SF1449_SPE7M115X0015.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000037311

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE7M1-15-X-0015

5. SOLICITATION NUMBER

2015 JUL 17

6. SOLICITATION ISSUE

DATE

Jonathan Stone PMCMYYP

a. NAME

Phone: 614-692-9287

b. TELEPHONE NUMBER (No Collect calls)

2015 JUL 31

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE7M1

DLA LAND AND MARITIME

MARITIME SUPPLY CHAIN

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

326211NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

40PAGE 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

SECTION A

GENERAL INFORMATION TO OFFERORS

A.1 OVERVIEW

This solicitation is being issued under the authority of 10 U.S.C. §2304(c)(1) and FAR Parts 13 and 6.302-1 and contemplates award of contracts for items of supply that are available from only one or a limited number of responsible sources.

The Government will award an Indefinite Delivery Purchase Order (IDPO) Contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and/or other factors specified elsewhere in this solicitation considered. This is a solicitation for a firm-fixed-price IDPO contract for the supplies listed in the Schedule for a term from Award Date through one year from contract award date, or until the aggregate total of the orders placed against the contract reaches $150,000.00, whichever occurs first.

DLA Internet Bid Board Systems (DIBBS) quotations are not acceptable for this solicitation. Offerors must complete the entire solicitation. Quotes must be submitted on hard copy of this Request for Quote (RFQ), and either faxed to 614-693-1590, to the attention of Jonathan Stone, or scanned and emailed to Jonathan.Stone@dla.mil. Please ensure that all clauses are completed and returned.

The contract resulting from this solicitation will provide supply support to the Tires Successor Initiative (TSI) Contractor, Science Applications International Corporation (SAIC), designated in contract SPM7LX-11-D-0157/SPE7L1-14-D-0005, pursuant to FAR Part 51, and may also provide direct supply support to the Government.

SAIC is referred to as the “TSI Contractor” throughout this document.

A.2 SCOPE

A.2.1 The scope of this solicitation and resulting contract is TSI Contractor and Government supply support for the tire designated in the Schedule below for FSC 2610. The Schedule and solicitation clauses further describe the unique characteristics and requirements for the NSN herein.

A.2.2 The Government may order directly from the resulting LTC Vendor contract in support of military demands. These “Direct LTC Buys” would be processed as outlined in Section C.15 of this Request for Quote

(RFQ).

A.2.3 Awardee under this solicitation is referred to herein as the LTC Vendor.

A.3 NSNs WITH MULTIPLE SOURCES (i.e. CATL): The Schedule contains a vendor required fill-in stipulating the exact item, to include manufacturer and part number they are proposing. While this is a requirement at time of quote, after award, if the LTC Vendor is required to change the source and/or the specific tire they are providing, such as in the case of an item no longer being available, DAG Part 42.302-101, no prices or delivery terms will be changed as a result.

A.4 TRACEABILITY: In accordance with (IAW) DLAD 52.246-9066 and DLAD 52.211-9014, if the offeror is not identified as an approved source in the item description, the offeror shall submit traceability documentation to the Contracting Officer on or before the date that quotes are due. Failure to provide any required documentation within the stated timeframe may result in rejection of the quote. The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled or contract may be terminated for cause/default, as applicable.

A.5 FACSIMILE AND EMAILED QUOTES: Quotes and/or withdrawals sent via facsimile or email will be accepted

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SPE7M1-15-X-0015

when submitted in accordance with the instructions in Section A.1 above.

A.6 OFFEROR AUTHORIZED REPRESENTATIVE(S): Offerors shall identify individual(s) authorized to represent the offeror’s position and commit to the offeror in all exchanges between Government and offeror:

Name: ___________________________________________

Title/Position: _________________________________

Phone Number: ___________________________________

E-Mail Address: _________________________________

SECTION B

SCHEDULE OF SUPPLIES

Award will be made on an all or none basis per individual Contract Line Item Number (CLIN) or NSN for the supplies under this solicitation. The Schedule below contains supplies managed by DLA - Land and Maritime.

