SPMYM417Q0635.pdf

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STUFFING TUBE, FLEX CONDUIT, AND CONDUIT FITTING Federal contract opportunity
Solicitation number
SPMYM417Q0635
Issued by
Defense Logistics Agency Land and Maritime

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DLA DISTRIBUTION

MIKE WATTERS

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

TEL: 808-306-1932 FAX: 808-471-1133

SEE SCHEDULE

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

DO-A3SPMYM417Q0635 19-Sep-2017

5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

DLA MARITIME PEARL HARBOR

LYNDON PALOMA

COMPETITIVE SOURCING DIV

667 SAFEGUARD ST

JBPHH HI 96860-5033

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ] FOB

DESTINATION

[ ] OTHER X

(See Schedule)

25-Sep-2017(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

808-473-8000LYNDON G. PALOMA

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

SPMYM417Q0635

Section SF 30 - BLOCK 14 CONTINUATION PAGE

IMPORTANT INFORMATION

LYNDON PALOMA TEL: 808-473-8000 X4040

E-MAIL: Lyndon.paloma@navy.mil FAX: 808-471-1030

THE DOD AND NAVY REQUIRE PAPERLESS DISTRIBUTION OF PURCHASE ORDERS, CONTRACTS,

AND MODIFICATIONS. PLEASE PROVIDE YOUR

E-MAIL ADDRESS:_______________________________________

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) _________________________

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.

SINGLE AWARD – The Government intends to award a single contract resulting from this solicitation. 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.

Material is required to be delivered within 30 DAYS OR BEST DELIVERY after receipt of order (ARO)

If the required delivery cannot be met, an alternate delivery schedule may be considered. Provide your best delivery schedule:

__Y / N____FOB Destination, if not please provide shipping cost estimate $___________ and shipping Origin (City and State)___________________.

Shipping Method: _____________

Estimated delivery time (lead time + transit time): ________________ days/weeks/months.

__Y / N___ Product is Made in USA or TAA/BAA compliant?

Business size (in accordance with Federal Government Standards)

Small ____ Large ____Women-Owned____ Disadvantaged _____ Other_____

Prompt Payment Terms_______% _______Days NET ______

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

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:

Vendors are requested to furnish the following Information with their offers: (If Applicable)

UNIT COSTS

1. Purchase Part ___________

2. Raw Material ___________

3. Labor: _______hours, $_______/hour ___________

4. Manufacturing Overhead_______% ___________

5. Other Costs (packing, transportation, etc.) ___________

6. G&A Expense_______ % ___________

7. Profit_________% ___________

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:

***IF YOU ARE PROVIDING A PREVIOUSLY APPROVED FIRST ARTICLE TEST REPORT WITH YOUR

QUOTE FOR THIS SOLICITATION AND IT IS APPROVED THE METHOD OF PAYMENT CAN BE BY

GOVERNMENT PURCHASE CARD.

IF NOT THEN PAYMENT WILL BE VIA WAWF, WIDE AREA WORK FLOW:

DFAR Clause 252.232-7003 (MAR 2008) ¬ELECTRONIC SUBMISSION OF PAYMENT REQUEST AND

RECEIVING REPORTS is applicable to this solicitation. Please note that the WAWF (Wide Area Work Flow) will be used as the method of payment for supplies and/or services procured under this solicitation. Information regarding WAWF is available on the internet at https://wawf.eb.mil. If you are not able to accept payment by

WAWF please provide the reason(s) below:

PACKAGING AND MARKING INSTRUCTIONS

VENDOR TO PACK THE CERTIFICATIONS IN THE BOXES/PKGS (IF APPLICABLE)

VENDOR TO MARK BOX WITH THE FOLLOWING INFORMATION:

(1) PURCHASE ORDER NO

(2) LINE ITEM NO

** **IF CONTRACT HAS MULTIPLE LINE ITEMS, PLEASE MARK EACH ITEM WITH APPROPRIATE

LINE ITEM NUMBER (CLIN) AND BAG SMALL ITEMS SEPARATELY PER LINE ITEM**

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

STUFFING TUBE SWIVEL

FFP

FIRST ARTICLE TESTING / PPIRS / MATERIAL REQUIREMENTS.

PURCHASE REQUEST NUMBER: N3225372202718

NET AMT

0001AA 6 Each

STUFFING TUBE SWIVEL

FFP

CONDUIT FITTING, STUFFING TUBE "G" ADAPTER PASSIVATED CRES

316L MALE SWIVEL 1-1/2"12UNEF X DASH 32 CONDUIT END,

ENTRACO PART NUMBER: AX0685-4832-SP.

DWG#: AX#685-TAB REVISION-, SHEETS 1& 2, FIGURE 1 & TABLE 1

THRU TABLE 3, & NAVSEA DRAWING 474-7402050 REVISION-A.

ORDERING DATA:

A) CONDUIT SYSTEMS, FLEXIBLE, WEATHERPROOF; MIL-PRF-

24758A(SH) DTD 24SEP04;

B) FIRST ARTICLE TESTING REQUIRED IAW WITH ATTACHED SHEET;

MAY BE WAIVED IF PURCHASED FROM PREVIOUSLY QUALIFIED

VENDOR LISTED BELOW;

C) AND D) AS SPECIFIED;

E) COMMERCIAL

FOB: Destination

MILSTRIP: N3225372202718

MFR PART NR: AX0685-4832-SP

PC NR: NONE

PROJECT: NM1

0001AB 1 Lot

FIRST ARTICLE TESTING

First Article Inspection required-Contractor Testing

MIL-PRF-24758A(SH) of 24 September 2004

First Article Inspection required in accordance with paragraph 4.2 and table II of specification.

Test reports shall be per DI-NDTI-80809B.

First article sample.

Sample size per paragraph 4.3.1of the specification (3 each)

Approval of first article test results by Pearl Harbor Naval Shipyard & IMF.

"The Government reserves the right to waive the requirements for samples for first article inspection to those bidders offering a product which has been previously acquired or tested by the Government, and that bidders offering such products, who wish to rely on such production or test, must furnish evidence with the bid that prior Government approval is presently appropriate for the pending contract''.

Disposition of first articles through commercially acceptable practices.

FLEX CONDUIT

FIRST ARTICLE TESTING / PPIRS / MATERIAL REQUIREMENTS

PURCHASE REQUEST NUMBER: N3225372202719

0002AA 50 Foot

FLEX CONDUIT

FFP

FLEX CONDUIT, MIL-PRF-24758A, 1" OUTSIDE DIAMETER, BRASS CORE,

GRAY EPDM OUTER JACKET, ENTRACO P/N: CC261-32.

DWG#: CC261-TAB REV-, SHEET 1, FIG. 1 & TABLE 1 & NAVSEA DWG

474-740205A REV-A.

24758A(SH) DTD 24SEP04;

B) FIRST ARTICLE TESTING REQUIRED IAW WITH ATTACHED SHEET;

MAY BE WAIVED IF PURCHASED FROM PREVIOUSLY QUALIFIED

VENDOR LISTED BELOW;

MILSTRIP: N3225372202719

MFR PART NR: CC261-32

PC NR: NONE

0002AB 1 Lot

FIRST ARTICLE TESTING

acquired or tested by the Government, and that bidders offering such products, who

FLEX CONDUIT

PURCHASE REQUEST NUMBER: N3225372202720

0003AA 50 Foot

FLEX CONDUIT

FFP

FLEX CONDUIT, MIL-PRF-24758A, 1.250" OUTSIDE DIAMETER, BRASS

CORE, GRAY EPDM OUTER JACKET, ENTRACO P/N: CC261-40.

DWG#: CC261-TAB REV-, SHEET 1, FIGURE 1 & TABLE 1 & NAVSEA

DWG 474-7402050 REV-A.

