Solicitation_Doc.pdf

Solicitation Document Title : RFQ QSDM-J4-133117-I

Solicitation Number : QSDM-J4-133117-I

Submit Offers to:

ACQUISITION DIVISION

1500 E. BANNISTER RD

KANSAS CITY, MO - 641313088.

Created on November 2, 2012

COVER PAGE

GSA, FAS intends to establish a not to exceed one-year Standing Price Quote (SPQ) for four (4) National Stock Numbers in the 5120 Federal Supply Class. The NSNs are part of GSAâ##s Stock Program. All offers for this RFQ are to be FOB destination. In addition to the normal clauses that apply to GSA stock tool orders, the following clauses apply; 52.225-1-Buy American Act; 52.225-3 Alternate II Buy American Act â## Free Trade Agreements â## Israeli Trade Act; 52.225-3 Alternate III Buy American Act â## Free Trade Agreements â## Israeli Trade Act, and 52.212-4 Contract Terms and Conditions-Commercial Items. All orders will be FOB destination. Quantities stated below are estimates based on the last three years usage. SUBJECT SPQ IS NOT SET ASIDE FOR SMALL BUSINESS CONCERNS. The Government will make award to the responsive, responsible offeror whose offer, conforming to the RFQ will be most advantageous to the Government, price and other factors considered. For questions please contract Lichon L. Ramsey, Contract Specialist at 816-926-1664 or via e-mail at lichon.ramsey@gsa.gov. Please email your quotes to Lichon L.Ramsey.

1. The essence of this arrangement is that a contractor will be awarded a SPQ and will provide the subject NSN to satisfy the requirements for the Stock Depots in Burlington, NJ and French Camp, CA. Direct delivery orders to customers may also be ordered through this SPQ. The period of the SPQ will not exceed a one year time frame. There is no guarantee of orders and the SPQ can be cancelled at any time.

2. Previous provider of NSN 5120-00-171-3117 is Wright Tool Company, at a price of $165.00 each. Average one year quantity is 155 and average one year dollar value is $25,575.00 based on the last three year usage.

52.225-3 Alternate I Buy American Act â## Free Trade Agreements â## Israeli Trade Act applies to this NSN.

Previous provider of NSN 5120-00-277-9076 is American Kal Enterprises, Inc., at a price of $8.25 each.

Average one year quantity is 2â##433 and average one year dollar value is $20â##072.25 based on the last three year usage. 52.225-1-Buy American Act applies to this NSN.

Previous provider of NSN 5120-00-288-8739 is Wright Tool Company, at a price of $7.25 each. Average one year quantity is 4â##032 and average one year dollar value is $29â##232.00 based on the last three year usage. 52.225-3 Alternate I Buy American Act â## Free Trade Agreements â## Israeli Trade Act applies to this

NSN.

Previous provider of NSN 5120-00-900-6098 is Ames True Temper, Inc., at a price of $23.24 each. Average one year quantity is 2â##442 and average one year dollar value is $56â##752.08 based on the last three year usage. 52.225-3 Alternate II Buy American Act â## Free Trade Agreements â## Israeli Trade Act applies to this

NSN.

3. The Government will make award to the responsible contractor whose quote, conforming to the Request for Quote; will be most advantageous to the Government. Consideration could be given to vendor past performance, delivery time and/or price.

4. By signing the 1449 signature document contractor verifies that the item they are quoting meets the Item Purchase Description as well as any applicable clauses. If quoted item is not Buy American Act compliant, please see specific vendor response document and fill in with the country of origin.

VENDORS WHO DO NOT FILL OUT 1449 FORM MAY NOT BE ELIGIBLE FOR AWARD.

Begin Regulation

CP-FSS-1-A (MAY 2009)

Solicitation No. QSDM-J4-117750

REQUIREMENTS (IDIQ OR REQUIREMENTS) CONTRACT FOR

FSC CLASS FSC 5130 - POWER TOOLS

PERIOD: 07/29/2011 OR DATE OF AWARD, WHICHEVER IS LATER THROUGH ONE YEAR

FOLLOWING THE DATE OF AWARD

QSDM-J4-133117-I Cover Page i

ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR SOLICITATION

CAN BE OBTAINED FROM THE ISSUING OFFICE ADDRESS SHOWN HEREIN.

