Pallet_Final_Sol.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

1000053390 59

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

SPE8EF-17-R-0002

a. NAME b. TELEPHONE NUMBER (No collect calls)

Aria Gessner 215-737-7252

04/20/2017

8. OFFER DUE DATE/

LOCAL TIME

05/22/2017

4:30 PM EST

9. ISSUED BY CODE SPE8EF 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100% FOR:

DLA TROOP SUPPORT SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

CONSTRUCTION & EQUIPMENT (SUPPLY CHAIN)

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111-5096

aria.gessner@dla.mil

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8 (A)

NAICS:

322211

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

NET 30

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

To Be Shown On Each Order

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO

TO BE SHOWN ON EACH ORDER

CODE 16. ADMINISTERED BY CODE

DLA TROOP SUPPORT, 700 ROBBINS AVENUE

PHILADELPHIA, PA 19111-5096

SPE8EF

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

DFAS BVD (SL4701)

P.O. BOX 369031

COLUMBUS, OH 43236-9031

SL4701

TELEPHONE NO.

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

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

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1 3990-00-935-7960 EA

2 3990-00-599-5326 EA

3 3990-01-041-8803 EA

4 3990-00-141-7261 EA

REF. BLOCK 21: SEE PAGE 6

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

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

TO BE SHOWN ON EACH ORDER

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) mailto:aria.gessner@dla.mil

SOLICITATION NO. SPE8EF17R0002

PALLETS, MATERIAL HANDLING

Table of Contents Page Continuation of Blocks from the Standard Form 1449 4 Block 8, Offer Due Date/Local Time 4 Block 9, Issued By 4 Block 17a, Contractor/Offeror 4 Block 17b, Remittance Address 4 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 5

Caution Notices Contractor Code of Business Ethics 10

Contract Clauses 52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF

1449, Block 27a)

Addendum to 52.212-4 11 Administrative Costs of Reprocurement after Termination for Cause 11 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items

Addendum Containing Supplementary Clauses in Full Text and by Reference 17 52.211-16 Variation in Quantity 17 Time of Delivery 17 52.216-

Economic Price Adjustment – Department of Labor Index 19

52.216-18 Ordering 21 52.216-19 Order Limitations 22 52.216-22 Indefinite Quantity 22 52.216-

Addition/Deletion of Items 22

52.252-2 Clauses Incorporated by Reference 23 Statement of Work 24

Solicitation Provisions 52.212-1 Instructions to Offerors—Commercial Items, (by reference, see SF 1449, Block 27a)

Addendum to 52.212-1 26 Source Evaluation and Selection Procedures 27 52.212-2 Evaluation—Commercial Items 30 52.212-3 Offeror Representations and Certifications—Commercial Items, Alternate I 33 Attachment to 52.212-3(f) 51 252.247-

Representation of Extent of Transportation by Sea 52

Addendum Containing Supplementary Provisions in Full Text and by Reference 51 52.216-1 Type of Contract 52 52.233-

Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 52

52.252-1 Solicitation Provisions Incorporated by Reference 53 Procurement Notes C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources and Obsolete Materials or Components

C03 Contractor Retention of Supply Chain Traceability Documentation 53 C06 Surge and Sustainment (S&S) Requirements 54 L02 Electronic Order Transmission 55 L06 Agency Protests 55 L09 Reverse Auction 55 Additional Clauses as Applicable 57

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: May 22, 2017 4:30 PM EST

2. Block 9 › Address and Submit “mailed” offers to:

Defense Logistics Agency Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667 Solicitation Number: SPE8EF-17-R-0002 Closing Date and Time: May 22, 2017 4:30 PM EST

› Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

Defense Logistics Agency Troop Support Business Opportunities Office Bldg. 36, 2nd Floor, Room 2035 700 Robbins Avenue Philadelphia, PA 19111-5092 Solicitation Number: SPE8EF-17-R-0002 Closing Date and Time: May 22, 2017 4:30 PM EST

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

2. Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

› Facsimile offers are NOT authorized for receipt of initial proposals. However, in the event of solicitation amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via fax at the Contracting Officer’s discretion.

› Email offers are NOT authorized for receipt of initial proposals. However, in the event of solicitation amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via email at the Contracting Officer’s discretion.

