SPE7LX15R0143.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000028857
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
SPE7LX-15-R-0143
5. SOLICITATION NUMBER
2015 AUG 28
6. SOLICITATION ISSUE
DATE
Heidi Treadway PLCLGA5
a. NAME
Phone: 614-692-7316
b. TELEPHONE NUMBER (No Collect calls)
2015 SEP 28
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE SPE7LX
DLA LAND AND MARITIME
LAND SUPPLIER OPERATIONS SMSG
PO BOX 3990
COLUMBUS OH 43218-3990
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
336340NAICS:
SIZE STANDARD:
11. DELIVERYFOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See Schedule
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
SEE SCHEDULE
49PAGE 1 OF
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)
CONTINUED ON NEXT PAGE
PAGE 3 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SPE7LX-15-R-0143
Form
52.211-9014 CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION (AUG 2012) DLAD
252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW – FISCAL YEAR 2014 APPROPRIATIONS (FEB 2014) DFARS
Section B
PLEASE NOTE THAT SECTIONS B THROUGH M ARE NOT IN SEQUENTIAL ORDER.
PLEASE READ SOLICITATION IN ITS ENTIRETY
SECTION A
GENERAL INFORMATION FOR OFFERORS
This solicitation is a 100% small business set-aside.
Under this solicitation the resulting contract will be Firm Fixed Price. The Indefinite Quantity Contract (IQC) issued under FAR Part 12 will consist of a three year base period and (2) 1-year option periods that may be exercised at the discretion of the Government, for a total contract period of five years if both options are exercised. The terms “year” and “contract year” as used in the solicitation mean a period of 365 days beginning on the contract start date and every 365 days thereafter, except for a leap year in which the contract year shall be 366 days.
The purpose of this solicitation is to establish an indefinite quantity contract for the supplies listed in Section B in the enclosed spreadsheet and the Procurement Item Description (PID) which is included in this solicitation. The items will be evaluated in accordance with Section M of this solicitation. The Supplies listed in Section B will provide DLA Direct coverage to CONUS locations. The Government will place orders under this contract for DLA stock coverage only.
The following method will be used to place orders under the contract(s):
Delivery Orders placed by DLA Inventory Control Points (ICP’s). The DLA ICP’s listed below will issue delivery orders with the awardee for the supplies cited in Section B. The orders may be issued using Electronic Data Interchange (EDI) or via e-mail (refer to DLAD 52.204-9001).
Manual orders may also be issued by the individual ICP when deemed necessary. These orders will be for stock coverage REQUIREMENTS ONLY.
The following ICP is authorized to place delivery orders:
DLA Land and Maritime, Columbus, OH S9C—Orders to begin with prefix “SPE7LX” (ex: SPE7LX-15-D-XXXX-0001) PO Box 3990 3990 East Broad Street Columbus, Ohio 43218-3990
PAGE 4 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
At a future date other Government agencies may order under the resulting contract(s).
The proposals received in response to this solicitation will be evaluated under “Best Value” procedures as described in Section M.
This solicitation is for one National Stock Number (NSN), 2530-01-568-4462 that has associated drawings and specifications. This NSN has unique characteristics associated such as Contract First Article Test and Higher Level Requirements. These requirements will be detailed in Section B (Item Description). Applicable clauses will be included in the latter part of the solicitation and will cross reference the information found in the Section B narrative. Due to a system error the following clause in hereby incorporated into this solicitation:
FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)-
(a) The Contractor shall comply with the higher-level quality standard(s) listed below.
_____SEE SCHEDULE_________________________________________________[Contracting Officer insert the title, number (if any), date, and tailoring (if any) of the higher-level quality standards.]
(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require-
(i) Control of such things as design, work operations, in-process control, testing, and inspection; or
(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
(End of clause)
North American Industry Classification System (NAICS) code and Business Size Standard:
336340 and number of employees 750
PROCUREMENT ITEM DESCRIPTION (PID): The PID attached to this solicitation is what is in effect and should be quoted to, regardless of what other information may be posted along with the Request For Proposal (RFP) on DIBBS, unless an Amendment to a PID is issued. It will be available until the solicitation is removed from DIBBS. The PID that is attached to the solicitation or amendment will be incorporated as part of any resultant contract(s) by either being printed and included in the resultant contract(s) or being put electronically on a CD and attached to any resultant contract(s). The item description posted will be in full force throughout the life of any contracts issued under this solicitation, unless modified by the Contracting Officer.
