SF1449_SPE7M123Q0642.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000163082

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE7M1-23-Q-0642

5. SOLICITATION NUMBER

2023 APR 03

6. SOLICITATION ISSUE

DATE

Jonathan Stone PMCMYYP

a. NAME

Phone: 614-692-9287

b. TELEPHONE NUMBER (No Collect calls)

2023 APR 14

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE7M1

DLA LAND AND MARITIME

MARITIME SUPPLY CHAIN

PO BOX 3990

COLUMBUS OH 43218-3990

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

326211NAICS:

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:

CONTINUED ON NEXT PAGE

PAGE 3 OF 24 PAGES

SPE7M1-23-Q-0642

SECTION A

GENERAL INFORMATION TO OFFERORS

A.1 OVERVIEW

This solicitation is being issued under the authority of 10 U.S.C. §2304(c)(1) and FAR Part 13.5 and 19.5 and contemplates award of contracts for items of supply that are available from small businesses.

The Government will award an Indefinite Delivery Contract (IDC) Contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and/ or other factors specified elsewhere in this solicitation considered. This is a solicitation for a firm-fixed-price IDC contract for the supplies listed in the Schedule for a term from Award Date through September 27, 2024, or until the aggregate total of the orders placed against the contract reaches $250,000.00, whichever occurs first.

DLA Internet Bid Board Systems (DIBBS) quotations are not acceptable for this solicitation. Offerors must complete the entire solicitation. Quotes must be submitted on hard copy of this Request for Quote (RFQ), and either faxed to 614-693-1590, to the attention of Jonathan Stone, or scanned and emailed to Jonathan.Stone@dla.mil. Please ensure that all clauses are completed and returned.

The contract resulting from this solicitation will provide supply support to the Global Tires Program (GTP) Contractor, Science Applications International Corporation (SAIC), designated in contract SPE7LX-19-D-0029, pursuant to FAR Part 51, and may also provide direct supply support to the Government.

SAIC is referred to as the “GTP Contractor” throughout this document.

A.2SCOPE

A.2.1The scope of this solicitation and resulting contract is GTP Contractor and Government supply support for the tire designated in the Schedule below for FSC 2610. The Schedule and solicitation clauses further describe the unique characteristics and requirements for the NSN herein.

A.2.2The Government may order directly from the resulting LTC Vendor contract in support of military demands. These “Direct LTC Buys” would be processed as outlined in Section C.15 of this Request for Quote (RFQ).

A.2.3Awardee under this solicitation is referred to herein as the LTC Vendor.

A.3NSNs WITH MULTIPLE SOURCES (i.e. CATL): The Schedule contains a vendor required fill-in stipulating the exact item, to include manufacturer and part number they are proposing. While this is a requirement at time of quote, after award, if the LTC Vendor is required to change the source and/or the specific tire they are providing, such as in the case of an item no longer being available, DAG Part 42.302-101, no prices or delivery terms will be changed as a result.

A.4 TRACEABILITY: In accordance with (IAW) DLAD 52.246-9066 and DLAD 52.211-9014, if the offeror is not identified as an approved source in the item description, the offeror shall submit traceability documentation to the Contracting Officer on or before the date that quotes are due. Failure to provide any required documentation within the stated timeframe may result in rejection of the quote. The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled or contract may be terminated for cause/default, as applicable.

A.5 FACSIMILE AND EMAILED QUOTES: Quotes and/or withdrawals sent via facsimile or email will be accepted when submitted in accordance with the instructions in Section A.1 above.

A.6 OFFEROR AUTHORIZED REPRESENTATIVE(S): Offerors shall identify individual(s) authorized to represent the offeror’s position and commit to the offeror in all exchanges between Government and offeror:

Name: ___________________________________________

Title/Position: _________________________________

Phone Number: ___________________________________

E-Mail Address: _________________________________

SECTION B

SCHEDULE OF SUPPLIES

Award will be made on an all or none basis per individual Contract Line Item Number (CLIN) or NSN for the supplies under this solicitation. The Schedule below contains supplies managed by DLA - Land and Maritime.

CLIN 0001

NSN 2610-00-051-1580

AMC/AMSC:1G

DPAS Rating: DOC9

PIC: 2

QCC: DAF

Gov’t Estimated Annual Demand Quantity: 28

PAGE 4 OF 24 PAGES

Gov’t Requested Delivery Days: 30 days Minimum Order Quantity: 1/EA Maximum Order Quantity: NO MAX

CLIN 0002

NSN 2610-01-533-0485

AMC/AMSC:1G

DPAS Rating: DOC9

PIC: 2

QCC: DAF

Gov’t Estimated Annual Demand Quantity: 168 Gov’t Requested Delivery Days: 30 days Minimum Order Quantity: 1/EA Maximum Order Quantity: NO MAX

Disclaimer: The tire and quantity information in this solicitation is subject to change. Any NSN information provided above is to assist potential Offerors in analysis and quote development. The Government neither warrants nor guarantees any LTC Vendor will realize the demands, other than any guaranteed minimums, which are identified herein in performance of any resulting contract.

