SPE7LX15X0013.pdf
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- SPE7LX15X0013
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000030151
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
SPE7LX-15-X-0013
5. SOLICITATION NUMBER
2015 JAN 07
6. SOLICITATION ISSUE
DATE
Heidi Treadway PLCLGA5
a. NAME
Phone: 614-692-7316
b. TELEPHONE NUMBER (No Collect calls)
2015 JAN 21
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
335999NAICS:
500SIZE 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
41PAGE 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
******* PLEASE READ THE FOLLOWING CAREFULLY *******
SECTION A- GENERAL INFORMATION FOR OFFERORS
1. DLA Internet Bid Board System (DIBBS) quotations are not acceptable for this solicitation. Offerors must complete the entire solicitation. Entire quote must be submitted on hard copy of this Request for Quote (RFQ) and scanned and emailed to Heidi.Treadway@dla.mil.
2. This solicitation is issued in accordance with FAR 13.5-Test Program for Certain Commercial Items, authority of 10 U.S.C. §2304(c)(1), and FAR Part 6.302-1 and contemplates award of contracts for an item of supply that is available from only one or a limited number of responsible sources. This solicitation is being issued to establish a five year Indefinite Delivery Purchase Order (IDPO) for a three year base period plus two option years or until the aggregate total of all orders placed against the resulting contract reaches the contract maximum value. This IDPO is being solicited for a 3 year base with firm fixed pricing for Customer Direct coverage. Unit Pricing is being solicited for four quantity ranges for National Stock Number 6140-01-562-0859 with F.O.B. Origin and packaging as indicated in section titled Start_of_Hazardous_Packaging_Data.
3. The method used to place orders under this contract will be: 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 Email.
Manual orders may also be issued by the individual ICP’s when deemed necessary. These orders will be for stock requirements only. The following ICP(s) are authorized to place delivery orders: DLA Land and Maritime – Columbus OH;
Other government agencies may be added at a later date.
1. For a copy of the solicitation please contact the buyer, Heidi Treadway at 614-692-7316 or via email at Heidi.Treadway@dla.mil. You may also download the information via DIBBS at https://www.dibbs.bsm.dla.mil/.
2. North American Industry Classification System (NAICS) code and Business Size Standard:
NAICS 335999 and number of employees 500
3. Minimum order quantity is 10 each (also described in 52.216-19) Maximum order quantity is 3500 each (also described in 52.216-19)
4. Contract Minimum and Contract Maximum
The Government has reserved funds for the Guaranteed Minimum of $6,777.67. The Guaranteed Minimum is inclusive of any/all option periods. The Government has reserved funds for the Contract Maximum of $5,422,138.32.
PLEASE NOTE:
1. SECTIONS B THROUGH M ARE NOT IN SEQUENTIAL ORDER.
2. SOME CLAUSES/PROVISIONS MAY NOT APPEAR IN THE CORRECT SECTION (B-M) DUE TO A SYSTEM ERROR.
3. ALL APPLICABLE SOLICITATION CLAUSES AND PROVISIONS ARE INCORPORATED AND REFERENCED IN A TABLE FORMAT.
SEE
CLAUSES FAR 52.252-01 AND 52.252-02. CLAUSES/PROVISIONS FOLLOWING THE TABLE WILL BE THOSE THAT EITHER REQUIRE “FILL-IN” INFORMATION TO BE PROVIDED BY THE GOVERNMENT AND/OR THE VENDOR, AND CLAUSES/PROVISIONS THAT ARE
REQUIRED TO BE
********PLEASE READ SOLICITATION IN ITS ENTIRETY********
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SECTION A - SOLICITATION/CONTRACT FORM
52.212-9002 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS
APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (APR 2014) DLAD
52.212-9002 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.
As prescribed in DLAD 12.301(b)(4)(90), use the following clauses as applicable:
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF
COMMERCIAL ITEMS (APR 2014)
The Contractor shall comply with any clause that is checked on the following list which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.
