SP4708-15-R-0001_(15)_01-14_(DRAFT).pdf

SOLICITATION NUMBER: SP4708-15-R-0001

DRAFT

TABLE OF CONTENTS

A. CONTINUATION OF STANDARD FORM 1449

A.1. Block 8

A.2. Block 9

A.3. Block 17a

A.4. Block 17b

A.5. Block 18b

A.6. Blocks 19-24 – Schedule of Supplies/Services

A.6.1. General Information

A.6.2. Supplies

A.6.3. Excluded Items

B. CAUTION NOTICES

B.14. CONTRACTOR CODE OF BUSINESS ETHICS (DEC 2010)

B.15. Next Generation e-Commerce Solution (NGe-Com)

C. CONTRACT CLAUSES

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (MAY 2014)

Addendum to FAR 52.212-4

DLAD 52.212-9000 Changes – Military Readiness (NOV 2011)

DLAD 52.212-9001 Application of Fast Payment to Part 12 Acquisitions

DLAD 52.213-9009 Fast Payment Procedure (APR 2014)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (DEC 2014)

DLAD 52.212-9002 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders Applicable to Defense Acquisitions of Commercial Items (NOV 2014)

FAR 52.211-16 Variation in Quantity (APR 1984)

DLAD 52.215-9017 List of Documents, Exhibits, and Other Attachments (APR 2008)

DLAD 52.211-9023 Substitution of Item after Award (NOV 2011)

DLAD 52.215-9037 Price Reductions (JAN 2014)

DLAD 52.215-9021 Department of Defense (DOD) Electronic Mall (EMALL) Purchasing Reviews

(NOV 2011)

DLAD 52.216-9011 Economic Price Adjustment – Department of Defense (DOD) Electronic Mall

(EMALL) (NOV 2011)

DLAD 52.216-9006 Addition/Deletion of Items. (AUG 2005)

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

FAR 52.252-2 -- Clauses Incorporated by Reference (FEB 1998)

D. STATEMENT OF WORK

D.1. Overview

D.2. Electronic Commerce (eCommerce) Requirements

D.2.1. External Certificate Authority (ECA) Certificate

D.2.2. Order Transmission Types

D.3. Ordering Procedures

D.4. Delivery

D.5. Preservation, Packaging, Packing, Labeling and Marking (PPPL&M)

D.6. Invoicing and Payment

D.6.3. Wide Area Work Flow (WAWF)

D.6.4. Invoice Payment

D.7. DOD EMALL Supplier Catalog Management

D.7.1. Definitions

D.7.2. Supplier Catalogs

D.7.3. DOD EMALL Catalog Loader Template and Instructions

D.7.4. AbilityOne Program

D.7.5. Catalog Change Requests

D.8. Customer Service Requirements

D.9. Contract Administration Data

D.9.2. Performance Metrics

D.10. Special Terms and Conditions

D.11. Attachments

E. SOLITIATION PROVISIONS

FAR 52.212-1, Instructions to Offerors—Commercial Items (APR 2014)

Addendum to FAR 52.212-1

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (DEC 2014)

Addendum to FAR 52.212-3(g)

DFARS 252.225-7020 Trade Agreements Certificate—Basic (NOV 2014)

FAR 52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, Alternate IV (OCT 2010)

DLAD 52.215-9036 Sales Pricing Practices – Commercial Items (JAN 2014)

FAR 52.216-1 -- Type of Contract (APR 1984)

FAR 52.233-2 Service of Protest (SEP 2006)

DLAD 52.233-9001 Disputes—Agreement to Use Alternative Dispute Resolution (NOV 2011)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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A. CONTINUATION OF STANDARD FORM 1449

A.1. Block 8

Offer Due Date/Local Time: Quarterly Last Month Open Periods. “Quarterly Last Month Open

Period” means the last 20 business days (excludes Saturdays, Sundays, and Federal Holidays) of one of the following months: _______, _______, _______, and _______. The time for the receipt of proposals is hereby established as 3:00 P.M. Eastern Time (ET) on the last business day of each

Quarterly Last Month Open Period beginning ______________. This solicitation is for a five-year period. There will be periodic openings and closings throughout the five-year period as depicted in the table below:

YEAR

OPENING

(Date/Month)

CLOSING

(Date/Month)

This solicitation is a standing solicitation from which the Government contemplates award of contracts for various commercial items (see Section A.6.2.1.). The solicitation will remain in effect five years from the issue date or will be replaced by an updated solicitation, whichever comes first. Offerors are requested to submit complete proposals for all requirements, including all certifications, as specified in this solicitation. Proposals may be submitted at any time during the open periods of the solicitation.

Any proposal not received during a Quarterly Last Month Open Period (on or between the Opening Date and its corresponding Closing Date) will not be evaluated and will be returned to the offeror. Federal

Holidays are identified as those established by Federal law (5 U.S.C. 6103) and made available to the

Section A. Continuation of Standard Form 1449 public by the Office of Personnel Management thru the following website: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/.

A.2. Block 9

› Address and Submit “mailed” offers to:

DLA Troop Support

Post Office Box 56667

Philadelphia, PA 19111-6667

Solicitation Number: SP4708-15-R-0001

Opening/Closing Dates and Time: *__________________________

* Upon proposal submission, the offeror shall specify the “Opening/Closing Dates” using the appropriate “Quarterly Last Month Open Period” dates identified in Block 8. The “Time” shall always be depicted as “3:00 P.M./ET”.

› Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

DLA Troop Support

Business Opportunities Office

Bldg. 36, 2 nd

Floor, Room 2035

700 Robbins Avenue

Philadelphia, PA 19111-5092

Solicitation Number: SP4708-15-R-0001

Opening/Closing Dates and Time: *__________________________

* Upon proposal submission, the offeror shall specify the “Opening/Closing Dates” using the appropriate “Quarterly Last Month Open Period” dates identified in Block 8. The “Time” shall always be depicted as “3:00 P.M./ET”.

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and

5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE

OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

2. Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

Initial proposals must be mailed or hand carried to the Business Opportunities Office in accordance with the above instructions. E-mail transmissions are acceptable for discussions and any proposal revisions.