3. Block 17a › Offeror’s assigned Unique Entity Identifier Number:_______________

(If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

5. Blocks 19-22 The intent of this solicitation is to issue an Indefinite Delivery, Indefinite Quantity (IDIQ) type Long-Term Contract (LTC) for Pallets, Material Handling. Pallets to be furnished shall be new wood pallets, which fall under Federal Stock Class 3990. Items to be ordered under this contract are to be submitted in accordance with the section titled “Statement of Work (SOW)” of this Solicitation. Annual Estimates are based on sales to the itemized Ordering Activities.

Ordering Activities: The depots to be implemented shall include:

Depot Location

DDCT Corpus Christi, TX DDHU Hill AFB, UT DDOO Oklahoma City, OK DDPH Pearl Harbor, HI DDRT Red River, TX DDJC San Joaquin, CA DDPW Puget Sound, WA DDAA Anniston, AL DDCN Cherry Point, NC DDJF Jacksonville, FL DDNV Norfolk, VA DDSP New Cumberland, PA DDTP Tobyhanna, PA DDAG Albany, GA DDWG Robins AFB, GA DDDE Gemersheim, Germany

The following information is provided for pricing purposes and represents previous year usage. Annual estimates based on historical data and sales to DDC ordering activities in the U.S. region and in Gemersheim, Germany are reflected in the table on Page 6. Offerors are instructed to submit prices in the spaces provided for the applicable NSN and Depot. Prices are to be submitted on an FOB Destination basis.

A Lowest Priced Technically Acceptable (LPTA) award decision will be made for each of the 16 CLINs/depots. Accordingly, this Solicitation may result in as few as one or as many as 16 separate contracts. To be considered for award on a particular CLIN/depot, the offeror must submit prices for all four NSNs for that CLIN/depot.

Purchase Item Descriptions are provided in the Statement of Work (SOW).

All offerors are required to insert their applicable truckload quantities for each NSN and depot on Page 7 of this Solicitation. Truckload size shall be in accordance with standard commercial practice and applicable transportation regulations. This will be utilized for ordering purposes, in accordance with FAR 52.216-19.

SCHEDULE OF SUPPLIES/SERVICES:

NOTE: REFER TO DEPOT LIST ON PAGE 5 FOR DEPOT LOCATION AND CORRESPONDING

ACRONYNMS.

NOTE: THE UNIT OF ISSUE FOR ALL ANNUAL ESTIMATED QUANTITIES (AEQ) IS “EACH”.

