SPMYM1-17-Q-0061.docx

SPMYM117Q0061

Section SF 1449 - CONTINUATION SHEET

***IMPORTANT NOTICE***

In order to minimize the risk of the government purchasing counterfeit products or unauthorized secondary market equipment, which would not be supported by the Original Equipment Manufacturer (OEM), and to ensure that the Government purchases only equipment that is genuine (i.e., not counterfeit or gray market), authorized (e.g., including appropriate licenses), and supported (e.g., warranty and support services) by the OEM, Vendor shall warrant that the products are new, in their original box. By submitting a response to an Request for Quote (RFQ), Request for Proposal (RFP), the Vendor confirms to have sourced all Manufacturer products submitted in this offer from Manufacturer or through Manufacturer Authorized Partners only, in accordance with Manufacturer's applicable policies in effect at the time of purchase.

SPECIFICATIONS OF WORK

Specification of Work:

1.0 SCOPE

1.1 Scope. This specification provides the minimum requirements for a Purge and Trap System. The Purge and Trap System shall consist of an autosampler and a concentrator. This Purge and Trap System will be utilized in an industrial laboratory for determining a wide range of volatile organic compounds from water to hazardous waste materials to very low detection limits (parts per billion, ppb) with high accuracy and precision for environmental organic sample analysis.

2.0 APPLICABLE DOCUMENTS

2.1 Government Documents. The following documents of the issue in effect on the date if invitation for bids or request for proposal, form a part of the specification to the extent specified herein.

SPECIFICATIONS

MILITARY:

MIL-STD-129- Marking for Shipment and Storage

OTHER GOVERNMENT AGENCY

U.S. DEPARTMENT OF LABOR

OSHA 2206- General Industry, OSHA Safety and Health Standards, 29 CFR 1910

2.2 Non-government documents. The following documents form a part of this specification to the extent herein. Unless otherwise indicated, the issue in effect on the date of invitation for bid or request for proposal shall apply.

STANDARDS

UNITED STATES ENVIROMENTAL PROTECTION AGENCY

USEPA STANDARD TEST METHODS 524.2, 524.3, 5030, 5035, 8000, 8260 and 8015– Standard Test Methods for Analysis of Solids, Wastewater, and Drinking Water. (Copies of these standards may be obtained from the USEPA website)

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

ASTM-D-3591 – Standard Practice for Commercial Packaging (Application for copies should be addressed to: American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.)

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA-70-1987 – National Electrical Code (Applications for copies should be addressed to: National Fire Protections Association, Battery march Park, Quincy, MA 02269.)

2.3 Order of Precedence. In the event of conflict between the test of this specification and the references sited herein, the text of the specification shall take precedence. However, nothing in this specification shall supersede applicable laws and regulations unless a specific exemption has been obtained.

3.0 REQUIREMENTS.

3.1 General Information and Coverage. The equipment shall be one of the manufacturer’s current production models, new and unused, capable of performing its intended function in accordance with the operation and performance requirements specified herein. The equipment shall be complete so that when connected to the utilities and attachments specified herein, it can be used for any function for which it is designed and constructed.

3.1.1 Current Production Model. The equipment offered shall be a current production model. A current production model is defined as the manufacture’s current production model which, on the date this specification is issued, has been designed, engineered and sold, or is being offered for sale through advertisements or manufacture’s published catalogs or brochures. Products such as prototype units, preproduction models, or a highly modified current production models, where major components have been redesigned to meet the requirements of this specification, do not qualify as meeting this requirement.

3.2 Definition. The equipment shall consist of, but is not limited to, the following principal components, attachments and accessories necessary to meet the requirements specified herein.

GC Interface Cables Purge and Trap Autosampler Concentrator Purge and Trap Autosampler Installation Kit Concentrator Installation Kit Recirculating Water Bath Recirculating Water Bath Installation Kit Purge and Trap Interface Cable

3.3 Salient Characteristics. The Purge and Trap System shall have the following salient characteristics:

3.3.1 Performance Characteristics.

3.3.1.1 The Purge and Trap system shall be compliant and capable of meeting all of the requirements of USEPA methods 5030, 5035, 524.2, 524.3, 8000, 8015 and 8260 for the analysis of soils, wastewater, and drinking water. Failure to be capable of meeting any, and all, of these methods will eliminate the system from consideration.