If and when a request for proposal revision is issued, the date and time for receipt of proposal revisions, if applicable, will be designated in that request along with acceptable e-mail address for submissions.

http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/ http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/

A.3. Block 17a

› Offeror’s assigned Data Universal Numbering System (DUNS) Number:_______________

(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items for information on contacting Dun and

Bradstreet.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

A.4. Block 17b

Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

Note: Payment will be made via Electronic Funds Transfer (EFT) to the contractor’s financial institution. The Government will mail checks to the above address only in the event of an Electronic

Funds Transfer (EFT) failure, pursuant to 52.232-33 (which is incorporated by reference at 52.212-

5(b)). The contractor’s electronic address is:

A.5. Block 18b

Detailed line item invoices will be submitted in accordance with the procedures for Invoicing (Section

B.6.3.) to the Defense Finance and Accounting Service’s (DFAS’s) Wide Area Work Flow (WAWF) system.

A.6. Blocks 19-24 – Schedule of Supplies/Services

A.6.1. General Information

A.6.1.1. This solicitation seeks to establish Indefinite Delivery/Indefinite Quantity (IDIQ)

Multiple Award Schedule (MAS) type contracts for various commercially available off-the-shelf

(COTS) items which will be ordered through the DOD EMALL system for delivery to DOD EMALL customers worldwide. DOD EMALL customers include DoD military and non-military customers, the

Defense Logistics Agency (DLA) acting as or on behalf of the customer, and customers of other

Government entities (including Federal, State, and/or Local).

A.6.1.2. Pricing for all contracts awarded as a result of this solicitation shall be Fixed Price with

Economic Price Adjustment (see DLAD 52.216-9011 Economic Price Adjustment – DoD Electronic

Mall (EMALL)).

A.6.1.3. The term of the contracts awarded as a result of this solicitation will be a Base Ordering

Period and four (4) Option Ordering Periods (for a total of five (5) periods of performance). Each of these contract periods shall be for one year, unless otherwise specified in the award document. All contracts awarded as a result of this solicitation shall not exceed 60 months (should all option periods be exercised).

A.6.1.4. A minimum contract dollar value and a maximum contract dollar value shall be calculated for each successful offeror prior to making an award.

A.6.1.5. All items offered in response to this solicitation must be a “Commercially available off-the-shelf (COTS) item” as defined by FAR 2.101. There are no exceptions to this rule. However, this statement does not prohibit items other than COTS from being added to the DOD EMALL system when awarded under a separate agreement or contract that is not the direct result of this solicitation provided that the separate agreement or contract contains all of the terms and conditions required for DOD

EMALL participation. An offeror does not need to have prior sales of an offered COTS item as long as the offeror can demonstrate that the item is “sold in substantial quantities in the commercial marketplace” (which may include sales by other legal business entities).

A.6.2. Supplies

A.6.2.1. The scope of this solicitation is limited to the following subset of the DLA Managed

Federal Supply Classes (FSCs; also referred to as Product Service Codes (PSCs)) and COTS items matching the FSC description:

