2.01 SPRMM1-21-Q-YF95.pdf
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- BOWL ASSEMBLY Federal contract opportunity
- Solicitation number
- SPRMM1-21-Q-YG09
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SPRMM1-21-Q-YG09
1. This combined synopsis/solicitation is prepared in accordance with the format in Subpart 12.6 in conjunction with Subpart 13.5 of the Federal Acquisition Regulations (FAR) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
quotations are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the solicitation number is SPRMM1-21-Q-YG09.
2. This requirement is being procured utilizing Special Emergency Procurement Authority (SEPA) procedures in accordance with FAR 18.202.
3. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-06 effective July 12, 2021 and Defense Federal Acquisition Regulation Supplement (DFARS) Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2021-11. The complete text of any of the clauses and provisions may be accessed in full text as follows:
FAR: https://www.ecfr.gov/ under Title 48, Chapter 1
DFARS: https://www.ecfr.gov/ under Title 48, Chapter 2
Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html
DLAD: https://www.acquisition.gov/dlad
NAVSUP WSS Local: https://www.navsup.navy.mil/public/navsup/wss/pi_cd/
4. This acquisition is an unrestricted procurement. The North American Industry Classification System (NACIS) code for this acquisition is 333999 and the small business size standard is 500 employees.
5. This Request for Quote (RFQ) is being issued to establish a firm-fixed price contract for quantity of 10 BOWL ASSEMBLY, part/drawing number 8708300-82 CAGE Code 71871.
6. Traceability: All suppliers with the exception of the Original Equipment Manufacturer (OEM) shall provide complete traceability back to the OEM in accordance with procurement notes DLATERMHZ01 C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY found on page 13 of this solicitation and DLATERMHZ03 L04 OFFERS FOR PART NUMBERED ITEMS (SEP 2016) found on page 14 of this solicitation. Offers submitted without the required traceability documentation will be considered non-responsive and will be ineligible for award.
7. Evaluation: The Government intends to evaluate quotes in response to this solicitation and will award one firm-fixed price contract to the lowest price technically acceptable Offeror. If FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability.
8. Packaging and Marking Requirements: All products shall be packaged in accordance with the packaging code listed on page 2 of the solicitation unless an exemption has been granted.
9. Delivery Point: The delivery point for this procurement is FOB Origin. Inspection at Origin. Acceptance at Origin. The shipping address will be as follows:
CLIN DODAAC
W25G1U
ADDRESS
W1A8 DLA DISTRIBUTION
DDSP NEW CUMBERLAND FACILITY
2001 NORMANDY DRIVE DOOR 113 TO 134
NEW CUMBERLAND, PA 17070-5002
10. System for Award Management (SAM): In accordance with FAR 4.1102, Offerors shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the internet at https://www.sam.gov/SAM/.
11. Annual Representations and Certifications: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration.
Registration in this database shall remain active and can be accessed at https://www.sam.gov/SAM/.
12. Amendments: The Offeror shall submit to the Contract Specialist signed copies of all amendments issued to this solicitation. Failure to comply may cause your offer to be rejected.
13. Financing: In accordance with FAR 32.003, contract financing will not be provided.
14. Invoicing and Payment: Invoicing and Payment will be made via Wide Area Work Flow (WAWF). The successful Offeror must be registered in WAWF for the purpose of processing vendor payment requests.
See DFARS 252.232-7003 and 252.232-7006.
15. Deliveries: The Offeror understands that the time of delivery or timely performance is so important that the Government may reasonably expect to suffer damage if the delivery or performance is delinquent, and the extent or amount of such damage would be difficult or impossible to estimate accurately or prove.
Refer to FAR 11.501. By submitting a quote to this solicitation, the Offeror agrees that any resulting award’s delivery orders are subject to a financial reduction in unit price as calculated per DLAD 43.102 for any delay in delivery as liquidated damages. Refer to FAR 52.211-11.
16. Points of Contact: Contract Specialist: Alex Dodds (Alex.Dodds@dla.mil) Contracting Officer: Giovanna Poppleton (Giovanna.Poppleton@dla.mil)
17. Correspondence: Offers responding to this announcement shall submit their quotes along with any other required documentation via email to Alex.Dodds@dla.mil. All offers must be received by September 20th, 2021, at 5:00 PM Eastern Local Time to be considered for award.
SCHEDULE OF SUPPLIES
CLIN 0001 – NSN 7HH 4330 011649640
BOWL ASSEMBLY
CAGE CODE 71871
SHELF LIFE 0-00
PART NUMBER
8708300-82
The BOWL ASSEMBLY shall be the design represented by CAGE Code 71871, Part Number 8708300-82, manufactured in accordance with ALFA LAVAL INC current OEM.
