Amendment 0004 - SPRDL124R0116.pdf
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- Attached to
- Cylinder Assembly, Actuating Federal contract opportunity
- Solicitation number
- SPRDL1-24-R-0116
About this file
This document is an Amendment (Amendment 0004) to a federal solicitation for a Cylinder Assembly for the Defense Logistics Agency Land and Maritime. The amendment modifies the original solicitation SPRDL1-24-R-0116 by deleting long-term contract Contract Line Items (CLINs) 0011-0015 and replacing them with a basic CLIN 0001AA for 472 units and an option CLIN 0002AA for 472 additional units. The solicitation closing date has been extended from May 5, 2025, to July 25, 2025.
Key changes include removing certain clauses related to ordering and indefinite quantity, and adding new clauses such as F.O.B. Destination, Sustainable Products and Services, and restrictions on acquisition of certain magnets, tantalum, and tungsten. The solicitation is for a Cylinder Assembly with NSN 2590-01-230-3922, with approved manufacturer part numbers from Jarp Industries (140670B) and Oshkosh Defense (3173420). Inspection and acceptance will occur at origin, with delivery to DLA Distribution Red River in Texarkana, TX, following a schedule of 75 units per month over 180 days.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amendment 0005 - SPRDL124R0116.pdf | ||
| Amendment SPRDL124R0116-0003.pdf | ||
| Amendment SPRDL124R0116-0002.pdf | ||
| Amendment SPRDL124R0116-0001.pdf | ||
| Solicitation SPRDL124R0116.pdf |
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of
2. Amendment/Modification No.
3. Effective Date
4. Requisition/Purchase Req No.
5. Project No. (If applicable)
6. Issued By Code 7. Administered By (If other than Item 6) Code
8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)
9A. Amendment Of Solicitation No.
9B. Dated (See Item 11)
10A. Modification Of Contract/Order No.
10B. Dated (See Item 13) Code Facility Code
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting And Appropriation Data (If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS
It Modifies The Contract/Order No. As Described In Item 14.
A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In
The Contract/Order No. In Item 10A.
B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set
Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).
C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:
D. Other (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.
14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. Name And Title Of Signer (Type or print)
16A. Name And Title Of Contracting Officer (Type or print)
15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed
By (Signature of person authorized to sign) (Signature of Contracting Officer)
NSN 7540-01-152-8070
PREVIOUS EDITIONS UNUSABLE
30-105-02 STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA FAR (48 CFR) 53.243
SEE SCHEDULE
X
Firm Fixed Price
0004 2025JUN18
SPRDL1
DLA LAND WARREN
WARREN, MI 48397-5000
JOHN MOSES
EMAIL: JOHN.MOSES@DLA.MIL
SPRDL1-24-R-0116
2024NOV20
X
X 2025JUL25 05:00pm
/SIGNED/
2 signed
SEE SECOND PAGE FOR DESCRIPTION
1 25
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SECTION A - SUPPLEMENTAL INFORMATION
Buyer Name: JOHN MOSES
Buyer Office Symbol/Telephone Number: ZGBC/(586)467-1212
Type of Contract 1: Firm Fixed Price
Kind of Contract: Supply Contracts and Priced Orders
*** End of Narrative A0000 ***
1. The purpose of this Amendment 0004 to solicitation SPRDL1-24-R-0116 is to delete the long term contract CLINs and replace them with a basic and option CLIN, remove solicitation clauses or provisions that reference long term contracts and replace them with the appropriate clauses and provisions, update or delete any applicable solicitation section narratives and incorporate any new clauses or provisions that have been added or updated since the solicitation was originally released, and extend the solicitation closing date.
