SF1449_SPE1C124R0002.PDF
PDF 492 KB Posted
- Attached to
- Marine Corps Sweaters Federal contract opportunity
- Solicitation number
- SPE1C1-24-R-0002
About this file
This is a solicitation for the purchase of Marine Corps sweaters. The solicitation seeks offers for Item 0001: Sweaters, Marine Corps and Item 0002: Sweaters, Marine Corps, Special Measurement. The National Stock Number is 8405-01-496-9808. The specification is A-A-55239A dated November 1, 1996. Offers must be submitted through the DLA Internet Bid Board System by February 8, 2024 at 3:00 PM EST. Product demonstration models must also be received at the specified address by this date and time. The contract will have a base period of five years containing five separate 12-month pricing tiers. Pricing must be provided for all five tiers or the entire offer may be rejected. The minimum quantity is 10,188 units and the maximum is 254,412 units. Delivery is to be FOB destination to various locations.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SF30_SPE1C124R00020004.PDF | ||
| SF30_SPE1C124R00020003.PDF | ||
| SF30_SPE1C124R00020002.PDF | ||
| SF30_SPE1C124R00020001.PDF | ||
| TECH DATA DEVIATIONS TO A-A-55239A.pdf | ||
| Specification CID A-A-55239A - 01 Nov 1996.pdf | ||
| PGC 02765 UPC.pdf | ||
| AQAR - Aug 2021.pdf | ||
| RFID Guide - Dec 2011.PDF | ||
| DLA Label Packaging - Sept 2018.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000175771
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
SPE1C1-24-R-0002
5. SOLICITATION NUMBER
2024 JAN 08
6. SOLICITATION ISSUE
DATE
Marissa Sacca DMS0190
a. NAME
Phone:
b. TELEPHONE NUMBER (No Collect calls)
2024 FEB 08
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE SPE1C1
DLA TROOP SUPPORT
C AND T SUPPLY CHAIN
700 ROBBINS AVENUE
PHILADELPHIA PA 19111-5096
USA
10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
8 (A)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
315250NAICS:
SIZE STANDARD:
11. DELIVERYFOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See Schedule
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
SEE SCHEDULE
03:00 PM
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE ADDENDUM
EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED
COMPLETE PARTIAL FINAL
STANDARD FORM 1449 (REV. 2/2012) BACK
36. PAYMENT
PARTIAL FINAL
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42b. RECEIVED AT (Location)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 75 PAGES
CONTINUED ON NEXT PAGE
SPE1C1-24-R-0002
SECTION A - SOLICITATION/CONTRACT FORM
TECHNICAL REQUIREMENTS
THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE
WEB AT:
http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-
ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
Continuation of Blocks from SF 1449
1. Blocks 8-9: The following methods of submitting a proposal are authorized in the solicitation:
DLA Internet Bid Board System (DIBBS): To submit an offer through DIBBS, search for the solicitation and then click the Red "Offer" button on the search results screen (Note: users must be logged in to DIBBS in order to submit the offer through DIBBS). For additional guidance, refer to https://www.dibbs.bsm.dla.mil/refs/help/Solicitations/DIBBS-Upload-Offer- User-Help.pdf.
Product Demonstration Model (PDM) Submission:
Product Demonstration Models are required to be submitted through traceable means via the U.S. Postal Service or a Commercial Carrier (Example: FedEx, Airborne, UPS, DHL, Emery). Due to COVID-19, in-person delivery of PDMs by offerors is not authorized. The Tracking Number shall be provided as part of the DIBBS electronic upload proposal submission.
PDMs are to be delivered between 8:00 a.m. and 3:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Packages must be plainly marked ON THE OUTSIDE OF THE CARRIER'S PACKAGE with the solicitation number, date, and time set forth for receipt of offers as indicated in block 9 of the Standard Form 1449. Ultimately, it is the offeror's responsibility to ensure that its PDMs are received at the correct location at the correct time. Failure to do so may result in the offeror's proposal being deemed untimely and not considered further for the award per FAR 52.215-1 Instruction to Offerors - Competitive Acquisitions.
NOTE: Defense Biometric Identification System (DBIDS) is used at this facility and DBIDS requirements shall be followed by all carriers attempting to deliver a proposal and/or package to this facility. Additional information can be obtained via https://dbids-global.dmdc.mil.
