DFO Segment 2 Section D Draft 2.pdf

PART I – SECTION D PACKAGING AND MARKING

Screening Information Request (SIR) 693KA8-21-R-00001

1 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

D.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (July 2019)

(AMS 3.1-1)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

D.2 AMS CLAUSES AND PROVISIONS IN FULL TEXT:

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(October 2016) (AMS 3.6.3-3)

(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number.

This information shall also be included on the Safety Data Sheet submitted under this contract.

Material (If none, insert None): __________________________________ Identification No.: __________________________________

(c) The apparently successful offeror, by acceptance of the contract, certifies that the list in paragraph (b) of this clause is complete. This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) ) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause or the certification submitted under paragraph (c) of this clause, the Contractor shall promptly notify the Contracting Officer (CO) and resubmit the data.

https://fast.faa.gov/contractclauses.cfm

2 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to:

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material;

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of Safety Data Sheets, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(4) For items shipped to consignees, the Contractor shall include a copy of the Safety Data Sheets with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit Safety Data Sheets to consignees in advance of receipt of shipments by consignees, if authorized in writing by the

CO.

(5) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the Safety Data Sheets in or on each shipping container. If affixed to the outside of each container, the Safety Data Sheets must be placed in a weather resistant envelope. (End of clause)

D.3 PRESERVATION, PACKING AND PACKAGING

Preservation, packaging and packing for shipment or mailing of all deliverables hereunder must be in accordance with best commercial practices at the most economical rate(s) sufficient to assure arrival to destination in a safe and undamaged condition.

3 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

The Contractor must be responsible for the preservation, packaging and packing of all items to be delivered under the terms of this contract in such a manner that adequate protection is provided against corrosion, deterioration and physical damage during shipment and handling from the source of supply to the ultimate destination. The Contractor must be fully liable for any damage, deterioration or losses incurred during shipment, handling and installation that are attributable to improper packaging.

D.4 MARKING OF REPORTS/PACKAGES/DELIVERABLES

a) Each package, report, or other deliverable must be accompanied by a transmittal letter, with a copy to the Contracting Officer, excluding enclosures, which:

1. Identify the Contract and Delivery/Task Order number under which the item is being delivered.

2. Identify the Contract Line Item Number (CLIN) or “Report Requirement” which requires the delivered item(s); and,

3. Indicates whether the Contractor considers the deliverable to be a partial or full satisfaction of the requirement. If a partial delivery, provide a rational for the submission and solution for satisfy the deliverable requirement.

b) Transmittal Letter at a minimum must address the following:

1. Name and address of the Contractor;

2. Contract Number; and Delivery/Task Order, D.5 MARKING OF HARDWARE AND SOFTWARE

a) Hardware: The Contractor must mark each unit, intermediate and exterior shipping container of all components, equipment and spares with the following: serial number, part number, warranty expiration date, CLIN and contract number.

b) Software: For each item specified for delivery, the following requirements apply:

1. Contractor-provided information is to be provided in Microsoft Word or another format mutually acceptable to the Contractor and Government.

2. Each electronic media item provided must have:

i) a unique volume label;

ii) an individualized physical label containing the volume label and sufficient information to identify the general contents;

iii) a Microsoft Word file named “CONTENTS” which contains an annotated list of the directories/files; and

iv) the write-protection tab in the “read-only” position.

3. Deliveries of electronic media to the same address and mail stop at the same time may be consolidated provided that suitable commercial packing and shipping containers must be used.

c) Except for those deliverables identified above, the Contractor must mark each deliverable item with the name of its firm, the FAA Contract Number, FAA COTR, item identification, quantity of items and notice of partial or final delivery as appropriate. The

4 | P a g e “This contract may contain information considered sensitive unclassified information (SUI) and would merit protection from unauthorized disclosure under 5 U.S.C, Section 552(b)(4). No information shall be released except as authorized by the Contracting Officer.”

Contractor must ship all deliverable items required by this Contract FOB destination, with all mailing and transport expenses prepaid in accordance with AMS Clause 3.10.3-2 Government Property- Basic Clause (April 2019).

END OF SECTION D