2. The long term contract CLINs 0011, 0012, 0013, 0014, and 0015 are removed from the solicitation.
3. The basic CLIN 0001AA for 472 each and option CLIN 0002AA for 472 each are added to the solicitation in Section B.
4. The following clauses or provisions are removed from the solicitation:
52.216-18 Ordering
52.216-19 Order Limitations
52.216-22 Indefinite Quantity
5. The following clauses or provisions are added or updated to the solicitation:
Section F 52.247-34 F.O.B. Destination
Section I 52.223-23 Sustainable Products and Services
Section I 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments)
Section I 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive OrdersCommercial Products and Commercial
Services
Section I 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten
Section I 252.247-7023 Transportation of Supplies by SeaBasic
Section K 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism
Section L 52.204-7 System for Award Management
Section M - 52.217-5 Evaluation of Options
6. The following section narratives are removed from the solicitation:
F.3 Delivery Schedule for Delivery Orders
F.4 Long Term Contracts FOB Destination
M.14 Method of Price Evaluation
7. The following section narratives are added or updated to the solicitation:
F.1 Delivery Schedule
F.5 Depot Addresses for the Applicable Mode of Shipments: In-The-Clear Addresses
I.2 Separately Priced Option for Increased Quantity
L.18 Destination for Option Quantities
L.19 Packaging Level for Option Quantities
8. The closing date of the solicitation is extended from 05 May 2025 to 25 Jul 2025.
9. All other terms and conditions of the solicitation remain the same.
2 25
SPRDL1-24-R-0116
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
*** END OF NARRATIVE A0005 ***
3 25
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
0001 CYLINDER ASSEMBLY
NSN: 2590-01-230-3922
Mfr CAGE: 1N365
Mfr Part Number: HI8310-008
0001AA Production Quantity 472 EA $ $ ___________________ ______________ __________________
COMMODITY NAME: CYLINDER ASSEMBLY
CLIN CONTRACT TYPE:
Firm Fixed Price
PRON: EH4L0172EH PRON AMD: 03
AMS CD: SM2B1100000
Description/Specs./Work Statement _________________________________
TOP DRAWING NR: 12542916
DATE: 05-MAR-2024
The following Manufacturer's Part Numbers are also approved for this procurement:
MFR: Jarp Industries
CAGE: 8T716
Part Number: 140670B
OR
MFR: Oshkosh Defense
CAGE: 75Q65
Part Number: 3173420
(End of narrative C001)
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE SECTION D FOR THE PACKAGING REQUIREMENTS
UNIT PACK: 001
LEVEL PRESERVATION: Military
LEVEL PACKING: A
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
Inspection/Acceptance at origin means that you MUST contact the DCMA to arrange for a Government inspection BEFORE you ship the supplies called out in this order. Failure to have the items inspected and accepted will result in their rejection at the
4 25
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
destination. The rejected supplies will be returned to you at your expense.
(End of narrative E001)
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
001 W56HZV4058023V W562RM J 2
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 75 0180
002 75 0210
003 75 0240
004 75 0270
005 75 0300
006 75 0330
007 22 0360
FOB POINT: Destination
SHIP TO:
(W562RM) SR W0MC ARMY GENERAL SUPPLY
DLA DISTRIBUTION RED RIVER
HIGHWAY 82 WEST
TEXARKANA,TX,75507-5000
5 25
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
0002 CYLINDER ASSEMBLY
NSN: 2590-01-230-3922
Mfr CAGE: 1N365
Mfr Part Number: HI8310-008
0002AA UNEXERCISED OPTION QUANTITY 472 EA $ $ ___________________________ ______________ __________________
COMMODITY NAME: CYLINDER ASSEMBLY
CLIN CONTRACT TYPE:
Firm Fixed Price
OPTION QUANTITY, PURSUANT TO SECTION
I NARRATIVE ENTITLED "SEPARATELY PRICED
OPTION FOR INCREASED QUANTITY"
The quantity stated for the option CLIN
DOES NOT Form a part of the basic contractual quantity. Part or all of it may, however, be added to the contract by exercise of the option clause, at the discretion of the Government.
