B.01 Combined Syn Sol_W91YTZ1-20-Q-0179.docx

W91YTZ-20-Q-0208

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued and is expected to result in the award of a firm-fixed price requirement type contract. The resulting award will be made on SF 1449, for commercial supplies and services. Solicitation number W91YTZ-20-Q-0208 is issued as request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07 current as of 2 July 2020 and DFARS DPN 20200605.

This acquisition is 100% Small Business set-aside, under size standard 1,000 and NAICS code 325120. The Government anticipates awarding a single award for this requirement to provide delivery of medical-grade liquid bulk oxygen located at Dwight D. Eisenhower Army Medical Center (DDEAMC) Fort Gordon, Georgia.

This requirement is for a base period and 4 option periods.

Item No. 0001: Medical-grade Liquid Bulk Oxygen 60,000 Gallons The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen refill government owned oxygen tanks.

Period of Performance: 1 October 2020 through 30 September 2021.

Unit Price: $________________ Total: $__________________

Item No. 0002: Telemetry Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen refill government owned oxygen tanks.

Period of Performance: 1 October 2020 through 30 September 2021.

Unit Price: $________________ Total: $__________________

Item No. 0003: Hazmat Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen refill government owned oxygen tanks.

Period of Performance: 1 October 2020 through 30 September 2021.

Unit Price: $________________ Total: $__________________

Total Base Period: $ _______________________

Option Year 1

Item No. 1001: Medical-grade Liquid Bulk Oxygen 60,000 Gallons The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2021 through 30 September 2022.

Unit Price: $________________ Total: $__________________

Item No. 1002: Telemetry Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2021 through 30 September 2022.

Unit Price: $________________ Total: $__________________

Item No. 1003: Hazmat Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2021 through 30 September 2022.

OY1 Total: $______________________

Option Year 2

Item No. 2001: Medical-grade Liquid Bulk Oxygen 60,000 Gallons The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2022 through 30 September 2023.

Unit Price: $________________ Total: $__________________

Item No. 2002: Telemetry Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2022 through 30 September 2023.

Unit Price: $________________ Total: $__________________

Item No. 2003: Hazmat Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2022 through 30 September 2023.

OY 2 Total: $______________________

Option Year 3

Item No. 3001: Medical-grade Liquid Bulk Oxygen 60,000 Gallons The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2023 through 30 September 2024.

Unit Price: $________________ Total: $__________________

Item No. 3002: Telemetry Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2023 through 30 September 2024.

Unit Price: $________________ Total: $__________________

Item No. 3003: Hazmat Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2023 through 30 September 2024.

OY 3 Total: $______________________

Option Year 4

Item No. 4001: Medical-grade Liquid Bulk Oxygen 60,000 Gallons The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2024 through 30 September 2025.

Unit Price: $________________ Total: $__________________

Item No. 4002: Telemetry Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2024 through 30 September 2025.

Unit Price: $________________ Total: $__________________

Item No. 1003: Hazmat Fee 12 Months The contractor shall provide Dwight D. Eisenhower Army Medical Center (DDEAMC) all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

Period of Performance: 1 October 2024 through 30 September 2025.

Unit Price: $________________ Total: $__________________

OY 4Total: $______________________

Total Base Period Plus four (4) Option Periods:

The following FAR Clauses and Provisions in their latest editions apply to this solicitation.

Addendum to FAR 52.212-1 Instructions to Offerors—Commercial Items

FAR 52.212-1 is hereby amended to reflect the changes shown below:

Para (b) Submission of offers

All offerors must be registered in the System for Award Management (SAM) prior to award, and lack of registration shall make an offer ineligible for award. Offerors may obtain information on registration Internet at https://www.sam.gov. Or the SAM Help desk at https://www.fsd.gov.

THE SOLICITATION MUST BE QUOTED ALL OR NONE.

Location of Performance: Eisenhower Army Medical Center, Building 300, Hospital Road, Fort Gordon, GA 30905.

All questions shall be submitted via email no later than 12:00PM EST August 13, 2020 to valerie.j.deveaux.civ@mail.mil and sebrena.l.lane.civ@mail.mil. Responses will be posted to the Beta Sam Federal Business Opportunities website. Proposals are being accepted via email only. All responsible sources should submit proposals to Valerie DeVeaux via e-mail: valerie.j.deveaux.civ@mail.mil by August 21, 2020 12:00 PM EST. (n) the non-Far Part 12 discretionary FAR, DFARS, AFARS and MEDCOM provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 for locations where full text can be obtained.