TABLE A.6.2.1

PSC SHORT NAME

1080 CAMOUFLAGE AND DECEPTION EQUIPMENT

1090 ASSEMBLIES INTERCHANGEABLE BETWEEN WEAPONS IN TWO OR MORE CLASSES

1210 FIRE CONTROL DIRECTORS

1220 FIRE CONTROL COMPUTING SIGHTS AND DEVICES

1240 OPTICAL SIGHTING AND RANGING EQUIPMENT

1250 FIRE CONTROL STABILIZING MECHANISMS

1260 FIRE CONTROL DESIGNATING AND INDICATING EQUIPMENT

1265 FIRE CONTROL TRANSMITTING AND RECEIVING EQUIPMENT, EXCEPT AIRBORNE

1270 AIRCRAFT GUNNERY FIRE CONTROL COMPONENTS

1280 AIRCRAFT BOMBING FIRE CONTROL COMPONENTS

1285 FIRE CONTROL RADAR EQUIPMENT, EXCEPT AIRBORNE

1287 FIRE CONTROL SONAR EQUIPMENT

1290 MISCELLANEOUS FIRE CONTROL EQUIPMENT

1510 AIRCRAFT, FIXED WING

1560 AIRFRAME STRUCTURAL COMPONENTS

1610 AIRCRAFT PROPELLERS AND COMPONENTS

1615 HELICOPTER ROTOR BLADES, DRIVE MECHANISMS AND COMPONENTS

1620 AIRCRAFT LANDING GEAR COMPONENTS

1630 AIRCRAFT WHEEL AND BRAKE SYSTEMS

1640 AIRCRAFT CONTROL CABLE PRODUCTS

1650 AIRCRAFT HYDRAULIC, VACUUM, AND DE-ICING SYSTEM COMPONENTS

1660 AIRCRAFT AIR CONDITIONING, HEATING, AND PRESSURIZING EQUIPMENT

1670 PARACHUTES; AERIAL PICK UP, DELIVERY, RECOVERY SYSTEMS; AND CARGO TIE DOWN EQUIPMENT

1680 MISCELLANEOUS AIRCRAFT ACCESSORIES AND COMPONENTS

1710 AIRCRAFT LANDING EQUIPMENT

1720 AIRCRAFT LAUNCHING EQUIPMENT

1730 AIRCRAFT GROUND SERVICING EQUIPMENT

1740 AIRFIELD SPECIALIZED TRUCKS AND TRAILERS

TABLE A.6.2.1 CONTINUED

PSC SHORT NAME

1820 SPACE VEHICLE COMPONENTS

1830 SPACE VEHICLE REMOTE CONTROL SYSTEMS

1840 SPACE VEHICLE LAUNCHERS

1850 SPACE VEHICLE HANDLING AND SERVICING EQUIPMENT

1860 SPACE SURVIVAL EQUIPMENT

2010 SHIP AND BOAT PROPULSION COMPONENTS

2020 RIGGING AND RIGGING GEAR

2030 DECK MACHINERY

2040 MARINE HARDWARE AND HULL ITEMS

2050 BUOYS

2060 COMMERCIAL FISHING EQUIPMENT

2090 MISCELLANEOUS SHIP AND MARINE EQUIPMENT

2230 RIGHT-OF-WAY CONSTRUCTION AND MAINTENANCE EQUIPMENT, RAILROAD

2240 LOCOMOTIVE AND RAIL CAR ACCESSORIES AND COMPONENTS

2250 TRACK MATERIAL, RAILROAD

2410 TRACTOR, FULL TRACKED, LOW SPEED

2420 TRACTORS, WHEELED

2430 TRACTORS, FULL TRACKED, HIGH SPEED

2510 VEHICULAR CAB, BODY, AND FRAME STRUCTURAL COMPONENTS

2520 VEHICULAR POWER TRANSMISSION COMPONENTS

2530 VEHICULAR BRAKE, STEERING, AXLE, WHEEL, AND TRACK COMPONENTS

2540 VEHICULAR FURNITURE AND ACCESSORIES

2541 WEAPONS SYSTEMS SPECIFIC VEHICULAR ACCESSORIES

2590 MISCELLANEOUS VEHICULAR COMPONENTS

2805 GASOLINE RECIPROCATING ENGINES, EXCEPT AIRCRAFT; AND COMPONENTS

2810 GASOLINE RECIPROCATING ENGINES, AIRCRAFT PRIME MOVER; AND COMPONENTS

2815 DIESEL ENGINES AND COMPONENTS

2820 STEAM ENGINES, RECIPROCATING; AND COMPONENTS

2825 STEAM TURBINES AND COMPONENTS

2830 WATER TURBINES AND WATER WHEELS; AND COMPONENTS

2835 GAS TURBINES AND JET ENGINES; NON-AIRCRAFT PRIME MOVER, AIRCRAFT NON-PRIME MOVER, AND COMPONENTS

2840 GAS TURBINES AND JET ENGINES, AIRCRAFT, PRIME MOVING; AND COMPONENTS

2845 ROCKET ENGINES AND COMPONENTS

2850 GASOLINE ROTARY ENGINES AND COMPONENTS

2895 MISCELLANEOUS ENGINES AND COMPONENTS

2910 ENGINE FUEL SYSTEM COMPONENTS, NONAIRCRAFT

2915 ENGINE FUEL SYSTEM COMPONENTS, AIRCRAFT AND MISSILE PRIME MOVERS

2920 ENGINE ELECTRICAL SYSTEM COMPONENTS, NONAIRCRAFT

2925 ENGINE ELECTRICAL SYSTEM COMPONENTS, AIRCRAFT PRIME MOVING

2930 ENGINE COOLING SYSTEM COMPONENTS, NONAIRCRAFT

2935 ENGINE SYSTEM COOLING COMPONENTS, AIRCRAFT PRIME MOVING

2940 ENGINE AIR AND OIL FILTERS, STRAINERS, AND CLEANERS, NONAIRCRAFT

2945 ENGINE AIR AND OIL FILTERS, CLEANERS, AIRCRAFT PRIME MOVING

2950 TURBOSUPERCHARGER AND COMPONENTS

2990 MISCELLANEOUS ENGINE ACCESSORIES, NONAIRCRAFT

2995 MISCELLANEOUS ENGINE ACCESSORIES, AIRCRAFT

3110 BEARINGS, ANTIFRICTION, UNMOUNTED

3120 BEARINGS, PLAIN, UNMOUNTED

3130 BEARINGS, MOUNTED

3210 SAWMILL AND PLANING MILL MACHINERY

3220 WOODWORKING MACHINES

3230 TOOLS AND ATTACHMENTS FOR WOODWORKING MACHINERY

3405 SAWS AND FILING MACHINES

3408 MACHINING CENTERS AND WAY-TYPE MACHINES

3410 ELECTRICAL AND ULTRASONIC EROSION MACHINES

3411 BORING MACHINES

3412 BROACHING MACHINES

3413 DRILLING AND TAPPING MACHINES

3414 GEAR CUTTING AND FINISHING MACHINES

3415 GRINDING MACHINES

3416 LATHES

PSC SHORT NAME

3417 MILLING MACHINES

3418 PLANERS AND SHAPERS