CLIN 0001

NSN 2610- 00-060-9959

AMC/AMSC: 3D1C

DPAS Rating: DOC9

PIC: 2

QCC: DAA

Gov’t Estimated Annual Demand Quantity: 17 Gov’t Requested Delivery Days: 30 days Minimum Order Quantity: 1/EA Maximum Order Quantity: NO MAX

Disclaimer: The tire and quantity information in this solicitation is subject to change. Any NSN information provided above is to assist potential Offerors in analysis and quote development. The Government neither warrants nor guarantees any LTC Vendor will realize the demands, other than any guaranteed minimums, which are identified herein in performance of any resulting contract.

LTC Vendor prices identified in any awards/contracts (including any modifications during the contract term) resulting from this solicitation will be made publicly available and shall not be marked as proprietary.

*** EVALUATION WILL BE MADE BASED ON INFORMATION ENTERED BELOW: ***

Offeror’s Quote:

CLIN: 0001

NSN: 2610- 00-060-9959

U/I: EA

Unit Price (1 EA): ______________

Manufacturer CAGE: ______________ PART NUMBER: ___________________

Proposed Delivery: __________days

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BAA/BPP Compliant: YES NO (circle one)

TIRE CHARACTERISTICS Compliant: YES NO (circle one)

Hazardous Codes: ______________

Remarks: _________________________________________________________

*NOTE* SURPLUS MATERIAL IS NOT PERMITTED

TIRE,PNEUMATIC,VEHICULAR

Configuration Change Management - Engineering Change Proposal, Requests for Variance (Deviation or Waiver) February 2015

1. Requirements A. The Configuration Change Management section of SAE EIA-649-1 Configuration Management Requirement for Defense Contracts, Paragraph 3.3, shall be used for Configuration Control of material purchased under this contract.

B. Furnished item(s) shall conform to the approved configuration requirements/revision specified, unless a Pre-Production Request for Variance (deviation) or a Post-Production Request for Variance (waiver), is processed and approved as provided by Paragraph 3. in this Standard Text Object (STO). Hereafter, the term #Request for Variance (RFV)# will also include Requests for Deviations and Waivers.

2. The definitions from EIA-649-1 apply to items being procured under this solicitation/contract, with the following clarification of Deviation & Waiver:

A. Pre-Production RFV (previously known as deviation) requests permission to produce a product that does not conform to contract requirements/documentation for a limited amount of time and for specified effectivity. (A deviation differs from an engineering change in that an approved engineering change requires corresponding revision of the item's current approved configuration documentation, whereas a deviation does not.).

B. Post-Production RFV (previously known as waiver) requests approval of product found during manufacture, or after having been submitted for Government inspection or acceptance, that departs from specified requirements, but nevertheless is considered suitable for use "as is" or after repair by an approved method.

3. Contractor responsibilities.

A. An Engineering Change Proposal (ECP) is used to make permanent changes in the Government technical data package (TDP). Pending approval of an ECP, contractual relief should be requested in writing by the Contractor using a RFV.

B. Refer to FAR Part 48 Value Engineering for cost saving improvements to the Technical Data Package (TDP).

C. All ECPs submitted by the Contractor will be deemed routine.

If the Contractor considers an ECP as an emergency or urgent; they shall include in their ECP submittal an explanation and all applicable

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supporting documentation. All ECPs will be reviewed for a determination on criticality, and, if concurred to be an emergency, the appropriate processing time-frame negotiated with the ESAs will be followed and the Contractor will be notified of anticipated response time.

D. For ECPs, Specification Change Notices (SCNs) or RFV, the Contractor must submit the applicable documentation listed in sub-paragraphs D.(1) through D.(4)to the Administrative Contracting Officer(ACO), with an information copy to the Procuring Contracting Officer (PCO). Failure to submit a complete legible package may result in return of the ECP/RFV without processing.

(1) Documentation listed in Paragraph 3.3.1 (for ECPs), 3.3.2 (RFV), 3.3.3 (for SCNs) or 3.3.4 (for Notices of Revision (NORs)) of the latest revision of EIA-649-1.

(2) DD Form 1692 (current revision) for ECP.

(3) DD Form 1694 (current revision) for RFV.

(4) DD Form 1695 (current revision) for NOR.

4. DLA#s responsibilities:

A. Upon receipt of the ECP or RFV, the PCO will ensure that the applicable product specialist receives the copy from DCMA.

B. Within five (5) working days from the date of receipt of the Contractor's ECP or RFV from DCMA, the PS must submit the requests and any supporting documentation via a 339 to the appropriate Engineering Support Activity (ESA), when applicable.

C. Routine ECPs will be processed within 90 days from receipt by the ESA. RFVs will be evaluated and processed within 30 days from receipt by the ESA or as negotiated with the ESA.

(1) The contractor will be notified in writing of approval by the return of an approved copy of the ECP or RFV. Approval will be reflected by signature of the contracting activity or a review activity specifically identified in the contract.

(2) The contractor will be notified in writing of disapproval including reason(s) for disapproval.

5. For an approved RFV or an approved ECP, when the request affects the Contract, a modification will be issued to the contract incorporating the applicable requirement changes. Only a Contracting Officer is authorized to issue a modification incorporating the approved RFV and/or

ECP.

6. Questions regarding the status of previously submitted ECP or RFV should be directed to the PCO.

7. The submission of an ECP or RFV by the Contractor does not affect the required delivery date of the contract. If a delivery date change is needed, it must be negotiated with the Contracting Officer and documented via modification to the contract.

8. The period of time for evaluation and approval/disapproval of an ECP and/or a RFV, as specified in Paragraph 4. C., shall not constitute excusable delay in the performance of this Contract by the Contractor or in any way relieve the contractor from compliance with the contract delivery schedule. The submission of an ECP and/or RFV by the Contractor shall not preclude the Government from exercising its rights under any clause of the Contract. (End)

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** EXCEPTION: This shelf life item is Non-Extendable, Code S, with a total shelf life of sixty months. Material furnished under this contract/order shall have at least 42 months of shelf life remaining at time of delivery. **

CLASS I OZONE DEPLETING CHEMICALS ARE NOT TO BE

USED NOR INCORPORATED IN ANY ITEMS TO BE

DELIVERED UNDER THIS CONTRACT.THIS PROHIBITION

SUPERSEDES ALL SPECIFICATION REQUIREMENTS BUT

DOES NOT ALLEVIATE ANY PRODUCT REQUIREMENTS.

SUBSTITUTE CHEMICALS MUST BE SUBMITTED FOR

APPROVAL UNLESS THEY ARE AUTHORIZED BY THE

SPECIFICATION REQUIREMENTS.

** EXCEPTION: Vendor must include a flap with each tire. **

TIRE CHARACTERISTICS

ASTM F1922 WITH CATL-1922

GROUP 3

SIZE: 8.25-20

CONSTRUCTION: BIAS

STRENGTH: LOAD RANGE F

AIR RETENSION: TUBE TYPE

FLAP: YES

SERVICE TYPE: OVER THE ROAD TRUCK / BUS

TREAD DESIGN: HIGHWAY REGULAR

MAX INFLATION: 100 PSI

TIRE LOAD MAX CAPACITY: 4540 LBS USED AS SINGLE

VEHICLE APPLICATION: VARIOUS

MIL-DTL-4M

10 January 1997

3.3.2.1.4 Tires with flaps.

Flaps shall be rolled and placed inside the tire. When the size of the rolled flap and normal distance between beads assure that flap will remain in place during normal handling and transportation, no tying is required. When the size of the rolled flap is such that it will not be securely held within the tire, it shall be secured within the tire using twine conforming to A-A-228 or A-A-145 1, or nonmetallic strapping conforming to ASTM D3950, in such a manner as to assure safe delivery.

When it is too difficult to insert the rolled flap within the tire, it shall be secured within the tire in the normal installed position. Safe transportation shall be ensured by securing flaps within the tire using twine conforming to A-A-228 or A-A-145 1, or nonmetallic strapping

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conforming to ASTM D3950.

IAW BASIC DRAWING NR 19207 12504856

REVISION NR DTD 11/16/2006

PART PIECE NUMBER:

IAW REFERENCE STD NR MIL-STD-129R

REVISION NR R DTD 10/03/2006

PART PIECE NUMBER:

**TRACE TO OEM (ORIGINAL EQUIPMENT MANUFACTURER) IS REQUIRED AT TIME OF QUOTE. QUOTATION WILL NOT BE COMPLETE WITHOUT UNREDACTED DOCUMENTATION** See DLAD 52.246-9066 and 52.211-9014 for Traceability information.

Packaging and Marking: Commercial

SECTION C

PERFORMANCE WORK STATEMENT/ DESCRIPTIONS / SPECIFICATIONS

C.1 OVERVIEW

C.1.1 LTC Vendors shall supply tires to the TSI Contractor, for supply support of the tire NSN(s) as listed herein (designated in contract SPM7LX-11-D-0157/SPE7L1-14-D-0005).

C.1.2 The LTC Vendor will receive an order from the TSI Contractor. Any interested offeror must be able to receive orders electronically from the TSI Contractor. This can be accommodated either through electronic mail, Electronic Data Interchange (EDI), or paperless order transmission. Alternatively, a manual order from the TSI Contractor shall be accommodated.

C.2 TSI PROGRAM EXECUTION; TSI CONTRACTOR AND LTC VENDOR RELATIONSHIP

C.2.1 The TSI Contractor and the LTC Vendor is expected and required to meet all terms and conditions as outlined in their applicable contracts. LTC Vendors supporting the TSI Program are partnering with Government and industry counterparts to support DLA’s military customer and are therefore expected to use reasonable efforts and good faith in executing TSI Program support.

C.2.2 Ordering, Pricing, and Delivery: The TSI Contractor is authorized and required to place orders under the LTC Vendors’ contracts. Orders shall be placed by the TSI Contractor directly to the Government designated LTC Vendor source for each NSN. The LTC Vendor shall fill the TSI Contractor orders at the price and delivery terms in the LTC Vendor’s contract. The LTC Vendor shall notify the TSI contractor, in writing, the date the TSI Contractor should expect delivery at least 5 calendar days prior to the scheduled delivery date.

C.2.3 Inspection & Acceptance: The TSI Contractor shall conduct a “kind, count and condition” (KCC) inspection prior to acceptance of LTC Vendor-supplied materiel. Inspection and Acceptance (or action as outlined at C.2.3.1.1 or C.2.3.1.2)is expected to occur within 3 business days after delivery to the TSI Contractor’s location. Acceptance of tires by the TSI Contractor under this provision does not constitute acceptance on behalf of the Government, and is only the TSI Contractor’s determination that the tires are suitable for use in its performance under the TSI contract and in accordance with applicable terms and conditions. The same or similar requirements are included in the TSI Contract

SPM7LX-11-D-0157/SPE7L1-14-D-0005.

C.2.3.1 KCC inspection shall constitute a superficial evaluation of the quality of the item and consist of

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the following:

• Kind: visual identification of at least one item per the item description, verification of the part number, contract number and NSN; all as specified in the LTC;

• Count: visual confirmation of the contents of a minimum of one package per line item and number of packages received as specified in the order; and

• Condition: visual verification of physical appearance of the exterior of the item to determine if the item visually meets the LTC requirement.

C.2.3.1.1 Should the TSI Contractor’s system determine a “kind” and/or “count” non-conformance upon inspection of material, the TSI Contractor shall notify, in writing, the Contracting Officer and LTC Vendor with sufficient documentation/information to support the non-conformance along with a requested disposition.

C.2.3.1.2 Should the TSI Contractor’s system determine a “condition” non-conformance upon inspection of material, the TSI Contractor shall notify, in writing, the Contracting Officer and LTC Vendor within 1 day from the time the carrier delivers the tires, with sufficient documentation/information to support the non-conformance along with a requested disposition. Any disputes shall be resolved per paragraph C.2.7.

C.2.3.2 The TSI Contractor is not permitted to reject conforming materials from the LTC Vendor provided the supplied tires meet the LTC Vendor’s contract requirements.

C.2.4 Payment: The TSI Contractor shall make payment to the LTC Vendor under Net 30 terms from the date it receives a proper invoice.

C.2.4.1 For purposes of LTC Vendor payment from the TSI Contractor, a proper invoice shall include, at a minimum, the following elements: Sender and Recipient Information (i.e., company name, address, and phone), TSI LTC Vendor Government Contract Number, TSI Contractor Invoice Number (if applicable), Ship Date, Delivery Date, Receipt Date, Invoice Date, Quantity, Description of Contents (to include NSN and nomenclature), Carrier and Tracking Number and Invoice Value (in dollars).

C.2.4.2 If authorized by the Contracting Officer, in writing to both parties, pursuant to a final resolution under paragraph C.2.7, the TSI Contractor may offset payments to recover costs associated with materiel returns.

C.2.4.3 If the TSI Contractor fails to pay the LTC Vendor for conforming tires received, pursuant to C.2.7, the Contracting Officer will issue a final decision that authorizes payment by the Government directly to the LTC Vendor.

C.2.5 Warranty Returns and Customer Returns: Returns will be handled by the Contracting Officer or Designee on a case by case basis.

C.2.5.1 Notwithstanding any previous inspection and/or acceptance by the Government, the LTC Vendor warrants all items covered by this contract shall be free from defects and fully usable in accordance with their operational application and the specifications set forth in this solicitation (to include any attachments and amendments) and consistent with the requirements at C.2.3 and C.2.5 and their subparts. This is in addition to, and not in abrogation of, any commercial or other warranty on the items.

C.2.5.2 In the event of a customer return due to a defect or damage, the Government will investigate to assess the failure and determine cause for the defect and initiate the corrective action and return, if applicable.

C.2.5.3 Payment for Returned Tires: The TSI Contractor shall bear the initial costs associated with the return and replacement of non-conforming tires. In the event the Government’s investigation determines the LTC Vendor is responsible for the defect or failure, the LTC Vendor shall reimburse the TSI Contractor the costs associated with the materiel return. The LTC Vendor shall be liable for manufacturer defects or damage

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occurring before delivery to the TSI Contractor, while the TSI Contractor shall be liable for damage to the tires occurring after receipt due to the TSI Contractor’s handling, storage, and/or shipment of the tires to the Government end-user.

C.2.6 Reliability Management and Communication: The term “Reliability Management” refers collectively to Configuration Management, Obsolescence Management, and Quality Management (see sections C.11, C.12 and C.13).

When either party, the TSI Contractor or LTC Vendor, provides the Government with information regarding Reliability Management of specific NSNs in accordance with the terms of their contract, that same information shall be provided to their TSI Program counterpart at the same time in writing; i.e., the TSI Contractor shall provide the information to the LTC Vendor(s) responsible for the specific NSN and the LTC Vendor shall provide the information to the TSI Contractor.

C.2.7 Disputes: All disputes and issues needing a resolution that arise between the TSI Contractor and the LTC Vendor in the performance of the applicable contracts shall be resolved in accordance with the Disputes sub-paragraph. In the event a dispute or issue arises between the TSI Contractor and the LTC Vendor, the LTC Vendor shall attempt to resolve the issue through good-faith efforts. If the parties are unable to resolve the issue after a period of 30 days (unless otherwise specified), the LTC Vendor will refer the matter to the Government (Contracting Officer or Contract Administrator) for a final disposition decision.

C.2.8 Any additional commercial contract requirements established between the TSI Contractor and LTC Vendor shall be the responsibility of the two parties, but in order to maintain the integrity of the TSI Program, all agreements shall be provided to the Contracting Officer, in writing, to ensure said agreements are not in conflict with the terms of the applicable TSI Program contracts. The Government is not a party to any such agreement. No disputes over terms or conditions negotiated between the TSI Contractor and the LTC Vendor beyond the Government LTC’s terms and conditions shall justify delay in LTC Vendor performance under this contract.

C.3 IDPO SOLICITATION AND CONTRACT: The government desires to enter into an IDPO contract in accordance with DLAD 52.213-9012 INDEFINITE DELIVERY PURCHASE ORDER (IDPO) - BILATERAL (SEP 2012)and the following note:

C.3.1 NOTE TO DLAD 52.213-9012 - USE IN TSI PROGRAM SUPPORT

This solicitation and any resulting contract is to be used for TSI program support. The terms of DLAD 52.213-9012 sub-paragraph (a) are altered as follows:

1. TERM / BILATERAL AGREEMENT / EFFECTIVE DATE: The period of performance shall be from the date of award through one year from contract award date or until the aggregate total of the orders placed against the contract reaches $150,000.00, whichever occurs first. This agreement becomes binding upon being signed by the government and the contractor.

2. DELIVERY ORDERS: The contractor agrees that it will accept delivery orders under the same terms and conditions specified in the award document. All additional orders will reference the basic contract.

3. CONTRACT MINIMUM/ MAXIUM: The Government (or the TSI Contractor) fulfills its minimum obligation when the contractor receives payment for 1 tire at the contract price. The Government (or the TSI Contractor) may elect to meet the contract minimum (1) by placing an order for a tire and paying the contractor for that tire or (2) by paying the contractor the contract price for 1 tire without taking delivery of a tire.

The aggregate dollar value for all orders placed for each award may not exceed $150,000.

C.4 REPRESENTATION: By submitting a quote in response to this solicitation, the Offeror agrees to provide items in accordance with the descriptions in the Schedule and that the items supplied are from the approved source(s).

C.5 ALL OR NONE NSNs: Individual CLINs (NSNs) will be awarded on an “All or None” basis in accordance with (IAW) the evaluation criteria in Section M.

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C.6 PACKAGING AND MARKING: Tire supply shipments to the TSI Contractor shall include commercial packaging and marking requirements. Marking shall be in accordance with commercial standards unless otherwise specified in the item description of the delivery order.

C.7 F.O.B. POINT AND DELIVERY: The FOB point for all tires ordered (except for Direct Buy Procedures)under award from this solicitation is Destination. The FOB Destination location will be at the TSI Contractor’s facility located in Dallas, Texas area. Deliveries to areas other than Dallas, Texas may be negotiated if necessary. The LTC Vendor shall provide the TSI Contractor written notice of the date the TSI Contractor’s order is expected to be delivered at least 5 calendar days prior to the scheduled delivery date.

C.7.1 For purposes of calculating on-time delivery, the LTC Vendor is considered to have completed a delivery order on the earliest date that both of the following events have occurred: (1) the LTC Vendor has given the TSI Contractor the written notice required in C.7 AND (2) the LTC Vendor completes delivery to the TSI Contractor’s location (IAW C.7), as indicated by a bill of lading, packing list or other written documentation.

C.8 REPORTING: The LTC Vendor shall submit to the Contracting Officer or Designee, monthly, no later than the 10th of each month, the Quality and On-Time Delivery reports for the previous month for any orders received from the TSI Contractor.

C.8.1 On-Time Delivery Report

C.8.1.1 At a minimum, the On-Time Delivery Report shall contain a listing of all orders received for the month, and for each order: the NSN, the quantity ordered, the quantity shipped, the date the order was received and, if completed, the date the TSI Contractor was notified that delivery would be made, the date the order was delivered, the contractually required delivery days and the actual delivery days as determined by the difference between the date the order was placed by the TSI Contractor and the order completion date described in C.7.1 above. If an order is for Surge and Sustainment (see Section B.3), the report shall indicate the order as such.

C.8.1.2 If no orders were filled during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.8.2 Quality Report

C.8.2.1 At a minimum, the Quality Report shall contain a listing of any orders that failed the TSI Contractor’s KCC inspection, the NSN at issue, the date of the failed inspection, an explanation of the reason for the failure, and a statement regarding when the issue is expected to be resolved. In addition, the report shall indicate any NSNs that have part number or drawing changes and NSNs expected to become or known to be obsolete along with suggested replacements.

C.8.2.2 If none of the triggering events in C.8.2.1 occur during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.8.3 Report Format: The Official Report may be submitted in an Adobe PDF format or other non-editable format. The LTC Vendor shall also submit an editable copy in Microsoft Word or Excel format for governmental reporting purposes and/or analysis.

C.8.4 For all reports/deliverables: All of the above reports/deliverables shall be delivered to the Government with unlimited rights and shall not be identified as proprietary data. “Unlimited Rights” means the Government has the rights to use, disclose, reproduce, prepare derivative works, distribute copies to the public, of the data (including the contents of reports) in any manner and for any purpose, and to have or permit others to do so.

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C.9 CONFIGURATION MANAGEMENT

C.9.1 General: The Government will maintain configuration control and change authority for all modifications or changes regarding TSI Program support. LTC Vendors shall maintain configuration of the tires in accordance with the requirements of the resulting contract(s), and shall review configuration of tires and recommend other available tires that meet or exceed the current application of the tire type and represent a better value to the government. The Engineering Support Activity (ESA) for this contract is the U.S. Army Tank Automotive Research, Development and Engineering Center (TARDEC) located in Detroit Arsenal, Warren, MI.

C.9.1.1 The LTC Vendor(s) shall submit for approval to the Contracting Officer all known configuration changes that affect the supply of tires to include the impacted system, old and new part numbers, and the reason for the proposed change.

C.9.1.2 Known configuration changes that affect Foreign Military Sales (FMS) will be identified and forwarded to the Contracting Officer for consideration and include the impacted system, old and new part numbers, and the reason for the change. The Contracting Officer will submit this information to DLA HQ and the appropriate International Logistics Control Organization to advise FMS customers.

C.9.2 Deviations

C.9.2.1 LTC Vendor(s) shall not manufacture or supply any items under any resulting LTC awards which incorporate a known departure from technical or contractual requirements unless a request for a deviation has been approved by the government. Authorized deviations are a temporary departure from the requirements only, and do not authorize a change to the item’s configuration baseline.

C.9.2.2 Deviation requests shall be prepared in accordance with DI-CMAN-80640C - Request for Deviation.

Guidelines for preparing deviations may also be found in MIL-HDBK-61A, Configuration Management Guidance and ANSI/EIA-649, National Consensus Standard for Configuration Management. For all items under this solicitation and any resulting awards, deviations, waivers or engineering change quotes are not permitted unless authorized in writing by the Contracting Officer.

C.9.3 Notification: The LTC Vendor shall monitor and immediately notify the Contracting Officer of any weapon system program developments or modifications that may impact the performance and/or require a change to the current configuration of tires covered by this Solicitation. The Contracting Officer will then take whatever action, if any, deemed necessary to coordinate with the ESA the possible configuration change and any resulting addition, deletion or modification of a tire or tire type.

C.10 OBSOLESCENCE MANAGEMENT: See DLAD 52.216-9006 ADDITION/DELETION OF ITEMS (AUG 2005) for further guidance.

C.11 QUALITY MANAGEMENT

C.11.1 Quality System Requirement: The LTC Vendor shall maintain a quality system that meets the requirements of ISO 9001:2000. The LTC Vendor shall be responsible for tire quality control for all tires purchased/manufactured until delivery to TSI Contractor, or the government customer.

C.11.1.1 LTC Vendor Technical and Quality Compliance includes delivering tires which meet the Government’s required specifications, drawings and sources as indicated in the Schedule. The LTC Vendor’s quality management system/program shall be designed to promptly detect, correct, and prevent conditions that adversely affect performance and quality.

C.11.1.2 The LTC Vendor shall maintain a single point of contact to interface with the government’s tire logistics manager for the TSI Program to ensure timely resolution of business and technical problems and implementation of corrective action.

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C.11.2 Quality Data: When requested by the contracting officer, and after the Contracting Officer, on behalf of the Government, signs a non-disclosure agreement, the LTC Vendor shall make available for Government review, either at the LTC Vendor’s facility during regular business hours with reasonable notice (at least 10 business days prior to day of visit to the LTC Vendor’s facility), or by other means, agreeable to both parties, also with reasonable notice (at least 10 business days prior to review by other means), the following data:

• Quality control manual and procedures, work instructions, drawings and specifications, repair manuals, repair procedures, manufacturing records, in-process/final inspection records, and Acceptance Test Procedure (ATP) results.

• Summary results of periodic third party audits and follow up corrective actions for any deficiencies noted.

• Results of scheduled internal quality system audits and follow up corrective actions for any deficiencies noted.

• Copies of ISO generated management reports tracking rework, customer complaints, delivery schedules, cost of quality, ordering, inventory, transportation, etc.

The Government is precluded from taking photographs, recording or reproducing the data and from removing original data or copies of original data from the LTC Vendor’s facility(ies). This does not limit the Government’s right to create its own report which may include limited full text references to quality data in relation to the Government’s report findings.

C.12 SHELF-LIFE REQUIREMENTS: The LTC Vendor shall deliver tires in accordance with the shelf-life requirements identified in DLAD clause 52.211-9024 (TAILORED) herein. Tires should be delivered to the specified delivery location of the TSI Contractor within eighteen (18) months of being manufactured, and must have no less than forty-two (42) months of shelf-life remaining upon delivery to the TSI Contractor.

C.13 LIMITATION ON USE OF CERTAIN EXTENDER OILS: Tires delivered under the contracts resulting from this solicitation shall not contain polycyclic aromatic hydrocarbon (PAH) rich extender oils and blends used as extender oils for the production of tires.