Cover email shall include: Data Universal Numbering System (DUNS) / CAGE Code, Point of contact for individual authorized to enter in to discussions to include phone and email.

All offers must request verification by email to Valerie DeVeaux Email: valerie.j.deveaux.civ@mail.mil to confirm receipt of their proposal was received by the time specified in the solicitation. The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.

Instructions for the Preparation of Proposals

Written Documentation. Note: The contractor is required to provide an un-sanitized and sanitized copy of the technical proposal. The sanitized copy shall be void of any identifiable references, such as CAGE Code, names (company or individual), etc.

The technical information required for evaluation purposes shall not exceed 10 pages. Each page shall be numbered.

The proposal shall be prepared in two (2) separate volumes as indicated below.

· Volume I-Technical

· Volume II-Pricing

VOLUME I – TECHNICAL

The technical proposal, Volume I, shall be addressed in sufficient written detail for the Government to determine if the offeror understands this aspect of the Government’s requirement. The offeror shall address each factor separately, and shall provide sufficient narrative and supporting data for each factor. Lack of any of these significant capabilities shall be considered sufficient cause for the proposal to be determined unacceptable. The Technical Proposal shall provide sufficient detail for the Government to determine whether the proposal acceptably meets the requirements of the solicitation. Statements that the offeror understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as “standard procedures will be used” or “well-known techniques will be used” will be considered unacceptable. The technical proposal shall provide a narrative and supporting data with the following sections organized separately so that the evaluation factors listed below are included.

The following information must be submitted, in writing, as part of the technical proposal.

Factor 1: Contingency Plan – Provide in writing an alternative plan for delivery of bulk oxygen if your company is unable to meet contract requirements.

Factor 2: – Emergency Services - Provide in writing how your company will be available to provide and comply with a 24 hour emergency, urgent on-site response when required.

VOLUME I – PRICING

Assessment of price reasonableness based on comparison to market prices.

1. The offeror shall submit proposed pricing for all subcontract Line Item Numbers (subCLINs) identified in the Request for Proposal, unless otherwise noted. The offeror shall limit their unit and extended prices to two (2) decimal places (example: $158.03).

1. The offeror shall submit pricing totals for the base period and option years individually, as well as a grand total.

1. Pricing document shall include individual pricing for each CLIN.

CLAUSES INCORPORATED BY REFERENCE

Incorporated by Full Text

52.207-4 Economic Purchase Quantity-Supplies AUG 1987

Delinquent Tax Liability or a Felony Conviction Under Any Federal Law

52.252-1 (FEB 1998), Solicitation Provisions Incorporated by Reference: The full text of a solicitation provision may be accessed electronically at this/these address (es): www.farsite.hill.af.mil or www.arnet.gov/far.

52.252-5, Authorized Deviations in Provisions (APR 1984): (b) the use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)" after the name of the regulation.

252.204-7008

252.213-7000

252.222-7007

252.225-7035

Compliance With Safeguarding Covered Defense Information Controls

Notice to Prospective Supplies on Use of Past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations

Representation Regarding Combating Trafficking in Persons Buy American Free Trade Agreements-Balance of Payments Program Certificate-Basic

OCT 2016

JUN 2015

JAN 2015

NOV 2014

52.212-2

Addendum 52.212-2 Best Value

Paragraph (a) replaced with the following:

Award will be made based the best value source selection process. The Government will award to the offeror whose proposal represents the best value. In accordance with the evaluation sequence below, the government will only apply the best value tradeoff analysis to proposals rated Technically Acceptable. Consequently the Government will determine best value using a technically acceptable-price tradeoff approach. In the best value tradeoff between technical acceptability and price, technical acceptability will be weighted as significantly more important than price. The Government reserves the right to select a lower-priced offeror with a less favorable past performance record where that offeror’s price advantage is deemed sufficient to outweigh any difference in technical acceptability.