The option expiration date is 365 days __________ after contract award.
(End of narrative B001)
Description/Specs./Work Statement _________________________________
TOP DRAWING NR: 12542916
The following Manufacturer's Part Numbers are also approved for this procurement:
MFR: Jarp Industries
CAGE: 8T716
Part Number: 140670B
OR
MFR: Oshkosh Defense
CAGE: 75Q65
Part Number: 3173420
(End of narrative C001)
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE SECTION D FOR PACKAGING REQUIREMENTS
UNIT PACK: 001
6 25
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
LEVEL PRESERVATION: Military
LEVEL PACKING: A
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
Inspection/Acceptance at origin means that you MUST contact the DCMA to arrange for a Government inspection BEFORE you ship the supplies called out in this order. Failure to have the items inspected and accepted will result in their rejection at the destination. The rejected supplies will be returned to you at your expense.
(End of narrative E001)
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 472 0180
FOB POINT: Destination
SHIP TO:
(SPRDL1) DLA LAND WARREN
ZGA
6501 EAST ELEVEN MILE ROAD
WARREN,MI,48397-5000
The shipping destination for CLIN 0002AA has not been determined. Please reference the Section L narrative
L.18 - Destination for Option Quantities for details.
(End of narrative F001)
0011 DELETED _______
0012 DELETED _______
0013 DELETED _______
7 25
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
0014 DELETED _______
0015 DELETED _______
8 25
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SECTION F - DELIVERIES OR PERFORMANCE
F.1 Delivery Schedule
(a) Delivery under this contract must conform to the required schedule specified below, unless acceleration is acceptable.
(b) DEFINITIONS:
(1) DAYS means the number of days after the date of contract award when you must deliver the stated quantity (QTY) of supplies.
(2) DELIVERY is defined as follows:
FOB Origin - Contractor is required to deliver its shipment as provided in FAR 52.247-29(a)(1)-(4) by the time specified in the individual contract; or
FOB Destination - Contractor is required to deliver its shipment as provided in FAR 52.247-34(a)(1)-(2) by the time specified in the individual contract. The Contractor must take into consideration the length of time necessary to deliver its shipment to the destination designated in the contract, to ensure that the item reaches its destination by the time reflected in the contract.
(c) The Government requires delivery to be made according to the following schedule:
(1) GOVERNMENT REQUIRED DELIVERY SCHEDULE WITH FIRST ARTICLE TEST (FAT)
ITEM NO. QTY WITHIN DAYS AFTER DATE OF
CONTRACT AWARD
N/A
(2) GOVERNMENT REQUIRED DELIVERY SCHEDULE IF THERE IS NO FIRST ARTICLE TEST (FAT), OR IF FAT IS WAIVED
ITEM NO. QTY WITHIN DAYS AFTER DATE OF
CONTRACT AWARD
0001AA 472 each 180 days, 75 per month until complete
0002AA 472 each 180 days (if/when exercised)
(d) Accelerated delivery schedule IS acceptable.
(e) If an accelerated delivery schedule is not acceptable, the required delivery schedule above will apply. If it is acceptable, you may propose an accelerated delivery schedule at no additional cost; fill in the appropriate information here:
(1) OFFEROR'S PROPOSED ACCELERATED DELIVERY SCHEDULE WITH FIRST ARTICLE TEST (FAT)
ITEM NO. QTY WITHIN DAYS AFTER DATE OF
CONTRACT AWARD
N/A
(2) OFFEROR'S PROPOSED ACCELERATED DELIVERY SCHEDULE WITHOUT FIRST ARTICLE TEST (FAT), or IF FAT IS WAIVED
ITEM NO. QTY WITHIN DAYS AFTER DATE OF
CONTRACT AWARD
************ End of Narrative ************
F.5 Depot Addresses for the Applicable Mode of Shipments: In-The-Clear Addresses
For Delivery, consult the Transportation Office for the applicable Depot as referenced below or Commercial carriers should consult the
9 25
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Transportation Facilities Guide (TFG) within the Global Freight Management (GFM) system for detailed instructions.
