II.S-4 Clauses Attachment- CIM.pdf

CLAUSES & PROVISIONS

Representations, Certification, & Other Statements

FAR Clauses Incorporated by Reference

Number

52.204-24

Title

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

DFARS Clauses Incorporated by Reference

Number

252.203-7005

252 .204-7017

252.225-7055

Title

Representation Relating to Compensation of Former DoD Officials.

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

Representation Regarding Business Operations with the Maduro Regime.

FAR Clauses Incorporated by Full Text

Effective

Date

Nov 2021

Effective

Date

Sep 2022

May 2021

May 2022

Alternate/

Deviation

Alternate/

Deviation

Variation

Effective Date

Variation

Effective Date

52.204-8 Annual Representations and Certifications. (DEVIATION 2025-00003 and 2025-00004)

(Oct 2025) Deviation 2025-00004 (Mar 2025)

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2025)(DEVIATION 2025-00003 AND 2025-00004)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is __________[insert NAICS code].

(2) The small business size standard is _________[insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-

(i) ls set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) ls an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph ( d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph ( d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) D Paragraph (d) applies.

(ii) D Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

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Defense Logistics Acquisition Directive (DLAD) Procurement Notes Effective October 1, 2025

Defense Logistics Acquisition Directive (DLAD) Procurement Notes Effective October 1, 2025

General Information.

This document provides the text and prescribing policy for Defense Logistics Acquisition Directive (DLAD) procurement notes referenced in DLA solicitations and awards. This document will be updated to reflect changes in law, regulation, and acquisition policies and procedures. Changes from the preceding revision will be indicated by yellow highlighting, with deletions are shown using strikethrough and additions shown using bold font style and brackets. The procurement note numbers are issued sequentially as they are issued. The first position of each procurement note identifies the applicable section of the Uniform Contract Format (UCF) (see FAR 15.204-1).

DLAD Procurement Notes

C02 Prescription: 11.9001(a) All solicitations and contracts shall include procurement note C02.

C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete Materials or Components (DEC 2016) The contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete materials or components. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, written authorization of the contracting officer.

In the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the contractor is required to notify the contracting officer and publish the discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible;

and to provide immediate advance notice of production phase-out to DLA DMSMS at dscc.dmsms@dla.mil.

C03 Prescription: 4.703(a) Contracting officers shall include procurement note C03 in solicitations and awards.

C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2023)

(1) By submitting a quotation or offer, the contractor is confirming it currently has, or will obtain before delivery, and shall retain supply chain traceability documentation, as described in paragraph (2) of this procurement note, demonstrating the item conforms to the technical requirements, and, for part numbered items, is from an approved manufacturer.

(2) Supply Chain Traceability Documentation

(i) Supply chain traceability documentation shall include basic item description; part number;

drawing or specification; national stock number; manufacturing source; manufacturing source’s Commercial and Government Entity (CAGE) code; and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to Government acceptance.

(ii) Supply chain traceability documentation shall also include, when available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.

For part numbered items, contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit Detection and Avoidance Program (CDAP) website (http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection- AvoidanceProgram/).

(iii) In addition, the contractor will obtain, retain, and provide to the contracting officer written documentation of all inspections and tests necessary to substantiate that the supplies furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. Such records shall include, without limitation, test reports, test data, material certification, and manufacturing process sheets, in addition to any other information identified in the technical specifications applicable to the item.

(3) The contractor shall make supply chain traceability documentation available to the contracting officer within three business days upon the contracting officer’s request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for ten years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

C08 Prescription: 17.9504(c) Solicitations and contracts must include procurement note C08 when a tailored logistics support contract relies on the contractor’s purchasing system to verify that the contractor competed the items or services or to justify that prices are fair and reasonable.

C08 Tailored Logistics Support Purchasing Reviews (FEB 2017)

(1) From the commencement of performance of this contract until 3 years after the final contract payment, the contractor must allow the contracting officer, ACO, Defense Contract Management Agency (DCMA), Defense Contract Audit Agency (DCAA), and any other duly authorized representative of the contracting officer access to all records and information pertaining to those items or services for which the Government is relying on the contractor’s purchasing system to determine that competition was obtained or to justify that prices are fair and reasonable. The contractor must maintain records subject to this clause for not less than 3 years after the contract final payment.

