SPE4A718Q1511.PDF
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- RELEASE ASSEMBLY Federal contract opportunity
- Solicitation number
- SPE4A718Q1511
- 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-1511
2. DATE ISSUED
2018 AUG 10
3. REQUISITION/PURCHASE REQUEST NO.
0073308347
RATING
DO-C9
DLA AVIATION
ASC SUPPLIER OPER AE AND AF DIV
8000 JEFFERSON DAVIS HWY
RICHMOND VA 23297
USA
Buyer: Patrick Dale DPD0014 Tel: 804-279-2437 Email: Patrick.Dale@dla.mil
6. DELIVER BY (Date)
193 DAYS ADO
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 AUG 17
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 21 PAGES
SPE4A7-18-Q-1511
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 IMPORTANCE 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 (PROC NOTE L08) [ ] PPIRS-RC Assessments [ ] Historical Quality (not captured in PPIRS) [ ] Historical Delivery Schedule Compliance (not captured in
PPIRS)
[ ] Other (specify):
(End of Notice)
DANN-13-01 (ALT I) Evaluation and Award for Acquisitions Below the Simplified Threshold (ALT I) (September 2016)
(a) Quoted Delivery. The Government will evaluate the quoter’s compliance with the delivery schedule specified in the solicitation. Quoting a greater number of days delivery than requested under the solicitation will result in the quote being evaluated less favorably than an a quote meeting the requested delivery schedule. There will be no evaluation preference for quoted delivery which is earlier than the requested delivery schedule.
(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.
(End of Notice)
DAAN-13-02 Notification of Rejection of Unilateral Award (September 2016)
INSPECTION ACCEPTANCE: ORIGIN
FOB: ORIGIN
QTY VARIANCE: PLUS 0% MINUS 0%
CRITICAL APPLICATION ITEM
EXPORT CONTROL APPLIES
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 21 PAGES
CONTINUED ON NEXT PAGE
SECTION B
SUPPLIES/SERVICES: 1680-01-146-9362
ITEM DESCRIPTION:
RELEASE ASSY,RUDDER
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)
RQ006: QUALITY CONFORMANCE INSPECTION REQUIREMENTS
RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN
RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
RT001: MEASURING AND TEST EQUIPMENT
OFFERORS NOT CITED AS ACCEPTABLE SOURCES IN THE
PURCHASE ORDER TEXT ARE REQUIRED TO
OBTAIN SOURCE APPROVAL FROM THE DESIGN CONTROL
ACTIVITY. SOURCE APPROVAL REQUESTS/TECHNICAL
DATA PACKAGES MUST BE SUBMITTED TO DSCR WITH
THE OFFER.
A BIDSET IS AVAILABLE AND MAY BE USED IN DEVELOPING A SOURCE APPROVAL
REQUEST PACKAGE FOR ENGINEERING SOURCE APPROVAL. A COPY OF THE BIDSET
CAN BE OBTAINED BY GOING TO THIS WEB SITE:
https://pcf1x.bsm.dla.mil/cfolders This item requires Item Unique Identification (IUID) in accordance with the enclosed/referenced IUID technical requirements and MIL-STD-130.
DFARS 252.211-7003 clause applies.
SAMPLING:
THE SAMPLING METHOD SHALL BE IN ACCORDANCE WITH MIL-STD-1916 OR ASQ
H1331, TABLE 1 OR A COMPARABLE ZERO BASED SAMPLING PLAN UNLESS OTHERWISE
SPECIFIED BY THE CONTRACT. IF THE APPLICABLE DRAWING, SPECIFICATION,
STANDARD, OR QUALITY ASSURANCE PROVISION (QAP) SPECIFIES CRITICAL, MAJOR
AND/OR MINOR ATTRIBUTES, THEY SHALL BE ASSIGNED VERIFICAITON LEVELS OF
VII, IV AND II OR AQLS OF 0.1, 1.0 AND 4.0 RESPECTIVELY. UNSPECIFIED
ATTRIBUTES SHALL BE CONSIDERED AS MAJOR UNLESS SAMPLING PLANS ARE
SPECIFIED IN APPLICABLE DOCUMENTS. FOR MIL-STD-1916, THE MANUFACTURER
MAY USE THE ATTRIBUTE OR VARIABLE INSPECTION METHOD AT THEIR OPTION OR
PER THE CONTRACT. MIL-STD-105/ASQ Z1.4 MAY BE USED TO SET SAMPLE LOT
SIZE, BUT ACCEPTANCE WOULD BE ZERO NON-CONFORMANCES IN THE SAMPLE LOT
UNLESS OTHERWISE SPECIFIED IN THE CONTRACT.
