B.08 W912HN21Q5006 Solicitation.pdf

W912HN21Q5006

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS/SOLICITATION

This notice is being posted as an avenue to provide Request for Quotes, W912HN21Q5006. This is a combined synopsis/solicitation for commercial services in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION: QUOTES ARE BEING REQUESTED AND A WRITTEN

SOLICTATION WILL NOT BE ISSUED. This will be Other Than Full and Open Competition. The NAICS Code is 333612 with a size standard of 750 employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2021-05.

Title of Requirement: Western Right-Angle Drive Gearbox Rehabilitation, Clemson Pumping Station

Description of Requirement: The contractor shall inspect, upgrade, and refurbish two Western Gear Model 240PMR-200 single reduction, right angle speed reducers (A&B) and build one new duplicate Western Gear Model 240PMR-200(C). The right-angle speed reducers shall be manufactured and repaired by Philadelphia Gear, a brand of Timken Gears and Services, the original equipment manufacturer (OEM), per the OEM drawings, to be dimensionally and functionally identical to the Clemson Pump Station’s existing equipment and machinery.

Submission Requirements: Quotes should be emailed to Amy.L.Collins@usace.army.mil by 6 April 2021 at 11:00 a.m. Eastern Time. Please CC Whittni C. Hiscox at Whittni.C.Hiscox@usace.army.mil Fill out and sign pages 4-7 of this document.

Basis for Award: The government intends to sole source this requirement to Timken Gears & Services, Inc. dba Philadelphia Gear. However, if another firm is able to provide the same requirement, the award will be made to the lowest priced, responsible, responsive quote that meets or exceeds the product specifications. This is in accordance with Federal Acquisition Regulation (FAR) 52.212-2, Evaluation – Commercial Items, and FAR 9.104.

The Government reserves the right to cancel this solicitation.

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers – Savannah District

POC: Amy Collins Phone: (912) 652-5505

Email: amy.l.collins@usace.army.mil

CONTRACTOR: ______________________________________________________

DUNS NO.: __________________________________________________________

CAGE CODE: ________________________________________________________

TAX ID NO.: _________________________________________________________

E-MAIL: ____________________________________________________________

PHONE NO.: ________________________________________________________

PLACE OF MANUFACTURE: __________________________________________

DATE OF QUOTE: ____________________________________________________

QUOTE PREPARED AND CERTIFIED BY:

(Printed Name and Title)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

REBUILD/REPAIR WESTERN 240PMR-200FFP

GEARBOX (A)

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

0002 1 Job

ADDITIONAL WORK REQUIRED AFTERFFP

INSPECTION OF CLIN 0001 (REFERENCE PARAGRAPH 1.B.b. PROVIDE

RATE PER HOUR THAT INCLUDES ALL COSTS (LABOR, MATERIALS,

ETC.) USED TO NEGOTIATE APPLICABLE COSTS).

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD

0003 1 Each

OPTION NEW WESTERN 240PMR-200 GEARBOX OR EQUALFFP

(OPTION 1)

Valuation, are applicable for this line item. The contractor shall provide DoD

0004 1 Each

OPTION REBUILD/REPAIR WESTERN 240PMR-200FFP

GEARBOX (B) (OPTION 2)

Valuation, are applicable for this line item. The contractor shall provide DoD

0005 1 Job

OPTION ADDITIONAL WORK REQUIREMENTS AFTERFFP

INISPECTION REQUIRED TO REPAIR SPEED REDUCER NOT ALREADY

IN CLIN 0004 (REFERENCE PARAGRAPH 2.3.B.b. PROVIDE RATE PER

HOUR THAT INCLUDES ALL COSTS (LABOR, MATERIALS, ETC.) USED

TO NEGOTIATE APPLICABLE COSTS). (OPTION 2)

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD

Section C - Descriptions and Specifications

NOTES TO OFFEROR

Note 1: Quotes shall meet the specifications in the Performance Work Statement to be eligible for an award. PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e. Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION: Solicitation number; offeror's complete mailing and remittance addresses; discount terms, DUNS number, and Tax Identification Number. Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.acquisition.gov or by calling 866-606-8220

Note 2: All questions are to be directed no later than 11:00 a.m. Eastern time two days prior to closing date to Amy Collins at amy.l.collins@usace.army.mil and Whittni C.

