15._SPMYM4-16-Q-0390.pdf

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POWER SUPPLY Federal contract opportunity
Solicitation number
SPMYM4-16-Q-0390
Issued by
Defense Logistics Agency Land and Maritime

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POWER SUPPLY RFQ

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DLA MARITIME PEARL HARBOR

JEWEL LEESA ICHINOSE

COMPETIVIE SOURCING DIV

667 SAFEGUARD ST.

JBPHH HI 96860-5033

808-473-8000 5204

808-471-1030

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

X

D0A30

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

SPMYM4-16-Q-0388 07-Apr-2016

b. TELEPHONE NUMBER

808-473-8000 X5204

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 15 Apr 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

SPMYM4

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE N32253 16. ADMINISTERED BY

DLA DISTRIBUTION

MIKE WATTERS

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPPH HI 96860-5033

TEL: 808-473-8000 X-4960 FAX: 808-471-1133

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JEWEL-LEESA BENJAMIN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

333911

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N322536035A079

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SPMYM4-16-Q-0388

Section SF 30 - BLOCK 14 CONTINUATION PAGE

IMPORTANT RFQ INFO

PURCHASING AGENT: Jewel-Leesa Ichinose TEL: 808-473-8000 X5204 E-MAIL: jewel-leesa.ichinose@dla.mil FAX: 808-471-1030

THE DOD AND NAVY REQUIRE PAPERLESS DISTRIBUTION OF PURCHASE ORDERS,

CONTRACTS, AND MODIFICATIONS. PLEASE PROVIDE YOUR E-MAIL ADDRESS BELOW:

PLEASE PROVIDE THE FOLLOWING INFORMATION SO YOUR COMPANY CAN BE ENTERED INTO

OUR COMPUTER SYSTEM

CAGE Code (Commercial & Government Entity No.) _____________ DUNS (Dun & Bradstreet) No. _________________________ SAM (System for Award Management) Yes No (circle one)

TAX ID NO. (TIN) _________________________

WITHOUT THE ABOVE INFORMATION AN ORDER MAY NOT BE AWARDED AND YOUR QUOTE

MAY NOT BE FAIRLY EVALUATED. PLEASE CALL 808-473-8000 EXT 5204 WITH ANY QUESTIONS.

The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specified otherwise in the offer.

THE FOLLOWING INFORMATION MUST BE PROVIDED OR YOUR QUOTE MAY NOT BE

ACCEPTED.

Provide your best delivery schedule:

Estimated delivery to Pearl Harbor days weeks months

Business size (in accordance with Federal Government Standards)

□ Small □ Large □ Woman-Owned □ Disadvantaged □ Other

Prompt Payment Terms_______% _______Days NET ______

If on GSA Contract: [ ] GSA Contract #____________________Expiration Date: ______

IF PRICING IS ON “OR EQUAL” BRAND, PLEASE PROVIDE COPY OF

LITERATURE/SPECIFICATIONS, MAKE AND MODEL OF ITEM BEING OFFERED.

VENDOR SHALL COMPLETE AND RETURN THE FOLLOWING PRICE INFORMATION: PRICES ARE

BASED ON (Check one or more)

(1) [ ] Commercial catalog/published price list number _______________ date_________page________. ATTACH APPLICABLE CATALOG/PRICE LIST PAGE.

Note: If quoted prices exceeds catalog/published price, explain

(2) Unpublished or internal Price List No. ______________

State means of verification:

Prices audited and approved by DCAA/DCASR ______________________ Last audit was on ________________________ (date).

(3) Sales history of this item for at least the last 12 months:

Government Commercial Sales dollar Volume:

Quantity of units sold:

Unite Price:

Contract number:

Award date:

METHOD OF PAYMENT IS GOVERNMENT PURCHASE CARD:

FAR Clause 52.232-36 is applicable to this solicitation. Please note that the Government wide purchase card will be used as the method of payment for supplies and/or services procured under this solicitation. If you are not able to accept payment by credit card, please provide reason(s) below:

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

LOCK,VALVE SPRING R

FFP

LOCK,VALVE SPRING RVALVE LOCKING DEVICE, ITEM 34 OF DWG

258759, ASSEMBLY A OF DWG 259226 REV. C.

***SUBSAFE***

FOB: Destination

NSN: 4310-01-384-0912

MILSTRIP: N322536035A079

MFR PART NR: 258759 ITEM 34

PURCHASE REQUEST NUMBER: N322536035A079

PROJECT: NM1

NET AMT

SUBSAFE MATERIAL QUALITY

NON‐LEVEL SUBSAFE MATERIAL

SMIC Q5

CONTRACT REQUIREMENTS SECTION C

1 Quality System Requirements ‐ The Contractor furnishing items under this contract/purchase order shall provide and maintain a quality system in accordance with MIL‐I‐45208 or ISO9001:2008 (except as amplified or modified herein) with the calibration system requirements of MIL‐STD‐45662 or ISO10012 or ANSI‐Z540.1. Quality systems in accordance with ISO9001:2000, ISO9001:1994, or ISO9002:1994 are acceptable alternates.

1.1 The Contractor's quality system and products supplied under the system are subject to evaluation, verification inspection, and acceptance/non acceptance by the Government representative to determine the system's effectiveness in meeting the quality requirements established in the Contract/Purchase Order.

1.2 The Contractor's quality system shall be documented and shall be available for review by the Contracting Officer or his representative prior to initiation of production and throughout the life of the contract. The Prime Contractor shall, upon notification, make his facilities available for audit by the contracting Officer or his authorized representative.

1.3 See CDRL DI‐QCIC‐81110 (Inspection System Procedures) ‐ All suppliers of SUBSAFE/Non‐Level (Q5) material are required to submit a copy of their current documented quality system procedures to the Procurement Contracting Officer (PCO) prior to award of any contract/purchase order. Suppliers that have a copy of their current quality system procedures on file at the Procuring Activity may request the PCO waive this requirement.

1.4 This contract provides for the performance of Government Quality Assurance at source. The place or places of performance may not be changed without the authorization of the Procurement Contracting Officer. Upon receipt of this order, promptly notify the Government representative who normally services your plant so that appropriate planning for Government inspection can be accomplished. If you do not have an assigned Government representative, notify the nearest Defense Contract Management Agency (DCMA) Office. In the event that a local Government representative or DCMA Office cannot be located, our purchasing agent should be notified immediately.

1.5 Any changes made by the Contractor to a qualified quality system will require concurrence by the Government Quality Assurance Representative prior to adoption.

2 Contractor Inspection Requirements ‐ The Contractor shall maintain adequate records of all inspections and tests. The records shall indicate the nature and number of observations made, the number and type of deficiencies found, the quantities approved and rejected and the nature of corrective action taken as appropriate.

2.1 The supplier's gages, measuring and test equipment shall be made available for use by the Government representative when required to determine conformance with Contract requirements. When conditions warrant, the supplier's personnel shall be made available for operations of such devices and for verification of their accuracy and condition.

2.2 All documents and reference data applicable to this contract shall be available for review by the Government representative. Copies of documents required for Government inspection purposes shall be furnished in accordance with the instructions provided by the Government representative.

3 Responsibility for Inspection ‐ Unless otherwise specified in the contract/purchase order, the Contractor is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified in the contract/purchase order, the Contractor may use his own or any other facilities suitable for the performance of the inspection requirements specified herein, unless disapproved by the Government. The Government reserves the right to perform any of the inspections set forth in the specification where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.

4 Subcontractor Inspection Requirements ‐ The Government has the right to inspect at source, any supplies or services that were not manufactured or performed within the contractor's facility. Such inspection can only be requested by or under authorization of the Government representative. Any purchasing documents to a subcontractor must cite the applicable portions of the contractually invoked quality system (e.g. calibration requirements), plus any product requirements to apply to the supplies being purchased. When the Government elects to perform source inspection at the subcontractor's facility, applicable purchase documents shall be annotated with the following statement: " A Government inspection is required prior to shipment from your plant. Upon receipt of this order, promptly notify the Government representative who normally services your plant so that appropriate planning for Government inspection can be accomplished. If you do not have an assigned Government representative, notify the nearest Defense Contract Management Agency (DCMA) Office. In the event that a local Government representative or DCMA Office cannot be located, our purchasing agent should be notified immediately."