(2) The contracting officer may conduct reviews of purchased items or services provided under this contract regardless of dollar value that meet the criteria in paragraph (1) to ascertain whether the contractor has obtained the best value. The contractor must obtain competition to the maximum extent practicable for all purchases. Prior to purchasing any supplies or services, the contractor must solicit a competitive quotation from at least two independently-competing firms. For other than sole source items, the request for quotations must, to the maximum extent practical, solicit offers from different manufacturers or producers. If the contractor is unable to obtain quotes for competing items from two or more independently-competing firms, the contractor must retain documentation supporting its rationale for selection of the suppliers solicited and selected and its determination that the price was fair and reasonable. The contractor is responsible for maintaining this documentation for all sole source/non-competitive actions. The following price reasonableness and documentation requirements are applicable to all purchases, regardless of dollar value:

(i) A price is reasonable if it does not exceed a price incurred by a prudent person in the conduct of competitive business. The contracting officer will examine the prices with particular care in connection with buys that may not be subject to effective competition restraints. The contractor’s price will not be presumed to be reasonable. If an initial review of the facts results in a challenge of a specific price by the contracting officer or the contracting officer’s representative, the burden of proof must be upon the contractor to establish that the price is reasonable under the standards in FAR Subpart 15.4 and FAR 31.201-3.

(ii) The contractor must keep the documentation to a minimum, but must retain data supporting the purchases either by paper or electronically. At a minimum, price quotations and invoices must be retained. Should the contractor receive an oral price quotation, the contractor must document who the supplier or subcontractor is by complete name, address, telephone number, price, terms and other conditions quoted by each vendor. Price quotes for supplies must be broken down by individual items, shipping costs, and any other included expenses. Price quotes for incidental services which are not pre-priced in the contract must include labor hours and costs or prices, as applicable, including the total price of the job, individual pricing for the portions of the work if applicable, materials, and all other elements of cost, overhead, and profit. This price breakdown documentation must be made for each subcontractor performing work on this contract.

(3) When applicable, if the contractor is purchasing from subcontractors or other sources and receives a discount or rebates, the contractor must immediately pass these savings to the Government in the contract price and invoice for payment. The contractor is required to use diligence in the selection of the most economical method of delivery of the product or services by selecting a best value method of delivery based on the urgency and nature of the work or product required. When labor hours are involved in the work to be accomplished and the contractor has not already pre-priced the effort to use its own labor force, the contractor must provide the labor at rates required by the contract (for example, Service Contract Act or Davis-Bacon Act rates) or at rates based on competition if mandatory rates are not required by the contract.

(4) If the contracting officer determines that the purchased product or service is unreasonably priced, the contractor must refund to the Government the amount the contracting officer determines is in excess of a reasonable price. The contracting officer must notify the contractor in writing in accordance with FAR 32.604 Demand for Payment, giving the basis for the determination and the amount to be refunded. The contractor must make the refund payment in accordance with directions from the contracting officer, and must provide proof of the refund payment to the contracting officer. The contracting officer may collect the amount due using all available means in accordance with FAR Subpart 32.6. FAR 52.232-17, Interest, is applicable to payments not made within 30 days of the demand for payment. Any disputes arising under this provision must be handled in accordance with the “Disputes” clause of this contract.

C14 Prescription: 46.407(b)(S-92)

C14 Correction of Nonconforming Packaging or Marking (MAY 2020)

(1) The Government may correct nonconforming packaging or marking for receipts of DLA-owned materiel if the estimated costs of correction are $1,000 or less. The contracting officer will advise the contractor of the discrepancy and that the Government has corrected the packaging or marking. The contracting officer will make a determination concerning appropriate reimbursement by the contractor for the Government’s costs to correct the deficiencies. Upon determining that reimbursement is required, the contracting officer will send a notice to the contractor. Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies.

(2) If the estimated costs of correction for receipts of DLA-owned materiel are more than $1,000, the contracting officer will advise the contractor of the discrepancy and have the materiel returned to the contractor for correction/resubmittal; or, if there are urgent requirements, have the Government remediate the discrepancy at the contractor’s expense. If the Government remediates the discrepancy, the contracting officer will make a determination concerning appropriate reimbursement by the contractor for the Government’s costs to correct the deficiencies. Upon determining that reimbursement is required, the contracting officer will send a notice to the contractor. Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies.