LTC Vendor prices identified in any awards/contracts (including any modifications during the contract term) resulting from this solicitation will be made publicly available and shall not be marked as proprietary.

*** EVALUATION WILL BE MADE BASED ON INFORMATION ENTERED BELOW:***

Offeror’s Quote:

CLIN: 0001

NSN: 2610-00-051-1580

U/I: EA

Unit Price (1 EA): ______________

Manufacturer CAGE: ______________ PART NUMBER: ___________________

Proposed Delivery: __________days

BAA/BPP Compliant: YES NO (circle one)

TIRE CHARACTERISTICS Compliant:YES NO (circle one)

Hazardous Codes: ______________

Remarks: _________________________________________________________

*NOTE* SURPLUS MATERIAL IS NOT PERMITTED

NSN:000511580

TIRE,PNEUMATIC,VEHICULAR

TIRE,PNEUMATIC,VEHICLEMIL‐DTL‐4M

REFERENCE NUMBER:RP001

REFERENCE NUMBER:RA001

REFERENCE NUMBER:RQ002

REFERENCE NUMBER:RQ011

X/GP2/CLF‐2/TYBB/7.50‐16SL/6PR

REFERENCE NUMBER:ZL001

REFERENCE NUMBER:CS187

TIRE CHARACTERISTICS

SPECIFICATION: ZZ‐T‐1619

TIRE SIZE DESIGNATION: 7.50‐16SL

TIRE STRENGTH: 6 PR

MAXIMUM INFLATION PRESSURE: 44 PSI

TIRE LOAD MAXIMUM CAPACITY: 1480 LBS

TIRE CONSTRUCTION: BIAS

TREAD DESIGN: RIBBED

SERVICE TYPE: AGRICULTURAL STEERING WHEEL

MATERIAL: NATURAL RUBBER

TIRE AIR RETENTION METHOD: TUBE TYPE

FLAP: NO

GROUP: 2

VEHICLE APPLICATION: AGRRICULTURAL STEERING WHEEL

REFERENCE NUMBER:RS023

IAW BASIC UNK ZZ‐T‐1619C NOT 2

PAGE 5 OF 24 PAGES

REVISION NR DTD 06/18/2015

PART PIECE NUMBER:

IAW REFERENCE STD NR MIL‐STD‐129R(2)

REVISION NR R DTD 09/27/2019

PART PIECE NUMBER:

IAW REFERENCE UNK QPL‐ZZ‐T‐1619‐2(2) SUP 1

REVISION NR 2 DTD 05/01/1978

PART PIECE NUMBER:

PREP FOR DELIVERY

LINE ITEM 00008 TYPE OF COVERAGE: DLA DIRECT, CONUS

PKGING DATA ‐ MIL‐STD‐2073‐1D, 15 DEC 1999

QUP:001 PRES MTHD:ZZ CLNG/DRY:Z PRESV MAT:ZZ

WRAP MAT:ZZ CUSH/DUNN MAT:ZZ CUSH/DUNN THKNESS:Z

UNIT CONT:ZZ OPI:M

INTRMDTE CONT:ZZ INTRMDTE CONT QTY:ZZZ

PACK CODE:U

MARKING SHALL BE IN ACCORDANCE WITH MIL‐STD‐129.

SPECIAL MARKING CODE:32 ‐32 Type I, shelf life

PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING

REQUIREMENTS FOR PROCUREMENT

REFERENCE NUMBER:ZDL58

Offeror’s Quote:

CLIN: 0001

NSN: 2610-01-533-0485

U/I: EA

Unit Price (1 EA): ______________

Manufacturer CAGE: ______________ PART NUMBER: ___________________

Proposed Delivery: __________days

BAA/BPP Compliant: YES NO (circle one)

TIRE CHARACTERISTICS Compliant:YES NO (circle one)

Hazardous Codes: ______________

Remarks: _________________________________________________________

*NOTE* SURPLUS MATERIAL IS NOT PERMITTED

NSN:015330485

TIRE,PNEUMATIC,VEHICLE

REFERENCE NUMBER:RP001

REFERENCE NUMBER:RA001

REFERENCE NUMBER:RQ011

X/GP1/CLR‐4/TYBA/12.5/80‐18/E

TYPE I, 72 MONTHS SHELF LIFE

** EXCEPTION: THIS SHELF LIFE ITEM IS NON‐EXTENDABLE, CODE I, WITH A

TOTAL SHELF LIFE OF SEVENTY TWO MONTHS. MATERIAL FURNISHED UNDER THIS

CONTRACT/ORDER SHALL HAVE AT LEAST 48 MONTHS OF SHELF LIFE REMAINING AT TIME OF DELIVERY.