The Government will award a Firm Fixed Price contract resulting from this solicitation to the responsible Offer whose offer conforming to the solicitation will be the most advantageous for the Government, price and other factors considered. In order to be considered for award, an Offeror must receive an Acceptable rating in all factors. The following factors shall be used to evaluate:

Technical and Price

Award will be made based the best value tradeoff approach. The Government will award to the offeror whose proposal represents the best value.

(a) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contractor without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FACTOR: 1 TECHNICAL

Factor 1: Contingency Plan – Provide in writing an alternative plan for delivery of bulk oxygen if your company is unable to meet contract requirements.

Factor 2: – Emergency Services - Provide in writing how your company will be available to provide and comply with a 24 hour emergency, urgent on-site response when required.

Technical will be evaluated as either Acceptable or Unacceptable. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. Definitions are as follows:

ACCEPTABLE: To be rated acceptable, the offeror's technical proposal must demonstrate it can meet all specifications and testing requirements.

UNACCEPTABLE: A technical proposal that fails to demonstrate it can meet one or more requirements will be determined unacceptable.

FACTOR II: PRICE

Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability. The offeror shall complete the CLIN structure with a total cost covering a base period and four option years developed based upon all labor, supervision, transportation for delivery of medical-grade bulk oxygen to refill government owned oxygen tanks.

This information will be used to assist in the price analysis as required by FAR 15.404-1(b).

Award will be made based on best value trade off approach.

(c) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contractor without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 ADDENDUM

(w) the non-FAR Part 12 discretionary FAR, DFARS, AFARS, and Local clauses herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found.

CLAUSES INCORPORATED BY REFERENCE

52.204-18 Commercial and Government Entity Code JUL 2016 Maintenance 52.204-25 Prohibition on Contracting for Certain AUG 2019 Telecommunications and Video Surveillance Services or Equipment

52.222-51 Exemption from Application of the Service MAY 2014 Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements 52.223-3 Hazardous Material Identification and Material JAN 1997 Safety Data

52.237-2 Protection of Government Buildings, Equipment APR 1984 And Vegetation

Rights

And Hazardous Materials

Receiving Reports

Incorporated in Full Text

52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations 52.217-7 Option for Increased Quantity—Separately Priced Item MAR 1989 The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expires. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause) 52.217-9 Option to Extend the Term of the Contract MAR 2000

The Government may extend the term of this contract by written notice to the Contractor within 30 days (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 clause.

© The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months (End of clause)

52.219-28 Post-Award Small Business Program Representation MAY 2020

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.] (End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

(a)Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one 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/these address (es):

www.farsite.hill.af.mil.

(End of clause)

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 DoD FAR Supplement (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)

OCT 2016

(a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause.

(b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation.

(c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items.

(End of clause)

252.247-7023 Transportation of Supplies by Sea-Basic FEB 2019

(a) Definitions. As used in this clause— Components means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

Department of Defense (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

Foreign-flag vessel means any vessel that is not a U.S.-flag vessel.

Ocean transportation means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

Subcontractor means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) Supplies includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—

(i) This contract is a construction contract; or

(ii) The supplies being transported are—

(A) Noncommercial items; or

(B) Commercial items that—

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall—

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause) Alternate I. As prescribed in 247.574(b) and (b)(2), use the following clause, which uses a different paragraph (b) than the basic clause:

TRANSPORTATION OF SUPPLIES BY SEA—ALTERNATE I (FEB 2019)

(a) Definitions. As used in this clause— Components means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

Department of Defense (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

Foreign-flag vessel means any vessel that is not a U.S.-flag vessel.

Ocean transportation means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

Subcontractor means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) Supplies includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if the supplies being transported are—

(i) Noncommercial items; or

(ii) Commercial items that—

(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations (Note: This contract requires shipment of commercial items in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations); or

(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor—

(1) Shall notify the Contracting Officer of that fact; and

(2) Hereby agrees to comply with all the terms and conditions of this clause.

(i) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause) Alternate II. As prescribed in 247.574(b) and (b)(3), use the following clause, which uses a different paragraph (b) than the basic clause:

TRANSPORTATION OF SUPPLIES BY SEA—ALTERNATE II (FEB 2019)

(a) Definitions. As used in this clause— Components means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

Department of Defense (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

Foreign-flag vessel means any vessel that is not a U.S.-flag vessel.

Ocean transportation means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

Subcontractor means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) Supplies includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel…