SPE7L718Q0179.PDF
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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.
SPE7L7-18-Q-0179
2. DATE ISSUED
2018 MAY 08
3. REQUISITION/PURCHASE REQUEST NO.
0071500613
RATING
DO-C9
DLA LAND AND MARITIME
LAND SUPPLIER OPNS BATTERIES/TIRES
P O BOX 3990
COLUMBUS OH 43218-3990
USA
Buyer: Emelie Deslauriers PLCLCA5 Tel: 614-692-3913 Fax: 614-693-1603 Email: Emelie.Deslauriers@dla.mil
6. DELIVER BY (Date)
65 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 MAY 15
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 26 PAGES
SPE7L7-18-Q-0179
CONTINUED ON NEXT PAGE
This solicitation is being issued under the Special Emergency Procurement Authority (SEPA).
This solicitation is being issued under the First Destination Transportation (FDT) program to reduce cost of transportation through the use of Government-Arranged Trasnportation utilizing Government contracts and rates. If this acquisition is for Foreign Military Sales (FMS) FDT will not apply. For FDT program transportation requirements, see Procurement Note C16 - First Destination Transportation (FDT) Program, Government-Arranged Transportation for Manual Awards (AUG 2017), Procurement Note C17 - FDT Program-Shipments Originating from Outside the Contiguous United States and C20 - Vendor Shipment Module (VSM). Offers should be submitted based on FOB Origin. For offerors whose shipments will orginate from outside the contiguous United States, the offeror's FOB Origin price shall include transportation to a contiguous United States location that the offeror selects based on cost effectiveness or other variables at the offeror's discretion. Additional information about FDT can be found at: http://www.dla.mil/FDTPI/
EVALUATION FACTORS FOR AWARD “Award will be made to the offeror(s) whose quote(s) conforms to the solicitation requirements and represents the best value to the Government. Past performance, offered delivery and price will be evaluated when making a comparative assessment of quotes. An award may be made to other than the lowest priced, technically acceptable, responsible offeror(s).
OFFER SUBMISSION INSTRUCTIONS: ALL OFFERORS MUST SUBMIT THIER QUOTES THROUGH DIBBS . Once the evaluation process begins, late quotations will only be considered if the contracting officer determines that considering the late quotation is in the best interest of the Government and would not unduly delay the award.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 26 PAGES
CONTINUED ON NEXT PAGE
SECTION B
SUPPLIES/SERVICES: 2640-01-563-1421
ITEM DESCRIPTION:
RUN-FLAT KIT,INSERT
RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT
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.
RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
Used on: AS-0558 BUFFALO A2 REAR
THIS SHELF LIFE ITEM IS NON-EXTENDABLE, CODE S,
WITH A TOTAL SHELF LIFE OF SIXTY MONTHS.
MATERIAL FURNISHED UNDER THIS CONTRACT/ORDER
SHALL HAVE AT LEAST 85% (51 MONTHS) OF SHELF
LIFE REMAINING AT TIME OF DELIVERY.
CLASS I OZONE DEPLETING CHEMICALS ARE NOT TO BE
USED NOR INCORPORATED IN ANY ITEMS TO BE
DELIVERED UNDER THIS CONTRACT.THIS PROHIBITION
SUPERSEDES ALL SPECIFICATION REQUIREMENTS BUT
DOES NOT ALLEVIATE ANY PRODUCT REQUIREMENTS.
SUBSTITUTE CHEMICALS MUST BE SUBMITTED FOR
APPROVAL UNLESS THEY ARE AUTHORIZED BY THE
SPECIFICATION REQUIREMENTS.
NAVISTAR DEFENSE LLC DBA 338X5 P/N 4019257C1
Hutchinson Industries, Inc. DBA 62161 P/N VF-0223 Spartan Motors USA, Inc. DBA 36MV0 P/N 0595-WW1-001 Oshkosh Defense, LLC 75Q65 P/N 3840380
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 2640-01-563-1421 334.000 KT $ ________________ $ ________________
RUN-FLAT KIT
,INSERT
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: ORIGIN DELIVERY DATE: 65 DAYS ADO
PREP FOR DELIVERY:
PKGING DATA - MIL-STD-2073-1D, 15 DEC 1999
QUP:001 PRES MTHD:ZZ CLNG/DRY:Z PRESV MAT:ZZ
WRAP MAT:ZZ CUSH/DUNN MAT:ZZ CUSH/DUNN THKNESS:Z
UNIT CONT:ZZ OPI:M
INTRMDTE CONT:ZZ INTRMDTE CONT QTY:ZZZ
PACK CODE:U
MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.
