SPMYM1-18-Q-0057.docx

SPMYM118Q0057

Section SF 1449 - CONTINUATION SHEET

CONTACT INFORMATION

If your company encounters any problems with this purchase order/contract, including payment problems, please contact Thomas Lucas by email at thomas.lucas@dla.mil or by phone at 757-396-8064.

SAILIENT CHARACTERISTICS

Primary Ingredient - Garnet (Almandite) Industrial Abrasive

SECURITY ACCESS

1. SCOPE:

1.1. Security Requirements for Work Within Norfolk Naval Shipyard

2. REQUIREMENTS:

2.1. The following requirements shall be observed, in addition to the specific requirements of the Task Order/Contract, for work accomplished within NNSY.

2.1.1. Contractors will fill out the CNRMA Contractor Verification System Spreadsheet and provide to the region. Shipyard badge color will be specified for each worker on the spreadsheet. If no color badge is specified, the worker will receive Defense Biometrics Identification System (DBIDS) credential or pass for base access only, but no shipyard badge and not permitted access to the CIA. Workers must be approved for access on the Regional 179 day list prior to receiving any credential or badges. Contractors and their subcontractors shall provide the NNSY Pass and Identification (ID) Office (Bldg. 1502) with the names of personnel authorized to receive NNSY badges and temporary vehicle permits at least 10 working days prior to start of Availability. This list will be sent via (Code 400) Project Manager assigned to the availability who will manage security clearances and access for all contract personnel. The NNSY Pass and ID Office (Bldg. 1502) will keep these names on file. The list shall also be used to sign in deliveries of materials to the job sites or if Contractor/subcontractor employees lose their badges.

2.1.2. Vendors, Contractors, suppliers and service providers shall use the Defense Biometrics Identification System (DBIDS) for accessing Norfolk Naval Shipyard. DBIDS increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point. Individuals currently using a Navy Commercial Access Control System (NCACS) credential shall present the NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the NNSY Pass and ID Office (Bldg. 1502) at which time the information will be validated and a temporary credential provided. If all the information for the worker is already populated in the DBIDS system and they are approved on Regional list, they will be issued a DBIDS card that day (not a temporary card or pass). Contracts less than 30 days will not be issued DBIDS cards, only a paper pass. If temporary credential is required, the temporary credential will have an expiration date, prior to which a permanent DBIDS credential will need to be obtained. For each additional U.S. Navy installation access is required, the first visit will only require a DBIDS credential and statement of purpose for access when arriving at the installation's Visitor Control Center (VCC). Individuals who do not have an NCACS Card, shall present a letter or official document from the government sponsoring organization that provides purpose of access, present valid identification, such as a passport or Real ID Act-compliant state driver's license, and present a completed copy of the SECNAV 5512/1 form to obtain a background check. Upon completion of the background check, the NNSY Pass and ID Office (Bldg. 1502) will complete the DBIDS enrollment process, which includes finger prints, base restrictions, and several other assessments. The costs incurred to obtain Navy Installation access of any kind are not reimbursable, and the price(s) paid for obtaining long term DBIDS credentials will not be approved as a direct cost of the contract. Further information regarding DBIDS can be found under "Popular Links" at http://cnic.navy.mil/OM/dbids.html. There is currently no cost for DBIDS at NNSY at this time.