DLA Distribution- Susquehanna
Defense Dist. Depot
Susquehanna
New Cumberland, PA 17070-5001
Rail/ Motor SPLC*: 206721 and 209405
MILSTRIP Address Code: W25G1U
Transportation Office: (717) 770-6091 or 1-800-307-8496
DLA Distribution- San Joaquin
XU Def Dist. Depot
San Joaquin
25600 S. Chrisman Rd.
Rec Whse 10
Tracy, CA 95304-5000
Rail/ Motor SPLC*: 875670 / 875675 / 875694
MILSTRIP Address Code: W62G2T
Transportation Office: (209) 839-5396
DLA Distribution- Anniston
Anniston Army Depot
Bynum, AL 36201-5021
Rail/ Motor SPLC*: 471995 / 471996 / 471974
MILSTRIP Address Code: W31G1Z
Transportation Office: (256)676-2574 or (256) 676-2712
DLA Distribution- Letterkenny
Letterkenny Army Depot
Chambersburg, PA 17201-4150
Rail/ Motor SPLC*: 209741 / 209770 / 209740
MILSTRIP Address Code: W25G1R
Transportation Office: (717) 267-5220
DLA Distribution- Red River
Red River Army Depot
Texarkana, TX 75507-5000
Rail/ Motor SPLC*: 661136 / 661157 / 661150
MILSTRIP Address Code: W45G19 / W562RM / SW3227
Prior to delivery, contact DLA Distribution Red River, TX Truck Control for an appointment: 903-716-3577 or HYPERLINK
"mailto:ddrt.truck@dla.mil%20"ddrt.truck@dla.mil
For Truck Deliveries, enter the following address for GPS:
RRAD Commercial Truck Entrance
100 Armory Dr. BLDG 740
New Boston, TX 75570
(903) 334-1246 / 1245
DLA Distribution- Tooele
Tooele Army Depot
Warner, UT 84074-5003
Rail/ Motor SPLC*: 764538 and 764535
MILSTRIP Address Code: W67G23
Transportation Office: (435) 833-2992 or (435) 833-5117
*SPLC indicates Standard Point Locator Code.
NOTE: The following is applicable only when so specified in an individual order or delivery increment:
This requirement is a depot replenishment buy, a portion of which is or may be required to fill Direct Support System (DSS) requisitions. Shipment shall be made, as specified, to one or more of:
New Cumberland Army Depot
10 25
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Red River Army Depot
Sharpe Army Depot (San Joaquin) prior to shipments to any other depots as may be designated. When more than one depot is designated for DSS shipments, priority shipments will be made equally to each of the designated destinations.
Appointments for FOB Origin shipments should be coordinated with DCMA Transportation. For FOB Origin shipments, or for FOB Destination shipments outside of the Continental United States, Contractors performing under DCMA Administered contracts may request support with shipment and labeling via the Shipping Instructions Request (SIR) Module found at https://www.dcma.mil. This module is available under the eTools tab and can be used by suppliers to send requests for shipping instructions to the DCMA Transportation Office. Contractor user permission is gained via the External Web Access Management (EWAM) within DCMA eTools at https://www.dcma.mil/aboutetools/ utilizing a commercial user account. Once registered, when preparing for shipment a contractor can use the SIR module to request shipping instruction assistance from the cognizant DCMA Transportation Officer (TO) at the responsible Contract Management Office (CMO).
The DCMA Transportation Officer reviews contractor request for shipping instructions and determines the necessary shipping documents needed. Upon completion of processing, the applicable documents and labels will be available for retrieval within the DCMA SIR tool. For further assistance, online training is available at https://www.dcma.mil/eTools/Training-A-Z/, or by contacting the DCMA IT Help Desk at
888-576-3262.
************ End of Narrative ************
F.8 Delivery of Supplies from Foreign Firms to U.S. Port of Entry
This clause applies only to foreign firms when shipments are required to destinations within the Continental United States (CONUS).
(1) The FOB point for this acquisition is DESTINATION. You must arrange and pay for (i) transportation to the U.S. port of entry, (ii) port handling, (iii) customs clearance, and (iv) all transportation from the port of entry to the consignee(s) listed in this solicitation.
(2) Acceptance will be at destination if the awardee is an OCONUS (Outside Continental United States) foreign firm.
(3) Identification of shipment. The Contractor must insure that all shipments be clearly marked in accordance with MIL-STD-
129 and other marking requirements specified in the Schedule. The Duty-Free Entry clauses in this contract contain instructions on the documentation required to accompany the shipment for duty-free entry.
(4) Notification of Shipment. The Contractor shall send electronic notification to the Procuring Contracting Officer (PCO) when shipment is made, which includes the following information:
(i) Mode of transportation, carrier, bill of lading number, customs broker (if any), and estimated time of arrival of materiel at OCONUS port authority
(ii) Mode of transportation, carrier, bill of lading number, and estimated dates for pick-up from CONUS port authority and delivery to final destination.
(5) You assume all responsibility for risk of loss or damage to the supplies until received at the destination. See the clause entitled RESPONSIBILITY FOR SUPPLIES (FAR 52.246-16).
************ End of Narrative F.8 ************
*** END OF NARRATIVE F0001 ***
Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________
F-1 CHANGED 52.247-34 F.O.B. DESTINATION (JAN 1991) FEB/2006
11 25
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SECTION I - CONTRACT CLAUSES
I.2 Separately Priced Option for Increased Quantity
(a) The Government may require the delivery of the numbered item, identified in the schedule as an option item, in the quantity and at the price stated in the schedule. This option may be exercised by the Government at any time, but in any event not later than 365 days after either (i) award or, if FAT is required, (ii) after FAT approval. In addition, such option may be exercised in increments, subject to the stated total additional quantity limitations, price(s), and the above-stated time for exercise of the option.
(b) Delivery of the items added by the exercise of this option shall continue immediately after, and at the same rate as, delivery of like items called for under this contract, unless the parties hereto otherwise agree.
(c) Additionally, prior to the expiration of the original option period identified in paragraph (a) above, the Government may seek a bilateral extension of the option period for an additional period not to exceed 90 days from the expiration date of the original option period.
************ End of Narrative ************
I.3 Mandatory Use of Contractor to Government Electronic Communication
(a) All references in the contract to the submission of written documentation shall mean electronic submission.
(b) This shall include all written unclassified communications between the Government and the Contractor except contract awards and contract modifications which shall be posted on the internet. Return receipt shall be used if a commercial application is available.
Classified information shall be handled in full accordance with the appropriate security requirements.
(c) Upon award, the Contractor shall designate the personnel with signature authority who can contractually bind the Contractor.
Additionally, the Contractor shall provide the Procuring Contracting Officer (PCO) with a list of e-mail addresses for all administrative and technical personnel assigned to this contract.
(d) Unless exempted by the PCO in writing, all unclassified written communication after contract award shall be transmitted electronically.
************ End of Narrative I.3 ************
*** END OF NARRATIVE I0001 ***
Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________
I-1 CHANGED 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES MAR 2025) (DEVIATION 2025-O00004) MAR/2025
I-2 ADDED 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) FEB/2013
I-3 CHANGED 252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND MAY/2024
TUNGSTEN (MAY 2024)
I-4 CHANGED 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (OCT 2024) OCT/2024
I-5 CHANGED 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR MAR/2025
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR
2025) (DEVIATION 2025-O00003) and (DEVIATION 2025-O00004)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities
(Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)
(Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
12 25
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10
U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence communitysee FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of
Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act OrdersFederal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115390, title II).
_X_ (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act OrdersProhibition. (Dec 2023) ( Pub. L. 115390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for
Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17) [Reserved]
_X_ (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
_X_ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) of 52.219-9.
__ (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
_X_ (24) 52.219-16, Liquidated DamagesSubcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns
Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
_X_ (26)
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct
2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned
Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).
__ (33) [Reserved]
__ (34) [Reserved]
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_X_ (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR
22.1803.)
__ (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)).
(Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_X_ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C.
7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21ne , Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (MAR 2025) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42
U.S.C. 7671l)(DEVIATION 2025-O0004).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-
169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards ps (Aug 1996) ( 5 U.S.C. 552a).
_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign
Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
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Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)
(Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C.
chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May
2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49
U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division
E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities
(Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)
(Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.20430, Federal Acquisition Supply Chain Security Act OrdersProhibition. (Dec 2023) ( Pub. L. 115390, title II).
(B) Alternate I (Dec 2023) of 52.20430.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
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Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements
(May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign
Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
I-6 DELETED 52.216-18 ORDERING AUG/2020
I-7 DELETED 52.216-19 ORDER LIMITATIONS OCT/1995
I-8 DELETED 52.216-22 INDEFINITE QUANTITY OCT/1995
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SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________
K-1 CHANGED 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY DEC/2022
THAT IS A STATE SPONSOR OF TERRORISM (DEC 2022)
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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.4 Data and Communications Submitted to the Government Electronically
(a) The Government often employs Contractors as system administrators to operate and maintain Government computer systems. These systems include local area networks, web sites, databases, other electronic records, e-mail accounts, other electronic data transfer mechanisms and computer software. The employees of these contracted system administrators sign nondisclosure agreements obligating them not to reveal information contained in files, documents, computers or systems that they administer. However, unless such information is protected in some way, contracted system administrators do have the ability to access such information.
(b) Potential Contractors as well as any other parties are thus advised to take steps needed to prevent access by contracted system administrators to information submitted electronically to the Government. Absent such steps, it is assumed that contracted system administrators are permitted the capability to access the data. The access will be limited to that which is necessary for the contract system administrator to perform its duties for the Government. The access shall be subject to the condition that third party information is not to be revealed by the contracted system administrator.
************ End of Narrative L.4 ************
L.5 Source Notes on Drawings Conform to Mil Tech Data Requirements
Notwithstanding the fact that ordnance drawings furnished with this solicitation may list particular manufacturer part numbers as approved sources, or as being the same as, or equivalent to, the ordnance part described on the drawing, the item to be supplied under this solicitation must conform to all specific technical requirements expressed on such drawing(s). To the extent that there may be any inconsistency between a manufacturer's part number and specific technical requirements expressed on an ordnance drawing which references the manufacturer's part number, the specific technical requirements shall control and take precedence. Offerors shall bear the responsibility of verifying that the approved part as supplied will conform with all such specific technical requirements.
************ End of Narrative L.5 ************
L.6 Notice Regarding Required Manufacturer's Part Number / Source Controlled Components / Source Controlled Contract Items
(a) This acquisition may contain one of the following:
(i) It may be restricted to the manufacturer's part number or numbers identified in the Schedule (Section B), or in the
Technical Data Package. Please see the narrative entitled ACQUISITION OF MANUFACTURER'S PART NUMBER in this solicitation.
(ii) It is possible at least one component of the item to be purchased under this acquisition is restricted to specified manufacturer's part numbers as set forth in the Technical Data Package. Please see the narrative entitled ACQUISITION OF MANUFACTURER'S
PART NUMBER: COMPONENTS in this solicitation.
(iii) The drawings in the Technical Data Package for this requirement may contain reference notes indicating one or more sources of supply that have previously furnished the items depicted on the drawings.
(b) With the exceptions described in paragraph c below, and in the narrative entitled REPRESENTATION OF INTENT TO SUPPLY A
SOURCE-CONTROLLED ITEM, offers that propose to furnish any alternative to the required manufacturer's part number(s) will not be considered for contract award. It is understood that, by submitting an offer under this solicitation, Offeror agrees to supply one of the required part numbers unless the conditions set forth either in paragraph (c) below or in the narrative entitled REPRESENTATION OF
INTENT TO SUPPLY A SOURCE-CONTROLLED ITEM are met.
(c) Required Approval for Equivalent Items
(1) If a firm manufactures an item which it believes to be totally equivalent to the required item(s), it may submit an offer based on the equivalent item if the following conditions are met:
i. Prior to receipt of this solicitation, the firm must have received written Government Engineering approval of a test procedure on its non-listed item.
ii. The firm must indicate in its offer the date of the written Government Engineering approval of its test procedure, and the name and title of the approving official.
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iii. The firm indicates in its offer that it is in the process of having its item independently tested per the approved test procedure to demonstrate full physical, functional, and mechanical interchangeability of its part with an already approved part cited in this solicitation, or that it is awaiting final Government Engineering approval of the summary report furnished at the conclusion of independent testing; and
iv. The firm must have secured final written approval of its part from Government Engineering by the time of bid opening (in the case of formally advertised acquisitions) or by the time of contract award (in the case of negotiated acquisitions).
v. Notwithstanding the foregoing, the Government expressly reserves to the Procuring Contracting Officer the right to waive the conditions set forth in paragraph (c)1 above in making an award when it is clearly established that written approval from Government Engineering of a non-listed part number can be obtained without delay in the anticipated date of award.
(2) When the foregoing conditions are met, the Government reserves the right to make an award for a non-listed item. In no other instance will award be made to any firm that does not agree to furnish one of the required part numbers listed in this solicitation.
(3) Any firm that manufactures or regularly sells an item which it views as equivalent in all respects to one of our required part numbers, but that has not initiated approved qualification testing in order to demonstrate that its part is totally equivalent to the required part, should see the notice entitled PART NUMBERS NOT CURRENTLY APPROVED, located elsewhere in this Section
L.
(d) It is the responsibility of each Offeror to ensure the availability of sufficient quantities of source-controlled components before making an offer in response to this solicitation. Except as described in paragraph (e) below, offers that propose to substitute alternatives to the source-controlled components, even if the substitute items are represented as equivalent in all respects to the source-controlled components, will not be considered for contract award.
(e) Required Approval for Alternatives to the Source-Controlled Component:
(1) By meeting the following conditions, a firm may submit an offer conditioned on acceptance by the Government of alternatives to the source-controlled component(s) listed in the Technical Data Package:
-- Prior to receipt of this solicitation, the firm must have received written Government Engineering approval of a test procedure on its proposed equivalent component.
-- The firm must indicate in its offer the date of the written Government Engineering approval, and the name and title of the approving official.
-- The firm must certify in its offer that it is in the process of having its item independently tested per the approved test procedure to demonstrate full physical, functional, and mechanical interchangeability of its part with an already-approved part cited in this solicitation, or that it is awaiting final Government Engineering approval of the summary report furnished at the conclusion of testing; and
-- The firm must have secured final written approval of its part from Government Engineering by the time of bid opening (in the case of formally advertised acquisitions) or by the time of contract award (in the case of negotiated acquisitions).
(2) Notwithstanding the foregoing, the Procuring Contracting Officer has the right to waive the above conditions in making an award when it is clearly established that written approval of a non-listed part from Government Engineering can be obtained without delay in the anticipated date of award.
When either of the foregoing conditions are met, the Government reserves the right to make an award where use of the equivalent item is authorized in lieu of the source-controlled item. Where the foregoing conditions are not met, Offeror will not be eligible for award unless agreeing to furnish the source-controlled item(s) from the indicated source(s).
(3) Any firm that manufactures or regularly sells an item which it views as equivalent in all…
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