24758A(SH) DTD 24SEP04;

B) FIRST ARTICLE TESTING REQUIRED IAW WITH ATTACHED SHEET;

MAY BE WAIVED IF PURCHASED FROM PREVIOUSLY QUALIFIED

VENDOR LISTED BELOW;

MILSTRIP: N3225372202720

MFR PART NR: CC261-40

PC NR: NONE

0003AB 1 Lot

FIRST ARTICLE TESTING

acquired or tested by the Government, and that bidders offering such products, who

BOX HUB FITTING

PURCHASE REQUEST NUMBER: N3225372202721

0004AA 6 Each

BOX HUB FITTING

FFP

STANDARD BOX HUB FITTING ADAPTER, STRAIGHT, FEMALE SWIVEL

CRES 316L PASSIVATED, 1.250-18UNEF X DASH 32 CONDUIT WITH

MISTY YOKE, ENTRACO PART NUMBER: AX0737M-4032-SP.

ENTRACO DWG#: AX#737-TAB REVISION-, SHEETS 1 & 2, & TABLES 1

THRU 3 & NAVSEA DRAWING 474-7402050 REVISION-A

MILSTRIP: N3225372202721

MFR PART NR: AX0737M-4032-SP

PC NR: NONE

0004AB 1 Lot

FIRST ARTICLE TESTING

acquired or tested by the Government, and that bidders offering such products, who

REDUCING BOX HUB FTG

PURCHASE REQUEST NUMBER: N3225372202722

0005AA 6 Each

REDUCING BOX HUB FTG

FFP

REDUCING BOX HUB FITTING, ADAPTER, PASSIVATED CRES 316L 2"-

18UNS X 1.250-18UNEF WITH BOX SEAL, O-RING, WASHER GASKET

AND JAM NUT, ENTRACO SEA-FROST PART NUMBER: AX0851-6440-SP.

ENTRACO DWG#: AX0851-TAB REVISION-, SHEETS 1 & 2, & TABLES 1

AND 2 & NAVSEA DRAWING 474-7402050 REVISION-A.

MILSTRIP: N3225372202722

MFR PART NR: AX0851-6440-SP

PC NR: NONE

0005AB 1 Lot

FIRST ARTICLE TESTING

acquired or tested by the Government, and that bidders offering such products, who

MALE SWIVEL FITTING

PURCHASE REQUEST NUMBER: N3225372202723

0006AA 6 Each

MALE SWIVEL FITTING

FFP

MALE NPT SWIVEL FITTING, STRAIGHT, CRES 316L PASSIVATED,

CONDUIT FITTING 316 CRES MALE SWIVEL, 1"-11-1/2NPT X DASH 32

CONDUIT END, ENTRACO SEA-FROST PART NUMBER: AX0735-3232-SP.

ENTRACO DWG#: AX#735-TAB REVISION-, SHEETS 1 & 2, & TABLES 1, 2,

& 3 AND NAVSEA DRAWING 474-7402050 REVISION-A.

A)CONDUIT SYSTEMS, FLEXIBLE, WEATHERPROOF; MIL-PRF-

24758A(SH); DTD 24 SEP 04

B) FIRST ARTICLE TESTING REQUIRED IAW WITH ATTACHED SHEET;

MAY BE WAIVED IF PURCHASED FROM PREVIOUSLY QUALIFIED

VENDOR LISTED BELOW

C) & D) AS SPECIFIED

MILSTRIP: N3225372202723

MFR PART NR: AX0735-3232-SP

PC NR: NONE

0006AB 1 Lot

FIRST ARTICLE TESTING

acquired or tested by the Government, and that bidders offering such products, who

CONDUIT FITTING STL

PURCHASE REQUEST NUMBER: N3225372202724

0007AA 6 Each

CONDUIT FITTING STL

FFP

STUFFING TUBE CONDUIT FITTING "G" ADAPTER 316 CRES MALE

SWIVEL 1-1/2" 12UNEF X DASH 40 CONDUIT END, ENTRACO SEA-FROST

PART NUMBER: AX0685-4840-SP.

DWG#: AX#685-TAB REVISION-, SHEETS 1& 2, FIGURE 1 & TABLE 1

THRU TABLE 3, & NAVSEA DRAWING 474-7402050 REVISION-A.

MILSTRIP: N3225372202724

MFR PART NR: AX0685-4840-SP

PC NR: NONE

0007AB 1 Lot

FIRST ARTICLE TESTING

acquired or tested by the Government, and that bidders offering such products, who

CONDUIT FITTING

PURCHASE REQUEST NUMBER: N3225372202725

0008AA 6 Each

CONDUIT FITTING

FFP

CONDUIT FITTING ADAPTER, CIRCULAR FEMALE SWIVEL 316 CRES

1.4375"-18UNEF X DASH 40 CONDUIT, ENTRACO SEA-FROST PART

NUMBER: AX0765-21-2440-SP.

ENTRACO DWG#: AX#765-TAB REV-, SHEETS 1, 2, & 3, & TABLES 1 & 2,

AND NAVSEA DRAWING 474-7402050 REVISION-A .

MILSTRIP: N3225372202725

MFR PART NR: AX0765-21-2440-SP

PC NR: NONE

0008AB 1 Lot

FIRST ARTICLE TESTING

acquired or tested by the Government, and that bidders offering such products, who

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY FULL TEXT

MERCURY EXCLUSION CLAUSE FOR MERCURY FREE PROCUREMENT ( LC-2, JAN 2013)

1. Mercury or mercury compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract. Supplier shall certify that all items furnished under this contract are free of mercury or mercury compounds.

Section D - Packaging and Marking

PROHIBITED PACKING MATERIALS

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

EUROPEAN UNION RESTRICTIONS REGARDING NONMANUFACTURED WOOD PACKAGING

AND PALLETS

All European shipments with wood pallets and wood containers produced of nonmanufactured wood shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) material and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC) in accordance with

Nonmanufactured Wood Packing Policy and Nonmanufactured Wood Packing Enforcement Regulations dated May

30, 2001.

Reference:

http://www.aphis.usda.gov/ppq/swp/eunmwp.html for information and material sources

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 N/A N/A N/A N/A

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0002 N/A N/A N/A N/A

0002AA Destination Government Destination Government

0002AB Destination Government Destination Government

0003 N/A N/A N/A N/A

0003AA Destination Government Destination Government

0003AB Destination Government Destination Government

0004 N/A N/A N/A N/A

0004AA Destination Government Destination Government

0004AB Destination Government Destination Government

0005 N/A N/A N/A N/A

0005AA Destination Government Destination Government

0005AB Destination Government Destination Government

0006 N/A N/A N/A N/A

0006AA Destination Government Destination Government

0006AB Destination Government Destination Government

0007 N/A N/A N/A N/A

0007AA Destination Government Destination Government

0007AB Destination Government Destination Government

0008 N/A N/A N/A N/A

0008AA Destination Government Destination Government

0008AB Destination Government Destination Government

SOURCE INSPECTION BY THE DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA) IS

REQUIRED(LC-2, JAN 2013) . Delegate Source Inspection to DCMA-NSEO (DODAAC S4306A).

Request provide complete address where material is manufactured:

Indicate 5-digit CAGE Code __________

Request provide complete address where material is to be inspected:

Indicate 5-digit CAGE Code __________

The following clause is hereby incorporated by reference:

FAR 52.246-2 INSPECTION OF SUPPLIES—FIXED PRICED (AUG 1996)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA 20-OCT-2017 6 DLA DISTRIBUTION

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932

N32253

0001AB 20-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA 20-OCT-2017 50 DLA DISTRIBUTION

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932

0002AB 20-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

0003 N/A N/A N/A N/A

0003AA 20-OCT-2017 50 DLA DISTRIBUTION

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932

0003AB 20-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA 20-OCT-2017 6 DLA DISTRIBUTION