SPECIAL MARKING CODE:ZZ -ZZ Special Requirements
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 26 PAGES
CONTINUED ON NEXT PAGE
SUPPLY/SERVICE: 2640-01-563-1421 CONT'D
Item is Type I Shelf Life. MIL-STD-2073 Special Markings Code 32 applies.
"PRESERVATION & PACKAGING SHALL BE
I/A/W THE LATEST REVISION OF MILITARY
SPECIFICATION MIL-STD-2073-1 APPENDIX D,
FOR PACKAGING OF "KITS".
In addition to MIL-STD-129 markings, each MRAP palletized shipment shall include two, 10 inch by 10 inch fluorescent yellow sticker/sign/placard with the letters MRAP in 2 inch bold black letters and applied to one side and one panel of palletized load. For better visibility, place the MRAP sticker/sign/placard on the outside of the multiwall container(s) or the pallet, not under any shrink-wrap. The stickers are to be placed high on each side of each container, so they are visible at eye level.
This sticker/sign/placard is required to expedite the receipt and inspection of these shipments. This requirement is only applicable for shipments directed to DDC depots and direct vendor deliveries to CCPs;
and does not apply to direct vendor deliveries to the customer.
ACCEPTABLE DEVIATIONS: Contractor is authorized to make adjustments to actual sticker size and font size when shipping containers are not large enough to adequately display all required MIL-STD-129 markings along with the standard size (as cited above).
OEM MRAP STICKERS: Each OEM has a designated background color in lieu of the standard yellow background MRAP sticker in an effort to apply Lean Six Sigma principles and concepts to packaging, storage, and transport of MRAP material to theater. The following are the official designations (background color # text required):
GREEN # MRAP BAE (TX)
TEAL # MRAP OSHKOSH
PURPLE # MRAP BAE (PA)
ORANGE # MRAP FPII
BLUE # MRAP NAVISTAR
PINK # MRAP GDLS
NOTE: If MRAP stickers are missing or OEM is exhausting yellow background stickers, no quality notification shall be submitted to Contract Administrating Activity.
IP025: PACKAGING, MARKING, AND SHIPPING OF HAZARDOUS MATERIALS
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 ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT) AWARDS SEE DLAD
52.247-9059 AND
CONTRACT INSTRUCTIONS INSTEAD.
FREIGHT SHIPPING ADDRESS:
W25G1U
W1A8 DLA DISTRIBUTION
DDSP NEW CUMBERLAND FACILITY
2001 NORMANDY DRIVE DOOR 113 TO 134
NEW CUMBERLAND PA 17070-5002
US
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 26 PAGES
CONTINUED ON NEXT PAGE
SUPPLY/SERVICE: 2640-01-563-1421 CONT'D
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 0071500613 0001 N/A N/A N/A 04/06/2018
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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.
SECTION C - SPECIFICATIONS/SOW/SOO/ORD
C04 UNUSED FORMER GOVERNMENT SURPLUS PROPERTY (DEC 2016)
To be considered for award, the offeror must complete and submit the following representation with their offer. Additional supporting documentation to demonstrate the surplus material offered was previously owned by the Government and meets solicitation requirements must be provided within 24 hours of request by the contracting officer.
(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes [ ] No [ ]
The material conforms to the technical requirements cited in the solicitation (e.g., Commercial and Government Entity (CAGE) Code and part number, specification, etc.). Yes [ ] No [ ] The material conforms to the revision letter/number, if any is cited. Yes [ ] No [ ] Unknown [ ] If No, the revision does not affect form, fit, function, or interface. Yes[ ] No [ ] Unknown [ ] The material was manufactured by:
(Name):
(Address):
(2) The offeror currently possesses the material Yes [ ] No [ ]
If yes, the offeror purchased the material from a Government selling agency or other source.