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
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SECTION B
SUPPLY/SERVICE: 1680-01-146-9362 CONT'D
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
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.
MIL-STD-130N(1) DATED 16 NOV 2012.
IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY
1. THE FOLLOWING SPECIFICATIONS/STANDARDS, ETC., WILL BE USED IN LIEU OF
THE DATA INDICATED. THE SUPERSEDED DATA WILL NOT BE FURNISHED UNLESS SO
INDICATED.
2. THE SOURCES/MATERIALS IF LISTED ON THE STANDARDS, SPECIFICATIONS AND
DRAWINGS ARE THE ONLY SOURCES/MATERIALS FOR THOSE ITEMS. SUBSTITUTIONS
SHALL HAVE PRIOR APPROVAL BY OO-ALC COGNIZANT ENGINEERING ACTIVITY.
3. DEVIATIONS FROM SPECIFICATIONS IDENTIFIED IN CONTROL DRAWINGS ARE NOT
AUTHORIZED WITHOUT PRIOR APPROVAL BY OO-ALC ENGINEERING.
4. MARK AND IDENTIFY PER MIL-STD-130 IN LIEU OF FPS-3008.
5. NON-CHROMATE CONTAINING VERSIONS OF MIL-PRF-23377 AND MIL-PRF-85582
ARE AUTHORIZED.
6. ITEM UNIQUE IDENTIFICATION (IUID)
AN ITEM UNIQUE IDENTIFICATION (IUID) IS REQUIRED PER MIL-STD-130M.
MARKING OF PART MUST NOT ADVERSELY AFFECT ITEM INTEGRITY OR PERFORMANCE
AND WILL REMAIN HUMAN AND MACHINE READABLE THROUGHOUT THE USABLE LIFE OF
THIS ITEM. THE FOLLOWING
REQUIREMENTS DESCRIBE IUID CHARACTERISTICS:
Marking method: Direct part marking via Laser Bonding using, TherMark or CerMark process.
Thermark Contact Info:
TherMark, Corp.
106 S. Main St. Suite 607 Butler, PA 16001
(412) 269-2650
CerMark Contact Info:
Ferro Corp.
1000 Lakeside Ave.
Cleveland, OH 44114-7000
(216) 641-8580
Marking Location: IUID shall be used for part marking and shall be located in the area specified on the drawing for part marking.
Marking Content: IUID minimum marking content shall consist of current part number, serial number, and manufacturer's CAGE code.
Marking Format: IUID marking information shall be include Machine Readable Information (MRI) and Human Readable Information (HRI). Font and size of information will be determined by the manufacturer, ensuring all required content is included in allowable space specified in
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SECTION B
SUPPLY/SERVICE: 1680-01-146-9362 CONT'D
"Marking Location".
A Deviation/Waiver Request must be submitted by the manufacturer and approved by engineering prior to any deviation from the above requirements.