5 Final Inspection ‐ The following inspection shall be performed prior to shipping material.

5.1 Material Sampling ‐ Material shall be inspected for form, fit, and function. Lot acceptance shall be based on zero defects and lot rejection based on one defect. The sample size shall be in accordance with the sampling plan(s) in the applicable military specification or standard, federal specification or standard, or drawing to which the material was manufactured. In the absence of such sampling plans, sampling inspection shall be per ANSI/ASQ‐Z1.4, general inspection level II (for sample size selection code), table IIA (for sample size). SMALL LOT SIZES ‐ For lot sizes of fifty or less, the minimum sample size shall be eight units. For lot sizes of eight or less, the sample size shall be one hundred percent of the lot.

5.2 Material shall be inspected for form, fit, and function in accordance with the sampling plan(s) in the applicable military specification or standard, federal specification or standard, or drawing to which the material was manufactured. The absence of such sampling plans, sampling inspection shall be per ANSI/ASQ‐Z1.4, general inspection level II (for sample size selection code), table IIA (for sample size) with lot acceptance based on zero defects and lot rejection based on one defect. Due to the high consumer risk associated with small sample sizes, the minimum sample size shall be eight units (for lot sizes of fifty or less) or one hundred percent (for lot sizes of eight or less).

5.3 The Manufacturer may elect to use Statistical Process Control (SPC) to assure product quality in lieu of the above attribute sampling plan, provided that the SPC methodology/system used provides acceptable products to the Government. However, the Government/Navy Receipt Inspection Activity may perform their acceptance inspection of the material using the attribute sampling plan outlined above.

6. See CDRL DI‐MISC‐80678 (Special Emphasis SUBSAFE/Non‐Level I Material C of C) ‐ The certificate of compliance shall contain:

1. Contractor's name, address, phone number and date.

2. The contract issuing agency's Contract/Purchase Order number.

3. The national stock number (NSN).

4. Government nomenclature (noun name) of the item purchased.

5. Contractor's nomenclature (noun name) of item purchased.

6. Component Serial Number.

7. Contractor's or authorized personnel's signature.

8. A statement to the effect that all items furnished on this contract are in full compliance with the specifications and requirements. Submission shall be in accordance with the Contract Data Requirements List (DD Form 1423).

7. Configuration Control ‐ The Contractor shall maintain the total equipment baseline configuration. Baseline configuration is the configuration documentation formally designated by the Government at a specific time during an items life cycle. The configuration baseline, plus approved changes to the baseline, constitutes the current approved configuration documentation. For items of proprietary design, Contractor drawings showing the latest assembly configuration shall be provided to the Government in electronic (C4) format. Definitions are provided elsewhere in the Contract/Purchase Order.

7.1 Waivers/Deviations ‐ All waivers and deviations, regardless of significance or classification require review and approval by the Contracting Officer. Waivers and Deviations shall be designated as Critical, Major, or Minor. The Contractor shall provide a copy of this request to the QAR. Requests for Waivers/Deviations shall be submitted to the PCO. NAVSUP WSS N00104 Waivers/Deviation requests shall be submitted to the PCO or via ECDS (Electronic Contractor Data Submission) system. This system can be found at:

https://nslcweb32.nslc.navy.mil/ A PKI is required for registration.

Vendor/Contractor User Guide is available as CSD001 in ECDS.

A waiver is defined as a written authorization to accept an item, which during manufacture, or after having been submitted for Government inspection or acceptance, is found to depart from specified requirements, but nevertheless is considered suitable for use as is or after repair by an approved method.

A deviation is defined as a specific written authorization (granted prior to the manufacture of an item) to depart from a particular requirement(s) of an item's current approved configuration documentation for a specific number of units or a specified period of time, and to accept an item which is found to depart from specified requirements, but nevertheless is considered suitable for use "as is" or after repair by an approved method.

A Critical Waiver/Deviation consists of a departure involving safety.

A Major Waiver/Deviation consists of a departure involving:

‐ Performance.

‐ Interchangeability, Reliability, Survivability, Maintainability, or Durability of the item or its repair parts.

‐ Health or Safety.

‐ Effective Use or Operation.

‐ Weight, Stability, or Structural Integrity.

‐ System design parameters as schematics, flows, pressures or temperatures.

‐ Compartment arrangements or assigned function.

A Minor Waiver/Deviation consists of a departure which does not involve any of the factors listed as critical or major.