NOTE: EFFECTIVE 01 OCTOBER 2021 ALL CARRIERS/INDIVIDUALS ATTEMPTING TO DELIVER ANY
PACKAGES/PROPOSALS/ETC. TO DLA TROOP SUPPORT SHALL HAVE PRESENT CREDENTIALS THAT
MEET REAL ID REQUIREMENTS IN ORDER TO GAIN ACCESS TO MAKE A DELIVERY. NO EXCEPTIONS
SHALL BE MADE.
The time and date for receipt of Product Demonstration Models is 3:00 P.M. Eastern Standard Time, or when applicable, Eastern Daylight Savings Time on the return date. If a Product Demonstration Model is not submitted by date and time of the closing, your offer will be considered incomplete.
Product Demonstration Models shall be sent to:
DLA Troop Support ATT: Marissa Sacca Building 3-A-4422 700 Robbins Avenue Philadelphia, PA 19111
NOTE: In order for an offer to be considered timely, both Product Demonstration Models and Solicitation Package MUST be https://www.dibbs.bsm.dla.mil/refs/help/Solicitations/DIBBS-Upload-Offer-User-Help.pdf https://www.dibbs.bsm.dla.mil/refs/help/Solicitations/DIBBS-Upload-Offer-User-Help.pdf https://dbids-global.dmdc.mil
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 75 PAGES
SPE1C1-24-R-0002
SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)
received by the date and time identified herein. Partial proposals (e.g. PDM only or Solicitation package only) will not be further evaluated and not eligible for award. Offerors are responsible to ensure timely delivery and/or submittal.
Fill in the carrier and tracking number for the PDM(s) below:
CARRIER:________________________________________
TRACKING NUMBER:______________________________________
› Transmit “facsimile” offers are not authorized.
2. Block 17a
› Offeror's assigned Contractor and Government Entity (CAGE) Code:__________________
3. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)
4. Blocks 19-22
Item 0001: Sweaters, Marine Corps
Item 0002: Sweaters, Marine Corps, Special Measurement
PGC: 02765
CAUTION NOTICES:
OFFER EVALUATION
This acquisition will utilize Best Value Source Selection procedures. This Solicitation requires the submission of a Technical Proposal consisting of Past Performance and Product Demonstration Model (PDM) as part of the offer. For award evaluation purposes Technical merit is significantly more important in the award evaluation process than price. The Technical proposal will be evaluated to determine compliance with all characteristics listed for evaluation in the solicitation (Additional Source Selection Evaluation Procedures). Failure to furnish this information by the time specified in the solicitation may be cause for rejection of offers if not otherwise acceptable under the provisions for considering late offers.
The Government intends to award one (1) Indefinite Delivery/Indefinite Quantity Firm-Fixed Price type contract. The resultant contract will have a five-(5) year ordering period. Within the five-(5) year ordering period, there will be five-(5) 12-month price tier periods. Failure to offer on all tiers will result in rejection of the offeror's entire proposal.
The Government intends to evaluate proposals and award the contracts without discussions with offerors. Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
PRODUCTION DEMONSTRATION MODEL - CAUTION NOTICE
IT IS ESSENTIAL THAT ALL OFFERORS READ AND UNDERSTAND THIS NOTICE:
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 75 PAGES
SPE1C1-24-R-0002
SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)
This solicitation requires submission of Product Demonstration Models (PDM) at time of closing as specified in this document. This solicitation will permit only an initial submission of the PDM with the offeror's proposal at the time and date of initial closing of the solicitation; offerors will not be given the opportunity to present subsequent submissions to correct deficiencies noted in the Government's evaluation of initial PDMs. Therefore, it is imperative that offerors put forth their best effort in constructing this PDM. Any correction to the PDM will not be permitted and will not be accepted by the Government.
FAILURE TO SUBMIT A PDM WITH THE OFFEROR'S PROPOSAL AT THE TIME AND DATE OF THE INITIAL CLOSING
OF THE SOLICITATION WILL CAUSE THE OFFEROR'S ENTIRE PROPOSAL TO BE REJECTED.
PRICE SUSTAINABILITY
As part of the United States Defense Industrial Base, offerors are strongly encouraged to develop pricing that adequately accounts for market risk and volatility, includes sufficient margins to withstand future unforeseen contingencies, and allows for long term viability. Offerors are advised to refrain from submitting any offers or bids with the anticipation that in the event costs increase that there may be a price adjustment and/or cancellation of the contract. Offers are reminded that the awardee is expected to, and will be contractually bound to, perform at the final pricing submitted for the duration of the contract performance period(s) established in this solicitation. The successful performance of your contract is critical to the continued support of our nation's warfighters.
NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF SUPPLIER PERFORMANCE RISK SYSTEM IN PAST
PERFORMANCE EVALUATIONS
The Supplier Performance Risk System (SPRS) application (https://www.sprs.csd.disa.mil/) will be used in the evaluation of suppliers' past performance. Reference provision language elsewhere in this solicitation.
“THE GOVERNMENT WILL RESERVE THE RIGHT TO CONSIDER PAST PERFORMANCE INFORMATION THAT
OCCURS FOLLOWING THE CLOSING OF THE SOLICITATION AS WELL”.
LATE BIDS
It is the Offerors responsibility to ensure that offers reach the Government office designated in the solicitation on time.
It is also the responsibility of the Offeror to address and mark offers as specified in FAR 52.212-1(b) - Instructions to Offerors -- Commercial Products and Commercial Services (SEP 2023)
CAUTION: Facsimile offers are not authorized for this solicitation.
NOTE: If the ability to upload proposals is unavailable for any reason, this does not constitute an acceptable reason for a late bid.
BERRY AMENDMENT COMPLIANCE
Offerors are cautioned that all components must be of domestic origin in compliance with DFARS clause 252.225-7012, Preference for Certain Domestic Commodities (APR 2022).
Section 833 of the National Defense Authorization Act for Fiscal Year 2007 added language to 10 U.S.C. 2533a requiring that all articles or items of "clothing", including the materials and components thereof, purchased by the Department of Defense be grown, reprocessed, reused, or produced in the United States, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof).
Very Important: The vendor must certify their agreement to these terms and conditions of the solicitation by signing and dating the certification located below.
SECTION 833 NATIONAL DEFENSE AUTHORIZATION ACT CERTIFICATION
I, (name) _____________________________ do hereby certify by signature below that all articles or items of “clothing,” including the materials and components thereof, being offered for sale to the Department of Defense have been grown, reprocessed, reused, or produced in the United States, other than sensor, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof).
_____________________________________ (signature).
https://www.sprs.csd.disa.mil/
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 75 PAGES
SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)
SYSTEM FOR AWARD MANAGEMENT (SAM)
The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems:
* Central Contractor Registry (CCR)
* Federal Agency Registration (Fedreg)
* Online Representations and Certifications Application
* Excluded Parties List System (EPLS)
All Contractors must register on the SAM website: https://www.sam.gov/ in order to be considered for award.
Offerors are reminded to complete all applicable representations and certifications appearing in this solicitation. Failure to complete all representations and certifications may result in the offer being removed from award consideration for failure to comply with all terms and conditions of the solicitation.
RFID NOTICE TO DLA SUPPLIERS: RFID tags
This solicitation contains PASSIVE RADIO FREQUENCY IDENTIFICATION requirements. The provision located in Section D requires the successful awardee(s) to affix passive RFID tags at the item, case and palletized unit load levels. The successful awardee(s) is also required to electronically submit advance shipment notices to DoD to permit association of the passive RFID tag data with the corresponding shipment.
Advance shipment notice. The Contractor shall use Wide Area Work Flow (WAWF), as required by DFARS 252.232-7003 Electronic Submission of Payment Requests (DEC 2018), to electronically submit advance shipment notice(s) with the RFID tag ID
(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.
Procurement Technical Assistance Centers (PTACS) are available to deliver passive RFID assistance to DoD suppliers. See https:// www.aptac-us.org to identify your local PTAC and obtain information on upcoming workshops and other training/outreach services.
Cost of implementing the item level RFID tagging must be included in the offered price.
ELECTRONIC INVOICING AND ADVANCED SHIPMENT NOTIFICATIONS (ASN)
The Directorate of Clothing and Textiles (C&T) requires electronic invoicing on all contracts unless another method is mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.
Utilization of Wide Area Workflow - Receipts and Acceptance (WAWF-RA) in conjunction with DFARS 252.232-7003, ELECTRONIC
SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS.
The Directorate of Clothing and Textiles utilizes DLA Virtual Item Manager ARN Supply-Chain Automated Processing (VIM-ASAP), to transmit data to WAWF-RA. VIM-ASAP is the only authorized method to electronically process requests for payment to WAWF-RA for the Directorate of Clothing and Textiles. VIM-ASAP will give you visibility of contract information, track production status and print labels.