C18 Prescription: 47.305-10-90(a) The contracting officer shall include procurement note C18 in solicitations and contracts including shipments to overseas customers including, shipments to Alaska, Hawaii, and Puerto Rico, and shipments routed through the Container Consolidation Points (CCPs) at San Joaquin, California (W62N2A) and New Cumberland, Pennsylvania (W25N14). The contracting officer shall use FAR 52.247- 52 when using procurement note C18.

C18 Shipping Instructions for Export and U.S. Territories (SEP 2024)

(1) Mail Instructions for shipments to container consolidation points (CCPs): Contact the Government Transportation Office for the Contract Administration Office: either DCMA for DCMA administered awards or DLA Distribution for awards administered by the issuing office. See Block 7 of Department of Defense (DD) form 1155 (page 1 of an order) to obtain shipping instructions for release to the carrier.

(2) Shipments to container consolidation points (CCPs): (a) Prepare shipments directed to a CCP shown with each individual CLIN on Schedule Continuation Sheet(s) in accordance with instructions provided within this contract for Preparation for Delivery.

(b) Contact the Transportation Officer for shipping instructions for the following CCP shipments: (i) Cargo requiring refrigeration/temperature control.

(ii) Classified or sensitive items requiring signature control.

(iii) When dimensions of an item or package exceed 456 inches (38 feet) long by 89 inches wide by 88 inches high, or weight exceeds 10,000 pounds. Cargo cannot exceed any one of the dimensions or the weight.

(iv) When volume or weight constitutes a full SEAVAN load for each activity code.

(v) Hazardous material such as material, which is flammable, corrosive, combustible, explosive, toxic, radioactive, unduly magnetic, or which contains oxidizing agents.

(vi) Type 1 shelf-life items,

(vii) TP1 and 2 (IPD 01-08) with RDD of 999, 777, or 555.

(3) The contractor shall furnish the above data no later than five (5) days prior to the scheduled shipment date for shipments weighing less than 10,000 pounds which will not be tendered as a carload or truckload

(4) The contractor may not ship prior to furnishing required data, regardless of weight.

(5) The contractor must clearly identify in invoices when shipment is made by air.

(6) The carrier must research the Transportation Facilities Guide (TFG) on the consignee to get information on who to contact to make delivery appointments. The carrier should schedule appointments as soon as they are given the load via the Carrier Appointment System (CAS)/prelodge desk prior to delivery of freight shipments (other than small parcels). Bills of Lading must be annotated with pertinent TFG data and carrier appointment times.

(7) The contractor will comply with the paragraph (6) and ship in accordance with instructions furnished by the Transportation office. The Transportation Officer will furnish the addresses of aerial terminals, as required. (Parcel post shipments will not be made to water or air terminals).

(8) Ship in accordance with instructions furnished by the Transportation office. The Transportation Officer will furnish the addresses of Aerial terminals, as required. (Parcel post shipments will not be made to water or air terminals).

C21 Prescription: 47.305-90(b)(1) 47.305-90(b)(1) Contracting officers at DLA Aviation, DLA Land and Maritime, and DLA Troop Support shall include procurement note C21 in solicitations and contracts if DCMA administers the contract and any of the following apply:

(i) Contracts where ultimate destination is outside the contiguous United States;

(ii) Hazardous material (HAZMAT) contracts;

(iii) Foreign Military Sales (FMS) contracts; or

(iv) Contracts requiring Transportation Protective Service. *****

C21 Shipping Instruction Request (SIR) (JUL 2024)

(1) The DCMA Shipping Instruction Request (SIR) is a web-based system that contractors and transportation specialists use to provide transportation management for contracts administered by

DCMA.

(2) The contractor shall use SIR for the following contracts:

(a) If the ultimate destination is outside the contiguous United States.

(b) Hazardous material (HAZMAT).

(c) Foreign Military Sales (FMS).

(d) If Transportation Protective Service requirements apply.

(3) Contractors shall submit information to DCMA via the DCMA Shipping Instruction Request (SIR) eTool (https://www.dcma.mil/WBT/sir/).

E07 Prescription: 46.402(S-91) Contracting officers shall include procurement note E07 in solicitations that require destination inspection.

