SPE7M218Q0169.PDF

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Attached to: SHAFT, STRAIGHT Federal contract opportunity
Solicitation number: SPE7M218Q0169
Issued by: Defense Logistics Agency Land and Maritime

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REQUEST FOR QUOTATIONS THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

4. CERT.FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5. ISSUED BY

7. DELIVERY

9. DESTINATION

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5 ON OR

BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (See Continuation Sheets)

12. DISCOUNT FOR PROMPT PAYMENT

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

16. SIGNER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not useable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

1. REQUEST NO.

SPE7M2-18-Q-0169

2. DATE ISSUED

2018 APR 02

3. REQUISITION/PURCHASE REQUEST NO.

0072283171

RATING

DO-C9

DLA LAND AND MARITIME

VALVES HARDWARE DIVISION

PO BOX 3990

COLUMBUS OH 43218-3990

USA

Buyer: Kyle Barr PMCMBBZ Tel: 614-692-1243 Fax: 614-692-6923 Email: Kyle.Barr@dla.mil

6. DELIVER BY (Date)

SEE SCHEDULE

8. TO:

c. CITY

d. STATE

b. STREET ADDRESS

a. NAME OF CONSIGNEE

e. ZIP CODE

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS

15. DATE OF QUOTATION

a. NAME (Type or Print)

AREA CODE

c. TITLE (Type or Print)d. CITY

c. COUNTY

b. STREET ADDRESS

e. STATE f. ZIP CODE

See Schedule

2018 APR 14

NUMBER

FOB DESTINATION

OTHER

(See Schedule)

CAGE

b. TELEPHONE

See attached schedule to complete quote information.

Quoter must also complete the following:

a. Quotation is valid for 90 days from date specified in Block 10 above unless otherwise indicated: _____________ .

b. Prices quoted are:

___ Contained in Commercial Catalog or Published Price List No. ___________________ dated _______________ page __________ .

___ Contained in Internal Price List No. _______________dated ____________________, which may be examined at our facility.

___ Commercial sales of comparable quantities: Quantity ____________ ; Price _____________;

___ Customer ________________________.

___ Other (provide basis) ______________________________________ _______________________________________ .

c. FOB Point: ____ Destination ____ Origin Shipping Point (City, State) _________________________________________ .

d. If delivery period shown in Block 6 is unacceptable, provide best possible delivery: _________________________________.

e. Remittance Address (Name, Street, City, State, ZIP): Same as Block 13 unless otherwise indicated below:

f. Vendor FAX Number: ____________________ Vendor Toll-Free Number: ____________________ Vendor E-mail: ______________________________

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 36 PAGES

SPE7M2-18-Q-0169

CONTINUED ON NEXT PAGE

THIS SOLICITATION IS BEING ISSUED IN ACCORDANCE WITH SEPA REQUIREMENTS.

*************PLEASE READ THE FOLLOWING CAREFULLY****************

****THIS IS AN ALRE CRITICAL SAFETY ITEM (CSI)****

AIRCRAFT LAUNCH AND RECOVERY EQUIPMENT

NSN# 3040-01-353-8348

PART NUMBER:

IN SUPPORT AND PREPARATION OF THIS SOLICITATION FOR THIS ALRE ITEM, TDR NO. 17-12009 WAS USED.

*******************************NOTE*************************************

PLEASE NOTE IN THE SOLICITATION THERE ARE ADDITIONAL LINE ITEMS BEGINNING WITH “S0…”. THESE LINES COINCIDE WITH THE “CONTRACT DATA REQUIREMENTS LIST” (CDRLS) FOUND IN THE TECH DOC BIDSET DOWNLOADABLE FROM DIBBS.

THE CDRLS WILL BECOME DELIVERABLES AT TIME OF AWARD AND WILL BE ATTACHED BY THE BUYER.

THE TECHNICAL DOCUMENTS FOR THIS SOLICITATION MUST BE DOWNLOADED AND REVIEWED PRIOR TO SUBMISSION OF QUOTES/OFFERS.

IT IS MANDATED BY THE NAVY THAT A POST AWARD CONFERENCE BE HELD WITH NAVAIR, THE POST AWARD CONTRACTING OFFICER AND THE AWARDEE. THE CONFERENCE IS HELD TO CLARIFY THE REQUIREMENTS OF THE RESULTING CONTRACT.

CLIN 0002 – S00000052 – GOVERNMENT FIRST ARTICLE TESTING (FAT) (CDRL)

CLIN 0003 – S00000046 – PRODUCTION TEST & INSPECTION REPORT (PTI) (CDRL)

CLIN 0004 – S00000046 – CERTIFICATE OF QUALITY COMPLIANCE (COQC) (CDRL)

FIRST ARTICLE TESTING: GOVERNMENT

FOB POINT: DESTINATION

INSPECTION AND ACCEPTANCE POINT:

1. Preliminary Inspection Point: SOURCE

2. Acceptance Point: DESTINATION

RECEIPT CERTIFICATION INSPECTION (Material Receipt Inspection – MRI):

***P/N: 622219-1: Part shall be Receipt inspected and certified at Lakehurst

Contractor shall provide tracking information of the shipment for the final production quantity shipped to NAVAIR Lakehurst to the PCO so receipt can be verified.

After inspection and acceptance of material at Lakehurst, the material will be shipped to the DLA stock location.

Lakehurst will be responsible for the shipment of the material to the DLA depot location.

Traceability to Approved Sources listed in this solicitation and authorized OEM distributor designation is required on all CSI purchases.

Sources that are not approved for this NSN are required to submit a Full Source Approval Request (SAR) to DSCC by the closing date of this solicitation. The data package will be submitted to the Source Approval Authority and they will determine if the source is acceptable. $200 Local Evaluation Cost and $1,500 ESA Evaluation cost added to alternate offers before submission of data package is considered. Due to criticality and time required for ESA evaluation of alternate offers, it may not be possible to consider alternate offers for current award, but those meeting evaluation criteria will be considered for future procurements if approved by ESA after SAR evaluation.

-COC IS NOT AUTHORIZED FOR CSI ALRE ITEMS

-GOVERNMENT SURPLUS IS NOT ACCEPTABLE FOR CSI ALRE ITEMS

DLAD PROCUREMENT NOTES INCORPORATED BY REFERENCE

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)

UCF SECTION E – FIRST ARTICLE – CONTRACTOR TESTING – DCMA DELEGATION

(1) Notice to Contractor: The Defense Contract Management Agency (DCMA) Administrative Contracting Officer (ACO) is delegated the authority to approve/disapprove the First Article Test Report submitted in accordance with the requirements in this contract. Any reference to the Contracting Officer as it relates to submission of and approval/ disapproval of the FAT Report shall be deemed to mean the DCMA ACO.

(2) Notice to ACO: The DCMA ACO shall forward a copy of the First Article Test Report and the DCMA ACO’s letter of approval/disapproval to the Contracting Officer at the buying activity and to the address identified in FAR Clause 52.209-3(b).

(End of Text)

UCF SECTION E – NOTE TO CONTRACTOR FOR INSPECTION – ALRE

Because of the critical nature of this material, a representative of the Naval Air Warfare Center (NAWC) Lakehurst is available to furnish technical assistance on Quality Assurance (QA) matters and shall have the option of conducting QA surveillance for the first lot produced under this contract (and subsequent lots if necessary).

This requirement will be performed in conjunction with the Quality Assurance Representative (QAR) of the cognizant Defense Contract Management Agency (DCMA) Contract Management Office and does not abrogate the authority of responsibility of the DCMA QAR. The Contractor agrees to notify, in writing, the supervisor of the Quality Assurance (QA) Section, Code 4.8.8.8, Lakehurst NJ 08733-5025, when the material is scheduled to be presented to the DCMA QAR for Government inspection and acceptance.

This notice shall afford the NAWC Lakehurst QA Representative the option of being present during the inspection.

Notification may be provided via telephone (732) 323-2834 immediately followed by written confirmation, or via facsimile transmission to (732) 323-1381. A minimum of fourteen (14) working days after receipt of notification is required to arrange such a visit.