2.1.2.1. No foreign nationals are permitted on work site or to be utilized as truck drivers.

2.1.3. Two forms of GOV issued IDs are required to obtain DBIDS and shipyard badges (i.e., Drivers Licenses, Social Security Card, Pass Port). Refer to SECNAV Form 5512/1 for acceptable IDs. Subject to a favorable Special Access Determination (SAD), Contractor/subcontractor personnel will be issued green badges. A green NAVSEA badge will be used for identification while within the CIA. Green badges will NOT allow access to Nuclear Work Areas or Controlled Nuclear Information Areas (CNIA). When issued a shipyard badge, Contractor personnel will be required to watch a SECURITY, RADCON, SAFETY AND HEALTH video, and must sign certification that they have seen and understand the requirements of subject videos. Videos will last approximately 30 minutes. Certification signature on electronic pad, verifies videos have been viewed and Contractor/subcontractor employees agree to all terms and conditions for accessing and working aboard NNSY. Contractor/subcontractor employees may wear only the NAVSEA badge issued to them while within the CIA. No one may wear any other badge while in the Shipyard, and identification badges must be visibly worn on the outermost garment above the waist at all times while in the Shipyard. Contractor/subcontractor employees issued non-picture NNSY badges must carry a government issued picture ID with them at all times. NNSY issued badges shall only be used to gain access for the person named on the badge.

2.1.3.1. Contractors and any subcontractors must submit a DD Form 254 "Contract Security Classification Specification" to the NNSY Security Department Code 1120 for access requirement verification prior to arrival at NNSY for Red and Yellow NAVSEA badges.

2.1.3.2. All Contractors must complete Level I Antiterrorism Awareness Training online at website http://jko.jten.mil/courses/atl1/launch.html. This training is good for approximately one year and can be accomplished on any non-government computer with internet access and a printer. The worker's Contracting Officer's Representative (COR) will be responsible for tracking and reporting overall worker completion in writing to the installation Antiterrorism Officer via NNSY Security Office (Code 1121). Worker's COR is responsible for ensuring workers are afforded computer access and/or provided instructions on how to complete training and print certificate. In lieu of completing training online, the COR may provide group training to their workforce utilizing a prepared presentation available from NNSY Security Office (Code 1121) and have the workforce sign the completion roster accordingly. Worker's failing to complete training may be denied access to NNSY.

2.1.4. Prime Contractors must return all NAVSEA badges to NNSY Pass and ID Office (Bldg. 1502) or account in writing for each missing badge. Badges are to be turned in upon completion of work or when an employee is terminated, deceased, etc. Failure to return badges will result in delays in badging personnel for future contracts awarded to the company involved.

2.1.5. Weekend Access: Contractors/subcontractors requiring access for weekend work will notify NNSY Security Office (Code 1121) and the NNSY Project Work Integration Team (WIT) three days prior to commencement of this work. Arrangements for weekend Contractor access shall be made during the week prior to the weekend.

2.1.6. Contractor vehicle access to the NNSY CIA will be governed by the following regulations:

2.1.6.1. Only one Company vehicle (assigned to the Prime Contractor's Project Manager) will be given access to and allowed to park within the CIA in open, unmarked spaces near shop buildings, excluding piers, during the contract period. The CIA Parking Permit vehicle pass for the Contractor's Project Manager will be red in color, and will be issued by NNSY Pass and ID Office (Bldg. 1502). This pass will be used for parking inside the CIA only; a yellow vehicle pass, issued by NNSY Pass and ID Office (Bldg. 1502) will be used for gaining admittance to non- CIA and CIA gates. The Prime Contractor must notify NNSY Pass and ID Office (Bldg. 1502), in writing, five days in advance of the commencement of work of the individual assigned as the Prime Contractor Project Manager and the license number and make/model of the vehicle. The name of the company shall be displayed on each side of the vehicle with magnetic signs or graphically printed on the vehicle. Vehicle passes, when issued, shall be displayed in the windshield at all times. The maximum duration for which the pass will be issued is the duration of the contract or one year. Passes may be renewed as required.

2.1.6.2. Access will be allowed to other Contractor vehicles for the purpose of transporting tools, parts, and material to/from a work site only. The vehicle will have a driver and no more than one passenger. The vehicle will proceed to the work site, be unloaded, and depart the CIA. Work-type vehicles (cars, station wagons, trucks, and vans) will not be allowed to park within the CIA for any longer than is required to unload tools, parts and/or material. Temporary vehicle passes for work-type vehicles will be yellow in color, and will be issued by NNSY Pass and ID Office (Bldg. 1502). Contractors will present vehicle registration, state inspection certification, if applicable, and proof of insurance for each vehicle being issued a temporary yellow vehicle pass. The name of the company shall be displayed on each side of the vehicle with magnetic signs or graphically printed on the vehicle. Temporary vehicle passes, when issued, shall be displayed in the windshield at all times. The maximum duration for which a temporary vehicle pass will be issued is the duration of the contract or one year. Temporary passes may be renewed as required. NNSY Pass and ID Office (Bldg. 1502) will not issue parking passes to the Contractors. Only temporary vehicle passes will be issued to company vehicle which meet the requirements.

2.1.6.3. Vehicle access in pier and dry-dock areas is under the control and direction of the NNSY Rigger in Charge (RIC) and the NNSY Crane Team personnel (Code 742). Vehicular traffic on piers or in dry-dock areas is prohibited unless specifically authorized by NNSY Code 742. Permission to temporarily park vehicles for the delivery or pick up of materials of substantial size or weight, and space assignment for this task, must be obtained from Code 742. Unauthorized vehicles or equipment in pier and/or dry-dock areas will be towed/removed and impounded, disabled through the use of wheel locks, and/or ticketed. Contractors must coordinate all pier access via the SUPERVISOR.

2.1.6.4. Access to the CIA for all Contractor vehicles transporting material and equipment will be through CIA Gate "F" only, located near the west end of Building 369 and Drydock 8. CIA Gate "F" is open from 0600-1800, Monday through Friday; this gate is closed from 1800-0600, Monday through Friday and on weekends and holidays. Unique circumstances requiring access via another CIA gate shall be coordinated with NNSY Security Office (Code 1121). After-hours access and access during weekends and holidays will normally be through CIA Gate "N".

2.1.6.5. Transporting of personnel to/from a job site may only take place during the hours of 0600-1800, Monday through Friday, via CIA Gates "F" or "P" only. Passengers will be required to exit the vehicle for a badge check and entrance to the CIA area. Buses will not be permitted access to the CIA. The issuance of Contractor vehicle passes for buses and/or vans to be used to transport Contractor personnel to/from the CIA gates must be coordinated with NNSY Pass and ID Office (Bldg. 1502).

2.1.6.6. Parking for Contractor work-type vehicles which are only authorized to drop off materials, tools, personnel, etc., and then are required to exit the CIA, and parking for Contractor personnel with Privately Owned Vehicles (POVs) and company vehicles will be allowed in Lots 42 and 43, as available, and will not be permitted within any other areas of NNSY Installation. A copy of NNSY's parking regulations will be made available to the Contractor upon request.

2.1.6.7. All vehicles entering the CIA may be subjected to random inspections. Directed Force Protection Conditions (FPCONs) will mandate changes in access, vehicle/personnel inspections, and parking inside the CIA. Announcements of the requirements will be at the time of need due to the nature of security conditions required.

2.1.6.8. Parking and material drop-off areas in the CIA shall be identified as follows: Material Drop-off Areas: Yellow/white hatched area with stenciling specifying "MATERIAL DROP-OFF ONLY; ONE HOUR LIMIT." These areas will be utilized by Contractor vehicles for material drop-off only. Additional time and/or space requirements may be coordinated with the NNSY Pass and ID Office (Bldg. 1502). Contractor Work Vehicles: Temporarily designated spaces/areas marked by cones or other temporary means by Parking and/or Traffic Control personnel for vehicles and laydown as required.

2.1.6.9. Non-tenant Contractor employees, with Privately Owned Vehicles (POV's) are NOT authorized to park on the NNSY installation proper. Non-tenant Contractor company vehicles, that are only authorized to drop off materials, tools, personnel, etc., and then have to depart the CIA, are NOT authorized to park on the NNSY installation proper. Lots 42 & 43 are the designated lots, at this time, for all contractor personnel with POV's and company vehicles, if not authorized to park inside the CIA.