PACKAGING INFORMATION: Please note packaging information for the NSN is located on Section D - Packaging. Please be advised packaging instructions are for CONUS.
FOB Point is Origin. Inspection and Acceptance at Origin (DLAD Clause 52.246-9008) is applicable to this NSN.
SHIPPING INSTRUCTIONS
Shipping instructions shall be provided with individual delivery orders.
PRIORITY RATING: Because this contract does not have a specified delivery date, the basic contract is not rated; however, orders placed against it that include a delivery date are rated orders under FAR 52.211-15, Defense Priority and Allocation Requirements, as of the date of receipt by the supplier.
PAGE 5 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Please note that ALL pages of the solicitation, including attachments, and/or amendments must be completed and returned to the BID ROOM (via mail/fax/E-Mail) -- DO NOT send to the BUYER. Bid room email is Contractor.Proposal.DLA.Land.and.Maritime@dla.mil
Return Solicitation/Amendment(s) To:
Defense Supply Center Columbus ATTN: DSCC-BPSF (Bldg. 20, Room A242N) P.O. Box 3990 Columbus, OH 43218-3990 Fax: 614-692-4275
Please contact the Contract Specialist on page 1 of the solicitation either thru email or by phone when a proposal has been sent to the bid room.
The quantity limitations on any contract resulting from this solicitation are as follows during the contract period: Minimum Quantity or Dollar Amount: $24,975.45 (1% of ADV). Maximum Dollar Amount: $19,980,363.20 (8x Annual Demand Value). The Government is obligated to order only the minimum quantity or dollar figure stated above. The resulting contract minimum applies to the entire range of items awarded and does not guarantee that the Government will purchase any particular quantity or dollar amount of the individual NSN awarded. Contract period is defined as it shall be inclusive of any/all option periods.
QFD: Quarterly Forecast Demand
ADQ= Estimated Annual Demand Quantity
Minimum order quantity is 1 each (also described in 52.216-19)
Maximum order quantity is 23,256 each (also described in 52.216-19)
SECTION B – SCHEDULE OF SUPPLIES
The spreadsheet contains supplies managed by DLA Land & Maritime, Columbus. Offerors may provide their prices/delivery on the hardcopy Section B spreadsheet or a CD. NOTE:
The CD or hard copy offers must be identified with the solicitation number and must be accompanied by the remainder of the required solicitation documents. Spreadsheets are not to be revised by the contractors.
Section B Information/Instructions.
National Stock Number: 2530-01-568-4462
APPROVED SOURCES: The following are the only approved manufacturing sources for this NSN: Wilwood Engineering (04XS7), AM General (34623) and American Friction Technologies (4C2Q4)
PAGE 6 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
OFFERED COMMERCIAL AND GOVERNMENT ENTITY (CAGE)/PART NUMBER:
Contractor is to indicate the approved CAGE and part number proposed.
Place of Inspection Code – Place of Inspection “1” indicates the solicited NSN requires inspection/acceptance at origin, acceptance at source.
Quality Control Code (QCC) of QBA applies to this NSN:
Q in first position - Higher Level Quality – First Article Testing Contractor FAR Clause 52.246-2, Inspection of Supplies – Fixed Price, FAR Clause 52.246-11, Higher-Level Contract Quality Requirements and FAR Clause 52.209-3 First Article Approval- Contractor Testing applies.
Letter B in second – Product Verification Testing (PVT)-DLAD Clause 52.246-9004, Product Verification Testing applies.
Letter A is in the third Position: No specific requirements
SECTION B – PRICING and DELIVERY
Proposed Pricing:
Base Period: Offeror should fill in the base period (Base Period year 1, 2, and 3) unit price and option periods 1 and 2.
Unit prices shall be priced as FOB Origin.
Contract Line Item
Number
(CLIN)
National Stock
Number
Item
Estimated Total
Quantity (52.216-
9009)
Quantity Range
Proposed Unit
Price, Base
Period Year 1.
Year 1.
Proposed Unit Price, Base Period Year 2.
Year 2.
Proposed Unit Price, Base Period Year 3.
Contract Year 3.
Proposed Unit
Price, Option Year 1.
Contract Year 4.
Proposed Unit
Price, Option Year 2.
