SPE4A718Q0951.PDF
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- PISTON ASSEMBLY Federal contract opportunity
- Solicitation number
- SPE4A718Q0951
- Issued by
- Defense Logistics Agency Aviation
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REQUEST FOR QUOTATIONS THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
4. CERT.FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
5. ISSUED BY
7. DELIVERY
9. DESTINATION
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5 ON OR
BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (See Continuation Sheets)
12. DISCOUNT FOR PROMPT PAYMENT
d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN
QUOTATION
16. SIGNER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not useable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
1. REQUEST NO.
SPE4A7-18-Q-0951
2. DATE ISSUED
2018 APR 10
3. REQUISITION/PURCHASE REQUEST NO.
0070221575
RATING
DO-C9
DLA AVIATION
ASC SUPPLIER OPER AE AND AF DIV
8000 JEFFERSON DAVIS HWY
RICHMOND VA 23297
USA
Buyer: Krystal Jones DKJ0016 Tel: 5690 Email: Krystal.Jones@dla.mil
6. DELIVER BY (Date)
SEE SCHEDULE
8. TO:
c. CITY
d. STATE
b. STREET ADDRESS
a. NAME OF CONSIGNEE
e. ZIP CODE
a. 10 CALENDAR DAYS
b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS
15. DATE OF QUOTATION
a. NAME (Type or Print)
AREA CODE
c. TITLE (Type or Print)d. CITY
c. COUNTY
b. STREET ADDRESS
e. STATE f. ZIP CODE
See Schedule
2018 APR 11
NUMBER
FOB DESTINATION
OTHER
(See Schedule)
CAGE
b. TELEPHONE
See attached schedule to complete quote information.
Quoter must also complete the following:
a. Quotation is valid for 90 days from date specified in Block 10 above unless otherwise indicated: _____________ .
b. Prices quoted are:
___ Contained in Commercial Catalog or Published Price List No. ___________________ dated _______________ page __________ .
___ Contained in Internal Price List No. _______________dated ____________________, which may be examined at our facility.
___ Commercial sales of comparable quantities: Quantity ____________ ; Price _____________;
___ Customer ________________________.
___ Other (provide basis) ______________________________________ _______________________________________ .
c. FOB Point: ____ Destination ____ Origin Shipping Point (City, State) _________________________________________ .
d. If delivery period shown in Block 6 is unacceptable, provide best possible delivery: _________________________________.
e. Remittance Address (Name, Street, City, State, ZIP): Same as Block 13 unless otherwise indicated below:
f. Vendor FAX Number: ____________________ Vendor Toll-Free Number: ____________________ Vendor E-mail: ______________________________
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 27 PAGES
SPE4A7-18-Q-0951
CONTINUED ON NEXT PAGE
The following DLA Aviation Notices are incorporated by reference. The full-text of the notices can be found at:
http://www.dla.mil/Aviation/Business/IndustryResources/DLAResourcesforSuppliers/DAANs.aspx
DAAN-13-01 Evaluation and Award for Acquisitions Below the Simplified Acquisition Threshold (September 2016)
(b) Relative Important and Trade-offs. The Government will base the determination of best value on a comparative assessment of the quoters' prices, past performance, and the other evaluation factors identified elsewhere in this solicitation. The determination of best value also considers the relative importance of the evaluation factors. All evaluation factors, when combined, are:
[ ] significantly more important than cost or price.
As other evaluation factors become more equal, the evaluated cost or price becomes more important.
[X] approximately equal to cost or price; or
[ ] significantly less important than cost or price.
As the evaluated cost/price becomes more equal, relative importance of all other evaluation factors becomes more significant.
(e) Past Performance Evaluation Factors. The Government will use the past performance evaluation factors marked below in addition to cost or price and other evaluation factors specified in the solicitation. Unless indicated otherwise, past performance is significantly more important than other non-price factors. Within the past performance subfactors, PPIRS assessments (as applicable) will be weighed most heavily. Historical quality history and delivery schedule compliance (not captured in PPIRS) will be weighed more heavily than the remaining past performance subfactors. All other non-price evaluation factors specified in this solicitation weigh equally, unless otherwise indicated.
[X] PPIRS-SR Assessments (52.215-9003) (EProcurement) [ ] PPIRS-RC Assessments [ ] Historical Quality (not captured in PPIRS) [ ] Historical Delivery Schedule Compliance (not captured in PPIRS) [ ] Other (specify):
DAAN-13-01 (ALT I)
Evaluation and Award for Acquisitions Below the Simplified Threshold (ALT I) (September 2016)
(b) Non-Price Factors. Quoted delivery and past performance will be evaluated equally, unless indicated otherwise below.
( ) Quoted delivery is weighed more heavily than past performance.
( ) Past Performance is weighed more heavily than quoted delivery.
DAAN-09-01
National Stock Number (NSN) Identification of First Article Testing (September 2016)
DAAN-09-06
Critical Safety Items
DAAN-09-04: First Article Testing (Government)
Government First Article Test (FAT) Report
1 EACH = 1 FAT
Disposition of FAT units: DELIVER PART OF PROD QTY
For Testing:
Inspection: Origin Ship to: N65923 FLEET READINESS CENTER EAS
IN SERVICE SUPPORT CENTER CHERRY POINT
FIRST ARTICLE TEST- STA. 31B
ATTN: FIRST ARTICLE/PRODUCTION LOT TEST COORDINATOR
BLDG 154B
CLEVELAND DR.
MCAS CHERRY POINT, NC 28533
Acceptance: Destination Issuing Activity: N65923 FOB: Destination
DAAN-46-01
Production Lot Testing (Government) (May 2017)
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Production Lot Test (PLT)
1 EACH = 1 PLT
Number of units to be tested =__3_____
For Testing:
Inspection: Origin Ship To (Lab DoDAAC): __N65923___ Ship To (Lab Address):
FLEET READINESS CENTER EAST RECEIVING OFFICER
BLDG 148, BAY C
BEACHEY ROAD
CHERRY POINT NC 28533-5040
Acceptance: Destination Issuing Activity DoDAAC: __SPE4A7______
GOVERNMENT FIT VERIFICATION IS REQUIRED - S00000060
GOVERNMENT FIT VERIFICATION 1 EA $ ______
NUMBER OF SAMPLES TO BE TESTED = _01__
FOB: DESTINATION
INSPECTION: ORIGIN
ACCEPTANCE: DESTINATION
**CONTRACTOR WILL NOTIFY THE PCO TWO (02) WEEKS PRIOR TO SHIPMENT OF FIT TEST SAMPLE TO RECEIVE SHIPPING INSTRUCTIONS.
Delivery Schedule:
90 Days ARO: Submit Test Report 90 Days: Government Review and Notification to Contractor 10 Days ARO: Gov't Fit Sample Due 60 Days: Gov't Evaluation of Fit Verification 258 Days: Completion of Production Units 500 Total Days ARO
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SECTION B
SUPPLIES/SERVICES: 1650-01-175-8958
ITEM DESCRIPTION:
PISTON ASSEMBLY
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.
RC001: DOCUMENTATION REQUIREMENTS FOR SOURCE APPROVAL REQUEST (SAR)
RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT
RQ001: HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS (MANUFACTURERS AND
NON-MANUFACTURERS)
RQ002: CONFIGURATION CHANGE MANAGEMENT - ENGINEERING CHANGE PROPOSAL
REQUEST FOR VARIANCE (DEVIATION OR WAIVER)
RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN
RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
SQAP-011758958-14345 APPLIES
MIL-STD-130N(1) DATED 16 NOV 2012.
IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY
SAMPLING:
SEE SQAP-011758958-14345
GOVERNMENT FIRST ARTICLE TEST (FAT) REQUIREMENTS:
Government First Article Preproduction approval required. Testing will be in accordance with applicable drawings, specifications and/or Engineering instructions. The first article offered shall be manufactured at the facilities in which production quantities are procured and produced under this contract. When submitting the first article(s) for government testing, a copy of the contract and all applicable drawings, specifications, engineering instructions, certifications, and inspection sheets shall be provided. Upon receipt and evaluation of the test report from the responsible government testing location, the contracting officer will provide final notification to the manufacturer. Any questions or concerns regarding the first article test requirements must be submitted through the contracting officer.
Additional Wide Area Workflow (WAWF) instructions for government first article test CLIN: The contractor shall code the receiving report for government first article test CLIN in WAWF as Follows:
A: Inspection at origin (Source) - Enter the DCMA office DODAAC listed on page 1 of the contract.
B: Acceptance by other - Enter the issue by office DODAAC listed on page 1 of the contract.
C: Ship to code - Enter the DODAAC of the test facility listed for the government first article test CLIN in the contract (See FAR Clause 52.209-4).
FIRST ARTICLE TEST MARKING INSTRUCTIONS:
FAT sample(s) packaging shall be clearly marked "FIRST ARTICLE TEST EXHIBIT(S) DO NOT POST TO STOCK!!!" in largest font possible with
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SECTION B
SUPPLY/SERVICE: 1650-01-175-8958 CONT'D
contrasting color to the packaging. Marking shall be located adjacent to the Package Shipping Label side and on at least one additional side of the package.
IN ADDITION TO THE ABOVE:
THE CONTRACTOR SHALL PROVIDE ALL NON-
GOVERNMENTAL DRAWINGS, SPECIFICATIONS, AND
STANDARDS FOR GOVERNMENT REVIEW OF THE
CONTRACTOR'S FIRST ARTICLE TEST REPORT. THIS
INFORMATION IS FOR GOVERNMENT USE ONLY
AND WILL NOT BE RELEASED. THIS INFORMATION WILL
BE RETURNED TO THE CONTRACTOR OR DESTROYED AT
THE CONTRACTOR'S DIRECTION.
PRODUCTION LOT SAMPLE TESTING REQUIRED, GOVERNMENT TESTING IAW ANSI/ASQC
Z1.4-2008, LEVEL S-2<(>,<)> SELECTED AT RANDOM BY THE COGNIZANT
GOVERNMENT REPRESENTATIVE. SAMPLES SHALL BE IDENTIFIED BY CONTRACT
NUMBER AND LOT NUMBER, AND BE CLEARLY MARKED- PRODUCTION LOT SAMPLE.
TESTING IAW APPLICABLE DWGS/SPECS AND CONTRACT REQUIREMENTS. UPON
COMPLETION OF TESTING, SAMPLES WILL BE RETURNED TO THE CONTRACTOR. IN
ORDER FOR A PRODUCTION LOT TO BE ACCEPTABLE, ALL SAMPLES
REPRESENTATIVE OF THE LOT MUST PASS ALL OF THE CONTRACT REQUIREMENTS.
UPON NOTIFICATION OF ACCEPTANCE, SAMPLES WILL BE CONSIDERED PART OF THE
PRODUCTION QUANTITY AND SHIPPED WITH THE REST OF THE PRODUCTION LOT. IN
THE EVENT A SAMPLE FAILS TO PASS REQUIREMENTS, LOT WILL BE REJECTED.
GOVERNMENT FIT TEST REQUIREMENTS:
This NSN has additional requirements for FIT check.
The location of the FIT Check will be provided to the Supplier upon completion of the Review of the First Article Test Report.
The Location and detailed requirements for the Samples to be sent will be provided by the PCO to the Supplier.
In the event that the FAT is WAIVED and the FIT check is still REQUIRED;
The Supplier is to notify the PCO 14 days prior to #ready to ship# in order to obtain the location and detailed requirements for the FIT samples to be sent.
THIS ITEM HAS TECHNICAL DATA SOME OR ALL OF WHICH IS SUBJECT TO
EXPORT-CONTROL REGULATIONS. DISTRIBUTION OF THE TECHNICAL DATA AND
ELIGIBILITY FOR AWARD ARE LIMITED TO THOSE SUPPLIERS QUALIFIED THROUGH
JCP CERTIFICATION, OR TO THOSE LICENSED BY EITHER THE DEPARTMENTS OF
STATE OR COMMERCE; OR TO FOREIGN SUPPLIERS PURSUANT TO INTERNATIONAL
AGREEMENTS.
TO APPLY FOR JCP CERTIFICATION, COMPLETE DD FORM 2345, MILITARY CRITICAL
TECHNICAL DATA AGREEMENT, FORM IS AVAILABLE AT THE WORLD WIDE WEB
ADDRESS:
https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/defaul t.aspx
OR BY WRITING TO:
DLA LOGISTICS INFORMATION SERVICE
FEDERAL CENTER
74 WASHINGTON AVE., NORTH
BATTLE CREEK, MI 49037-3084
TO MANUFACTURE THIS ITEM, NON-JCP CERTIFIED SUPPLIERS MUST SUBMIT A
CURRENT MANUFACTURING LICENSE AGREEMENT, TECHNICAL ASSISTANCE AGREEMENT,
DISTRIBUTION AGREEMENT OR OFF-SHORE PROCUREMENT AGREEMENT APPROVED BY
THE DIRECTORATE OF DEFENSE TRADE CONTROLS WITH THE OFFER, UNLESS AN
EXEMPTION UNDER THE PROVISIONS OF ITAR SECTION, 125.4 EXEMPTIONS OF
GENERAL APPLICABILITY, AND/OR EAR PART 740 ARE APPLICABLE.