E07 Evaluation Factor for Origin Inspection (JAN 2018) This solicitation contemplates an award based on destination inspection. If an offeror proposes inspection and acceptance at origin, the Government will add an evaluation factor of $2,500 to the offeror’s quoted/offered price for each origin inspection required. If phased deliveries are required or offered, the Government will consider each phase of delivery to result in one inspection for evaluation purposes.

G01 Prescription: (47.305-4-90) The contracting officer shall include Procurement Note G01 in solicitations and contracts that require f.o.b. destination and inspection/acceptance at destination.

G01 Additional Wide Area Workflow (WAWF) Information (AUG 2017) Contractors shall include the Transportation Control Number (TCN) and carrier shipment tracking information when submitting the DD250/iRAPT Receiving Report in Wide Area Workflow (WAWF) in order to assist with material inspection and acceptance.

H10 Prescription: Exception to the Requirement for (DCAA) DLA Controlling Authority Approval (MAY 2024).

The contracting officer can use procurement note H10 in the award when requested by the offeror and the OEM or OCM already possesses the technical drawing data. The offeror must confirm in writing they can provide a part matching the revision specified in the solicitation. The offeror must meet the conditions at DLAD 25.7902-4(S-91)(3)(A, B, or C). See the procedures DLAD PGI 25.7902-4(S-90)(1) or (2).

H10 Exception to the Requirement for (DCAA) DLA Controlling Authority Approval

(MAY 2024).

The OEM or OCM asserts within its offer or otherwise confirms in writing to the contracting officer prior to award that it does not require access to DLA export-controlled technical data or information, and it will provide items that conform to the current revision of the applicable technical data.

If the offeror is a dealer or a distributor offering an item produced by an OCM, an OEM or OEM or OCM authorized manufacturer to complete performance, the offeror must,

(A) Have DLA controlling authority approval; and

(B) Provide documentation from the OEM or the OEM authorized manufacturer writing to the contracting officer prior to award that the OCM, OEM or the OEM authorized manufacturer it does not require access to export-controlled technical data or information and that it is offering items that conform to the current revision of applicable technical data; or

(C) Surplus offerors must have DCAA and meet the requirements of procurement note C04, Unused Former Government Surplus Property (see 11.390(a)). The Contracting Officer must contact the product specialist to validate the item meets all current revision requirements for procurement note C04.

H15, Prescription: 32.908-94 Used in solicitations and awards for supplies when applicable in accordance with 32.905(c)(S-90)(1)(i) and when either the clause at 52.232-25, Prompt Payment, or the clause at 52.212-4, Contract Terms and Conditions – Commercial Items, is used.

H15 Transporter proof of delivery (TPD) (JAN 2021)

(a) Definition. As used in this procurement note, transporter proof of delivery (TPD) means a commercial document that is generated by the Contractor and/or the Contractor’s transporter of supplies and that is signed by the Government customer in order to document delivery of supplies under this contract/order. Examples of TPD are United Parcel Service (UPS) or Federal Express (FEDEX) delivery tracking reports. TPD documentation must include a customer signature, or visibility of the name of the customer who signed.

(b) When this procurement note is included in the contract or order, the Government may use TPD, in combination with adequate Contractor documentation cross-referencing the TPD to the specific supplies provided, as a basis for accepting the supplies. TPD with adequate supporting documentation satisfies the receipt report requirement and, coupled with acceptance, allows the Government to initiate the payment process, if all other applicable payment conditions are satisfied.

(c) To facilitate the payment process, the Government will initiate a request for the Contractor to provide TPD when the customer has not provided receipt acknowledgement to the buying activity. If TPD is requested and the Contractor agrees to provide it, the documentation must include the customer signature, or visibility of the name of the customer who signed, and as much of the following information as possible:

(1) Contract number or order number;

(2) Contract line item number (CLIN);

(3) Unit price;

(4) Quantity of items;

(5) Extended price;

(6) National stock number (NSN);

(7) Delivery date;

(8) Recipient organization's name and address;

(9) Receiving activity Department of Defense activity address code (DoDAAC);

(10) Requisition document number (and suffix, when applicable);

(11) Shipment number;

(12) Invoice number; and

(13) Location where the carrier made delivery (activity name, building number, city, state). (d) Process for submitting TPD documentation.