= $_______________ TOTAL QUANTITY 10 @ $_______________
EACH PACKAGING CODE:
HM QUP ICQ PMT CD PM WM CUD CT UC LP IC UCL SP MK PACK
N 001 000 10 1 00 JA LK 0 MA A 00 A 24 FFF
UNIT PKWT UNIT PKCU OPI CAGE SPI NUMBER REV SPI DATE
1338.0 56.329 M
UNIQUE: N SUPPLEMENTAL INSTRUCTIONS
ZZ = P
PPPM LEVEL: SHELF LIFE CD: 0 SHELF LIFE ACTION CD: 00
INSPECTION AND ACCEPTANCE:
Supplies/services shall be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Origin Government Origin Government
The following FAR, DFARS and DLAD provisions apply to this acquisition:
FAR 52.212-1- Instructions to Offers – Commercial Items
Addenda to FAR 52.212-1 Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:
(c) Period of acceptance of offers. The Offeror agrees to hold prices in its offer firm for 90 calendar days from the date specified for receipt of offers.
The following paragraphs under referenced provision 52.212-1 are hereby deleted:
(d) Product samples;
(e) Multiple Offers; and
(h) Multiple Awards
The following provisions apply and are incorporated by reference:
FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017) FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-20 Predecessor of Offeror (AUG 2020) FAR 52.204-22 Alternative Line Item Proposal (JAN 2017) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) FAR 52.204-26 Covered Telecommunications Equipment or Services – Representations (DEC 2019) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representations (NOV 2015) FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020) FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) FAR 52.219-1 Small Business Program Representations (MAR 2020) FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) FAR 52.222-25 Affirmative Action Compliance (APR 1984) FAR 52.225-18 Place of Manufacture (AUG 2018) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification (JUN 2020) FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representations (JUN 2020) FAR 52.233-2 Service of Protest (SEP 2006) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016) DFARS 252.225-7020 Trade Agreements Certificate – Basic (NOV 2014)
Addenda to FAR 52.212-1; the following provisions apply and are incorporated in full text:
FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (APR 2008)
Any contract awarded as a result of this solicitation will be ( < > ) DX rated order, ( <X> ) DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS)((15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
(End of provision)
FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address:
FAR: https://www.ecfr.gov/ under Title 48, Chapter 1 DFARS: https://www.ecfr.gov/ under Title 48, Chapter 2 Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html DLAD: https://www.acquisition.gov/dlad NAVSUP WSS Local: https://www.navsup.navy.mil/public/navsup/wss/pi_cd/
(End of provision)
FAR 52.252-5 Authorized Deviations in Provisions (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
OFFER SUBMISSION INSTRUCTIONS – Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.
1. Quotes may be submitted in contractor format and shall include:
(1) Company name, address, telephone number, e-mail address, and FAX number
(2) Solicitation number
(3) Commercial and Government Entity (CAGE) Code
(4) Completed Schedule of Supplies/Services with a Unit Price, extended prices and proposed delivery days
(5) If you are not the OEM of the material being offered, you must complete the traceability Documentation found in Procurement Notes DLATERMHZ01 C03 and DLATERMHZ03 L04 of this solicitation and include them with your offer.
(6) Signed acknowledgments of amendments (applicable only if any amendments are issued against this solicitation)
2. Contractors are required to include a copy of the FAR provision 52.212-3-Offeror Representations and Certifications-Commercial Items and FAR provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment with its offer or may indicate completion of the representations and certifications on the internet at www.sam.gov/SAM/. Failure to include the certifications along with the quote or to complete the certifications on the internet may result in elimination from consideration for award.
FAR 13.106-2 – Evaluation of Quotes or Offers: The Government intends to evaluate quotes in response to this solicitation and will award one firm-fixed price contract to the lowest price technically acceptable Offeror whose quote represents the lowest price. Therefore, only offers for the exact NSN, OEM Part Number, OEM CAGE Code, Current Revision, with Completed Traceability Documentation (if required) will be considered technically acceptable. If the Offeror did not manufacture the item, the Offeror shall submit supply chain traceability documentation that clearly indicates all supply chain intermediaries between the manufacturer to the contractor, to item acceptance by the Government. This information will be used to determine technical acceptability.
Technical information shall be evaluated on a go/no go basis and will not be rated. Any Offeror who has been determined acceptable (go) on their technical information will then have their quote evaluated for price. Other than certified cost or pricing data may be requested after receipt of offers. If requested, Offerors shall provide other than certified cost or pricing data within 15 days. Offerors are recommended to submit other than certified cost or pricing data along with their quote or offer in order to avoid any delays.
