A0001_SF30.doc

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5962 BOAs
Solicitation number
SPM7MX13R0095
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Amendment 1 issued to add/change DNA Marking clauses.

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF

PAGES

2. AMENDMENT/MODIFICATION NO.

A0001

3. EFFECTIVE DATE

May 30, 2013

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

SPM7LX
7. ADMINISTERED BY (If other than Item 6) CODE

DLA LAND AND MARITIME

MARITIME SUPPLY CHAIN

P.O. BOX 3990

COLUMBUS, OH 43218-3990

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
(x)
9A. AMENDMENT OF SOLICITATION NO.
X
SPM7MX-13-R-0095

9B. DATED (SEE ITEM 11)

March 18, 2013

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE
FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FORMCHECKBOX

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers FORMCHECKBOX is extended FORMCHECKBOX is not extended.

Offeror must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15 and returning ____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or ( c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting and Appropriation Data (If required)

CG:

Increase Amount:

Other

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify Authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.). SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, FORMCHECKBOX is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The requirements of the subject solicitation are hereby added or revised as identified on the subsequent pages of

Amendment 0001.

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

PAGE

NAME OF OFFEROR OR CONTRACTOR

Page 2 under A. General Information, fourth paragraph is revised as follows:

From:

An acceptable response to this solicitation will include a signature from an approved company representative on page 1 blocks 16, 17, and 18, responses to the DNA Marking representation in section B of the solicitation and to provision K11C06 - DLAD 52.211-9008 (Special Notice – Compliance with 52.211-9074, Deoxyribonucleic Acid (DNA) Marking Federal Supply Class (FSC) 5962, and 52.209-9028, Qualified Suppliers List of Distributors (QSLD) Federal Supply Classes (FSC) 5961 and 5962 (NOV 2012) DLAD).

To:

An acceptable response to this solicitation will include:

(1) page 1, completion of blocks 15, 16, 17, and 18, to include a signature from an approved company representative;

(2) page 5, applicable responses to the DNA Marking representation in section B; and

(3) page 30, completion of fill-ins for DLAD provision 52.211-9008 (Special Notice – Compliance with 52.211-9074, Deoxyribonucleic Acid (DNA) Marking Federal Supply Class (FSC) 5962 – Trusted Sources (APR 2013). (See this Amendment.)

Reference DLA PROCLTR 2013-46, dated April 18, 2013, the following DLAD clause is hereby added:

DLAD 52.209-9002 QUALIFIED TESTING SUPPLIERS LIST (QTSL) – FEDERAL SUPPLY CLASSES (FSCS) 5961 SEMICONDUCTORS AND HARDWARE DEVICES AND 5962 ELECTRONIC MICROCIRCUITS (APR 2013)

(a) Only offerors who are listed, or qualified for listing (as determined by the contracting officer), on the DLA Land and Maritime Qualified Testing Suppliers List (QTSL) - FSCs 5961 Semiconductors and Hardware Devices and 5962 Electronic Microcircuits, at the time of award, shall be eligible for award based upon QTSL compliance.

(b) Offers from the following sources shall take precedence over offers submitted based upon QTSL compliance:

(1) Offers from approved sources listed in the item description (such as original component manufacturers (OCMs) and original equipment manufacturers (OEMs); or

(2) Offers from sources listed, or are qualified for listing (as determined by the contracting officer), on the applicable qualified products list (QPL) or qualified manufacturers list (QML), if any; or

(3) Offers from authorized distributors of approved or QPL or QML qualified sources (as determined by the contracting officer) (see (1) and (2) above) with adequate traceability (as determined by the contracting officer) to the approved or qualified source; or

(4) Offers from distributors listed, or are qualified for listing (as determined by the contracting officer), on the DLA Land and Maritime Qualified Suppliers List of Distributors (QSLD) for FSCs 5961 and 5962 at the time of award.

(c) QTSL contractors shall offer and supply the product of an approved and qualified source as identified in the item description.

