FASSMER_COMBINED_SYNOPSIS_SOLICITATION.pdf
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- Fassmer Annual Service Contract Federal contract opportunity
- Solicitation number
- N3220520Q6023
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MILITARY SEALIFT COMMAND
N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE
COMBINED SYNOPSIS/SOLICITATION TEMPLATE
Military Sealift Command Combined Synopsis and Solicitation Notice
Information
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
2. Solicitation number is N32205Q6023 and is being issued as a Request for Quotes (RFQ).
3. The solicitation document and incorporated provisions and clauses are those in effect through:
a. Federal Acquisition Circular (FAC) 2019-06, effective 10 Sept 2019 located on https://www.acquisition.gov/?q=browsefar
b. DFARS Publication Notice 20191001, effective 1 October, 2019 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/
4. The associated NAICS code is 811310 and the associated PSC code is 2090 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.
is not being set-aside for small businesses.
is being set-aside for N/a. The small business size standard is N/a.
5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:
This is a Sole source requirement, Fassmer Service America requirement specified equipment technical manual or component drawing for the specific piece of equipment
Note: Wage Determination 15-4341 (REV-12) https://www.acquisition.gov/?q=browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/
6. Statement of Work (SOW).
1.0 ABSTRACT:
1.1 This item describes the requirements to perform the required inspections, adjustments, and servicing of the FASSMER Lifeboats, Fast Rescue Boats, Duplex Release Gears, winches, and Accommodation Ladders found aboard the T-AKE Class ships listed in Para 5.1.
2.0 REFERENCES:
2.1 IMO MSC.1/Circ. 1331 dtd 11 June 2009, Guidelines for construction, Installation, Maintenance and Inspection/Survey of Means of Embarkation and Disembarkation.
2.2 TS800-AE-MMC-010 Life Boat With Winch And Davit Installation, Operation And Maintenance Manual
2.3 T9583-A8-MMC-010 Boat, Rescue with Davit and Winches, Operation And Maintenance Manual
3.0 ITEM LOCATION/QUANTITY/DESCRIPTION:
3.1 Location/Quantity:
3.1.1 Location: Various.
3.1.2 Quantity:
3.1.2.1 Two (2) each accommodation ladders
3.1.2.2 Four (4) Lifeboats, Motor Propelled
3.1.2.3 Four (4) Lifeboat Davits
3.1.2.4 Eight (8) Lifeboat Release Hooks
3.1.2.5 Two (2) Rescue Boats
3.1.2.6 Two (2) Rescue Boat Davits
3.1.2.7 Two (2) Rescue Boat Release Hooks
3.2 Item Description/Manufacturer's Data:
3.2.1 Accommodation Ladder:
3.2.1.1 Fassmer – Dwg 12.1544-203.00.00C
Accommodation Ladder 13.16 X 0.75M with Auto Turning Over Device
3.2.1.2 Accommodation Ladder is Aluminum.
3.2.2 Lifeboat:
3.2.2.1 Fassmer totally enclosed motor lifeboats, 99
person capacity, Model CL-C 11.5, Length: 11.5M, Fiberglass Reinforced Plastic Hull, Sabb Diesel Engine - Type L3.139 LB, 29 bhp @ 3000 RPM
3.2.3 Lifeboat Davit:
3.2.3.1 Marine Equipment Inc, Gravity Pivot Lifeboat
Davit Model GPD 101 and Lifeboat Winch Model W26
3.2.4 Lifeboat Release Hooks:
3.2.4.1 Duplex-E
3.2.5 Rescue Boats:
3.2.5.1 Fassmer Fast Rigid Rescue boat, Series (F) RR7.0
ID-SF.