Begin Regulation

CP-FSS-3 NOTICE: REQUESTS FOR EXPLANATION OR

INFORMATION (MAR 1996)

Oral or written requests for explanation or information regarding this solicitation should be directed to:

GENERAL SERVICES ADMINISTRATION

Address: GENERAL SERVICES ADMINISTRATION

1500 EAST BANNISTER ROAD (ATRIUM)

KANSAS CITY, MO 64130

or

Phone (816)926-1664.

IMPORTANT: DO NOT ADDRESS OFFERS, MODIFICATIONS OR WITHDRAWALS TO THE

ABOVE ADDRESS. THE ADDRESS DESIGNATED FOR RECEIPT OF OFFERS IS CONTAINED

ELSEWHERE IN THIS SOLICITATION.

QSDM-J4-133117-I Cover Page ii

TABLE OF CONTENTS

Please click on an item in Table of Contents below to go to the respective location within this document.

Part I - GOODS & SERVICES Part II - CONTRACT TERMS AND CONDITIONS

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG 2012)

52.222-50 -- COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.232-33 -- PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

52.232-99 -- PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(DEVIATION) (AUG 2012)

52.233-3 -- PROTEST AFTER AWARD (AUG 1996)

52.247-34 -- F.O.B. DESTINATION (NOV 1991)

52.247-34 -- F.O.B. DESTINATION (NOV 1991) (DEVIATION I - MAY 2003)

52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

552.211-73 -- MARKING (FEB 1996)

552.211-75 -- PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

552.211-76 -- CHARGES FOR PACKAGING, PACKING, AND MARKING (JAN 2010)

552.211-77 -- PACKING LIST (FEB 1996)

552.211-89 -- NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (JAN

2010)

552.211-94 -- TIME OF DELIVERY (JAN 2010)

552.212-71 -- CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF

COMMERCIAL ITEMS (JUL 2003)

552.246-78 -- INSPECTION AT DESTINATION (JUL 2009)

D-FSS-475 -- BAR CODE MARKING OF NATIONAL STOCK NUMBER (NOV 2004)

E-FSS-522 -- INSPECTION AT DESTINATION (MAR 1996)

F-FSS-300 -- SCHEDULING OF DELIVERIES TO GSA FACILITIES (FEB 2005)

Part III - VENDOR INSTRUCTIONS

52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L-FSS-59 -- AWARD (APR 1984)

Part IV - EVALUATION FACTORS FOR CONTRACT AWARD Part V - OFFEROR REPRESENTATIONS & CERTIFICATION

52.219-1 -- SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

QSDM-J4-133117-I

Part I - GOODS & SERVICES

Period Of Performance: 12 Months

CLIN. Item. Unit

Of

Issue

Location Attn To: ARO

Days

Est

Qty

EPMR Guara

-nteed

Qty

Orders

001A NSN:

5120001713117

EA Any Location in US 90 155 N/A N/A N/A

002A NSN:

5120002779076

EA Any Location in US 90 2433 N/A N/A N/A

003A NSN:

5120002888739

SE Any Location in US 90 4032 N/A N/A N/A

004A NSN:

5120009006098

EA Any Location in US 90 2442 N/A N/A N/A

001 5120001713117 --- WRENCH SET, SOCKET

Unit Of Issue: EA

Fob Type: Destination

Max. Order Limitation:

$150,000

NAICS Number: 332212

Set Aside: N/A

IPD Description : The set shall consist of one (1) 1/2" manual impact driver, eleven (11) attachments and a storage case.

Driver Size: 1/2" male square drive.

Attachments:

Hexagonal Sizes: 5/16, 3/8, 7/16, 1/2, 9/16 and 5/8".

Flat Tip: 7/16" by 0.050" and 1/2" by 0.075".

Phillips Tip: Standard sizes #3 and #4.

Drag Link: 3/4" by 0.109" +/- 0.006"

Case: The components shall be furnished in a metal or impact resistant plastic container (case) designed to store the components in an orderly manner. The components shall be secured in such a manner that during shipment, handling and normal usage they will not become loose and damage the container or any of the other components.

Snap-on Tools part number PIT3120EB or equal.

Offering on:

Manufacturer's Name: ______________________________

QSDM-J4-133117-I Part I - GOODS & SERVICES

Page: 1 of 27

Brand __________________________________________

Model or Part No. __________________________________

Table of product attributes included? ( Y / N ) ___________

See Technical Specifications paragraph(s): TB.1, T1.3, T3.2, T4.2, T5.1 and T6.2.

