SPE1C114R0006.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000018962

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE1C1-14-R-0006

5. SOLICITATION NUMBER

2014 APR 02

6. SOLICITATION ISSUE

DATE

Eugenia BODNAR PCPQCBA

a. NAME

Phone: 215-737-2297

b. TELEPHONE NUMBER (No Collect calls)

2014 MAY 01

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE1C1

DLA TROOP SUPPORT

C AND T SUPPLY CHAIN

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

315990NAICS:

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

62PAGE 1 OF

05:00 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)

CONTINUED ON NEXT PAGE

IMPORTANT NOTICE:

SPECIAL MEASUREMENT REQUIREMENTS:

--FOB DESTINATION

--DESTINATION: VARIOUS

--INSPECTION AND ACCEPTANCE AT DESTINATION

--DELIVERY DUE 30 DAYS AFTER ISSUANCE OF DELIVERY ORDER.

--SHIPMENTS REQUIRED BY FASTEST, TRACEABLE CARRIER.

--TRACKING INFORMATION MUST BE INPUTTED IN BLOCK 23 OF DD250.

ADDITIONAL REMARKS:

1) TO REQUEST PATTERNS USE THE FOLLOW LINIK: http://www.troopsupport.dla.mil/Portal/Authenticated/SpecReq.aspx

2) REFER TO THE SOLICITATION'S ATTACHMENTS FOR:

--PATTERN FIGURES 1-10 AND,

-- ITEM SPECIFICATION.

YOU MUST DOWNLOAD THE SOLICITATION'S ATTACHMENTS SEPARATELY. IF YOU ARE UNABLE TO VIEW THIS SOLICITATION'S

ATTACHMENTS CONTACT THE CONTRACT SPECIALIST FOR ASSISTANCE.

EUGENIA BODNAR, CONTRACT SPECIALIST

EMAIL: EUGENIA.BODNAR@DLA.MIL

PHONE: 215-737-2297

3) PAST PERFORMANCE EVALUATION WILL NOT INCLUDE THE DELIVERY OF PRIOR SPECIAL MEASUREMENT DELIVERY ORDERS.

PAGE 3 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE1C1-14-R-0006

Form

CAUTION NOTICE

Offers are cautioned that ALL components must be of domestic origin in compliance with clause 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013), as contained on pages 33 of this solicitation.

This solicitation includes domestic preference requirements as identified in the Berry Amendment.

With regard to your offer under this solicitation, and any amendments thereto, the offeror shall confirm, in writing, compliance with the following:

Section 833 of the National Defense Authorization Act for Fiscal Year 2006 added language to 10 U.S. C. 2533a, requiring that all articles or items of "clothing", including the materials and components thereof, purchased by the Department of Defense be grown, reprocessed, reused, or produced in the United States, other than sensor, electronics or other items added to, and not normally associated with, clothing (and the materials and components thereof).

Very Important: The vendor must certify their agreement to these terms by signing the certifications located on page 62 of this solicitation.

CAUTION NOTICE – C&T ELECTRONIC INVOICING

CAUTION NOTICE - C&T ELECTRONIC INVOICING (MAR 2013) DLA TROOP SUPPORT

The Directorate of Clothing and Textiles (C&T) requires electronic invoicing on all contracts unless another method is mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

UTILIZATION OF WIDE AREA WORKFLOW - RECEIPTS AND ACCEPTANCE (WAWF-RA) IN CONJUNCTION WITH DFARS 252.232-7003, Electronic Submission of Payment Requests.

The Directorate of Clothing and Textiles utilizes VIM-ASAP, which is short for DLA Virtual Item Manager ARN Supply- Chain Automated Processing, to transmit data to WAWF-RA. VIM-ASAP is the only authorized method to electronically process requests for payment to WAWF-RA for the Directorate of Clothing and Textiles. VIM-ASAP will give you visibility of contract information, track production status and print labels. VIM-ASAP pre-populates contract data on your invoices, such as unit price, contract numbers, item numbers, addresses, and many other fields that will save you labor and time.

Advanced Shipment Notifications (ASNs) associated with DFARS clause 252.211-7006, Radio Frequency Identification are sent via VIM-ASAP to WAWF-RA processes.

Please contact the VIM-ASAP help desk at 888-940-7348 to get started today!

For questions about invoice preparation, just call the DFAS Customer Service Resource Center at 1-800-756-4571, or Check out these resources:

http://www.dfas.mil/contractorsvendors.html ...under the "Contractor/Vendor Pay" link.

http://www.dfas.mil/ecommerce/wawf/info.html... information regarding bill paying process and how to use Wide Area Workflow http://www.dfas.mil/ecommerce/myInvoice/gettingstarted.html myInvoice is an interactive web application developed specifically for contractors/vendors and government/military employees to obtain invoice status. It is available 24/7.

Patient Protection and Affordable Health Care Act Please note that the Patient Protection and Affordable Health Care Act ("the Act"), 124 Stat. 119, imposes duties upon employers concerning the provision of health care to their employees. Health insurance costs, including any costs associated with compliance with changes in the applicable law, are the sole responsibility of the offeror. Offerors are advised that their proposals should include any costs associated with the implementation of the Act. Any changes in health coverage costs and/or costs associated with compliance, occurring after award of a contract pursuant to this solicitation will not form the basis for an equitable adjustment of the contract price.