3.2.6 Rescue Boats Davit:
3.2.6.1 Global Davit GmbH, System Rhs.37/4.5
3.2.7 Rescue Boats Release Hooks:
3.2.7.1 Fassmer Release Hooks Type Duplex E
3.3 Description:
3.3.1 Use Reference 2.1.1 for guidance.
3.4 Bill of Material (Contractor Furnished):
Item Description Qty
P/N: 0013879 Hydraulic accumulator charging tool- Universal 2 ea
P/N: 0004026 Adaptor for gas fitting 2 ea
4.0 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICES: None.
5.0 NOTES:
5.1 All work listed under the Statement of Work shall be
completed on EACH of the following T-AKE Class vessels during the listed Period of Performance except where otherwise noted:
T-AKE CLASS VESSEL
EXPECTED
PERFORMANCE
LOCATION
PLANNED
PERIOD OF
PERFORMANCE
USNS LEWIS AND CLARK (T-AKE 1) 6/8/20-6/29/20 Diego Garcia
USNS ALAN SHEPARD (T-AKE 3) 5/26/20-6/15/20 Japan
USNS RICHARD BYRD (T-AKE 4) 12/20/19-1/18/20 Schiracha, Thailand
USNS ROBERT E PEARY (T-AKE 5) 7/13/20-8/17/20 Norfolk, VA
USNS CARL BRASHEAR (T-AKE 7) 4/14/20-5/13/20 West Coast
USNS WALLY SCHIRRA (T-AKE 8) 6/15/20-7/5/20 UAE
USNS WASHINGTON CHAMBERS (T-AKE 11) 2/10/20-3/10/20 AOR, BAHRAIN
USNS MEDGAR EVERS (T-AKE 13) 3/12/20-3/31/20 Norfolk, VA
USNS CESAR CHAVEZ (T-AKE 14) 1/11/20-1/24/20 Schiracha, Thailand
5.2 Performance Location and Period of Performance dates
provided are best known locations and dates at time of submission of these requirements and are subject to change. A Condition Report shall be submitted to the Port Engineer and Contracting Officer requesting modification of the contract due to travel costs.
5.3 Provide an access list of all personnel boarding the
ship. The list shall include the following:
• Persons full name
• SSN, or passport #, or naturalization #
• Place of birth
• Date of birth
5.4 The Contractor shall be responsible for proper and
timely submital of all access requirements to include, but not limited to, EPIC and base/port access.
5.5 The following is mandatory training required to be
completed NO LATER THAN 3 (three) weeks prior to travel to Diego Garcia:
5.5.1 Complete ISOPREP via the DD Form 1833 or online.
This information stays in contractors hands. DO NOT FORWARD to Military Sealift Command. NOTE: DO NOT FILL IN RED SECTION of DD Form 1833
5.5.2 Complete Antiterrorism Level I Training (must be
completed within 12 months of travel) https://atlevel1.dtic.mil/at training is valid for 1 year. Time of training is approximately 1 hour, so print certificate and record completion date upon completion of training. This certificate can't be reprinted if lost.
5.5.3 Survival, Evasion Resistance, and Escape (SERE)
Course 100.1 (must be completed within 12 months of travel) https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam training is valid for 3 years. Time of training is approximately 3 hours, so print certificate and record completion date upon completion of training. This certificate can't be reprinted if lost.
5.5.4 Provide the following information to Luis Cruz at
luis.s.cruz@navy.mil , PPE will complete the Travel Tracker/Individual Anti-Terrorism Plan:
5.5.4.1 Last Name, Full Name, and full Middle
Name
5.5.4.2 Phone Number
5.5.4.3 Email Address
5.5.4.4 Job Title
5.5.4.5 Security Clearance
5.5.4.6 Country of Citizenship
5.5.4.7 Supervisor’s Name, Work Address, Email
address, and Phone Number
5.5.5 Provide the Port Engineer the following
information, so he may complete the Aircraft and Personnel
Automated Clearance System (APACS) for Island Clearance and schedule the AMC Flight from either Singapore or Bahrain.
5.5.5.1 Provide date ISOPREP DD Form 1833 was
completed/reviewed.