Year 5.
2530-01- 568-
Shoe
Brake, Parts
Kit
15,505
1-1,938 1,939- 5,814
5,815- 9,690
9,691-
PAGE 7 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
23,256
Unit of Issue
Required Delivery
Proposed Delivery
Approved Source
(CAGE)
Approved Part Number
Offered
CAGE
Offered Part Number
Place of Performance
Kit (KT) 100 days 34623 5717285-
SP
04XS7 Z-150-
10479-PS
4C2Q4 100-5000
GOVERNMENT FIRST ARTICLE TEST (FAT) REQUIREMENTS:
The quantity listed in the “Number of Units Tested” line below signifies the number of units to be submitted for testing. This is not an additional quantity of supplies being procured. Offeror will enter the total price for this requirement or a “No Charge” in the “Standard FAT Lot Charge” line below. In the event the first article test and approval requirements are waived, an award will not be made for this CLIN. If submitting a request for waiver of FAT, please submit all waived documentations with signatures with proposal.
CLIN 0002
NSN 2530-01-568-4462 U/I: KITS
NUMBER OF UNITS TESTED: 3 KT
DELIVERY (IN DAYS) FOR SUBMITTAL OF REPORT: 120 DAYS TEST TIME/GOVERNMENT
REVIEW: 30 DAYS
DISPOSITION OF FAT UNITS: RETAINED BY CONTRACTOR, KEPT AS MANUFACTURING
STANDARD FAT LOT CHARGE $
Send First Article Report to:
DSCC-TE (DODAAC SL0700) ATTN: GREG FLOOM
3990 E. BROAD ST. COLUMBUS, OH 43218-3990
PLEASE NOTIFY DSCC-VP WHEN ITEMS ARE READY TO SHIP:
AN@DLA.MIL
AND RAYMOND.WILKE@DLA.MIL
Product Item Description (PID):
PARTS KIT,SHOE BRAKE
Configuration Change Management - Engineering Change Proposal, Requests for Variance (Deviation or Waiver) February 2015
1. Requirements A. The Configuration Change Management section of SAE EIA-649-1 Configuration Management Requirement for Defense Contracts, Paragraph 3.3, shall be used for Configuration Control of material purchased under this contract.
B. Furnished item(s) shall conform to the approved configuration requirements/revision specified, unless a Pre-Production Request for
PAGE 8 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Variance (deviation) or a Post-Production Request for Variance (waiver), is processed and approved as provided by Paragraph 3. in this Standard Text Object (STO). Hereafter, the term #Request for Variance (RFV)# will also include Requests for Deviations and Waivers.
2. The definitions from EIA-649-1 apply to items being procured under this solicitation/contract, with the following clarification of Deviation & Waiver:
A. Pre-Production RFV (previously known as deviation) requests permission to produce a product that does not conform to contract requirements/documentation for a limited amount of time and for specified effectivity. (A deviation differs from an engineering change in that an approved engineering change requires corresponding revision of the item's current approved configuration documentation, whereas a deviation does not.).
B. Post-Production RFV (previously known as waiver) requests approval of product found during manufacture, or after having been submitted for Government inspection or acceptance, that departs from specified requirements, but nevertheless is considered suitable for use "as is" or after repair by an approved method.
3. Contractor responsibilities.
A. An Engineering Change Proposal (ECP) is used to make permanent changes in the Government technical data package (TDP). Pending approval of an ECP, contractual relief should be requested in writing by the Contractor using a RFV.
B. Refer to FAR Part 48 Value Engineering for cost saving improvements to the Technical Data Package (TDP).
C. All ECPs submitted by the Contractor will be deemed routine.
If the Contractor considers an ECP as an emergency or urgent; they shall include in their ECP submittal an explanation and all applicable supporting documentation. All ECPs will be reviewed for a determination on criticality, and, if concurred to be an emergency, the appropriate processing time-frame negotiated with the ESAs will be followed and the Contractor will be notified of anticipated response time.
D. For ECPs, Specification Change Notices (SCNs) or RFV, the Contractor must submit the applicable documentation listed in sub-paragraphs D.(1) through D.(4)to the Administrative Contracting Officer(ACO), with an information copy to the Procuring Contracting Officer (PCO). Failure to submit a complete legible package may result in return of the ECP/RFV without processing.
