SPMYM4-20-P-0219.pdf
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6 . ISSUE D BY CODE
SPMY M420P0219
1 . CO N TRA CT/P U RCH . O RD E R/
A G RE E M E N T N O .
SPMY M4
2 . D E L IVE RY O RD E R/ CA L L N O .
22P AGE 1 OF
5 . P RIO RITY
CODE
8 . DEL IVERY FOB
DEST INAT IONX
OT HE R
(See Sch edule if o t h er)
OR D ER FOR SUPPLIES OR SER VICES
3 . D A TE O F O RD E R/CA L L
2020 A pr 22
4 . RE Q ./ P U RCH . RE Q U E ST N O .
See Schedule
SEE IT EM 6
D LA MAR ITIME PEAR L H AR BOR
N ATH AN BR ITT
C OMPETITIVE SOU R C IN G D IV
667 SAF EGU AR D ST.
J BPH H H I 96860-5033
7 . ADM INIST E RE D BY (if o th er th a n 6 )
( YYYYM M M D D )
1 0 . D E L IVE R TO FO B P O IN T BY (D ate)
( YYYYM M M D D )
F LOW IN TER N ATION AL C OR POR ATION
BR Y AN POPPEN H U SEN
23500 64TH AVE S
KEN T W A 98032-2618
CODE 1DJA 59 . CONT RACT OR FACIL IT Y
SEE SCHEDULE
1 2 . D ISCO U N T TE RM S
M A RK IF BU SIN E SS IS1 1 .
SM A L L
SM A L L
D ISA D VA N TA G E D
W O M E N -O W N E D
1 3 . M AIL INVOICE S T O T HE ADDRESS IN BLOCK
See Item 15
2 5 . T OT AL $45,790.60
D LA D ISTR IBU TION
GOVER N MEN T R EPR ESEN TATIVE
R EC EIVIN G D EPT, C OD E Z 0S
667 SAF EGU AR D ST, BLD G 167-1
J BPH H H I 96860-5033
1 7 . ACCOUNT ING AND AP P ROP RIAT ION DAT A/ L OCAL USE
CODE
1 8 . IT E M NO. 1 9 . SCHEDUL E OF SUP P LIE S/ SERVICE S
* If q u a n t i ty a ccep ted b y th e G o ver n m en t is s a m e a s q u a n t i ty a ccep ted b elo w q u a n t i ty o r d er ed a n d en cir cle.
DE L IVE RY/1 6 .
1 4 . SHIP T O
Se e Sche dule
N 32253 N 68732
MARK ALL
P AC KAG ES AND
P AP ERS W ITH
IDENTIFIC ATIO N
NUMB ERS IN
B LO C KS 1 AND 2 .
2 3 . AM OUNT
1 5 . P AYM ENT W IL L BE M ADE BY CODE
D EF EN SE F IN AN C E AN D AC C OU N TIN G SER V
ATTN . SB-39 AC C OU N TS PAY ABLE
1240 EAST 9TH STR EET
C LEVELAN D OH 44199-0822
Th is d el iv ery o rd er/cal l i s i s s u ed o n an o th er G o v ern men t ag en cy o r in acco rd an ce w i th an d s u b ject to terms an d co n d i t io n s o f ab o v e n u mb ered co n tract .
T YP E CAL L
OF P URCHASE X
ORDE R
SEE SCHEDULE
24. UNITED STATES OF AMERICA
TEL: 808-473-8000 x5505
EMAIL: nathan.w.britt@navy.mil
CONTRACTING / ORDERING OFFICER
q u a n t i ty o r d er ed , in d ica te b y X . If d i f f er en t , en ter a ctu a l
BY: Nathan W. Britt
If t h is bo x is m ark ed, sup p lier m ust sign Accep t an ce an d ret urn t h e fo llo win g n um ber o f co p ies:
NAM E OF CONT RACT OR SIGNAT URE T YP E D NAM E AND T IT L E
( YYYYM M M D D )
DAT E SIGNE D
ACCE P T ANCE. T HE CONT RACT OR HE REBY ACCE P T S T HE OFFE R REP RESE NT ED BY T HE NUM BE RED P URCHASE ORDE R AS IT M AY P REVIOUSL Y HAVE BEE N OR IS NOW M ODIFIE D, SUBJE CT T O AL L OF T HE T E RM S
AND CONDIT IONS SE T FORT H, AND AGRE ES T O P ERFORM T HE SAM E.
Referen ce y o u r q u o te d ated
Fu rn is h th e fo l lo w in g o n terms s p eci fied h erein . REF :
2 0 . QUANT IT Y
ORDERE D/
ACCE P T ED*
2 1 . UNIT 2 2 . UNIT P RICE
D IFFE RE N CE S
2 6 .
INSP E CT E D RE CE IVED ACCEP T E D, AND CONFORM S T O T HE
CONT RACT EXCEP T AS NOT E D
2 7 a. QUANT IT Y IN COL UM N 2 0 HAS BE E N
( YYYYM M M D D )
c. DAT E d. P RINT E D NAM E AND T IT L E OF AUT HORIZ ED
GOVERNM E NT RE P RE SENT AT IVE
b. SIGNAT URE OF AUT HORIZ E D GOVE RNM E NT RE P RE SENT AT IVE
e. M AIL ING ADDRE SS OF AUT HORIZ ED GOVE RNM ENT REP RESE NT AT IVE
36. I ce r tify th is account is cor re ct and prope r for paym e nt.
g. E -M AIL ADDRESSf. T EL EP HONE NUM BE R
a. DAT E
( YYYYM M M D D )
b. SIGNAT URE AND T IT LE OF CE RT IFYING OFFICE R
2 8 . SHIP NO. 2 9 . DO VOUCHER NO. 3 0 .
INIT IAL S
3 2 . P AID BY 3 3 . AM OUNT VE RIFIED
CORRE CT FOR
3 5 . BIL L OF LADING NO.
3 4 . CHE CK NUM BE R
3 7 . RE CEIVED AT 3 8 . RECE IVE D BY
( YYYYM M M D D )
3 1 . P AYM E NT
COM P L ET E
P ART IAL
FINAL
P ART IAL
FINAL
DD For m 1155, DEC 2001 P RE VIOUS EDIT ION IS OBSOL ET E .
3 9 . DAT E RE CE IVED 4 0 . T OT AL
CONT AINERS
4 1 . S/R ACCOUNT NO. 4 2 . S/R VOUCHE R NO.
AD D R ESS
AN D
N AME
* S O L E S O U R C E P R O C U R E M E N T * N O N - C O M P E T I T I O N
SPMYM420P0219
Section SF 30 - BLOCK 14 CONTINUATION PAGE
IMPORTANT PO INFO
VENDOR TO MARK BOXES/PKGS WITH THE FOLLOWING INFORMATION:
PURCHASE ORDER NO: SPMYM4-20-P-0219
REQN NO: EACH BOXED/PACKAGE SHOULD BE MARKED WITH THE MILSTRIP OF
THE ITEM IN WHICH IS PACKED.
WITHOUT THIS INFORMATION MATERIAL CANNOT BE PROCESSED WHEN
RECEIVED AND WILL INDICATE NON DELIVERY IN PEARL HARBORS SYSTEM.
CONTRACTOR MAY BE PENILIZED FOR LATE DELIVERY.
DLA LAND AND MARYTIME PEARL HARBOR CODE HMD-A POC:
Purchasing Agent: NATHAN BRITT Tel: 808-473-8000 ext. 5505 FAX: 808-471-1030 e-mail: Nathan.w.britt@navy.mil
ALL MODIFICATION REQUESTS MUST BE IN WRITING & FAXED OR E-MAILED
TO THE BUYER LISTED ABOVE.
The contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of an contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting in the referenced solicitation.
The SAM registration shall be the same name and address identified on the contract, with it associated CAGE code and DUNS or DUNS +4
Contractors may obtain information on registration and annual confirmation requirement via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.
CLAUSES INCORPORATED BY FULL TEXT
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).
INVOICE ONLY
(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.
N32253
(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 N68732 Issue By DoDAAC SPMYM4 Admin DoDAAC SPMYM4 Inspect By DoDAAC N32253 Ship To Code N32253 Ship From Code Mark For Code Service Approver (DoDAAC) N32253 Service Acceptor (DoDAAC) N32253 Accept at Other DoDAAC LPO DoDAAC N32253 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.
PHNSY & IMF COMPTROLLER CODE 610.4
E-MAIL: PRLH_PHNS_C630_CONTRACT@NAVY.MIL
(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.
