SPMYM4-19-Q-0028_GRIT.pdf

SPMYM419Q0028

Combined Synopsis/Solicitation

(IAW FAR 12.603)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Defense Logistics Agency Commercial Sourcing HMD at Maritime Pearl Harbor intends to compete a Firm Fixed Price (FFP) contract for items listed in (CLINs) 0001-. This solicitation is being issued as a Request for Quote (RFQ) SPMYM4-19-Q-0028 for a FFP type contract with a Delivery (FFP) Contract Line Item Numbers (CLINs). The HMD Contracting Officer at Maritime Pearl Harbor, Hawaii intends to award a firm fixed price commercial contract.

**Offerors are required to fill out this document, sign, and then return 1 copy to issuing office**. Contractor agrees to deliver all products (and installation if need be) or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Quote Submission Information:

Quote is due by 05 Dec 2018, 12:00 PM, DLA HMD (HST). Contact the following individual for information regarding this solicitation:

NOTE: Emailed proposals are preferred Jacob Kamelamela Contracting Officer Jacob.kamelamela@navy.mil

EVALUATION OF RESPONSES:

Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items, FAR Part 13, Simplified Acquisition Procedures along with the utilization of FAR Part 15, Contracting by Negotiation Source Selection Procedures. The responsible offeror must be registered in the System for Award Management (SAM) database (available at:

https://www.sam.gov/portal/public/SAM/ ) and submit a completed copy of the Offeror Representations and Certifications – Commercial Items with their proposal. Lack of registration in SAM will qualify contractor as INELIGIBLE for award.

Responsible source may submit a quote in response to this solicitation, which shall be considered. This solicitation is being issued as a RFQ for a firm fixed price type commercial contract. The HMD Contracting Officer at DLA Maritime Pearl Harbor intends to issue a commercial contract to the responsible vendor, for items listed in (CINs) 0001.

https://www.sam.gov/portal/public/SAM/

Important Information:

The submittal deadline for all questions after the solicitation has been posted will be 24 hours prior to the solicitation being closed 05 Dec 2018, 12pm (HST). Please send all questions to purchasing agent:

jacob.kamelamela@n avy.mil

****Contractor shall complete pricing within each Contract Line Item of this RFQ and return a copy as a part of their solicitation.****

Organization

Name:_____________________________

Contractor’s DUNS#_______________ Contractor’s Cage Code#_____________________

Quote is valid through (date):_____________________________

SIGNATURE OF OFFEROR: Date:

JML NUMBERS:

83125040 and 83175026

SOLICITATION NUMBER

SPMYM419Q0028

SOLICITATION ISSUE DATE:

03 Dec 2018

SOLICITATION DUE DATE:

05 Dec 2018

THIS ACQUISITION IS:

Full and Open Competition

X

100% small business set-aside

SIZE STD:

FEDERAL SUPPLY CLASS:

NAICS: 327910 DELIVERY:

X

SEE ITEM DESC

FOB DESTINATION

FOB ORIGIN

METHOD OF

SOLICITATION:

REQUEST FOR QUOTE

Section SF 1449 - CONTINUATION SHEET

IMPORTANT RFQ INFORMATION

CONTRACTING OFFICER: Jacob Kamelamela TEL: 808-473-8000 X6809 E-MAIL: jacob.kamelamela@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 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 https://www.acquisition.gov/

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 WIDE AREA WORK FLOW (WAWF)

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:

https://wawf.eb.mil/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 10 Drum

GRIT, PL

FFP

GRIT, PLASTIC MEDIA; MAXI CLEAN (MC) PLASTIC BLAST MEDIA,

SIEVE SIZE 20/30, UI = 275 LB/DR. APPROVED MFR: MAXI BLAST, INC.,

PART # MC-2.

SDS & BATCH CERTIFICATE OF CONFORMANCE (COC) REQUIRED.

ADDITIONAL REQUIREMENTS: PACKED IN DRUMS (APPROX. 275 LBS.)

POLY LINED & SEALED, POLY COVERED ON HARDWOOD PALLETS.

SAFETY DATA SHEET (SDS) & BATCH COC TO BE PROVIDED WITH

SHIPMENT. MATERIAL MARKING REQD.,

DRUM TO BE MARKED WITH STOCK NUMBER 5350-LL-N03-5934,

ORDER NUMBER, DOCUMENT NUMBER & MANUFACTURER'S

BATCH/LOT NUMBER. MATERIAL SHALL BE PACKED IN DRUMS,

APPROX. 275 LBS., POLY LINED, SEALED & POLY COVERED ON

HARDWOOD PALLETS.

*HMAUL, SDS REQD*

FOB: Destination

MILSTRIP: N3225383125040

PURCHASE REQUEST NUMBER: N3225383125040

PROJECT: 606

PSC CD: 5350

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 200 Bag

GRIT, SA

FFP

VENDOR PRIOR TO SHIPPING. BAGS TO BE MARKED WITH STOCK

NUMBER 5350-LL-N03-5931 AND BATCH/LOT NO.

ORD DATA: A) ABRASIVE BLASTING MEDIA SHIP HULL BLAST

CLEANING, MIL-A-22262B, DTD 5APR93 W/AMD 2 DTD 21MAR96.

B) N/A.

C) UTILITY GRADE, MEDIUM GRIT, SIZE 16-30.

D) AS SPECIFIED.

E) SHIPPED IN BAGS, DRY MATERIAL REQD, UNIT OF MEASURE=1

TON.

F) SACKS AS SPECIFIED IN ATTACHMENT.

G) COMMERCIAL PACKING IAW ASTM D3951-15.

H) 1 TON PER BAG.

I) IAW PARA 5.5 & 5.5.1.

ADDITIONAL REQUIREMENTS: 1) QPL-22262-QPD LATEST REV

APPLIES. 2) SDS & BATCH COC TO BE PROVIDED W/SHIPMENT. 3) SEND

COPY OF COC FOR EACH BATCH OR LOT. 4) WEIGHT OF LOAD MUST

NOT EXCEED 2000 LBS. PER PALLET.

BAGS SHALL BE PALLETIZED IAW MIL-STD-147E; 1 BAG PER PALLET.

NO STRAPPING REQD. INSERT PLY OR FIBREBOARD BETWEEN THE

BAG & PALLET TO PREVENT THE BAG FROM SAGGING & BEING

PUNCTURED BY THE FORKLIFT.

5) FOR BAG/SACK SPECIFICATIONS, SEE ATTACHMENT.

FOB: Destination

MILSTRIP: N3225383175026

PURCHASE REQUEST NUMBER: N3225383175026

PROJECT: 606

PSC CD: 5350

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 19-DEC-2018 10 DLA DISTRIBUTION

MIKE WATTERS

RECEIVING DEPT, CODE Z0S

667 SAFEGUARD ST, BLDG 167

JBPHH HI 96860-5033

808-306-1932 FOB: Destination

N32253

0002 19-DEC-2018 200 (SAME AS PREVIOUS LOCATION)

FOB: Destination N32253

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 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

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 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

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.216-19 Order Limitations OCT 1995 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 JAN 2018 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.212-2 Template

52.212-2 EVALUATION--COMMERCIAL ITEMS

(a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. This acquisition will utilize Lowest Price Technically Acceptable (LPTA) procedures. Past Performance will be waived by the Contracting Officer.

The following factors will be used to evaluate offers:

Factor 1 – Technical The sub-factor within the technical factor will receive one of the ratings described below based on the criteria listed below. Individual sub-factor ratings will be used to determine the overall technical acceptability of each offeror. To be determined technically acceptable at the factor level, the Offeror must be rated acceptable in each sub-factor. A final unacceptable sub-factor assessment will determine an overall technical unacceptable rating.

Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Sub-factor 1: Special Qualifications The Government will assess the Offeror’s proposed Special Qualifications. Offeror’s proposal SHALL thoroughly substantiate all the following essential components with little potential for disruption of schedule, increased cost or degradation of performance:

a) The Contractor shall provide signed documents which illustrate the offering of: items listed in within contract line item numbers (CLINs) No. 0001- ; Pages 3 – of this solicitation.

b) The Contractor shall provide documentation listing a delivery method of F.O.B.

destination; along with a delivery schedule no later than 60 days.

Factor 2 – Cost/Price The Government shall evaluate the Total Evaluated Price (TEP) of all technically acceptable Offerors.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.215-5 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: [insert telephone number] .

(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.

(End of provision)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

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

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.

Ozone-depleting substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;

or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:

Warning: Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall--

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by--

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

http://www.epa.gov/snap/

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after--

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap.

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

http://www.sam.gov/ http://www.epa.gov/snap http://www.epa.gov/snap

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.

(c) 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.

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through

(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.") ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

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.

HAZARDOUS MATERIAL (MISC 2012-1)

Hazardous Material/Hazardous Waste Management: Contractors performing work aboard naval ships and installations shall comply with the policies and instructions of the regional HMC&M program. Contractors may be permitted to utilize the regional HAZMINCEN when it has been determined (by the COR) to be advantageous to the government." One (1) copy of the Material Safety Data Sheet shall be furnished with the material, and the material shall be labeled and marked in accordance with FAR 52.223- 3 Hazardous Material Identification and Material Safety Data and DFARS 252.223-7001 Hazard Warning Labels.