(1) Enter wide area workflow (WAWF) using the ``history folder,'' enter the appropriate contract data, and recall the receiving report (RR);

(2) Click on “attachment.” Browse and upload the TPD and any additional Contractor documentation required to provide the information identified in paragraph (c) of this procurement note. (Attachments created in any Microsoft Office product or in PDF format are acceptable.); and

(3) Click on “submit.”

(e) Responsibility for supplies.

(1) Title to the supplies passes to the Government after delivery to the point of first receipt by the Government and subsequent acceptance.

(2) Notwithstanding any other provision of the contract, order, or blanket purchase agreement, the Contractor shall:

(i)Assume all responsibility and risk of loss for supplies not received at destination, damaged in transit, or not conforming to purchase requirements; and

(ii) Replace, repair, or correct those supplies promptly at the Contractor’s expense, if instructed to do so by the Contracting Officer within 180 days from the date title to the supplies vests in the Government.

L04 Prescription: 11.391(b) Solicitations shall include procurement notes L04 and M06 when items are identified in the item description only by the name of an approved source (CAGE code), a part number, and a brief description.

L04 Offers for Part Numbered Items (SEP 2016)

(a) For part numbered items, identified in the item description only by the name of an approved source (CAGE code), a part number, and a brief description.

Exact product – applies to contract line-item(s) (CLIN(s)):

CAGE code part number

Alternate product – applies to CLIN(s): CAGE code part number Superseding part number – applies to CLIN(s):

CAGE code part number Identify reason for superseding part number:

Administrative P/N change only: Yes No Minor change/No change in configuration: Yes No Previously-approved product – applies to CLIN(s):

Contract or Solicitation Number:

CAGE code part number Correction to CAGE/Part Number – applies to CLIN(s) CAGE code in error/same corporation, different division Yes No

CAGE code in error/sold to different corporation Yes No Part number not recognized Yes No Obsolete part number Yes No Other Yes No

(b) Exact product means a product described by the name of an approved source and its corresponding part number cited in the item description; and manufactured by, or under the direction of, that approved source. An offeror of an exact product must meet one of the descriptions below.

(1) An approved source offering its part number cited in the item description;

(2) A dealer/distributor offering the product of an approved source and part number cited in the item description;

(3) A manufacturer who produces the offered item under the direction of an approved source; and has authorization from that approved source to manufacture the item, identify it as that approved source’s name and part number, and sell the item directly to the Government.

(4) A dealer/distributor offering the product of a manufacturer that meets the description in subparagraph

(1) above.

(c) Alternate product.

(1) The offeror must indicate that an alternate product is being offered if the offeror is any one of the following:

(i) An offeror who manufactures the item for an approved source cited in the item description, but does not have authorization from the approved source to identify it as the approved source part number, and sell the item directly to the Government;

(ii) A dealer/distributor offering the product of a manufacturer that meets the description in (i) above;

(iii) An offeror of a reverse-engineered product that is not cited in the item description; or (iv) An offeror whose product does not meet the criteria of exact product, superseding product or previously approved product.

(2) An offer of an alternate product is an alternate offer.

(d) The offeror must indicate that a superseding part number is being offered if the offered item otherwise qualifies as an exact product, except that the part number cited in the item description has been superseded due to an administrative part number change with no change in configuration of the item. (e) The offeror must indicate that a previously-approved product is being offered if the product offered has previously been delivered to the Government or otherwise previously evaluated and approved. (f) Correction to CAGE/Part Number Cited in the Item Description Submitted by offeror to notify the Government if there is a CAGE code error: same corporation/different division; sold to different corporation; part number not recognized; obsolete part number; other.

(g) Traceability documentation.

(1) The contracting officer may request evidence of the technical acceptability of the product offered.

The evidence must be submitted within 2 days, or as otherwise specified, or the offer will not be considered.

(2) For offers of exact product, offerors other than the approved manufacturing source must retain evidence and provide the traceability evidence of the identity of the item and its manufacturing source when requested by the contracting officer.

(i) If offered item(s) are not in stock or not yet manufactured a copy of an original quotation from the approved source to the offeror identifying exact item cited in item description and a quantity sufficient to satisfy the solicitation requirement.

(ii) If offered item(s) are shipped or in stock, a copy of invoice on approved source's letterhead; or a copy of packing slip which accompanied shipment from approved source to offeror. The invoices and packing slips must identify exact item cited in item description and a quantity sufficient to satisfy the solicitation requirement.