All Waivers/Deviation requests shall include the information listed below:

a. A complete description of the contract requirement affected and the nature of the waiver/deviation (non-conformance), including a classification of Critical, Major, or Minor.

b. Number of units (and serial/lot numbers) to be delivered in this configuration.

c. Any impacts to logistics support elements (such as software, manuals, spares, tools, and similar) being utilized by Government personnel or impacts to the operational use of the product.

d. Information about remedial action being taken to prevent reoccurrence of the non‐conformance.

7.2 ECPs ‐ The Government will maintain configuration control and change authority for all modifications or changes affecting form, fit, function, or interface parameters of the Equipment and its sub‐ assemblies. The Contractor shall submit an Engineering Change Proposal (ECP) to the PCO for any Class I or II changes that impact the Equipment covered by this contract. An Engineering Change (EC) is defined as a change to the current approved configuration documentation of a configuration item at any point in the life cycle of the item. An Engineering Change Proposal (ECP) is defined as a proposed Engineering Change and the documentation by which the change is described, justified, and submitted to the Government for approval or disapproval. A class I ECP is approved by the Government's Configuration Control Board and authorized with a contract modification. A class II change is typically reviewed for concurrence in classification by the local government representative, unless otherwise specified elsewhere in the contract/purchase order. ECPs shall be prepared in Contractor format, and shall include the following information:

a. The change priority, change classification (Class I or Class II), and change justification.

b. A complete description of the change to be made and the need for that change.

c. A complete listing of other Configuration Items impacted by the proposed change and a description of the impact on those CIs.

d. Proposed changes to documents controlled by the Government.

e. Proposed serial/lot number effectivities of units to be produced in, or retrofitted to, the proposed configuration.

f. Recommendations about the way a retrofit should be accomplished.

g. Impacts to any logistics support elements (such as software, manuals, spares, tools, and similar) being utilized by Government personnel in support of the product.

h. Impacts to the operational use of the product.

i. Complete estimated life‐cycle cost impact of the proposed change.

j. Milestones relating to the processing and implementation of the engineering change.

8. Mercury Free ‐ Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract. Mercury contamination of the material will be cause for rejection.

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 15-MAY-2016 1 DLA DISTRIBUTION

MIKE WATTERS

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPPH HI 96860-5033

808-473-8000 X-4960 FOB: Destination

N32253

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.211-14 Notice Of Priority Rating For National Defense, Emergency

Preparedness, and Energy Program Use

APR 2008

52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.214-34 Submission Of Offers In The English Language APR 1991 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 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 FEB 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity 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 52.232-36 Payment by Third Party MAY 2014 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 52.243-1 Changes--Fixed Price AUG 1987 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 252.204-7000 Disclosure Of Information AUG 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 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 Disclosure of Information to Litigation Support Contractors FEB 2014 252.211-7005 Substitutions for Military or Federal Specifications and

Standards

NOV 2005

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 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Items FEB 2014 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

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 333911.

(2) The small business size standard is 500.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

SHIPPING LABEL REQUIREMENTS – MILITARY STANDARD (MIL-STD) 129P

(a) MIL-STD-129, revision P, current version, establishes requirements for Contractors that ship packaged materiel to the Government to provide both linear bar codes and two-dimensional (2D) symbols on shipping labels (but see paragraph (d) for exceptions to the requirement for 2D symbols). Shipping labels with 2D symbols are referred to as military shipping labels (MSL). See the Defense Logistics Agency (DLA) packaging web site identified in paragraph (e) for change notices to MIL-STD-129P that apply. Linear (code 3 of 9 or code 39) bar codes continue to be required on interior packages (unit packs and intermediate packages) for the national stock number (NSN) and, when applicable, the serial number(s); and on exterior shipping containers and palletized unit loads for the NSN, commercial and Government entity (CAGE) code, contract number and, when applicable, the serial number(s). This data is also required to be linear bar-coded on the Department of Defense (DD) form 250.

(b) The shipping label described in this clause replaces former DD form 1387 and is illustrated in Figures 2a and 2b of MIL-STD-129P.

(1) The shipping label requires code 3 of 9 or code 39 linear bar codes for the transportation control number (TCN), piece number and DOD activity address code (DoDAAC) for the ultimate consignee or mark-for address.

(2) The 2D symbol on the shipping label must contain the document (requisition) number, NSN, originating activity’s routing identifier code (RIC), unit of issue, quantity, condition code, and unit price, which are ordinarily included on the DD Form 250. A complete list of data elements is defined in table IV of MIL-STD-129P.