FAR 52.212-4 Contract Terms and Conditions–Commercial Items (OCT 2018). Addenda to 52.212-4; the following clauses apply and are incorporated by reference:
FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.215-2 Audit and Records – Negotiation (JUN 2020) FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999) FAR 52.229-11 Tax on Certain Foreign Procurements (JUN 2020) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996) FAR 52.246-16 Responsibility for Suppliers (APR 1984) FAR 52.247-29 F.O.B. Origin (FEB 2006) FAR 52.253-1 Computer Generated Forms (JAN 1991) DFARS 252.203-7000 Requirement Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252-203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (DEC 2019) DFARS 252.211-7003 Item Unique Identification and Valuation (MAR 2016) DFARS 252.211-7005 Substitutions for Military or Federal Specifications and Standards (NOV 2005) DFARS 252.211-7006 Passive Radio Frequency Identification (DEC 2019) DFARS 252.211-7008 Use of Government-Assigned Serial Numbers (SEP 2010) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) – Basic (DEC 2019) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2017) DFARS 252.225-7021 Trade Agreements – Basic (SEP 2019) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)
DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991) DFARS 252.244-7000 Subcontracts for Commercial Items (JUN 2013) DFARS 252.247-7023 Transportation of Supplies by Sea – Basic (FEB 2019) WSSTERMDZ03 Preservation, Packaging, Packing and Marking (MAY 2020) WSSTERMLZ06 Consignment Instructions (MAY 2010)
Addenda to FAR 52.212-4; the following clauses apply and are incorporated in full text:
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUL 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
_X_ (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ 4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.
109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved]
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.
111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
__ (10) [Reserved]
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a).
SPRMM1-21-Q-G09
__ (ii) Alternate I
(MAR 2020) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
_X_ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (JUN 2020) of 52.219-9.
__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C.
657f).
_X_ (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-
Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
_X_ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_X_ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (July 2014) of 52.222-35.
_X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
__ (ii) Alternate I (July 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_X_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and
13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
_X_ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
_X_ (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108- 77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (MAY 2014) of 52.225-3.
__ (iii) Alternate II (MAY 2014) of 52.225-3.
__ (iv) Alternate III (MAY 2014) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL
2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
_X_ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
__ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter 67).
(xiii) __ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
(End of clause)
FAR 52.252-2 – Clauses Incorporated by Reference (FEB 1998)
This contract incorporates on or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:
FAR: https://www.ecfr.gov/ under Title 48, Chapter 1 DFARS: https://www.ecfr.gov/ under Title 48, Chapter 2 Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html DLAD: https://www.acquisition.gov/dlad NAVSUP WSS Local: https://www.navsup.navy.mil/public/navsup/wss/pi_cd/
(End of clause)
FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DFARS 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018)
(a) Definitions. As used in this clause—
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document Type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items--
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
( <Invoice and Receiving Reports)> )(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
( <Not Applicable (N/A)> )(Contracting Officer: Insert either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) (Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC To Be Determined (TBD)
Issue By DoDAAC SPRMM1
Admin DoDAAC TBD
Inspect By DoDAAC TBD
Ship To Code See Schedule
Ship From Code TBD
Mark For Code See Schedule
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) TBD
Accept at Other DoDAAC ___
LPO DoDAAC ___
DCAA Auditor DoDAAC ___
Other DoDAAC(s) ___
(Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert See Schedule or Not applicable.)
(Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
( < > )(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
DLATERMHZ01 C03 Contractor Retention of Supply Chain Traceability (JUL 2019)
(1) By submitting a quotation or offer, the contractor agrees that, when the contractor is not the manufacturer of the item, it is confirming that it currently has or will obtain before delivery and shall retain documented evidence (supply chain traceability documentation) that the item is from the approved manufacturer and conforms to the technical requirements. The retention period is five years after final payment under this contract.
(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, where available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.
(3) Examples of acceptable supply chain traceability documentation can be found at:
http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/
(4) The contractor shall immediately make available documentation upon request of the contracting officer. The contracting officer determines the acceptability and sufficiency of documentation. If the contractor fails to retain or provide the documentation or the contracting officer finds the documentation to be unacceptable, corrective action may be taken including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.
(End of clause)
DLATERMHZ03 L04 Offers for Part Numbered Items (SEP 2016)
(a) For part numbered items, identified in the item description only by the name of an approved source (CAGE code), a part number, and a brief description.