5.5.5.2 Provide date of Antiterrorism Level I
training
5.5.5.3 Provide date of SERE training
5.5.5.4 Supervisors job title
5.5.6 The Contractor shall include the cost of the AMC
flight in their proposal. Costs are ONE-WAY: $791 to/from Singapore and $975 to/from Bahrain.
5.6 Principal Port Engineer contact information:
Current Port Engineer contacts are:
T-AKE 1: LUIS CRUZ; 757-443-0876/757-390-6919
T-AKE 3: EDDIE OLEYKOWSKI; 757-443-0928/757-803-4528
T-AKE 4: WILLIE LOMBOS; 757-443-0984/757-943-7949
T-AKE 5: ANDREW MAKSIMOWICZ; 757-443-2832
T-AKE 7: LAURA CIGNARALE; 757-443-0881/757-617-5254
T-AKE 8: NIK KRITIKOS; 757-443-1125/757-561-1130
T-AKE 11: ERIK HARWOOD; 757-443-0880/757-323-0232
T-AKE 13: MICHAEL BIGDA; 757-443-2239/757-761-7095
T-AKE 14” Mike Zirpolo; 757-443-0947/757-705-9932
T-AKE SPE: JOHN MASSEY; 757-443-0966/757-434-2903
T-AKE ASPE: SCOTT ALVEY; 757-443-0979/757-803-4539
THIS SHIP CONTAINS HIGH VOLTAGE (HV) ELECTRICAL SYSTEMS. OBEY ALL
POSTED AND VERBAL INSTRUCTIONS REGARDING SAFETY AND EXCLUSION FROM
HIGH VOLTAGE AREAS. AT NO TIME APPROACH, WORK ON, OR ENTER A HIGH
VOLTAGE AREA WITHOUT PROPER AUTHORIZATION.
5.7 THE T-AKE CLASS ELECTRICAL COLOR CODING DOES NOT FOLLOW
CONSISTENT COLOR SCHEME. THE SHIP IS KNOWN TO HAVE CURRENT
CARRYING CONDUCTORS COLORED GREEN, BLUE, BLACK, AND WHITE. ASSUME
ALL ELECTRICAL CABLES ARE ENERGIZED UNTIL TESTED AND PROVEN
OTHERWISE. TEST ALL ELECTRICAL CABLES TO ENSURE THEY ARE DE-
ENERGIZED PRIOR TO WORKING ON THE ITEM.
6.0 QUALITY ASSURANCE REQUIREMENTS:
6.1 All Inspections, Adjustments, and Servicing shall be
completed to the satisfaction of Port Engineer, Chief Engineer, Master, and Chief Mate.
7.0 STATEMENT OF WORK:
7.1 Provide all material listed in Para 3.4.
7.2 Provide the services of the Original Equipment
Manufacturer (OEM) representatives identified in paragraph 7.12.
7.2.1 OEM Rep shall travel to each ship’s location
during the Period of Performance listed under Para 5.1
7.2.1.1 Travel costs are to be estimated by the
Contract. Final travel costs will need to be provided to the Contracting Officer and determination will be made if a Contract mod is necessary.
7.3 Verify each accommodation ladder has an identification plate provided by OEM. The maximum carrying load is located on the identification plate.
7.4 Accomplish the requirements of reference 2.1 paragraphs 5.1.1.1, 5.1.2.1, 5.2.1, 5.4 and 5.5 for each accommodation ladder listed in paragraph 3.
7.4.1 Inspect each accommodation ladder and gangway for signs of distortion, cracks and corrosion.
7.4.2 Inspect stanchions to ensure they are straight.
7.4.3 Inspect guard ropes for wear.
7.4.4 Ensure moving parts are free to turn/move.
7.4.5 Inspect accommodation ladder steps, platforms, all support points such as pivots, rollers, etc.; all suspension points such as lugs, brackets, etc.; stanchions, rigid handrails, hand ropes and turntables; davit structure, wire and sheaves, etc. for wear, corrosion or other signs of failure.