PAGE 4 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

http://www.dfas.mil/contractorsvendors.html http://www.dfas.mil/ecommerce/wawf/info.html http://www.dfas.mil/ecommerce/myInvoice/gettingstarted.html

E-Verify program

Pursuant to FAR clause 52.222-54 vendors are required to enroll in the E-Verify program within thirty days after the date of a contract award and comply with all terms of the clause. In addition, vendors are required to provide evidence of their enrollment in the E-verify program to the contracting officer within 30 days after the date of a contract award.

NOTICE TO OFFERORS

Proposals will be evaluated for both technical merit and price reasonableness following the evaluation procedures in this solicitation. In order to provide full consideration of your qualification for contract award, you are encouraged to ensure that the information furnished in support of your technical proposal is factual, accurate and complete.

The Department of Defense (DoD) is committed to applying “Best Value” contracting as a means to rely on industry for timely delivery of quality products, while reducing the Government’s administrative costs associated with contractor oversight. To this end, we are evaluating factors in addition to price under this solicitation. Since effective production and quality control practices translate into better quality products, fewer delinquencies, reduced administrative costs and lower overall costs to the Government, we will be using your Technical Proposal to assess the efficiency of your production methods and the effectiveness of your quality control procedures. Moreover, those offerors who consistently demonstrate an ability to deliver on time while consistently improving the quality of the products they produce will receive more favorable consideration than those who do not.

You may provide additional technical information you believe will enhance you proposal; however, overly elaborate presentations are not desired.

Failure to provide the information requested may render the offeror’s proposal technically unacceptable.

The Government reserves the right to verify the information provided for evaluation purposes.

Offerors are required to submit a technical proposal consisting of the following technical evaluation factors:

Product Demonstration Model (PDM) Past Performance/Experience Socioeconomic Support

The technical proposal must be received with the price proposal. Both must be received on or before the time set forth for solicitation closing. The technical proposal shall not contain any discussion of, or reference to price. Plans will be evaluated to determine compliance with all characteristics listed for evaluation in Section 52.212-2. Failure to furnish this information by the closing time specified in the solicitation may be cause for rejection if not otherwise acceptable under the provisions for considering late offers.

IT IS ESSENTIAL THAT ALL OFFERORS READ AND UNDERSTAND THIS NOTICE:

This solicitation requires submission of Product Demonstration Models (PDM) at time of closing as specified in this document. The purpose of the PDM is to demonstrate the offeror’s ability to translate from the specification to an actual end item. This will also confirm the offeror’s degree of understanding of the requirements of the specification and solicitation. The PDM is considered to be the most important factor because it will demonstrate the offeror’s capability to produce the end item free of defects and in accordance with the Specification, Commercial Item Description or Purchase Description. Consequently, this solicitation will permit only an initial submission of the PDM with the offeror’s proposal at the time and date of initial closing of the solicitation; offerors will not be given the opportunity to present subsequent submissions to correct deficiencies noted in the Government’s evaluation of initial PDMs. Therefore, it is imperative that offerors put forth their best effort in constructing this PDM. Any correction to the PDM will not be permitted and will not be accepted by the Government.

An offeror’s PDM will be rated only one time – after initial submission with no opportunity for subsequent evaluations or

PAGE 5 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

submissions by the offeror. In any resulting contract, only the specifications, standards, patterns, drawings, etc. cited in the contract will control contract compliance.

FAILURE TO SUBMIT A PDM WILL CAUSE THE OFFEROR’S ENTIRE PROPOSAL TO BE REJECTED.

NOTICE TO DLA SUPPLIERS

This solicitation contains DFARS clause 252.211-7006, Radio Frequency Identification (SEP 2011). This clause requires the successful awardee(s) to affix passive RFID tags, at the case and palletized unit load levels. The successful awardee(s) is also required to electronically submit advance shipment notices to DOD, to permit association of the passive RFID tag data with the corresponding shipment.

Procurement Technical Assistance Centers (PTACS) are available to deliver passive RFID assistance to DOD suppliers.

See http://www.dla.mil/db/procurem.htm to identify your local PTAC and obtain information on upcoming workshops and other training/outreach services.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449 – CONTINUATION SHEET

1. Block 8 Offer Due Date/Local Time: _01 MAY 2014-5:00 PM Eastern Standard Time

2. Block 9 (continued)

Mailed offers should be sent to:

DLA Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No: ___SPE1C1-14-R-0006___ Opening/Closing Date and Time: 02 APRIL 2014 / 01 MAY 2014-5:00 PM Eastern Standard Time

Hand carried Offers should be delivered to:

DLA Troop Support Business Opportunities Office Building 36, 2nd Floor 700 Robbins Avenue Philadelphia, PA 19111-6667

Solicitation No: ___SPE1C1-14-R-0006___

Opening/Closing Date and Time: : 02 APRIL 2014 / 01 MAY 2014-5:00 PM Eastern Standard Time [Examples of Hand carried Offers include: In-Person delivery by contractor; or Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier; or USPS Express Mail, USPS Certified Mail.]

Note: All hand carried offers are to be delivered 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 address 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.

PAGE 6 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

http://www.dla.mil/db/procurem.htm

Facsimile offers are not authorized.

Offers submitted to any other telephone number shall not be considered for award.

3. Block 17a: Offeror’s assigned DUNS Number:____________________________.

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

Offeror’s CAGE Code: ____________________________.

4. Block 17b: Remittance Address: (if different from Contractor/Offeror address in block 17a.)

(Note: The Government will mail checks to this 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)(24)).

Continuation of Blocks 19-24:

SCHEDULE OF SUPPLIES/SERVICES (continued)

The Government intends to award a single Indefinite Delivery, Indefinite Quantity (IDIQ) Type Contract from this solicitation with a Base and four (4) Option periods. Delivery orders will be placed against the Basic Contract via separate Form DD 1155.

Option Terms. Offerors are required to submit offers on both the Base and Option periods. Acceptance of the Option provisions contained herein is mandatory (see Clause 52.217-9 and 52.217-5). Exercise of the Option Term(s) is at the sole discretion of the Government.

INSPECTION AND ACCEPTANCE AT ORIGIN

FOB DESTINATION. Prices are to be based on F.O.B. Destination basis only.

Destination:

VSTN

SD0119

Peckham Vocational Industries Navy & CG Recruit Clothing 3PL 5408 W. Grand River Avenue Bldg A Lansing, MI 48906

Best Value Source Selection. Tradeoff process will be utilized for this procurement. Offers will be evaluated independently based on the requirements of the solicitation. For this solicitation, Product Demonstration Models (1 sample size), Past Performance and Socioeconomic Support will be considered in addition to price.

Annual Estimated Quantities (AEQ). Annual Estimated Quantities refers to the Government’s good faith estimate of the requirements for each item during a specified contract year.

Maximum Contract Limitation. Notwithstanding any other provision or clauses included elsewhere in this solicitation, PAGE 7 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

the maximum dollar amount that may be obligated against this contract is $40,000,000.00

Offerors are reminded to complete all applicable representations and certifications appearing in FAR 52.212-3 section of this solicitation. In addition, all offerors must complete annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov.

PAGE 8 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

http://orca.bpn.gov/

5. Continuation of Blocks 19-24:

SCHEDULE OF SUPPLIES/SERVICES (continued)

All prices are to be entered on the chart below. Failure to offer on the Base and all Options will result in rejection of the entire offer. No award will be made for less than the full requirements shown in this solicitation for these items or groups, in accordance with 52-215-9010 ALL OR NONE (INVITATION FOR BID (IFB)/REQUEST FOR

PROPOSAL (RFP) ONLY) (NOV 2011) DLAD.

NSN ITEM TERM

UNIT

PRICE

EACH AEQ COST PER TERM

8401-01-619-1072(s)

COVERALL, UTILITY, CLASS I, TYPE II, FIRE

RESISTANT, BLUE 3384 BASE 135,000

OPTION 1 135,000

OPTION 2 135,000

OPTION 3 135,000

OPTION 4 135,000

ANNUAL ESTIMATED QUANTITY (AEQ): 135,000 UNITS OF ISSUE

ANNUAL MINIMUM GUARANTEED QUANTITY: 54,000 UNITS OF ISSUE

ANNUAL MAXIMUM QUANTITY: 168,750 UNITS OF ISSUE

NSN ITEM TERM

UNIT

PRICE

EACH AEQ COST PER TERM

8405 000CVL729 SPECIAL MEASUREMENT BASE 200

OPTION 1 200

OPTION 2 200

OPTION 3 200

OPTION 4 200

ANNUAL ESTIMATED QUANTITY (AEQ): 200 UNITS OF ISSUE

PAGE 9 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

PAGE 10 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(Coveralls FRV PGC 03963)

SECTION C- DESCRIPTION/SPECIFICATION

Coveralls, Utility, Flame Resistant, Type II, Class 1 Blue STANDARD SAMPLE OF CLOTH, TWILL, COTTON (FLAME RETARDANT TREATED) NAVY SHADE BLUE

3384, IS AVAILABLE FOR SHADE ONLY UNDER PIECE NO. 13165

Coveralls shall be made in accordance with A-A-55095A, Dated January 12, 2004

Standard sample for button Navy shade Dark Blue 501 is available.

Pattern Date: 5 September 2013

THE FOLLOWING INTERIM CHANGES APPLY TO A-A-55095A:

1., Delete and substitute:

“1. SCOPE. This commercial item description covers the requirement for two types of general purpose coveralls;

non-flame resistant and flame resistant.”

2.1, Lines 1 through 3, delete and substitute:

“2.1 Types and classes. The coveralls will be available in the following types and classes:

Type I – Non-flame resistant Type II – Flame resistant Class 1 - Blue Color A – 3329, cotton and polyester blend fibers Color B – 3384, 100% cotton fibers Class 2 - Green 3454”.

2.2, Lines 2 through 8, delete and substitute:

Length Size Extra Short 34 36 38 40 42 Short 34 36 38 40 42 44 46 Regular 34 36 38 40 42 44 46 48 50 52 54 56 Long 36 38 40 42 44 46 48 50 52 54 Extra-Long 36 38 40 42 44 46 48 50 52 54 Extra -xtra Long 36 38 40 42 44 46 48 50 52 54 Extra-Extra-Extra Long 40 Extra-Extra-Extra-Extra Long

3.1, Lines 1 through 5, delete first sentence and substitute “The Type I and Type II coveralls (see Figures 1 through

10) shall have long sleeves with adjustable cuffs; two breast pockets with flaps, two hip pockets; one with a flap and one without a flap; two front patch pockets without flaps; a two piece upper back with a single pleat in each panel at the waistband, a waistband with belt loops, for the Type I coveralls a pencil slot in the left breast pocket flap and for the Type II Coveralls a pencil slot in the right breast pocket flap, a convertible collar, and a double slider slide fastener fly front, except the Type II coveralls shall have a loop fastener tape over the left breast pocket flap.”

PAGE 11 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Lines 11 through 13, delete sixth sentence and substitute "A gripper type snap fastener shall secure the fly front, and shall be positioned not more than 1/2 inch above the slide fastener tape and centered between scoops of the slide fastener and the finished edge."

3.1.1, Lines 1 through 4, delete first sentence and substitute “The coveralls shall have six pockets, one pocket on each breast with sewn-down flap covering the top of the pocket, on the Type I coveralls the left breast pocket flap shall have a pencil slot (see figure 4), on the Type II coveralls the right breast pocket flap shall have a pencil slot, one pocket on each leg front, caught in the waistband with side of the pocket caught in side seam and one pocket on each back panel just below waistband.

After 3.1.1, add new paragraph:

“3.1.1.1 Loop fastener tape for name patch. The Type II coveralls shall have a loop fastener tape for the name patch which shall be positioned in accordance with Figure 8.”.

3.1.2, Line 2, delete “one centered on each front lower pocket” and substitute “one centered on each front panel”.

3.1.8, Delete and substitute.

“3.1.8 Figures. Figures 1 through 5, 9 and 10 are for informational purposes only. When inconsistencies exist between the written description and Figures 1 through 5, 9 and 10, the written description shall govern. Figures 6, 7, and 8 shall apply.”.

3.2.1, Delete and substitute:

“3.2.1. Basic material. The basic materials for the Types I and II coveralls shall as specified in Table I. The color of the cloth for the Type I, Class 1, Color A coveralls shall be shade Blue 3329. The color of the cloth for the Type I, Class 2 coveralls shall be shade Green 3454. The color of the cloth for the Type II, Class 1, Color B coveralls shall be shade Blue 3384. The yarns for the cloths shall be drawn and evenly spun into singles yarn for both the warp and filling. The cloths shall be singed, desized and mercerized to provide a supple hand. The Type I coveralls’ cloth shall be given a durable crease-resistant finish equal to the standard sample. The Type II coveralls’ cloth shall be given a flame resistant treatment.

TABLE I. Requirements and test methods.

Characteristics Test Method Type I Type II Fiber Content, percent Polyester Cotton

AATCC 20A

65 (± 5) 30 (minimum)

100 (± 2)

Weight, oz./yd² ASTM D3776, Opt. C 5.0 - 6.75 6.5 – 8.5

Yarns per inch (minimum) Warp Filling

ASTM D3775

Breaking Strength, lbs.

(minimum) Warp Filling

ASTM D5034

pH AATCC 81 5.5 - 8.5 5.0 – 8.5 Weave Visual 1/ 2/1 right or left hand twill 3/1 left hand twill

PAGE 12 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Colorfastness (min) Laundering (3 cycles) Perspiration Light

Crocking dry wet

AATCC 61 Test 3A 2/, 3/

AATCC 15 3/

AATCC 16, Opt. 1 or 3 3/, 6/

AATCC 8 7/

Rating 3 4/ Rating 3 4/ Rating 3

Rating 3 Rating 2

Rating 3 5/ Rating 3 5/ Rating 3

Rating 3 Rating 2

Dimensional Stability, per cent, (maximum)

AATCC 135 (1) VA i 3.0 2.0

Tear strength, lbs. (minimum) Warp Filling

ASTM D1424 -

6.0 6.0

Air Permeability, ft3/min/ft² (minimum)

ASTM D737 - 25

Stiffness, in/lbs. (maximum) Warp Filling

ASTM D747

0.010 0.006

Flame Resistance (maximum) Initial:

After flame time, seconds After glow time, seconds Char length, inches Following 25 launderings 8/:

After flame time, seconds After glow time, seconds Char length, inches

ASTM D6413

ASTM D6413, AATCC 135 (1)

VA i

5.0 2.0 5.0

5.0 2.0 5.0

1/ One 6 x 6 inch sample shall be visually examined; the results shall be reported as pass or fail.

2/ The specimen shall be laundered and dried three (3) complete cycles.

3/ AATCC Evaluation Procedure 1 (laundering, perspiration, light).

4/ AATCC Evaluation Procedure 2 (laundering, perspiration). Only the stain on the cotton and polyester fibers of the color transfer cloth shall be evaluated.

5/ AATCC Evaluation Procedure 2 (laundering, perspiration). Only the stain on the cotton fibers of the color transfer cloth shall be evaluated 6/ The specimen shall be exposed to Option 1 for 40 hours or Option 3 for 170 Kilojoules.

7/ AATCC Evaluation Procedure 8 (crocking).

8/ The specimen shall be laundered and dried 25 complete cycles.

3.2.1.1, Delete and substitute:

“3.2.1.1 Visual shade matching. The color and appearance of the dyed and finished cloths shall match the standard sample when viewed using AATCC Evaluation Procedure 9, Option A, under filtered tungsten lamps which approximate artificial daylight D75 illuminant having a correlated color temperature of 7500 (± 200) Kelvin, with illumination of 100 (± 20) foot candles and under incandescent lamplight at 2856 (± 200) Kelvin to determine if it is a good match to the standard.

3.2.1.2 Toxicity. The finished cloth used to fabricate the coveralls shall not present a health hazard and shall show compatibility with prolonged, direct skin contact when tested. Chemicals recognized by the Environmental Protection Agency (EPA) as human carcinogens shall not be used. When required, (see 7.4) an acute dermal irritation study and a skin sensitization study shall be conducted on laboratory animals. When the results of these studies indicate the finished cloth is not a sensitizer or irritant, a Repeat Insult Patch Test shall be performed in accordance with the Modified Draize Procedure. If the requirement can be demonstrated with historical use data, toxicity may not be

PAGE 13 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

required.”.

3.2.2, Line 2, after “conforming to” insert “Type I,”

3.2.6, Lines 1 and 2, delete first sentence and substitute: "The brass slide fastener for the front closure shall be a double slider non-separating, non-reversible, with an automatic lock, open top, and bottom stop.”.

Line 7. After “short pull” insert “with a maximum length of 1 inch”.

3.2.7, Add new paragraph:

“3.2.8 Fastener tape, loop. The loop fastener tape used on the Type II coveralls shall conform to A-A-55126, Class

4. The loop fastener tape shall be 2 x 4 inches, with a tolerance of ± 1/8 inch. The fastener tape shall be a good match to the basic material (3.2.1).

3.3, Line 3, after “opening” insert “to close cuffs”.

3.3, Pattern List, delete and substitute:

Pattern List.

Pattern Part Piece Name Abbreviation Cut Amount

Front Upper Right Side FRT-UPR-RT 1 Front Upper Left Side FRNT-UP-LF 1 Back Upper BACK-UPR 2 Front Lower Left Side FRNT-LWR-L 1 Front Lower Right Side FRNT-LWR-R 1 Back Lower BACK-LWR 2 Top Sleeve TOPSLEEVE 2 Under Sleeve UNDRSLEEVE 2 Front Facing FRONT-FCNG 2 Front Upper Left Type II FRNT-UP-LF-II 1 Breast Pocket Flap Type II BRST-PKFLP-II 2 Finished Breast Pocket Flap Type II F-BRSPKFLP-II Front Patch Pocket FR-PTH-PKT 2 Front Patch Pocket Facing FR-PHPKFAC 2 Breast Pocket BRST-PKT 2 Finished Breast Pocket Alternate BRSTPK-ALT 2 Breast Pocket Flap BRST-PKFLP 2 Hip Pocket HIP-POCKET 2 Hip Pocket Flap HIP-PK-FLP 1 Hip Pocket Alternate HIP-PK-ALT 2 Cuff CUFF 2

Finished Breast Pocket Template F-BRST-PKT - Finished Breast Pocket Alternate F-BRPK-ALT - Finished Breast Pocket Flap F-BRSPKFLP - Finished Hip Pocket F-HIP-PKT - Finished Hip Pocket Flap F-HIPKTFLP -

PAGE 14 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Finished Hip Pocket Alternate F-HPKT-ALT - Waistband WAISTBAND 1 Collar COLLAR 2 Collar Interlining COLLAR-INT 1 Collar Alternate COLLAR-ALT 1 Collar Interlining Alternate CLRINT-ALT 1

1/ As an alternate to the basic material the collar interlining may be cut from ends or finishing seconds.

Pages 6 and 7

3.4, Line 14, Add end of paragraph add “The loop fastener tape shall be edgestitched on all four sides 1/8 (±1/16) inch from the edge, Type II coveralls only.”

3.5, After title, insert “The sizes for the Types I and II coveralls shall have the following abbreviations: The lengths Extra Short, Short, Regular, Long, Extra Long, Extra-Extra Long, Extra-Extra-Extra Long, and Extra-Extra-Extra- Extra Long may be abbreviated as XS, S, R, L ,XL, XXL, 3XL, 4XL."

3.5.1, Line 1, delete “3.5.1 Combination Label. Each coverall shall have a combination” and substitute, “3.5.1 Type I, combination label. Each Type I coveralls shall have a combination”.

Lines 21 and 22, delete “Note:” in its entirety.

Add new paragraph:

“3.5.1.1 Type II, combination label. Each Type II coveralls shall have a combination size, identification and care instruction label positioned 2 (±1/2) inch down the front neckline centered over center back seam on the inside of the coveralls. The label shall be stitched on all four sides. The color of the stitching thread shall match basic material and the stitching shall not go through the printing. The printing shall be legible throughout the life of the coveralls.

The label shall bear the following inscription:

SIZE: 36R (example) STOCK NUMBER: 8405-00-000-0000 (example)

COVERALL, FLAME RESISTANT UTILITY (100% FLAME RESISTANT TREATED COTTON)

CONTRACT NO: SPO100-00-0-0000 (Example)

NAME OF CONTRACTOR:

NAME OF MANUFACTURER (if other than contractor)

CARE INSTRUCTIONS

MACHINE WASH-PERMANENT PRESS CYCLE

WARM WATER (120ºF MAX), DO NOT MIX COLORS

DO NOT USE CHLORINE BLEACH, DO NOT STARCH

TUMBLE DRY WARM SETTING-REMOVE IMMEDIATELY

OR

FOLLOW SHIPBOARD WASH FORMULA II

Pages 8, 9 and 10

3.6, Table II, for size 40, delete and substitute; for size 56 add the following:

CHEST-A

Size XShort Short Regular Long XLong XXLong 3XL 4XL

40 44 44 44 44 44 44 44 44

PAGE 15 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

56 - - 60 - - - - -

SLEEVE INSEAM-B

40 18-1/2 19-1/2 20-1/2 21-1/2 22-1/2 24-1/2 26-1/2 28-1/2

56 - - 20-1/2 - - - - -

LEG INSEAM-C

40 26-1/2 27-1/2 28-1/2 29-1/2 30-1/2 32-1/2 34-1/2 36-1/2

56 - - 30-1/2 - - - - -

CENTER BACK LENGTH-D

40 18-3/4 19-3/4 20-1/2 21-1/4 22 23 24 25

56 - - 23-1/2 - - - - -

HIP-E

40 46 46 46 46 46 46 46 46

56 - - 62 - - - - -

7.2, Lines 6 and 7, Under ASTM International, delete and substitute: (Copies of this document are available online at http://www.astm.org or from ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959) Line 10, delete and substitute: “ASTM D3776 – Standard Test Methods for Mass Per Unit Area (Weight) of Fabric”.

Line 11, delete and substitute: ASTM D5034 - Standard Test Method for Breaking Strength and Elongation of Textile Fabrics (Grab Test)”.

At end of ASTM International section, add new test methods:

“ASTM D737 – Standard Test Method for Air Permeability of Textile Fabrics ASTM D747 - Standard Test Method for Apparent Bending Modulus of Plastics by Means of a Cantilever Beam ASTM D6413 - Standard Test Method for Flame Resistance of Textiles (Vertical Test)”.

Line 13 and 14, under “AATCC” delete and substitute: (Copies of these documents are available from http://www.aatcc.org or AATCC, P. O. Box 12215, Research Triangle Park, NC 27709-2215.)”.

PAGE 16 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE1C1-14-R-0006

http://www.astm.org/ http://www.aatcc.org/

Line 15, Before “AATCC Test Methods” add new entry.

“AATCC Evaluation Procedures

AATCC Evaluation Procedure 1 – Gray Scale for Color Change AATCC Evaluation Procedure 2 – Gray Scale for Staining AATCC Evaluation Procedure 8 – AATCC 9-Step Chromatic Transference Scale AATCC Evaluation Procedure 9 – Visual Assessment of Color Difference of Textiles”.

Line 21, delete and substitute:

“AATCC 81- pH of the Water-Extract from Wet Processed Textiles”.

Line 22, delete “AATCC 150” in its entirety. At end of AATCC Test Methods add new entry:

“AATCC 135 - Dimensional Changes of Fabrics after Home Laundering”.

Line 22, at end of section, add new entry:

“TAYLOR AND FRANCIS GROUP

Repeat Insult Patch Test – Modified Draize Procedure, Principles and Methods of Toxicology (fourth edition) A.

Wallace Hayes (editor), pp 1057 – 1060, 2001

(Copies of this document are available online at http://www.taylorandfrancis.co.uk/ or available from Taylor and Francis Group, Mortimer House, 325 Chestnut Street, Philadelphia, PA 19106)”.

7.3, Lines 2 and 3, delete and substitute:

“General purpose Flame Resistant Non Flame Resistant”.

7.3 add new paragraph:

“7.4 Ordering data. The contract or order should specify the following:

CID document number and any applicable revision.

Product conformance provisions, including inspection levels and acceptable quality levels.

Quantity required.

When toxicity testing is required.

Types, classes, and sizes required.”.

See NEW FIGURES 1-10

DELETE CURRENT "BARCODE LABEL/TAG" REQUIREMENTS AND SUBSTITUTE THE FOLLOWING:

LABEL TAG. EACH ITEM SHALL BE INDIVIDUALLY BAR-CODED WITH A PAPER TAG FOR PERSONAL CLOTHING ITEMS. THE PAPER USED FOR THE TAGS SHALL BE STANDARD BLEACHED SULFATE HAVING A BASIS WEIGHT OF 100 POUNDS WITH A SMOOTH FINISH TO ACCEPT THERMAL TRANSFER AND DIRECT PRINTING. THE TAGS SHALL HAVE A HOLE AND SHALL BE ATTACHED TO EACH ITEM BY A FASTENER, CLEARLY LEGIBLE AND READABLE BY SCANNER. THE BAR CODING ELEMENT SHALL BE A 13 DIGIT NATIONAL STOCK NUMBER (NSN). THERE SHALL BE A 12 DIGIT UNIVERSAL PRODUCT CODE (UPC) ASSIGNED FOR ALL NSNS BY THE GOVERNMENT. THE INITIAL "UPC" MUST APPEAR BENEATH THE CODE.

THE BAR CODES FOR NSN AND UPC SHALL BE A MEDIUM TO HIGH DENSITY AND SHALL BE LOCATED SO THAT THEY ARE COMPLETELY VISIBLE ON THE ITEM WHEN IT IS FOLDED AND PACKAGED AS SPECIFIED.

THE LABEL'S LOCATION SHALL CAUSE NO DAMAGE TO THE ITEM.

NOTE: UNIVERSAL PRODUCT CODE INFORMATION THE GOVERMENT ASSIGNED UNIVERSAL PRODUCT

CODE (UPC) MUST BE PLACED ON ALL SHIPPING CARTONS ON WHICH THE NSN APPEARS.

PAGE 17 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

http://www.taylorandfrancis.co.uk/

THE FOLLOWING DEFECTS APPLY FOR BARCODE LABELS/TAGS:

BAR CODE OMITTED OR NOT READABLE BY SCANNER

HUMAN-READABLE INTERPRETATION (HRI) OMITTED OR ILLEGIBLE

NOT VISIBLE ON FOLDED, PACKAGED ITEM CAUSES DAMAGE TO THE ITEM

NOTE: IF THE END ITEM IS PLACED IN A PLASTIC BAG - USE TYPE VII (PRESSURE SENSTIVE LABEL) OF

MIL-DTL-32075.

IF THE END ITEM IS TIED IN A BUNDLE OR LEFT AS AN INDIVIDUAL ITEM, USE TYPE VIII (TAG, PAPER) OF

MIL-DTL-32075.

MIL-DTL 32075: LABEL FOR CLOTHING, EQUIPAGE,

AND TENTAGE, GENERAL USE REPLACES DDD-L-20

INTERIM SPECIFICATION CHANGES TO MIL-DTL-32075:

PAGE 4, PARA. 3.3.5, AFTER "TYPE III OR IV, CLASS 4 OF" DELETE "DDD-L-20" AND REPLACE "MIL-DTL 32075,".

PAGE 6, TABLE I, "PHYSICAL REQUIREMENTS OF THE

TYPE VI FINISHED LABEL". UNDER "TEARING

STRENGTH" DELETE: "(LB.) MINIMUM" AND

SUBSTITUTE: "(GNS) MINIMUM".

PAGE 12, PARA 3.3.2.17, AFTER "NSN" ADD

"AND THE UNIVERSAL PRODUCT CODE (UPC)

SUPPLIED BY THE GOVERNMENT, FOR ALL NSN"s."

ADDITIONAL INFORMATION FOR MIL-STD-1668:

INTERIM CHANGES TO MIL-STD-1668B ARE AS FOLLOWS:

PAGE III, IN THE FORWARD ADD TO THE BOTTOM OF

THE LIST OF SPECIFICATIONS THAT WILL REFERENCE

THIS STANDARD:"MIL-C-24945 - COVERALLS, FLAME

RESISTANT (COTTON FRONT)"

PAGE 12, TABLE II, CLASSIFICATION OF DEFECTS,

TABLE XIII, LABEL(S) AND SYMBOL(S), DELETE

THE TITLE AND SUBSTITUTE "LABELS/BAR CODE".

AND ADD THE FOLLOWING NEW DEFECTS;

"E. BAR CODE LABEL:

LABEL/TAG

BAR CODE OMITTED OR NOT READABLE BY

SCANNER 1

HUMAN READABLE INTERPRETATION (HRI)

OMITTED OR ILLEGIBLE 1

NOT VISIBLE ON FOLDED, PACKAGED ITEM 1

CAUSES DAMAGE TO THE ITEM 3

Packaging examination. The fully packaged end item shall be examined for the defects listed below. The lot size shall be expressed in units of shipping containers. The sample unit shall be one shipping container fully packaged.

PAGE 18 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

The Inspection level shall be S-2 and the AQL, expressed in terms of defects per hundred units, shall be 2.5.

Examine Defect

Marking Omitted; incorrect; illegible, of (exterior) improper size, location, sequence & Unit Pack, or method of application.

Materials Any component missing, damaged or not as specified.

Workmanship Inadequate application of components, such as: incomplete closure of container flaps, loose strapping, improper taping, or inadequate stapling. Bulged or distorted container.

Contents Number of intermediate containers per shipping container is more or less than required.

Number of items per container is more or less than required.

Palletization examination. The fully packaged and palletized end items shall be examined for the defects listed below. The lot size shall be expressed in units of palletized unit loads. The sample unit shall be one palletized unit load, fully packaged.

The Inspection level shall be S-1 and the AQL, expressed in terms of defects per hundred units, shall be 6.5.

Examine Defect

Finished Length, width or height exceeds specified maximum requirement.