Exact product – applies to contract line-item(s) (CLIN(s)): _____
CAGE code __________ part number ________
Alternate product – applies to CLIN(s):_____
CAGE code __________ part number ________
Superseding part number – applies to CLIN(s): _____
CAGE code __________ part number ________
Identify reason for superseding part number:
Administrative P/N change only: Yes____ No____
Minor change/No change in configuration: Yes____ No____
Previously-approved product – applies to CLIN(s): _____
Contract or Solicitation Number: ____________________
CAGE code __________ part number ________
Correction to CAGE/Part Number – applies to CLIN(s) _____
CAGE code in error/same corporation, different division Yes ___ No___
CAGE code in error/sold to different corporation Yes ___ No___
Part number not recognized Yes ___ No___
Obsolete part number Yes ___ No___
Other Yes ___ No___
(b) Exact product means a product described by the name of an approved source and its corresponding part number cited in the item description; and manufactured by, or under the direction of, that approved source. An
Offeror of an exact product must meet one of the descriptions below.
(1) An approved source offering its part number cited in the item description;
(2) A dealer/distributor offering the product of an approved source and part number cited in the item description;
(3) A manufacturer who produces the offered item under the direction of an approved source; and 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.
(4) A dealer/distributor offering the product of a manufacturer that meets the description in subparagraph (3) above.
(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 manufactures the item for an approved source cited in the item description, but does not have authorization from the approved source to 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 (i) above;
(iii) An Offeror of a reverse-engineered product that is not cited in the item description; or
(iv) An Offeror whose product does not meet the criteria of exact product, superseding product or previously approved product.
(2) An offer of an alternate product is an alternate offer.
(d) 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 item description has been superseded due to an administrative part number change with no change in configuration of the item.
(e) The Offeror must indicate that a previously-approved product is being offered if the product offered has previously been delivered to the Government or otherwise previously evaluated and approved.
(f) Correction to CAGE/Part Number Cited in the Item Description Submitted by Offeror to notify the Government if there is a CAGE code error: same corporation/different division; sold to different corporation; part number not recognized; obsolete part number; other.
(g) Traceability documentation.
(1) The contracting officer may request evidence of the technical acceptability of the product offered.
**THE EVIDENCE MUST BE SUBMITTED WITHIN 2 DAYS, OR AS OTHERWISE SPECIFIED, OR THE
OFFEROR WILL NOT BE CONSIDERED.**
(2) For offers of exact product, Offerors other than the approved manufacturing source must retain evidence and provide the traceability evidence of the identity of the item and its manufacturing source when requested by the contracting officer.
(i) If offered item(s) are not in stock or not yet manufactured a copy of an original quotation from the approved source to the Offeror identifying exact item cited in item description and a quantity sufficient to satisfy the solicitation requirement.
(ii) If offered item(s) are shipped or in stock, a copy of invoice on approved source's letterhead; or a copy of packing slip which accompanied shipment from approved source to Offeror. The invoices and packing slips must identify exact item cited in item description and a quantity sufficient to satisfy the solicitation requirement.
(iii) If the Offeror is an authorized dealer/distributor, or manufactures the item for an approved source, a copy of the contractual agreement with, or the express written authority of, the approved source to buy, stock, repackage, sell, or distribute the part. 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 furnish additional documentation to address the exact item being acquired.
(iv) Other verifiable information.
(1) For superseding part number, the Offeror may be requested to furnish evidence to establish that there are no changes in the configuration of the part.
(2) For previously approved products, upon request of the contracting officer, the Offeror must furnish the contract, solicitation, source approval request (SAR) package, or letter of approval under which the product was previously furnished or approved.
(h) Alternate offer data.
(1) The contracting officer may request drawings, specifications, or other data necessary to clearly describe the characteristics and features of an alternate offer. Data submitted shall cover design, materials, performance, function, interchangeability, inspection or testing criteria, and other characteristics of the offered product. The contracting officer may also request drawings and other data covering the design, materials, etc., of the exact product cited in the item description if the Agency does not possess data sufficient to evaluate the alternate product. THE DATA MUST BE SUBMITTED WITHIN 10 DAYS, OR AS OTHERWISE SPECIFIED, OR THE
OFFER WILL NOT BE CONSIDERED.
(2) If the alternate product is a reverse-engineered product, the Offeror shall provide: technical documentation to establish that the offered item represents the exact item specified in the item description (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.
(j) Evaluation of alternate offers
If the solicitation does not provide for evaluation of alternate offers for the current procurement, the Offeror may submit a request 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 include the applicable level of technical data. 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 in the item description and/or via correspondence with the contracting officer.
(End of clause)
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