002 5120002779076 --- WRENCH, SPANNER

Unit Of Issue: EA

Fob Type: Destination

Max. Order Limitation:

$150,000

NAICS Number: 332212

Set Aside: N/A

IPD Description : For use on slotted hose couplings

The wrench shall be suitable for purpose intended. Handles shall have a comfortable grip. Surfaces shall be smooth, and corners shall be broken to approximately a 1/32" radius. Fillets having a radius of at least 1/32" shall be provided.

Material: Adjustable hook, fixed pivot point spanner wrench shall be made of heat treated steel and possess a hardness of 37 to 45 on the Rockwell C scale. Clearance between the jaw and the handle clevis shall be sufficient to allow for free pivoting of the jaw without excessive looseness. The steel hinge pin shall be peened or otherwise well secured. Wrench shall be drop forged steel with a plain or solid web in handle.

Circle Range Diameter: 2" to 4-3/4".

Overall Length: 11-3/8" (+/-1/8").

Handle Thickness: 5/16" (+1/32", - 1/64")

Hook Thickness: 15/32" (+1/32", - 1/64")

Hook Depth: 3/16" (+ 1/32" - 1/64")

Finish: Oxide.

Test Load: 2000 in-lbs minimum.

Tolerances not specified shall be interpreted as allowing a plus or minus tolerance of

15 percent from such dimensions.

See Technical Specifications paragraph(s): TE.6, T3.1, T4.1 and T6.1.

003 5120002888739 --- SCREWDRIVER SET, JEWELERS

Unit Of Issue: SE

Page: 2 of 27

Fob Type: Destination

Max. Order Limitation:

$150,000

NAICS Number: 332212

Set Aside: N/A

IPD Description : Swivel knob, metal handle body, interchangeable blades.

Furnished Items: Plastic pouch or storage case.

Component quantity: 6 (not including case).

Set shall consist of six (6) handles and six (6) blades as follows:

(see list of Components)

See Technical Specifications paragraph(s): TE.6, T1.2, T3.1, T4.1 and T6.1.

List of Components: 5120002888739

NSN Title UnitOfIssue Qty

5120001800705 SCREWDRIVER, JEWELER'S, SWIVEL KNOB: EA 1

IPD Description : Type: 1 (Swivel knob, metal handle body, interchangeable blades).

Tip Size: 0.025" (+/- .005)

Handle length: 2-3/4" minimum

One bit provided with screwdriver.

See Technical Specifications paragraph(s): T1.2.

5120001800706 SCREWDRIVER, JEWELER'S, SWIVEL KNOB EA 1

IPD Description : Type: 1 (Swivel knob, metal handle body, interchangeable blades).

Tip Size: 0.040 in. (+/- .005 in.)

Handle Length: 2-3/4 in. minimum.

One bit provided with screwdriver.

See Technical Specifications paragraph(s): T1.2.

5120001800727 SCREWDRIVER, JEWELER'S, SWIVEL KNOB EA 1

IPD Description : Type: 1 (Swivel knob, metal handle body, interchangeable blades).

Tip Size: 0.055 inch (+/-.005 inch)

Handle Length: 2-3/4 inches minimum

One bit provided with screwdriver

See Technical Specifications paragraph(s): T1.2.

5120001800728 SCREWDRIVER, JEWELER'S, SWIVEL KNOB: EA 1

IPD Description : Type: 1 (Swivel knob, metal handle body, interchangeable blades).

Tip Size: 0.070" (+/-.005")

Handle length: 2-3/4" minimum

One bit provided with screwdriver.

See Technical Specifications paragraph(s): T1.2.

5120001800729 SCREWDRIVER, JEWELER'S, SWIVEL KNOB: EA 1

Page: 3 of 27

IPD Description : Type: 1 (Swivel knob, metal handle body, interchangeable blades).

Tip Size: 0.080" (+/-.005")

Handle length: 2-3/4" minimum

One bit provided with screwdriver.

See Technical Specifications paragraph(s): T1.2.

5120001800730 SCREWDRIVER, JEWELER'S, SWIVEL KNOB EA 1

IPD Description : Type: 1 (Swivel knob, metal handle body, interchangeable blades).

Tip Size: 0.100 in. (+/-.005 in.)

Handle Length: 2-3/4 in. minimum.

One bit provided with screwdriver.

See Technical Specifications paragraph(s): T1.2.