Note: Advise the Procuring Contracting Officer (PCO) listed in the order by facsimile or email at the same time notice is given to NAWC Lakehurst.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 36 PAGES

CONTINUED ON NEXT PAGE

(End of Text)

UCF SECTION F – 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:

(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 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) UCF SECTION M – FIRST ARTICLE EVALUATION FACTORS (LOGISTICS COMMAND (LOGCOM) DEPOT LEVEL REPAIRABLE (DLR), DLA LAND

AND MARITIME)

(SELF DELETING ON AWARD)

(a) In the event the offeror does not qualify for waiver of first article testing under provisions set forth elsewhere in this solicitation, the costs of first article testing shall be a factor in evaluating offers.

(b) If the offeror fails to furnish a separate offered price for the first article line item in section “b”, the bid or proposal shall be evaluated under the presumption that there is no separate charge for first article testing, and the offeror agrees to perform such tests in accordance with terms of the resulting contract at no additional cost to the Government.

(End of Basic Text) Add paragraphs (c) and (d) when the FAT will be performed by the Government.

(c) It is estimated that Government costs incidental to first article test/evaluation will be (DOLLAR VALUE FOUND IN TDR IN FAT PARAGRAPH) For purposes of evaluation only, this amount will be added to those bids/proposals which do not qualify for waiver of first article under provisions set forth elsewhere in this solicitation.

(d) If a first article is disapproved and resubmission is authorized, the Government costs of $ (TO BE DETERMINED BY POST AWARD ADMIN POC) --- related to additional approval tests will be deducted from the contract amount for each submittal in accordance with Federal Acquisition Regulation (FAR) clause 52.209-4(c). This amount is in addition to any consideration flowing to the Government for extension, if such applies.

(End of Text) NAVAIR finds the following quality programs acceptable to meeting the requirement of FAR Higher Level Quality clause 52.246-11:

ISO9000:1994

ISO9001:2000

ISO9001:2008

ISO9001:2015

AQS AC7004

AS9003

AS9100

MIL-I-45208

MIL-Q-9858 and equivalent

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 36 PAGES

CONTINUED ON NEXT PAGE

SECTION B

SUPPLIES/SERVICES: 3040-01-353-8348

ITEM DESCRIPTION:

SHAFT,STRAIGHT

82N ALRE CSI

THE FOLLOWING DRAWINGS/DOCUMENTS APPLT TO THIS NSN:

DWG-80020-622219(Rev H)

CN013538348

CDRL-17-12009

SQAP013538348GFAT

SQAP013538348QA

Reference document TDR-17-12009(GOVT ONLY)

***MRI INSPECTION REQUIRED***

This NSN requires MATERIAL RECEIPT INSPECTION (MRI) at NAVAIR LKE prior to Final Delivery.

Please Include Production Testing Inspection Report and required material certification package with parts.

If parts must be shipped individually, please Include Production Testing Inspection Report and required material certification package with each part.

Please ship parts to:

NAVAIR

CODE 4.8.8.8 / BLDG. 148-1

HWY 547

JOINT BASE MDL, NJ 08733

ATTN: Paul Campos MRI Inspection Required for this contract

SERIALIZATION FOR EACH PART IS REQUIRED FOR THIS ALRE CSI NSN.

RC001: DOCUMENTATION REQUIREMENTS FOR SOURCE APPROVAL REQUEST (SAR)

RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT

RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS

(IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE

DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB

AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR

SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE

SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE

ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE

APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON

REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

RQ001: HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS (MANUFACTURERS AND

NON-MANUFACTURERS)

ISO9000:1994, ISO9001:2000, ISO9001:2008, ISO9001:2015, AQS AC7004,

AS9003, AS9100, MIL-I-45208, MIL-Q-9858 and equivalent are acceptable Quality Management Programs for NAVAIR/NAVSUP ALRE TDR approved sources

RQ002: CONFIGURATION CHANGE MANAGEMENT - ENGINEERING CHANGE PROPOSAL

REQUEST FOR VARIANCE (DEVIATION OR WAIVER)

RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES

The following Contract Data Requirements Lists (CDRLs), DD Form 1423s, apply to this procurement. Review the Technical Data Package (TDP) for additional information.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 36 PAGES

CONTINUED ON NEXT PAGE

SECTION B

SUPPLY/SERVICE: 3040-01-353-8348 CONT'D

-First Article Testing Report -Production Test and Inspection Report -Certificate of Quality Compliance If this NSN provides Contract Data Requirement Lists (CDRLs) as part of the Technical Data Package, the line items from this solicitation are not to be separately priced. Offerors must factor into the end item unit price all costs associated with the preparation and delivery of the data deliverables in the contract.