3419 MISCELLANEOUS MACHINE TOOLS

3422 ROLLING MILLS AND DRAWING MACHINES

3424 METAL HEAT TREATING AND NON-THERMAL TREATING EQUIPMENT

3426 METAL FINISHING EQUIPMENT

3431 ELECTRIC ARC WELDING EQUIPMENT

3432 ELECTRIC RESISTANCE WELDING EQUIPMENT

3433 GAS WELDING, HEAT CUTTING, AND METALIZING EQUIPMENT

3436 WELDING POSITIONERS AND MANIPULATORS

3438 MISCELLANEOUS WELDING EQUIPMENT

3439 MISCELLANEOUS WELDING, SOLDERING, AND BRAZING SUPPLIES AND ACCESSORIES

3441 BENDING AND FORMING MACHINES

3442 HYDRAULIC AND PNEUMATIC PRESSES, POWER DRIVEN

3443 MECHANICAL PRESSES, POWER DRIVEN

3444 MANUAL PRESSES

3445 PUNCHING AND SHEARING MACHINES

3446 FORGING MACHINERY AND HAMMERS

3447 WIRE AND METAL RIBBON FORMING MACHINES

3448 RIVETING MACHINES

3449 MISCELLANEOUS SECONDARY METAL FORMING AND CUTTING MACHINES

3450 MACHINE TOOLS, PORTABLE

3455 CUTTING TOOLS FOR MACHINE TOOLS

3456 CUTTING AND FORMING TOOLS FOR SECONDARY METALWORKING MACHINERY

3460 MACHINE TOOL ACCESSORIES

3461 ACCESSORIES FOR SECONDARY METALWORKING MACHINERY

3465 PRODUCTION JIGS, FIXTURES, AND TEMPLATES

3470 MACHINE SHOP SETS, KITS, AND OUTFITS

3510 LAUNDRY AND DRY CLEANING EQUIPMENT

3520 SHOE REPAIRING EQUIPMENT

3530 INDUSTRIAL SEWING MACHINES AND MOBILE TEXTILE REPAIR SHOPS

3540 WRAPPING AND PACKAGING MACHINERY

3550 VENDING AND COIN OPERATED MACHINES

3590 MISCELLANEOUS SERVICE AND TRADE EQUIPMENT

3605 FOOD PRODUCTS MACHINERY AND EQUIPMENT

3610 PRINTING, DUPLICATING, AND BOOKBINDING EQUIPMENT

3611 INDUSTRIAL MARKING MACHINES

3615 PULP AND PAPER INDUSTRIES MACHINERY

3620 RUBBER AND PLASTICS WORKING MACHINERY

3625 TEXTILE INDUSTRIES MACHINERY

3630 CLAY AND CONCRETE PRODUCTS INDUSTRIES MACHINERY

3635 CRYSTAL AND GLASS INDUSTRIES MACHINERY

3640 TOBACCO MANUFACTURING MACHINERY

3645 LEATHER TANNING AND LEATHER WORKING INDUSTRIES MACHINERY

3650 CHEMICAL AND PHARMACEUTICAL PRODUCTS MANUFACTURING MACHINERY

3655 GAS GENERATING AND DISPENSING SYSTEMS, FIXED OR MOBILE

3660 INDUSTRIAL SIZE REDUCTION MACHINERY

3670 SPECIALIZED SEMICONDUCTOR, MICROCIRCUIT, AND PRINTED CIRCUIT BOARD MANUFACTURING MACHINERY

3680 FOUNDRY MACHINERY, RELATED EQUIPMENT AND SUPPLIES

3685 SPECIALIZED METAL CONTAINER MANUFACTURING MACHINERY AND RELATED EQUIPMENT

3690 SPECIALIZED AMMUNITION AND ORDNANCE MACHINERY AND RELATED EQUIPMENT

3693 INDUSTRIAL ASSEMBLY MACHINES

3694 CLEAN WORK STATIONS, CONTROLLED ENVIRONMENT, AND RELATED EQUIPMENT

3695 MISCELLANEOUS SPECIAL INDUSTRY MACHINERY

3910 CONVEYORS

3915 MATERIALS FEEDERS

3920 MATERIAL HANDLING EQUIPMENT, NONSELF-PROPELLED

3930 WAREHOUSE TRUCKS AND TRACTORS, SELF-PROPELLED

3940 BLOCKS, TACKLE, RIGGING, AND SLINGS

3950 WINCHES, HOISTS, CRANES, AND DERRICKS

3960 FREIGHT ELEVATORS

PSC SHORT NAME

3990 MISCELLANEOUS MATERIALS HANDLING EQUIPMENT

4010 CHAIN AND WIRE ROPE

4020 FIBER ROPE, CORDAGE, AND TWINE

4030 FITTINGS FOR ROPE, CABLE, AND CHAIN

4110 REFRIGERATION EQUIPMENT

4120 AIR CONDITIONING EQUIPMENT

4130 REFRIGERATION AND AIR CONDITIONING COMPONENTS

4140 FANS, AIR CIRCULATORS, AND BLOWER EQUIPMENT

4150 VORTEX TUBES AND OTHER RELATED COOLING TUBES

4210 FIRE FIGHTING EQUIPMENT

4220 MARINE LIFESAVING AND DIVING EQUIPMENT

4230 DECONTAMINATING AND IMPREGNATING EQUIPMENT

4235 HAZARDOUS MATERIAL SPILL CONTAINMENT AND CLEAN-UP EQUIPMENT AND MATERIAL

4240 SAFETY AND RESCUE EQUIPMENT

4250 RECYCLING AND RECLAMATION EQUIPMENT

4310 COMPRESSORS AND VACUUM PUMPS

4320 POWER AND HAND PUMPS

4330 CENTRIFUGALS, SEPARATORS, AND PRESSURE AND VACUUM FILTERS

4510 PLUMBING FIXTURES AND ACCESSORIES

4520 SPACE AND WATER HEATING EQUIPMENT

4530 FUEL BURNING EQUIPMENT UNITS

4540 WASTE DISPOSAL EQUIPMENT

4610 WATER PURIFICATION EQUIPMENT

4620 WATER DISTILLATION EQUIPMENT, MARINE AND INDUSTRIAL

4630 SEWAGE TREATMENT EQUIPMENT

4710 PIPE, TUBE AND RIGID TUBING

4720 HOSE AND FLEXIBLE TUBING

4730 HOSE, PIPE, TUBE, LUBRICATION, AND RAILING FITTINGS

4810 VALVES, POWERED

4820 VALVES, NONPOWERED

4910 MOTOR VEHICLE MAINTENANCE AND REPAIR SHOP SPECIALIZED EQUIPMENT

4920 AIRCRAFT MAINTENANCE AND REPAIR SHOP SPECIALIZED EQUIPMENT

4921 TORPEDO MAINTENANCE, REPAIR, AND CHECKOUT SPECIALIZED EQUIPMENT