(1) Documentation listed in Paragraph 3.3.1 (for ECPs), 3.3.2 (RFV), 3.3.3 (for SCNs) or 3.3.4 (for Notices of Revision (NORs)) of the latest revision of EIA-649-1.
(2) DD Form 1692 (current revision) for ECP.
(3) DD Form 1694 (current revision) for RFV.
(4) DD Form 1695 (current revision) for NOR.
4. DLA#s responsibilities:
A. Upon receipt of the ECP or RFV, the PCO will ensure that the applicable product specialist receives the copy from DCMA.
B. Within five (5) working days from the date of receipt of the Contractor's ECP or RFV from DCMA, the PS must submit the requests and
PAGE 9 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
any supporting documentation via a 339 to the appropriate Engineering Support Activity (ESA), when applicable.
C. Routine ECPs will be processed within 90 days from receipt by the ESA. RFVs will be evaluated and processed within 30 days from receipt by the ESA or as negotiated with the ESA.
(1) The contractor will be notified in writing of approval by the return of an approved copy of the ECP or RFV. Approval will be reflected by signature of the contracting activity or a review activity specifically identified in the contract.
(2) The contractor will be notified in writing of disapproval including reason(s) for disapproval.
5. For an approved RFV or an approved ECP, when the request affects the Contract, a modification will be issued to the contract incorporating the applicable requirement changes. Only a Contracting Officer is authorized to issue a modification incorporating the approved RFV and/or
ECP.
6. Questions regarding the status of previously submitted ECP or RFV should be directed to the PCO.
7. The submission of an ECP or RFV by the Contractor does not affect the required delivery date of the contract. If a delivery date change is needed, it must be negotiated with the Contracting Officer and documented via modification to the contract.
8. The period of time for evaluation and approval/disapproval of an ECP and/or a RFV, as specified in Paragraph 4. C., shall not constitute excusable delay in the performance of this Contract by the Contractor or in any way relieve the contractor from compliance with the contract delivery schedule. The submission of an ECP and/or RFV by the Contractor shall not preclude the Government from exercising its rights under any clause of the Contract. (End)
52.246-11 Higher Level Contract Quality Requirement (Manufacturers)
FAR CLAUSE 52.246-11 APPLIES. A QUALITY MANAGEMENT PROGRAM MEETING THE
REQUIREMENTS OF ISO 9001:2008; A PROGRAM COMPARABLE TO ISO 9001:2008
(EXAMPLE SAE AS 9100), THE FOLLOWING TAILORED VERSION OF ISO 9001:2008;
OR A PROGRAM COMPARABLE TO THE TAILORED VERSION OF ISO 9001:2008
(EXAMPLE SAE AS 9003) IS REQUIRED. MIL-I-45208 AND MIL-Q-9858 ARE
OBSOLETE AND NO LONGER CONSIDERED SUITABLE WHEN HIGHER LEVEL QUALITY IS
REQUIRED. IN THE TAILORED VERSION OF THE ISO 9001:2008, ANY REFERENCES
WHICH CITE THE ENTIRE INTERNATIONAL STANDARD ARE INTERPRETED AS
EXCLUSIONS TO THIS DOCUMENT.
DLA TAILORED HIGHER LEVEL QUALITY CLAUSE FROM ISO 9001:2008
4.1 General requirements, [excluding reference to 1.2 and excluding NOTE 3 c)]
4.2.1 General, [excluding subparagraph a)]
4.2.2 Quality manual, [excluding subparagraph a)]
PAGE 10 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
4.2.3 Control of documents
4.2.4 Control of records
5.1 Management commitment
5.3 Quality policy
6.2.2 Competence, training and awareness
6.4 Work environment
7.1 Planning of product realization, [excluding NOTE 2]
7.2.1 Determination of requirements related to the product
7.2.2 Review of requirements related to the product
7.2.3 Customer communication
7.3.7 Control of design and development changes
7.4.1 Purchasing process
7.4.3 Verification of purchased product
7.5.1 Control of production and service provision
7.5.3 Identification and traceability
7.5.4 Customer property
7.5.5 Preservation of product
7.6 Control of monitoring and measuring equipment
8.1 General, [excluding subparagraph b) and subparagraph c)]
8.2.2 Internal audit
8.2.4 Monitoring and measurement of product
8.3 Control of nonconforming product
8.5.2 Corrective action
8.5.3 Preventive action
"THIS NSN CONTAINS ONE OR MORE COMPONENTS WHICH
MUST CONFORM TO SOURCE CONTROL DRAWING. BY
SUBMITTING AN OFFER, THE OFFEROR AGREES TO
PROVIDE SOURCE CONTROLLED COMPONENTS FROM
SOURCES APPROVED ON THE APPLICABLE SOURCE
CONTROL DRAWING."
THIS ITEM HAS TECHNICAL DATA SOME OR ALL OF WHICH IS SUBJECT TO
EXPORT-CONTROL REGULATIONS. DISTRIBUTION OF THE TECHNICAL DATA
AND ELIGIBILITY FOR AWARD ARE LIMITED TO THOSE SUPPLIERS QUALIFIED
THROUGH JCP CERTIFICATION, OR TO THOSE LICENSED BY EITHER THE
DEPARTMENTS OF STATE OR COMMERCE; OR TO FOREIGN SUPPLIERS PURSUANT TO
INTERNATIONAL AGREEMENTS.
TO APPLY FOR JCP CERTIFICATION, COMPLETE DD FORM 2345, MILITARY
CRITICAL TECHNICAL DATA AGREEMENT<(>,<)> FORM IS AVAILABLE AT THE WORLD
WIDE WEB ADDRESS HTTP://WWW.DLIS.DLA.MIL/JCP OR BY WRITING TO:
DLA LOGISTICS INFORMATION SERVICE
FEDERAL CENTER
74 WASHINGTON AVE., NORTH
BATTLE CREEK, MI 49037-3084
TO MANUFACTURE THIS ITEM, NON-JCP CERTIFIED SUPPLIERS MUST SUBMIT A
CURRENT MANUFACTURING LICENSE AGREEMENT, TECHNICAL ASSISTANCE AGREEMENT,
PAGE 11 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
DISTRIBUTION AGREEMENT OR OFF-SHORE PROCUREMENT AGREEMENT APPROVED BY
THE DIRECTORATE OF DEFENSE TRADE CONTROLS WITH THE OFFER, UNLESS AN
EXEMPTION UNDER THE PROVISIONS OF ITAR SECTION, 125.4 EXEMPTIONS OF
GENERAL APPLICABILITY<(>,<)> AND/OR EAR PART 740 ARE APPLICABLE.
NON-JCP CERTIFIED SUPPLIERS SEEKING EXPORT CONTROLLED TECHNICAL
DATA ARE REQUIRED TO PROVIDE THE CONTRACTING OFFICER WITH AN
APPLICABLE AGREEMENT OR IDENTIFY WHICH ITAR/EAR EXEMPTION APPLIES TO
RECEIVE A COPY OF THE EXPORT CONTROLLED TECHNICAL DATA.
NOTE: JCP CERTIFIED CONTRACTORS WHO RECEIVE TECHNICAL DATA PURSUANT TO
THEIR DD FORM 2345 CERTIFICATION MAY NOT FURTHER DISSEMINATE SUCH DATA
UNLESS FURTHER DISSEMINATION OF THE TECHNICAL DATA IS EXPRESSLY
PERMITTED BY DODD 5230.25.
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.
KIT QUALITY PROVISION
1. THIS REQUIREMENT APPLIES TO MATERIAL SUPPLIED
TO THE GOVERNMENT AS A KIT.
2. THE CONTRACTOR SHALL COMPLY WITH ALL
APPLICABLE QUALIFIED PRODUCTS LIST (QPL)
REQUIREMENTS FOR THE KIT COMPONENTS BEING
SUPPLIED.
3. THE CONTRACTOR SHALL INCORPORATE A SYSTEM FOR
OBTAINING, HANDLING AND SUPPLYING ORIGINAL
EQUIPMENT MANUFACTURER (OEM) CERTIFIED PARTS
INTO ALL CONTRACTUAL DOCUMENTS ENTERED INTO WITH
ITS VENDORS.
4. THE CONTRACTOR SHALL IMPLEMENT AN INSPECTION
SYSTEM, WHICH WILL INCLUDE INSPECTION OF ALL
PARTS UPON RECEIPT TO ENSURE CONFORMANCE WITH
REQUIREMENTS AND TO ENSURE THAT THEY ARE NOT
DAMAGED.
5. THE CONTRACTOR SHALL MAINTAIN A SYSTEM OR
PROCESS THAT WILL ENSURE TRACEABILITY OF ALL
PARTS, THROUGH AN UNBROKEN SUPPLY CHAIN, TO THE
MANUFACTURER.
6. THE CONTRACTOR'S INSPECTION SYSTEM AND
PROCEDURE FOR ENSURING PARTS TRACEABILITY SHALL
BE AVAILABLE FOR REVIEW BY THE GOVERNMENT AT THE
REQUEST OF THE CONTRACTING OFFICER.
PAGE 12 OF 49 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
7. THE CONTRACTOR SHALL FURNISH ONLY THOSE PARTS
THAT ARE KNOWN TO BE ACCEPTABLE TO THE
GOVERNMENT, I.E. SOLE SOURCE PARTS, APPROVED
SOURCE PARTS, ACCEPTABLE SOURCE PARTS, AS
REFLECTED IN THE GOVERNMENT'S CONTRACT
TECHNICAL DATA FILE (CTDF).
8. UNLESS OTHERWISE APPROVED IN ADVANCE BY THE
CONTRACTING OFFICER, THE CONTRACTOR SHALL SUPPLY
ONLY NEW AND UNUSED PARTS THAT ARE NOT
GOVERNMENT SURPLUS PARTS.
CRITICAL APPLICATION ITEM
AM GENERAL, LLC DBA 34623 P/N 5717285-SP
AMERICAN FRICTION TECHNOLOGIES LLC. 4C2Q4 P/N 100-5000
WILWOOD ENGINEERING DBA 04XS7 P/N Z-150-10479-PS
IAW REFERENCE DRAWING NR 19207 57K6207
REVISION NR A DTD 11/01/2012
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 19207 13013902
REVISION NR DTD 12/13/2011
PART PIECE NUMBER:
IAW REFERENCE DRAWING NR 19207 57K6207
REVISION NR DTD 09/19/2014
PART PIECE NUMBER:
Section D Packaging: See Packaging Attachment
PID Data - Custom Clause
Insert (copy and paste) text for the PID information here
Part 12 Clauses
52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEC 2014) FAR
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
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(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
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(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
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(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.
2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) System for Award Management (SAM).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)
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(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:
(A) Change the name in the SAM database;
(B) Comply with the requirements of Subpart 42.12 of the FAR;
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).
Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov .
(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(1) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(End of Clause)
52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -
COMMERCIAL ITEMS (APR 2015) FAR
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] [ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C., 253g and 10 U.S.C. 2402).
[ X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[ ] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).
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https://www.acquisition.gov/
[ X ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (JUL 2013) (Pub. L.109-282) (31 U.S.C.
6101 note).
[ ] (5) 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements (JUL 2010) (Pub. L. 111-5).
[ ] (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contactors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C . 610 note ). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the shelf items).
[ ] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).
[ ] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112- 74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub, L.
110-161).
[ ] (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).
[ ] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (11) [Reserved] [ X ] (12)(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) [ ] (13)(i) 52.219-7 , Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
[ ] (ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[ X ] (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).
[ X ] (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (OCT 2001) of 52.219-9.
[ ] (iii) Alternate II (OCT 2001) of 52.219-9.
[ ] (iv) Alternate III (JUL 2010) of 52.219-9.
[ ] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r )).
[ ] (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
[ X ] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
[ ] (ii) Alternate I (JUNE 2003) of 52.219-23.
[ ] (20) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (DEC 2010) (Pub. L.
103-355, section 7102, and 10 U.S.C. 2323).
[ ] (21) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (OCT 2000) (Pub. L. 03-355, section 7102, and 10 U.S.C. 2323).
[ ] (22) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside (NOV 2011) (15 U.S.C. 657f).
[ X ] (23) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).
[ ] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013).
[ ] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013).
[ ] (26) 52.222-3, Convict Labor (JUNE 2003) (E.O.11755).
[ X ] (27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2013) (E.O. 13126).
[ X ] (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[ X ] (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O.11246).
[ ] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[ ] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793).
[ ] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[ ] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .
[ ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[ ] (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items).
[ ] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[ ] (37)(i) 52.223-16, EEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
[ ] (ii) Alternate I (DEC 2007) of 52.223-16.
[ X ] (38) 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
[ ] (39) 52.225-1, Buy American Act - Supplies…
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