AIRCRAFT LAUNCH AND RECOVERY EQUIPMENT (ALRE) CRITICAL APPLICATION ITEM

SOURCE APPROVAL - TO BE ELIGIBLE FOR AWARD UNDER THIS SOLICITATION, AN

OFFEROR MUST BE AN APPROVED SOURCE OR PROVIDE THE PRODUCT OF AN APPROVED

SOURCE AS DETERMINED BY THE ENGINEERING SUPPORT ACTIVITY, NAVAL AIR

WARFARE CENTER (NAWC) AIRCRAFT DIVISION LAKEHURST. THE CRITERIA AND

PROCEDURES FOR SOURCE APPROVAL ARE CONTAINED IN PART I OF THE NAVAL

INVENTORY CONTROL POINT (NAVICP) PHILADELPHIA BROCHURE ENTITLED "SOURCE

APPROVAL INFORMATION BROCHURE FOR SPARES". THE LATEST VERSION OF THIS

BROCHURE MAY BE OBTAINED BY ACCESSING NAVICP'S WEBSITE:

HTTPS://WWW.NAVSUP.NAVY.MIL, OUR TEAM, NAVICP, BUSINESS OPPORTUNITIES,

COMMODITIES, SOURCE APPROVAL REQUEST (SAR) BROCHURE SPARES

TO ASSIST IN THE DETERMINATION OF SOURCE APPROVAL, THE OFFEROR MAY BE

REQUIRED TO SUBMIT TO A SURVEY PRIOR TO AWARD IN WHICH NAWC LAKEHURST

MAY PARTICIPATE.

IN ADDITION, THE OFFEROR MUST PROVIDE THE FOLLOWING INFORMATION, WHICH

MAY BE CONSIDERED IN DETERMINING WHETHER THE OFFEROR IS AN APPROVED

SOURCE:

(1) A SOURCE APPROVAL LETTER FROM NAVICP'S ENGINEERING AND PRODUCT

SUPPORT DIRECTORATE; OR;

(2) OTHER EVIDENCE INDICATING THAT THE OFFEROR MEETS THE SOURCE APPROVAL

CRITERIA.

ALL REQUESTS FOR WAIVERS OR DEVIATIONS CLASSIFIED AS CRITICAL, MAJOR, OR

MINOR MUST BE FORWARDED TO THE DSC CONTRACTING OFFICER FOR REVIEW AND

APPROVAL.

ALL ITEMS OF SUPPLY SHALL BE MARKED IAW MIL-STD-129. IN ADDITION, EACH

UNIT PACK WILL BE MARKED WITH LOT AND SERIAL NUMBER (IF AVAILABLE),

CONTRACTOR'S CAGE CODE, ACTUAL MANUFACTURER'S CAGE CODE AND PART NUMBER.

(February 2016)

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.

NOTE: THIS IS A RESTRICTED SOURCE ITEM AND

REQUIRES ENGINEERING SOURCE APPROVAL BY THE

GOVERNMENT DESIGN CONTROL ACTIVITY.

The Government Procuring Activity has determined that Surplus is not Acceptable for this NSN.

(End of TQ Requirement)

MERCURY OR MERCURY CONTAINING COMPOUNDS SHALL

NOT BE INTENTIONALLY ADDED TO<(>,<)> OR COME IN DIRECT

CONTACT WITH<(>,<)> ANY HARDWARE OR SUPPLIES FURNISHED

UNDER THIS CONTRACT. EXCEPTION: FUNCTIONAL MERCURY

USED IN BATTERIES, FLUORESCENT LIGHTS, REQUIRED

INSTRUMENTS; SENSORS OR CONTROLS; WEAPON SYSTEMS;

AND CHEMICAL ANALYSIS REAGENTS SPECIFIED BY NAVSEA.

