SPE4A216R0001_complete.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000040714

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE4A2-16-R-0001

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE

DATE

Robert Napolitano PARAB42

a. NAME

Phone: DSN-695-6382

b. TELEPHONE NUMBER (No Collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE4A2

DLA AVIATION

ASC SMSG DIV SPECIAL ACQUISITION

8000 JEFFERSON DAVIS HIGHWAY

RICHMOND VA 23297

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

332722NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

Page 3 of 42 Pages

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE4A2-16-R-0001

CONTINUED ON NEXT PAGE

The solicitation and all attachments will be posted at the following site:

(Website TBD)

Full text of all clauses and provisions can be found at the following websites:

FAR: http://farsite.hill.af.mil/vffara.htm DFARS: http://farsite.hill.af.mil/vfdfara.htm DLAD: http://farsite.hill.af.mil/vfdlada.htm

List of RFP Attachments:

TBD

Block 7 Points of Contact Contracting Officer: Carl Allen; Carl.Allen@dla.mil; (804) 279-5109 Contract Specialist: Robert Napolitano; Robert.Napolitano@dla.mil; (804) 279-6382

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 assigned CAGE Code:

Block 17b:

Remittance Address: (If different from Contractor/Offeror address in block 17a.)

AUTHORIZED NEGOTIATIONS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

Blocks 19-24: Schedule of Supplies and Prices The Schedule of Items (SOI) can be acquired by accessing the DLA Aviation Website at (website TBD) or by request from the Point of Contact for this acquisition listed at SF 1449 Block 7. The total number of items required under this potential contract is 36,000. Items listed in this document represent the potential items that shall be made available under any resulting contract, however, this list may not be all-inclusive and the Product-support Vendor may be required to furnish other consumable items not currently listed. The type of items the contractor shall be required to provide as part of their supply chain management responsibilities are catalogued under Federal Supply Class (FSC) 1005, 1055, 1090, 1095, 1240, 1270, 1280, 1420, 1430, 1440, 1450, 1560, 1610, 1620, 1630, 1640, 1650, 1660, 1670, 1680, 1730, 2030, 2510, 2520, 2530, 2540, 2590, 2610, 2640, 2805, 2810, 2815, 2835, 2840, 2910, 2915, 2920, 2925, 2930, 2935, 2940, 2945, 2950, 2990, 2995, 3010, 3020, 3030, 3040, 3110, 3120, 3130, 3230, 3426, 3431, 3433, 3439, 3455, 3460, 3530, 3611, 3655, 3694, 3805, 3910, 3930, 3940, 3990, 4010, 4020, 4030, 4130, 4140, 4210, 4220, 4240, 4310, 4320, 4330, 4440, 4460, 4510, 4520, 4610, 4710, 4720, 4730, 4810, 4820, 4920, 4930, 4931, 4935, 4940, 5110, 5120, 5210, 5305, 5306, 5307, 5310, 5315, 5320, 5325, 5330, 5331, 5335, 5340, 5342, 5355, 5360, 5365, 5410, 5411, 5430, 5620, 5815, 5820, 5821, 5826, 5831, 5835, 5836, 5840, 5841, 5845, 5850, 5855, 5860, 5865, 5895, 5905, 5910, 5915, 5920, 5925, 5930, 5935, 5940, 5945, 5950, 5955, 5960, 5961, 5962, 5963, 5965, 5970, 5975, 5977, 5980, 5985, 5990, 5995, 5996, 5998, 5999, 6020, 6035, 6060, 6105, 6110, 6115, 6125, 6130, 6135, 6140, 6145, 6150, 6160, 6210, 6220, 6230, 6240, 6250, 6340, 6510, 6515, 6605, 6610, 6615, 6620, 6625, 6635, 6640, 6645, 6650, 6665, 6670, 6680, 6685, 6695, 6720, 6750, 6760, 6840, 6850, 6910, 6930, 7025, 7035, 7045, 7050, 7510, 7690, 8110, 8120, 8125, 8140, 8145, 8305, 8310, 8315, 8345, 8465, 9150, 9160, 9320, 9330, 9340, 9390, 9505, 9515, 9525, 9530, 9535, 9540, 9905

Page 4 of 42 Pages

The Schedule of Items will include description information sufficient to provide the offeror with enough information to determine an item’s logistics status. The following information is being provided: NSN, Total Quantity, Unit of Issue, Combined Site Quantity, Worldwide Demand Quantity, and Sourcing Status.