1. _____FAR 52.203-3, Gratuities (APR 1984)
2. X_____DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)
3. _____DFARS 252.203-7003, Agency Office of the Inspector General (DEC 2012)
4. X_____ DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)
5. X_____ DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011)
6. X_____ DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (NOV 2013)
7. _____ DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors (FEB 2014)
8. _____ DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors (FEB 2014)
9. _____ DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (FEB 2014)
10. X_____ DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)
11. _____ DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country
12. _____ DFARS 252.211-7003, Item Unique Identification and Valuation (DEC 2013)
13. X_____ DFARS 252.211-7006, Passive Radio Frequency Identification (SEP 2011)
14. _____ DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012)
15. _____ DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation (JUL 2012)
16. _____ DFARS 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing Data—Modifications— Canadian Commercial Corporation (OCT 2013)
17. _____ DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012)
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http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252209.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm#252.211-7007 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7007
18. _____ DFARS 252.215-7008, Only One Offer (OCT 2013)
19. X_____ DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (AUG 2012)
20. _____ DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011)
21. _____ DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)
22. _____ DFARS 252.225-7000, Buy American—Balance of Payments Program Certificate (JAN 2014)
a. _____Alternate I (DEC 2010) of 52.225-7000
23. _____ DFARS 252.225-7001, Buy American and Balance of Payments Program (DEC 2012)
a. _____Alternate I (OCT 2010) of 252.225-7001
24. _____ DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013)
25. _____ DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUN 2013)
26. _____ DFARS 252.225-7010, Commercial Derivative Military Article—Specialty Metals Compliance Certificate (JUL 2009)
27. X _____ DFARS 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013)
28. _____ DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)
29. _____ DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)
30. _____ DFARS 252.225-7017, Photovoltaic Devices (JAN 2014)
31. _____ DFARS 252.225-7018, Photovoltaic Devices—Certificate (JAN 2014)
32. _____ DFARS 252.225-7020, Trade Agreements Certificate (JAN 2005)
a. _____Alternate I (DEC 2010) of 252.225-7020
33. _____ DFARS 252.225-7021, Trade Agreements (OCT 2013)
a. _____Alternate II (OCT 2011) of 252.225-7021
34. _____ DFARS 252.225-7023, Preference for Products or Services from Afghanistan (SEP 2013)
35. _____ DFARS 252.225-7024, Requirement for Products or Services from Afghanistan (SEP 2013)
36. _____ DFARS 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan (SEP 2013)
37. _____ DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)
38. _____ DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)
39. _____ DFARS 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police (SEP 2013)
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40. _____ DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)
41. _____ DFARS 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate (NOV 2012)
a. _____Alternate I (OCT 2013) of 252.225-7035
b. _____Alternate II (NOV 2012) of 252.225-7035
c. _____Alternate III (JUN 2012) of 252.225-7035
d. _____Alternate IV(NOV 2012) of 252.225-7035
e. _____Alternate V (NOV 2012) of 252.225-7035
42. _____ DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program (DEC 2012)
a. _____Alternate I (JUN 2012) of 252.225-7036
b. _____Alternate II (NOV 2012) of 252.225-7036
c. _____Alternate III (JUN 2012) of 252.225-7036
d. _____Alternate IV (NOV 2012) of 252.225-7036
e. _____Alternate V (NOV 2012) of 252.225-7036
43. _____ DFARS 252.225-7037, Evaluation of Offers for Air Circuit Breakers (JUN 2005)
44. _____ DFARS 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005)
45. _____ DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States (FEB 2013)
46. _____ DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (MAR 2006)
47. X_____ DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004)
48. _____ DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (JUN 2013)
49. _____ DFARS 252.227-7015, Technical Data -- Commercial Items (JUN 2013)
50. _____ DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013),
51. X_____ DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)
52. _____ DFARS 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card (DEC 2006)
53. X_____ DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)
54. _____ DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY 2013)
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55. _____ DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)
56. _____ DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)
57. _____ DFARS 252.239-7017, Notice of Supply Chain Risk (NOV 2013)
58. _____ DFARS 252.239-7018, Supply Chain Risk (NOV 2013)
59. X_____ DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012)
60. X_____ DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013)
61. X_____ DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013)
62. _____ DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010)
63. _____ DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013)
64. _____ DFARS 252.247-7022, Representation of Extent of Transportation by Sea (AUG 1992)
65. X_____ DFARS 252.247-7023, Transportation of Supplies by Sea (JUN 2013).
a. _____Alternate I (MAR 2000) of 252.247-7023.