VIM-ASAP pre-populates contract data on your invoices, such as unit price, contract numbers, item numbers, addresses, and many other fields that will save you labor and time.
Please contact the VIM-ASAP help desk at 888-940-7348 to get started today!
STOP SHIPMENT DELAYS AND REJECTIONS!
Information Needed when Scheduling a Delivery at a 3PL:
· Carrier Name
· Number of Pallets
· Vendor Name
· Contract Number https://www.sam.gov/portal/public/SAM/ https://wawf.eb.mil/ https://www.aptac-us.org https://www.aptac-us.org
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 75 PAGES
SPE1C1-24-R-0002
SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)
· Delivery Order Number
· Shipment Number
Notes: (1) Only LVI and Travis require deliveries to be scheduled by appointment. For the other 3PLs, advance notice is recommended but not required.
(2) 3PL warehouses are closed on Federal Holidays.
If a carrier is unable to make a delivery appointment on time or needs to reschedule, the carrier should contact the “Schedule Deliveries” phone numbers below to inform the 3PL and make other arrangements.
DoDAAC: SD0131 RIC: VSTZ
Name and Delivery Address: Travis Association For The Blind AF & MC 3PL -Distribution Services 4512 South Pleasant Valley Road Austin, Texas 78744
Supports: Air Force and Marine Corps Recruit (Bag) Items and Organizational Clothing and Individual Equipment (OCIE) Items to the Southwest Region (All Services)
Receiving Hours: 7:00AM - 2:00PM Schedule Deliveries: 512-647-4700; email: deliveryappointment@austinlighthouse.org
C&T POC: Marcus Hawkins, 512-647-4675
Do not let the following common invoicing errors delay your payments any longer:
Missing or Erroneous Contract Number Missing Call/Delivery Order Number Missing or Erroneous Shipment Number Failure to Mark DD250 as an Original Invoice Failure to Distribute a Copy of the DD250 to the Contract Administration Office Terminal Contract Line Item Number (CLIN) is Omitted, Incorrect or Does Not Match that Appearing in the Contract Missing or Erroneous Unit of Issue Quantity and Price are Incorrect Wrong Pay Office on Invoice
Here are three things you can do to speed your invoice payments:
Be sure your original invoice is properly completed and legible.
Submit your invoices electronically using the Web Invoicing System (WInS). It's fast, accurate, and costs you nothing! Learn more at the WInS Home Page, at: https://www.ecweb.dfas.mil/notes/, and start using WInS with your next invoice! Or
If you currently receive delivery orders electronically, you could benefit by using an 810- invoice transaction.
Web Invoicing eliminates postage, snail mail, and much paperwork, and gets the invoice/voucher into the DFAS system usually within 24 hours. Web Invoicing is free to vendors doing business with the Government. You just enter the appropriate information and send your invoice to DFAS electronically. It provides help text and pull-down menus in many fields. For more specific questions, contact Janice Hockman (703) 607-5111, Kirsten Larco (703) 607-4920 or Debra Jones (703) 607-2082.
For questions about sending Electronic Data Interchange invoices (810-invoice transactions), contact Mr. Bud Wellens at (215) 737-2778.
For questions about paper invoice preparation, just call the DFAS Customer Service Resource Center at 1-800 756-4571, or Call DLA Troop Support DFAS liaisons listed below for assistance: Camille Conaway (215) 737-4406.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 75 PAGES
SPE1C1-24-R-0002
SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)
Check out these resources:
http://www.dfas.mil/money/vendor the DFAS Contract Payment Booklet… an excellent desk reference for contractor Accounts Receivable personnel, as well as the status of outstanding invoices.
http://www.dfas.mil/ information regarding bill paying process and additional points of contact.
http://www.dfas.mil/ecommerce/myInvoice/gettingstarted.html....myInvoice is an interactive web application developed specifically for contractors/vendors and government/military employees to obtain invoice status. It is available 24/7.
CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS
FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)
If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.