The TCN should be part of the mark-for information on the contract. This mark-for should be directly below the ship-to address in the contract. All TCNs must be unique, and each part of a shipment (partial shipment of one or more pieces) loaded on a different conveyance requires a unique TCN. Samples of TCN construction may be found at the DLA web site identified in paragraph (e) of this clause. (A general construction of a TCN is provided below.)

Except for the TCN, which must always be present on the shipping label, when the contract omits any other data elements as defined in table IV of MIL-STD-129P and if the information is not available from the administrative contracting officer, then the field is not required as part of the shipping label and may be left blank.

TCN positions 1-14 requisition/document number

TCN position 15 Enter the suffix code; if none, enter “X”

TCN position 16 Enter “X” if not a partial shipment; if a partial shipment, enter “A” for first shipment, “B” for second shipment, etc. (see paragraph L., Appendix L, Part II of the Defense Transportation Regulation

(DTR), DOD 4500.9-R)

TCN Position 17 Enter “X”

(c) The following must comply with the requirements in table IV of MIL-STD-129P and include all applicable data elements identified in the table.

(1) All diverted or redirected outside the contiguous United States (OCONUS) direct vendor delivery (DVD) and prime vendor shipments which pass through the Defense Transportation System (DTS) via Defense Distribution depot consolidation points (see below), aerial ports of embarkation, pre-positioned ship operations sites, or the Norfolk, Virginia container freight station.

Container Consolidation Point DODAAC Defense Depot San Joaquin California (DDJC)(CCP WHSE 30) W62N2A and SW3225 Defense Depot Susquehanna Pennsylvania (DDSP)(CCP Door 135- 168)

W25N14 and SW3123

(2) Shipments for depot storage with destinations to the following OCONUS (overseas) locations:

Depot Storage Site DODAAC Defense Depot Pearl Harbor Hawaii (DDPH) SW3144 Defense Depot Yokosuka Japan (DDYJ) SW3142 Defense Depot Germersheim Germany (DDDE) SWE300 Defense Depot Sasebo Japan (DDYJ) SW3143 Defense Depot Bahrain (DDZZ) SW3107 Defense Depot Sigonella Italy (DDSI) SW3170 Defense Depot Guam (DDPH) SW3147 Defense Depot Korea (DDDK) SW3105 Defense Depot Kuwait (DDKS) SW3109

(3) Direct vendor delivery (DVD) shipments. The following additional guidance applies when bar coding

DVD shipments:

(i) In addition to other marking requirements in the contract, the following separate lines of bar coded data, with human readable interpretation (HRI) printed clearly below the element, shall be provided. No spaces shall separate the individual data elements within each line.

(a) document number and suffix. The document number consists of a 14-character (15 characters when a suffix is included) alpha-numeric code. It may be listed on a contract/award as the requisition number, transportation control number (TCN), etc. If there is no TCN, use the requisition number followed by “XXX.”

(B) National stock number (NSN). The NSN will appear as a 13-digit code without the dashes. If there is no NSN, use the CAGE and part number.

(C) ICP routing identifier code (RIC). The RIC for each procuring activity is as follows:

S9C – DLA Land and Maritime - construction S9E – DLA Land and Maritime – electronics S9F – DLA Energy – missiles S9G – DLA Aviation S9I – DLA Troop Support - general and industrial S9T – DLA Troop Support - clothing and textiles S9M – DLA Troop Support - medical materiel S9P – DLA Troop Support - perishable subsistence S9S – DLA Troop Support - semi-perishable subsistence SMP – DLA Maritime – Norfolk SMT – DLA Maritime - Puget Sound SMF – DLA Maritime - Portsmouth SMG – DLA Maritime - Pearl Harbor

(D) Unit of issue. The appropriate unit of issue (U/I) will appear as a two-digit alpha character.

(E) Quantity. The quantity will appear as a five-position number, including zero fillers on the left.

(F) The above will be followed by an “A” and eight zeros (specifically, “A00000000”).

(ii) These bar code markings shall be placed on labels affixed to either to DD Form 250 or the commercial packing list. If used on the DD Form 250, it should be in blocks 15, 16, 17, etcetera. In either case, these documents shall be furnished in packing list envelopes affixed to the outside of the shipping container.