b. _____Alternate III (MAY 2002) of 252.247-7023
66. _____ DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)
67. _____ DFARS 252.247-7025, Reflagging or Repair Work (JUN 2005)
68. _____ DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)
69. _____ DFARS 252.247-7027, Riding Gang Member Requirements (OCT 2011)
70. _____ DFARS 252.247-7028, Application for U.S Government Shipping Documentation/Instructions (JUN 2012)
In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
1. DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (JUN 2013)
2. DFARS 252.227-7015, Technical Data – Commercial Items (JUN 2013)
3. DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013)
4. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)
5. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)
6. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013)
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7. DFARS 252.247-7023, Transportation of Supplies by Sea (JUN 2013)
8. DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)
(End of Clause)
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS
PID Data - Custom Clause
Insert (copy and paste) text for the PID information here
Section B and Section D
SECTION B – PRICING AND DELIVERY
Proposed Pricing:
Base Period: Offeror should fill in the base period (IDPO year 1, 2 and 3) unit price and option year (year 4 and 5) unit price. Unit prices shall be priced as FOB Origin.
Contract Line Item Number
National Stock
Number
Item
Estimated Total Quantity (52.216-9009) Quantity
Range
Quoted Unit Price, Base
Period Year 1.
Contract Year
1.
Quoted Unit Price, Base
Period Year 2.
Contract Year 2.
Quoted Unit Price, Base
Period Year 3.
Contract Year 3.
Option Period 1.
Year 4.
Option Period 2.
Year 5.
6140-01- 562-0859
Storage, Battery
10-750 751-1500 1501-2500 3501-3500
Unit of Issue
Requested Delivery
Quoted Delivery
Approved Source (CAGE)
Approved Part Number
Offered
CAGE
Offered Part Number
Alternate or Superceding CAGE and Part Number Offered
Place of Performance each 60 1PNR4 HTPA7Y
Product Item Description:
BATTERY POWER SOURCE
SHELF LIFE IS TYPE I 36 MONTHS
THIS SHELF LIFE ITEM IS NON-EXTENDABLE, CODE Q,
WITH A TOTAL SHELF LIFE AT THIRTY-SIX MONTHS.
MATERIAL FURNISHED UNDER THIS CONTRACT/ORDER
SHALL HAVE AT LEAST 85% (31 MONTHS) OF THE SHELF
LIFE REMAINING AT TIME OF DELIVERY.
1. SAMPLING FOR INSPECTION AND TESTING SHALL BE IAW ANSI/ASQ
PAGE 8 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Z1.4-2003 (R2013). ANY ALTERNATE PLAN MUST BE
APPROVED BY THE PCO. A SAMPLING PLAN THAT ACCEPTS ON ZERO
DEFECTS IS REQUIRED
2. ANY DEFECTIVE ITEM DISCOVERED DURING INSPECTION MAY BE CAUSE
FOR REJECTION OF THE ENTIRE CONTRACT QUANTITY.
MARKINGS IAW MIL-STD-129P(4)
THE CONTRACTOR SHALL PROVIDE A MATERIAL SAFETY DATA SHEET (MSDS) AS
DIRECTED BY FAR 52.223-3, HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL
SAFETY DATA (JAN 1997). A COPY OF THE APPLICABLE HAZARD WARNING LABEL(S)
(HWL) SHALL BE SUBMITTED WITH THE MSDS AS DIRECTED BY DFARS
252.223-7001, HAZARD WARNING LABELS (DEC 1991). THE MSDS SHALL BE IAW
FEDERAL STANDARD 313 (LATEST REVISION) AND CONFORM TO OSHA'S HAZARD
COMMUNICATION STANDARD IN TITLE 29 CFR 1910.1200 (LATEST REVISION) AND
SHALL BE SUBMITTED BY THE APPARENTLY SUCCESSFUL OFFEROR PRIOR TO
CONTRACT AWARD AS DIRECTED BY DLAD 52.223-9000, MATERIAL SAFETY DATA
SHEETS AND HAZARD WARNING LABELS (NOV 2011). TO SATISFY THE FED-STD-313
REQUIREMENT, THE CONTRACTOR SHALL SUBMIT THE APPLICABLE MSDS AND HWL TO
THE LOCAL ADMINISTERING AGENCY'S CONTRACTING OFFICE FOR PROCEDURAL
REVIEW AND APPROVAL PRIOR TO CONTRACT AWARD. CONTRACTOR MUST EXERCISE A
DUTY OF CARE THAT EACH MSDS BE REGULARLY UPDATED (USUALLY EVERY THREE TO
FIVE YEARS) OR WITHIN 3 MONTHS OF ANY CHANGES PER U.S. CODE, TITLE 42,
CHAPTER 116, SUBCHAPTER II, PARAGRAPH 11021(D).