(iii) If the offeror is an authorized dealer/distributor, or manufactures the item for an approved source, a copy of the contractual agreement with, or the express written authority of, the approved source to buy, stock, repackage, sell, or distribute the part. The agreement must specifically identify the exact item, or otherwise ensure that the offeror is authorized by the approved source to manufacture or distribute the exact item being acquired. If the agreement covers a general product line or is otherwise not product specific, the offeror must furnish additional documentation to address the exact item being acquired.

(iv) Other verifiable information.

(3) For superseding part number, the offeror may be requested to furnish evidence to establish that there are no changes in the configuration of the part.

(4) For previously approved products, upon request of the contracting officer, the offeror must furnish the contract, solicitation, source approval request (SAR) package, or letter of approval under which the product was previously furnished or approved.

(h) Alternate offer data.

(1) The contracting officer may request drawings, specifications, or other data necessary to clearly describe the characteristics and features of an alternate offer. Data submitted shall cover design, materials, performance, function, interchangeability, inspection or testing criteria, and other characteristics of the offered product. The contracting officer may also request drawings and other data covering the design, materials, etc., of the exact product cited in the item description if the Agency does not possess data sufficient to evaluate the alternate product. The data must be submitted within 10 days, or as otherwise specified, or the offer will not be considered.

(2) If the alternate product is a reverse-engineered product, the offeror shall provide: technical documentation to establish that the offered item represents the exact item specified in the item description (i.e., invoice from an approved source or submission of samples having markings of an approved source); number of samples that were examined; the process/logic used; raw data

(measurements, lab reports, test results) used to prepare drawings or specifications for the offered item;

any additional evidence that indicates the reverse-engineered item will function properly in the end item;

and any evidence that life cycle/reliability considerations have been analyzed.

(j) Evaluation of Alternate Offers.

If the solicitation does not provide for evaluation of alternate offers for the current procurement, the offeror may submit a request for evaluation of the alternate product’s technical acceptability for future procurements of the same item. The request for evaluation shall cite the national stock number (NSN) of the exact product and include the applicable level of technical data. The level of technical data that the Government has available for use to evaluate the acceptability of an alternate product offered, and the corresponding level of technical data that must be furnished with an offer of alternate product, will be identified in the item description and/or via correspondence with the appropriate location below.

(1) For solicitation numbers beginning with SPE7: DLA Land and Maritime

Directorate of Procurement Alternate Offer Monitor, BPP Post Office (P.O.) Box 3990 Columbus, Ohio 43218-3990

(2) For solicitation numbers beginning with SPE4:

DLA Aviation Office of the Competition Advocate Attention: BPC 8000 Jefferson Davis Highway Richmond, Virginia 23297-5100

(3) For solicitation numbers beginning with SPE1, SPE2, SPE3, SPE5, or SPE8:

DLA Troop Support Attention: (see note below)

700 Robbins Avenue Philadelphia, Pennsylvania 19111-5096

Note: The address (attention line) will change based on the 4th digit of the PIIN as follows:

SPE1 = Clothing and Textile (C&T) SPE2 = Medical SPE3 = Subsistence SPE5 = Industrial Hardware (formerly Aviation or L&M detachments) SPE8 = Construction and Equipment (C&E)

(4) For solicitation numbers beginning with SPRRA1 and SPRRA2:

Defense Logistics Agency – DLA Aviation Office of the Competition Advocate Building 5201 Redstone Arsenal, Alabama 35898

(5) For solicitation numbers beginning with SPRPA1:

DLA Philadelphia Competition Advocate Office

700 Robbins Avenue Building 1 Philadelphia, Pennsylvania 19111-5098

(6) For Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) - DLA Land and Maritime solicitations beginning with SPRDL1:

Defense Logistics Agency DLR Procurement Operations - ZG 6501 East Eleven Mile Road Warren, Michigan 48397-5000

(7) For Communications-Electronics Command (CECOM) DLR-DLA Land and Maritime solicitations beginning with SPRBL1:

Defense Logistics Agency DLR Procurement Operations - ZL 6001 Combat Dr., Rm. C1-301

Aberdeen Proving Ground, MD 21005-1846

L06 Prescription: 33.103(d)(4) Solicitations must include procurement note L06 or language substantially as follows:

L06 Agency Protests (DEC 2016)

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

L08 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations (JUN 2024)

(1) The Government will use the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) (formerly Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)) and may use other performance history to evaluate suppliers past performance.