(d) In the event no offers are received on this solicitation from a source listed in paragraph (b) of this clause or from a QTSL offeror, the Government reserves the right to make an award based on offers received and found acceptable by other means of testing or verification, as deemed acceptable by the Government. However, the requirement to comply with DLAD 52.211-9074, Deoxyribonucleic Acid (DNA) Marking – Federal Supply Class (FSC) 5962 Electronic Microcircuits, is still applicable to FSC 5962.

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

PAGE

(e) The Government may terminate the contractor's QTSL status at any time for failure of the contractor to maintain compliance with the DLA Land and Maritime document entitled, “Criteria and Provisions for Qualified Testing Suppliers List.” (See paragraph (h) below of this clause to obtain the document.) Maintaining QTSL status is a contractual requirement; therefore, the Contracting Officer may terminate the contract for default for the contractor’s failure to maintain such status.

(f) As required in the DLA Land & Maritime “Criteria and Provisions for Qualified Testing Suppliers List” (Criteria), the contractor shall provide, at the Government’s direction, the results of the mandatory testing at any time after award, until the record retention period has expired, as referenced in the Criteria and listed in JEDEC Standard JESD 31.

(g) If the solicitation requires inspection and acceptance at destination, the government reserves the right to award with inspection and acceptance at origin, in which case DLAD clause 52.246-9004, Product Verification Testing, will be incorporated into the contract as awarded.

(h) The provisions governing qualification for the QTSL, and the applicable qualification criteria, may be obtained—

(1) From the QTSL general information web page, found at http://www.landandmaritime.dla.mil/offices/sourcing_and_qualification/offices.aspx?Section=QTS;

(2) By sending an email to: landandmaritime.qtsl@dla.mil; or

(3)(i) By writing to the following address when using the United States Postal Service (USPS):

Defense Logistics Agency

(DLA) Land and Maritime

Attention: VQE Chief

Columbus, Ohio 43218-3990

Or

(ii) by writing to the following address when using private carriers, to include United Parcel Service (UPS) or Federal Express (FEDEX):

DLA Land and Maritime

3990 East Broad Street

Columbus, Ohio 43213

Reference DLA PROCLTR 2013-46, dated April 18, 2013, the following DLAD clause is hereby revised:

From:

(Page 17) I09C36 52.209-9028 QUALIFIED SUPPLIERS LIST OF DISTRIBUTORS (QSLD) - FEDERAL SUPPLY CLASSES (FSC) 5961 AND 5962 (NOV 2011) DLAD

To:

DLAD 52.209-9028 - QUALIFIED SUPPLIERS LIST OF DISTRIBUTORS (QSLD) – FEDERAL SUPPLY CLASSES (FSCs) 5961 SEMICONDUCTORS AND HARDWARE DEVICES AND 5962 ELECTRONIC MICROCIRCUITS (APR 2013)

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

PAGE

(a) Only the following shall be eligible for award (except as provided in paragraph (e) of this clause): (1) Offers from approved sources listed in the Item Description (such as Original Component Manufacturers (OCMs) and Original Equipment Manufacturers (OEMs); or

(2) Offers from sources listed or qualified for listing (as determined by the contracting officer) on the applicable Qualified Products List (QPL) or Qualified Manufacturers List (QML) at the time of award; or

(3) Offers from authorized distributors of approved or QPL or QML qualified sources (as determined by the contracting officer) (see (1) and (2) above) with adequate traceability (as determined by the contracting officer) to the approved or qualified source; or

(4) Offers from distributors listed or qualified for listing (as determined by the contracting officer) on the DLA Land and Maritime Qualified Suppliers List of Distributors (QSLD) for FSCs 5961 and 5962 at the time of award.

(b) QSLD contractors must supply the product of a currently approved/qualified source as specified in the solicitation/contract. An offeror’s listing on the QSLD does not abrogate any requirement to provide a QPL or a QML item from a currently approved/qualified source when a QPL or QML requirement is specified.

(c) The Government may terminate the Contractor's QSLD status at any time for failure of the Contractor to maintain compliance with the provisions and qualification criteria governing qualification for the QSLD, and Government officials who have responsibility for establishing and maintaining the QSLD may terminate the qualified status of a contractor on the QSLD for such failure. Maintaining QSLD status is a contractual requirement; therefore, the Contracting Officer may terminate the contract for default for the Contractor’s failure to maintain such status.

(d) At the Contracting Officer’s discretion, the Contracting Officer can request traceability after the date quotes/offers are due.

(e) In the event no offers are received from any of the sources listed in Section (a) of this clause, the Government reserves the right to make an award based on offers received from sources listed or qualified for listing (as determined by the contracting officer) on the Qualified Testing Suppliers List (52.209-9002).

(f) The provisions governing qualification for the QSLD, and the applicable qualification criteria, may be obtained—

(1) From the QSLD general information web page, found at http://www.landandmaritime.dla.mil/offices/sourcing_and_qualification/offices.aspx?Section=QSL ;

(2) By sending an email to landandmaritime.qsld@dla.mil; or

(3)(i) By writing to the following address when using the United States Postal Service (USPS):

Post Office (P.O.) Box 3990

Columbus, Ohio 43218-3990

Or

(ii) by writing to the following address when using private carriers, to include United Parcel Service (UPS) or Federal Express (FEDEX):

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

PAGE

3990 East Broad Street

Columbus, Ohio 43213 Reference DLA PROCLTR 2013—04R, dated April 26, 2013: The following DLAD clause is hereby revised:

From:

(Page 9) D11C22 52.211-9074 DEOXYRIBONUCLEIC ACID (DNA) MARKING - FEDERAL SUPPLY CLASS (FSC) 5962 (NOV 2012) DLAD

To:

DLAD 52.211-9074 DEOXYRIBONUCLEIC ACID (DNA) MARKING- FEDERAL SUPPLY CLASS (FSC) 5962 ELECTRONIC MICROCIRCUITS (APR 2013)

(a) This clause applies to items in FSC 5962, Electronic Microcircuits, when the item description in the contract schedule states that the item requires DNA marking.

(b) The Contractor shall -

(1) Provide items that have been marked with botanically-generated DNA marking material produced by Applied DNA Sciences (ADNAS) or its authorized licensees, if any. The DNA marking material used shall be unique to the Contractor;

(2) Use ADNAS published procedures for controlling and applying the DNA marking material; and,

(3) Ensure all subcontractors used as a third party DNA marker use the ADNAS published procedures for controlling and applying the DNA marking material.

(c) The Contractor shall-

(1) Provide DNA marking traceability documentation demonstrating compliance with this clause upon request by the Government. Failure to provide the requested documentation within the specified timeframe may result in cancellation/termination of the purchase order/award.

(2) Retain for five (5) years after final payment under this contract, the traceability documentation that demonstrates the items provided under this contract have been marked with DNA material produced by Applied DNA Sciences, or an authorized licensee, and that the DNA marking is unique to the Contractor.

(d) The DNA marking material may be obtained from Applied DNA Sciences by e-mailing militarymark@adnas.com, or as otherwise specified in the solicitation or award.

Reference DLA PROCLTR 2013—04R, dated April 26, 2013: The following DLAD provision is hereby revised:

From:

(Page 30) K11C06 52.211-9008 SPECIAL NOTICE - COMPLIANCE WITH 52.211-9074, DEOXYRIBONUCLEIC ACID (DNA) MARKING- FEDERAL SUPPLY CLASS (FSC) 5962, AND 52.209-9028, QUALIFIED SUPPLIERS LIST OF DISTRIBUTORS (QSLD) FEDERAL SUPPLY CLASSES (FSC) 5961 AND 5962 (NOV 2012) DLAD

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

PAGE

To:

DLAD 52.211-9008 SPECIAL NOTICE - COMPLIANCE WITH 52.211-9074, DEOXYRIBONUCLEIC ACID (DNA) MARKING - FEDERAL SUPPLY CLASSE (5962) - TRUSTED SOURCES (APR 2013)