NSN (National Stock Number) as found in FEDLOG or a local stock number may be listed as well.

Total Quantity is the total estimated annual quantity for the item.

Unit of Issue is the unit of measure for pricing (i.e.: each, HD, etc.)

Combined Site Quantity is the total combined estimated annual quantity for each of the sites.

Worldwide Demand Quantity is the annual estimated quantity to support the balance of DLA customers. If there is no demand other than site demand for an item, the worldwide demand quantity will be reflected as “0”.

Sourcing Status:

o “B” items the IPV contractor is required to obtain from DLA* o "D" items the IPV contractor is required to obtain from DLA*, but are vendor sourcing candidates o "V" items which the IPV contractor will provide from their commercial suppliers (after pricing acceptance by the Contracting Officer

CORE LIST AND SCHEDULE OF ADDITIONAL ITEMS

A. Core List of Items. (Also referred to as market basket) Consists of items of spare parts and industrial hardware, designated by National Stock Number, commercially priced at the time of contract award. The core list of priced items will be included in the contract as Attachment No. (TDB) Market Basket Pricing Template

B. Supplemental Schedule of Items.

Consists of items of spare parts and industrial hardware for which specific customer site support is required under the contract, but are items that were not priced for vendor commercial support at the time of contract award. The Contractor may not provide such items from commercial sources until such time as an agreement as to price has been reached. Prior to price agreement, the Contractor shall use its assigned Department of Defense Activity Address Code (DoDAAC) to obtain the items from DLA. The Contractor shall submit price proposals for items set forth in the Supplemental Schedule of Items in accordance with the pricing schedule developed as part of the Implementation Plan. The Implementation Plan shall be established within ____ days after date of contract.

A preproposal conference will be held to explain the requirements of this solicitation (number SPE4A2-16-R-0001) and to respond to questions raised by prospective offerors. Prospective offerors are encouraged to attend. To arrange attendance, prospective offerors are requested to contact:

Name: Michael Brown Telephone: 804-279-6926 E-mail Address: Michael.K.Brown@dla.mil Alternate Name: Carl Allen Telephone: 804-279-5109 E-mail Address: Carl.Allen@dla.mil The date, time, and location of the conference are provided below: Date: TBD Time: TBD Location:

DLA Aviation (Defense Supply Center Richmond) Lotts Conference Center 8000 Jefferson Davis Highway Richmond, VA 23297

The following clauses and provisions are applicable only to the worldwide demand portion of the contract. Specifically, this relates to all supplies delivered under delivery orders issued pursuant to the “ordering” clause of this contract for supplies that are to be delivered to a DLA depot or other designated storage facility in the continental United States, excluding Alaska:

FAR 52.211-16 – Variation in Quantity (APR 1984) DLAD 52.211-9054 – Time of Delivery (NOV 2011)

Page 5 of 42 Pages

DLAD 52.211-9069 – Time of Delivery – Ordering Office (NOV 2011) FAR 52.216-18 – Ordering (OCT 1995) FAR 52.216-19 – Order Limitations (OCT 1995)

The following clauses and provisions only apply to source inspected items:

DLAD 52.246-9008 - Inspection and Acceptance at Origin (NOV 2011) FAR 52.246-15 - Certificate of Conformance (APR 1984)

The IPV program encompasses programmed/scheduled depot level maintenance at three (3) Air Logistics Centers (ALCs), Hill AFB, Tinker AFB, and Robins AFB, as well as Worldwide support of commercially sourced items with a majority of the market share at the 3 ALCs. The programmed/scheduled depot level maintenance effort to support the ALCs is not in direct line of support of contingencies defined as beyond the normal peacetime requirements, thus, surge is not required for this support. However, Surge and Sustainment clauses/provisions will be included in the Generation III Air Force IPV contract to support Worldwide demand of Commercially sourced items only. As items that are supported through commercial sourcing are identified for Worldwide support, an analysis will be performed to determine the surge requirements, and an eCAP will be requested from the offeror or successful awardee to ensure support for the items.

