SPE2DH18Q0142.PDF
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
WK4FV172931030
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
SPE2DH-18-Q-0142
6. SOLICITATION ISSUE
DATE
2017 NOV 30
a. NAME
Ebonie Foskey DEF0006
b. TELEPHONE NUMBER (No Collect calls)
Phone: 215-737-0756
8. OFFER DUE DATE/
LOCAL TIME
2017 DEC 07
9. ISSUED BY CODE SPE2DH
DLA TROOP SUPPORT
MEDICAL SUPPLY CHAIIN FSH
700 ROBBINS AVENUE
PHILADELPHIA PA 19111
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
NAICS: 339113
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
09:00 AM
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE ADDENDUM
EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED
COMPLETE PARTIAL FINAL
STANDARD FORM 1449 (REV. 2/2012) BACK
36. PAYMENT
PARTIAL FINAL
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42b. RECEIVED AT (Location)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 50 PAGES
SPE2DH-18-Q-0142
CONTINUED ON NEXT PAGE
The provisions/clauses as indicated in the DLA Master Solicitation for Solicitations {version 41 dated October 5, 2017 } and resulting awards are hereby applicable and incorporated by reference. The Master Solicitation can be found on the Web at http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. Please also reference additional clauses included on latter pages of the subject order.
NOTE - The below list of clauses are a part of the DLA Master Solicitation with respect to this requirement, however they are being highlighted below for their importance with respect to completion of the order successfully:
FAR 52.211-16 - VARIATION IN QUANTITY
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (DEVIATION 2016-O0001)(DEC 2015) DFARS 252.204-7012 (Oct 2016) Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS
Procurement Notes C01, C03, C03, E05, H04, L01, L04, L06, L08, L09 and M06 apply to this acquisition and also can be found at http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx The following clauses are also hereby included, applicable and incorporated by reference as noted below in addition to those within the DLA Master Solicitation notation as stated above:
FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT
FAR 52.207-04 ECONOMIC PURCHASE QUANTITY
FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTING CORPORATIONS
FAR 52.225-18 Place of Manufacture (March 2015) DFARS 252.242-7005 Contractor Business Systems (Feb 2012) Since the Automaster is not covering some of the previously covered clauses that were imbedded in this master clause...............thus I am advising in additions and incorporation of the following clause breakdown additions by dollar value with respect to 52.212-5:
A) Procurements between $.5000 and $.10000 - within 52.212-5, incorporate by reference checking an "X" next to the following clauses (solicitation and award):
FAR 52.219-28 Post-Award Small Business Representation - when Contract is performed in US or outlying areas and buy is over $.3k – MANUALLY INCORPORATED BY REFERENCE WITHIN FAR 52.212-5) – Note - this clause is in Automaster already as a stand alone.
FAR 52.222-3 - Convict Labor - any buy >$.5,000 – (MANUALLY INCORPORATED BY
REFERENCE WITHIN FAR 52.212-5)
FAR 52.222-19-Child Labor – any buy >$.5,000 – (MANUALLY INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
FAR 52.225-13 Restrictions of certain Foreign Purchases >$.5,000 (MANUALLY
INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) (31 U.S.C. 3332). (MANUALLY INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
B) Procurements between $.10000 and $.25000 - within 52.212-5, incorporate by reference checking an "X" next to the following clauses (solicitation and award):
FAR 52.219-28Post-Award Small Business Representation - when Contract is performed in US or outlying areas and buy is over $.3k – MANUALLY INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
– Note - this clause is in Automaster already as a stand alone.
