SPE4A719Q0131.PDF
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- MASK, OXYGEN Federal contract opportunity
- Solicitation number
- SPE4A719Q0131
- Issued by
- Defense Logistics Agency Aviation
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
0074426820
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
SPE4A7-19-Q-0131
6. SOLICITATION ISSUE
DATE
2018 NOV 05
a. NAME
ITRINA PAYNE-GREEN PARDACT
b. TELEPHONE NUMBER (No Collect calls)
Phone: 804-279-5364
8. OFFER DUE DATE/
LOCAL TIME
2018 NOV 19
9. ISSUED BY CODE SPE4A7
DLA AVIATION
ASC SUPPLIER OPER AE AND AF DIV
8000 JEFFERSON DAVIS HWY
RICHMOND VA 23297
USA
10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
8 (A)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
NAICS: 333414
SIZE STANDARD:
11. DELIVERYFOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
DO-C9
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See Schedule
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
SEE SCHEDULE
03:00 PM
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE ADDENDUM
EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED
COMPLETE PARTIAL FINAL
STANDARD FORM 1449 (REV. 2/2012) BACK
36. PAYMENT
PARTIAL FINAL
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42b. RECEIVED AT (Location)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 37 PAGES
SPE4A7-19-Q-0131
CONTINUED ON NEXT PAGE
HTTP://WWW.DLA.MIL/AVIATION/BUSINESS/INDUSTRYRESOURCES/DLASOURCESFORSUPPLIERS/DAANS.ASPX
DAAN-15-01
DAAN-09-06
DAAN-09-01
DAAN-09-04
SUBCONTRACTING PLAN REQUIRED
THIS IS A LIFE SUPPORT ITEM; SURPLUS MATERIAL WILL NOT BE CONSIDERED FOR AWARD. ONLY QUOTES FROM THE APPROVED SOURCE OF SUPPLY OR AUTHORIZED DEALERS ARE ACCEPTABLE FOR LIFE SUPPORT ITEMS. THE DEALER MUST PROVIDE A COPY OF THE LETTER FROM THE APPROVED SOURCE OF SUPPLY APPROVING THEM TO ACT AS A DEALER/DISTRIBUTOR WITH THEIR QUOTE. QUOTES FROM
SECONDARY DEALERS WILL NOT BE ACCEPTED.
First Destination Transportation (FDT) TAC - S8AF Second Destination Transportation (SDT) TAC - S9NA
THIS IS A CRITICAL APPLICATION ITEM.
THIS IS A LIFE SUPPORT ITEM
CRITICAL SAFETY ITEMS
DLAD Clauses 52.211-9005, 52.211-9006, 52.211-9007 no longer exist. In lieu of selecting the DLAD clauses in Part III, the following clauses/notes apply: DAAN-09-06, Procurement Note H04, and DFARS 252.209-7010.
NSN 1660-01-595-4579 MASK OXYGEN
Offers may be mailed to the Bid Desk or sent to:
Bid Custodian E-mail at: DSCR.Biddesk@dla.mil Bid Custodian Fax: 804-279-4165
This solicitation is a UNRESTRICED FOB: Origin Inspection/Acceptance: Origin
This is a life support item; surplus material will not be considered for award. Only quotes from the approved source of supply or authorized dealers are acceptable for life support items. The dealer must provide a copy of the letter from the approved source of supply approving them to act as a dealer/distributor with their quote. Quotes from secondary dealers will not be accepted.
Government First Article Testing (FAT)
GOVERNMENT FIRST ARTICLE TESTING S00000052:
REQUESTED DELIVERY:
FAT: 120 DAYS
TESTING AND EVALUATION: 125 DAYS
PRODUCTION QUANTITY DUE: 332 DAYS
SHIPPING: 15 DAYS
TOTAL DELIVERY TIME: 592 DAYS
OFFERED DELIVERY:
FAT DUE: ____ DAYS
TESTING AND EVALUATION: 125 DAYS
PRODUCTION QUANTITY DUE: ____ DAYS
SHIPPING: 15 DAYS
TOTAL DELIVERY TIME: ____ DAYS
Early or partial deliveries will be acceptable at no cost to the Government
For information purposes only, please indicate if you are a manufacturer or dealer.
( ) MANUFACTURER ( ) NON-MANUFACTURER QUOTING
All offerors: Please submit your Internet address on your proposal.
POC: ____________________________________________
Phone number: _____________________________________ Fax number: _____________________________________ E-mail address:_____________________________________ The DLA-BSM Internet Bid Board System (DIBBS) may not be used to provide an offer. Any offer provided thru DIBBS will not be considered for award
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 37 PAGES
SUPPLIES/SERVICES: 1660-01-595-4579
ITEM DESCRIPTION:
MASK, OXYGEN, SIZE, ONE FITS MOST
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
THIS IS AN AIR FORCE DESIGNATED 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.