The following clauses and provisions only apply to the worldwide demand of commercially sourced items that require Surge and Sustainment:

DLAD 52.217-2006 - Surge and Sustainment (S&S) Requirements (NOV 2011) DLAD 52.217-9007 - Surge and Sustainment (S&S) Instructions of Offerors (JUN 2012) DLAD 52.217-9009 - Surge and Sustainment (S&S) Pricing (NOV 2011) DLAD 52.217-9018 - Limitations on use of Surge and Sustainment (S&S) Government Investment (NOV 2011) DLAD 52.217-9008 - Surge and Sustainment (S&S) Evaluation (NOV 2011)

The Contractor shall comply with any clause that is checked on the following list which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components:

1. FAR 52.203-3, Gratuities (APR 1984)

2. X__ DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

3. X__ DFARS 252.203-7003, Agency Office of the Inspector General (DEC 2012)

4. X__ DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)

5. X__ DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011)

6. X__ DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (NOV 2013)

7. _____ DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation

Offerors (FEB 2014)

8. DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors

(FEB 2014)

9. DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (FEB 2014)

10. X__ DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)

11. DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country (JAN 2009)

12. X__ DFARS 252.211-7003, Item Unique Identification and Valuation (DEC 2013)

13. X__ DFARS 252.211-7006, Passive Radio Frequency Identification (SEP 2011)

14. DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012)

15. DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data—

Canadian Commercial Corporation (JUL 2012)

16. DFARS 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing Data —

Modifications — Canadian Commercial Corporation (OCT 2013)

17. DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012)

18. DFARS 252.215-7008, Only One Offer (OCT 2013)

19. X__DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2014)

20. DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2014)

21. DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

22. DFARS 252.225-7000, Buy American—Balance of Payments Program Certificate (JAN 2014) a.

Alternate I (DEC 2010) of 52.225-7000

23. X__DFARS 252.225-7001, Buy American and Balance of Payments Program (DEC 2012) a. Alternate I (JAN

2014) of 252.225-7001

Page 6 of 42 Pages

24. DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013)

25. DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (OCT 2014)

26. DFARS 252.225-7010, Commercial Derivative Military Article—Specialty Metals Compliance Certificate (JUL

2009)

27. DFARS 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013)

28. DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)

29. DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)

30. DFARS 252.225-7017, Photovoltaic Devices (JAN 2014)

31. DFARS 252.225-7018, Photovoltaic Devices—Certificate (JAN 2014)

32. DFARS 252.225-7020, Trade Agreements Certificate (JAN 2005) a. Alternate I (DEC 2010) of

252.225-7020

33. X__DFARS 252.225-7021, Trade Agreements (OCT 2013) a. Alternate II (OCT 2011) of 252.225-7021

34. DFARS 252.225-7023, Preference for Products or Services from Afghanistan (SEP 2013)

35. DFARS 252.225-7024, Requirement for Products or Services from Afghanistan (SEP 2013)

36. DFARS 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan (SEP 2013)

37. X__DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)

38. X__DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)

39. DFARS 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police (SEP

2013)

40. DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)

41. DFARS 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate (NOV

2012)

a. Alternate I (OCT 2013) of 252.225-7035 b. Alternate II (NOV 2012) of 252.225-7035

c. Alternate III (JUN 2012) of 252.225-7035 d. Alternate IV(NOV 2012) of 252.225-7035 e. Alternate V

(NOV 2012) of 252.225-7035

42. DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program (DEC

2012) a. Alternate I (JUN 2012) of 252.225-7036

b. Alternate II (NOV 2012) of 252.225-7036

c. Alternate III (JUN 2012) of 252.225-7036 d. Alternate IV (NOV 2012) of 252.225-7036 e. Alternate V 6

(NOV 2012) of 252.225-7036

43. DFARS 252.225-7037, Evaluation of Offers for Air Circuit Breakers (JUN 2005)

44. DFARS 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005)

45. DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the

United States (MAY 2014)

46. DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

(MAR 2006)

47. X__DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004)

48. DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

49. DFARS 252.227-7015, Technical Data -- Commercial Items (FEB 2014b)

50. DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013),

51. X__DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)

52. DFARS 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card (DEC 2006)

53. X__DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

54. DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY 2013)

55. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

56. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

57. DFARS 252.239-7017, Notice of Supply Chain Risk (NOV 2013)

58. DFARS 252.239-7018, Supply Chain Risk (NOV 2013)

59. X__DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012)

60. X__DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013)

61. _X__DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013)

62. DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010)

63. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013)

64. X__DFARS 252.247-7022, Representation of Extent of Transportation by Sea (AUG 1992)

65. X__DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014).

Page 7 of 42 Pages

a. X Alternate I (APR 2014) of 252.247-7023.