REFERENCE NUMBER:CS187

TIRE CHARACTERISTICS

SPECIFICATION: ZZ‐T‐1619

TIRE SIZE DESIGNATION: 12.5/80‐18 NUMERIC

TIRE STRENGTH: LOAD RANGE E

MAXIMUM INFLATION PRESSURE: 45 PSI

TIRE LOAD MAXIMUM CAPACITY: 4820 LBS

TIRE CONSTRUCTION: BIAS

TREAD DESIGN: INDUSTRIAL INTERMEDIATE

SERVICE TYPE: AGRICULTURAL TRACTOR

MATERIAL: RUBBER SYNTHETIC

TIRE AIR RETENTION METHOD: TUBELESS TYPE

FLAP: NO

GROUP: 1

VEHICLE APPLICATION: USMC 420D IT BACKHOE LOADER (FRONT TIRE)

REFERENCE NUMBER:RS024

IAW BASIC UNK ZZ‐T‐1619C NOT 1

REVISION NR C DTD 06/18/2015

PAGE 6 OF 24 PAGES

PART PIECE NUMBER: X/GP1/CLR‐4/TYBA/12.5/80‐18/E

IAW REFERENCE STD NR MIL‐STD‐129R

REVISION NR R DTD 02/18/2014

PART PIECE NUMBER:

IAW REFERENCE UNK QPL‐ZZ‐T‐1619‐2(2) SUP 1

REVISION NR 2 DTD 05/01/1978

PART PIECE NUMBER:

PREP FOR DELIVERY

LINE ITEM 00036 TYPE OF COVERAGE: DLA DIRECT, CONUS

PKGING DATA ‐ MIL‐STD‐2073‐1D, 15 DEC 1999

QUP:001 PRES MTHD:ZZ CLNG/DRY:Z PRESV MAT:ZZ

WRAP MAT:ZZ CUSH/DUNN MAT:ZZ CUSH/DUNN THKNESS:Z

UNIT CONT:ZZ OPI:M

INTRMDTE CONT:ZZ INTRMDTE CONT QTY:ZZZ

PACK CODE:U

MARKING SHALL BE IN ACCORDANCE WITH MIL‐STD‐129.

SPECIAL MARKING CODE:32 ‐32 Type I, shelf life

PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING

REQUIREMENTS FOR PROCUREMENT

MOP CODE ZZ = PACKAGING SHALL BE IAW MIL‐DTL‐4

REFERENCE NUMBER:ZDL58

SECTION C

PERFORMANCE WORK STATEMENT/ DESCRIPTIONS / SPECIFICATIONS

C.1OVERVIEW

C.1.1LTC Vendors shall supply tires to the GTP Contractor, for supply support of the tire NSN(s) as listed herein (designated in contract SPE7LX-19-D-0029).

C.1.2The LTC Vendor will receive an order from the GTP Contractor. Any interested offeror must be able to receive orders electronically from the GTP Contractor. This can be accommodated either through electronic mail, Electronic Data Interchange (EDI), or paperless order transmission. Alternatively, a manual order from the GTP Contractor shall be accommodated.

C.2GTP PROGRAM EXECUTION; GTP CONTRACTOR AND LTC VENDOR RELATIONSHIP

C.2.1The GTP Contractor and the LTC Vendor is expected and required to meet all terms and conditions as outlined in their applicable contracts. LTC Vendors supporting the GTP Program are partnering with Government and industry counterparts to support DLA’s military customer and are therefore expected to use reasonable efforts and good faith in executing GTP Program support.

C.2.2Ordering, Pricing, and Delivery: The GTP Contractor is authorized and required to place orders under the LTC Vendors’ contracts. Orders shall be placed by the GTP Contractor directly to the Government designated LTC Vendor source for each NSN. The LTC Vendor shall fill the GTP Contractor orders at the price and delivery terms in the LTC Vendor’s contract. The LTC Vendor shall notify the GTP contractor, in writing, the date the GTP Contractor should expect delivery at least 5 calendar days prior to the scheduled delivery date.

C.2.3Inspection & Acceptance: The GTP Contractor shall conduct a “kind, count and condition” (KCC) inspection prior to acceptance of LTC Vendor-supplied materiel. Inspection and Acceptance (or action as outlined at C.2.3.1.1 or C.2.3.1.2)is expected to occur within 3 business days after delivery to the GTP Contractor’s location. Acceptance of tires by the GTP Contractor under this provision does not constitute acceptance on behalf of the Government, and is only the GTP Contractor’s determination that the tires are suitable for use in its performance under the GTP contract and in accordance with applicable terms and conditions. The same or similar requirements are included in the GTP Contract SPE7LX-19-D-0029.

