Draft PWS.docx

PERFORMANCE WORK STATEMENT

1. SCOPE OF WORK: This requirement is to acquire brand name commercial items intended for resale as required by Navy Exchange Service Command (NEXCOM) Ships Store Program. The NEXCOM Ships Store Program is designed to provide the stores on Navy ships with the quality of life products for sailors at sea. Under the Ships Store Program, brand name commercial items are purchased by NEXCOM and placed in the Ships Store inventory for resale to the crew. The Government requires a contractor to furnish all supplies, parts, and equipment needed to acquire and ship the items. The items must be supplied to the following zones:

Zone Areas

1.1. SHIPPING: Items are to be shipped to address(es) per each individual delivery order. All transportation charges for the articles to be furnished shall be paid by the contractor. Offers submitted on a basis other than F.O.B.

destination will berejected as nonresponsive.

1.2. BRAND NAME SPECIFIED MANDATORY: Parts or components described herein by reference to a manufacturer’s name and/or part number and nomenclature shall be furnished in strict accordance with the manufacturer’s published data relating to said supplies except to the extent otherwise specified in this contract.

Complete interchangeability of parts with original equipment is mandatory. The contractor warrants that the items/parts to be delivered hereunder will be the specific manufacturer’s name and/or part number(s) and the supplier specified.

1.3. Items within the catalog proposed and incorporated at the time of award are determined to be the scope of the contract. Catalog shall be updated and/or refreshed quarterly. Items in addition to those proposed in the contractor’s original catalog incorporated at the time of award may be added for sale provided that they are within the scope defined in the PWS. Any new items, with the exception of updated versions or models of existing items, must be reviewed by the Contracting Officer prior to being added to the contractor’s catalog. Any changes will be incorporated in accordance with the Changes clause of the contract. Only items found in the contractor’s incorporated catalog shall be offered for resale; sales of non-cataloged items are unauthorized.

1.4. The commercial price list/catalog incorporated into the contract provides the brand name, type and size of packaging, shall remain firm for the full ordering period of this contract. No product changes or substitutions will be permitted unless completed in accordance with PWS Section 1.3.

1.4.1. If, subsequent to award, Non-conforming products are shipped in disregard of this requirement, they will be returned at the Contractor's expense, except that if a product is urgently required or return is not practical, the Government may, solely at its discretion, elect to accept non-conforming products. Payment for any non-conforming products accepted shall not exceed the unit prices as stated in this contract, and acceptance thereof shall not constitute a waiver of the requirement to supply contract specified products.

1.4.2. If, subsequent to award, the Contractor intends to discontinue commercial production of a product required under this contract, the Contractor will be expected to stock a sufficient inventory of the product to meet all contract requirements, including the estimated quantities stated in this section. Nothing in this paragraph is intended to restrict the Government's rights under FAR clause 52.212-4(a), Contracts Terms and Conditions--Commercial Items.

2. PRICING: This contract requires the contractor to supply items as specified in orders placed in accordance with the ordering provisions within this contract. The established fixed unit prices incorporated at the time of award shall be the basis for the future pricing. The term “established prices” means prices that are established manufacturer’s price list/catalog or market prices for commercial items sold in substantial quantities to the general public.

2.1. In order to ensure the NEXCOM Ships Store Program can meet customer demand for new items, in their submissions the Contractor may include a valid manufacturer’s price list/catalog and the “catalog” information requested above for items not listed in the Contractor’s current catalog pricing sheets incorporated by reference in this contract.

2.2. When a product’s unit price is increased or decreased, price changes to the contractor’s catalog will be addressed in accordance with FAR clause 52.216-2, Economic Price Adjustment—Standard Supplies and Section

2.4. The Contracting Officer’s Representative (COR) will determine if each item is appropriate for resale by the Ships Store Program under this contract and if the offered price is less than or equal to the item price shown in a valid manufacturer’s price list/catalog. If the price meets these criteria, the Contracting Officer will add each item and its associated unit prices to Contractor’s catalog pricing sheets incorporated via contract modification.

2.3. The Contractor shall submit a Microsoft Office compatible (Excel) electronic “catalog” that includes data in the same format as their initial catalog pricing sheets incorporated by reference in the basic contract for proposed changes in unit prices no more than once a month. Any proposed price changes or product additions shall be highlighted in yellow to clearly identify the proposed changes and additions. Product deletions shall be highlighted in red to clearly identify anticipated products for removal.

2.4 A product's unit price in effect on the contract award date shall be the "original contract unit price" for that product. Notwithstanding anything to the contrary herein, the aggregate of the increases in a product's unit price shall not exceed 10% of that product's original contract unit price. A product's unit price in effect as of the date of the exercise of any option under this contract shall remain in effect during the duration of that option period, unless changed in accordance with Sections 2.2-2.4 of this PWS.

2.5 The Contractor shall provide the basis for the price increase or decrease in its written notification. The Contractor shall provide all documentation supporting the price change for each item, including, but not limited to, updated versions of the incorporated catalogs showing each items new price.

2.6 QUARTERLY REPORTS: Quarterly Usage Reports (Attachment II) must be provided no later than 30 days after the end of each quarter. The due will be established at time of award.

3. PROHIBITED PACKING MATERIALS: The use of asbestos or excelsior is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material.

Loose fill polystyrene is prohibited for shipboard use.

4. MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS)

(i) Marking shall be in accordance with ASTM-D-3951 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required.

(ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows:

1. National stock number (NSN), when available, or Federal stock number (FSN), when NSN is not available, or part number when neither NSN or FSN are available.

2. Noun nomenclature cited on contract or order.

3. Quantity and unit of issue.

4. Contract, or order number.

5. From: TBD

6. To: (TBD)

(iii) Markings may be applied by any means which provide legibility.

(iv) Additional markings required are stated below.