16-Q-1060.pdf
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- Duramax Marine Bearings Federal contract opportunity
- Solicitation number
- SPMYM3-16-Q-1060
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Solicitation SPMYM3-16-Q-1060 for Duramax Marine Bearings
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PORTSMOUTH NAVAL SHIPYARD
CODE 501.2
RECEIVING OFFICER
BLDG 170, CODE 501.2
KITTERY ME 03904
TEL: 207-438-5521 FAX:
N3904061264001
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
DO-A3SPMYM3-16-Q-1060 13-Sep-2016
5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NO TE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.215-1(a)
THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
DLA MARITIME PORTSMOUTH
PORTSMOUTH NAVAL SHIPYARD
ATTN: EVAN COBURN
KITTERY ME 03904-5000
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
20-Sep-2016(Date)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
207-438-1320EVAN W. COBURN
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
SPMYM3-16-Q-1060
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
INVOICING AND PAYMENT INSTRUCTIONS:
Contracting Officer’s point of contact is:
Evan Coburn, Code 503.EC (DLA KME) Tel: 207-438-1320
Submit invoices via Wide Area Workflow (https://wawf.eb.mil) in accordance with the instructions contained in
FAR 252.232-7006 (Wide Area Workflow Payment Instructions).
Calls inquiring on payments can be made to DFAS Columbus Customer Service at 800-756-4571.
Invoice inquiries can be made to DFAS by email at: ccl-acct-payable-cust-svc@dfas.mil. WAWF invoice reject inquiries can be made to DFAS by email at: ccl-wawf@dfas.mil.
The DFAS website is http://www.dfas.mil/contractorsvendors.html.
https://wawf.eb.mil/ mailto:ccl-acct-payable-cust-svc@dfas.mil mailto:ccl-wawf@dfas.mil http://www.dfas.mil/contractorsvendors.html
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 4 Each
BEARING, INNER INSERT HALF
FFP
BEARING INNER INSERT HALF, 1.021 INCHES THICK X 26.990 INCHES
LONG. MUST MEET REQUIREMENTS OF MIL-DTL-17901C. DURAMAX
PART #876652132-1. QPL-17901-QPD APPLIES.
FOB: Destination
MILSTRIP: N3904061264001
MFR PART NR: 876652132-1
PURCHASE REQUEST NUMBER: N3904061264001
NET AMT
DATA REQUIREMENTS FOR CLIN 0001
FFP
SEE EXHIBIT "A"
FOB: Destination
See Exhibit A
A001 1 Set
EXHIBIT A, SEQ A001
FFP
EXHIBIT A, SEQ A001: CDRL DI-MISC-81356A (CERTIFCATE OF
COMPLIANCE)
0003 4 Each
BEARING OUTER INSERT HALF
FFP
BEARING OUTER INSERT HALF, 1.021 INCHES THICK X 26.990 INCHES
LONG. MUST MEET THE REQUIREMENTS OF MIL-DTL-17901C.
DURAMAX MARINE PART #876652132-2. QPL-17901-QPD APPLIES.
FOB: Destination
MILSTRIP: N3904061264002
MFR PART NR: 876652132-1
DATA REQUIREMENTS FOR CLIN 0003
FFP
SEE EXHIBIT "B"
See Exhibit B
B001 1 Set
EXHIBIT B, SEQ B001
FFP
EXHIBIT A, SEQ B001: CDRL DI-MISC-81356A (CERTIFCATE OF
COMPLIANCE)
Section C - Descriptions and Specifications
MERCURY CONTROL (SUPPLIES)
Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract.
CORRECTION OF CERTIFICATIONS:
Data deliverables which have been submitted to the receipt inspection activity shall not be modified or corrected by the contractor after submittal without approval from the Material Logistics group, Code 245. The change must be apparent on the amended certification and must be provided by the appropriate source (e.g., changes to a mechanical testing report must be performed by the testing facility vice a distributor). Corrected certifications must include the signature of the authorized representative making the change. If the change is initialed and dated, it must be initialed by the same person whose signature appears on the certification. Typed initials on corrected certifications are not acceptable. If the change is made by an authorized representative other than the original authorized representative, the change shall be signed by the authorized representative making the change. Statements substantiating the reason and/or justification for the change must be provided on the certification or in separate correspondence unless the change is administrative in nature (specification revision changes and qualitative or quantitative test data changes are technical and require written justification). When changes are made to certifications or rework is performed on material, Certificates of Compliance/Conformance (COC) must be resigned and dated to affirm that the contract and specifications have been met. The revised COC is required to be provided and dated on or after the date of revised certification. The COC does not require an explanation or rationale by the vendor, provided justification for change is identified elsewhere. Where supplementary data (i.e., not contract deliverables) is provided after the date on the
COC, or administrative changes are made to the supporting certifications, the COC may stand as is.
QUALIFIED PRODUCTS (AWARD)
Contractor to furnish supplies in conformance with and MIL-DTL-17901C as shown in the Qualified Products List
(QPL-17901-QPD).
SPECIFICATION CHANGES
No changes to specification or other contract technical requirements are allowed without Contracting Officer approval.
Section D - Packaging and Marking
MARKING OF SHIPMENTS
The contractor shall mark all shipments of military packaged items in accordance with MIL-STD-129 (Latest
Revision) “Marking for Shipment and Storage” and all commercially packaged items in accordance with ASTM-D-
3951 (Latest Revision) “Standard Practice for Commercial Packaging”.
ALL EXTERIOR CONTAINERS/PACKS SHALL AS A MINIMUM BE MARKED AS FOLLOWS:
1. Applicable National Stock Number (NSN), Federal Stock Number (FSN), Local Stock Number (LSN), or
Part Number, when neither NSN nor FSN or LSN are available.
2. Quantity
3. QA Designator: QA-3
4. Government Contract or Purchase Order Number (incl. Delivery Order No)
5. From: (Contractor’s Name and Address)
6. To: (Shipment Address)
7. Markings may be applied by any means, which provide legibility
8. Additional markings required are stated below:
NONE
PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS)
Preservation, packaging and packing shall be in accordance with ASTM Designation D-3951(Latest Revision), “Standard Practice for Commercial Packaging”.
PROHIBITED PACKING MATERIALS
The use of asbestos or excelsior is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 N/A N/A N/A N/A
A001 Destination Government Destination Government
0003 Destination Government Destination Government
0004 N/A N/A N/A N/A
B001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996
INSPECTION AND ACCEPTANCE (DESTINATION)
Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. Receiving activity shall execute acceptance certificate on the applicable inspection and receiving report form: DD Form 1155, Standard Form 44, DD form 250, or the Wide Area Workflow (WAWF) Receipt and
Acceptance Receiving Report. The executed payment copy shall be forwarded to the paying office within four (4) workdays thereafter.
NOTICE OF CONSTRUCTIVE ACCEPTANCE PERIOD
Contractors are hereby advised that the constructive acceptance period established in paragraph (a) (5) (I) of FAR clause 52.232-25 (Prompt Payment) is revised to 45 calendar days in lieu of 7 working days.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 60 dys. ADC 4 PORTSMOUTH NAVAL SHIPYARD
RECEIVING OFFICER
BLDG 170, CODE 501.2
KITTERY ME 03904
207-438-5521
N39040
0002 N/A N/A N/A N/A
A001 60 dys. ADC 1 PORTSMOUTH NAVAL SHIPYARD
RECEIVING OFFICER
BLDG 170, CODE 501.2
KITTERY ME 03904
207-438-5521
0003 60 dys. ADC 4 (SAME AS PREVIOUS LOCATION)
0004 N/A N/A N/A N/A
B001 60 dys. ADC 1 PORTSMOUTH NAVAL SHIPYARD
RECEIVING OFFICER
BLDG 170, CODE 501.2
KITTERY ME 03904
207-438-5521
52.211-17 Delivery of Excess Quantities SEP 1989
52.242-15 Stop-Work Order AUG 1989
52.247-34 F.O.B. Destination NOV 1991
TIME OF DELIVERY – ACCELERATED
Unless otherwise authorized in the award, accelerated delivery is acceptable only if there is no additional cost or obligation to the Government for accelerated delivery.
(End of Clause)
CONSIGNMENT INSTRUCTIONS FOR DELIVERIES TO THE PORTSMOUTH NAVAL SHIPYARD
Consign Parcel Post shipments to Portsmouth, NH 03801.
For access to the Portsmouth Naval Shipyard (PNS), contact PNS Security Pass Office at 207-438-2235/2614.
MARK SHIPPING DOCUMENTS: “Notify Receiving Officer, Portsmouth Naval Shipyard prior to arrival for delivery instructions. Telephone: 207-438-5521/5206”.
NOTICE: CARRIER’S DRIVERS ENTERING PORTSMOUTH NAVAL SHIPYARD MUST BE UNITED
STATES CITIZENS BY BIRTH OR MUST CARRY EVIDENCE OF NATURALIZATION.
Except by special arrangement, shipments will be received only between the hours of 7:00 AM and 2:30 PM local time, Monday through Friday (Federal Holidays excepted).
Section G - Contract Administration Data
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause—
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow
(WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s
WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.204-7 System for Award Management JUL 2013
52.204-13 System for Award Management Maintenance JUL 2013
52.211-15 Defense Priority And Allocation Requirements APR 2008
52.212-1 Instructions to Offerors--Commercial Items OCT 2015
52.212-3 Alt I Offeror Representations and Certifications--Commercial Items
(JUL 2016) Alternate I
OCT 2014
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.242-13 Bankruptcy JUL 1995
52.252-2 Clauses Incorporated By Reference FEB 1998
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information
Controls
DEC 2015
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
DEC 2015
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Nov 2014)
NOV 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.239-7017 Notice of Supply Chain Risk NOV 2013
252.239-7018 Supply Chain Risk OCT 2015
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
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 __
The material was manufactured by:
(Name): ____________________________________________________
(Address): ___________________________________________________
(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:
Government Selling Agency: ______________________________________
Contract Number: _________ _______________________________________
Contract Date: (Month, Year):_________________________________________
Other Source: ______________________________________________
Address:_____________________________________________
Date Acquired: (Month/Year) _____________________________
(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.)
Contract Number ______________________________________
National Stock Number (NSN)_________________________________________
Commercial and Government Entity (CAGE) Code___________________________
Part number_______________________________________
Other markings/data_________________________________
(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:
Agency ______________________________________________
Contract Number________________________________________
(8) The material is manufactured in accordance with a specification or drawing.
Yes __ No __
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 __
Specification/Drawing Number ___________________________________
Revision (if any) _______________________________________________
Date_________________________________________________________
(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 __.)
___ When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government. Describe and/or attach.
(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.
BUSINESS SYSTEMS MODERNIZATION (BSM) DELIVERY TERMS AND EVALUATION
(a) This acquisition is being conducted under business systems modernization (BSM). Quotes/offers in response to this solicitation will be evaluated as specified in the solicitation.
(b) Delivery shall be quoted/offered in terms of a number of days after date of order (ADO). The number of delivery days requested in this solicitation is calculated based on the Government’s planned need and customer requirements. Unless delivery is identified elsewhere in the solicitation as an evaluation factor, Quoters/Offerors are encouraged to conform their delivery terms as closely as possible to the delivery days requested. If delivery is not identified as an evaluation factor, there will be no evaluation preference, or penalty, for quotes/offers of fewer delivery days than the number of delivery days requested by the Government. Quoting/offering a greater number of delivery days than requested may result in the quote/offer not being considered
(End of Provision)
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.
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.
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:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR
15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.
Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19
U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41
U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.
111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41
U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)
(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (Oct 2015) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-
Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in
22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May
2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
X (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(June, 2016) (E.O. 13693).
____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s
13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter
83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
____ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.
3332).
____ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July
2013) (31 U.S.C. 3332).
____ (56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple
Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY
2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The…
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