FAR 52.222-3 - Convict Labor - any buy >$.5,000 – (MANUALLY INCORPORATED BY REFERENCE
WITHIN FAR 52.212-5)
FAR 52.222-19 -Child Labor – any buy >$.5,000 – (MANUALLY INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
FAR 52.222-21- Prohibition of Segregated facilities – >$.10,000 AND if material is manufactured within the US (Domestically)(MANUALLY INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
FAR 52.222-26 - Equal Opportunity - buys >$.10,000 AND if material is manufactured within the US (Domestically)(MANUALLY INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
FAR 52.222-36 - Affirmative Action for workers with Disabilities – for buys >$.15,000 AND if material is manufactured within the US (Domestically) – (MANUALLY INCORPORATED BY REFERENCE WTIHIN FAR 52.212-5) – clause is in Automaster
FAR 52.225-13 Restrictions of certain Foreign Purchases >$.5,000 (MANUALLY
INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 50 PAGES
FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) (31 U.S.C. 3332). (MANUALLY INCORPORATED BY REFERENCE WITHIN FAR 52.212-5)
Clauses between $.10,000 and $.25000 not part of 52.212-5 for addition:
FAR 52.222-20 - CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $.15,000 –
(MIL UNIQUE ONLY)
DFARS 252.225-7000 BAA--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (SOLICITATION ONLY)
C) Procurements between $.25,000 AND $.30000 - ALL LISTINGS IN PART B ABOVE PLUS THE BELOW:
DFARS 252.225-7036, ALT I - BUY AMERICAN ACT—FREE TRADE AGREEMENT IMP ACT--BALANCE OF PMTS PROG, ALT I WHEN USED:(SOLICITATIONS AND AWARDS Use CLAUSE WITH 252.225-7036 when the estimated value equals or exceeds $.25,000 but is less than $.77,494) – ALREADY IN AUTOMASTER – DO NOT NEED
TO CITE.
DFARS 252.225-7036 Alt II – 7036 Buy American – Free Trade Agreements – Balance of Payments Program (Dec 2012) Alternate II WHEN USED: Use with basic clause if estimated value exceeds $.100K and acquisition is of end product support of Afghanistan….ENTER MANUALLY IN DOC BUILDER
DFARS 252.225-7036 Buy American – Free Trade Agreements – Balance of Payments Program (Dec 2012) Alternate III (Jun 2012) WHEN USED: Use with the basic clause when the estimated value equals or exceeds $.25,000, but is less than $.77,494, and the acquisition is of end products in support of operations in Afghanistan. (ENTER MANUALLY IN DOC BUILDER)
D) PROCUREMENTS BETWEEN $.30,000 AND $.50,000 - ALL LISTINGS IN PART B AND C ABOVE PLUS THE BELOW:
FAR 52.209-06 - PROTECTING THE GVT INTEREST WHEN SUB WITH DEBARRED KR (MANUALLY INCORPORATED
BY REFERENCE WITHIN FAR 52.212-5)
E) PROCUREMENTS BETWEEN $.50,000 and $.100, 000 - ALL LISTINGS IN PART B, C AND D ABOVE PLUS THE BELOW:
PROCUREMENT NOTE L09 – (FORMERLY KNOWN AS DLAD 52.215-9023)REVERSE AUCTION (RA) – (SOLICITATION ONLY)
DFARS 252.225-7036BUY AMERICAN ACT—FREE TRADE AGREEMENT IMP ACT--BALANCE OF PMTS PROG (SOLICITATION AND AWARDS listed at DFARS 225.401-70, when the estimated value equals or exceeds $.100,000, but less than $.191,000 and Free Trade Agreement applies.) – ALREADY IN
AUTOMASTER – DO NOT NEED TO CITE
DFARS 252.225-7036 (Dec 2016) Buy American – Free Trade Agreements – Balance of Payments Program – Alt IV Applies to solicitations and contracts when the estimated value equals or exceeds $.77,533 but is less than $.100,000, except if the acquisition is of end products in support of operations in Afghanistan – (ALREADY IN AUTOMASTER – DO NOT NEED TO CITE).
F) PROCUREMENTS BETWEEN $.100,000 AND $.150,000 - ALL LISTINGS IN PART B, C, D AND E ABOVE PLUS THE BELOW:
FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010) – MANUALLY
INCORPORATED BY REFERENCE WITHIN FAR 52.212-5
FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010) – MANUALLY INCORPORATED
BY REFERENCE WITHIN FAR 52.212-5
Please note that RapidGate is currently a requirement for access to some military bases;
however, these and other locations may require enrollment in other security programs at some time in the future. In this event, the contractor is responsible for obtaining all required enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement.
Many bases currently require enrollment in RapidGate and will not allow entry without RapidGate clearance. During the contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate or another security program is required for access to each location. If RapidGate or other security enrollment is required, CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 50 PAGES the contractor must take all necessary steps to obtain this in time for the start of performance under this contract. Failure to have RapidGate clearance may result in a vendor being turned away from the base and being unable to complete delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $.250 per company and $.200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If more than one driver is required, RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor will be able to deliver as required.
For additional information regarding RapidGate, including enrollment instructions, please visit their website at www.rapidgate.com, 1-877-RAPIDGate.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 50 PAGES
SUPPLIES/SERVICES: 6530-01-654-0062
ITEM DESCRIPTION:
CONTAINER, THERMAL, BLOOD TRANSPORT
GOLDEN MINUTE CONTAINER INCLUDES INSULATED INNER
BOX INSIDE A NYLON OUTER POUCH WITH CARRIER
FOR EASY ATTACHMENT TO PERSONNEL HARNESS.
ALL NYLON ITEMS ARE MULTICAM IN COLOR.
HOLDS 2 UNITS OF WHOLE BLOOD.
UNIT OF ISSUE: EACH (EA)
RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS
(IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE
DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB
AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR
SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE
SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE
ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE
APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON
REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT
RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
BIDDER: PLEASE SPECIFY SOURCE AND PART
NUMBER BEING SUPPLIED.
ADEQUATE DATA FOR THE EVALUATION OF
ALTERNATE OFFERS IS NOT AVAILABLE AT
THE PROCUREMENT AGENCY. THE OFFEROR
MUST PROVIDE A COMPLETE DATA PACKAGE
INCLUDING DATA FOR THE APPROVED
AND ALTERNATE PART FOR EVALUATION.
THIS ITEM IS NOT REGULATED BY THE FDA.
NSN 6530-01-654-0062, 11/29/2017
Pelican Biothermal LLC DBA 3XXF7 P/N 00041
TRIBALCO, LLC DBA 4AYB1 P/N TICS.99.512
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 6530-01-654-0062 151.000 EA $. ________________ $. ________________
CONTAINER,THERMAL
,B
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 50 PAGES
SUPPLY/SERVICE: 6530-01-654-0062 CONT'D
FOB: DESTINATION DELIVERY DATE: 30 DAYS ADO
PREP FOR DELIVERY:
PKGING DATA - MIL-STD-2073-1D, 15 DEC 1999
QUP:001 PRES MTHD:ZZ CLNG/DRY:Z PRESV MAT:ZZ
WRAP MAT:ZZ CUSH/DUNN MAT:ZZ CUSH/DUNN THKNESS:Z
UNIT CONT:ZZ OPI:M
INTRMDTE CONT:ZZ INTRMDTE CONT QTY:ZZZ
PACK CODE:U
MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.
SPECIAL MARKING CODE:ZZ -ZZ Special Requirements
CLAUSE 52.247-9012 (REQUIREMENTS FOR TREATMENT
OF WOOD PACKAGING MATERIAL (WPM)) SHALL BE
MANDATORY FOR ALL SHIPMENTS PACKED IN WOODEN
BOXES, CRATES, ETC., AND/OR UNITIZED ON WOODEN
PALLETS. HEAT TREATMENT OR KILN-DRIED HEAT
TREATMENT OF WPM SHALL BE THE ONLY METHODS
AUTHORIZED FOR SHIPMENT TO DOD LOCATIONS.
ADDITIONAL INFORMATION REGARDING DOD'S WPM
REQUIREMENT IS AVAILABLE ON THE DLA PACKAGING
WEBSITE: HTTP://WWW.LANDANDMARITIME.DLA.MIL/
OFFICES/PACKAGING/PALLETIZATION_WPMNOTICE.ASP.
APPLICABLE TO ALL MEDICAL ACQUISITIONS:
PRESERVATION, PACKAGING, PACKING, UNITIZATION, LABELING, AND MARKING
SHALL BE AS SPECIFIED IN THE APPLICABLE PROCUREMENT DOCUMENT REFERENCED
IN THE "ITEM DESCRIPTION" SECTION, AND/OR AS SPECIFIED IN-THE-CLEAR IN
THE "ITEM DESCRIPTION" AND "PACKAGING DATA" SECTIONS OF THE ACQUISITION.