C.2.3.1KCC inspection shall constitute a superficial evaluation of the quality of the item and consist of the following:

• Kind: visual identification of at least one item per the item description, verification of the part number, contract number and NSN; all as specified in the LTC;

• Count: visual confirmation of the contents of a minimum of one package per line item and number of packages received as specified in the order; and

• Condition: visual verification of physical appearance of the exterior of the item to determine if the item visually meets the LTC requirement.

C.2.3.1.1Should the GTP Contractor’s system determine a “kind” and/or “count” non-conformance upon inspection of material, the GTP Contractor shall notify, in writing, the Contracting Officer and LTC Vendor with sufficient documentation/information to support the non-conformance along with a requested disposition.

C.2.3.1.2Should the GTP Contractor’s system determine a “condition” non-conformance upon inspection of material, the GTP Contractor shall notify, in writing, the Contracting Officer and LTC Vendor within 1 day from the time the carrier delivers the tires, with sufficient documentation/information to support the non-conformance along with a requested disposition. Any disputes shall be resolved per paragraph C.2.7.

C.2.3.2The GTP Contractor is not permitted to reject conforming materials from the LTC Vendor provided the supplied tires meet the LTC Vendor’s contract requirements.

PAGE 7 OF 24 PAGES

C.2.4Payment: The GTP Contractor shall make payment to the LTC Vendor under Net 30 terms from the date it receives a proper invoice.

C.2.4.1For purposes of LTC Vendor payment from the GTP Contractor, a proper invoice shall include, at a minimum, the following elements: Sender and Recipient Information (i.e., company name, address, and phone), GTP LTC Vendor Government Contract Number, GTP Contractor Invoice Number (if applicable), Ship Date, Delivery Date, Receipt Date, Invoice Date, Quantity, Description of Contents (to include NSN and nomenclature), Carrier and Tracking Number and Invoice Value (in dollars).

C.2.4.2If authorized by the Contracting Officer, in writing to both parties, pursuant to a final resolution under paragraph C.2.7, the GTP Contractor may offset payments to recover costs associated with materiel returns.

C.2.4.3If the GTP Contractor fails to pay the LTC Vendor for conforming tires received, pursuant to C.2.7, the Contracting Officer will issue a final decision that authorizes payment by the Government directly to the LTC Vendor.

C.2.5Warranty Returns and Customer Returns: Returns will be handled by the Contracting Officer or Designee on a case by case basis.

C.2.5.1Notwithstanding any previous inspection and/or acceptance by the Government, the LTC Vendor warrants all items covered by this contract shall be free from defects and fully usable in accordance with their operational application and the specifications set forth in this solicitation (to include any attachments and amendments) and consistent with the requirements at C.2.3 and C.2.5 and their subparts. This is in addition to, and not in abrogation of, any commercial or other warranty on the items.

C.2.5.2In the event of a customer return due to a defect or damage, the Government will investigate to assess the failure and determine cause for the defect and initiate the corrective action and return, if applicable.

C.2.5.3Payment for Returned Tires: The GTP Contractor shall bear the initial costs associated with the return and replacement of non-conforming tires. In the event the Government’s investigation determines the LTC Vendor is responsible for the defect or failure, the LTC Vendor shall reimburse the GTP Contractor the costs associated with the materiel return. The LTC Vendor shall be liable for manufacturer defects or damage occurring before delivery to the GTP Contractor, while the GTP Contractor shall be liable for damage to the tires occurring after receipt due to the GTP Contractor’s handling, storage, and/or shipment of the tires to the Government end-user.

C.2.6Reliability Management and Communication: The term “Reliability Management” refers collectively to Configuration Management, Obsolescence Management, and Quality Management (see sections C.11, C.12 and C.13). When either party, the GTP Contractor or LTC Vendor, provides the Government with information regarding Reliability Management of specific NSNs in accordance with the terms of their contract, that same information shall be provided to their GTP Program counterpart at the same time in writing; i.e., the GTP Contractor shall provide the information to the LTC Vendor(s) responsible for the specific NSN and the LTC Vendor shall provide the information to the GTP Contractor.

C.2.7Disputes: All disputes and issues needing a resolution that arise between the GTP Contractor and the LTC Vendor in the performance of the applicable contracts shall be resolved in accordance with the Disputes sub-paragraph. In the event a dispute or issue arises between the GTP Contractor and the LTC Vendor, the LTC Vendor shall attempt to resolve the issue through good-faith efforts. If the parties are unable to resolve the issue after a period of 30 days (unless otherwise specified), the LTC Vendor will refer the matter to the Government (Contracting Officer or Contract Administrator) for a final disposition decision.