MERCURY OR MERCURY CONTAINING COMPOUNDS SHALL
NOT BE INTENTIONALLY ADDED TO,OR COME IN DIRECT
CONTACT WITH,ANY HARDWARE OR SUPPLIES FURNISHED
UNDER THIS CONTRACT. EXCEPTION: FUNCTIONAL MERCURY
USED IN BATTERIES, FLUORESCENT LIGHTS, REQUIRED
INSTRUMENTS; SENSORS OR CONTROLS; WEAPON SYSTEMS;
AND CHEMICAL ANALYSIS REAGENTS SPECIFIED BY NAVSEA.
PORTABLE FLUORESCENT LAMPS AND PORTABLE INSTRUMENTS
CONTAINING MERCURY SHALL BE SHOCK PROOF AND CONTAIN
A SECOND BOUNDARY OF CONTAINMENT OF THE MERCURY OR
MERCURY COMPOUND. (IAW NAVSEA 5100-003D).
NO DATA IS AVAILABLE. THE ALTERNATE OFFEROR IS
REQUIRED TO PROVIDE A COMPLETE DATA PACKAGE
INCLUDING DATA FOR THE APPROVED AND ALTERNATE
PART FOR EVALUATION.
MIL-STD-130N(1) DATED 16 NOV 2012.
IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY
IF THE MATERIAL IS NOT CONSIDERED HAZARDOUS, IN ACCORDANCE WITH
FED-STD-313, THE MATERIAL SHALL BE COMMERCIALLY PACKAGED IN ACCORDANCE
WITH ASTM D3951.
Start_of_Hazardous_Packaging_Data
HAZARDOUS PACKAGING STATEMENT
PACKAGING DATA: SHALL BE PACKAGED IN ACCORDANCE WITH HAZARDOUS
MATERIALS PACKAGING REQUIREMENTS.
PACKAGING: PACKAGING FOR HAZARDOUS MATERIALS SHALL COMPLY WITH
APPLICABLE REGULATIONS, I.E., TITLE 49 CODE OF FEDERAL REGULATIONS,
INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) TECHNICAL INSTRUCTIONS
(EXCLUDING PARAGRAPH 1.4 OF CHAPTERS 1 AND 3), AND INTERNATIONAL
MARITIME DANGEROUS GOODS CODE (IMDG). BOTH ICAO AND IMDG COMPLY WITH
UNITED NATIONS (UN) RECOMMENDATIONS ON TRANSPORT OF DANGEROUS GOODS.
PAGE 9 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
WHEN A CONTRACT/ORDER FOR HAZARDOUS MATERIALS REQUIRES SHIPMENT THROUGH
A MILITARY AERIAL PORT FOR TRANSPORT VIA MILITARY AIRCRAFT, PACKAGING
SHALL COMPLY WITH DLAI 4145.3, PREPARING HAZARDOUS MATERIALS FOR
MILITARY AIR SHIPMENT.
LABELING AND MARKING: ALL INTERIOR AND EXTERIOR CONTAINERS SHALL BE
LABELED AND MARKED AS SPECIFIED IN THE REFERENCED PRODUCT SPE
CIFICATION, AND/OR AS SPECIFIED IN SECTION C OF THE CONTRACT OR ORDER.
IN ADDITION, ALL LABELING AND MARKING SHALL COMPLY WITH THE
REQUIREMENTS OF MIL-STD-129, 49 CFR, 29 CFR, AND, AS APPLICABLE, ICAO
TECHNICAL INSTRUCTIONS, IMDG ANNEX 1, AND/OR DLAI 4145.3.
CERTIFICATION: ALL PACKAGING PERFORMANCE TEST REQUIREMENTS SHALL BE
SUPPORTED BY CERTIFICATES AND REPORTS ATTESTING TO DATE OF TESTING AND
DATA RESULTS OBTAINED FROM TESTING. THE CONTRACTOR'S SIGNED
CERTIFICATION THAT PACKAGE CONFIGURATION MEETS 49 CFR, AND, AS
APPLICABLE, ICAO, IMDG AND/OR DLAI 4145.3 REQUIREMENTS, SHALL BE
INCLUDED ON THE DD FORM 250 (MATERIAL INSPECTION AND RECEIVING REPORT),
OR ANY SUITABLE ALTERNATE COMMERCIAL PACKING LIST. ALL
CERTIFICATES/REPORTS SHALL BE AVAILABLE FOR INSPECTION BY AUTHORIZED U.
S. GOVERNMENT REPRESENTATIVES FOR A PERIOD OF NOT LESS THAN 3 YEARS
FROM DATE OF SHIPMENT.
IF THE MATERIAL IS NOT CONSIDERED HAZARDOUS, IN ACCORDANCE WITH
FED-STD-313, THE MATERIAL SHALL BE COMMERCIALLY PACKAGED IN ACCORDANCE
WITH ASTM D3951.
End_of_Hazardous_Packaging_Data
HARRIS CORPORATION DBA M/A COM 1PNR4 P/N HTPA7Y
SECTION D - PACKAGING AND MARKING
252.211-7006 RADIO FREQUENCY IDENTIFICATION (SEP 2011) DFARS
(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that—
(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:
(A) Subclass of Class I – Packaged operational rations.
(B) Class II – Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.
(C) Class IIIP – Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.
(D) Class IV – Construction and barrier materials.
(E) Class VI – Personal demand items (non-military sales items).
(F) Subclass of Class VIII – Medical materials (excluding pharmaceuticals, biologicals, and reagents – suppliers should limit the mixing of excluded and non-excluded materials).
(G) Class IX – Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and
(ii) Are being shipped to one of the locations listed at http://www.acq.osd.mil/log/rfid/ or to—
(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to—
(B) The following location(s) deemed necessary by the requiring activity:
Contract Line, Subline, or Exhibit Line Item Number
Location Name
City
State
DoDAAC
PAGE 10 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
http://www.acq.osd.mil/log/rfid/
(2) The following are excluded from the requirements of paragraph (b)(1) of this clause:
(i) Shipments of bulk commodities.
(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.
(c) The Contractor shall—
(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID tags and conforms to the requirements in paragraph (d) of this clause;
(2) Use passive tags that are readable; and
(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.
(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.epcglobalinc.org/standards/.
(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.
(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located at http://www.acq.osd.mil/log/rfid/tag_data.htm. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.
(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1).
(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph
(d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.
(End of clause)
52.211-9010 SHIPPING LABEL REQUIREMENTS – MILITARY-STANDARD (MIL-STD) 129P (APR 2014) DLAD
52.211-9010 SHIPPING LABEL REQUIREMENTS – MILITARY STANDARD (MIL-STD) 129P (NOV 2011), ALT I (AUG 2005)
DLAD
52.211-9013 SHIPPER’S DECLARATION OF DANGEROUS GOODS (APR 2014) DLAD
52.211-9033 PACKAGING AND MARKING REQUIREMENTS (APR 2008) DLAD
52.211-9036 PHYSICAL ITEM IDENTIFICATION/BARE ITEM MARKING (LAND & MARITIME) (NOV 2011) DLAD
52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD
SECTION E - INSPECTION AND ACCEPTANCE
52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR
52.246-9008 INSPECTION AND ACCEPTANCE AT ORIGIN (NOV 2011) DLAD
(a) Inspection and Acceptance are at Origin.
(b) The point of acceptance will be the point of last inspection before shipment unless otherwise indicated by the offeror.