C.14 DCMA UTILIZATION: The Government anticipates utilizing the Defense Contract Management Agency (DCMA), as delegated by the Contracting Officer, for contract administration support during LTC Vendor performance.

C.15 LTC DIRECT BUYS: The Government anticipates that the LTC Vendor will be primarily engaged in providing TSI Contractor support throughout the life of any resulting contract, however, the Government may order directly from the LTC.

C.15.1 LTC Vendors must be able to process “LTC Direct Buys” as outlined herein.

C.15.2 In the event that DLA orders tires under this procedure, the Contracting Officer and the LTC Vendor will negotiate delivery and rates to accommodate any additional packaging, marking and/or palletization requirements in excess of standard commercial packaging, to be specified on the individual delivery order.

Any excess shipping costs (i.e. for Time-Definite-Delivery or Outside the Continental United States (OCONUS) delivery) will also be negotiated at that time. The negotiations under this section shall not exceed thirty

(30) days from the date the Contracting Officer has notified the LTC Vendor of Direct Buy execution.

C.15.2.1 Any LTC Direct Buy delivery order executed by DLA that directs the LTC Vendor(s) to supply tires directly to a military customer shall require marking in accordance with MIL-STD-129P. The MIL-STD-129P marking requirements for any LTC Direct Buys will be listed in the individual Delivery Order.

C.15.3 FOB Destination and Inspection and Acceptance at Destination shall apply to Direct Buys.

C.15.3.1 For Direct-Buy orders for FMS support, the FOB point shall be Origin with Inspection and Acceptance to occur at Origin. Transportation instructions will be included on delivery orders or can be obtained in accordance with DLAD 52.247-9034. The Contracting Officer will negotiate unit pricing with the LTC Vendor

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based on FOB Origin shipping requirements.

C.15.4 Orders from the Government for direct-buys are anticipated to be placed electronically. The LTC Vendor must be able to support electronic ordering procedures in accordance with C.1.2, above. Issuance of an EDI transmission, when supported by the LTC Vendor, or email notification from the Contracting Officer constitutes a binding order. The LTC Vendor is required to commence performance upon receipt of a binding order. If EDI is used, the following three EDI transactions are required for the purpose of transmitting Delivery Orders and Tracking Performance under C.18:

• 850 Purchase / Delivery Order

• 856 Shipment Notice Manifest

• 997 Functional Acknowledgement

C.15.5 The LTC Vendor shall submit monthly Quality and On-Time Delivery reports for any orders filled under this section. These reports shall contain the same information and be in the same format specified in section C.10. If no orders were filled during a month, the LTC Vendor shall submit a report with a statement to that effect.

C.15.6 Reliability Management requirements apply to direct buys and are unchanged.

C.15.7 The Government may pay the LTC Vendor under Fast Pay terms (see 52.212-9001 under Section I) provided the delivery order dollar value does not exceed the Fast Pay threshold. Payment will be made under Net 30 terms for Direct Buys if Fast Pay is not authorized.

C.16 APPLICABILITY: Unless specifically noted otherwise, each aspect of this Performance Work Statement (Section C) applies to an LTC Vendor providing tires in response to a direct buy or TSI Contractor order.

*** Tailored Clause ***

DLAD 52.211-9024 SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS TAILORED (MAY 2013)

(a) Products delivered under this contract shall be manufactured/cured/assembled to ensure that a minimum of forty-two (42) months of shelf-life is remaining at time of receipt by the Government or TSI Contractor.

(b) Marking or labeling shall reflect these data.

(c) Supplies received by the Government or TSI Contractor with less than forty-two (42) months shelf-life remaining will be considered to be nonconforming within the meaning of the Inspection Clause.

(d) Tires shall be delivered to the specified delivery location of the TSI Contractor (or to the Government’s specified delivery point if a Direct-Buy) within eighteen (18) months of being manufactured.

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Form

52.211-9014 CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION (AUG 2012) DLAD

252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW – FISCAL YEAR 2014 APPROPRIATIONS (FEB 2014) DFARS

PID Data - Custom Clause

Insert (copy and paste) text for the PID information here

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEC 2014) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(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.

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SPE7M1-15-X-0015

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period 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…