C.2.8Any additional commercial contract requirements established between the GTP Contractor and LTC Vendor shall be the responsibility of the two parties, but in order to maintain the integrity of the GTP Program, all agreements shall be provided to the Contracting Officer, in writing, to ensure said agreements are not in conflict with the terms of the applicable GTP Program contracts. The Government is not a party to any such agreement. No disputes over terms or conditions negotiated between the GTP Contractor and the LTC Vendor beyond the Government LTC’s terms and conditions shall justify delay in LTC Vendor performance under this contract.

C.3IDC SOLICITATION AND CONTRACT: The government desires to enter into an IDC contract in accordance with DLAD 52.213-9012 INDEFINITE DELIVERY PURCHASE ORDER (IDC) - BILATERAL (SEP 2012)and the following note:

C.3.1NOTE TO DLAD 52.213-9012 - USE IN GTP PROGRAM SUPPORT

This solicitation and any resulting contract is to be used for GTP program support. The terms of DLAD 52.213-9012 sub-paragraph (a) are altered as follows:

1. TERM / BILATERAL AGREEMENT / EFFECTIVE DATE:The period of performance shall be from the date of award through 27 September 2024 or until the aggregate total of the orders placed against the contract reaches $50,000.00, whichever occurs first. This agreement becomes binding upon being signed by the government and the contractor.

2. DELIVERY ORDERS: The contractor agrees that it will accept delivery orders under the same terms and conditions specified in the award document. All additional orders will reference the basic contract.

3. CONTRACT MINIMUM/ MAXIUM: The Government (or the GTP Contractor) fulfills its minimum obligation when the contractor receives payment for 1 tire at the contract price. The Government (or the GTP Contractor) may elect to meet the contract minimum (1) by placing an order for a tire and paying the contractor for that tire or (2) by paying the contractor the contract price for 1 tire without taking delivery of a tire. The aggregate dollar value for all orders placed for each award may not exceed $50,000.00.

C.4REPRESENTATION: By submitting a quote in response to this solicitation, the Offeror agrees to provide items in accordance with the descriptions in the Schedule and that the items supplied are from the approved source(s).

PAGE 8 OF 24 PAGES

C.5ALL OR NONE NSNs:Individual CLINs (NSNs) will be awarded on an “All or None” basis in accordance with (IAW) the evaluation criteria in Section M.

C.6PACKAGING AND MARKING: Tire supply shipments to the GTP Contractor shall include commercial packaging and marking requirements. Marking shall be in accordance with commercial standards unless otherwise specified in the item description of the delivery order.

C.7 F.O.B. POINT AND DELIVERY: The FOB point for all tires ordered (except for Direct Buy Procedures)under award from this solicitation is Destination. The FOB Destination location will be at the GTP Contractor’s facility located in Dallas, Texas area. Deliveries to areas other than Dallas, Texas may be negotiated if necessary. The LTC Vendor shall provide the GTP Contractor written notice of the date the GTP Contractor’s order is expected to be delivered at least 5 calendar days prior to the scheduled delivery date.

C.7.1For purposes of calculating on-time delivery, the LTC Vendor is considered to have completed a delivery order on the earliest date that both of the following events have occurred: (1) the LTC Vendor has given the GTP Contractor the written notice required in C.7 AND (2) the LTC Vendor completes delivery to the GTP Contractor’s location (IAW C.7), as indicated by a bill of lading, packing list or other written documentation.

C.8REPORTING: The LTC Vendor shall submit to the Contracting Officer or Designee, monthly, no later than the 10th of each month, the Quality and On-Time Delivery reports for the previous month for any orders received from the GTP Contractor.

C.8.1On-Time Delivery Report

C.8.1.1At a minimum, the On-Time Delivery Report shall contain a listing of all orders received for the month, and for each order: the NSN, the quantity ordered, the quantity shipped, the date the order was received and, if completed, the date the GTP Contractor was notified that delivery would be made, the date the order was delivered, the contractually required delivery days and the actual delivery days as determined by the difference between the date the order was placed by the GTP Contractor and the order completion date described in C.7.1 above. If an order is for Surge and Sustainment (see Section B.3), the report shall indicate the order as such.

C.8.1.2If no orders were filled during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.8.2Quality Report

C.8.2.1At a minimum, the Quality Report shall contain a listing of any orders that failed the GTP Contractor’s KCC inspection, the NSN at issue, the date of the failed inspection, an explanation of the reason for the failure, and a statement regarding when the issue is expected to be resolved. In addition, the report shall indicate any NSNs that have part number or drawing changes and NSNs expected to become or known to be obsolete along with suggested replacements.

C.8.2.2If none of the triggering events in C.8.2.1 occur during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.8.3Report Format: The Official Report may be submitted in an Adobe PDF format or other non-editable format. The LTC Vendor shall also submit an editable copy in Microsoft Word or Excel format for governmental reporting purposes and/or analysis.