(a) Trusted sources are defined as: approved sources listed in the Item Description (such as Original Component Manufacturers (OCMs) and Original Equipment Manufacturers (OEMs); sources listed, or are qualified for listing (as determined by the contracting officer), on the applicable Qualified Products List (QPL) or Qualified Manufacturers List (QML); authorized distributors of approved or QPL or QML qualified sources (as determined by the contracting officer) with adequate traceability (as determined by the contracting officer) to the approved or QPL or QML qualified source; distributors that are listed, or are qualified for listing (as determined by the contracting officer), on the DLA Land and Maritime Qualified Suppliers List of Distributors (QSLD) for FSC 5961 and 5962 at the time of award, and who have adequate traceability (as determined by the contracting officer); and companies that are listed, or are qualified for listing (as determined by the contracting officer) on the DLA Land and Maritime Qualified Testing Suppliers List (QTSL)- Federal Supply Classes (FSC) 5961 and 5962.

(b) Only trusted sources that agree to DNA mark in accordance with DLAD 52.211-9074 are eligible to receive awards. Accordingly, the Offeror represents as part of its offer that it intends [ ] does not intend [ ] to supply items marked with DNA marking material in accordance with the clause at 52.211-9074 and that it is:

An approved source specified in the solicitation/contract item description

[ ] A source listed or qualified for listing (as determined by the contracting officer) on the applicable QPL or QML

[ ] An authorized distributor with adequate traceability (subject to confirmation and approval by the contracting officer) to the QPL or QML source or the approved source

[ ] A distributor listed on the QSLD with adequate traceability (subject to confirmation and approval by the contracting officer) to the QPL or QML source or the approved source

[ ] A source listed on the QTSL

(c) Offers from suppliers in any of the following categories shall take precedence over suppliers that are listed, or are qualified for listing (as determined by the contracting officer) on the DLA Land and Maritime Qualified Testing Suppliers List (QTSL)- Federal Supply Classes (FSC) 5961 and 5962:

(1) approved sources; sources listed, or are qualified for listing (as determined by the contracting officer), on the applicable Qualified Products List (QPL) or Qualified Manufacturers List (QML);

(2) authorized distributors of approved or QPL or QML qualified sources with adequate traceability (as determined by the contracting officer) to the approved or QPL or QML qualified source; and,

(3) distributors that are listed, or are qualified for listing (as determined by the contracting officer), on the DLA Land and Maritime Qualified Suppliers List of Distributors (QSLD) for FSC 5961 and 5962 at the time of award, and who have adequate traceability (as determined by the contracting officer).

(d) Offers of Government Surplus Material as defined in 52.211-9000, Government Surplus Material, shall not be considered unless the offeror submits adequate responses to the certification at 52.211-9000, represents in (b) above that it is a trusted source, and represents in (b) above that it will comply with 52.211-9074.

(e) Offerors who qualify as a trusted source in accordance with the above criteria and are willing to mark with DNA in accordance with 52.211-9074, but do not have acceptable traceability and are not listed on the QTSL, will be subject to Government Source Inspection and Product Verification Testing (PVT) in accordance with 52.246-9004. For each lot of material offered, the entire lot shall be subject to testing, and the parts are to be DNA marked in accordance with 52.211-9074 before the contractor ships the parts to the DLA Electronics Test Laboratory. For those suppliers on the QTSL, the Government reserves the right to require for review the results of the mandatory testing, upon request, at any time after award, until the record retention period has expired, as referenced in the DLA Land & Maritime "Criteria and Provisions for Qualified Testing Suppliers List" (Criteria) and listed in JEDEC Standard JESD 31 and per clause 52.209-9002(f).

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR
15C. DATE SIGNED
16B. UNITED STATES OF AMERICA

BY

16C. DATE SIGNED

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-9070 Created using Microsoft Word STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8057 50336-101 OPTIONAL FORM 336 (4-86)

U.S. GOVERNMENT PRINTING OFFICE 1990 - 262-081 Sponsored by GSA

FAR (48 CFR) 53.110

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