7.4.6 Inspect winch brake mechanism; control system and power supply (Motor).
7.5 Accomplish the requirements of reference 2.2 section 8.1 “Annual Thorough Examination” (page 53 of 174) for each lifeboat identified in paragraph 3.
7.6 Accomplish the requirements of reference 2.2 section 5.1 “Annual Thorough Examination” (page 162 of 174) for each lifeboat release hook identified in paragraph 3.
7.7 Accomplish the requirements of reference 2.3 section 4 paragraph
11.4 “MAINTENANCE GROUP 4, ONE YEAR SERVICE” (page 151 of 198) for each rescue boat identified in paragraph 3.
7.8 Accomplish the requirements of reference 2.3 section 5.1 “Annual Thorough Examination” (page 189 of 198) for each rescue boat release hook identified in paragraph 3.
7.9 Provide a condition found report for all discrepancies found.
Repairs will be the subject of a change order.
7.10 Assist Ship’s Force during the ABS annual survey and annual USCG COI conducted on the Life Boats and Accommodation Ladders.
7.11 Preparation of Drawings and Documentation:
7.11.1 Upon completion of all required work, and prior to
departing the vessel, provide the MSCREP, Captain, and Chief Engineer copies of all Annual Certificates and inspection documentation required for ABS/USCG Annual Inspections.
7.11.2 Within ten (10) business days after completion of work, submit a final report, in electronic adobe format, of completed check lists, of conditions found, discrepancies corrected, and recommendations for any process improvements noted during inspections.
7.11.2.1 Final report shall include the (2) Accommodation
Ladders inspection, four (4) Lifeboats, two (2) Fast Rescue Boats, all Release Gears serviced, and fiberglass and gel-coat inspection. Any additional repair recommendations shall also be included. Submit report to the MSCREP.
7.12 Manufacturer's Representative:
7.12.1 Point of Contacts For OEM Services and material:
Tim Klaybor General Manager Fassmer Service America, LLC 6135 NW 167 Street (Unit E-6) Miami, FL 33015 Phone 305-557-8875 Mobile 562-248-8683 Fax 305-557-8874 tk@fassmerusa.com
7.13 Emergent Work:
7.13.1 Any repairs identified outside of the scope of
the references and /or listed within this Statement of Work shall be submitted to the Port Engineer and Contracting Officer via Condition Report for resolution and direction.
7.13.1.1 In addition, any additional required
repairs, outside of the scope of this SOW that is identified prior to the start of any of the period of performances shall be submitted to the Contracting Officer by the Port Engineer and/or Contractor.
8.0 GENERAL REQUIREMENTS:
8.1 The Contractor shall provide all of his/her own
equipment and tools to perform this work. All instruments/tools that require calibration shall have a current calibration label affixed to it.
9. The required delivery is FOB Destination and acceptance date is 8 June 2020. Delivery and acceptance will occur at BATS SAN
DIEGO, 9284 BALBOA AVE, SAN DIEGO, CA (USA) 92123
(619) 890-3057
10. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:
52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--
COMMERCIAL ITEMS
a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.
b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.
c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively.
Further, the term “award” shall be understood to describe the Government’s issuance of an order.
d. The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1.
Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.
e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:
In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:
11. Responsible sources shall provide the following:
1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price
2. Total Firm Fixed price
3. Any Discount Terms
4. Estimated time of delivery
5. Technical Submission Requirements
a. For a Service buy, the quote shall contain all pre-award submission/certification required as defined in the statement of work (SOW). Labor and material shall be broken out as follows:
LABOR:
Contract must provide a copy published hourly/daily rates for documentation.
Labor Rate $___straight time X (number of hours)____;$___ overtime X (Number of hours)___ $___double or holiday X (Number of hours___.
Specify the number of hours per person for any applicable rates.
MATERIAL:
Estimated materials: Provide a detailed list of estimated materials, the cost for each and the part number (If applicable).
List any other cost, which does not fall with the above categories (i.e. travel, per diem, rental car, hotel, administrative fees, etc.):
Provide any contract number for purchase orders which you previously performed this work_______________________________
Firm Fixed Price Total (include all charges):$__________________________
TRAVEL:
Airfare, Lodging, per diem, and car rental shall be broken out.
12. Responses to the solicitation are due 1 November 2019 12 PM Eastern time. Quotes may be e-mailed to James.Parker5@navy.mil To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.
Primary Point of Contact: James Parker 757-341-5657 Secondary Point of Contact: Scott Harrison-757-443-5919
13. Provision 52.212-2 Evaluation—Commercial Items applies to this acquisition.
(a) The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(i) technical capability of the item offered to meet the Government requirement;
(ii) price;
Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations.
To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.
If utilized, a past performance evaluation will be conducted in accordance with FAR 13.106-2(b)(3)(ii)(C). The Government intends to utilize the Government Wide Past Performance Information Retrieval System (PPIRS) for past performance evaluations as a basis for anticipating successful/unsuccessful performance on this required effort. To be considered acceptable for past performance, a search of the PPIRS must reveal no negative past performance information for the recent and relevant records. In the event there are no recent and/or relevant PPIRS records, the quoter may submit information on recent and relevant subcontracts and/or commercial contracts. If no recent and relevant contracts are available in PPIRS or submitted by the offeror, the quoter’ s past performance record shall be considered “unknown.” In the context of acceptable or unacceptable, “unknown” past performance shall be considered “acceptable.” To be considered recent, the effort must either still be in progress or have been completed within the previous three (3) years from date of this draft award notice. To be considered relevant the record should be similar in terms of complexity, scope, and magnitude. “Scope” is defined as experience in areas defined in the SOW. “Magnitude” is defined as the measure of similarity of the volume, dollar value, and/or duration of work actually performed under the quoter’ s submitted contracts to the SOW. At the quoter’ s discretion, additional past performance information may be submitted with the quote as a supplement to PPIRS. If furnished, this submission will be evaluated in accordance with the procedures described above.
The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.
(a) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror by the Government within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(b)Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s).
(End of Provision)
14. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.
52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2017)
Microsoft Word Document
15. Clause 52.212-4 Contract Terms and Conditions – Commercial items, applies to this acquisition.
Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.
16. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2018), applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.
(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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
(3) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)
(4) 52.209-10, Prohibition on Contracting with Inverted
Domestic Corporations (Nov 2015).
(5) 52.219-28, Post Award Small Business Program
Representation (Jul 2013) (15 U.S.C. 632(a)(2)).
(6) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(7) 52.222-19, Child Labor—Cooperation with Authorities and
Remedies (Jan 2018) (E.O. 13126).
(8) 52.222-21, Prohibition of Segregated Facilities (Apr
2015).
(9) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(10) 52.222-36, Equal Opportunity for Workers with
Disabilities (Jul 2014) (29 U.S.C. 793).
(11)52.222-50, Combating Trafficking in Persons (Mar 2015) (22
U.S.C. chapter 78 and E.O. 13627).
(12) 52.223-18, Encouraging Contractor Policies to Ban Text
Messaging While Driving (AUG 2011) (E.O. 13513).
(13) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(14) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
(15)(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).
(End of Clause)
17. The following additional information is applicable to this acquisition:
https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252
Number Title 52.203-18 Prohibition on Contracting with Entities that
Require Certain Internal Confidentiality Agreements or Statements—Representation
52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and
Certifications 52.204-21 Basic Safeguarding of Covered Contractor
Information Systems 52.204-22 Alternative Line Item Proposal 52.223-6 Drug-Free Workplace 52.223-22 Public Disclosure of Greenhouse Gas Emissions and
Reduction Goals 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 252.203-7000 Requirements Relating to Compensation of Former
DOD Officials 252.203-7002 Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former
DoD Officials 252.204-7000 Disclosure of Information 252.204-7003 Control of Government Personnel Work Product 252.204-7008 Compliance with Safeguarding Covered Defense
Information Controls 252.204-7012 Safeguarding Covered Defense Information and
Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.211-7008 Use of Government Assigned Serial Numbers 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7001 Buy American and Balance of Payments Program 252.225-7002 Qualifying Country Sources as Subcontractors (if
252.225-7001 is included) 252.225-7013 Duty-Free Entry 252.225-7048 Export Controlled Items 252.232-7003 Electronic Submission of Payment Requests and
Receiving Reports 252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items 252.246-7003 Notification of Potential Safety Issues
252.247.7023 Transportation of Supplies by sea
52.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)
(a) Definitions.
“Aviation critical safety item” means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause—
(i) A catastrophic or critical failure resulting in the loss of, or serious damage to, the aircraft or weapon system;
(ii) An unacceptable risk of personal injury or loss of life; or
(iii) An uncommanded engine shutdown that jeopardizes safety.
“Design control activity” means—
(i) With respect to an aviation critical safety item, the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment, in which an aviation critical safety item is to be used; and
(ii) With respect to a ship critical safety item, the systems command of a military department that is specifically responsible for ensuring the seaworthiness of a ship or ship equipment, in which a ship critical safety item is to be used.
“Ship critical safety item” means any ship part, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause—
(i) A catastrophic or critical failure resulting in loss of, or serious damage to, the ship; or
(ii) An unacceptable risk of personal injury or loss of life.
(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:
MSC Critical Ship Systems and Equipment
(1) Main Propulsion Diesel Engines/Main Propulsion
Motors/Gas Turbine Engines
(2) Ship Service Diesel Engines/ Ships Service Turbine
Generators
(3) High Pressure/Low Pressure Propulsion Turbines
(4) Emergency Diesel Generator
(5) Propulsion/Machinery Control Systems
(6) Main Propulsion and Turbine Generator Reduction Gear
(7) Propulsion Shafting, Bearing and Couplings
(8) Controllable Pitch Propeller System
(9) Stern Tube Seal System
(10) Steering Gear Control Systems (not hydraulics)
(11) ECDIS (Electronic Chart Display Information System)
(12) Fixed Fire Extinguishing Systems/Fire Detection Systems (Note ABS “Recognized External Specialist” documentation shall suffice for Fire Extinguishing System Qualified service providers.)
(12) Oily Water Separator/Oil Content Monitor.
(13) Mission Equipment {Vehicle Ramps; Cargo Cranes; Cargo Hold WT Doors and Ramps} (structural, electronics, and hydraulic control systems; not hydraulic components and hoses, and other common components)
(c) Heightened quality assurance surveillance. Items designated in paragraph (b) of this clause are subject to heightened, risk-based surveillance by the designated quality assurance representative.
(End of clause)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [] is not [] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [] is not [] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.222-25 Affirmative Action Compliance (Apr 1984)
The offeror represents that --
(a) It * has developed and has on file, * has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or
(b) It * has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of provision)
52.252-2 Clauses Incorporated by Reference (Feb 1998) http://acquisition.gov/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current http://acquisition.gov/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current
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 Number Item Description
(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 Number Item Description
(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 (i), (ii), (iii), or (iv) 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 item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of 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 item(s) 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.
(end of clause)
252.225-7048 EXPORT CONTROLLED ITEMS (JUNE 20130)
(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes:
(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR Part 120.
(2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in the EAR, 15 CFR 772.1.
(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR.
(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.
(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to—
(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);
(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);
(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);
(4) The Export Administration Regulations (15 CFR Parts 730-774);
(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and
(6) Executive Order 13222, as extended.
(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at…
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