C.8.4For all reports/deliverables: All of the above reports/deliverables shall be delivered to the Government with unlimited rights and shall not be identified as proprietary data. “Unlimited Rights” means the Government has the rights to use, disclose, reproduce, prepare derivative works, distribute copies to the public, of the data (including the contents of reports) in any manner and for any purpose, and to have or permit others to do so.

C.9CONFIGURATION MANAGEMENT

C.9.1General: The Government will maintain configuration control and change authority for all modifications or changes regarding GTP Program support. LTC Vendors shall maintain configuration of the tires in accordance with the requirements of the resulting contract(s), and shall review configuration of tires and recommend other available tires that meet or exceed the current application of the tire type and represent a better value to the government. The Engineering Support Activity (ESA) for this contract is the U.S. Army Tank Automotive Research, Development and Engineering Center (TARDEC) located in Detroit Arsenal, Warren, MI.

C.9.1.1The LTC Vendor(s) shall submit for approval to the Contracting Officer all known configuration changes that affect the supply of tires to include the impacted system, old and new part numbers, and the reason for the proposed change.

C.9.1.2Known configuration changes that affect Foreign Military Sales (FMS) will be identified and forwarded to the Contracting Officer for consideration and include the impacted system, old and new part numbers, and the reason for the change. The Contracting Officer will submit this information to DLA HQ and the appropriate International Logistics Control Organization to advise FMS customers.

C.9.2Deviations

C.9.2.1LTC Vendor(s) shall not manufacture or supply any items under any resulting LTC awards which incorporate a known departure from technical or contractual requirements unless a request for a deviation has been approved by the government. Authorized deviations are a temporary departure from the requirements only, and do not authorize a change to the item’s configuration baseline.

PAGE 9 OF 24 PAGES

C.9.2.2Deviation requests shall be prepared in accordance with DI-CMAN-80640C - Request for Deviation. Guidelines for preparing deviations may also be found in MIL-HDBK-61A, Configuration Management Guidance and ANSI/EIA-649, National Consensus Standard for Configuration Management. For all items under this solicitation and any resulting awards, deviations, waivers or engineering change quotes are not permitted unless authorized in writing by the Contracting Officer.

C.9.3Notification: The LTC Vendor shall monitor and immediately notify the Contracting Officer of any weapon system program developments or modifications that may impact the performance and/or require a change to the current configuration of tires covered by this Solicitation. The Contracting Officer will then take whatever action, if any, deemed necessary to coordinate with the ESA the possible configuration change and any resulting addition, deletion or modification of a tire or tire type.

C.10OBSOLESCENCE MANAGEMENT:See DLAD 52.216-9006 ADDITION/DELETION OF ITEMS (AUG 2005) for further guidance.

C.11 QUALITY MANAGEMENT

C.11.1Quality System Requirement: The LTC Vendor shall maintain a quality system that meets the requirements of ISO 9001:2000. The LTC Vendor shall be responsible for tire quality control for all tires purchased/manufactured until delivery to GTP Contractor, or the government customer.

C.11.1.1 LTC Vendor Technical and Quality Compliance includes delivering tires which meet the Government’s required specifications, drawings and sources as indicated in the Schedule. The LTC Vendor’s quality management system/program shall be designed to promptly detect, correct, and prevent conditions that adversely affect performance and quality.

C.11.1.2The LTC Vendor shall maintain a single point of contact to interface with the government’s tire logistics manager for the GTP Program to ensure timely resolution of business and technical problems and implementation of corrective action.

C.11.2Quality Data: When requested by the contracting officer, and after the Contracting Officer, on behalf of the Government, signs a non-disclosure agreement, the LTC Vendor shall make available for Government review, either at the LTC Vendor’s facility during regular business hours with reasonable notice (at least 10 business days prior to day of visit to the LTC Vendor’s facility), or by other means, agreeable to both parties, also with reasonable notice (at least 10 business days prior to review by other means), the following data:

• Quality control manual and procedures, work instructions, drawings and specifications, repair manuals, repair procedures, manufacturing records, in-process/final inspection records, and Acceptance Test Procedure (ATP) results.

• Summary results of periodic third party audits and follow up corrective actions for any deficiencies noted.

• Results of scheduled internal quality system audits and follow up corrective actions for any deficiencies noted.

• Copies of ISO generated management reports tracking rework, customer complaints, delivery schedules, cost of quality, ordering, inventory, transportation, etc.

The Government is precluded from taking photographs, recording or reproducing the data and from removing original data or copies of original data from the LTC Vendor’s facility(ies). This does not limit the Government’s right to create its own report which may include limited full text references to quality data in relation to the Government’s report findings.

C.12SHELF-LIFE REQUIREMENTS: The LTC Vendor shall deliver tires in accordance with the shelf-life requirements identified in DLAD clause 52.211-9024 (TAILORED) herein. Tires should be delivered to the specified delivery location of the GTP Contractor within eighteen (18) months of being manufactured and must have no less than forty-two (42) months of shelf-life remaining upon delivery to the GTP Contractor.

