DRAFT_RFP_SPE7LX-20-R-0001.pdf

DRAFT RFP

SPE7LX-20-R-0001

THIS SOLICITATION IS SUBJECT TO CHANGE

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

1000080438

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

a. NAME

7. FOR SOLICITATION

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE7LX-20-R-0001

b. TELEPHONE NUMBER (No Collect calls)

6. SOLICITATION ISSUE

DATE

2019 OCT 12

8. OFFER DUE DATE/

LOCAL TIME

2019 NOV 11

INFORMATION CALL: Brandon Mccoy PLCLGA9 Phone: 614-692-2848

11:59 PM

9. ISSUED BY CODE SPE7LX 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

DLA LAND AND MARITIME

LAND SUPPLIER OPERATIONS SMSG

PO BOX 3990

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

COLUMBUS OH 43218-3990

USA

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A)

NAICS: 333618

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

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

SEE SCHEDULE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED

SEE ADDENDUM

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 1

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS 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

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

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CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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PLEASE NOTE THAT SECTIONS B THROUGH M ARE LISTED AS ATTACHMENTS.

PLEASE READ SOLICITATION AND ATTACHMENTS IN ITS ENTIRETY.

SECTION A – GENERAL INFORMATION FOR OFFERORS

1. The scope of this acquisition is for a Firm-Fixed Price (FFP), Federal Acquisition Regulation (FAR) Part 12;

Corporate Successor Requirements Contract (RC) with a biannual price redetermination, for the acquisition of the NSNs/

Non-NSNs listed in Section B of the solicitation. In addition to those NSNs/Non-NSNs specified in Section B of this solicitation, the scope of this contract includes all Federal, State and Local Government managed, part numbered items for which Caterpillar, Inc., [Commercial and Government Entity (CAGE) 11083 and all other Caterpillar, Inc., CAGE codes which are identified on the Caterpillar, Inc., Commercial Price List] is the only approved source of supply and the part numbers are included on the Caterpillar, Inc., Commercial Price List. NSNs/Non-NSNs (Caterpillar Part

Numbers) within the scope may be added to the contract at a later date in accordance with (IAW) the terms of Defense

Logistics Acquisition Directive (DLAD) Clause 52.216-9006 “Addition/Deletion of Items”. These NSN/Non-NSNs will support multiple weapon systems programs, including but not limited to the Army’s: 924H Wheel Loader, 966H Wheel Loader, D7R-II Track-Type Tractor, D6K Track-Type Tractor, 621G Wheel Tractor Scraper, 613C Wheel Tractor Scraper, 613C Water Distributor, 120M Motor Grader, CS-563D Compactor, CS-433C Compactor, 815F Compactor and D9R TTT; Navy’s:

D6K Track-type Tractor, D6T Track-type Tractor, D7R-II Track-type Tractor, D8T Track-type Tractor, 924H Wheel Loader, 966H Wheel Loader, 963D Track Loader, 120M Motor Grader, 730 Articulated Truck, 770 Off-Highway Truck, 613C-II Scraper, 621G Scraper, 621G Water Distributor, 613C-II Water Distributor, CS-563 Compactor, 420E Backhoe Loader, 815F- II Compactor, AP655D Paver, PS150 Compactor and 277C/279D MTL. Engines: Stryker C7, Medium Tactical Vehicle C7 330HP, MRAP All-Terrain Vehicle C7 370HP, Armored Combat Vehicle C8.8 450 HP, Heavy Equipment Transport C18 700HP, Aircraft

Rescue Fire Fighting Vehicle C15 600HP, Heavy Expanded Mobility Tactical Truck C15 500HP, Mine Resistant Ambush Protected Vehicle C13 440HP, Armored Combat Vehicle C13 711 HP, T-AGM25 4 x MAK 12M32 SSDG’s, LPD-17 5 X 3608 SSDG /

EDG, WMSL 3 X 3512B Series II SSDGs, Virginia Class 1 x 3512B EDG, Wheeler Dredge 4 x C280-12 Electric Drive, Radar Platform 6 x 3612 Gen Sets, Logistic Support Vessels C4.4 SSDG / C18 Prop, Fast Response Vessel 2 X C9 Prop, RIB 2 x 3126 Prop, DDG 1000 2 X C18 EDG and FFG Repower 4 X 3512B SSDG / EDG. The Government is pursuing a long-term contract, for the duration of a four-year base and three, two-year option periods, which may be exercised at the discretion of the Government, for a potential total contract period of 10 years, if all option periods are exercised. The resultant contract will support Defense Logistics Agency (DLA) Customer Direct Vendor Delivery (DVD), DLA Direct (Stock) to continental United States (CONUS) and outside the continental United States (OCONUS) locations and Foreign Military Sales (FMS). The solicitation covers the potential award of 45,327 NSNs and 953,872 Non-NSNs. An award will be made on an ALL OR NONE BASIS Per GROUP. Once an award is made on the successor contract, all future add-on projects found within the scope of the solicitation, will be awarded to the awardee if a fair and reasonable price is agreed upon.

All NSNs are subject to Competition in Contracting Act (CICA) requirements.

2. The North American Industry Classification System (NAICS) code is 333618 (Other Engine Equipment Manufacturing).

3. PLEASE REGISTER IN System for Award Management (SAM) at http://www.sam.gov.

4. The following method will be used to place orders under the contract(s):

a. The resulting/subsequent contract will provide DLA Customer Direct (DVD), DLA Direct (Stock) coverage for customers within the United States, Alaska, Hawaii, and overseas (including U.S. possessions) and Delivery Orders placed by DLA Inventory Control Points (ICP’s) and Foreign Military Sales (FMS). 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) via e-mail (refer to DLAD Clause 52.204-9001). Manual orders may also be issued by the individual ICP when deemed necessary.

The following ICPs are authorized to place delivery orders:

DLA Land and Maritime, Columbus, OH Orders to begin with prefix “SPE7LX” (ex. SPE7LX-20-D-XXXX-0001)

Post Office Box 3990

Columbus, OH 43218

DLA Troop Support, Philadelphia, PA Orders to begin with prefix “SPE4AX” (ex. SPE4AX -20-D-XXXX-0001)

700 Robbins Avenue

Philadelphia, PA 19111

DLA Aviation, Richmond, VA Orders to begin with prefix “SPE5EX” (ex. SPE5EX -20-D-XXXX-0001) 8000 Jefferson Davis Highway

Richmond, VA 23297

DLA Warren, Warren, MI Orders to begin with the prefix “SPRDL1” (ex. SPRD1-20-D-XXXX-0001) 6501 E Eleven Mile Rd

Warren, MI 48397

U.S. ARMY CONTRACTING COMMAND

Orders to begin with the prefix “W56HZV” (ex. W56HZV-20-D-XXXX-0001) 6501 E. 11 Mile Road, Warren, MI 48397

At a future date other Government agencies may order under the resulting contract(s).

5. Proposals will be evaluated in terms of price, past performance, proposed delivery and Surge and Sustainment as

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outlined in Section M. Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation, may render the offeror’s proposal technically unacceptable and preclude it from any further consideration for contract award. Offerors should ensure that the information contained in their proposal is factual, accurate and complete.

a) Offerors shall submit a pricing proposal for all NSN/Non-NSNs identified in Section B. The proposed prices are to be based on the Caterpillar, Inc., Commercial Price List.

b) If the price cannot be determined fair and reasonable, the requirement will not be awarded.

6. Please note that all pages of the solicitation and attachments must be completed and returned to the Buyer. All sections are pertinent to understanding the requirements of the solicitation.

7. Reference Block 9 of the SF 1449. Address correction: Proposals are to be transmitted directly to the buyer, Brandon McCoy at Brandon.McCoy@dla.mil. Proposals that are mailed in are to be submitted to the following address:

DLA Land and Maritime

Defense Supply Center Columbus

ATTN: Brandon McCoy (Bldg. 20, Room A432S) P.O. Box 3990

Columbus, OH 43218-3990

FAX proposals are not acceptable.

Hand carried proposals are not acceptable.

Submission of proposal by electronic commerce (e-mail) is allowed. E-mailed proposals cannot exceed 15 MB.

a. The completed solicitation including attachments and all documents must be received via appropriate transmission method by 11:59 pm local time on the closing date of the solicitation. FAILURE TO TIMELY SUBMIT ALL OF THE INFORMATION AND DOCUMENTATION REQUIRED MAY RESULT IN YOUR PROPOSAL BEING EXCLUDED FROM EVALUATION/AWARD CONSIDERATION.

b. The solicitation including attachments will become a part of the contract award either via hardcopy or electronic copy.

8. This solicitation is being issued with Free on Board (F.O.B.) as show in the Table below:

Delivery Type FOB Type

Customer Direct (DVD) CONUSFOB Destination Customer Direct (DVD) OCONUSFOB Origin DLA Direct (STOCK) CONUSFOB Origin

DLA Direct (STOCK) OCONUSFOB Origin

Foreign Military Sales (FMS)FOB Origin

See Attachment #2 Section B and Attachment #8 Section F for further details regarding transportation and delivery.

9. Any authorized Dealer providing on behalf of Caterpillar, Inc., will be required to provide a dealer authorization letter on an official Caterpillar, Inc., letterhead. This shall be included with the offeror’s proposals.

10. Invoices shall be provided and shall be submitted with the offeror’s proposal. There is no maximum number of invoices being requested however it is requested that the offeror provide as many invoices as they can. Attachment #15 reflects this list of 45,327 NSNs and 953,872. Non-NSNs; Column A provides the ranking of NSNs for priority of invoices requested. For example, a Rank of 1 means an invoice for this NSN is preferred over an NSN with a Rank of 6.

11. Some clauses/provisions may not appear in the correct Sections (A-M) due to system constraints.

12. Electronic copies of the attachments are available upon request. Please send an email to Brandon.McCoy@dla.mil.

13. For sections B-M please see the attachments as referenced below:

List of Attachments Attachment 1 – Section B: Schedule of Supplies Attachment 2 – Section B Pricing Attachment 3 – Section B Surge and Sustainment

Attachment 4 – Section B Clauses

Attachment 5 – Section B General Clause Information Attachment 6 – Section C Description/Specification/Work Statement

Attachment 7 – Section D Preservation/Packing and Marking Attachment 8 – Section F Time of Delivery

Attachment 9 – Section I Buy American Attachment 10 – Section I Trade Agreements Attachment 11 – Section L

Attachment 12 – Section M Attachment 13 – NSN Information Attachment 14 – Procurement Item Description (PID) and Packaging Attachment 15 – Invoices Requested

Attachment 16 – TACOM Packaging Clauses

Attachment 17 – TACOM SPIs

14. CONTRACT CLAUSES

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mailto:Brandon.McCoy@dla.mil

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The following clauses are added to and made part of this solicitation:

PRIORITY RATING FOR VARIOUS LONG-TERM CONTRACTS

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.

(End of Text)

SOCIOECONOMIC PROPOSAL

In addition to, and separate from, any subcontracting plan required by the clause 52.219-9, provide a description of the current and future efforts your company will make to assure that small, small disadvantaged, service-disabled veteran-owned, HUBZone, and women-owned small business concerns will have equal opportunity to compete for subcontracts under any resulting contract. Also include the extent of participation from any historically black colleges or universities and minority institutions in the performance of the contract. Describe your current and planned proposed range of services, supplies, and any other support that will be provided to you by these businesses.

Include specific names of subcontractors to the extent they are known.

(End of Text)

INSTRUCTIONS FOR SUBMISSION OF OFFERS

The following method(s) of submitting a proposal are authorized in the solicitation:

UPLOAD PROPOSAL THROUGH DIBBS (PREFERRED METHOD)

To submit an offer through DIBBS, search for the solicitation and then click the Red "Offer" button on the search results screen (Note: users must be logged in to DIBBS in order to submit the offer through DIBBS). For additional guidance, refer to https://www.dibbs.bsm.dla.mil/refs/help/Solicitations/DIBBS-Upload-Offer-User-Help.pdf

EMAIL PROPOSALS TO: Brandon.McCoy@dla.mil

A single email cannot exceed 15 MB. Proposals greater than 15 MB must be divided into multiple emails.

FAX PROPOSALS TO: Fax proposals are not acceptable.

MAIL PROPOSALS TO:

DLA Land and Maritime Defense Supply Center Columbus

Columbus, OH 43218-3990

[Insert Desk or Team Office Location]

For solicitation info, please see the point of contact listed in Block 7 of the SF 1449.

(End of Text)

ALL OR NONE

(a) With respect to each item or group of items identified below, offers must be submitted for all items indicated.

No award will be made for less than the full requirements shown in this solicitation for these items or groups.

Group: There is one group that consists of 45,327 NSNs and 953,872 Non-NSNs.

Item: N/A

(b) Any offeror offering less than all of the solicitation requirements of the indicated item or group of items may be precluded from consideration for award if the Contracting Officer elects to make an award without opening discussions.

(c) Offerors are cautioned that submission of an offer for selected item(s) within a given group is unacceptable;

offers must be for all item(s) within a given group. However, an offeror may submit an offer on any one or more groups.

(End of Text)

PRODUCTION FACILITY CHANGES

(a) The performance of any of the work contracted for in any place other than that named in the contract is prohibited unless specifically approved by the Contracting Officer. Written requests for a change in production facilities must be submitted in writing to the Contracting Officer. Changes in production facilities may be approved, provided:

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(1) Performance by small business or in labor surplus areas as required by the contract will not be changed;

(2) The change will not cause a delay in delivery or necessitate a change in the purchase description;

(3) The free on board (f.o.b.) point is not changed; and

(4) Each request is supported by a price reduction of $250.00 to cover the administrative costs to process the change.

(b) The Government reserves the right to deny approval even if these four elements are met.

(End of Text)

EVALUATION FACTORS FOR AWARD (SELF DELETING ON AWARD)

(a) General Basis for Award: Award will be made to the offeror or offerors whose offer(s) conform to the solicitation requirements and represents the best value to the Government. Unless otherwise indicated at time of solicitation, the Government anticipates making a single award. The following evaluation factors will be considered in the evaluation of proposals received under this solicitation with their assigned ranking in descending order of importance:

[X] - Price [X] - Past Performance

[X] - Proposed Delivery [X] - Surge and Sustainment (See Section (e), below)

[ ] - Other

All factors other than price listed above are, when combined, approximately equal to price.

(b) PRICE: The offered price, as adjusted by price related factors (such as the Buy American statute or transportation costs), will be evaluated with the other evaluation factors listed above to determine the proposal which represents the best value to the Government. The Government will also evaluate the reasonableness of the offered price.

(c) PAST PERFORMANCE:

See 'DLAD Procurement Note - L08 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations’ for past performance information. In addition to SPRS, evaluation of past performance may take into account any other relevant information available to the Government.

(d) PROPOSED DELIVERY: Offerors will be evaluated based on their offered delivery compared to the Government’s required delivery. Preference may be given for offered deliveries that are shorter than the required delivery. The Government may elect to consider for award only those offers that comply with the required delivery schedule but reserves the right to consider offered delivery times that exceed the number of delivery days required by the government. Offered deliveries that exceed the required delivery may be evaluated less favorable than those meeting or offering shorter than the Government’s required delivery.

(e) SURGE AND SUSTAINMENT: The Government will evaluate the offeror's ability to meet the surge and sustainment requirements identified in this solicitation in determining the offer that represents the best value to the Government. This requirement is further defined in DLAD Procurement Note - M07 Surge and Sustainment (S&S) Evaluation.

(End of Text)

ESTIMATED TOTAL QUANTITY

(a) The estimated total quantity the Government expects to order during each contract year is as follows:

Contract Line-Item Numbers (CLIN(S)) Quantity CLIN(S) Quantity See Attachment 13

(b) In the event that this solicitation provides for a partial set-aside, the estimated total quantity for the set-aside portion is as provided in the clause entitled "Set-Aside Portion" located in Section I of the solicitation.

Note: It is anticipated that the quantities listed will remain constant for any additional option periods as provided elsewhere in this contract.

(End of Text)

SHIPPING INSTRUCTIONS

Shipping instructions shall be provided with individual delivery orders.

(End of Text)

DLAD Procurement Notes Incorporated By Reference (Nov 2016)

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This solicitation incorporates one or more DLAD Procurement Notes by reference, with the same force and effect as if they were given in full text. The full text of a DLAD Procurement Note may be accessed electronically at http://www.

dla.mil/HQ/Acquisition/Offers/eProcurement.aspx and via 'References' on the DIBBS homepage.

(End of Text)

Contract Terms and Conditions-Commercial Items (Oct 2018)

(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.

(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 41 U.S.C. chapter 71, Contract Disputes. 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, 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

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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 Part1315.

(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.

(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 Part1315.

(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 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 41 U.S.C. 7109, 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 as 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-

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(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:

(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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 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.

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(t) [Reserved]

(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 User 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.

(2) 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.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN

SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE

WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN

EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF

THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

SECTION D - PACKAGING AND MARKING

C01 SUPERSEDED PART NUMBERED ITEMS (SEP 2016)

C02 MANUFACTURING PHASE OUT OR DISCONTINUATION OF PRODUCTION, DIMINISHING SOURCES, AND OBSOLETE

MATERIALS OR COMPONENTS (DEC 2016)

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (SEP 2016)

C06 SURGE AND SUSTAINMENT (S&S) REQUIREMENTS (FEB 2017)

C07 WARSTOPPER PROGRAM MATERIAL BUFFER AVAILABILITY (FEB 2017)

C14 REPACKAGING OR RELABELING TO CORRECT DEFICIENCIES (AUG 2017)

C18 SHIPPING INSTRUCTIONS FOR EXPORT AND U.S. TERRITORIES (AUG 2017)

C19 TRANS-SHIPMENT OF MATERIAL THROUGH DLA CONTAINERIZATION AND CONSOLIDATION POINTS (CCP) (AUG 2017)

C20 VENDOR SHIPMENT MODULE (VSM) (AUG 2017)

C21 SHIPPING INSTRUCTION REQUEST (SIR) (AUG 2017)

SECTION F - DELIVERIES OR PERFORMANCE

E05 PRODUCT VERIFICATION TESTING (JUN 2018)

(1) Product verification testing (PVT) may be invoked at contract award or after contract award. If PVT is invoked at contract award, the contract will explicitly state this testing requirement and a QALI will be generated. If PVT is invoked after contract award, a QALI will be created and the DCMA quality assurance representative (QAR) will notify the contractor that testing will be performed. The PVT testing will be performed at a Government-designated testing laboratory.

(a) The contractor shall not ship or deliver any material unless directed to do so in writing by the contracting officer or until notified of acceptable PVT results.

(b) PVT results will be provided in 20 working days after receipt at the Government testing facility, unless otherwise specified in writing by the Government.

(2) The QAR will select a random sample from the contractor's production lot. Selected PVT samples are to be shipped by the contractor with a copy of the Department of Defense DD Form 250 and the completed DD Form 1222. The packaging will be marked “Product Verification Test

Samples, Contract number shall be filled in at award with the contract number and NSN whether or not PVT has been invoked, lot/item

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SECTION F - DELIVERIES OR PERFORMANCE (CONTINUED)

number shall be filled in at award with the contract number and NSN whether or not PVT has been invoked."

(3) Test results will indicate one of the following:

(a) Samples that pass testing and are not destroyed during evaluation will be returned to the contractor at the Government's expense and will be included as part of the total contract quantity. The contractor and Government may agree to dispose of samples not destroyed when the cost of the item does not justify the shipping expense. Samples that pass testing and are not returned to the contractor will be considered part of the contract quantity for payment and delivery. The contractor will deliver the remaining lot quantity minus sample units.

(b) If samples fail testing, such failure will result in rejection of the entire contract lot from which the samples were taken. At the Government's discretion, parts failing any test criteria may be retained and not be returned to the contractor.

E06 INSPECTION AND ACCEPTANCE AT SOURCE (JUN 2018)

Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below.

The contractor shall indicate the location where supplies will be inspected, if different from the production location:

Commercial and Government Entity (CAGE) code:

Address:

Applicable to contract line item numbers(s) (CLIN(s)):

The contractor shall indicate the location where packaging will be inspected, if different from the production location:

[ ] Same as for supplies OR

CAGE code:

Address:

Applicable to CLIN(s):

The contractor shall indicate the location where supplies will be accepted, if different from the inspection location:

Commercial and Government Entity (CAGE) code:

Address:

Applicable to contract line item numbers(s) (CLIN(s)):

E07 EVALUATION FACTOR FOR ORIGIN INSPECTION (JAN 2018)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

G01 ADDITIONAL WIDE AREA WORKFLOW (WAWF) INFORMATION (AUG 2017)

SECTION I - CONTRACT CLAUSES

H01 QUALIFIED PRODUCTS LIST (QPL) FOR FEDERAL SUPPLY CLASS (FSC) 5935 CONNECTOR ASSEMBLIES AND CONTACTS

(SEP 2016)

H02 COMPONENT QUALIFIED PRODUCTS LIST (QPL)/QUALIFIED MANUFACTURERS LIST (QML) (SEP 2016)

52.202-1 DEFINITIONS (NOV 2013) FAR

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) FAR

As prescribed in 3.103-1, insert the following provision. If the solicitation is a Request for Quotations, the terms “Quotation” and “Quoter” may be substituted for “Offer” and “Offeror.”

(a) The offeror certifies that.

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to.

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SECTION I - CONTRACT CLAUSES (CONTINUED)

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory.

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.203-3 GRATUITIES (APR 1984) FAR

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(SEP 2007) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015) FAR

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014) FAR

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

FAR

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252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 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

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) FAR

As prescribed in 4.1804(b), use the following provision:

(a) Definitions. As used in this provision -

“Commercial and Government Entity (CAGE) code” means -

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and

Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency

(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a “doing business as” name)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR

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52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) FAR

As prescribed in 4.1804(d), insert the following provision:

(a) Definitions. As used in this provision -

“Commercial and Government Entity (CAGE) code” means -

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and

Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency

(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Prede…