PHNSY & IMF COMPTROLLER CODE 610.4
E-MAIL: PRLH_PHNS_C630_CONTRACT@NAVY.MIL
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
INQUIRIES REGARDING PAYMENT OF INVOICES / STATEMENTS MAY BE
DIRECTED TO DFAS CLEVELAND – CUSTOMER SERVICE SECTION @ 1-800-756-4571
OPTION 2, OPTION 4; OR PHNSY/IMF CODE 610.4 FAX: 808-471-5031 OR E-MAIL:
PRLH_PHNSY_C630_CONTRACTS@NAVY.MIL
***For payment inquiries, please contact the individuals listed directly above*** (End of clause)
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 15 Each $1,767.05 $26,505.75
55K UHP HOSE 8MM
FFP
55K UHP HOSE 8MMHOSE ASSY, 8MM, STR, TYPE M, 50' LENGTHS,
FLOW INTL P/N 711476-50. USED IN 55K UHPWJ EQPT FOR MIP RMVL,
OEM DIRECT REPL PARTS FOR A-3000 JETLANCE 55K UHPWJ
MACHINE, PARTS CHANGED APPROX EVERY 200 HRS OF USE.
FOB: Destination
MILSTRIP: N322530057C550
MFR PART NR: 711476-50
PURCHASE REQUEST NUMBER: N322530057C550
PROJECT: 6R3
PSC CD: 4720
NET AMT $26,505.75
ACRN AA
CIN: N322530057C5500001
$26,505.75
0002 10 Each $1,458.69 $14,586.90
55K UHP HOSE 5MM
FFP
55K UHP HOSE 5MMHOSE ASSY, 55 KSI, TYPE M, 5MM, 50' LENGTHS,
FLOW INTL P/N 711475-50. USED IN 55K UHPWJ EQPT FOR MIP RMVL,
OEM DIRECT REPL PARTS FOR A-3000 JETLANCE 55K UHPWJ
MACHINE, PARTS CHANGED APPROX EVERY 200 HRS OF USE.
FOB: Destination
MILSTRIP: N322530057C551
MFR PART NR: 711475-50
PURCHASE REQUEST NUMBER: N322530057C551
NET AMT $14,586.90
ACRN AB
CIN: N322530057C5510002
$14,586.90
0003 5 Each $656.43 $3,282.15
55K UHP WHIP HOSE
FFP
55K UHP WHIP HOSEHOSE ASSY, TYPE M, 55K SHLD, 5MM, FLOW INTL
P/N 711475-15. USED ON A-3000 JETLANCE FOR 40K 55K UHPWJ EQPT
FOR MIP RMVL, OEM DIRECT REPL PARTS FOR A-3000 JETLANCE GUN
ASSY.
FOB: Destination
MILSTRIP: N322530057C552
MFR PART NR: 711475-15
PURCHASE REQUEST NUMBER: N322530057C552
NET AMT $3,282.15
ACRN AC
CIN: N322530057C5520001
$3,282.15
0004 100 Each $6.03 $603.00
SEAL,STATIC,HP TUBE
FFP
SEAL,STATIC,HP TUBESEAL, HIGH PRESSURE TUBING, 3/8" OD, FLOW
INTL P/N 310010. USED ON A-3000 JETLANCE SWIVEL ASSY 55K PSI,
UHPWJ EQPT FOR MIP RMVL, OEM DIRECT REPL PARTS FOR FLOW
INTL UHPWJ 55K MACHINE, SERVICE LIFE 12 HRS OR LESS.
FOB: Destination
MILSTRIP: N322530057C553
MFR PART NR: 310010
PURCHASE REQUEST NUMBER: N322530057C553
NET AMT $603.00
ACRN AD
CIN: N322530057C5530004
$603.00
0005 20 Each $8.84 $176.80
DYNA-SYNC BELT
FFP
DYNA-SYNC BELT3/8" WIDE, DYNA-SYNC; TIMING BELT. PARTS USED
ON A-3000 JETLANCE 55K PSI, UHWP MIP RMVL; SERVICE LIFE 100 HRS
OR LESS. FLOW P/N: A-9718. OEM DIRECT REPLACEMENT PARTS FOR
FLOW UHWP 40K 55K MACHINE
FOB: Destination
MILSTRIP: N322530057C554
MFR PART NR: A-9718
PURCHASE REQUEST NUMBER: N322530057C554
NET AMT $176.80
ACRN AE
CIN: N322530057C5540005
$176.80
0006 100 Each $6.36 $636.00
SEAL ASSY; SWVL; 55K
FFP
SEAL ASSY; SWVL; 55KSEAL ASSY; SWVL; 55 KSI; PARTS USED ON A-
3000 JETLANCE SWIVEL ASSY 55K PSI; UHPW MIP RMVL; SERVICE LIFE
12 HRS OR LESS. FLOW P/N 303204-01. OEM DIRECT REPLACEMENT
PARTS FOR FLOW UHWP 55K MACHINE.
FOB: Destination
MILSTRIP: N322530057C555
MFR PART NR: 303204-01
PURCHASE REQUEST NUMBER: N322530057C555
NET AMT $636.00
ACRN AF
CIN: N322530057C5550006
$636.00
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 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 08-MAY-2020 15 DLA DISTRIBUTION
GOVERNMENT REPRESENTATIVE
RECEIVING DEPT, CODE Z0S
667 SAFEGUARD ST, BLDG 167-1
JBPHH HI 96860-5033
808-473-8000 X4961 FOB: Destination
N32253
0002 08-MAY-2020 10 (SAME AS PREVIOUS LOCATION)
0003 08-MAY-2020 5 (SAME AS PREVIOUS LOCATION)
0004 08-MAY-2020 100 (SAME AS PREVIOUS LOCATION)
0005 08-MAY-2020 20 (SAME AS PREVIOUS LOCATION)
0006 08-MAY-2020 100 (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
ACCOUNTING AND APPROPRIATION DATA
AA: 1701804 7B4B 000 A2253 056521 2D 57C550
COST CODE: 3878211105
AMOUNT: $26,505.75
AB: 1701804 7B4B 000 A2253 056521 2D 57C551
COST CODE: 3878211105
AMOUNT: $14,586.90
AC: 1701804 7B4B 000 A2253 056521 2D 57C552
COST CODE: 3878211105
AMOUNT: $3,282.15
AD: 1701804 7B4B 000 A2253 056521 2D 57C553
COST CODE: 3878211105
AMOUNT: $603.00
AE: 1701804 7B4B 000 A2253 056521 2D 57C554
COST CODE: 3878211105
AMOUNT: $176.80
AF: 1701804 7B4B 000 A2253 056521 2D 57C555
COST CODE: 3878211105
AMOUNT: $636.00
ACRN CLIN/SLIN CIN AMOUNT
AA 0001 N322530057C5500001 $26,505.75
AB 0002 N322530057C5510002 $14,586.90
AC 0003 N322530057C5520001 $3,282.15
AD 0004 N322530057C5530004 $603.00
AE 0005 N322530057C5540005 $176.80
AF 0006 N322530057C5550006 $636.00
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-5 Material Requirements AUG 2000 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991 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 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016)
DEC 2016
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
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.
PHYSICAL ITEM IDENTIFICATION/BARE ITEM MARKING – DLA LAND AND MARITIME
Unless authorized by exclusions listed below, all items shall be marked as specified in military standard (MIL-STD) 130N. The following DLA Land and Maritime supplemental marking requirements shall take precedence in case of conflict with MIL-STD-130N.
DLA Land and Maritime Exclusion:
(a) Unless the design control document specifically cites other marking requirements, the item will be considered too small to mark under the conditions listed below (however, 52.211-9035, Marking Requirements, applies):
(1) For federal supply classes (FSCs) 5905, 5910, 5935, 5961, 5962, and 5999, items smaller than .100 inch in diameter and .250 inch in length or .100 inch square X .250 inch in length, exclusive of wire leads, will not be marked.
(2) Other FSCs managed by DLA Land and Maritime will not be marked if the item is smaller than .250 inch in diameter X .500 inch long or .250 inch square X .500 inch long, exclusive of wire leads.
(3) Restrictions (1) and (2) above will not preclude marking of items of smaller dimensions if it is the manufacturers or vendor's standard practice to do so.
(b) No other physical item marking exclusions are authorized unless specified by MIL-STD-130N.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xix) 52.225-26, 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).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.232-1 PAYMENTS (APR 1984)
The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if--
(a) The amount due on the deliveries warrants it; or
(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.
DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION
(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.
(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal.
Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.
(c) The offeror should check here to opt out of this clause:
[ ] Alternate wording may be negotiated with the Contracting Officer.
52.242-15 STOP-WORK ORDER (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;
provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State laws and regulations promulgated pursuant thereto.
(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration of government identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not offered or supplies transferred from the Government's account to the cold storage Contractor's account at origin or destination. (For product rejected at destination and returned to the Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal or obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector.
REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM)
(a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract. and/or when WPM is being acquired under this contract.”
(b) Definition.
Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).
(c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.
(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/).
(2) All WPM shall include certification/quality markings in accordance with the ALSC standard.
Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved dunnage stamp.
(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Clauses: http://acquisition.gov/far/ DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any insert regulation name (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS
(NOV 2005)
(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.
(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2).
(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall--
(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted;
(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;
(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and
(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.
(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contract shall use the following SPI processes in lieu of military or Federal specifications or standards:
(Offeror insert information for each SPI process)
SPI Process:________________________________
Facility:____________________________________
Military or Federal Specification or Standard:_______________
Affected Contract Line Item Number, Subline Item Number, Component, or Element:_________________
(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror--
(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but
(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.
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