4923 DEPTH CHARGES AND UNDERWATER MINES MAINTENANCE, REPAIR, AND CHECKOUT SPECIALIZED EQUIPMENT

4925 AMMUNITION MAINTENANCE, REPAIR, AND CHECKOUT SPECIALIZED EQUIPMENT

4927 ROCKET MAINTENANCE, REPAIR AND CHECKOUT SPECIALIZED EQUIPMENT

4930 LUBRICATION AND FUEL DISPENSING EQUIPMENT

4931 FIRE CONTROL MAINTENANCE AND REPAIR SHOP SPECIALIZED EQUIPMENT

4933 WEAPONS MAINTENANCE AND REPAIR SHOP SPECIALIZED EQUIPMENT

4935 GUIDED MISSILE MAINTENANCE, REPAIR, AND CHECKOUT SPECIALIZED EQUIPMENT

4940 MISCELLANEOUS MAINTENANCE AND REPAIR SHOP SPECIALIZED EQUIPMENT

4960 SPACE VEHICLE MAINTENANCE, REPAIR, AND CHECKOUT SPECIALIZED EQUIPMENT

4970 MULTIPLE GUIDED WEAPONS, SPECIALIZED MAINTENANCE AND REPAIR SHOP EQUIPMENT

5210 MEASURING TOOLS, CRAFTSMEN'S

5220 INSPECTION GAGES AND PRECISION LAYOUT TOOLS

5280 SETS, KITS, AND OUTFITS OF MEASURING TOOLS

5305 SCREWS

5306 BOLTS

5307 STUDS

5310 NUTS AND WASHERS

5315 NAILS, MACHINE KEYS, AND PINS

5320 RIVETS

5325 FASTENING DEVICES

5330 PACKING AND GASKET MATERIALS

5331 O-RING

5335 METAL SCREENING

5340 HARDWARE, COMMERCIAL

5342 HARDWARE, WEAPON SYSTEM

5345 DISKS AND STONES, ABRASIVE

5350 ABRASIVE MATERIALS

5355 KNOBS AND POINTERS

PSC SHORT NAME

5360 COIL, FLAT, LEAF, AND WIRE SPRINGS

5365 BUSHINGS, RINGS, SHIMS, AND SPACERS

5410 PREFABRICATED AND PORTABLE BUILDINGS

5411 RIGID WALL SHELTERS

5419 COLLECTIVE MODULAR SUPPORT SYSTEM

5420 BRIDGES, FIXED AND FLOATING

5430 STORAGE TANKS

5440 SCAFFOLDING EQUIPMENT AND CONCRETE FORMS

5445 PREFABRICATED TOWER STRUCTURES

5450 MISCELLANEOUS PREFABRICATED STRUCTURES

5510 LUMBER AND RELATED BASIC WOOD MATERIALS

5520 MILLWORK

5530 PLYWOOD AND VENEER

5610 MINERAL CONSTRUCTION MATERIALS, BULK

5620 TILE, BRICK AND BLOCK

5630 PIPE AND CONDUIT, NONMETALLIC

5640 WALLBOARD, BUILDING PAPER, AND THERMAL INSULATION MATERIALS

5650 ROOFING AND SIDING MATERIALS

5660 FENCING, FENCES, GATES AND COMPONENTS

5670 BUILDING COMPONENTS, PREFABRICATED

5675 NONWOOD CONSTRUCTION LUMBER AND RELATED MATERIALS

5680 MISCELLANEOUS CONSTRUCTION MATERIALS

5805 TELEPHONE AND TELEGRAPH EQUIPMENT

5810 COMMUNICATIONS SECURITY EQUIPMENT AND COMPONENTS

5811 OTHER CRYPTOLOGIC EQUIPMENT AND COMPONENTS

5815 TELETYPE AND FACSIMILE EQUIPMENT

5820 RADIO AND TELEVISION COMMUNICATION EQUIPMENT, EXCEPT AIRBORNE

5821 RADIO AND TELEVISION COMMUNICATION EQUIPMENT, AIRBORNE

5825 RADIO NAVIGATION EQUIPMENT, EXCEPT AIRBORNE

5826 RADIO NAVIGATION EQUIPMENT, AIRBORNE

5830 INTERCOMMUNICATION AND PUBLIC ADDRESS SYSTEMS, EXCEPT AIRBORNE

5831 INTERCOMMUNICATION AND PUBLIC ADDRESS SYSTEMS, AIRBORNE

5835 SOUND RECORDING AND REPRODUCING EQUIPMENT

5836 VIDEO RECORDING AND REPRODUCING EQUIPMENT

5840 RADAR EQUIPMENT, EXCEPT AIRBORNE

5841 RADAR EQUIPMENT, AIRBORNE

5845 UNDERWATER SOUND EQUIPMENT

5850 VISIBLE AND INVISIBLE LIGHT COMMUNICATION EQUIPMENT

5855 NIGHT VISION EQUIPMENT, EMITTED AND REFLECTED RADIATION

5860 STIMULATED COHERENT RADIATION DEVICES, COMPONENTS, AND ACCESSORIES

5865 ELECTRONIC COUNTERMEASURES, COUNTER-COUNTERMEASURES AND QUICK REACTION CAPABILITY EQUIPMENT

5895 MISCELLANEOUS COMMUNICATION EQUIPMENT

5905 RESISTORS

5910 CAPACITORS

5915 FILTERS AND NETWORKS

5920 FUSES, ARRESTORS, ABSORBERS, AND PROTECTORS

5925 CIRCUIT BREAKERS

5930 SWITCHES

5935 CONNECTORS, ELECTRICAL

5940 LUGS, TERMINALS, AND TERMINAL STRIPS

5945 RELAYS AND SOLENOIDS

5950 COILS AND TRANSFORMERS

5955 OSCILLATORS AND PIEZOELECTRIC CRYSTALS

5960 ELECTRON TUBES AND ASSOCIATED HARDWARE

5961 SEMICONDUCTOR DEVICES AND ASSOCIATED HARDWARE

5962 MICROCIRCUITS, ELECTRONIC

5963 ELECTRONIC MODULES

5965 HEADSETS, HANDSETS, MICROPHONES AND SPEAKERS

5970 ELECTRICAL INSULATORS AND INSULATING MATERIALS

5975 ELECTRICAL HARDWARE AND SUPPLIES

5977 ELECTRICAL CONTACT BRUSHES AND ELECTRODES

PSC SHORT NAME

5980 OPTOELECTRONIC DEVICES AND ASSOCIATED HARDWARE

5985 ANTENNAS, WAVEGUIDES, AND RELATED EQUIPMENT

5990 SYNCHROS AND RESOLVERS

5995 CABLE, CORD, AND WIRE ASSEMBLIES: COMMUNICATION EQUIPMENT

5996 AMPLIFIERS

5998 ELECTRICAL AND ELECTRONIC ASSEMBLIES, BOARDS, CARDS, AND ASSOCIATED HARDWARE

5999 MISCELLANEOUS ELECTRICAL AND ELECTRONIC COMPONENTS

6105 MOTORS, ELECTRICAL

6110 ELECTRICAL CONTROL EQUIPMENT