(c) The Offeror shall indicate below the location where supplies will be inspected:
Supplies:
Plant:
PAGE 11 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SPE7LX-15-X-0013
http://www.epcglobalinc.org/standards/ http://www.acq.osd.mil/log/rfid/tag_data.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/%20https:/wawf.eb.mil/
Commercial and Government Entity (CAGE) Code:
Street:
City/State/Zip:
Applicable to contract line-item(s) (CLIN(s):
(d) The Offeror shall indicate below the location where packaging will be inspected:
Packaging:
[ ] Same as for supplies, or, Plant:
Cage Code:
Street:
City/St/Zip:
Applicable to clin(s):
SECTION F - DELIVERIES OR PERFORMANCE
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.242-15 STOP-WORK ORDER (AUG 1989) FAR
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR
SECTION G - CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION) (MAY 2013) DFARS
(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol or Payweb
(1) To access PayWeb, the vendor may go to the following site: https://onronline.onr.navy.mil/payweb/
PAGE 12 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
https://onronline.onr.navy.mil/payweb/
(2) For instructions on PayWeb payment request submission, please contact the office identified below:
(Contracting Officer: Insert applicable ONR Regional Office information)]
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo Type Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
PAGE 13 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SECTION H - SPECIAL CONTRACT REQUIREMENTS
52.204-9001 ELECTRONIC ORDER TRANSMISSION (NOV 2011) DLAD
Supplies procured through the Defense Logistics Agency (DLA) may be ordered via electronic ordering. Offerors must check one of the following alternatives for paperless order transmission:
[ ] Electronic Data Interchange (EDI) transmissions in accordance with ANSI X12 Standards through DLA Transaction Services approved value added network (VAN).
[ ] Electronic Mail (email) award notifications containing Web links to electronic copies of the Department of Defense (DD) Form 1155, Order for Supplies or Services.
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 inste ad 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 Communic ation Standard.
MATERIAL (If None, Insert “None”) ACT
52.246-9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES (NOV 2011) DLAD
(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State laws and regulations promulgated pursuant thereto.
(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration of government identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not offered or supplies transferred from the Government's account to the cold storage Contractor's account at origin or destination. (For product rejected at destination and returned to the Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal or obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector.
SECTION I - CONTRACT CLAUSES
52.202-01 DEFINITIONS (NOV 2013) FAR
52.203-03 GRATUITIES (APR 1984) FAR
52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR
52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR
52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014) FAR
52.203-08 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
FAR
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR
PAGE 14 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES
(DEC 2008) DFARS
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) DFARS
52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS
252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) DFARS
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS
52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (AUG 2013) FAR
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A
TERRORIST COUNTRY (MAR 2014) DFARS
52.210-01 MARKET RESEARCH (APR 2011) FAR
52.211-05 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:
52.211-9000 GOVERNMENT SURPLUS MATERIAL (AUG 2014) DLAD
(c) With respect to the surplus material being offered, the Offeror represents that:
(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.).
PAGE 15 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Yes [ ] No [ ] The material conforms to the revision letter/number, if any is cited.
Yes [ ] No [ ] Unknown [ ] If no, the revision offered 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 no, the Offeror must attach or forward to the Contracting Officer an explanation as to how the offered quantities will be secured. If yes, the Offeror purchased the material from a Government selling agency or other source. Yes [ ] No [ ] If yes, provide the information below:
Government Selling Agency
Contract Number
Contract Date (Month, Year)
Other Source
Address Date Acquired (Month, Year)
(3) The material has been altered or modified.
If yes, the Offeror must 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 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, the price includes replacement of cure-dated components. Yes [ ] No [ ]
(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 a copy or facsimile of original package markings.)
Contract Number National Stock Number
(NSN)
Commercial and Government Entity
(Cage) Code
Part Number Other Markings/Data
(7) The Offeror has supplied this same material (National Stock Number) to the Government before.
PAGE 16 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
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 manufacturered in accordance with a specification or drawing.
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 [ ] Specitication/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.
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 number of items inspected is _____; and (iv) a written report was prepared. Yes [ ] No [ ] If yes, the Offeror has attached it or forwarded it to the Contracting Officer. Yes [ ] No [ ]
(d) 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.
(e) 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 Distribution Services 1427, Notice of Award, Statement and Release Document.
[ ] For DLA Distribution Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.
[ ] For DLA Distribution Services Recycling Control Point (RCP) term sales, the statement of account or billing document.
[ ] For property sold under the exchange or sale regulation, conducted by sealed bid, auction or retail methods, a solicitation/Invitation for Bid and corresponding DLA Distribution Services Form 1427.
[ ] 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.
52.211-9002 PRIORITY RATING (NOV 2011) DLAD
52.211-9004 PRIORITY RATING FOR VARIOUS LONG-TERM CONTRACTS (NOV 2011) DLAD
52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 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
PAGE 17 OF 41 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(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,…
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