Yes [ ] No [ ] If yes, provide the following:
Government Selling Agency:
Contract Number:
Contract Date: (Month, Year):
Other Source:
Address:
Date Acquired: (Month/Year)
(3) The material has been altered or modified. Yes [ ] No [ ]
If Yes, the offeror must provide the name of the company that performed the alteration or modification and attach or forward to the contracting officer a complete description of the alterations or modifications.
(4) The material has been reconditioned. Yes [ ] No [ ]
If Yes, (i) the price offered includes the cost of reconditioning /refurbishment. Yes [ ] No [ ] ; and (ii) the offeror must provide information on the company that reconditioned the material with the certifications and attach or forward to the contracting officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard. The material contains cure-dated components. Yes [ ] No [ ]
If Yes, (i) the price includes replacement of cure-dated components. Yes [ ] No [ ] ; and (ii) provide cure date to the contracting officer.
5) The material has data plates attached. Yes [ ] No [ ]
If Yes, the offeror must state below all information contained thereon, or forward a copy or facsimile of the data plate to the contracting officer.
(6) The offered material is in its original package. Yes [ ] No [ ]
If Yes, the offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the contracting officer
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 26 PAGES
SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)
CONTINUED ON NEXT PAGE
a copy or facsimile of original package markings:
Contract Number
NSN
CAGE Code
Part Number
Other Markings/Data
(7) The offeror has supplied this same material (National Stock Number) to the Government before. Yes [ ] No [ ]
If Yes, (i) the material being offered is from the same original Government contract number as that provided previously. Yes [ ] No [ ] ; and
(ii) state below the Government Agency and contract number under which the material was previously provided:
Agency
Contract Number
(8) The material is manufactured in accordance with a specification or drawing. Yes [ ] No [ ]
If Yes, (i) the specification/drawing is in the possession of the offeror. Yes [ ] No [ ] ; and (ii) the offeror has stated the applicable information below, or forwarded a copy or facsimile to the contracting officer. Yes [ ] No [ ]
Specification/Drawing Number
Revision (if any)
Date
(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes [ ] No [ ]
If Yes, (i) material has been re-preserved. Yes [ ] No [ ] ; (ii) material has been repackaged. Yes [ ] No [ ] ; (iii) percentage of material that has been inspected is %; and/or (iv) number of items inspected is ; and (v) a written report was prepared. Yes [ ] No [ ] ; and if Yes, the offeror has attached the written report or forwarded it to the contracting officer. Yes[ ] No[ ]
The offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, Inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.
The offeror has attached or forwarded to the contracting officer one of the following, to demonstrate that the material being offered was previously owned by the Government (offeror check which one applies):
[ ] For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DLA Disposition Services Form 1427, Notice of Award, Statement and Release Document.
[ ] For DLA Disposition Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.
[ ] When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, commercial and Government entity (CAGE) code and part number, and original contract number.
(This information has already been provided in paragraph (c)(6) of this clause. Yes [ ] No [ ] .)
[ ] When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government. Describe and/or attach.
This only applies to offers of Government surplus material. Offers of commercial surplus, manufacturer's overruns, residual inventory resulting from terminated Government contracts, and any other material that meets the technical requirements in the solicitation but was not previously owned by the Government will be evaluated in accordance with the DLAD procurement note L04, Offers for Part Numbered Items.
If requested by the contracting officer, the offeror shall furnish sample units, in the number specified, to the contracting officer or to another location specified by the contracting officer, within 10 days after the contracting officer's request. The samples will be furnished at no cost to the Government. All such samples not destroyed in evaluation will be returned at the offeror's expense. The samples will be evaluated for form, fit, and function with subassembly, assembly, or equipment with which the items are to be used. End items furnished under any contract award to the offeror furnishing the samples can include the returned samples, and all acceptable end items will have a configuration identical to the samples. If specific tests of the samples' performance are made by the Government, the offeror will be furnished the results of such tests prior to a contract being entered into. In addition to any other inspection examinations and tests required by the contract, the performance of the end items will be required to be as good as that of the samples submitted.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 26 PAGES
SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)
CONTINUED ON NEXT PAGE
In the event of award, the contractor will be responsible for providing material that is in full compliance with all requirements in the contract or order. The surplus material to be furnished must meet the requirements of the current contract or order, whether or not the material met Government requirements in existence at the time the material was initially manufactured or sold to the Government. If higher-level contract quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.