2.1.7. Material Movement Control:

2.1.7.1. Contractor Material (i.e., company or personal tools): Contractors are to submit to NNSY Security Office (Code 1121) a list of each employee's personal tools and company tools. Hand tools (e.g., screwdrivers, wrenches, etc.) may be listed as "miscellaneous hand tools"; all other tools will be listed separately (e.g., "one power drill", "one power saw", etc.), and must include model and serial number. NNSY Security Office (Code 1121) will prepare the NAVSUP Form 158, "Property Pass" and submit a copy to NNSY (Code 1120). This pass will be good for the duration of the availability and is to be kept in the Contractor vehicle identified in the "remarks" block of the NAVSUP Form 158 that will be transporting company and/or personal tools on a daily basis within NNSY.

2.1.7.2. All other Contractor or government material/equipment to be moved by the Contractor is to be listed on NNSY Form 4336/1, "Delivery Manifest", and approved by the NNSY Code 440 Project Manager assigned to the availability or his/her designee. This form must be completed and approved each time material/equipment will be removed from NNSY.

2.1.7.3. Material/equipment may be moved through CIA Gate "F" during the hours of 0600-1800, Monday through Friday; this gate is closed from 1800-0600, Monday through Friday and on weekends/holidays. After-hours access and access during weekends and holidays will normally be through CIA Gate "N". Access for equipment or vehicles too large to enter via CIA Gates "F" or "N" will be coordinated with NNSY Security Office (Code 1121) as far in advance as possible.

2.1.8. Photography: Contractor requests for the use of any photographic equipment, including audiovisual equipment and digital cameras will be coordinated with NNSY Security Office (Code 1121) and will require a NNSY Security Office (Code 1121) approved camera pass. All film, audiovisual tapes, and digital photographs will require review by the NNSY NNPI Officer or NNSY NNPI Representative prior to release to the Contractor.

2.1.8.1. In addition to 2.1.8, the Contractor will be required to accomplish the requirements of Ship/Vessel's photography policies and requirements in regards to notification, permission and approval of photographs as directed by the NNSY Project via the SUPERVISOR.

2.1.9. Cell Phones: Camera cell phones are NOT allowed inside the CIA, NAVSEA work spaces, or offices outside the CIA. Camera cell phones are allowed in some general areas outside of the CIA such as parking lots, eating establishments, gym, barracks, chapel, etc. Unofficial photography of any type is prohibited except in authorized locations outside the CIA such as Trophy Park, barracks, inside the chapel, etc. NNSY will enforce the prohibition of camera cell phones in unauthorized areas and will issue security violations for violators.

2.1.9.1. Cell phones with the camera features disabled are no longer considered to be "camera" cell phones, and none of the restrictions for camera cell phones apply.

2.1.9.2. “Disabled” means physical removal/destruction of the lens (drilling out, for instance) and filling the void with a permanent epoxy.

2.1.9.3. The "acceptance criteria" is that it must be visually obvious to untrained personnel that the camera feature has been disabled. Accordingly, claiming that the camera feature or function has been "deprogrammed", "inactivated" (or similar) would NOT be acceptable, since this cannot be readily verified by untrained personnel. Also, the camera feature or function could be reprogrammed or re-activated after inspection.

2.1.9.4. Cell phone owners should consider locations into which they intend/desire to carry cell phones before permanently modifying them. Modifications to cell phones are solely the decision and the responsibility of the owner.

2.2. Requirements for Vendor/Visitor/Contractor IT Equipment Request for NNSY:

2.2.1. Individuals will need to submit a written and signed request on company letterhead for each laptop and each computer must be associated with a single user.