b. Alternate II (APR 2014) of 252.247-7023

66. DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

67. DFARS 252.247-7025, Reflagging or Repair Work (JUN 2005)

68. DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)

69. DFARS 252.247-7027, Riding Gang Member Requirements (OCT 2011)

70. DFARS 252.247-7028, Application for U.S Government Shipping Documentation/Instructions (JUN 2012) In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014) DFARS 252.227-7015, Technical Data – Commercial Items (FEB 2014) DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013) DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013) DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014) DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (End of Clause)

OBSOLESCENCE PROVISION

(a) An “obsolete part” is a part that is no longer in current or continuous production, and for which necessary manufacturing tooling is not available for the resumption of manufacture of the part. The Contractor and the Contracting Officer agree that the prices and the delivery commitments under this contract are predicated upon the assumption that the items for which they are stated are items that are in current or continuous production, and that manufacturing tooling is available for the resumption of manufacture of the item(s) that are not in current or continuous production. The parties also agree that there might be instances in which the contractor will be required to propose that alternate Military and/or commercial specification parts (if available) be directly substituted for obsolete parts. In such instances, the proposed alternate or substitute part must comply with all of the requirements of the specified item for form, fit, function and interchangeability (see note at end of clause). If there are no known acceptable substitute parts, as determined by the Government, it will be necessary for the Military Service having configuration management responsibility for the applicable weapons system to review a Technical Data Package (TDP) in support of the proposed substitution to ensure compliance with form, fit, function and interchangeability requirements. Further, if the obsolete item is coded as a Critical Application Item (CAI), the prior approval of the cognizant Engineering Support Activity is required for any substitute item. See the clauses entitled “Addition And Deletion Of Items, DLAD 52.216-9006 (AUG 2005),” and “Additional Documentation Requirements for Source Approval Request – Critical Application Item and Critical Safety Item, DLAD 52.211-9042 (NOV 2011),” for the procedures for the submission of TDPs.

(b) Prices set forth in this contract do not include any costs for Non-recurring Engineering Effort (NEE) that might be required to redesign the hardware for any obsolete parts that are not directly replaceable; and do not include any costs for NEE that might be required to redesign manufacturing tooling or test equipment that is no longer available. If it becomes apparent after the contract date that NEE is required, the Contractor shall notify the Contracting Officer of the item(s) involved, and the NEE required. Any items affected by the NEE will be subject to an equitable adjustment with respect to price, delivery or both price and delivery, as the case may be. The Contracting Officer shall notify the Contractor whether it is authorized to proceed with its proposed NEE within thirty (30) days after receipt of the Contractor’s notice that NEE is required. However, if an agreement as to price and delivery cannot be reached within that 30-day period, the NEE shall not be accomplished, and the proposed redesigned, substitute item will not be included within the coverage of this contract.

(c) Any item determined to be “obsolete” under this provision will be deleted from contract, and the deletion will be deemed a partial termination for convenience, in accordance with the clause of this contract entitled, “Add And Delete.”

The resulting contract will include two option periods, exercisable by the Government in accordance with FAR 52.217-9.

The first option period is for three years. The second option period is for two years. The Government will evaluate the proposed pricing for the option procedures in accordance with FAR 52.217-5 and in Attachment (TBD).

Page 8 of 42 Pages

ITEM NO. SUPPLIES/SERVICES AMOUNT

0001 Level of Service (Base Period)

0001AA Commercially Sourced Material $__________________________

* Price should match total from Attachment 1 – Core List (Market Basket)

0001AB Management CLIN

OC – ALC $__________________________

OO – ALC $__________________________

WR – ALC $__________________________

0001AC Transition CLIN

1001 Level of Service (Option Period 1)

1001AB Management CLIN

2001 Level of Service (Option Period 2)

2001AB Management CLIN

TOTAL EVALUATED PRICE $__________________________

NOTES:

CLIN 0001AA – Commercial priced material prices are established and are subject to an Economic Price Adjustment (EPA) pursuant to DLAD 52.216-9030 on an annual basis.

CLIN 0001AC – Transition Fee is only applicable to the Base Period

Page 9 of 42 Pages

PID Data PID Data included in Attachment TBD

Part 12 Clauses

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS - COMMERCIAL ITEMS (OCT 2015) 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.108-77, 108-78).

(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:

[Contracting Officer check as appropriate.] [ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C., 253g and 10 U.S.C. 2402).

[ X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[ ] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

[ X ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (JUL 2013) (Pub. L.109-282) (31 U.S.C. 6101 note).