C.13LIMITATION ON USE OF CERTAIN EXTENDER OILS: Tires delivered under the contracts resulting from this solicitation shall not contain polycyclic aromatic hydrocarbon (PAH) rich extender oils and blends used as extender oils for the production of tires.

C.14DCMA UTILIZATION: The Government anticipates utilizing the Defense Contract Management Agency (DCMA), as delegated by the Contracting Officer, for contract administration support during LTC Vendor performance.

C.15LTC DIRECT BUYS: The Government anticipates that the LTC Vendor will be primarily engaged in providing GTP Contractor support throughout the life of any resulting contract, however, the Government may order directly from the

LTC.

C.15.1LTC Vendors must be able to process “LTC Direct Buys” as outlined herein.

C.15.2In the event that DLA orders tires under this procedure, the Contracting Officer and the LTC Vendor will negotiate delivery and rates to accommodate any additional packaging, marking and/or palletization requirements in excess of standard commercial packaging, to be specified on the individual delivery order. Any excess shipping costs (i.e. for Time-Definite-Delivery or Outside the Continental United States (OCONUS) delivery) will also be negotiated at that time. The negotiations under this section shall not exceed thirty (30) days from the date the Contracting Officer has notified the LTC Vendor of Direct Buy execution.

C.15.2.1Any LTC Direct Buy delivery order executed by DLA that directs the LTC Vendor(s) to supply tires directly to a military customer shall require marking in accordance with MIL-STD-129P. The MIL-STD-129P marking requirements for any LTC Direct Buys will be listed in the individual Delivery Order.

C.15.3FOB Destination and Inspection and Acceptance at Destination shall apply to Direct Buys.

C.15.3.1For Direct-Buy orders for FMS support, the FOB point shall be Origin with Inspection and Acceptance to occur at Origin. Transportation instructions will be included on delivery orders or can be obtained in accordance with DLAD 52.247-9034. The Contracting Officer will negotiate unit pricing with the LTC Vendor based on FOB Origin shipping

PAGE 10 OF 24 PAGES

requirements.

C.15.4Orders from the Government for direct-buys are anticipated to be placed electronically. The LTC Vendor must be able to support electronic ordering procedures in accordance with C.1.2, above. Issuance of an EDI transmission, when supported by the LTC Vendor, or email notification from the Contracting Officer constitutes a binding order. The LTC Vendor is required to commence performance upon receipt of a binding order. If EDI is used, the following three EDI transactions are required for the purpose of transmitting Delivery Orders and Tracking Performance under C.18:

•850 Purchase / Delivery Order •856 Shipment Notice Manifest •997 Functional Acknowledgement

C.15.5 The LTC Vendor shall submit monthly Quality and On-Time Delivery reports for any orders filled under this section. These reports shall contain the same information and be in the same format specified in section C.10. If no orders were filled during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.15.6Reliability Management requirements apply to direct buys and are unchanged.

C.15.7The Government may pay the LTC Vendor under Fast Pay terms (see 52.212-9001 under Section I) provided the delivery order dollar value does not exceed the Fast Pay threshold. Payment will be made under Net 30 terms for Direct Buys if Fast Pay is not authorized.

C.16APPLICABILITY: Unless specifically noted otherwise, each aspect of this Performance Work Statement (Section C) applies to an LTC Vendor providing tires in response to a direct buy or GTP Contractor order.

SECTION M

EVALUATION FACTORS

M.1EVALUATION --COMMERCIAL ITEMS

M.1.1All proposals will be evaluated to determine that the offered price(s) are fair and reasonable. Each NSN will be awarded separately, and if one offeror is awarded more than one NSN, all of those NSNs will be awarded under a single contract.

M.1.2An offeror must meet or exceed the minimum requirements of the following factors and sub-factors to be eligible for award:

Material Requirement Factor Delivery Requirement Factor Experience Requirement Factor

See Section M.3 for an explanation of the factors and sub-factors listed above

M.1.3Evaluated Price: The offered price will be evaluated as adjusted by price related evaluation factors identified in this solicitation and, if indicated, the following: UCF SECTION - L EVALUATION OF OFFERS FOR INDEFINITE DELIVERY TYPE SOLICITATIONS (July 2017)

M.1.3.1All or None CLINs: The Government's estimated ADQ on CLINs, the annual evaluated price shall be the offered price multiplied by the Governments estimated ADQ for that CLIN (as specified on Attachment B-2). The total overall evaluated price is determined by the sum of the annual evaluated prices of the 3 base years.