MIL-STD-130N(1) DATED 16 NOV 2012.
IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY
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).
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 37 PAGES
SUPPLY/SERVICE: 1660-01-595-4579 CONT'D
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 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.
THE SUBJECT ITEM REQUIRES CLEANING AND PACKAGING
IN ACCORDANCE WITH SAE ARP1176. CONTRACTORS
SHALL COMPLY WITH APPLICABLE PRACTICES, METHODS
AND PROCEDURES WITH EXCEPTION GRANTED ONLY TO
THOSE CONTRACTORS WHO HAVE RECEIVED PRIOR DSCR
OR OC-ALC WRITTEN APPROVAL TO SUBSTITUTE
CONTRACTOR DEVELOPED PRACTICES. PLEASE NOTE:
SAE ARP1176 REPLACES ALL REFERENCES TO OC-ALC
DRAWING 8148650.
THIS ITEM IS IDENTIFIED AS A COMMERCIAL ITEM - (TO INCLUDE 'COMMERCIAL
OF A TYPE')
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.
CRITICAL APPLICATION ITEM
AVOX SYSTEMS INC. DBA 53655 P/N 358-1506V-4
Critical Safety Item
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 1660-01-595-4579 393.000 EA $ ________________ $ ________________
MASK,OXYGEN
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: ORIGIN
FOB: ORIGIN DELIVERY DATE: 592 DAYS ADO
PREP FOR DELIVERY:
PKGING DATA - MIL-STD-2073-1D, 15 DEC 1999
QUP:001 PRES MTHD:ZZ CLNG/DRY:Z PRESV MAT:XX
WRAP MAT:XX CUSH/DUNN MAT:XX CUSH/DUNN THKNESS:C
UNIT CONT:ZZ OPI:M
INTRMDTE CONT:XX INTRMDTE CONT QTY:XXX
PACK CODE:U
MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.
SPECIAL MARKING CODE:ZZ -ZZ Special Requirements
PALLETIZATION SHALL BE IN ACCORDANCE WITH MD00100452 REV B DATED JULY 01, 2008
TGI DATA:
SOURCE: AVOX SYSTEMS INC., CAGE CODE 53655
Nomenclature tags should be inserted in each bag or securely attached to the package and shipping container, showing title, part number or other data as required, so that the contents can be readily identified without
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 37 PAGES
SUPPLY/SERVICE: 1660-01-595-4579 CONT'D
breaking the label. In addition, labels should be attached to the unit package and shipping container and should include the following or similar information:
CLEANED FOR OXYGEN SERVICE
DO NOT ALLOW PETROLEUM CONTAMIANTS
OF ANY KIND TO BE USED/STORED ON OR ABOUT
THIS CONTAINER.
THE SUBJECT ITEM REQUIRES CLEANING AND PACKAGING
IN ACCORDANCE WITH SAE ARP1176. MARK/LABEL IAW MIL-STD-129.
PARCEL POST ADDRESS:
W25G1U
W1A8 DLA DISTRIBUTION
DDSP NEW CUMBERLAND FACILITY
2001 NORMANDY DRIVE DOOR 113 TO 134
NEW CUMBERLAND PA 17070-5002
US
FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND
CONTRACT
FREIGHT SHIPPING ADDRESS:
W25G1U
W1A8 DLA DISTRIBUTION
DDSP NEW CUMBERLAND FACILITY
2001 NORMANDY DRIVE DOOR 113 TO 134
NEW CUMBERLAND PA 17070-5002
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.
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0002 0001 - S00000052 1.000 EA $ ________________ $ ________________
PRICING TERMS: Firm Fixed Price
FOB: DELIVERY DATE: 120 DAYS ADO
PREP FOR DELIVERY:
Not Applicable
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 0074426820 0001 N/A N/A N/A 07/30/2019
0002 N/A N/A N/A N/A N/A N/A
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 37 PAGES
Form
L04 OFFERS FOR PART NUMBERED ITEMS (SEP 2016)
(a) For part numbered items, identified in the item description only by the name of an approved source (CAGE code), a part number, and a brief description.
Exact product - applies to contract line-item(s) (CLIN(s)):
CAGE code part number
Alternate product - applies to CLIN(s):
CAGE code part number
Superseding part number - applies to CLIN(s):
CAGE code part number
Identify reason for superseding part number:
Administrative P/N change only: Yes No
Minor change/No change in configuration: Yes No
Previously-approved product - applies to CLIN(s):
Contract or Solicitation Number:
CAGE code part number
Correction to CAGE/Part Number - applies to CLIN(s)
CAGE code in error/same corporation, different division Yes No
CAGE code in error/sold to different corporation Yes No
Part number not recognized Yes No
Obsolete part number Yes No
Other Yes No
(b) Exact product means a product described by the name of an approved source and its corresponding part number cited in the item description; and manufactured by, or under the direction of, that approved source. An offeror of an exact product must meet one of the descriptions below.
(1) An approved source offering its part number cited in the item description;
(2) A dealer/distributor offering the product of an approved source and part number cited in the item description;
(3) A manufacturer who produces the offered item under the direction of an approved source; and has authorization from that approved source to manufacture the item, identify it as that approved source's name and part number, and sell the item directly to the Government.
(4) A dealer/distributor offering the product of a manufacturer that meets the description in subparagraph (3) above.
(c) Alternate product.
(1) The offeror must indicate that an alternate product is being offered if the offeror is any one of the following:
(i) An offeror who manufactures the item for an approved source cited in the item description, but does not have authorization from the approved source to identify it as the approved source part number, and sell the item directly to the Government;
(ii) A dealer/distributor offering the product of a manufacturer that meets the description in (i) above;
(iii) An offeror of a reverse-engineered product that is not cited in the item description; or
(iv) An offeror whose product does not meet the criteria of exact product, superseding product or previously approved product.
(2) An offer of an alternate product is an alternate offer.
(d) The offeror must indicate that a superseding part number is being offered if the offered item otherwise qualifies as an exact product, except that the part number cited in the item description has been superseded due to an administrative part number change with no change in configuration of the item.
(e) The offeror must indicate that a previously-approved product is being offered if the product offered has previously been delivered to the
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 37 PAGES
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Government or otherwise previously evaluated and approved.
(f) Correction to CAGE/Part Number Cited in the Item Description
Submitted by offeror to notify the Government if there is a CAGE code error: same corporation/different division; sold to different corporation;
part number not recognized; obsolete part number; other.
(g) Traceability documentation.
(1) The contracting officer may request evidence of the technical acceptability of the product offered.
The evidence must be submitted within 2 days, or as otherwise specified, or the offer will not be considered.
(2) For offers of exact product, offerors other than the approved manufacturing source must retain evidence and provide the traceability evidence of the identity of the item and its manufacturing source when requested by the contracting officer.
(i) If offered item(s) are not in stock or not yet manufactured a copy of an original quotation from the approved source to the offeror identifying exact item cited in item description and a quantity sufficient to satisfy the solicitation requirement.
(ii) If offered item(s) are shipped or in stock, a copy of invoice on approved source's letterhead; or a copy of packing slip which accompanied shipment from approved source to offeror. The invoices and packing slips must identify exact item cited in item description and a quantity sufficient to satisfy the solicitation requirement.
(iii) If the offeror is an authorized dealer/distributor, or manufactures the item for an approved source, a copy of the contractual agreement with, or the express written authority of, the approved source to buy, stock, repackage, sell, or distribute the part. The agreement must specifically identify the exact item, or otherwise ensure that the offeror is authorized by the approved source to manufacture or distribute the exact item being acquired. If the agreement covers a general product line or is otherwise not product specific, the offeror must furnish additional documentation to address the exact item being acquired.
(iv) Other verifiable information.
(1) For superseding part number, the offeror may be requested to furnish evidence to establish that there are no changes in the configuration of the part.
(2) For previously approved products, upon request of the contracting officer, the offeror must furnish the contract, solicitation, source approval request (SAR) package, or letter of approval under which the product was previously furnished or approved.
(h) Alternate offer data.
(1) The contracting officer may request drawings, specifications, or other data necessary to clearly describe the characteristics and features of an alternate offer. Data submitted shall cover design, materials, performance, function, interchangeability, inspection or testing criteria, and other characteristics of the offered product. The contracting officer may also request drawings and other data covering the design, materials, etc., of the exact product cited in the item description if the Agency does not possess data sufficient to evaluate the alternate product. The data must be submitted within 10 days, or as otherwise specified, or the offer will not be considered.
(2) If the alternate product is a reverse-engineered product, the offeror shall provide: technical documentation to establish that the offered item represents the exact item specified in the item description (i.e., invoice from an approved source or submission of samples having markings of an approved source); number of samples that were examined; the process/logic used; raw data (measurements, lab reports, test results) used to prepare drawings or specifications for the offered item; any additional evidence that indicates the reverse-engineered item will function properly in the end item; and any evidence that life cycle/reliability considerations have been analyzed.
(j) Evaluation of alternate offers
If the solicitation does not provide for evaluation of alternate offers for the current procurement, the offeror may submit a request for evaluation of the alternate product's technical acceptability for future procurements of the same item. The request for evaluation shall cite the national stock number (NSN) of the exact product and include the applicable level of technical data. The level of technical data that the Government has available for use to evaluate the acceptability of an alternate product offered, and the corresponding level of technical data that must be furnished with an offer of alternate product, will be identified in the item description and/or via correspondence with the appropriate location below.
(1) For solicitation numbers beginning with SPE7:
DLA Land and Maritime Directorate of Procurement Alternate offer monitor, BPP Post Office (P.O.) Box 3990
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Columbus, Ohio 43218-3990
(2) For solicitation numbers beginning with SPE4:
DLA Aviation Office of the Competition Advocate Attention: BPC 8000 Jefferson Davis Highway Richmond, Virginia 23297-5100
(3) For solicitation numbers beginning with SPE1, SPE2, SPE3, SPE5, or SPE8:
DLA Troop Support Attention: (see note below) 700 Robbins Avenue Philadelphia, Pennsylvania 19111-5096
Note: The address (attention line) will change based on the 4th digit of the PIIN as follows:
SPE1 = Clothing and Textile (C&T) SPE2 = Medical SPE3 = Subsistence SPE5 = Industrial Hardware (formerly Aviation or L&M detachments) SPE8 = Construction and Equipment (C&E)
(4) For solicitation numbers beginning with SPRRA1 and SPRRA2:
Defense Logistics Agency - DLA Aviation Office of the Competition Advocate Building 5201 Redstone Arsenal, Alabama 35898
(5) For solicitation numbers beginning with SPRPA1:
DLA Philadelphia Competition Advocate Office 700 Robbins Avenue Building 1 Philadelphia, Pennsylvania 19111-5098
(6) For Tank-Automotive and Armaments Command (TACOM) Depot Level Repairable (DLR) - DLA Land and Maritime solicitations beginning with SPRDL1:
Defense Logistics Agency DLR Procurement Operations - ZG 6501 East Eleven Mile Road Warren, Michigan 48397-5000
(7) For Communications-Electronics Command (CECOM) DLR-DLA Land and Maritime solicitations beginning with SPRBL1: Defense Logistics Agency
DLR Procurement Operations - ZL 6001 Combat Dr., Rm. C1-301 Aberdeen Proving Ground, MD 21005-1846
M06 EVALUATION OF OFFERS FOR PART NUMBERED ITEMS (SEP 2016)
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-
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 37 PAGES
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ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
Part 12 Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) FAR
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL
ITEMS (AUG 2018) FAR
As prescribed in 12.301(b)(4), insert the following clause:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate].
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.
2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) Reserved.
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
(Oct 2015) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
(10) Reserved.
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
(13) Reserved
(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
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(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Nov 2016) of 52.219-9.
(v) Alternate IV (Nov 2016) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages --Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(26) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA -Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).
(Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(ii) Alternate I (JAN 2017) of 52.224-3.
(46) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83).
(47)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.
C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
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(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(55) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (31 U.S.C. 3332).
(56) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
Contracting Officer check as appropriate.
(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (May 2014) (41 U.S.C. chapter 67).
(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (May 2014) (41 U.S.C. chapter 67).
(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are
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finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause --
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL
ITEMS (JUL 2018), ALT I (FEB 2000) FAR
CLAUSES ADDED TO PART 12 BY ADDENDUM
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52.203-14 DISPLAY OF HOTLINE POSTER (OCT 2015) FAR
As prescribed in 3.1004(b), insert the following clause:
(a) Definition.
“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c).
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites.
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
(Contracting Officer shall insert ---
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and
(ii) The website(s) or other contact information for obtaining the poster(s).)
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract.
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
(End of clause)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
FAR
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS
252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (NOV 2016) DFARS
52.204-2 SECURITY REQUIREMENTS (AUG 1996) FAR
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) FAR
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FAR
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%203_10.html
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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
252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013) DFARS
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (OCT 2016) DFARS
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS
52.209-4 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 1989) FAR
As prescribed in 9.308-2(a) and (b), insert the following clause:
[Contracting Officer shall insert details]
(a) The Contractor shall deliver unit(s) of Lot/Item within calendar days from the date of this contract to the Government at
FY2358 [insert name and address of the testing facility] for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.
(b) Within calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the
Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.
(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing.
All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The
Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the
Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.
(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.
(e) Unless otherwise provided in the contract, the Contractor -
(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and
(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.
(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_3.html
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(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.
(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.
52.209-4 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 1989), ALT I (JAN 1997) FAR
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.
http://www.acq.osd.mil/dpap/dars/dfars/html/current/209_2.htm
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E02 SUPPLEMENTAL FIRST ARTICLE EXHIBIT DISPOSITION – GOVERNMENT MAINTAINED (SEP 2016)
H03 SUPPLEMENTAL FIRST ARTICLE TESTING REQUIREMENTS (SEP 2016)
52.211-5…
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