THE FOLLOWING CHANGES/DELETIONS ARE APPLICABLE TO THE SECTION HEADED
"PACKAGING DATA":
DISREGARD ALL REFERENCE TO MIL-STD-2073. UNDER THE HEADING "PREPARATION
FOR DELIVERY", DELETE THE SECTION BEGINNING WITH "PKGING DATA -" AND
ENDING WITH "DATED 88090" IN ITS ENTIRETY.
DISREGARD ALL REFERENCES TO SPECIAL PACKAGING INSTRUCTION (SPI). SPI'S
ARE NOT PREPARED FOR MEDICAL ITEMS. ALL APPLICABLE PACKAGING
REQUIREMENTS ARE SPECIFIED IN THE ACQUISITION.
DELETE "MIL-STD-129" WHEREVER IT APPEARS AND SUBSTITUTE "MEDICAL MARKING
STANDARD NO. 1B".
DELETE THE PARAGRAPH BEGINNING WITH "FOR ALL SHIPMENTS OF PACKAGED
MATERIEL TO THE
GOVERNMENT" AND ENDING WITH "THE SCHEDULE TAKES PRECEDENCE." IN ITS
ENTIRETY.
PACKAGING AND PACKING SHALL BE COMMERCIAL, AS SPECIFIED HEREIN.
EACH COMPLETE UNIT SHALL BE PROPERLY PACKAGED IN A SUITABLE SEALED UNIT
CONTAINER. WHEN REQUIRED, UNIT CONTAINER SHALL CONTAIN INTERNAL
FITTINGS, WRAPPING, CUSHIONING, ETC., CAPABLE OF PROTECTING THE CONTENTS
FROM DAMAGE AND/OR BREAKAGE.
UNITS SHALL BE PACKED IN SUITABLE COMMERCIAL EXTERIOR (SHIPPING)
CONTAINERS (EXPORT WHEN NECESSARY) WHICH SHALL INSURE ACCEPTANCE AND
SAFE DELIVERY BY COMMON OR OTHER CARRIER, AT THE LOWEST RATE, TO POINT
OF DELIVERY CALLED FOR IN THE CONTRACT OR ORDER.
PALLETIZATION SHALL BE IN ACCORDANCE WITH MIL-STD-147. UNITIZED LOADS
SHALL BE USED WHENEVER TOTAL QUANTITY FOR SHIPMENT TO ONE DESTINATION
EXCEEDS 250 LBS (EXCLUDING THE PALLET) OR 20 CU FT. LOADS SHALL BE
UNITIZED ON TYPE IV OR TYPE V 4-WAY ENTRY PALLETS. PALLET SHALL HAVE A
LENGTH OF 40 INCHES AND A WIDTH OF 48 INCHES. PALLET LOAD, INCLUDING
THE PALLET, SHALL NOT EXCEED 54 INCHES IN HEIGHT, 43 INCHES IN LENGTH
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 50 PAGES
AND 52 INCHES IN WIDTH.
QUANTITY FOR SHIPMENT TO ONE DESTINATION OF LESS THAN 250 LBS OR 20
CUBIC FEET NEED NOT BE PALLETIZED.
IF A PROPERLY PALLETIZED LOAD OF A SINGLE ITEM (EQUIPMENT ITEM AND
PALLET) EXCEEDS 54 INCHES IN HEIGHT, HEIGHT LIMITATION NEED NOT BE
ADHERED TO.
IF A SINGLE ITEM EXCEEDS THE MAXIMUM PALLET LOAD DIMENSIONS, LENGTH AND
WIDTH NEED NOT BE ADHERED TO. CONTACT THE CONTRACTING OFFICER FOR
ADDITIONAL GUIDANCE.
AS AN ALTERNATE, COMMERCIAL UNITIZATION MAY BE SUPPLIED.
IN ADDITION TO ALL MARKING REQUIREMENTS SPECIFIED HEREIN AND IN THE
APPLICABLE SPECIFICATION DOCUMENT, ALL SHIPMENTS TO DLA DISTRIBUTION
LOCATIONS SHALL ALSO REQUIRE PASSIVE RFID TAGS IN ACCORDANCE WITH DFARS
CLAUSE 252.211-7006. HOWEVER, EXCEPTIONS ARE CURRENTLY APPLICABLE TO
NSNS IN FSCS 6505/6508/6509/6550.