6115 GENERATORS AND GENERATOR SETS, ELECTRICAL

6116 FUEL CELL POWER UNITS, COMPONENTS, AND ACCESSORIES

6117 SOLAR ELECTRIC POWER SYSTEMS

6120 TRANSFORMERS: DISTRIBUTION AND POWER STATION

6125 CONVERTERS, ELECTRICAL, ROTATING

6130 CONVERTERS, ELECTRICAL, NONROTATING

6135 BATTERIES, NONRECHARGEABLE

6140 BATTERIES, RECHARGEABLE

6145 WIRE AND CABLE, ELECTRICAL

6150 MISCELLANEOUS ELECTRIC POWER AND DISTRIBUTION EQUIPMENT

6160 MISCELLANEOUS BATTERY RETAINING FIXTURES, LINERS AND ANCILLARY ITEMS

6210 INDOOR AND OUTDOOR ELECTRIC LIGHTING FIXTURES

6220 ELECTRIC VEHICULAR LIGHTS AND FIXTURES

6230 ELECTRIC PORTABLE AND HAND LIGHTING EQUIPMENT

6240 ELECTRIC LAMPS

6250 BALLASTS, LAMPHOLDERS, AND STARTERS

6260 NONELECTRICAL LIGHTING FIXTURES

6310 TRAFFIC AND TRANSIT SIGNAL SYSTEMS

6320 SHIPBOARD ALARM AND SIGNAL SYSTEMS

6330 RAILROAD SIGNAL AND WARNING DEVICES

6340 AIRCRAFT ALARM AND SIGNAL SYSTEMS

6350 MISCELLANEOUS ALARM, SIGNAL, AND SECURITY DETECTION SYSTEMS

6820 DYES

6840 PEST CONTROL AGENTS AND DISINFECTANTS

6850 MISCELLANEOUS CHEMICAL SPECIALTIES

6910 TRAINING AIDS

6920 ARMAMENT TRAINING DEVICES

6930 OPERATION TRAINING DEVICES

6940 COMMUNICATION TRAINING DEVICES

7310 FOOD COOKING, BAKING, AND SERVING EQUIPMENT

7320 KITCHEN EQUIPMENT AND APPLIANCES

7330 KITCHEN HAND TOOLS AND UTENSILS

7340 CUTLERY AND FLATWARE

7350 TABLEWARE

7360 SETS, KITS, OUTFITS AND MODULES, FOOD PREPERATION AND SERVING

8105 BAGS AND SACKS

8110 DRUMS AND CANS

8115 BOXES, CARTONS, AND CRATES

8120 COMMERCIAL AND INDUSTRIAL GAS CYLINDERS

8125 BOTTLES AND JARS

8130 REELS AND SPOOLS

8135 PACKAGING AND PACKING BULK MATERIALS

8140 AMMUNITION AND NUCLEAR ORDNANCE BOXES, PACKAGES AND SPECIAL CONTAINERS

8145 SPECIALIZED SHIPPING AND STORAGE CONTAINERS

8150 FREIGHT CONTAINERS

8405 OUTERWEAR, MEN'S

8410 OUTERWEAR, WOMEN'S

8415 CLOTHING, SPECIAL PURPOSE

8420 UNDERWEAR AND NIGHTWEAR, MEN'S

8425 UNDERWEAR AND NIGHTWEAR, WOMEN'S

8430 FOOTWEAR, MEN'S

8435 FOOTWEAR, WOMEN'S

PSC SHORT NAME

8440 HOSIERY, HANDWEAR, AND CLOTHING ACCESSORIES, MEN'S

8445 HOSIERY, HANDWEAR, AND CLOTHING ACCESSORIES, WOMEN'S

8450 CHILDREN'S AND INFANTS' APPAREL AND ACCESSORIES

8455 BADGES AND INSIGNIA

8460 LUGGAGE

8465 INDIVIDUAL EQUIPMENT

8475 SPECIALIZED FLIGHT CLOTHING AND ACCESSORIES

9110 FUELS, SOLID

9150 OILS AND GREASES: CUTTING, LUBRICATING, AND HYDRAULIC

9160 MISCELLANEOUS WAXES, OILS, AND FATS

9505 WIRE, NONELECTRICAL

9510 BARS AND RODS

9515 PLATE, SHEET, STRIP, FOIL, AND LEAF

9520 STRUCTURAL SHAPES

9525 WIRE, NONELECTRICAL, NONFERROUS BASE METAL

9530 BARS AND RODS, NONFERROUS BASE METAL

9535 PLATE, SHEET, STRIP, AND FOIL; NONFERROUS BASE METAL

9540 STRUCTURAL SHAPES, NONFERROUS BASE METAL

9545 PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL

A.6.2.2. Descriptions of the Product Service Codes/Federal Supply Classes listed in the table above can be found at one of the following websites:

https://www.dibbs.bsm.dla.mil/refs/fsc.aspx http://www.dlis.dla.mil/H2/search.aspx

A.6.3. Excluded Items

A.6.3.1. It is the Offeror’s responsibility to exclude the following from the proposal and associated catalog:

• Mandatory source items; items that compete with AbilityOne and UNICOR

(see FAR 8.602 and 8.700 Policy, and FAR 8.603 and 8.704 Purchase Priorities)

• Non-COTS items (see FAR Subpart 2.101 Definitions, “Commercially available off-the-shelf

(COTS) item”)

• Non-DLA type items or items not falling within the scope of the listing above at B.1.

• DLA Managed National Stock Numbers (NSNs)

• Items requiring Government Source Inspection

• Services

• Surplus Items or Surplus material (see DLAD 11.301)

• Ammunition

• Tires (TACOM managed)

• Items not in accordance with the Trade Agreements Act (see DFARS 252.225-7021) and other Authorization Acts, Appropriations Acts, and Other Statutory Restrictions on Foreign

Acquisition (see DFARS 225.70) including the “Berry Amendment” (see DFARS 225.7002-

1, as implemented by 10 U.S.C. 2533a; see also DFARS 252.225-7012 and DFARS 252.225-

7015).

A.6.3.2. Offers failing to comply with the exclusions above may be rejected. Offerors may re-submit a corrected proposal as long as the solicitation remains open.