End of Components: 5120002888739

004 5120009006098 --- HAMMER, HAND:

Unit Of Issue: EA

Fob Type: Destination

Max. Order Limitation:

$150,000

NAICS Number: 332212

Set Aside: N/A

IPD Description : Blacksmiths' or Engineers' Double Face Hammer

Head Weight: 12 pound

Weight Tolerance: 8 ounce

Handle Material: fiberglass, color-yellow

Overall Length: 35.5 inch

Handle Length: 34 inch

Length Tolerance: 2 inch

Features: rubber overlay cushion grip

See Technical Specifications paragraph(s): T1.1, T3.1, T4.1 and T6.1.

TECHNICAL SPECIFICATIONS

TECHNICAL DOCUMENT

T1.1

In accordance with American Society of Mechanical Engineers (ASME) B107.54 as contained in ASME B107.400-2008; this document incorporates and includes the revisions of primary standard B107.41, B107.42, B107.53, B107.54, B107.56, and B107.58

Page: 4 of 27

Applies to item(s): 4.

T1.2

In accordance with Commercial Item Description A-A-3152A dated July 30, 2002.

Applies to item(s): 3, 3.1, 3.2, 3.3, 3.4, 3.5 and 3.6.

T1.3

In accordance with The American Society of Mechanical Engineers (ASME) B107.4 2005.

Applies to item(s): 1.

ITEM MARKING

T3.1

Each item Shall Be Marked in a Permanent and Legible Manner with:

1) Manufacturer's Part Number

2) Manufacturer's Name or Identifying Symbol, and

3) Country of Origin

Each Package including the unit, single, intermediate, and exterior container must be labeled with the requisition number or Transportation Control Number (TCN). Requisition Number and TCN are found on the Purchase Order.

Applies to item(s): 2, 3 and 4.

T3.2

Mark each item in a permanent and legible manner with manufacturer's part number and name or identifying symbol.

Applies to item(s): 1.

PACKAGING

T4.1

One (1) item shall be preserved and packaged in a unit package designed to protect the item against damage during shipment, handling, and storage.

Applies to item(s): 2, 3 and 4.

T4.2

Shall be in accordance with the latest Edition of ASTM D 3951-98, "Practice for Commercial Packaging" available at www.ASTM.org.

Applies to item(s): 1.

PACKING

T5.1

The unit packages shall be packed in a close fitting fiberboard box in compliance with the Uniform Freight Classification and the National Motor Freight Classification requirements of Rules, Item 222, Sec. 3., Minimum 200 psi, or Edge Crush Test (ECT) 32Lbs. per Inch Width.

Applies to item(s): 1.

Page: 5 of 27

MARKING

T6.1

All unit, intermediate, transport packages and unit loads shall be marked and bar coded for delivery to the GSA DEPOT and MILITARY ACTIVITIES shall be in accordance with the latest version of MIL-STD-129, "Military Marking For Shipment and Storage". "Latest version" is defined as the version in effect on the date of bid submittal. Federal Standards and Military Standards can be accessed on-line via the Defense Logistics Agency's "Assist" Quicksearch web site:

http://assist.daps.dla.mil/quicksearch/

NOTICE: All Pallets transported / Shipped to the GSA Depot MUST be HEAT TREATED and marked IAW IIPC

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 48-inch length x 40-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp Location). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure that the load can withstandtwo additional loads placed on it.

Stacking: A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be tested utilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

Materials: All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods.

Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

Unitization: For the purpose ofthis requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load: The palletized load shall be unitized and secured to the pallet to insure that theload arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioningthe strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

Notice of special requirements for shipment to all countries, GSA Depots and DLA Consolidated Shipping Points that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published Guidelines for Regulating Wood Packaging Material in International Trade. Countries endorsing the IPPC Guidelines are found at the website given below.

General Services Administration Acquisition Manual (GSAM) Clause 552.211-89 requires non-manufactured wood pallets and other non-manufactured wood packaging material used to pack items for delivery to or through IPPC countries be marked and properly treated in accordance with IPPC guidelines. Pallets and packing material shipped to FAS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLAD 47.305-1, and MIL-STD-2073-1.

http://www.aphis.usda.gov/import_export/plants/plant_exports/wpm/country/index.shtml

UNIT PACKAGES:

The unit packages shall be packed in a close fitting fiberboard box in compliancewith the Uniform Freight

Page: 6 of 27

Classification and the National Motor Freight Classification requirements of Rules, Item 222, Sec. 3., Minimum 200 psi, or Edge Crush Test (ECT) 32 Lbs. per Inch Width.

Applies to item(s): 2, 3 and 4.

T6.2

All unit, intermediate, transport packages and unit loads shall be marked and bar coded for delivery to civilian activities in accordance with the latest version of FED-STD-123, "Marking For Shipment (Civil Agencies)", or marked and bar coded for delivery to military activities in accordance with the latest version of MIL-STD-129, "Military Marking For Shipment and Storage". "Latest version" is defined as the version in effect on the date of bid submittal. Federal Standards and Military Standards can beaccessed on-line via the Defense Logistics Agency's "Assist" Quicksearch web site:

http://assist.daps.dla.mil/quicksearch/

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 48-inch length x 40-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp Location). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure thatthe load can withstand two additional loads placed on it.

Stacking: A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be testedutilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24 hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

Materials: All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods.

Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

Unitization: For the purpose of this requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load: The palletized load shall be unitized and secured to the pallet to insure that the load arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioning the strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

Notice of special requirements for shipment to European Union countries: Per Clause D-FSS-468, non-manufactured wood pallets and other non-manufactured wood package material used in shipments destined for ultimate delivery to or through a European Union (EU) country shall comply with the Emergency Measures (2001/219/EC) adopted bythe Commission of the European Communities (CEC). Additionally, shipments delivered to DoD distribution facilities or freight consolidation points for eventual delivery to or through EU countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

Applies to item(s): 1.

BPNOTES

TB.1

Vendors offering other than brand name items identified herein, MUST furnish with their quotes/offers adequate descriptive literature so that a determination can be made as to equality of the products offered; Including but not

Page: 7 of 27 limited to, an all inclusive table of product attributes comparing brand name offer verses or equal offering.

In order for the government to make an "or equal" determination of the offered product(s), the furnished information must delineate each applicable characteristic, unitof measure, and test method of the offered product(s) directly correlated to each of the requirements delineated in the item purchase description. Failure to furnish this information/literature will result in the bid being rejected as non-responsive andwill not be considered for award.

(see FAR clause 52.211-6).

Applies to item(s): 1.

ENVIRONMENTFIELDS

TE.6

Packaging for this product is compliant with the U.S. Navy "Plastics Removal in the Marine Environment (PRIME)" program which calls for non-plastic packaging, packing, and associated marking requirements. The definition of plastic shall be in accordancewith that given in ASTM D883-00, "Standard Terminology Related to Plastics".

Applies to item(s): 2 and 3.

Page: 8 of 27

Part II - CONTRACT TERMS AND CONDITIONS

Begin Regulation

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS (AUG 2012)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ NA ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

Number Title Clause/Provision

52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND

REMEDIES (APR 2012)

Clause

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN

2008)

Clause

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

Number Title Clause/Provision

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records–Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or

QSDM-J4-133117-I Part II - CONTRACT TERMS AND CONDITIONS

Page: 9 of 27 to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause –

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219–8, Utilization of Small Business Concerns (May 2004) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting

(iii) [Reserved]

(iv) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222–35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222–36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

(vii) 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.

(viii) 52.222–41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222–50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ NA ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222–51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222–53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

Page: 10 of 27

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

Begin Regulation

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

(a) Definitions. As used in this clause--

Coercion means--

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person--

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of--

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Severe forms of trafficking in persons means--

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Page: 11 of 27

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not--

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract; or

(3) Use forced labor in the performance of the contract.

(c) Contractor requirements. The Contractor shall--

(1) Notify its employees of--

(i) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. The Contractor shall inform the Contracting Officer immediately of--

(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and

(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may render the Contractor subject to--

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(6) Suspension or debarment.

(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts.

Page: 12 of 27

(g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip.

Begin Regulation

52.232-33 PAYMENT BY ELECTRONIC FUNDS

TRANSFER—CENTRAL CONTRACTOR REGISTRATION

(OCT 2003)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for—

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction

Page: 13 of 27 instruction to the Federal Reserve System, and—

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

Begin Regulation

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL

BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

Page: 14 of 27

52.233-3 PROTEST AFTER AWARD (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at anytime are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2), or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

Begin Regulation

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means—

Page: 15 of 27

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested.

If the Contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Begin Regulation

52.247-34 F.O.B. DESTINATION (NOV 1991) (DEVIATION – MAY

2003)

(a) The term "f.o.b. destination," as used in this clause, means—

(1) Free of expense to the ordering activity, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The ordering activity shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the ordering activity acting in its contractual capacity. If rail carrier is used, Page: 16 of 27 supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested.

If the Contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be…