CRITICAL APPLICATION ITEM
TransDigm, Inc. DBA AeroControlex 04638 P/N 2600070-001
IAW REFERENCE DRAWING NR 81755 16Z001
REVISION NR AK DTD 03/11/2009
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 16PR070
REVISION NR S DTD 05/21/2003
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 16VC027ISS005
REVISION NR C DTD 01/23/2015
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 FPS-3001
REVISION NR G DTD 07/21/2010
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 FQML-1058
REVISION NR 11 DTD 02/28/2011
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 16VC027
REVISION NR B DTD 06/06/2012
PART PIECE NUMBER: 16VC027-1
IAW REFERENCE DRAWING NR 81755 16VC027
REVISION NR B DTD 06/15/2012
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 FQML-3027
REVISION NR 7 DTD 06/26/2008
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 FPS-3007
REVISION NR A DTD 09/27/2001
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 16Z001ISS204
REVISION NR FZ DTD 12/21/2011
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 FMS-3027
REVISION NR C DTD 06/26/2008
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 98747 200733803
REVISION NR D DTD 12/13/2010
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 98747 200733803
REVISION NR D DTD 12/17/2010
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 FMS-1058
REVISION NR F DTD 04/25/2011
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 16VC027ISS051
REVISION NR C DTD 07/22/2016
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 16PR070
REVISION NR A DTD 05/21/2003
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 81755 16PR070
REVISION NR B DTD 05/21/2003
PART PIECE NUMBER:
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SECTION B
SUPPLY/SERVICE: 1680-01-146-9362 CONT'D
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 1680-01-146-9362 40.000 EA $ ________________ $ ________________
RELEASE ASSEMBLY
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: ORIGIN
FOB: ORIGIN DELIVERY DATE: 193 DAYS ADO
PREP FOR DELIVERY:
PKGING DATA-QUP:001
SHALL BE PACKAGED IN ACCORDANCE WITH ASTM D 3951.
Markings Paragraph When ASTM D3951, Commercial Packaging is specified, the following apply:
•,,All Section “D” Packaging and Marking Clauses take precedence over
ASTM D3951.
•,,In addition to requirements in MIL-STD-129, when Commercial Packaging is used, the Method of Preservation for all MIL-STD-129 marking and labeling shall be “CP” Commercial Pack.
•,,The Unit of Issue (U/I) and Quantity per Unit Pack (QUP) as specified in the contract take precedence over QUP in ASTM D3951.
PARCEL POST ADDRESS:
W62G2T
W1A8 DLA DIST SAN JOAQUIN
25600 S CHRISMAN ROAD
REC WHSE 57
TRACY CA 95304-5000
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:
W62G2T
W1A8 DLA DIST SAN JOAQUIN
25600 S CHRISMAN ROAD
REC WHSE 57
TRACY CA 95304-5000
US
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 0073308347 0001 N/A N/A N/A 08/19/2019
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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)
CONTINUED ON NEXT PAGE
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
E07 EVALUATION FACTOR FOR ORIGIN INSPECTION (JAN 2018)
52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS
E06 INSPECTION AND ACCEPTANCE AT SOURCE (JUN 2018)
Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below.
The contractor shall indicate the location where supplies will be inspected, if different from the production location:
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, if different from the production location:
[ ] Same as for supplies OR
CAGE code:
Address:
Applicable to CLIN(s):
The contractor shall indicate the location where supplies will be accepted, if different from the inspection location:
Commercial and Government Entity (CAGE) code:
Address:
Applicable to contract line item numbers(s) (CLIN(s)):
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 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/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2011_7.html
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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
52.247-29 F.O.B. ORIGIN (FEB 2006) FAR
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
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
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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)
52.204–23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY
KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) FAR
As prescribed in 4.2004, insert the following clause:
(a) Definitions. As used in this clause --
Covered article means any hardware, software, or service that --
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
Covered entity means --
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from --
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_18.html https://dibnet.dod.mil https://dibnet.dod.mil
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(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable;
supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
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 COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR
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 (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
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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
52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016) FAR
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR
52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) 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
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.
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(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
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.
https://www.acquisition.gov/ https://wawf.eb.mil/
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(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.
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 (JUL 2018) FAR
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (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 the last delivery under the 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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2046_7.html
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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 the last delivery under the 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 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 Contractor.
(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or
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(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to…
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