[ ] (5) [Reserved] [ X ] (6) 52.204-14, Service Contracting Reporting Requirements (Jan 2014) (Pub. L. 111-17, section 743 of Div. C).

[X ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-17, sectio 743 of Div. C).

[ X ] (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 [ ] (13) [Reserved] [ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [ ] (ii) Alternate I (NOV 2011) [ ] ( iii) Alternate II (NOV 2011) [ ] (15)(i) 52.219-7 , Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). [ ] (ii) Alternate I (OCT 1995) of 52.219-7.

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

[ X ] (16) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)). [ X ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).

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

[ X ] (iii) Alternate II (OCT 2001) of 52.219-9. [ ] (iv) Alternate III (JUL 2010) of 52.219-9.

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

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

[ X ] (20) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside (NOV 2011) (15 U.S.C.

657f).

[ X ] (22) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for Women Owned Small Business (WOSB) Concerns Eligible Under the WOSB

Page 10 of 42 Pages

Program (JUL 2013) (15 U.S.C. 637(m)).

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

[ X ] (26) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2013) (E.O. 13126).

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

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

[ X ] (29) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[ X ] (30) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793).

[ X ] (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[ X ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .

[ X ] (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) [ X ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (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) (i) 52.223-13, Acquisition of EPEAT (R) - Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514) [ ] (ii) Alternate I (OCT 2015) of 52.223-13 [ ] (37)(i) 52.223-14, Acquisition of EPEAT (R) - Registered Television (JUN 2014) (E.O.s 13423 and 13514) [ ] (ii) Alternate I (OCT 2015) of 52.223-14 [ ] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (39) (i) 52.223-16, Acquisition of EPEAT (R) - Registered Personal Computure Products (OCT 2015) (E.O.s 13423 and 13514) [ ] (ii) Alternate I (OCT 2015) of 52.223-16 [ X ] (40) 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

[ ] (41) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ] (42)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3.

[ ] (iii) Alternate II (MAR 2012) of 52.225-3.

[ ] (iv) Alternate III (MAR 2012) of 52.225-3.

[ X ] (43) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) .

[ X ] (44) 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).

[ ] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ X ] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

[ X ] (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ X ] (50) 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) (31 U.S.C.

3332).

[ ] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ X ] (54)(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: [Contracting Officer check as appropriate.]

Page 11 of 42 Pages

[ ] (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, Statment 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 Act—Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U .S.C. 351, et seq.).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 351, et s eq.).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (MAY 2014) (41 U.S.C. 351, et seq.).

[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (Pub. L.110-247). [ ] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1 )).

(d) Comptroller General Examination of Record. The Contract or 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 Contract or 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) (Pub. L.110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities unities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246)

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 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.

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

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (MAY 2014), (41 U.S.C. chapter 67).

(xi) [ ] (A) 52.222-50, Combatting Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate 1 (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

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

(xii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

Page 12 of 42 Pages

(xv) 52.222-55, Minimum Wages Executive Order 13658 (DEC 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 241(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)

52.212-9001 APPLICATION OF FAST PAYMENT TO PART 12 ACQUISITIONS (NOV 2011) DLAD

CLAUSES ADDED TO PART 12 BY ADDENDUM

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY

2011) FAR

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013) DFARS

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

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013)

DFARS

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (AUG 2014) DLAD

52.204-9001 ELECTRONIC ORDER TRANSMISSION (NOV 2011) DLAD

Supplies procured through the Defense Logistics Agency (DLA) may be ordered via electronic ordering. Offerors must check one of the following alternatives for paperless order transmission:

[ ] Electronic Data Interchange (EDI) transmissions in accordance with ANSI X12 Standards through DLA Transaction Services approved value added network (VAN).

[ ] Electronic Mail (email) award notifications containing Web links to electronic copies of the Department of Defense (DD) Form 1155, Order for Supplies or Services.