DRAFT

https://www.dibbs.bsm.dla.mil/refs/fsc.aspx http://www.dlis.dla.mil/H2/search.aspx

A.6.3.3. Offered items that are considered to be “Essentially the Same” (ETS) as those listed on the AbilityOne Procurement List of products are considered excluded items. The AbilityOne

Procurement List can be viewed at http://abilityone.org/work_with_us/procurement.html. A listing of

ETS-type items can be viewed at http://www.abilityone.gov/distributors/potential.html. All vendors are subject to a formal ETS review conducted by AbilityOne personnel.

A.6.3.4. Any item offered in response to this solicitation that has an assigned NSN will be removed from the offeror’s catalog and will not be loaded to the DOD EMALL system unless the DOD

EMALL Contracting Office receives a prior request or authorization from the cognizant DLA Supply

Chain or Program Office responsible for managing the NSN to add the NSN to DOD EMALL.

A.6.3.5. Offers containing items that require Government source inspection will be removed, but may be added to the DOD EMALL system under separate agreement or contract that has been entered into outside of this solicitation provided that the separate agreement or contract contains all of the terms and conditions required for DOD EMALL participation.

A.6.3.6. Offerors are reminded that DFARS Clause 252.225-7012, Preference for Certain

Domestic Commodities (JUN 2010) and DFARS Clause 252.225-7021, Trade Agreements (JUN 2011) apply to this solicitation.

[END OF SECTION]

http://abilityone.org/work_with_us/procurement.html http://www.abilityone.gov/distributors/potential.html

B. CAUTION NOTICES

B.1. As America’s Combat Logistics Support Agency, the Defense Logistics Agency (DLA) provides effective and efficient worldwide support to Warfighters and our other customers. We receive guidance from the Deputy Under Secretary of Defense (Logistics and Materiel Readiness), and as a statutory

Combat Support Agency we report to the Chairman, Joint Chiefs of Staff and the Combatant Commands in providing worldwide logistics support to deployed forces. DLA is responsible for sourcing and providing most of the repair parts and virtually all fuel and troop support consumable items used by our military forces. We also procure Service-managed depot-level repair items. In addition, DLA provides a broad array of supporting supply chain management services, including storage and distribution, reutilization or disposal of surplus military assets, managing Defense strategic materials, providing catalogs and other logistics information, and supplying a wide range of document services. We support

U.S. allies through Foreign Military Sales and are a vital contributor whenever this country undertakes humanitarian relief efforts at home or abroad. We provide human resources management and workforce development services to other DOD components.

B.2. Our values are DLA’s foundation for all we do. They provide our guiding principles as we accomplish our mission, pursue our vision, and strive to do what is right for the Armed Forces and DoD:

Warfighter needs guide us

Integrity defines us

Diversity strengthens us

Excellence inspires us

B.3. The Department of Defense Electronic Mall (DOD EMALL) is a web-based online ordering platform meant to provide a full service e-Commerce site to find and acquire finished goods and services from the commercial marketplace and government sources for the Department of Defense and other

State and Federal agencies.

B.4. This solicitation is being issued as part of a Multiple Award Schedule (MAS) Program using the guidance of FAR Part 8 for all ordering procedures. The MAS program is designed to provide logistic support that empowers the customer to select the product that best meets their mission needs using best value ordering procedures.

B.5. All items offered in response to this solicitation must be a “Commercially available off-the-shelf

(COTS) item” as defined by FAR 2.101. See Section A.6.3.1 of this solicitation for a complete listing of all excluded items, including items with assigned National Stock Numbers (NSNs) and items requiring

Government Source Inspection.

B.6. This solicitation applies to Government facilities worldwide. Offerors may provide pricing for

Contiguous United States (CONUS) delivery; Alaska, Hawaii and Puerto Rico (AHP) delivery; and

Outside Contiguous United States (OCONUS) delivery.

B.7. Offerors are required to provide with their offers a list of contracts (commercial and/or government) performed within the last two years as detailed in Section E, Addendum to 52.212-1, Subparagraph

(b)(10)(ii) of this solicitation.

Section B. Caution Notices

B.8. Offerors are required to submit their past year’s history of sales to DoD and to other Federal

Government entities as detailed on Section E, Addendum to 52.212-1, Subparagraph (b)(10)(iii) and

FAR 52.215-20 of this solicitation with your offer.

B.9. Offerors are required to provide an Electronic Commerce (“EC”) Implementation Plan as detailed

Section E, Addendum to 52.212-1, Subparagraph (b)(4)(v) of this solicitation.

B.10. Offerors are required to submit other than cost and pricing data in accordance with FAR 52.215-

20 Requirements For Information Other Than Cost and Pricing Data (Oct 1997), Alternative IV (Oct

1997) of this solicitation.

B.11. An initial assessment of all proposals submitted prior to the closing date and time will be performed within a reasonable amount of time after offers are retrieved from the Business Opportunities

Office to determine completeness. The proposals will be reviewed in order of receipt and compared to the checklist found in Section E, Addendum to 52.212-1, Subparagraph (g)(3) of this solicitation. Upon evaluation of the proposal, the Contracting Officer will make a determination as to whether the offeror has an understanding of the solicitation requirements sufficient enough to move forward. If the

Contracting Officer determines that the offeror has not demonstrated an understanding of the solicitation requirements, he/she may determine the proposal to be non-compliant and may return the proposal without further evaluation.

B.12. Minimum Surge Requirements. The DOD EMALL Contracting Office intends to partner with the contractors in supporting deploying units. DOD EMALL may be used as a vehicle for the rapid acquisition of essential supplies to respond to DoD wartime, contingency or humanitarian operations.

Surge as used in this solicitation is the ability of the industrial base to meet accelerated delivery requirements with existing industrial base capabilities across the spectrum of contingencies. This includes both the capability to ramp-up quickly to meet early requirements as well as sustain this increased pace throughout the conflict. Recognizing the unique requirements of the DoD and its national security roles, those contractors offering items required to support surge requirements will be requested to participate when the actual requirements are known.

B.13. DFARS Clause 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) and

DFARS Clause 252.225-7021, Trade Agreements (JUN 2011) apply to this solicitation.

B.14. CONTRACTOR CODE OF BUSINESS ETHICS (DEC 2010)

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. 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).