(iii) The bar code symbology shall be code 3 of 9 (code 39) in accordance with the International Organization for Standardization (ISO)/ the International Electrotechnical Commission (IEC)- 16388.

(d) Listed below are exceptions to requirements in Table IV of MIL-STD-129P. These shipments/orders require only a DD form 250 or commercial invoice and a shipping label, with the document number (except for shipments described in subparagraph (d)(5)); NSN; RIC; unit of issue; quantity; condition code; and unit price. This data must be code 3 of 9 (code 39) bar code symbology in accordance with ISO/IEC-16388. (Although not mandatory, a military shipping label in accordance with MIL-STD-129P is acceptable for depot shipments.)

(1) Subsistence items procured through full-line food distributors (prime vendors), “market ready” type items such as fresh milk, ice cream, and other fresh dairy products, fresh bread and other fresh bakery products, and all fresh fruits and vegetables, shipped within the contiguous United States (CONUS) to customers within CONUS.

(2) Any item for which ownership remains with the vendor until the item is placed in designated locations at the customer location prior to issuance to the customer. Government control begins upon placement of the item by the vendor into the designated location or issuance from the designated location by vendor personnel (that is, the vendor is required to stock bins at the customer location and/or issue parts from a vendor controlled parts room).

(3) Bulk purchases of petroleum, oil and lubricant products delivered by (A) pipeline; or (B) tank car, tanker and tank trailer for which the container has (1) a capacity greater than 450 liter (119 gallons) as a receptacle for a liquid; (2) a maximum net mass greater than 400 kilogram (882 pounds) and a capacity greater than 450 liter (119 gallons) as a receptacle for a solid; or (3) a water capacity greater than 454 kilogram (1000 pounds) as a receptacle for a gas.

(4) Medical items procured through DVD suppliers or prime vendors that ship directly to the end customer, such as medical treatment facilities, hospitals, or clinics, and do not pass through the Defense Transportation System.

(5) CONUS-originated shipments for depot storage with destinations to the following:

Depot Storage Site DoDAAC Defense Depot Susquehanna Pennsylvania (DDSP) W25G1U and SW3124 Defense Depot San Joaquin California (DDJC) W62G2T and SW3224 Defense Depot Norfolk Virginia (DDNV) SW3117 Defense Depot San Diego California (DDDC) SW3218 Defense Depot Jacksonville Florida (DDJF) SW3122 Defense Depot Puget Washington (DDPW) SW3216 Defense Depot Cherry Point North Carolina (DDCN) SW3113 Defense Depot Columbus Ohio (DDCO) SW0700 Defense Depot Richmond Virginia (DDRV) SW0400 Defense Depot Red River Texas (DDRT) W45G19 and SW3227 Defense Depot Corpus Christi Texas (DDCT) W45H08 and SW3222 Defense Depot Tobyhanna Pennsylvania (DDTP) W25G1W and SW3114 Defense Depot Anniston Alabama (DDAA) W31G1Z and SW3120 Defense Depot Hill Utah (DDHU) SW3210 Defense Depot Oklahoma City Oklahoma (DDOO) SW3211 Defense Depot Warner Robins Georgia (DDWG) SW3119 Defense Depot Barstow California (DDBC) SW3215 Defense Depot Albany Georgia (DDAG) SW3121

(6) Delivery orders when the basic contract has not been modified to require MIL-STD-129P.

(e) MIL-STD-129P provides numerous illustrations of what should be bar-coded and the recommended placement of the bar code. Further information is available on the DLA packaging web site. In addition, DLA’s distribution and planning and management system (DPMS) is a web-based system capable of providing shipping instructions and military shipping labels. Users must first register at DLA Distribution’s website. Click “ok” then “create account” to get access to use the DPMS production site. DPMS training is available. Click “vendor application,” then “user’s guide.”

(f) A copy of ISO/IEC-16388 is available from:

The American National Standards Institute 25 West 43rd Street, New York, NY 10036 or through www.ansi.org or www.iso.org/iso/home.html.

(End of Clause)

CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION

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

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

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

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

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

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

(iv) OEM or approved/qualified source’s identifiable standard packaging, with part number (and/or

TDP with revision level) cited on the package.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Include the following information in its quotation:

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

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

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

(4) The date of the quotation; and

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

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

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

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

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

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

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

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

(1) Date;

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

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

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

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

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

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

(C) If the offered items are obtained directly from an authorized dealer or…

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