Subjective judgment on the part of the Government evaluators is implicit throughout this source selection. Each factor and sub- factor will be assigned a rating of “Acceptable” or “Unacceptable” based on whether the proposal meets the basic minimum requirements described in M.3. A rating of acceptable shall be required in all factors and sub-factors in order to be considered for award. “Acceptable” is defined as meeting the RFP requirements; “Unacceptable” is defined as not meeting the RFP requirements.

M.2BASIS FOR AWARD

M.2.1All or None CLINs: Award(s) will be made on an all-or-none basis for each CLIN. Each “All or None” CLIN will be awarded to the LPTA offeror.

M.2.1.1The Government will request a price on each CLIN from each offeror. The Government's request for final proposal revisions will establish a minimum delivery order quantity by CLIN. Each offeror may then update their pricing proposals accordingly for their final proposal revision. Lowest price will be determined by comparing the evaluated price for each CLIN for all offers having an acceptable minimum order quantity. An acceptable minimum order quantity will be equal to or less than the Government specified minimum delivery order quantity. Any offer which requires award of a quantity exceeding the Government's specified minimum delivery order quantity will be deemed unacceptable and will not be considered for award. See also FAR 52.216-19.

M.2.1.2In the event the Government receives two technically acceptable proposals for the same CLIN at the same price, the Government will make an award to the offeror with the shortest delivery. If delivery times are the same, award will be made to the offeror whose quote was received by email first (as determined by the email indicating the time/ date of receipt).

M.2.2The contract award document will identify the allocation of requirements awarded for the All or None CLINs.

M.2.3Unless expressly stated otherwise in the offeror's proposal, by submitting a proposal in response to this solicitation, the offeror represents it is submitting a binding offer to support the requirements of this

PAGE 11 OF 24 PAGES

solicitation.

M.2.4Notice of Acceptance. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall not automatically result in a binding contract without further action by either party. Any proposed contract is not binding upon either party until it is also signed by the Contracting Officer, and a copy is delivered back to the awardee.

M.3EVALUATION CRITERIA FOR TECHNICAL ACCEPTABILITY

M.3.1PART ONE - COMMODITY CRITERIA:

M.3.1.1Material Requirement: The offeror must propose to provide the EXACT item requested by the Government as indicated under the item descriptions in Attachment B-1. If the offeror is not proposing to provide the EXACT item requested by the Government for an NSN, the offeror will not be eligible for award, unless the proposed item or items is/are added to Attachment B-1 by Amendment prior to the date set for Final Proposal Revisions (FPR). If the offeror is not identified as an approved source in the item description, the Government may require the offeror to submit traceability documentation to the Contracting Officer. Failure to provide the required documentation within the stated timeframe may result in rejection of the offer. The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled or contract may be terminated for cause/default, as applicable. (See DLA Procurement Note C03.)

M.3.1.2Delivery Requirement: The offeror must propose a delivery timeframe for each NSN that meets the government's delivery requirements as indicated in Attachment B-2 of the solicitation.

M.3.2PART TWO - CONTRACTOR CRITERIA:

M.3.2.1Experience Requirement: The Government will evaluate the offeror's Work Experience. The offeror will be evaluated as Acceptable when the following minimum experience requirements are met:

M.3.2.1.1Work Experience is evaluated as Acceptable when the offeror demonstrates having experience manufacturing and/ or distributing similar types and quantities of tires within the last five calendar years for 36 consecutive months.

*** Tailored Clause ***

DLAD 52.211-9024 SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS TAILORED (MAY 2013)

(a) Products delivered under this contract shall be manufactured/cured/assembled to ensure that a minimum of forty-two

(42) months of shelf-life is remaining at time of receipt by the Government or GTP Contractor.

(b) Marking or labeling shall reflect these data.

(c) Supplies received by the Government or GTP Contractor with less than forty-two (42) months shelf-life remaining will be considered to be nonconforming within the meaning of the Inspection Clause.

(d) Tires shall be delivered to the specified delivery location of the GTP Contractor (or to the Government’s specified delivery point if a Direct-Buy) within eighteen (18) months of being manufactured.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 24 PAGES

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.

Part 12 Clauses

CLAUSES ADDED TO PART 12 BY ADDENDUM

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021) FAR

As prescribed in 4.2004 , insert the following clause:

(a) Definitions. As used in this clause -- Covered article means any hardware, software, or service that --

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means --

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from --

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand;

model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), including in all subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

https://www.acquisition.gov/far/part-4 https://dibnet.dod.mil https://dibnet.dod.mil

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 24 PAGES

SPE7M1-23-Q-0642

Part 12 Clauses (CONTINUED)

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (JAN 2023) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023) DFARS

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN

2023) DFARS

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) FAR

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (MAR 2023)

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR

52.216-18 ORDERING (AUG 2020) FAR

As prescribed in 16.506(a), insert the following clause:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

As prescribed in 16.506(b), insert a clause substantially the same as follows:

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with…