CLIN DEPOT NSN AEQ PRICE CLIN DEPOT NSN AEQ PRICE

0001 DDCT 3990-00-935-7960 3,000 0009 DDCN 3990-00-935-7960 600

0001 DDCT 3990-00-599-5326 600 0009 DDCN 3990-00-599-5326 600

0001 DDCT 3990-01-041-8803 3,000 0009 DDCN 3990-01-041-8803 600

0001 DDCT 3990-00-141-7261 600 0009 DDCN 3990-00-141-7261 600

0002 DDHU 3990-00-935-7960 1,800 0010 DDJF 3990-00-935-7960 1,800

0002 DDHU 3990-00-599-5326 600 0010 DDJF 3990-00-599-5326 600

0002 DDHU 3990-01-041-8803 600 0010 DDJF 3990-01-041-8803 600

0002 DDHU 3990-00-141-7261 600 0010 DDJF 3990-00-141-7261 600

0003 DDOO 3990-00-935-7960 1,800 0011 DDNV 3990-00-935-7960 1,200

0003 DDOO 3990-00-599-5326 600 0011 DDNV 3990-00-599-5326 600

0003 DDOO 3990-01-041-8803 600 0011 DDNV 3990-01-041-8803 20,000

0003 DDOO 3990-00-141-7261 600 0011 DDNV 3990-00-141-7261 600

0004 DDPH 3990-00-935-7960 600 0012 DDSP 3990-00-935-7960 250,000

0004 DDPH 3990-00-599-5326 600 0012 DDSP 3990-00-599-5326 1,200

0004 DDPH 3990-01-041-8803 600 0012 DDSP 3990-01-041-8803 10,000

0004 DDPH 3990-00-141-7261 600 0012 DDSP 3990-00-141-7261 1,200

0005 DDRT 3990-00-935-7960 600 0013 DDTP 3990-00-935-7960 1,200

0005 DDRT 3990-00-599-5326 600 0013 DDTP 3990-00-599-5326 600

0005 DDRT 3990-01-041-8803 57,600 0013 DDTP 3990-01-041-8803 600

0005 DDRT 3990-00-141-7261 600 0013 DDTP 3990-00-141-7261 600

0006 DDJC 3990-00-935-7960 200,000 0014 DDAG 3990-00-935-7960 1,800

0006 DDJC 3990-00-599-5326 1,200 0014 DDAG 3990-00-599-5326 600

0006 DDJC 3990-01-041-8803 10,000 0014 DDAG 3990-01-041-8803 600

0006 DDJC 3990-00-141-7261 1,200 0014 DDAG 3990-00-141-7261 600

0007 DDPW 3990-00-935-7960 3,000 0015 DDWG 3990-00-935-7960 3,000

0007 DDPW 3990-00-599-5326 600 0015 DDWG 3990-00-599-5326 600

0007 DDPW 3990-01-041-8803 600 0015 DDWG 3990-01-041-8803 600

0007 DDPW 3990-00-141-7261 600 0015 DDWG 3990-00-141-7261 600

0008 DDAA 3990-00-935-7960 12,000 0016 DDDE 3990-00-935-7960 6000

0008 DDAA 3990-00-599-5326 1,200 0016 DDDE 3990-00-599-5326 600

0008 DDAA 3990-01-041-8803 1,200 0016 DDDE 3990-01-041-8803 600

0008 DDAA 3990-00-141-7261 1,200 0016 DDDE 3990-00-141-7261 600

SCHEDULE OF SUPPLIES/SERVICES CONT’D:

NOTE: REFER TO DEPOT LIST ON PAGE 5 FOR DEPOT LOCATION AND CORRESPONDING

ACRONYNMS.

CLIN DEPOT NSN

Truckload Quantity CLIN DEPOT NSN

Truckload Quantity

0001 DDCT 3990-00-935-7960 0009 DDCN 3990-00-935-7960

0001 DDCT 3990-00-599-5326 0009 DDCN 3990-00-599-5326

0001 DDCT 3990-01-041-8803 0009 DDCN 3990-01-041-8803

0001 DDCT 3990-00-141-7261 0009 DDCN 3990-00-141-7261

0002 DDHU 3990-00-935-7960 0010 DDJF 3990-00-935-7960

0002 DDHU 3990-00-599-5326 0010 DDJF 3990-00-599-5326

0002 DDHU 3990-01-041-8803 0010 DDJF 3990-01-041-8803

0002 DDHU 3990-00-141-7261 0010 DDJF 3990-00-141-7261

0003 DDOO 3990-00-935-7960 0011 DDNV 3990-00-935-7960

0003 DDOO 3990-00-599-5326 0011 DDNV 3990-00-599-5326

0003 DDOO 3990-01-041-8803 0011 DDNV 3990-01-041-8803

0003 DDOO 3990-00-141-7261 0011 DDNV 3990-00-141-7261

0004 DDPH 3990-00-935-7960 0012 DDSP 3990-00-935-7960

0004 DDPH 3990-00-599-5326 0012 DDSP 3990-00-599-5326

0004 DDPH 3990-01-041-8803 0012 DDSP 3990-01-041-8803

0004 DDPH 3990-00-141-7261 0012 DDSP 3990-00-141-7261

0005 DDRT 3990-00-935-7960 0013 DDTP 3990-00-935-7960

0005 DDRT 3990-00-599-5326 0013 DDTP 3990-00-599-5326

0005 DDRT 3990-01-041-8803 0013 DDTP 3990-01-041-8803

0005 DDRT 3990-00-141-7261 0013 DDTP 3990-00-141-7261

0006 DDJC 3990-00-935-7960 0014 DDAG 3990-00-935-7960

0006 DDJC 3990-00-599-5326 0014 DDAG 3990-00-599-5326

0006 DDJC 3990-01-041-8803 0014 DDAG 3990-01-041-8803

0006 DDJC 3990-00-141-7261 0014 DDAG 3990-00-141-7261

0007 DDPW 3990-00-935-7960 0015 DDWG 3990-00-935-7960

0007 DDPW 3990-00-599-5326 0015 DDWG 3990-00-599-5326

0007 DDPW 3990-01-041-8803 0015 DDWG 3990-01-041-8803

0007 DDPW 3990-00-141-7261 0015 DDWG 3990-00-141-7261

0008 DDAA 3990-00-935-7960 0016 DDDE 3990-00-935-7960

0008 DDAA 3990-00-599-5326 0016 DDDE 3990-00-599-5326

0008 DDAA 3990-01-041-8803 0016 DDDE 3990-01-041-8803

0008 DDAA 3990-00-141-7261 0016 DDDE 3990-00-141-7261

CAUTION NOTICE:

Although the specific details of the following information are included within, the following list of items is intended to summarize key aspects of this solicitation and resulting contract. Please take notice and comply.

1. This procurement is being solicited as a Small Business Set-Aside. A Lowest Price Technically

Acceptable award decision will be made for each of the 16 CLINs/Depots. Accordingly, this solicitation may result in as few as one or as many as 16 separate contracts. To be considered for award on a particular CLIN/Depot, the offeror must submit prices for all four NSNs for that CLIN/Depot. Award will be made for each CLIN/Depot to the offeror whose proposal is determined to be the Lowest Price Technically Acceptable (LPTA) proposal for that CLIN/Depot.

2. The overall offered price for each CLIN/Depot will be calculated by multiplying the annual estimated quantity (AEQ) by the offered unit price for each of the four NSNs, then adding those four figures. The resultant award will be a Fixed Price with EPA Contract.

3. This Solicitation is being issued with the intention of awarding an Indefinite Quantity Contract (IQC).

The resultant contract will have a two-year base period with three, one-year option periods. The Government’s guaranteed contract minimum will be $7044.00 multiplied by two – for the two-year base period – multiplied by the number of depots for which a vendor receives an award. This will be a total amount, not a separate guaranteed minimum for each depot.

For each option year, thereafter, the guaranteed minimum will be $7044.00 multiplied by the number of depots awarded.

4. The annual estimated quantity(s) (AEQ) per year are listed per depot in the Schedule of Supplies/Services Section located on Page 6 of this solicitation.

NOTE: These are estimates only.

5. Based on stock levels present at the depot, the Contracting Officer may arrange for a longer delivery period than required in the solicitation. Partial deliveries are authorized, unless specified otherwise on individual delivery orders. Required delivery is 30 days ADO for DLA Direct (Stock) and 7 days ADO for Customer Direct. All urgent/emergency orders shall be delivered to the activity’s receiving location within 2 business days following placement of order (with the exception of DDDE Gemersheim, Germany) Contractor will be notified when an order is determined to be an emergency order.

6. Individual delivery orders will be placed in multiples of an entire truckload. Each truckload shall consist of a single NSN. The NSNs referenced in the solicitation shall be priced on an FOB Destination basis in accordance with the delivery provisions set forth in the solicitation.

NOTES:

a. In reference to FOB Destination shipments to DDDE in Gemersheim, Germany: Offerors must complete the representation contained in DFARS 252.247-7022, Representation of Extent of Transportation by Sea referenced in the solicitation. DFARS 252.247-7023, Transportation of Supplies by Sea is referenced in the solicitation and will also be included in all contracts resulting from this solicitation.

b. The Government desires an FOB Destination price for delivery to the depots in Gemersheim, Germany (DDDE) and Pearl Harbor, Hawaii (DDPH). Delivery requirements remain the same at 30 days for DLA Direct (stock) and 7 days ADO for Customer Direct. In addition, the vendor will be responsible for all customs and duties, complying with all local, country and European Union regulations, and complying with regulation regarding use of U.S. Flag Vessels, the Buy American Act, Berry Amendment Act, Trade Agreements Act, or any other regulations regarding foreign material in the Solicitation.

c. In reference to FOB Destination shipments to DDNV in Norfolk, VA: The offeror selected for award for DDNV shall agree to ship to destinations in and around Norfolk, such as the depot in Richmond, VA, and Defense Mapping in Fairfax, VA at the same unit price awarded for DDNV.

d. If a vendor is unable to meet delivery or any other requirements listed above, it should submit its’ best offer in terms of price and delivery. The Government reserves the right to not make an award for these depots if a satisfactory offer is not received.