3.3.1.2 The Purge and Trap Autosampler shall contain an autosampler with a minimum capacity of 50 samples.

3.3.1.3 The Purge and Trap Autosampler shall be able to move in a robotic XYZ formation.

3.3.1.4 The Purge and Trap Autosampler shall be able to simultaneously utilize water samples and soil samples at one time.

3.3.1.5 The Purge and Trap Autosampler shall be able to allow automated introduction of internal standard and other quality control introduction to samples.

3.3.1.6 The Purge and Trap Autosampler must include capability of programmable sample dilutions up to a 400:1.

3.3.1.9 The Purge and Trap Autosampler must be able to connect to any purge and trap system.

3.3.1.10 The Purge and Trap Autosampler and Concentrator system shall be capable of complete and total interface with any Gas Chromatograph system utilizing Windows NT or better.

3.3.1.11 The Purge and Trap Autosampler and Concentrator system shall be able to interface with existing Agilent instrumentation.

3.3.1.12 The Purge and Trap Concentrator provided shall utilize water control management with both condensate trap and dry purging techniques.

3.3.1.15 The Purge and Trap Autosampler and Concentrator system shall contain a foam and overfill sensor allowing concentrator to stop. The Purge and Trap concentrator shall contain a mass flow control for programmable flow rates and have the ability to check for flow and leak check automatically.

3.3.2 Physical Characteristics.

3.3.2.1 Dimensions. This equipment shall be a bench-top model. This equipment shall fit in an area of approximately 10’ by 4’.

3.3.3 Maintainability. The machine design and configuration shall permit direct access for adjustments/testing/replacement of components. Removal and replacement of equipment components shall require the removal of the minimum number of other equipment components.

3.3.4 Environmental conditions. This equipment and associated accessories shall be designed and constructed such that, under the operating, service, transportation and storage conditions described herein, the equipment shall not emit materials hazardous to the ecological system as prescribed by federal, state, or local statutes in effect at the point of installation.

3.4 Design and Construction. This machine shall be constructed of parts which are new or reclaimed, without defects and free of repairs. The machine structure shall be capable of withstanding all forces encountered during operation of the machine to its maximum rating and capacity without permanent distortion.

3.4.1 Safety. Covers, guards, or other safety devices shall be provided for all parts of the Purge and Trap system that present safety hazards. The safety devices shall not interfere with operation of the equipment. The safety devices shall prevent unintentional contact with the guarded part, and shall be removable to facilitate inspection, maintenance and repair of parts. All parts, components, mechanism, and assemblies furnished, whether or not specifically required herein, shall comply with the requirements of OSHA 2206 that are applicable to the equipment itself.

3.4.2 Human engineering. All operating controls shall be convenient to the operator at his/her normal work bench. The equipment shall be designed and manufactured to minimize the possibility of human error and to ensure human machine compatibility.

3.5 Documentation. Technical operating manuals shall be provided in accordance with MILM-7298. .As a minimum, two (2) manuals shall be provided.

3.6 Installation. The vendor shall provide complete and total installation of the Purge and Trap system and attach all accessories. Installation of the required utilities shall be the responsibility of the Government. Connection to the utilities and any required hardware or other connection devices shall be the responsibility of the vendor.

4.0 QUALITY ASSURANCE PROVISIONS

4.1 Responsibility for inspection. Unless otherwise specified in the contract or purchase order,, the contractor is responsible for the performance of all inspection requirements(examinations and tests) as specified herein. Except as otherwise specified in the contract or purchase order, the contractor may use his or her own or any facilities suitable for the performance of the inspection requirements specified herein, unless disapproved by the government. The government reserves the right to perform any of the inspections set forth in this specification where such inspections are deemed necessary to ensure supplies and services conform to prescribed requirements.

4.1.1 Responsibility for Compliance. All items shall meet all requirements of Sections 3 and 5. the absence of any inspection requirements in the specification shall not relieve the contractor of the responsibility of ensuring that all products or supplies submitted to the government for acceptance comply with all requirements of the contract.

4.2 Methods of inspections.

4.2.1 Operational test. The system provided shall be tested by the receiving activity personnel under the observation of the contractor to verify proper operation in accordance with the requirements of this specification. Satisfactory completion of all tests is inherent in the specification and any cost associated in the correction of any defects shall be the responsibility of the vendor. The system provided will be operated for a minimum period of 8 hours without the need for correction of any defects. Proper operation and function of the system and its controls, and other associated accessories shall be verified during this trial period.

4.2.2 Examination. The equipment provided will be visually and physically examined for design construction, material construction, material components, electrical equipment, workmanship, form, fit and function to determine compliance with the requirements of this specification.

4.2.3 Warranty. The vendor shall provide, as a minimum, a (1) year warranty for the Purge and Trap system and its associated accessories. The vendor shall provide next business day parts and labor necessary to maintain a fully functioning system during the warranty period. The vendor shall detail the terms of the warranty in the proposal.

5.0 PREPARATION FOR DELIVERY

5.1 General. Preservation and packing shall be in accordance with ASTM-D3951-88, Standard Practice for Commercial Packaging.

5.2 Marking for Shipment. Marking shall be in accordance with MIL_STD_129J, Marking for Shipment and Storage. In addition, the following markings shall be on the equipment packaging:

“NOT FOR OUTSIDE STORAGE”

Contract Number

5.3 Shipping. Contact the following personnel prior to shipping: Karen McMillen, (757) 396-4510, Leslie Hewitt (757) 377-3142 and Marlin McCrickard (757) 396-3373 and provide shipping details. The equipment and it’s accessories shall be shipped by the best commercial method available. The equipment shall be shipped to:

Commanding Officer Building 276, Receiving Officer Norfolk Naval Shipyard Portsmouth, VA 23709-1035 M/F Code 2380.9, Karen McMillen, (757) 396-4510

Attn: Code 130S, Duane Upton

6.0 General. A sight visit is not required

N4215871929530

FFP

Centurion WS Auto-sampler, 110V, PN, A01FS11110

FOB: Destination

MILSTRIP: N4215871929530

PURCHASE REQUEST NUMBER: N4215871929530

PROJECT: YY9

NET AMT

N4215871929531

OPTION

THIRD IS OPTION, PN A01THIRDIS

FOB: Destination

MILSTRIP: N4215871929531

NET AMT

N4215871929532

Cable Cent to ENCON/EV, PN, C10005-086 FOB: Destination

MILSTRIP: N4215871929532

NET AMT

N4215871929533

ENCON Evolution 110V (5ML glassware standards), PN, A03F111001 FOB: Destination

MILSTRIP: N4215871929533

NET AMT

N4215871929534

Sample Heater Option 110V, PN, A03SAMP110 FOB: Destination

MILSTRIP: N4215871929534

NET AMT

N4215871929535

Foam Sensor Option, PN, A03F0AM00 FOB: Destination

MILSTRIP: N4215871929535

NET AMT

N4215871929536

Cable EV TO 5890 W/MSD or 6890/7890 GC, PN, A0318GC01 FOB: Destination

MILSTRIP: N4215871929536

NET AMT

N4215871929537

Service

Installation, Travel, 2nd Year Warranty, Service SVC CTR Evolution Gold, SVC Contract CENTWS Gold

EST Analytical or authorized reseller on-site service for system installation and configuration not to exceed one (1) day Monday thru Friday from 8:00 AM to 4:00 PM. and coordinated with the Technical Representative prior to arrival will be required. Installation includes travel expense.

**PLEASE NOTE** must include detailed labor categories and hourly wage for each representative at the time of pricing and shall not be billed separately.

**PLEASE NOTE** Travel expense shall be in accordance with the Joint Travel Regulations. A detailed expense list will be provided at the time of pricing and shall not be billed separately and will include normal and reasonable travel incidentals including airfare, car, meals and hotel expenses.

EST Analytical or authorized reseller on-site service for system installation and configuration not to exceed one (1) day to include travel expense.

FOB: Destination

MILSTRIP: N4215871929537

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

RECEIVING OFFICER

BLDG 276

PORTSMOUTH VA 23709-5000

FOB: Destination N42158

N42158

N42158

N42158

N42158

N42158

N42158

N42158

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

(End of clause)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

GOVERNMENT SURPLUS MATERIAL

(a) Definition.

“Surplus material,” as used in this clause, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the DLA Disposition Services, by Contractors authorized by DLA Disposition Services, or through another Federal Government surplus program. The terms “surplus” and “Government surplus” are used interchangeably in this clause.

(b) The Offeror agrees to complete this clause and provide supporting documentation as necessary to demonstrate that the surplus material being offered was previously owned by the Government and meets solicitation requirements. The Offeror must provide this information and any supporting documentation on or before the date that quotes/offers are due; or within the timeframe specified by the Contracting Officer, if additional documentation is requested after submission of the offer. Failure to provide the requested information and supporting documentation within the timeframe requested may result in rejection of the offer. Unless the solicitation states otherwise, Offerors of surplus material are authorized to open packages, inspect material, and reseal packages. Each time this is done, the Offeror’s authorized representative or inspector must sign the packages where they were resealed and annotate the date of inspection.

(c) With respect to the surplus material being offered, the Offeror represents that:

(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes __ No __

The material conforms to the technical requirements cited in the solicitation (e.g., commercial and Government entity (CAGE) code and part number, specification, etc.). Yes __ No __

The material conforms to the revision letter/number, if any is cited. Yes __ No __Unknown __

If no, the revision offered does not affect form, fit, function, or interface. Yes __ No __ Unknown __

(2) The Offeror currently possesses the material. Yes __ No __

If no, the Offeror must attach or forward to the Contracting Officer an explanation as to how the offered quantities will be secured.

If yes, the Offeror purchased the material from a Government selling agency or other source. Yes __ No __

If yes, provide the information below:

(3) The material has been altered or modified. Yes __ No __

a) If yes, the Offeror must attach or forward to the Contracting Officer a complete description of the alterations or modifications.

(4) The material has been reconditioned. Yes __ No __

If yes, (i) the price offered includes the cost of reconditioning /refurbishment. Yes __ No __; and

(ii) The Offeror must attach or forward to the Contracting Officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard.

The material contains cure-dated components. Yes __ No __

If yes, the price includes replacement of cure-dated components. Yes __ No __

(5) The material has data plates attached. Yes __ No __

a) If yes, the Offeror must state below all information contained thereon, or forward a copy or facsimile of the data plate to the Contracting Officer.

(6) The offered material is in its original package. Yes __ No __

(If yes, the Offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the Contracting Officer a copy or facsimile of original package markings.)

(7) The Offeror has supplied this same material (National Stock Number) to the Government before. Yes __ No __

If yes, (i) the material being offered is from the same original Government contract number as that provided previously. Yes __ No __; and

(ii) State below the Government Agency and contract number under which the material was previously provided:

If yes, (i) the specification/drawing is in the possession of the Offeror. Yes __ No __; and

(ii) The Offeror has stated the applicable information below, or forwarded a copy or facsimile to the Contracting Officer. Yes __ No __

(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes __ No __

If yes, (i) Material has been re-preserved. Yes __ No __;

(ii) Material has been repackaged. Yes __ No __;

(iii) Percentage of material that has been inspected is ______% and/or number of items inspected is _______; and

(iv) A written report was prepared. Yes __ No __

If yes, the Offeror has attached it or forwarded it to the Contracting Officer. Yes__ No__

(d) The Offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.

(e) The Offeror has attached or forwarded to the Contracting Officer one of the following, to demonstrate that the material being offered was previously owned by the Government (Offeror check which one applies):

___ For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DLA Disposition Services Form 1427, Notice of Award, Statement and Release Document.

___ For DLA Disposition Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.

___ For DLA Disposition Services Recycling Control Point (RCP) term sales, the statement of account or billing document.

___ For property sold under the exchange or sale regulation, conducted by sealed bid, auction or retail methods, a solicitation/invitation for bid and corresponding DLA Disposition Services form 1427.

___ When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, commercial and Government entity (CAGE) code and part number, and original contract number. (This information has already been provided in paragraph (c)(6) of this clause. Yes __ No __.)

(f) This clause only applies to offers of Government surplus material. Offers of commercial surplus, manufacturer’s overruns, residual inventory resulting from terminated Government contracts, and any other material that meets the technical requirements in the solicitation but was not previously owned by the Government will be evaluated in accordance with the provision at 52.217-9002.

(g) Offers of critical safety items must comply with the additional requirements in 52.211-9005.

(h) If requested by the Contracting Officer, the Offeror shall furnish sample units, in the number specified, to the Contracting Officer or to another location specified by the Contracting Officer, within 10 days after the Contracting Officer's request. The samples will be furnished at no cost to the Government. All such samples not destroyed in evaluation will be returned at the Offeror's expense. The samples will be evaluated for form, fit, and function with subassembly, assembly, or equipment with which the items are to be used. End items furnished under any contract award to the Offeror furnishing the samples can include the returned samples, and all acceptable end items will have a configuration identical to the samples. If specific tests of the samples' performance are made by the Government, the Offeror will be furnished the results of such tests prior to a contract being entered into. In addition to any other inspection examinations and tests required by the contract, the performance of the end items will be required to be as good as that of the samples submitted insofar as specific performance tests have been made by the Government and the results thereof furnished to the Offeror.

(i) In the event of award, the Contractor will be responsible for providing material that is in full compliance with all requirements in the contract or order, whether or not the Contractor has possession of applicable drawings or specifications, and despite the fact that the Government is unable to conduct in-process inspection. The Contractor’s responsibility to perform is not diminished by compliance with the requirement to demonstrate that the offered material was previously owned by the Government. The material to be furnished must meet the requirements of the current contract or order, whether or not the material met Government requirements in existence at the time the material was initially manufactured or sold to the Government. The Government has the right to cancel any resulting purchase order or terminate any resulting contract for default if unacceptable material is tendered.

(j) If higher level quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.

CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION

(a) This clause applies whenever the Contractor is not the manufacturer of the item(s) to be furnished.

(b)(1) The Contractor shall retain evidence to document that items furnished under this contract conform to contract requirements. Evidence will generally include information tracing the items back to the manufacturing source or its authorized distributor. At a minimum, evidence shall be sufficient to establish the identity of the item, its manufacturing source, and conformance to the item description.

(2) Examples of traceability documentation include, but are not limited to, the following:

(i) Purchase order(s)/invoice(s) between manufacturer(s)/distributor(s), identifying part number (and/or technical data package (TDP) with revision level) and quantities;

(ii) Original equipment manufacturer (OEM) or approved/qualified source’s packing slips, identifying part number (and/or TDP with revision level) and quantities;

(iii) OEM or approved/qualified source’s certification, identifying part number (and/or TDP with revision level) and quantities; and/or

(iv) OEM or approved/qualified source’s identifiable standard packaging, with part number (and/or TDP with revision level) cited on the package.

(3) The Contractor shall be responsible for the assurance of type, kind, count, and condition. Preservation, packing, packaging, and marking shall be in accordance with contractual requirements.

(4) The Contractor shall provide documentation of traceability for review—

(i) Upon request by the Contracting Officer at any time prior to or after award;

(ii) At time of Government source inspection, if applicable; and/or

(iii) During random or directed post-award audits.

(5) The Contractor shall retain documentation in accordance with this clause for 5 years after final payment under this contract.

c) The Offeror/Contractor shall provide documentation of traceability for review—

(1) Upon request by the Contracting Officer at any time prior to or after award;

(2) At time of Government source inspection, if applicable; and/or

(3) During random or directed post-award audits.

(d) Traceability documentation shall, at a minimum, include the following:

(1) If the Offeror/Contractor is an authorized dealer/distributor for an approved source for the specific item being procured by the Government, the following requirements apply:

(i) The Offeror/Contractor shall maintain at least one of the following:

(A) A copy of its current dealer/distributorship agreement;

(B) A letter of authorization from the approved source; or

(C) A link to an official website maintained by the approved source, which shall clearly identify the Offeror as an authorized dealer/distributor.

(ii) By submission of documentation described in subparagraph (d)(1)(i) of this clause, the Offeror/Contractor represents that:

(A) The dealer/distributor relationship with the approved source applies to the specific item being procured by the Government; and

(B) If the Contractor’s dealer/distributor status with the approved source changes after award, the Contractor shall promptly notify the Contracting Officer. Failure to provide such notification is grounds for cancellation of award or termination for default/cause, as applicable.

(2) If the Offeror/Contractor is not an authorized dealer/distributor for an approved source for the specific item being procured by the Government, the following requirements apply:

(i) If the Offeror/Contractor identified the offered item as “not in stock/not currently owned by the Offeror" or "not yet manufactured," the Offeror/Contractor shall—

(A) Maintain a verifiable quotation from the approved source, or from an authorized dealer/distributor for the approved source.