PORTABLE FLUORESCENT LAMPS AND PORTABLE INSTRUMENTS

CONTAINING MERCURY SHALL BE SHOCK PROOF AND CONTAIN

A SECOND BOUNDARY OF CONTAINMENT OF THE MERCURY OR

MERCURY COMPOUND. (IAW NAVSEA 5100-003D).

THIS ITEM HAS TECHNICAL DATA SOME OR ALL OF WHICH IS SUBJECT TO

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 36 PAGES

CONTINUED ON NEXT PAGE

SECTION B

SUPPLY/SERVICE: 3040-01-353-8348 CONT'D

EXPORT-CONTROL REGULATIONS. DISTRIBUTION OF THE TECHNICAL DATA AND

ELIGIBILITY FOR AWARD ARE LIMITED TO THOSE SUPPLIERS QUALIFIED THROUGH

JCP CERTIFICATION, OR TO THOSE LICENSED BY EITHER THE DEPARTMENTS OF

STATE OR COMMERCE; OR TO FOREIGN SUPPLIERS PURSUANT TO INTERNATIONAL

AGREEMENTS.

TO APPLY FOR JCP CERTIFICATION, COMPLETE DD FORM 2345, MILITARY CRITICAL

TECHNICAL DATA AGREEMENT, FORM IS AVAILABLE AT THE WORLD WIDE WEB

ADDRESS:

https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/defaul t.aspx

OR BY WRITING TO:

DLA LOGISTICS INFORMATION SERVICE

FEDERAL CENTER

74 WASHINGTON AVE., NORTH

BATTLE CREEK, MI 49037-3084

TO MANUFACTURE THIS ITEM, NON-JCP CERTIFIED SUPPLIERS MUST SUBMIT A

CURRENT MANUFACTURING LICENSE AGREEMENT, TECHNICAL ASSISTANCE AGREEMENT,

DISTRIBUTION AGREEMENT OR OFF-SHORE PROCUREMENT AGREEMENT APPROVED BY

THE DIRECTORATE OF DEFENSE TRADE CONTROLS WITH THE OFFER, UNLESS AN

EXEMPTION UNDER THE PROVISIONS OF ITAR SECTION, 125.4 EXEMPTIONS OF

GENERAL APPLICABILITY, AND/OR EAR PART 740 ARE APPLICABLE.

NON-JCP CERTIFIED SUPPLIERS SEEKING EXPORT CONTROLLED TECHNICAL DATA ARE

REQUIRED TO PROVIDE THE CONTRACTING OFFICER WITH AN APPLICABLE AGREEMENT

OR IDENTIFY WHICH ITAR/EAR EXEMPTION APPLIES TO RECEIVE A COPY OF THE

EXPORT CONTROLLED TECHNICAL DATA.

NOTE: JCP CERTIFIED CONTRACTORS WHO RECEIVE TECHNICAL DATA PURSUANT TO

THEIR DD FORM 2345 CERTIFICATION MAY NOT FURTHER DISSEMINATE SUCH DATA

UNLESS FURTHER DISSEMINATION OF THE TECHNICAL DATA IS EXPRESSLY

PERMITTED BY DODD 5230.25.

JCP applies to all manufactures, dealers, distributors, or suppliers

THIS MATERIAL MUST MEET NAVAIR AIRCRAFT LAUNCH &

RECOVERY EQUIPMENT TRACEABILITY REQUIREMENTS. BARE

ITEM MARKINGS SHALL BE IAW THE TECHNICAL DATA

DRAWINGS PROVIDED.

BARE ITEM MATERIAL SHALL BE MARKED WITH CONTRACT

NUMBER, NAWC CAGE, AND PART NUMBER UNLESS OTHERWISE

SPECIFICIED ON ASSOCIATED DRAWING. IF A CONFLICT

EXISTS WITH MARKING REQUIREMENTS OF THIS 82N ALRE/SE

ITEM, THE ASSOCIATED DRAWING REQUIREMENTS SHALL APPLY.