NON-JCP CERTIFIED SUPPLIERS SEEKING EXPORT CONTROLLED TECHNICAL DATA ARE
REQUIRED TO PROVIDE THE CONTRACTING OFFICER WITH AN APPLICABLE AGREEMENT
OR IDENTIFY WHICH ITAR/EAR EXEMPTION APPLIES TO RECEIVE A COPY OF THE
EXPORT CONTROLLED TECHNICAL DATA.
NOTE: JCP CERTIFIED CONTRACTORS WHO RECEIVE TECHNICAL DATA PURSUANT TO
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SECTION B
SUPPLY/SERVICE: 1650-01-175-8958 CONT'D
THEIR DD FORM 2345 CERTIFICATION MAY NOT FURTHER DISSEMINATE SUCH DATA
UNLESS FURTHER DISSEMINATION OF THE TECHNICAL DATA IS EXPRESSLY
PERMITTED BY DODD 5230.25.
THIS IS A NAVY IDENTIFIED CRITICAL SAFETY ITEM
(CSI).
ALL REQUESTS FOR WAIVERS OR DEVIATIONS MUST BE
FORWARDED TO THE DSC CONTRACTING OFFICER FOR
REVIEW AND APPROVAL.
ALL ITEMS OF SUPPLY SHALL BE MARKED IAW
MIL-STD-129. IN ADDITION, EACH UNIT PACK WILL
BE MARKED WITH LOT AND SERIAL NUMBER (IF AVAILABLE),
CONTRACTOR'S CAGE CODE, ACTUAL MANUFACTURER'S
CAGE CODE AND PART NUMBER.
CRITICAL APPLICATION ITEM
TEK PRECISION CO., LTD. 65780 P/N 65661-06250-041
IAW REFERENCE DRAWING NR 78286 65661-06250
REVISION NR C DTD 08/11/1987
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 78286 65661-06250
REVISION NR J DTD 09/03/1997
PART PIECE NUMBER: 65661-06250-041
IAW REFERENCE DRAWING NR 78286 65661-06250
REVISION NR D DTD 02/05/1985
PART PIECE NUMBER:
IAW REFERENCE QAP 13873 QAP-106
REVISION NR B DTD 08/01/2006
PART PIECE NUMBER:
IAW REFERENCE QAP 13873 SQAP-011758958-14345
REVISION NR DTD 10/10/2014
PART PIECE NUMBER:
Critical Safety Item
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 1650-01-175-8958 24.000 EA $ ________________ $ ________________
PISTON ASSEMBLY
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: ORIGIN
FOB: ORIGIN DELIVERY DATE: 525 DAYS ADO
PREP FOR DELIVERY:
PKGING DATA - MIL-STD-2073-1D, 15 DEC 1999
QUP:001 PRES MTHD:20 CLNG/DRY:1 PRESV MAT:02
WRAP MAT:GC CUSH/DUNN MAT:GT CUSH/DUNN THKNESS:A
UNIT CONT:D3 OPI:M
INTRMDTE CONT:EC INTRMDTE CONT QTY:000
PACK CODE:U
MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.
SPECIAL MARKING CODE:00 -00 No special marking
PALLETIZATION SHALL BE IN ACCORDANCE WITH MD00100452 REV B DATED JULY 01, 2008
PARCEL POST ADDRESS:
SW3113
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SECTION B
SUPPLY/SERVICE: 1650-01-175-8958 CONT'D
DLA DISTRIBUTION CHERRY POINT
PHANTOM RD BLDG 147 BAY A
CHERRY POINT NC 28533-5040
US
FOR TRANSPORTATION ASSISTANCE SEE DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION (FDT) AWARDS SEE DLAD PROC
NOTE C20 AND
CONTRACT INSTRUCTIONS.
FREIGHT SHIPPING ADDRESS:
SW3113
DLA DISTRIBUTION CHERRY POINT
PHANTOM RD BLDG 147 BAY A
CHERRY POINT NC 28533-5040
US
Government First Article Test Government First Article Test – The number of units shown signifies the test requirement. See FAR clause 52.209-4 for the actual quantity required to be tested.
0002 0001 - S00000052 1.000 EA $ ________________ $ ________________
FOB: DELIVERY DATE: 258 DAYS ADO
PREP FOR DELIVERY:
Not Applicable
Production Lot Testing (Government)
0003 0001 - S00000061 1.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: ORIGIN
FOB: ORIGIN DELIVERY DATE: 120 DAYS ADO
Government Fit Verification Test
0004 0001 - S00000060 1.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: ORIGIN
FOB: ORIGIN DELIVERY DATE: 10 DAYS ADO
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SECTION B
SUPPLY/SERVICE: 0001-S00000060 CONT'D
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 0070221575 0001 N/A N/A N/A 04/16/2019
0002 N/A N/A N/A N/A N/A N/A
0003 N/A N/A N/A N/A N/A N/A
0004 N/A N/A N/A N/A N/A N/A
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SECTION A - SOLICITATION/CONTRACT FORM
TECHNICAL REQUIREMENTS
THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE
WEB AT:
http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-
ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR
SECTION C - SPECIFICATIONS/SOW/SOO/ORD
C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (SEP 2016)
SECTION D - PACKAGING AND MARKING
252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (JUN 2016) DFARS
As prescribed in 211.275-3, use the following clause:
(a) Definitions. As used in this clause --
“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.
“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:
(1) Sand.
(2) Gravel.
(3) Bulk liquids (water, chemicals, or petroleum products).
(4) Ready-mix concrete or similar construction materials.
(5) Coal or combustibles such as firewood.
(6) Agricultural products such as seeds, grains, or animal feed.
“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.
“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means.
The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its content.
“EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards for the adoption of passive RFID technology.
“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.
“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and file:///C:/Users/RJ30041/AppData/Local/Temp/
Temp2_dfars_html%20(1).zip/dfars_html/211_2.htm
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SECTION D - PACKAGING AND MARKING (CONTINUED)
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secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.
“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal™ Class 1 Generation 2 standard.
“Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/ interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.
“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).
(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that --
(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:
(A) Subclass of Class I - Packaged operational rations.
(B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.
(C) Class IIIP - Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.
(D) Class IV - Construction and barrier materials.
(E) Class VI - Personal demand items (non-military sales items).
(F) Subclass of Class VIII - Medical materials (excluding pharmaceuticals, biologicals, and reagents - suppliers should limit the mixing of excluded and non-excluded materials).
(G) Class IX - Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and
(ii) Are being shipped to one of the locations listed at http://www.acq.osd.mil/log/sci/RFID_ship-to_locations.html or to --
(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to --
(B) The following location(s) deemed necessary by the requiring activity:
Contract Line, Subline, or Exhibit Line Item Number Location Name City State DoDAAC
(2) The following are excluded from the requirements of paragraph (b)(1) of this clause:
(i) Shipments of bulk commodities.
(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.
(c) The Contractor shall --
(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID tags and conforms to the requirements in paragraph (d) of this clause;
(2) Use passive tags that are readable; and
(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.
(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data http://www.acq.osd.mil/log/sci/RFID_ship-to_locations.html
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SECTION D - PACKAGING AND MARKING (CONTINUED)
CONTINUED ON NEXT PAGE
Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.epcglobalinc.org/standards/.
(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.
(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.
(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1).
(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.
(End of clause)
SECTION E - INSPECTION AND ACCEPTANCE
52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) FAR
As prescribed in 46.311, insert the following clause:
(a) The Contractor shall comply with the higher-level quality standard(s) listed below.
Title Number Date Tailoring
[Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]
(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require-
(i) Control of such things as design, work operations, in-process control, testing, and inspection; or
(ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced metrology.
(End of Clause)
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS
E06 INSPECTION AND ACCEPTANCE AT ORIGIN (SEP 2016)
The contractor shall indicate the location where supplies will be inspected:
Commercial and Government Entity (CAGE) code:
Address:
Applicable to contract line-item numbers(s) (CLIN(s)):
The contractor shall indicate the location where packaging will be inspected:
( ) Same as for supplies OR CAGE code:
Address:
http://www.epcglobalinc.org/standards/ http://www.acq.osd.mil/log/sci/ait.html file:///C:/Users/RJ30041/AppData/Local/Temp/
Temp2_dfars_html%20(1).zip/dfars_html/252232.htm https://wawf.eb.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/46.htm
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SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)
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Applicable to CLIN(s):
E04 PRODUCTION LOT TESTING (JUL 2017)
SECTION F - DELIVERIES OR PERFORMANCE
52.211-16 VARIATION IN QUANTITY (APR 1984) FAR
As prescribed in 11.703(a), insert the following clause:
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.
(b) The permissible variation shall be limited to:
0 Percent increase [Contracting Officer insert percentage]
0 Percent decrease [Contracting Officer insert percentage]
This increase or decrease shall apply to ALL.*
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H04 SOURCING FOR CRITICAL SAFETY ITEMS (SEP 2016)
SECTION I - CONTRACT CLAUSES
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
FAR
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (OCT 2016) DFARS
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2011_7.html
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SECTION I - CONTRACT CLAUSES (CONTINUED)
252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (NOV 2016) DFARS
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FAR
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 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:
Predecessor legal name:
(Do not use a “doing business as” name)
(End of provision)
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
Standard Element ZB_204_7009 has no Title
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_18.html
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252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011) DFARS
As prescribed in 209.270-5, use the following clause:
(a) Definitions.
“Aviation critical safety item” means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause --
(i) A catastrophic or critical failure resulting in the loss of, or serious damage to, the aircraft or weapon system;
(ii) An unacceptable risk of personal injury or loss of life; or
(iii) An uncommanded engine shutdown that jeopardizes safety.
“Design control activity” means --
(i) With respect to an aviation critical safety item, the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment, in which an aviation critical safety item is to be used; and
(ii) With respect to a ship critical safety item, the systems command of a military department that is specifically responsible for ensuring the seaworthiness of a ship or ship equipment, in which a ship critical safety item is to be used.
“Ship critical safety item” means any ship part, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause --
(i) A catastrophic or critical failure resulting in loss of, or serious damage to, the ship; or
(ii) An unacceptable risk of personal injury or loss of life.
(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 design control activity:
(Insert additional lines as necessary)
(c) Heightened quality assurance surveillance. Items designated in paragraph (b) of this clause are subject to heightened, risk-based surveillance by the designated quality assurance representative.
52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR
252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS As prescribed in 211.273-4, use the following clause:
(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.
(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/209_2.htm
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SECTION I - CONTRACT CLAUSES (CONTINUED)
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(paragraph 4.2).
(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall
(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted;
(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;
(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and
(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 not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards:
(Offeror insert information for each SPI process)
SPI Process:
Facility:
Military or Federal Specification or Standard:
Affected Contract Line Item Number, Subline Item Number, Component, or Element:
(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror
(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but
(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) FAR
52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016) FAR
52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015) FAR
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) FAR
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2016) DFARS
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2016), ALT I (DEC 2016) DFARS
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) DFARS
52.232-1 PAYMENTS (APR 1984) FAR
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR
52.232-11 EXTRAS (APR 1984) FAR
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SECTION I - CONTRACT CLAUSES (CONTINUED)
52.232-25 PROMPT PAYMENT (JAN 2017) FAR
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) DFARS
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) DFARS
As prescribed in 232.7004(b), use the following clause:
(a) Definitions. As used in this clause-
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in
WAWF
Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC
Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code https://www.acquisition.gov/ https://wawf.eb.mil/
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Field Name in WAWF Data to be entered in
WAWF
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS
52.233-1 DISPUTES (MAY 2014) FAR
52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR
52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) DLAD
(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.
(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.
(c) The offeror should check here to opt out of this clause:
[ ]. Alternate wording may be negotiated with the contracting officer.
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SECTION I - CONTRACT CLAUSES (CONTINUED)
52.243-1 CHANGES - FIXED PRICE (AUG 1987) FAR
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017) FAR
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN 2013)
DFARS
52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) FAR
As prescribed in 46.710(a)(1), insert a clause substantially as follows:
(a) Definitions. As used in this clause.
“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.
“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.”
(b) Contractor's obligations.
(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for ONE YEAR FROM DATE OF LAST DELIVERY ORDER UNDER CONTRACT [Contracting Officer shall state specific period of time after delivery, or the specified event whose occurrence will terminate the warranty period; e.g., the number of miles or hours of use, or combinations of any applicable events or periods of time].
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.
(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.
(c) Remedies available to the Government.
(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within ONE YEAR FROM DATE OF LAST DELIVERY ORDER UNDER CONTRACT [Contracting Officer shall insert specific period of time; e.g., “45 days of the last delivery under this contract,” or “45 days after discovery of the defect”].
(2) Within a reasonable time after the notice, the Contracting Officer may either.
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer.
(A) May, for sampling purposes, group any supplies delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2046_7.html
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warranty action is proposed;
(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.
(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.
(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.
(4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the…
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