LABELING AND MARKING. MATERIAL SHALL BE LABELED AND MARKED IN
ACCORDANCE WITH COMMERCIAL PRACTICE AND AS SPECIFIED HEREIN.
MARKING ON EACH UNIT SHALL INCLUDE THE NSN AND GOVERNMENT QUANTITY AND
UNIT OF ISSUE. HOWEVER, EXCEPTIONS ARE CURRENTLY APPLICABLE TO NSNS IN
FSCs 6505 and 6509.
MARKING ON EACH SHIPPING CONTAINER AND/OR UNITIZED LOAD SHALL BE AS
SPECIFIED IN MEDICAL MARKING STANDARD NO. 1B ((MMS NO. 1B) DATED 30
MARCH 2017.
ADDITIONAL MARKINGS SHALL BE SUPPLIED IN ACCORDANCE WITH ALL APPLICABLE
REGULATORY REQUIREMENTS, FOR ALL ITEMS REQUIRING SPECIAL HANDLING, I.E.,
CONTROLLED, PERISHABLE AND HAZARDOUS ITEMS.
APPLICABLE TO ALL SHIPMENTS, EXCEPT SHIPMENTS TO DLA DISTRIBUTION
LOCATIONS: AS AN ALTERNATE, FOR SHIPMENTS DIRECTLY TO MEDICAL FACILITIES
OF ALL ITEMS EXCEPT PERISHABLE ITEMS AND HAZARDOUS MATERIAL, REQUIRED
MARKINGS MAY BE SUPPLIED ON THE DD FORM 250 OR PACKING LIST ACCOMPANYING
THE SHIPMENT.
MIL-STD-147 IS AVAILABLE ONLINE AT HTTP://QUICKSEARCH.DLA.MIL/
MMS NO. 1B MAY BE OBTAINED BY CONTACTING DLA TROOP SUPPORT, ATTN:
MEDICAL SUPPLIER OPERATIONS, FSSB (PACKAGING), VIA EMAIL:
DSCP.PACKAGING@DLA.MIL. MMS NO. 1B IS ALSO AVAILABLE ONLINE AT
HTTP://WWW.LANDANDMARITIME.DLA.MIL/ DOWNLOADS/PACKAGING/MMS1.PDF
IN ADDITION TO ALL MARKING REQUIREMENTS SPECIFIED HEREIN AND IN THE
APPLICABLE SPECIFICATION DOCUMENT, ALL ORDERS FOR DEPOT STOCK SHALL ALSO
REQUIRE PASSIVE RFID TAGS IN ACCORDANCE WITH DFARS CLAUSE 252.211-7006.
HOWEVER, EXCEPTIONS TO THIS REQUIREMENT ARE CURRENTLY APPLICABLE TO NSNS
IN FSCS 6505/6508/6509/6550.
MARKING SHALL BE AS SPECIFIED IN MEDICAL MARKING STANDARD NO. 1B DATED
30 MARCH 2017.
MARKINGS SHALL INCLUDE BAR CODES, AS FOLLOWS: UNIT - BAR CODES ARE NOT
REQUIRED UNLESS THE UNIT IS ALSO THE EXTERIOR (SHIPPING) CONTAINER.
INTERMEDIATE PACKAGE - BAR CODES ARE NOT REQUIRED.
EXTERIOR (SHIPPING) CONTAINER - BAR CODES (NSN, PIIN AND CAGE) SHALL BE
SUPPLIED ON THE IDENTIFICATION-MARKED SIDE OF THE CONTAINER.
UNITIZED LOAD - BAR CODES (NSN, PIIN AND CAGE) SHALL BE SUPPLIED ON THE
IDENTIFICATION MARKED SIDES OF THE LOAD.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 50 PAGES
NOTES:
SEE MEDICAL MARKING STANDARD NO. 1B FOR PLACEMENT OF ALL REQUIRED
MARKINGS.
BAR CODES SHALL INCLUDE THE HUMAN READABLE INTERPRETATION (HRI).