CRITICAL APPLICATION ITEM

MICRO STEEL INC. 0T9A2 P/N 622219-1

Precision Custom Components, LLC 1P555 P/N 622219-1 Entwistle Company, The 20722 P/N 622219-1 Wellman Dynamics Machining and 6JRD9 P/N 622219-1

IAW REFERENCE DRAWING NR 80020 622219

REVISION NR H DTD 03/19/2015

PART PIECE NUMBER: 622219-1

IAW REFERENCE DRAWING NR 16236 CN013538348

REVISION NR A DTD 03/06/2017

PART PIECE NUMBER:

IAW REFERENCE QAP 16236 SQAP013538348GFAT

REVISION NR DTD 03/06/2017

PART PIECE NUMBER:

IAW REFERENCE QAP 16236 SQAP013538348QA

REVISION NR A DTD 03/06/2017

PART PIECE NUMBER:

IAW REFERENCE QAP 16236 CDRL-17-12009

REVISION NR DTD 03/06/2017

PART PIECE NUMBER:

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 36 PAGES

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SECTION B

SUPPLY/SERVICE: 3040-01-353-8348 CONT'D

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 3040-01-353-8348 15.000 EA $ ________________ $ ________________

SHAFT,STRAIGHT

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: DESTINATION DELIVERY DATE: 300 DAYS ADO

PREP FOR DELIVERY:

PKGING DATA - MIL-STD-2073-1D, 15 DEC 1999

QUP:001 PRES MTHD:20 CLNG/DRY:1 PRESV MAT:49

WRAP MAT:GC CUSH/DUNN MAT:GA CUSH/DUNN THKNESS:M

UNIT CONT:FM OPI:O

PACK CODE:U

MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.

SPECIAL MARKING CODE:ZZ -ZZ Special Requirements

PALLETIZATION SHALL BE IN ACCORDANCE WITH MD00100452 REV B DATED JULY 01, 2008

EACH UNIT PACKAGE WILL BE MARKED WITH THE NSN,

CONTRACT NUMBER, LOT NUMBER, CONTRACTOR CAGE

CODE, MANUFACTURER CAGE CODE, AND PART NUMBER.

PARCEL POST ADDRESS:

W25G1U

W1A8 DLA DISTRIBUTION

DDSP NEW CUMBERLAND FACILITY

2001 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND PA 17070-5002

FOR TRANSPORTATION ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT) AWARDS SEE DLAD

52.247-9059 AND

CONTRACT INSTRUCTIONS INSTEAD.

FREIGHT SHIPPING ADDRESS:

W25G1U

W1A8 DLA DISTRIBUTION

DDSP NEW CUMBERLAND FACILITY

2001 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND PA 17070-5002

Government First Article Test Government First Article Test – The number of units shown signifies the test requirement. See FAR clause 52.209-4 for the actual quantity required to be tested.

0002 0001 - S00000052 1.000 EA $ ________________ $ ________________

FOB: DELIVERY DATE: 150 DAYS ADO

PREP FOR DELIVERY:

Not Applicable

Miscellaneous

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SECTION B

SUPPLY/SERVICE: 0001-S00000046 CONT'D

0003 0001 - S00000046 1.000 EA $ ________________ $ ________________

ACCEPTANCE POINT: ORIGIN

FOB: DESTINATION DELIVERY DATE: 300 DAYS ADO

Miscellaneous

0004 0001 - S00000046 1.000 EA $ ________________ $ ________________

ACCEPTANCE POINT: ORIGIN

FOB: DESTINATION DELIVERY DATE: 300 DAYS ADO

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0072283171 0001 N/A N/A N/A 09/12/2020

0002 N/A N/A N/A N/A N/A N/A

0003 N/A N/A N/A N/A 9999 N/A

0004 N/A N/A N/A N/A 9999 N/A

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 36 PAGES

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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.

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

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

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

C01 SUPERSEDED PART NUMBERED ITEMS (SEP 2016)

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

MATERIALS OR COMPONENTS (DEC 2016)

SECTION D - PACKAGING AND MARKING

252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (JUN 2016) DFARS

As prescribed in 211.275-3, use the following clause:

(a) Definitions. As used in this clause --

“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.

“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:

(1) Sand.

(2) Gravel.

(3) Bulk liquids (water, chemicals, or petroleum products).

(4) Ready-mix concrete or similar construction materials.

(5) Coal or combustibles such as firewood.

(6) Agricultural products such as seeds, grains, or animal feed.

“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.

“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means.

The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its content.

“EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards file:///C:/Users/RJ30041/AppData/Local/Temp/Temp2_dfars_html%20(1).zip/dfars_html/211_2.htm

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for the adoption of passive RFID technology.

“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.

“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.

“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal™ Class 1 Generation 2 standard.

“Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/ interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.

“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).

(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that --

(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:

(A) Subclass of Class I - Packaged operational rations.

(B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.

(D) Class IV - Construction and barrier materials.

(E) Class VI - Personal demand items (non-military sales items).

(F) Subclass of Class VIII - Medical materials (excluding pharmaceuticals, biologicals, and reagents - suppliers should limit the mixing of excluded and non-excluded materials).

(G) Class IX - Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and

(ii) Are being shipped to one of the locations listed at http://www.acq.osd.mil/log/sci/RFID_ship-to_locations.html or to --

(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to --

(B) The following location(s) deemed necessary by the requiring activity:

Contract Line, Subline, or Exhibit Line Item Number Location Name City State DoDAAC

(2) The following are excluded from the requirements of paragraph (b)(1) of this clause:

(i) Shipments of bulk commodities.

(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.

(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID http://www.acq.osd.mil/log/sci/RFID_ship-to_locations.html

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tags and conforms to the requirements in paragraph (d) of this clause;

(2) Use passive tags that are readable; and

(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.

(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.epcglobalinc.org/standards/.

(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.

(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.

(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1).

(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.

(End of clause)

SECTION E - INSPECTION AND ACCEPTANCE

E02 SUPPLEMENTAL FIRST ARTICLE EXHIBIT DISPOSITION – GOVERNMENT MAINTAINED (SEP 2016)

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) FAR

As prescribed in 46.311, insert the following clause:

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

Title Number Date Tailoring

[Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced metrology.

(End of Clause)

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

E05 PRODUCT VERIFICATION TESTING (SEP 2016)

(1) When PVT is invoked, the QAR will notify the contractor that testing will be performed. The product verification testing (PVT) will be http://www.epcglobalinc.org/standards/ http://www.acq.osd.mil/log/sci/ait.html file:///C:/Users/RJ30041/AppData/Local/Temp/Temp2_dfars_html%20(1).zip/dfars_html/252232.htm https://wawf.eb.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/46.htm

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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.

(2) The QAR will select a random sample from the contractor's production lot. Selected PVT samples are to be shipped by the contractor at Government expense with a copy of the Department of Defense DD

Form 250 and a DD Form 1222. The packaging will be marked “Product Verification Test Samples, Contract Number Lot/Item Number ."

(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. These samples will be considered part of the contract quantity. 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 ORIGIN (SEP 2016)

The contractor shall indicate the location where supplies will be inspected:

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:

( ) Same as for supplies OR CAGE code:

Address:

Applicable to CLIN(s):

SECTION F - DELIVERIES OR PERFORMANCE

52.211-8 TIME OF DELIVERY (JUN 1997) FAR

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER

DATE OF CONTRACT

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

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OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER

DATE OF CONTRACT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

52.247-48 F.O.B. DESTINATION - EVIDENCE OF SHIPMENT (FEB 1999) FAR

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H03 SUPPLEMENTAL FIRST ARTICLE TESTING REQUIREMENTS (SEP 2016)

H04 SOURCING FOR CRITICAL SAFETY ITEMS (SEP 2016)

SECTION I - CONTRACT CLAUSES

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

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

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

FAR

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (OCT 2016) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (NOV 2016) DFARS

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FAR

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

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SECTION I - CONTRACT CLAUSES (CONTINUED)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR

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

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

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) FAR

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

(a) Definitions. As used in this provision -

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

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

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

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

Predecessor CAGE code:

Predecessor legal name:

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

(End of provision)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013) DFARS

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016) DFARS

(a) Definitions. As used in this clause -

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

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if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered defense information” means unclassified information that -

(1) Is -

(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(2) Falls in any of the following categories:

(i) Controlled technical information.

(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications;

and sensitive nuclear technology information.

(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party's reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government's activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to -

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government's activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS

(a) Definitions. As used in this clause-

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm

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information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that -

(i) Is --

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract;

and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner…

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