PATIENT PROTECTION AND AFFORDABLE HEALTH CARE ACT
Please note that the Patient Protection and Affordable Health Care Act ("the Act"), 124 Stat. 119, imposes duties upon employers concerning the provision of health care to their employees. Health insurance costs, including any costs associated with compliance with changes in the applicable law, are the sole responsibility of the offeror. Offerors are advised that their proposals should include any costs associated with the implementation of the Act. Any changes in health coverage costs and/or costs associated with compliance, occurring after award of a contract pursuant to this solicitation will not form the basis for an equitable adjustment of the contract price.
DOCUMENTS/REFERNCES BELOW ARE INCORPORATED IN THIS SOLCITATION BY REFERENCE:
A. DLA Troop Support Clothing & Textiles Additional Quality Assurance Requirements, Revision 1, August 2021 (formerly 4155.3 dated 03 November 1977) B. Item-Level Passive RFID Technology Manufacturer's Information Guide, Revision 2, December 2011.
C. DLA Labeling and Packaging Requirements for Dress Clothing, September 2018
Contractors shall ensure that blocks 2 and 15 of the form DD1222 are updated to reflect the correct information.
Historically, both blocks contained the information of the DCMA QAR and their stamp/signature. When contractor's representative samples, these blocks shall include the contractor's representative's information. Block 17 shall still include the DCMA QAR to receive the results of the report even though they may not be sampling the material to be tested.
Please be advised the DD1222 has recently been updated. Ensure you are using the latest version which can be found here:
https://www.esd.whs.mil/directives/forms/
Additional information regarding lab submission requirements, including the DLA Troop Support Additional Quality Assurance Requirements (AQAR), is available at the following link:
https://www.dla.mil/TroopSupport/ClothingandTextiles/CTIndustry/
Offerors are strongly encouraged to review the subject information to ensure they have the most up to date information and can meet all requirements should they receive an award. Failure to follow these requirements will result in lab submission rejections and delays in testing completion. Should this occur, the vendor will be marked delinquent with an inexcusable delay.
https://www.esd.whs.mil/directives/forms/ https://www.dla.mil/TroopSupport/ClothingandTextiles/CTIndustry/
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 75 PAGES
The Additional Documents - Clothing And Textiles (Dec 2008) DLA Troop Support are available as shown below:
DLA Troop Support Directorate of Clothing and Textiles
ATTN: DSCP-CBTC
700 Robbins Avenue Philadelphia, PA 19111-5092 Telephone [215] 737-8439
NOTICE TO DLA SUPPLIERS: DLA Troop Support has developed a web-based system that allows manufacturers the ability to request specifications, patterns and drawings on our contracting page. To request technical data for this solicitation use the following link to the DLA Troop Support C&T Technical Data Repository area at:
http://www.dla.mil/TroopSupport/ClothingandTextiles/SpecRequest.aspx
Please ensure the following required fields are entered when submitting your request:
Spec/Cid Number: A-A-55239A Spec/Cid Date: 01 November 1996 Pattern Date: N/A
Item Description: Sweaters, Marine Corps (PGC 02765) Solicitation Number: SPE1C1-24-R-0002
Upon submission of a technical data request, please notify the Acquisition Specialist, Marissa Sacca, via e-mail at Marissa.1.
Sacca@dla.mil.
PLEASE ENSURE ALL CLAUSE FILL-INS ARE COMPLETE BEFORE SUBMITTING PROPOSAL.
Special Measurements is a provision that is required under this contract. Special Measurements are sizes outside of the item's size range. The special measurement unit price must be determined fair and reasonable before an award can be made. The special measurement unit price will not be considered in determining an offeror's overall evaluated dollar value.
The Government intends to award one (1) Firm-Fixed Price, Indefinite Delivery/Indefinite Quantity (IDIQ) Type Contract from this solicitation with a 60-month period, containing five separate twelve month price tiers. Delivery orders will be placed against the Basic Contract via separate Form DD 1155.
Best Value Source Selection: Best Value Source Selection procedures will be utilized for this procurement. Offers will be evaluated based on the requirements of the solicitation. For this solicitation, Product Demonstration Models and Past Performance/Experienceare required.
Offerors are reminded to complete all applicable representation and certifications appearing in FAR 52.212-3 section of this solicitation. In addition, all offerors must complete annual representations and certifications electronically via the Online Representations and Certifications Application (website at: http://www.sam.gov).
Award will be based on factors other than cost and price alone:
Source evaluation and selection procedures are contained in Section "M" of the solicitation.