Hiscox at Whittni.C.Hiscox@usace.army.mil

Note 3: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.

Note 4: The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote.

Note 5: This acquisition will utilize Simplified Procedures pursuant to FAR 13.1.

Note 6: Include a unit price and a total for each Item No. above.

Note 7: ADC refers to After Date of Contract. AOE refers to After Option Exercised.

PERFORMANCE WORK STATEMENT

WESTERN RIGHTANGLE DRIVE GEARBOX REHABILITATION

CLEMSON PUMPING STATION

1.0 GENERAL

The current Western Gearboxes for our large capacity diesel driven pumps at Clemson Pumping Station are damaged and/or suffer from significant service degradation and do not interchange one for one. The work provided herein consists of inspecting, upgrading, and refurbishing of two Western Gear Model 240PMR-200 single reduction, right angle speed reducers (A&B) and building one new duplicate Western Gear Model 240PMR-200(C). The right-angle speed reducers shall be manufactured and repaired by Philadelphia Gear, a brand of Timken Gears and Services, the original equipment manufacturer (OEM), per the OEM drawings, to be dimensionally and functionally identical to the Clemson Pump Station’s existing equipment and machinery.

Factory overhaul and testing must be conducted by an OEM authorized facility with ISO certification. New Enclosed Drive must be built by an OEM authorized facility with ISO certification.

2.0 SCOPE OF WORK

The scope in its entirety will consist of a base scope and two additional separate work items to be optioned.

2.1 BASE SCOPE

Scope of Work consists of inspecting, upgrading, and refurbishing one Western Gear Model 240PMR-200(A) single reduction, right angle speed reducer. The base scope includes all quality assurance testing, freight/shipping requirements, and providing applicable documents associated with equipment operation and maintenance.

A. WORK SCOPE

1. Disassemble, clean and inspect all components that will be reused.

2. Manufacture new Bevel Gearset rated at 1.75 service factor.

3. Manufacture new bearing spacers as required.

4. Supply new bearings

5. Replace internal lube system piping as needed.

6. Replace internal oil pump.

7. Replace internal oil pump pinion.

8. Replace low speed shaft.

9. Replace input shaft.

10. Replace all seals.

11. Replace/add instrumentation as needed.

12. Inspect couplings for reuse and advise owner.

13. Blast and prime housing exterior.

14. Reassemble per OEM specifications.

15. No load at speed spin test.

16. Remount input and output coupling halves.

17. Finish epoxy coat exterior and make ready for shipment.

B. BASE SCOPE CLINs:

a. CLIN 1 BASE includes all work required in 2.1 and 2.1A above.

b. CLIN 2 BASE PLUS includes additional work requirements found after inspection that are required to repair speed reducer and are not already included in CLIN 1. Contractor shall provide a rate per hour that includes all costs (labor, materials, etc.) that will be used to negotiate applicable CLIN 2 costs.

2.2 OPTION 1

Scope of Work consists of building one new duplicate Western Gear Model 240PMR- 200(C) single reduction, right angle speed reducer. The new enclosed drive shall be of same model design and mechanical capacity as provided in BASE SCOPE, Western Gear Model 240PMR-200(A), for complete drop-in interchangeability. Option 1 scope includes all quality control testing, freight/shipping requirements, and providing applicable documents associated with equipment operation and maintenance.

A. OPTION 1 SCOPE CLIN:

a. CLIN 3 OPTION ONE includes all work required in 2.2 above.

2.3 OPTION 2

Scope of Work consists of inspecting, upgrading, and refurbishing one Western Gear Model 240PMR-200(B) single reduction, right angle speed reducer. OPTION 2 work scope is identical to that listed in 2.1 BASE SCOPE.

A. AVAILABILITY OF SPEED REDUCER (B): Option 2 work, to include shipping, cannot commence until either speed reducer (A) in Base Scope or speed reducer

(C) in Option 1 is completed and reinstalled at Clemson Pump Station.