52.208-09 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (OCT 2008) FAR

52.209-01 QUALIFICATION REQUIREMENTS (FEB 1995) FAR

(a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a

Page 13 of 42 Pages component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

http://assist.daps.dla.mil/quicksearch/

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name: ______________________________

Manufacturer’s Name: _________________________

Source’s Name: _______________________________

Item Name: ___________________________________

Service Identification: __________________________

Test Number: _________________________________

(to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of clause)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT

OF A TERRORIST COUNTRY (DEC 2014) DFARS

252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011) DFARS

(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated control activity:

52.209-9000 QUALIFIED PRODUCTS LIST (QPL) CONNECTOR ASSEMBLIES AND QPL ELECTRICAL CONTACTS

(NOV 2011) DLAD

52.209-9002 QUALIFIED TESTING SUPPLIERS LIST (QTSL) – FEDERAL SUPPLY CLASSES (FSCS) 5961

SEMICONDUCTORS AND HARDWARE DEVICES AND 5962 ELECTRONIC MICROCIRCUITS (FEB

2014) (DLAD)

(a) Only offerors who are listed, or qualified for listing (as determined by the contracting officer), on the DLA Land and

Page 14 of 42 Pages

Maritime Qualified Testing Suppliers List (QTSL) - FSCs 5961 Semiconductors and Hardware Devices and 5962 Electronic Microcircuits, at the time of award, shall be eligible for award based upon QTSL compliance.

(b) Offers from the following sources shall take precedence over offers submitted based upon QTSL compliance:

(1) Offers from approved sources listed in the item description (such as original component manufacturers (OCMs) and original equipment manufacturers (OEMs); or

(2) Offers from sources listed, or are qualified for listing (as determined by the contracting officer), on the applicable qualified products list (QPL) or qualified manufacturers list (QML), if any; or

(3) Offers from authorized distributors of approved or QPL or QML qualified sources (as determined by the contracting officer) (see (1) and (2) above) with adequate traceability (as determined by the contracting officer) to the approved or qualified source; or

(4) Offers from distributors listed, or are qualified for listing (as determined by the contracting officer), on the DLA Land and Maritime Qualified Suppliers List of Distributors (QSLD) for FSCs 5961 and 5962 at the time of award.

(c) QTSL contractors shall offer and supply the product of an approved and qualified source as identified in the item description.

(d) In the event no offers are received on this solicitation from a source listed in paragraph (b) of this clause or from a QTSL offeror, the Government reserves the right to make an award based on offers received and found acceptable by other means of testing or verification, as deemed acceptable by the Government. However, the requirement to comply with DLAD 52.211-9074, Deoxyribonucleic Acid (DNA) Marking – Federal Supply Class (FSC) 5962 Electronic Microcircuits, is still applicable to FSC 5962.

(e) The Government may terminate the contractor's QTSL status at any time for failure of the contractor to maintain compliance with the DLA Land and Maritime document entitled, “Criteria and Provisions for Qualified Testing Suppliers List.” (See paragraph (h) below of this clause to obtain the document.) Maintaining QTSL status is a contractual requirement; therefore, the Contracting Officer may terminate the contract for default for the contractor’s failure to maintain such status.

(f) As required in the DLA Land & Maritime “Criteria and Provisions for Qualified Testing Suppliers List” (Criteria), the contractor shall provide, at the Government’s direction, the results of the mandatory testing at any time after award, until the record retention period has expired, as referenced in the Criteria and listed in JEDEC Standard JESD 31.

(g) If the solicitation requires inspection and acceptance at destination, the government reserves the right to award with inspection and acceptance at origin, in which case DLAD clause 52.246-9004, Product Verification Testing, will be incorporated into the contract as awarded.

(h) The provisions governing qualification for the QTSL, and the applicable qualification criteria, may be obtained—

(1) From the QTSL general information web page, found at http://Www.landandmaritime.dla.mil/offices/sourcing_and_qualification/offices.aspx?Section=QTS;

(2) By sending an email to: landandmaritime.qtsl@dla.mil; or

(3) (i)By writing to the following address when using the United States Postal Service (USPS):

Defense Logistics Agency (DLA) Land and Maritime Attention: VQE Chief Post Office (P.O.) Box 3990 Columbus, OH 43218-3990 or

(ii) by writing to the following address when using private carriers, to include United Parcel Service (UPS) or Federal Express (FEDEX):

DLA Land and Maritime Attention: VOE Chief 3990 East Broad Street Columbus, OH 43213

(End of Clause)

52.209-9013 COMPONENT QUALIFIED PRODUCTS LIST (QPL)/QUALIFIED MANUFACTURERS LIST (QML)

(NOV 2011) DLAD

52.211-05 MATERIAL REQUIREMENTS (AUG 2000) FAR

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

Page 15 of 42 Pages

(b) The permissible variation shall be limited to:

0 Percent increase 0 Percent decrease This increase or decrease shall apply to N/A .

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

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005)

DFARS

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.

(d) Absent a determination that an SPI process is…