(2) SPRS collects quality and delivery data on previously awarded contracts and orders from existing

Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies the Government is purchasing.

(3) The contracting officer will use the quality and delivery classifications identified for a supplier in SPRS to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested). The Government will use this past performance information in accordance with the basis for award stated in the solicitation.

(4) SPRS generates classifications daily for each contractor. The SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf) and the SPRS Government User Guide (https://www.sprs.csd.disa.mil/pdf/SPRS_Government.pdf) provide instructions for accessing SPRS classifications. Contractors have access to SPRS for their own classifications only.

Suppliers are encouraged to review their own classifications; the SPRS reporting procedures and classification methodology detailed in the SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf); and the SPRS Evaluation Criteria (https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf). The SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf) provides the method to challenge a rating generated by SPRS.

(1) L31 Prescription: 11.9001 Contracting officers shall insert procurement note L31 in all solicitations and contracts for parts and supplies, except for DCSO, DLA Energy, DLA Troop Support

– Subsistence, and DLA Troop Support – C&T.

L31 Additive Manufacturing (JUN 2018)

(1) Additive manufacturing (AM) is a process of joining materials to make objects from three-dimensional (3D) model data, usually layer upon layer, as opposed to subtractive manufacturing methodologies, which remove material from areas where it is not desired, or other traditional manufacturing technologies, such as molding or stamping.

(2) Unless AM is specifically authorized in the solicitation/contract, quotes/offers may not include parts or supplies made using the additive manufacturing process. The Government will not evaluate offers that include an item or items produced using AM, and such offers are not eligible for award for the current procurement. A quoter/offeror proposing to supply an AM- produced item may submit a request to the contracting officer for approval of the item for evaluation by the Engineering Support Activity (ESA) for acceptability for future procurements of the same items.

(3) If an item produced using AM is presented to the Government for inspection and acceptance that was not authorized in the solicitation/contract, the Government may reject the item as nonconforming.

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 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.)

(xviii) 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)

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

MERCURY EXCLUSION CLAUSE FOR MERCURY FREE PROCUREMENT ( LC-2, JAN 2013)

1. Mercury or mercury compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract. Supplier shall certify that all items furnished under this contract are free of mercury or mercury compounds.

TRACEABLE OBJECTIVE QUALITY EVIDENCE (OQE) (CIM 2024)

(a) OQE shows actual test results for chemical and mechanical properties in conformance to the material specification required.

(b) The material specification along with revision and amendment must be cited on the OQE.

(c) A Certificate of Compliance (COC), which is a signed document attesting the items delivered on the contract are in full compliance with all contract requirements, must be provided.

(d) Traceability must be provided via a unique heat, lot number and code permanently marked on the material per MIL-STD-792 and shown on the OQE certification document.

(e) Where the applicable product specification does not require permanent heat or lot markings, the material must be tagged or received in a package, envelope, bag or box that is annotated with the heat, lot number and code that is traceable to the OQE certification document. NAVSIPYD&IMFPEARLINST

4855.17 CH-1 DAT AUG 12, 2024

ADDITIONAL CIM REQUIREMENTS (CIM 2012-1)

1. All certifications are required to be delivered with the material. Payment on material for which certifications are not received will be withheld.

2. Material markings shall comply with the requirements and limitations set forth in MIL-STD-792 (latest).

3. All nickel-copper-aluminum alloy (K-500) raw stock, and K-500 raw stock used in the manufacture of finished products, shall be procured to QQ-N-286 Revision G with slow strain rate tests done by the following approved laboratories:

a. Huntington Alloys, a Special Metals Company

3200 Riverside Drive

Huntington, WV 25705

b. Metallurgical Consultants, Inc.

4820 Caroline

PO Box 88046

Houston, TX 77288-0046

c. Naval Surface Warfare Center, Caderock Division

Code 614

9500 Macarthur Blvd

West Bethesda, MD 20817-5700

d. Teledyne Allvac

2020 Ashcraft Ave.

Monroe, NC 28110

e. Mannesmann Rohrenwerke

Mannesmann Forschungsinstitut (MFI)

Postfach 251160

47251 Duisburg

Germany

f. Westmoreland Mechanical Testing and Research Inc.