2.2.2. The request is to be sent to the Information System Security Manager (ISSM), Code 109.2 (Mr. Eric Goughenour) via the Shipyard Sponsor. The request must be submitted at least 7 business days prior to the start date to allow enough time for routing of the authorization letter. Request the latest template from the WIT via the SUPERVISOR. Request will include the following:

2.2.2.1. Shipyard point of contact: (Name, Code and Phone number)

2.2.2.2. Purpose for request: (Provide detailed explanation)

2.2.2.3. Area of Shipyard where equipment will be used: To include - Code, Building, and Room.

2.2.2.4. Type of equipment: To include - Type (Laptop, Projector, etc.), Make, Model name, Serial number, Company asset number (if any), and how the equipment will be delivered (Hand carried, mail)

2.2.2.5. Duration of visit (arrival date - departure date)

2.2.3. Shipyard and non-Shipyard personnel (vendors, Contractors, visitors, etc.) are authorized to bring the following privately owned portable electronic devices (PEDs) onto the Shipyard: cell phones, cell phones with PDAs embedded (including web access), PDAs (including web access), and Blackberry - type devices and Bluetooth for these devices including hands-free (ear pieces.)

2.2.4. PROHIBITED: Use of PEDs (including Laptops) with camera, video, remote activation, and/or audio recording capabilities including camera cell phones are not permitted in the CIA or where NAVSEA business is being conducted.

2.2.5. Privately owned PEDs are not authorized for processing, transmitting, Wireless (RF) devices and storing government information.

2.2.6. PEDs brought within Shipyard worksites are subject to random audits. Devices found to contain government information shall be sanitized. The device will be examined to determine if government information can be removed without destruction. If it is determined that physical destruction is the only method for sanitizing, the device will be destroyed and the owner will not be reimbursement for the device.

2.2.7. Use of IEEE 802.11x wireless networks is prohibited

2.2.8. Connection of USB (or similar) external storage devices to all Navy networks is prohibited.

2.3. In addition to requirements for NNSY of 2.2, the Vendor/Visitor/Contractor shall be required to adhere to Ship/Vessel's IT equipment policies and requirements and obtain the Ship's Security Officer's permission prior to any IT equipment being brought onboard.

SAFETY

"Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements OSHE OSHECM Chapter Hazardous Energy Control (HEC) requirements or safety requirements for site specific location of the contract.

1. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

1. Contractors and NNGAs may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site:

http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

1. Names and contact information for NNSY LOTCs and/or the Building Monitor will be provided by NNSY TPOC and/or CORs set forth elsewhere in this award document.

SOW

STATEMENT OF WORK (SOW)

1. MATERIALS NEEDED:

1.1. 100 ton minimum - 200 ton maximum of garnet abrasive grit that will meet the Salient Characteristics (Attachment A - Salient Characteristics).

1.2. Vendor to provide minimum of (100) empty 2 ton bulk bags/super sacks and pallets for required to remove all of the used abrasive material/ used grit waste. Waste disposal bulk bags/super sacks shall have a means of lifting the bag/sacks. Waste disposal bulk bags/super sacks and pallets shall have approximately a 4400 lb. capacity (i.e. metric or long or imperial 2 ton bags are acceptable).

1.3. Vendor to provide one set of valves to convert a (6) six outlet blast pot with 1-1/2" piping to use garnet (i.e. (6 each) Schmidt Thompson Valve II XL™ (Extended Life) Valves Complete Conversion Kit for 1-1/2" piping).

2. DELIVERY REQUIREMENTS:

2.1. Up to Eight (8) deliveries in 25 ton increments; upon request from Norfolk Naval Shipyard (NNSY) code 970 certifying official or his designated representative the Contractor will within 24 hours deliver and dispense by blow truck/bulk tanker into designed hoppers 25 ton of garnet abrasive grit, that meets the requirements of attachment A (Salient Characteristics), at a location designated by code 970 certifying official or his designated representative.

2.1.1. The hoppers are located inside the drydock which are located inside the Controlled Industrial Area (CIA).

2.1.2. All trucks will come with required accessories (e.g. hoses, cam-lock fitting /connectors) required to deliver grit material from the truck to the hopper.

2.1.2.1. Trucks to have a minimum of 3 flexible “blow hoses” to reach the hopper fill connection, which is a 3” cam-lock fitting.

2.1.2.2. Trucks must also have a means to verify as delivered/after hopper filled (e.g. empty) weight (e.g. Portable Truck Scales with min 25 ton Capacity & any required accessories (e.g. portable truck scale ramps), Onboard Wireless Scale System).

2.1.3. The driver/operator & NNSY code 970 personnel will be required to monitor the flow of media into the hopper.

2.1.4. Contractor will also provide at time of delivery, documentation (e.g. Invoice) to verify the scale weight from the facility and salient characteristics to the code 970 certifying official or his designated representative.

2.1.4.1. All delivery weights and salient characteristics will be verified on-site at time of delivery by the certifying official or his designated representative.

GARNET ABRASIVE, EQUIPMENT AND SERVICES SOW

3. RETURN & DISPOSAL REQUIREMENTS:

3.1. Vendor to pick-up (include loading & freight cost) all the used abrasive material/ used grit waste (i.e. garnet, removed paint waste, etc.) and disposal of all used abrasive material/ used grit waste with a 72 hour after requested by NNSY code 970.

3.1.1. Contractor will be contacted when NNSY is ready for a pick-up to remove the used grit waste.

3.1.2. Pick-ups will consist of approximately 8-10, bulk bags/super sacks of abrasive material/ used grit waste from a location designated by code 970 certifying official or his designated representative.

Note: the used abrasive material/ used grit waste laydown area might be located inside the shipyard but outside of the CIA (e.g. building 1499 (e.g. fenced in area outback, foundry, etc.) or it may be within the CIA area at a location designated by code 970 certifying official or his designated representative).

3.1.3. Contractor to verify pick up location with the code 970 certifying official or his designated representative to insure pick up drivers have the correct security clearance (per section 4) to access the areas (e.g. CIA, inside the shipyard).

3.2. WASTE DISPOSAL TESTING/LAB WORK:

3.2.1. CONTRACTOR RESPONSIBILITIES:

3.2.1.1. Contractor will accomplish testing/lab work (e.g. hazardous material, heavy metals testing) required in way of removing, transporting, and disposing of the used abrasive material/used grit waste.

3.2.1.2. The vendor or his representative will also be required to provide a statement as to the final disposition of the material (e.g. disposed of in a land fill or similar, recycled).

3.2.2. SHIPYARD RESPONSIBILITIES:

3.2.2.1. In addition to the vendor required testing; NNSY will sample, test and release all waste prior to removal from the shipyard; these requirements are for NNSY use only and NNSY will conduct and bore these costs separately from the vendor required testing listed above.

4. SECURITY REQUIREMENTS:

4.1. Delivery drivers/pickup drivers/any visiting onsite vendors have to be able to obtain security clearance to access NNSY and or the controlled industrial area (CIA) (Attachment B – Security Access - DBIDs).

5. Safety requirements:

5.1. See Attachment C – Safety

6. POINT OF CONTACTS

6.1. INVOICE CERTIFYING POC:

6.1.1. Code 970 John Hilton (Desk # 757-636-3441, Cell # 757-636-3441)

6.1.2. ALTERNATE CODE 970 CERTIFYING POC:

6.1.2.1. Dave Hartman (Cell #757-284-8760)

6.1.2.2. Steve Reed (Cell #757-646-6861).

6.2. TECHNICAL POC:

6.2.1. Code 255 Randall Santiago (Desk # 757-396-5465)

N421588054B235

FFP

BLAST MEDIA

SEE STATMENT OF WORK

GARNET ABRASIVE, EQUIPMENT AND SERVICES

POC: RANDALL SANTIAGO (C255) 757-396-5466

FOB: Destination

NSN: 5350-HM-CN0-8476

MILSTRIP: N421588054B235

PURCHASE REQUEST NUMBER: N421588054B235

PROJECT: 5Y3

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-APR-2019

NO POINT OF CONTACT (RECEIVING DEPT)

RECEIVING OFFICER

BLDG 276

PORTSMOUTH VA 23709-5000

FOB: Destination N42158

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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)

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.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the…