The solicitation or contract includes FAR Clause 52.203-13, Contractor Code of Business Ethics and

Conduct contained elsewhere in the solicitation. 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 violation of the False Claims Act (31 U.S.C 3729-3733).

B.15. Next Generation e-Commerce Solution (NGe-Com)

B.15.1. Under the auspices of the Office of the Secretary of Defense (OSD), Defense Procurement and Acquisition Policy (DPAP), DLA is pursuing NGe-Com to serve as a technology refresh to its legacy system. DLA has partnered with the General Services Administration (GSA) Federal Acquisition

Service (FAS) to develop a single Government Electronic Mall to provide one-stop shopping for GSA and DoD customers, which may become a “Federal Mall”, or “FedMall” (note: this effort was previously referred to as “DOD EMALL 2.0”). The NGe-Com effort is expected to provide the government with a cost effective way to address current and future user needs by providing industry best practices, enhanced system performance, flexibility, and scalability. The chosen solution will be able to do this while also improving the user experience to provide more of a commercial look and feel, and may be in its Full Deployment (FD) phase of development as early as the end of the third quarter of

Fiscal Year (FY) 2015. Given this aggressive timeline and the overall complexity of this effort, it is anticipated that there will be an integrated concurrent approach to development and deployment.

B.15.2. The new system resulting from the NGe-Com effort will offer current and new functionality that may include, but not be limited to: the ability to support purchases of a variety of goods and services under different terms and conditions; capability to promote preferred sources; real-time order tracking and status; Vendor Dynamic Pricing (new policy pending); open interface standards supporting vendor-managed catalogs (new policy pending); the ability to support Reverse Auctions (see DLAD 52.215-

9023); capability for customers to provide reviews on vendors and products; new messaging features; a mobile-ready application; and et cetera. Some functionality of the new system is dependent upon policy changes, which may or may not be established at the time of FD.

B.15.3. Current DOD EMALL contractors, including those awarded contracts resulting from this solicitation, may be required to agree to new terms and conditions prior to transitioning to the system developed as a result of the NGe-Com effort (see B.17. and B.18.). Any new terms and conditions may be modified into the existing contract in accordance with FAR 52.212-4(c) “Contract Terms and

Conditions – Commercial Items”.

B.16. The DLA does not warrant the accuracy, completeness, or timeliness of information provided through DOD EMALL. Support contractors to the DLA and the DoD EMALL shall not be held liable for loss or damages resulting from information provided through the DOD EMALL.

B.17. The DLA reserves the right to change the terms and conditions for participation in the DOD

EMALL. Vendors will be notified of such changes at least 15 calendar days prior to implementing changes that impact vendor participation.

B.18. Vendors may request termination of their DOD EMALL contract at no cost to the

Government via written request to the contracting officer. If approved by the contracting officer, the request will result in a termination of the contract for the convenience of the Government at no cost to the Government.

B.19. Participation in the DOD EMALL is not transferable.

B.20. In November 2014, The DOD EMALL Contracting Office was moved from DLA Logistics

Information Service (DLIS) to the DLA Contracting Services Office – Philadelphia (DCSO-P). Please review all Sections of this Solicitation, as terms and conditions, including the manner in which proposals are to be submitted and evaluated, have been updated.

C. CONTRACT CLAUSES

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (MAY 2014) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of

Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to FAR 52.212-4

The following paragraph of 52.212-4 are amended as indicated below:

Paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the

Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the

Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

DLAD 52.212-9000 Changes – Military Readiness (NOV 2011)

The commercial changes clause at Federal Acquisition Regulation (FAR) 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a contingency operation or a humanitarian or peace keeping operation, as defined below, the Contracting Officer may, by written order, change 1) the method of shipment or packing, and 2) the place of delivery. If any such change causes an increase in the cost of, or the time required for performance, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The Contractor must assert its right to an adjustment within 30 days from the date of receipt of the modification.

“Contingency operation” means a military operation that-is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or results in the call or order to, or retention on, active duty of members of the uniformed services under 10

United States Code (U.S.C.) 688, 12301(a), 12302, 12304, 12305, or 12406, chapter 15 of U.S.C., or https://www.acquisition.gov/far/index.html

Section C. Contract Clauses any other provision of law during a war or during an national emergency declared by the President or

Congress (10 U.S.C. 101(a)(13)).

“Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or

VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259(d)(2)(B)).

(End of Clause)

DLAD 52.212-9001 Application of Fast Payment to Part 12 Acquisitions

This acquisition is being conducted using Federal Acquisition Regulation (FAR) Part 12, Acquisition of

Commercial Items. FAR 52.213-1, Fast Payment, applies. The terms and conditions in 52.213-1 take precedence over paragraphs (a), (j), (n), (o) and (p) of the clause at FAR 52.212-4.

DLAD 52.213-9009 Fast Payment Procedure (APR 2014)

When the contract or order includes Federal Acquisition Regulation (FAR) 52.213-1, Fast Payment

Procedure, the following terms and conditions are included.

(a) The following statement shall appear on the consignee’s copy of the invoice or packing slip:

Consignee’s notification to purchasing activity of nonreceipt, damage, or nonconformance

The consignee shall notify the purchasing office promptly after the specified date of delivery of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Unless extenuating circumstances exist, the notification should be made not later than 60 days after the specified date of delivery.

(b) Free on board (f.o.b.) terms are in accordance with FAR 52.213-1. Invoices shall be submitted directly to the finance office designated elsewhere in this order or in the basic contract, or in the case of unpriced purchase orders, to the Contracting Officer.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items (DEC 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL

2013) (Pub. L. 109- 282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (PUB. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN

2014) (PUB. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL

2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (NOV 2011) of 52.219-3.

__ (12)(i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

__ (ii) Alternate I (NOV 2011).

__ (iii) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (OCT 2001) of 52.219-9.

(iii) Alternate II (OCT 2001) of 52.219-9.

__ (iv) Alternate III (OCT 2014) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011)(15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran- Owned Small Business Set-Aside (NOV

2011) (15 U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women- Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

(25) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O.

13126).

(27) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

(28) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(29) 52.222-35, Equal Opportunity for Veterans (JUL 2014)(38 U.S.C. 4212).

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

__ (33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(35)(i)52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.

13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-13.

__…