B. OPTION 2 SCOPE CLINs:

a. CLIN 4 OPTION TWO includes all work required in 2.3 above.

b. CLIN 5 OPTION TWO PLUS includes additional work requirements found after inspection that are required to repair speed reducer and are not already included in CLIN 4. Contractor shall provide a rate per hour that includes all costs (labor, materials, etc.) that will be used to negotiate applicable CLIN 5 costs.

3.0 CONTRACTOR QUALITY CONTROL

A. The contractor shall maintain an effective quality control program to ensure acceptable productivity and quality levels. Contractor quality control will provide inspection of all items of work to ensure conformance to contract performance work statement, specifications, drawings, and referenced documents. Contractor quality control will provide routine updates and applicable reports to the government representative.

B. The gear manufacturer shall conduct a full speed run of each gearbox before shipment in order to check the operation, balance, lubrication system, backstop device and noise level. The customer reserves the right to witness these tests.

Ten (10) days’ notice of the tests shall be given to the Government representative.

C. OEM Support: Installation shall be observed by an OEM field services representative for alignment and startup for all three (3) drives. In addition, an OEM service technician shall provide maintenance instruction review for Government operators. An extended five (5) year warranty for the repaired gearboxes shall be included with the field services support. The new gearbox will have a five (5) year warranty. At least two weeks of notice should be provided by the contractor prior to startup.

4.0 PRODUCT SPECIFICATIONS

A. Definitions and standard practices shall be as defined and set forth by the following references. The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

‐ AMERICAN BEARING MANUFACTURERS ASSOCIATION (ABMA)

ABMA 11 (1990; R 1999) Load Ratings and Fatigue Life for Roller Bearings

‐ AMERICAN GEAR MANUFACTURERS ASSOCIATION (AGMA)

AGMA 6013 (2006) Standard for Industrial Enclosed Gear Drives AGMA 6025 (1998d; R 2004) Sound for Enclosed Helical, Herringbone and Spiral Bevel Gear Drives

‐ ASME INTERNATIONAL (ASME)

‐ INTERNATIONAL ORGANIZATION FOR STANDARDIZATION(ISO)

ISO 16889 (2008) Hydraulic Fluid Power - Multi-Pass Method for Evaluating Filtration Performance of a Filter Element

‐ NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION

(NEMA)

NEMA 250 (2008) Enclosures for Electrical Equipment (1000 Volts Maximum)

‐ NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 70 (2011) National Electrical Code

B. GEARS

Gears shall be carburized and ground for optimum tooth contact. Gear precision shall be AGMA Quality 12 or better and surface hardness shall be 58 Rockwell C or higher. Final surface finish or gear teeth shall be 16 RMS or better. Gearing shall have a 1.75 service factor based on maximum required horsepower of the pump.

C. BEARINGS

All bearings (except thrust bearing) shall be roller type similar to original design, oil lubricated, and designed for a B-10 life of 50,000 hours based on the loads imposed at rated HP. All bearings shall be pressure lubricated from the gear unit’s integral lubricating system.

D. COUPLINGS

The input coupling should be a torsional resilient type flexible coupling between the engine and the gearbox or a clutch type coupling. The output coupling should be a rigid coupling manufactured to accommodate the gearbox output shaft and the pump input shaft. INSPECT FOR REUSE AND ADVISE

CUSTOMER IF CHANGE ORDER FOR REPLACEMENT OR UPGRADE IS

RECOMMENDED.

E. FINISHES

The exterior of the gear drive shall have any grease, rust or scale cleaned from the surface and painted with a suitable anti-rust metal primer and two coats of the manufacturer's standard paint suited for a corrosive environment. All interior surfaces shall be thoroughly cleaned and coated in accordance with the manufacturer's standard procedure.

F. LUBRICANTS

Lubricating oil shall be mineral oil or synthetic hydrocarbon as recommended in AGMA 6013 for an ambient temperature range of 15 to 125 degrees F. Lubricant additives shall be used as recommended by the reducer manufacturer. Lubricant shall also be suitable for use with the backstop. Lubricant to be supplied by contractor.

5.0 SUBMITTALS AND DELIVERABLES

A. All submittals shall comply with requirements.

B. Submittal within 30 days of award to include: Confirmation of original OEM, outline dimension drawings and ISO certification.