C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (SEP 2016)
C01 SUPERSEDED PART NUMBERED ITEMS (SEP 2016)
C14 REPACKAGING OR RELABELING TO CORRECT DEFICIENCIES (AUG 2017)
C20 VENDOR SHIPMENT MODULE (VSM) (AUG 2017)
C16 FIRST DESTINATION TRANSPORTATION PROGRAM, GOVERNMENT ARRANGED TRANSPORTATION FOR MANUAL AWARDS
(AUG 2017)
C17 FIRST DESTINATION TRANSPORTATION (FDT) PROGRAM – SHIPMENTS ORIGINATING FROM OUTSIDE THE CONTIGUOUS
UNITED STATES (AUG 2017)
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
E05 PRODUCT VERIFICATION TESTING (SEP 2016)
SECTION F - DELIVERIES OR PERFORMANCE
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR
SECTION H - SPECIAL CONTRACT REQUIREMENTS
252.223-7001 HAZARD WARNING LABELS (DEC 1991) DFARS
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
MATERIAL (If None, Insert “None”)
ACT
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 26 PAGES
SECTION H - SPECIAL CONTRACT REQUIREMENTS (CONTINUED)
SECTION I - CONTRACT CLAUSES
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR
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
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2016) FAR
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
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR
52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) FAR
As prescribed in 4.1804(d), insert the following provision:
(a) Definitions. As used in this provision - “Commercial and Government Entity (CAGE) code” means -
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_18.html
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SECTION I - CONTRACT CLAUSES (CONTINUED)
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Predecessor CAGE code: (or mark “Unknown”) Predecessor legal name:
(Do not use a “doing business as” name)
(End of provision)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (OCT 2016) DFARS
(a) Definitions. As used in this clause -
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered defense information” means unclassified information that -
(1) Is -
(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(2) Falls in any of the following categories:
(i) Controlled technical information.
(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).
(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications;
and sensitive nuclear technology information.
(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party's reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):
(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government's activities related to clause 252.204-7012, and shall not be used for any other purpose.
(2) The Contractor shall protect the information against unauthorized release or disclosure.
(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.
(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.
(5) A breach of these obligations or restrictions may subject the Contractor to -
(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and
(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm
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SECTION I - CONTRACT CLAUSES (CONTINUED)
CONTINUED ON NEXT PAGE
this clause.
(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government's activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.
(End of clause)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS
(a) Definitions. As used in this clause-
“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
“Covered defense information” means unclassified information that -
(i) Is --
(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract;
and
(ii) Falls in any of the following categories:
(A) Controlled technical information.
(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).
(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.
(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
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“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.
"Operationally critical support'' means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.
“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall -
(1) Implement information systems security protections on all covered contractor information systems including, at a minimum -
(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government -
(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and
(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or
(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause -
(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or
(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and
(2) Apply other information systems security measures when the Contractor easonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall --
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil http://dibnet.dod.mil/
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required elements at http://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.
(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD -
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or
(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall -
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties; and
(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.
mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or http://dibnet.dod.mil/ http://iase.disa.mil/pki/eca/Pages/index.aspx http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm
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next higher-tier subcontractor) as soon as practicable.
(End of clause)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY
THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) DFARS
52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR
252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS
(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.
(d) Absent a determination that an SPI process is 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:
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
52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000 (MAY 2014) FAR
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR
52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) FAR
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) FAR
52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) FAR
52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015) FAR
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) FAR
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(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number.
This information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material (If none, insert “None”)
Identification No.
52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARNING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)
FAR
As prescribed in 23.804(a)(1), insert the following clause:
Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)
(a) Definition. As used in this clause - “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.
“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives
Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/).
“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.
“Ozone-depleting substance,” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as -
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.
C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:
WARNING
Contains (or manufactured with, if applicable) *_ , a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall -
(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by -
(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);
(ii) Contract number; and
(iii) Equipment/appliance;
(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after -
(i) Annually by November 30 of each year during contract performance; and
(ii) At the end of contract performance.
(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap.
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) FAR
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS—BASIC (SEP
2014) DFARS
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) DFARS
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2023_8.html http://www.epa.gov/snap http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.epa.gov/snap https://www.epa.gov/snap
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252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY
COMPANIES (SEP 2006) DFARS
252.225-7021 TRADE AGREEMENTS (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…
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