P.O. Box 388 Youngstown, PA 15696-0388

g. ThyssenKrupp VDM USA, Inc.

11210 Steeplecrest Drive, Suite 120 Houston, TX 77065-4939

4. Vendor acknowledgement of K-Monel heat review.

a. Recent investigations into mechanical property failures of fasteners manufactured from NiCuAl(K- Monel) material that was produced by Special Metals Corporation (formerly INCO Alloys) of Huntington, West Virginia have found eighty (80) heats of material which may not meet the mechanical property requirements of QQ-N-286 throughout the heat. In 1994, Special Metals Corporation implemented a process change that eliminated the addition of extra aluminum at the toe of each NiCuAl(K-Monel) ingot resulting in the toe portion of the heat being non-homogeneous in comparison to the rest of the heat.

Due to cropping practices at Special Metals Corporation, material from the toe of the ingot with non-homogeneous aluminum content was not cropped from production material prior to shipment. A recent study has shown that the aluminum concentration in the toe portion of the ingot could be as low as approximately 2.0% with a corresponding yield strength as low as approximately 40,000 PSI. QQ-N- 286 specifies an aluminum content of 2.3% minimum and a yield strength of 90,000 PSI minimum or 85,000 PSI minimum for material 1". As a result of the investigation, the eighty (80) heats listed in Table I are considered suspect of having problems with insufficient aluminum content and an inability to consistently attain the required minimum yield strength.

b. You are requested to review your records of in stock and in process K-Monel material from the Special Metals Corporation for the suspect heat numbers listed in Table I below. You are prohibited from providing raw stock or finished products made from the suspect K-Monel heats. If suspect heats are intended to be used, contact the PHNS & IMF contracting officer for adjudication of the material. Table I

- List of Suspect Special Metals Corporation K-Monel Heat Numbers

M00J6KG M00J7KG M01J1KG M02J8KG

M02J9KG M03J8KG M04J2KG M04J6KG

M04J7KG M06J5KG M06J8KG M11J2KG

M11J3KG M11J4KG M11J5KG M15J6KG

M17J2KG M17J3KG M17J4KG M18J7KG

M19J7KG M21J2KG M22J7KG M22J8KG

M23J2KG M24J5KG M26J8KG M26J9KG

M27J9KG M28J4KG M30J9KG M31J9KG

M33J7KG M34H4KG M35H0KG M35J0KG

M35J7KG M35H8KG M36H7KG M36J2KG

M36J3KG M37J4KG M39J3KG M41J1KG

M41J2KG M41H3KG M41J3KG M41J7KG

M41J8KG M44J4KG M44J6KG M45J2KG

M45J8KG M45J9KG M46J7KG M52H9KG

M61J8KG M61J9KG M62J5KG M64J4KG

M64J5KG M64J6KG M67H2KG M67J4KG

M69J1KG M70J6KG M73J4KG M76H6KG

M80H2KG M80H3KG M84H9KG M85H0KG

M88H6KG M88H7KG M89H5KG M89H6KG

M92H0KG M95H7KG M97H8KG M99H3KG

CERTIFICATIONS REQUIRED WITH DELIVERY OF MATERIAL (CIM 2012-1)

All certifications are required to be delivered with the material. Payment on material for which certifications are not received will be withheld.

EUROPEAN UNION RESTRICTIONS REGARDING NONMANUFACTURED WOOD PACKAGING AND

PALLETS

All European shipments with wood pallets and wood containers produced of nonmanufactured wood shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) material and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC) in accordance with Nonmanufactured Wood Packing Policy and Nonmanufactured Wood Packing Enforcement Regulations dated May 30, 2001.

Reference:

http://www.aphis.usda.gov/ppq/swp/eunmwp.html for information and material sources

Award of the contract resulting from this solicitation will be made to the responsible offeror whose proposal is technically acceptable, in full compliance to all other requirements set forth in the solicitation, and the lowest cost or price. The Government reserves the right to judge which proposals show the required capability. The Government also reserves the right to eliminate from further consideration those proposals

REVIEW OF AGENCY PROTESTS

(a) The contracting activity, will process agency protests in accordance with the requirements set forth in…