Dimensions

Palletization Pallet pattern not as specified. Interlocking of loads not as specified. Load not bonded with required straps as specified.

Weight Exceeds maximum load limits.

Marking Omitted; incorrect; illegible; of improper size, location, sequence or method of application.

MIL-STD-129P, WITH CHANGE 4 - DEPARTMENT OF DEFENSE STANDARD PRACTICE MILITARY MARKING

FOR SHIPMENT AND STORAGE - DATED

19 SEPTEMBER 2007

INTERIM CHANGES:

OMISSION OF MARKINGS ON EXTERIOR SHIPPING CONTAINERS OF ITEMS

IN THE DLA TROOP SUPPORT CLOTHING AND TEXTILE (C&T) DIRECTORATE:

THE NOMENCLATURE AND MANUFACTURER'S NAME (WHEN THE NAME IDENTIFIES THE MATERIAL)

SHALL BE OMITTED FROM ALL EXTERIOR SHIPPING CONTAINERS OF DLA TROOP SUPPORT C&T ITEMS, REGARDLESS OF MODE OF SHIPMENT.

IF THE MANUFACTURER'S NAME DOES NOT IDENTIFY THE MATERIAL AS BEING CLOTHING, IT MAY REMAIN. NSNS SHALL BE SHOWN ON ALL SHIPPING CONTAINERS OF C&T ITEMS, THE PACKING LIST SHALL BE PLACED INSIDE THE LAST CONTAINER TO BE LOADED FOR EACH SHIPMENT. THE WORDS

PAGE 19 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

"PACKING LIST HERE" SHALL BE STENCILED, NOT HAND LETTERED, ON THE CONTAINER.

MIL-STD-147 IS HEREBY REINSTATED AS FOLLOWS:

MIL-STD-147E DEPARTMENT OF DEFENSE

16 MAY 2008 STANDARD PRACTICE

PALLETIZED UNIT LOADS

STANDARDS (COMMERCIAL)

ASME-MH1 American Society of Mechanical Engineers (ASME) Pallets, Slip Sheets, and Other Bases For Unit Loads, for construction of pallets.

ADDITIONAL INFORMATION FOR ANSI/ASQC Z1.4:

NOTE: THE MOST RECENT VERSION OF THIS DOCUMENT SHOULD BE USED.

APPLICATION FOR COPIES SHOULD BE ADDRESSED TO:

AMERICAN SOCIETY FOR QUALITY

600 NORTH PLANKINTON AVENUE

MILWAUKEE, WISCONSIN 53203

Testing Information:

The color of the test specimen shall match the standard sample viewed using AATCC Evaluation Procedure 9, Option A, with sources simulating artificial daylight D75 illuminant with a color temperature of 7500 (+/- 200)°K, with illumination of 100 (+/- 20) foot candles, and shall be a good match to the standard sample under incandescent lamplight at 2856 (+/- 200)°K.

FOR SHADE TESTING: THE COMPLETED DD FORM 1222 AND THE SWATCHES SHALL BE FORWARDED TO:

DLA

Product Testing Center, DSCC Lab, 700 Robbins Avenue, Philadelphia, Pa. 19111 EMAIL: jamie.hieber@dla.mil

PHONE: 1-215-737-3265

FOR PHYSICAL (NON-SHADE) TESTING: THE CONTRACTOR'S APPROVED QUALIFIED LABORATORY WILL

BE REQUIRED TO FORWARD A COMPLETED TEST REPORT FOR EACH LOT OF COMPONENTS TO THE

ADDRESS BELOW. THE QAR WILL FORWARD THE COMPLETED DD FORM 1222. SAMPLES FOR PHYSICAL

TESTING WILL ONLY BE FORWARDED UPON REQUEST TO:

DLA Product Testing Center Analytical 700 Robbins Avenue Philadelphia, Pa. 19111 Attn: Bldg. 5D

PHONE: 1-215-737-3240

SECTION D – PACKAGING AND MARKING

Case Lot is 24 Coveralls, of one size, type and class only, packed in each carton.

As a minimum item shall be packed in a snug fitting fiberboard shipping container conforming to ASTM-D-5118, Type CF, Style RSC, Grade 275, variety SW, Class domestic, with a double wall liner. Any commercial closure method cited in ASTM-D-1974 is acceptable except stapling.

Packaging shall be as per ASTM-D-3951, MIL-STD-129 with change notice 4, MIL-STD-147. Lot numbering shall be in accordance with MIL-STD-129 AND DSCP-4155.3

ADDITIONAL INFORMATION FOR COMMERCIAL AQL'S:

AQL'S FOR COMMERCIAL ITEM DESCRIPTIONS (CID'S):

VISUAL - GENERAL INSPECTION LEVEL II, AQL - 1.0

DIMENSIONAL - SPECIAL INSPECTION LEVEL S-2, AQL - 2.5

PAGE 20 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

ACCEPTABILITY OF LOTS WILL BE DETERMINED BY THE USE

OF "SAMPLING PROCEDURES AND TABLES FOR INSPECTION BY ATTRIBUTES", ANSI/ASQCZ1.4

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (SEP 2013) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

PAGE 21 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE1C1-14-R-0006

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the…