PIIN REFERS TO THE CONTRACT OR ORDER NUMBER, TOGETHER WITH DELIVERY
ORDER NUMBER, WHEN APPLICABLE.
MIL-STD-1189B - STANDARD DEPARTMENT OF DEFENSE BAR CODE SYMBOLOGY - HAS
BEEN CANCELLED AND REPLACED BY COMMERCIAL BAR CODE STANDARD ISO/IEC
16388 (INFORMATION TECHNOLOGY - AUTOMATIC IDENTIFICATION AND DATA
CAPTURE TECHNIQUES - CODE SYMBOLOGY SPECIFICATION - CODE 39). COPIES OF
ISO/IEC 16388 ARE AVAILABLE FOR PURCHASE FROM ANSI, 25 WEST 43RD STREET,
NEW YORK, NY 10036, WWW.ANSI.ORG.
COPIES OF MEDICAL MARKING STANDARD NO. 1B (MMS NO. 1B) MAY BE OBTAINED
BY CONTACTING DLA TROOP SUPPORT VIA EMAIL TO DSCP.PACKAGING@DLA.MIL. MMS
NO. 1B IS ALSO AVAILABLE ONLINE AT HTTP://WWW.LANDANDMARITIME.DLA.MIL/
DOWNLOADS/PACKAGING/MMS1B.PDF
PARCEL POST ADDRESS:
WK4FV1
W0CC USA MED MAT CTR EUR
MED REQ PROCESSING ACT
CMR 434
APO AE 09138
US
FOR TRANSPORTATION ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT)
AWARDS SEE DLAD 52.247-9059 AND
CONTRACT INSTRUCTIONS INSTEAD.
FREIGHT SHIPPING ADDRESS:
WK4FV1
W0CC USA MED MAT CTR EUR
MED REQ PROCESSING ACT
CMR 434
APO AE 09138
US
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 0071351143 0001 N/A N/A N/A 10/20/2017
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 50 PAGES
CONTINUED ON NEXT PAGE
Form
52.222-3 CONVICT LABOR (JUN 2003) FAR
TECHNICAL REQUIREMENTS
THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE
WEB AT:
http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-
ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
Part 12 Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) FAR
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL
ITEMS (NOV 2017) FAR
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(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 (Oct 2015) (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C.
6101 note).
___ (5) [Reserved].
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
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___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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.
___ [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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages --Sub-contracting 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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 (Oct 2016) (E.O. 13126).
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___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
___ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(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 (FEB 2016) (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)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)
___ (35)(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.)
___(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O.
13693).
___ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
___ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
___ (46) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
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___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (55) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
___ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -- Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
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(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause --
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii) ___(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
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(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
CLAUSES ADDED TO PART 12 BY ADDENDUM
52.203-14 DISPLAY OF HOTLINE POSTER (OCT 2015) FAR
As prescribed in 3.1004(b), insert the following clause:
(a) Definition.
“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c).
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites.
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
(Contracting Officer shall insert.
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and
(ii) The website(s) or other contact information for obtaining the poster(s).)
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract.
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%203_10.html
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52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
FAR
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS
252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (NOV 2016) DFARS
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) FAR
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FAR
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR
52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) FAR
As prescribed in 4.1804(d), insert the following provision:
(a) Definitions. As used in this provision - “Commercial and Government Entity (CAGE) code” means -
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: (or mark “Unknown”) Predecessor legal name:
(Do not use a “doing business as” name)
(End of provision)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_18.html
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252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (OCT 2016) DFARS
(a) Definitions. As used in this clause -
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered defense information” means unclassified information that -
(1) Is -
(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(2) Falls in any of the following categories:
(i) Controlled technical information.
(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations
Security process).
(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.
(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party's reporting of a cyber incident pursuant to DFARS
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clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):
(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government's activities related to clause 252.204-7012, and shall not be used for any other purpose.
(2) The Contractor shall protect the information against unauthorized release or disclosure.
(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.
(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.
(5) A breach of these obligations or restrictions may subject the Contractor to -
(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and
(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.
(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government's activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS
(a) Definitions. As used in this clause-
“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial…
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