C. Submittal After Contract Award. The Contractor shall submit for the

Government’s review, OEM engineer’s report on disassembly and inspection.

Address any changes to scope.

D. QTY 1 Bound Installation-Operation-Maintenance Manual for the common gear types shall be furnished containing complete information relating to installation, operation, lubrication adjustment, routine and special maintenance, repair, etc., including drawings, parts lists, handling weights, and performance data. In addition, one digital pdf version shall be submitted.

E. Drawings incorporated in the manual and/or parts lists may be reduced to page size provided they are clear and easily legible. Sheets may be folded into the manual to page size. Photographs and/or catalog cuts of key accessory components should be included for identification.

6.0 SHIPPING AND PROTECTION

A. Freight to ship each unit to the authorized OEM repair facility for repower to be supplied by the contractor. Freight to return each unit to the job site should be either included in the gearbox repair price or supplied by the contractor.

B. All openings and exposed shafts shall be sealed with plastic caps, plugs or films.

The gear drive and any accessories shall be mounted on a skid. The skid mounting or crating shall be done in a manner which will prevent damage to the gear drive and any accessories during loading unloading, storage and subsequent handling. Instrumentation should be removed, protected and boxed separately, identified as separate item for receiving on the packing list.

Weatherproof covers shall be provided to protect the gear reducer during shipment.

C. The Government will provide load handling equipment with operator to on/off load gearboxes at the work site (Clemson Pumping Station).

D. The units shall be shipped to and from Clemson Pumping Station address at 604 Lake Drive, Clemson, SC 29634.

7.0 SECURITY

A. Access and General Protection/Security Policy and Procedures: Al contractors and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation /facility access requirements to be accomplished by installation Provost marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9. Personal Identity Verification of Contractor Personnel) as directed by DPD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force protections Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

B. For contractors who do not require CAC, but require access to a DOD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

C. Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

8.0 COVID-19 MITIGATION

In order to gain admittance to the Clemson Pump Station site, all visitors shall follow all guidelines set forth by the CDC and local and state government regarding COVID-19.

During the COVID-19 National Emergency, as defined by the White House and as recommended by the Centers of Disease Control and Prevention at https://www.cdc.gov/coronavirus/2019-ncov/communication/guidance-list.html, all visitors will wear cloth face coverings when they cannot maintain six feet of social distance. Face coverings fashioned from household items or common materials to cover the nose and mouth area are acceptable. All visitors shall refrain from touching common equipment with bare hands. If any visitors have a temperature over 100.4 degrees, are experiencing any COVID-19 symptoms, or feel sick, they shall refrain from entering Clemson Pump Station site.

9.0 GOVERNMENT CONTACTS

Hartwell Dam & Power Plant Hartwell Project Office 6961 Anderson Hwy 5625 Anderson Hwy Hartwell, GA 30643 Hartwell, GA 30643 J. Ryan Hanna Aaron P. Wahus Hydropower Maintenance Supervisor Operations Project Manager 706-856-0363 706-856-0334 joseph.r.hanna@usace.army.mil aaron.p.wahus@usace.army.mil

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30 wks. ADC 1 SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

W912HN

0002 30 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 36 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0004 30 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0005 36 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

52.247-34 F.O.B. Destination NOV 1991

Section I - Contract Clauses

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE 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 prior to the expiration of the base period. 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)

52.252-2 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):

https://www.acquisition.gov/far

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract line, subline, or exhibit line item No. Item description

..............NONE

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract line, subline, or exhibit line item No. Item description

..........NONE

(If items are identified in the Schedule, insert ``See Schedule'' in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall--

(A) Determine whether to--

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD- 130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code--

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods--

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

52.212-5 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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)).

(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 (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (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).

__ (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).

__ (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).

__ (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 (Nov 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 (Nov 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)).

__ (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.

__ (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)).

__ (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 (Nov 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 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 (Mar2020) (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) (15U.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 (Jan2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 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 (Jul 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 (Jul 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 (Oct 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

__ (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 (Jun2014) 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).

X (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

X (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) 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 (Jun 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (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 (Oct2018) (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).

__ (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.]

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (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).

X (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).

X (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.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).

X…