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932

0004AB 20-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

0005 N/A N/A N/A N/A

0005AA 20-OCT-2017 6 DLA DISTRIBUTION

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932

0005AB 20-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

0006 N/A N/A N/A N/A

0006AA 20-OCT-2017 6 DLA DISTRIBUTION

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932

0006AB 20-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

0007 N/A N/A N/A N/A

0007AA 20-OCT-2017 6 DLA DISTRIBUTION

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932

0007AB 20-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

0008 N/A N/A N/A N/A

0008AA 20-OCT-2017 6 DLA DISTRIBUTION

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932

0008AB 20-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

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

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.225-18 Place of Manufacture MAR 2015

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.243-1 Changes--Fixed Price AUG 1987

52.246-16 Responsibility For Supplies APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015

252.211-7005 Substitutions for Military or Federal Specifications and

Standards

NOV 2005

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7041 Correspondence in English JUN 1997

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 335931.

(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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 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.

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

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

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

(ix) 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.

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

(xi) 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 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.

(xvii) 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.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xxi) 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.

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

52.225-5.

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

(xxiv) 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.

(xxv) 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) 52.204-20, Predecessor of Offeror.

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

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 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 https://www.acquisition.gov/ 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)

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)

(a) The Contractor shall test 3 EACH unit(s) of Lot/Item 0001AA, 0002AA, 0003AA, 0004AA, 0005AA, 0006AA, 0007AA, 0008AA as specified in this contract. At least 15 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the

Government may witness the tests.

(b) The Contractor shall submit the first article test report within _30____ calendar days from the date of this contract to DLA Maritime Pearl Harbor, 667 Safeguard St, JBPHH, HI 96860-5033, ATTN: Lyndon Paloma or email to lyndon.paloma@navy.mil.

marked "FIRST ARTICLE TEST REPORT: Contract No. __, Lot/Item No. 0001AA, 0002AA, 0003AA, 0004AA, 0005AA, 0006AA, 0007AA, 0008AA " Within 15 calendar days after the Government receives the test report, the

Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph

(b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

(End of clause)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(a) Definitions.

As used in this clause--

New means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.

Reconditioned means restored to the original normal operating condition by readjustments and material replacement.

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

Remanufactured means factory rebuilt to original specifications.

Virgin material means--

(1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or

(2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.

(b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause.

(c) A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition.

(d) A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval.

(e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use.

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 808-471-1030.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

PRODUCTION FACILITY CHANGES

(a) The performance of any of the work contracted for in any place other than that named in the contract is prohibited unless specifically approved by the Contracting Officer. Written requests for a change in production facilities must be submitted in writing to the Contracting Officer. Changes in production facilities may be approved, provided

(1) performance by small business or in labor surplus areas as required by the contract will not be changed;

(2) the change will not cause a delay in delivery or necessitate a change in the purchase description;

(3) the free on board (f.o.b.) point is not changed; and

(4) each request is supported by a price reduction of $250.00 to cover the Government's administrative costs to process the change.

(b) The Government reserves the right to deny approval even if these four elements are met.

(End of Clause)

MANUFACTURING OR PRODUCTION INFORMATION

If offers are submitted which fail to provide the actual manufacturing/production source(s) for the item(s) offered, or, if such information is provided but restricted from disclosure (by the inclusion of the

Federal Acquisition Regulation (FAR) clause 52.215-12 legend or any other proprietary or confidentiality restriction) such offers may be rejected as technically unacceptable. This provision does not apply to commercial items.

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."

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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.

http://www.alsc.org/ http://acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition

Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional

Form number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(b) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)

(a) If the schedule in this contract contains any contract subline items or exhibit subline items identified as not separately priced (NSP), it means that the unit price for that subline item is included in the unit price of another, related line or subline item.

(b) The Contractor shall not invoice the Government for any portion of a contract line item or exhibit line item which contains an NSP until --

(1) The Contractor has delivered the total quantity of all related contract subline items or exhibit subline items; and

(2) The Government has accepted them.

(c) This clause does not apply to technical data.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

INVOICE ONLY

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

(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 email 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

EMAIL: PRLH_PHNS_C630_CONTRACTS@NAVY.MIL

(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

EMAIL: PRLH_PHNS_C630_CONTRACTS@NAVY.MIL

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide--

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including--

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT…

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