7. The offeror shall provide Place of Manufacturer/Performance with their offer. If a dealer, this documentation shall include the Name and Address of the Actual Manufacturer and Place of Performance. The Manufacturer shall certify in writing that the offeror is the Manufacturer’s representative. The Manufacturer shall provide assurance in the certification to the offeror a guaranteed, uninterrupted source of supply sufficient to satisfy the Government’s requirements for the contract period. The offeror shall submit this certification along with their proposal. Failure to provide the guarantees mentioned above will result in your elimination from consideration for award. The eventual awardee shall require Contracting Officer approval if, at any time during contract performance, a change in place of performance is anticipated.

8. Offerors should be aware of the United Nations/International Plant Protection Organization (UN/IPPO) phytosanitary guidelines for Solid Wood Packing Material (SWPM). All pallets and crates will need to be certified as invasive species free in accordance with an American Lumber Standards Committee (ALSC accredited agency).

9. The offeror shall ensure all applicable clauses and certifications are completed in full.

10. Options will be evaluated, in accordance with FAR 52.217-5. The Government will evaluate offerors for award purposes by adding the total price for all options to the total price for the basic requirement.

Offerors shall not propose Unit Prices for the option years which differ from the prices proposed for the base contract period. As the prospective contract shall include Economic Price Adjustment (EPA) clauses for the Unit Price, which shall adjust pricing during the base period and any option years, offerors shall not include in their offered prices additional contingencies for increases in costs. The Government will use the Unit Price submitted for the base period as the option year prices. Evaluation of options will not obligate the Government to exercise the option(s).

11. Surge/Sustainment Plan: This acquisition includes clauses pertaining to a Surge/Sustainment Plan. The surge option requirement is found in the addendum to FAR 52.212-4. Instructions for submission of the Surge/Sustainment Plan are found in the addendum to FAR 52.212-1. Information about the evaluation of the Surge/Sustainment Plan is found in FAR 52.212-2.

PALLETS, MATERIAL HANDLING

NOTE: A Surge and Sustainment Plan/Capability Assessment Plan is not required for this Acquisition at this time. Although Surge and Sustainment Plan clauses are contained in this solicitation, offerors are not required to submit a Surge and Sustainment Plan. In the event that items become subject to Surge after an award is made, the offeror and/or awardees may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan.

12. Prior to award, the contracting officer will make a determination of responsibility regarding the proposed awardee in accordance with FAR Part 9.104.1.

13. Invoicing, Receipt, Acceptance and Property Transfer (iRAPT), formerly Wide Area Work Flow (WAWF): For purposes of receiving payment for material shipments (orders) the accepted electronic form for submission of payment requests and receiving reports is iRAPT. The contractor shall submit payment requests and receiving reports using iRAPT, in one of the following electronic formats that iRAPT accepts:

Electronic Data Interchange, Secure File Transfer Protocol, Interactive Web Application or Mobile Device.

iRAPT is available on the Internet at https://wawf.eb.mil/). In addition, iRAPT guidance and assistance is available from our DLA TROOP SUPPORT iRAPT team personnel via email inquiry:

dscpwawfteam@dla.mil.

CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C.

3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729- 3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

End of Caution Notice mailto:dscpwawfteam@dla.mil

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017) is incorporated in this solicitation by reference. The full text can be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-4:

The following paragraph of 52.212-4 is amended as indicated below:

Paragraph (t), System for Award Management.

The following paragraph is added to FAR 52.212-4 (t) System for Award Management:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes.

“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 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.

“Unique Entity Identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

“Registered in the System for Award Management database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Contractor and Government Entity (CAGE) code, as well as date required by the Federal Funding Accountability and Transparency Act of 2006, into the SAM database;

(2) The Offeror has completed the Core Data, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Offeror will be required to provide consent for TIN validation to the Government as part of the SAM registration process.

(4) The Government has marked the record “Active”.

ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER TERMINATION FOR CAUSE

(APRIL 2011):

If this contract is terminated in whole or part for cause pursuant to Paragraph (m) of the clause included in this contract entitled “Contract Terms and Conditions - Commercial Items”, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and Government expressly agree that in addition to any excess costs of repurchase, or any other damages resulting from the Contractor’s default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. The assessment of damages for administrative costs shall apply for any termination for cause for which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred https://www.acquisition.gov/far/index.html http://www.sam.gov/ and/or assessed.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

_X_ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

Addendum

The following additional clauses are set forth in full text:

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

__ 05___ percent increase* ___00___ percent decrease*

*The above permissible variation is applicable to DLA DIRECT (STOCK) DELIVERY ORDERS.

For CUSTOMER DIRECT DELIVERY ORDERS the permissible variation is as follows:

__ 00___ percent increase ___00___ percent decrease

TIME OF DELIVERY

(a) Material ordered for DLA Direct under the terms of this contract shall be delivered on an FOB Destination basis within 30 days after the date of the order. Notwithstanding any other provisions/clauses of this contract, no deliveries shall be made prior to the issuance of individual delivery order(s) (DD Form 1155).

(b) Subject to the Maximum Order Limitation set forth in clause 52.216-19, supplies ordered for Customer Direct deliveries under the terms of this contract shall be made on an FOB Destination basis within the required delivery date (RDD) specified in individual delivery order(s). Consideration must be given to the time required for transporting supplies from the point of origin to destination. In the event that a RDD is not cited in a delivery order, the RDD will be within 7 days from the date of the order.

However, with respect to any item, if an individual order exceeds a quantity which is equal to 100% of the Government’s Annual Estimated Quantity (AEQ) for the current contract year as defined in clause 52.216-19 or, when more than one delivery order is placed against the contract within 30 days of any prior delivery order and the aggregate quantity of the orders exceeds a quantity which is equal to 100% of the AEQ for the current contract year, and, in either case, the Contractor temporarily cannot meet the customer oriented delivery schedule, the following shall apply:

(1) Within five working days of the date of the order, the Contractor shall notify the Contracting Officer that it temporarily cannot meet the customer’s delivery schedule and provide a list of all affected orders. Affected orders include previous orders for items that might be impacted by the order or orders for large quantities as described in paragraph (a) above. The Contractor shall include in this notification the following information for each order:

(i) Delivery order number,

(ii) Affected quantity,

(iii) NSN,

(iv) Quantity on hand of finished products,

(v) Quantity in production, if the Contractor is a manufacturer, with scheduled completion date(s),

(vi) And/or the quantity due in, if the Contractor is not a manufacturer, with scheduled receipt date(s)

(2) Upon notification, the Contracting Officer will prioritize the list of orders for purposes of determining the order of delivery for any quantities which remain in the contractor’s stock or become available prior to complete recovery as described in subparagraph (3) below. Following notification and until such time as the Contractor has satisfied the Contracting Officer that it is able to meet the customer’s delivery schedule, the Government reserves the right to order items from other sources and/or cancel any affected orders, and obtain the supplies outside this contract.

(3) A revised delivery schedule will be incorporated into a modification for all affected orders not cancelled pursuant to subparagraph (2) above, or any additional orders issued subsequent to the prioritization.

(c) Stocking-Up Time:

The stocking-up period for purposes of meeting the delivery requirements of this clause is 60 days.

Therefore, delivery under any orders issued between the date of contract and 60 days after date of contract shall be the delivery specified in the order or 60 days after date of contract, whichever is later.

(d) The Contractor shall not make partial delivery of supplies under a delivery order unless instructed to do so, nor shall the Contractor submit an invoice for any partially shipped order.

(e) Notwithstanding the requirements above, where material is identified as urgently required, the contractor shall make delivery within two business days after date of order.

(1) Identification of Urgent Material:

(i) Urgent Material will be identified by an Issue Priority Designated (IPD) code of 01, 02, or 03 in the destination “Mark For” (M/F) data, or whenever the entire delivery order is marked

“URGENT”.

(ii) If the delivery order contains multiple items or destinations, only those items or destinations identified as “Urgent”, as set forth in (e) (1) (i) above will be considered subject to this provision.

(iii) If the Contractor fails to make delivery for Urgent material, as described in (e) (1) above, the Government reserves the right to not place any…