Submission of Technical Proposal is REQUIRED and must be submitted with your offer. (See Section "L")
This acquisition will utilize "Best Value" Source Selection Techniques. A technical proposal will be required in support of your offer. Please read sections "L" and "M" carefully as they contain instructions for preparation and explain the factors that will be used to evaluation your proposal.
Offerors are cautioned to make their original offer their best offer, as the Government reserves the right to make an award based on the initial offers without further discussions or negotiations.
mailto:Marissa.1.Sacca@dla.mil mailto:Marissa.1.Sacca@dla.mil
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Offer must provide fill-in information throughout the solicitation. Please sign page one of this solicitation and return the entire completed solicitation as your offer.
NOTE: THE DEFENSE APPROPRIATIONS AND AUTHORIZATIONS ACTS AND OTHER STATUTES (INCLUDING WHAT IS COMMONLY REFERRED TO AS "THE BERRY AMENDMENT") IMPOSES RESTRICTIONS ON THE DOD'S ACQUISITION OF FOREIGN PRODUCTS. GENERALLY, CLOTHING AND TEXTILE ITEMS (AS DEFINED IN DFARS 252.225-7012) MUST BE GROWN, REPROCESSED, REUSED, OR PRODUCED IN THE UNITED STATES UNLESS ONE OF
THE DFARS 252.225-7002-2 EXCEPTIONS APPLIES.
AUTHORIZED NEGOTIATORS:
The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.
Name: __________________________
Title: __________________________
Email: __________________________
Phone: __________________________
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS
SECTION B
Schedule of Supplies/Services
One (1) firm-fixed price, indefinite delivery/indefinite quantity type contract, will be awarded under this solicitation. The resultant contract will have a five-(5) year ordering period. Within the five-(5) year ordering period, there will be five-(5) 12-month price tier periods. Failure to provide a unit price for each tier period in the table set forth below may be deemed as a non-acceptance of the solicitation terms and conditions and may result in the rejection of the offeror's entire proposal.
Item: Sweaters, Marine Corps
PGC: 02765 / NSN Series: 8405-01-496-9808
Specification: A-A-55239A dated 01 November 1996
Pattern Date: N/A
The Contract Guaranteed Minimum Quantity is 10,188 each
The Annual Estimated Quantity (AEQ) per tier is 40,716 each
The Contract Maximum Quantity is 254,412 each
Prices are to be based on F.O.B. Destination only.
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SPE1C1-24-R-0002
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
NOTES REGARDING SUBMISSION OF DELIVERY TERMS AND UNIT PRICES
1. Each Price Tier Period represents a 12-month period
2. The Government is only bound to order the Contract Guaranteed Minimum Quantity of 10,188 each.
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
3. The AEQ refers to the Government's good faith estimate of the requirements during a specified contract price tier period. The AEQ does not obligate the Government to order a specific quantity. It is provided for information purposes only.
4. The Government reserves the right to place orders up to the Contract Maximum Quantity. The Government is not obligated to order the Contract Maximum Quantity; however, the Government has the legal right to order up to this quantity prior to the final expiration of the resultant contract. The Government is only required to order the Contract Guaranteed Minimum Quantity listed above.
5. The Unit Price offered to the Government should include all costs, including manufacturing costs and transportation costs to Austin, TX:
DoDAAC: SD0131 RIC: VSTZ
Name and Delivery Address: Travis Association for the Blind AF & MC 3PL - Distribution Services 4512 South Pleasant Valley Road Austin, TX 78744
Supports: Air Force and Marine Corps Recruit (Bag) Items and Organizational Clothing and Individual Equipment (OCIE) Items to the Southwest Region (All Services)
Receiving Hours: 7:00AM - 2:00PM Schedule Deliveries: 512-647-4700 or email: deliveryappointment@austinlighthouse.org
C&T POC: Marcus Hawkins, 512-647-4675
6. Unit Price for Tariff Sizes shall be based on FOB DESTINATION only.
7. Inspection and Acceptance for Tariff Sizes: ORIGIN.
8. Unit Price for Special Measurement Sizes shall be based on FOB ORIGIN only.
9. Inspection and Acceptance for Special Measurement Sizes: DESTINATION.
10. All offers shall include unit prices for all five-(5) price tiers. FAILURE TO OFFER ON ALL TIERS MAY RESULT IN
REJECTION OF YOUR ENTIRE PROPOSAL.
11. Production Lead Time (PLT): The initial PLT is 120 days, and all subsequent orders are 90 days. The Government intends to issue delivery orders that will allow for uninterrupted delivery between orders, when possible. However, failure to do so shall not be cause for any price adjustment under the “Changes” Clause.
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)
SECTION C - SPECIFICATIONS/SOW/SOO/ORD
TECH DATA DEVIATIONS TO A-A-55239A:
PARAGRAPH 3.7, TABLE III. FINISHED MEASUREMENTS. FOR THE COLUMN TITLED
SKIRT WIDTH", UNDER TOLERANCE DELETE "PLUS OR MINUS 1/2" AND SUBSTITUTE
"PLUS OR MINUS 1".
THE FOLLOWING NEW PARAGRAPHS SHALL BE ADDED:
EPAULETTES. THE EPAULETTES SHALL FINISH SMOOTH AND FLAT AND BE UNIFORM IN
CONSTRUCTION AND PLACEMENT. THE EPAULETTES SHALL BE MADE FROM TWO PLIES OF THE SAME FABRIC USED FOR THE SHOULDER AND ELBOW PATCHES AND SHALL BE SEWN TOGETHER WITH EDGES TURNED IN BY
LOCKSTITCHING (STITCH TYPE 301)
WITH AT LEAST 10 STITCHES PER INCH OF SEAM AND SHALL FINISH 2 INCHES WIDE AT THE ARMHOLE SEAM TAPERING TO 1-3/4 INCHES WIDE AT THE ROUNDED END. PRIOR TO STITCHING THE TWO PLIES OF THE
EPAULETTE, A PATCH OF LOOP PILE FABRIC
3/4 INCH LONG IS TO BE SEWN 1/4 - 3/8 INCH (CENTERED) FROM THE ROUNDED END OF THE UNDERPLY OF EPAULETTE. POSITION THE EPAULETTE SO AS THE ROUND END OF LOOP IS 3/8 INCH BEYOND THE COLLAR SEAM WITH THE BACK FINISHED EDGE OF THE EPAULETTE ON THE FINISHED SWEATER (SWEATER IN RELAXED STATE) SHALL BE 1/2 INCH BEHIND THE SHOULDER SEAM. THE EPAULETTE IS INSERTED INTO THE SLEEVE SETTING SEAM. THE HOOK TAPE SHALL BE MOVED TO MATCH THE LOOP PILE ON THE EPAULETTE. FOR
SWEATER SIZES 28 THROUGH 32, THE LOOP PILE FABRIC PIECE MAY
BE 1/2 TO 1/2 SQUARE AND SHALL BE STITCHED AS CLOSE TO THE END OF THE EPAULETTE AS POSSIBLE.
ON THE UNDERSIDE OF EPAULETTE, THE INNER EDGE
OF LOOP PILE FABRIC TO SLEEVE SETTING SHALL MEASURE A MINIMUM OF 3-5/8 INCHES. A 3/4 INCH LONG PIECE OF HOOK FABRIC IS TO BE SEWN ON THE SHOULDER PATCH ABUTTING THE EDGE OF THE NECKBAND IN
ALIGNMENT WITH THE LOOP FABRIC
ON THE UNDERSIDE OF THE EPAULETTE ADHERING TO CLEARANCE MEASUREMENT AS DESCRIBED ABOVE. THE EPAULETTE SHALL LIE SMOOTH AND FLAT OVER SHOULDER PATCH WHEN THE LOOP AND PILE FABRICS ARE
ENGAGED. NO FUSIBLE IS REQUIRED.
HOOK AND LOOP. THE HOOK AND LOOP FOR ALL THE SWEATER SIZES SHALL BE 5/8 INCH WIDE BY 3/4 INCH LONG, TYPE I, CLASS 1, NYLON, IN ACCORDANCE WITH A-A-55126. THE SHADE OF THE HOOK AND LOOP
SHALL APPROXIMATE THE SHADE OF THE EPAULETTE
FABRIC.
SWEATER (WITH EPAULETTES) WEIGHTS. THE WEIGHTS PER SIZE (EXPRESSED IN POUNDS) AND BASED ON 12
SWEATERS SHALL BE AS FOLLOWS:
28/30 11-1/4 32/34 13 36 14-1/2 38 15-1/4 40 17-3/8 42 18-1/8 44 19-1/4 46 20 48 20-3/4 50 21-1/2 THE TOLERANCE ON THE WEIGHT FOR THE SWEATER (WITH EPAULETTES) IS PLUS OR MINUS 1/4 POUND.
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)
ADD THE NEW FIGURE TO BACK OF DOCUMENT FIGURE 3. SWEATER, SERVICE, WOOL, EPAULETTES (Ref. W2765)
UPC TABLE:
C02 MANUFACTURING PHASE OUT OR DISCONTINUATION OF PRODUCTION, DIMINISHING SOURCES, AND OBSOLETE
MATERIALS OR COMPONENTS (DEC 2016)
C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (MAR 2023)
C14 CORRECTION OF NONCONFORMING PACKAGING OR MARKING (MAY 2020)
SECTION D - PACKAGING AND MARKING
PASSIVE RADIO FREQUENCY IDENTIFICATION
(a) Definitions. As used in this provision --
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SECTION D - PACKAGING AND MARKING (CONTINUED)
“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.
“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:
(1) Sand.
(2) Gravel.
(3) Bulk liquids (water, chemicals, or petroleum products).
(4) Ready-mix concrete or similar construction materials.
(5) Coal or combustibles such as firewood.
(6) Agricultural products such as seeds, grains, or animal feed.
“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.
“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its content.
“EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards for the adoption of passive RFID technology.
“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.
“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.
“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal™ Class 1 Generation 2 standard.
“Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/ interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.
“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).
(b)(1) Except as provided in paragraph (b)(2) of this provision, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that --
(i) Are in any of the following classes of supply, as defined in DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management Procedures: Materiel Returns, Retention, and Disposition:
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SECTION D - PACKAGING AND MARKING (CONTINUED)
(A) Subclass of Class I - Packaged operational rations.
(B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.
(C) Class IIIP - Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.
(D) Class IV - Construction and barrier materials.
(E) Class VI - Personal demand items (non-military sales items).
(F) Subclass of Class VIII - Medical materials (excluding pharmaceuticals, biologicals, and reagents - suppliers should limit the mixing of excluded and non-excluded materials).
(G) Class IX - Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and
(ii) Are being shipped to one of the locations listed at https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html or to --
(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to --
(B) The following location(s) deemed necessary by the requiring activity:
Contract Line, Subline, or Exhibit Line Item Number Location Name City State DoDAAC
(2) The following are excluded from the requirements of paragraph (b)(1) of this provision:
(i) Shipments of bulk commodities.
(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.
(c) The Contractor shall -
(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID tags and conforms to the requirements in paragraph (d) of this provision;
(2) Use passive tags that are readable; and
(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.
(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.gs1.org/epc-rfid.
(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.
(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.
(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1).
(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.
https://www.acquisition.gov/dfars/RFID.html http://www.gs1.org/epc-rfid http://www.acq.osd.mil/log/sci/ait.html https://wawf.eb.mil/
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SECTION D - PACKAGING AND MARKING (CONTINUED)
E06 INSPECTION AND ACCEPTANCE AT SOURCE (JUN 2018)
Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below.
The contractor shall indicate the location where supplies will be inspected, if different from the production location:
Commercial and Government Entity (CAGE) code:
Address:
Applicable to contract line item numbers(s) (CLIN(s)):
The contractor shall indicate the location where packaging will be inspected, if different from the production location:
[ ] Same as for supplies OR
CAGE code:
Address:
Applicable to CLIN(s):
The contractor shall indicate the location where supplies will be accepted, if different from the inspection location:
Commercial and Government Entity (CAGE) code:
Address:
Applicable to contract line item numbers(s) (CLIN(s)):
52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) FAR
(a) Definitions. As used in this clause.
“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.
“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.”
(b) Contractor's obligations.
(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 12 MONTHS [Contracting Officer shall state specific period of time after delivery, or the specified event whose occurrence will terminate the warranty period; e.g., the number of miles or hours of use, or combinations of any applicable events or periods of time].
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.
(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.
(c) Remedies available to the Government.
(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 13 MONTHS AFTER LAST DELIVERY [Contracting Officer shall insert specific period of time; e.g., “45 days of the last delivery under this contract,” or “45 days after discovery of the defect”].
(2) Within a reasonable time after the notice, the Contracting Officer may either.
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer.
(A) May, for sampling purposes, group any supplies delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;
(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on
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SECTION D - PACKAGING AND MARKING (CONTINUED)
which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.
(C) Require the Contractor…
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