the item the costs for transportation of the supplies by the Government. These transportation costs will be computed so as to include:

(1) All transportation costs from the shipping point in Canada or the port of loading in Alaska or Hawaii, whichever is applicable, to the first point of entry into the United States, excluding Alaska and Hawaii, including all handling, loading, unloading and accessorial services costs and if ocean transportation is applicable, rates will be based on material being shipped on U.S. flag vessels, and

(2) Costs of transportation by land methods from the first point of entry into the U.S., excluding Alaska and Hawaii, to destination.

(End of Provision)

52.247-9048 Guaranteed Shipping Characteristics.

As prescribed in 47.305-16 (90), insert the following clause:

GUARANTEED SHIPPING CHARACTERISTICS (DEC 2011)

(a) The shipping characteristics upon which this award is based are as follows:

(1) Type of container: ______________________

(2) Shipping configuration: ______________________

(3) Size of container: ______________________

(4) Number of items per container: ______________________

(5) Gross weight of container and contents: ______________________

(6) Palletized/skidded: [ ] Yes [ ] No

(7) Number of containers per pallet/skid: ______________________

(8) Weight of empty pallet bottom/skid and sides: ___________________pounds

(9) Size of pallet/skid and contents: ________pounds _________ cube

(10) Number of containers or pallets/skids per railcar: ______________________

Size of railcar: _____________ Type of railcar: ______________________

(11) Number of containers or pallets/skids per trailer: ______________________

Size of trailer: _________________ Type of trailer: ___________________

(12) Rate used in evaluation: ______________________

(13) Tender/Tariff: ______________________

(14) Item: ______________________

(b) The Contractor agrees that if delivered items exceed the guaranteed shipping weight and cube stated above, the contract price shall be reduced by an amount equal to the difference between the transportation costs computed for evaluation purposes based on the above figures, and the transportation costs that should have been used for evaluation purposes based on correct shipping data.

(End of Clause)

52.247-9049 Evaluation - Free on Board (F.o.b.) Origin - Shipments Originating in Puerto Rico.

As prescribed in 47.306-1(d)(93), insert the following provision:

EVALUATION - FREE ON BOARD (F.O.B.) ORIGIN - SHIPMENTS ORIGINATING IN PUERTO RICO (DEC 2011)

(a) Water methods of transportation by carriers engaged in container service (sea vans) for offeror's shipping point to the port of discharge in the United States (excluding Alaska and Hawaii) and land methods of transportation beyond to the ultimate destination in the United States (or water methods beyond if the destination is outside of the United States), will be used in establishing the cost of transportation. Port handling and ocean charges on file and published by the Military Surface Deployment and Distribution Command or the Military Sealift Command (as applicable), as of the date of bid opening (or the closing date specified for receipt of proposals) and effective for the date of the expected initial shipment will be used. Such transportation cost will be added to the bid (or proposal) price in determining the overall cost of the supplies to the Government.

(b) When tentative destinations are indicated, they will be used only for evaluation purposes, the Government having the right to utilize any other means of transportation or any other destination at the time of shipment.

(End of Provision)

52.247-9050 Evaluation -- Palletized Shipments.

As prescribed in 47.306-1(d)(94), insert the following provision:

EVALUATION -- PALLETIZED SHIPMENTS (DEC 2011)

Contracts under this solicitation will require that each shipment be palletized. Railroad cars and trucks cannot be fully loaded with pallets as with unpalletized cases. Free on board (f.o.b.) destination offerors should consider this in determining the transportation cost to be included in their price. The Government will also consider this in determining the transportation costs to be used in evaluation of f.o.b. origin offers. For this purpose, each item will be divided into individual shipment quantities which probably offer the most advantageous overall transportation pattern for the Government considering weight, anticipated rates and rail car capacities. All offers will be evaluated to achieve the lowest possible overall cost to the Government. It is possible because of palletizing that a portion of some otherwise low offer will not be accepted because the quantity will not be sufficient to be shipped advantageously.

(End of Provision)

52.248-9000 Evaluation of Offers Using Alternate VECP Method.

As prescribed in 48.2 (90), insert the following provision:

EVALUATION OF OFFERS USING ALTERNATE VALUE ENGINEERING CHANGE PROPOSAL (VECP) (NOV 2011)

(a) The Government has accepted a Value Engineering Change Proposal (VECP), as identified in the purchase order text (POT), which provides a stated alternative production method with respect to all, or some part, of the item being purchased. Consequently, for a prescribed period, the Government must make a Contractor share payment for each unit it purchases on which the Contractor applies the VECP. To determine payment entitlement for the VECP Contractor, offerors are required to indicate which production method(s) shown below is to be used under any contract resulting from this solicitation and the number of units to be produced by each production method selected.

(b) In selecting the method of production, the offeror is stipulating that all units identified to a specific production method below will be delivered using only the production method selected for that number of units.

(c) The Contractor is cautioned that only units identified to be produced under the method(s) selected in this clause will be accepted on the resulting contract unless such contract is formally modified by the Contracting Officer.

(d) The offeror shall select the production method (check one) and number of units to be produced under each selected method (fill-in). Further, if more than one method of production is available under any chosen VECP number, the offeror shall identify the method(s) selected for use.

(e) The offeror hereby agrees to use the following production method (check one):

[ ] Method Using: Specification/Drawings without any VECP.

Number of units to be produced using this method __________

[ ] Method Using Alternate VECP number ____________ with a unit shared acquisition savings amount of $__________(royalty), per __________.

Number of units to be produced using this method __________

(f) When the offeror selects an alternate VECP method, an amount equal to the VECP shared acquisition savings rate shall be added to the offer price as an evaluation factor beginning with the ________ unit. However, the evaluation factor shall apply only to those quantities which, at the time of contract award, are scheduled for delivery on or before ________________.

(g) Failure to check any block will be deemed to indicate that the offer is based upon using the current requirements without any alternate VECP.

(End of Provision)

52.248-9001 Exemption from Value Engineering.

As prescribed in 48.2 (91), insert the following clause:

EXEMPTION FROM VALUE ENGINEERING (NOV 2011)

Federal Acquisition Regulation (FAR) clause 52.248-1, Alternate III, Value Engineering, is not applicable to the first article portion of the acquisition.

(End of Clause)

52.248-9002 Offers Using Alternate VECP Method And Specifications/Drawings.

As prescribed in 48.2(92), insert the following clause:

OFFERS USING ALTERNATE VALUE ENGINEERING CHANGE PROPOSAL (VECP) METHOD AND SPECIFICATIONS/DRAWINGS (NOV 2011)

Some units supplied under this contract shall be produced using the Value Engineering Change Proposal (VECP) Numbers identified below and some units shall be produced using the specification/drawing identified in the acquisition item description without using any approved VECP method. Acceptance under this contract of any unit produced other than as identified below is prohibited.

Method: Specification / Drawing without VECP

Number of units:

Method: Value engineering change proposals (VECPs)

Number of units:

VECP number(s):

(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)

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)