(B) Include the following information in its quotation:

(1) The item part number or designation, which shall be provided in sufficient detail to document that the item being quoted is the same as the item being procured by the Government;

(2) The quantity, which shall be sufficient to satisfy the solicitation requirement;

(3) The unit price quoted by the approved source, or by the authorized dealer/distributor for the approved source;

(4) The date of the quotation; and

(5) The name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source.

(C) The quotation shall be on the letterhead of the approved source, or of an authorized dealer/distributor for the approved source; or an electronic quotation, which shall be clearly identifiable as coming to the Offeror/Contractor from the approved source, or from an authorized dealer/distributor for the approved source.

(D) If the offered items are obtained from an authorized dealer/distributor for the approved source, the Offeror/Contractor shall maintain the information described in subparagraph (d)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (d)(1)(ii) of this clause shall apply.

(ii) If the Offeror/Contractor identified the offered item as “shipped” or “in stock/currently owned by the Offeror,” the following requirements apply:

(A) The Offeror/Contractor shall maintain one of the following documents:

(1) The invoice received by the Offeror/Contractor from the approved source, or from an authorized dealer/distributor for the approved source; or

(2) The packing slip that accompanied the shipment to the Offeror/ Contractor from the approved source, or from an authorized dealer/distributor for the approved source. The packing slip shall include a packing slip number. (If no packing slip number was provided, the Offeror/Contractor shall obtain and maintain written documentation from the approved source, or from the authorized dealer/distributor for the approved source, verifying the packing slip number. Such documentation shall include the name and address of the approved source, or of the authorized dealer/distributor for the approved source; the date of the correspondence; and the name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source, who provided the information.)

(B) The documentation furnished in accordance with subparagraph (c)(2)(ii)(A) of this clause shall include the following:

(1) Date;

(2) the name and address of the approved source, or of the authorized dealer/distributor for the approved source;

(3) the name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source;

(4) the item part number or designation, which shall be provided in sufficient detail to document that the item provided to the Contractor is the same as the item being procured by the Government;

(5) the quantity, which shall be sufficient to satisfy the solicitation requirement;

(6) the unit price charged by the approved source, or by the authorized dealer/distributor for the approved source; and

(7) the Offeror’s/Contractor’s name and address.

(C) If the offered items are obtained directly from an authorized dealer or distributor, the Offeror/Contractor shall maintain the information described in subparagraph (d)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (d)(1)(ii) of this clause shall apply.

(3) If the offered items are not obtained directly from an approved source, or from an authorized dealer/distributor of an approved source, the Offeror/Contractor shall maintain documentation, as described in subparagraph (d)(2) of this clause, sufficient to establish the complete line of ownership or distribution from the approved source, or from an authorized dealer/distributor for the approved source, to the Offeror/Contractor.

(e) The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled or contract may be terminated for cause/default, as applicable.

(f) At the Contracting Officer’s discretion, documentation of traceability provided by the Contractor, in accordance with provisions in the solicitation and/or clauses included in this contract, may be used to determine the acceptability of documentation retained in accordance with this clause.

(g) Notwithstanding any documentation provided by the Offeror prior to purchase order issuance/contract award, the Government reserves the right to require additional documentation attesting to the authenticity of the material at any time before or after contract delivery.

(h) If the solicitation states inspection and acceptance shall take place at destination, the Government reserves the right to change the place of inspection and acceptance to origin and to invoke 52.246-9004, Product Verification Testing, at time of award, with no increase in the awarded unit price.

(i) The Contractor shall be responsible for the assurance of type, kind, count, and condition. Preservation, packing, packaging, and marking shall be in accordance with contractual requirements.

(j) The Contractor shall retain documentation in accordance with this clause for 5 years after final payment under this contract.

(End of Clause)

SUBSTITUTION OF ITEM AFTER AWARD

When the purchase order text (POT) identifies supplies by manufacturer's name, commercial and Government Entity (CAGE) code , and part number, the specified item(s) are the only item(s) acceptable under this contract. The Contractor may not substitute a different item after award.

PROHIBITED PACKING MATERIALS (DLA MARITIME-NORFOLK AND PUGET SOUND)

The following packing materials are prohibited: asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material), and loose fill polystyrene. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical capability of the item offered meet the Government requirement

(ii) Price

(iii) Past performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPPIS) will be reviewed to determine vendor responsibility

The relative order of importance of the evaluation factors are in descending order of importance.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufa…