LTC_Solicitation.doc

PAGE

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

DEFENSE LOGISTICS AGENCY

DLA AVIATION PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5098

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9. Sealed offer in original and 2 copies for furnishing the supplies or service in the Schedule will be received at the place specified in Item 8 until 2:00 p. m. local time 010/10/2013 (Hour) (Date)

CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL ►

11. TABLE OF CONTENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s) within the time specified in the schedule.

(See Section I, Clause No. 52.232-8) ►

15A. NAME AND

ADDRESS

OF OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or Print)

FORMCHECKBOX

IS DIFFERENT FROM ABOVE – ENTER SUCH

ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

IN(4 copies unless otherwise specified)

ITEM

FORMCHECKBOX

10 U.S.C. 2304(c)( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

IMPORTANT – Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV 9-97)

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

A01 - NOTICE TO OFFERORS

A02 - TYPE OF CONTRACT

SECTION B - SUPPLIES/SERVICES AND PRICES

B01 - PLACING AND PROCESSING ORDERS

SECTION C – SPECIFICATIONS

C01 - DESIGN CHANGES

C02- SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS

SECTION D - PACKAGING AND MARKING

D01 - DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUGUST

2008) INCORPORATED BY REFERENCE

D02 - RADIO FREQUENCY IDENTIFICATION

D03 - ITEM MARKING REQUIREMENTS

D04 - PRESERVATION, PACKING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E01 - INSPECTION OF SUPPLIES - FIXED-PRICE

E02 - RESPONSIBILITY FOR SUPPLIES

E03 - HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT INSPECTION SYSTEM

E04 - INSPECTION AND ACCEPTANCE AT ORIGIN

E05 - INSPECTION AND ACCEPTANCE AT DESTINATION (DATA REQUIREMENTS)

SECTION F - DELIVERY OR PERFORMANCE

F01 - CLAUSES INCORPORATED BY REFERENCE

F02 - PLACE OF DELIVERY

F03 - TIME OF DELIVERY

SECTION G - CONTRACT ADMINISTRATION

G01 - CONTRACT ADMINISTRATION

SECTION H - SPECIAL PROVISIONS

H01 - CONTRACT SECURITY CLASSIFICATION SPECIFICATION

H02 - NOTICE OF ASSIGNMENT

H03 - ADDITION/DELETION OF ITEMS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I01 - CLAUSES INCORPORATED BY REFERENCE

I02 - NOTIFICATION OF OWNERSHIP CHANGES

I03 - OZONE DEPLETING SUBSTANCES

I04 - GOVERNMENT PROPERTY

I05- Notification of Subcontracting Plan

I05(B) - SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)(DEVIATION)

I06- CONFIGURATION MANAGEMENT

I07 - POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATIONS

I08- ORDERING OFFICERS UNDER THE CONTRACT (ADD-IN)

PART III - LIST OF DOCUMENTS, EXHIBITS and OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS and OTHER INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR

K01 - CLAUSES INCORPORATED BY REFERENCE

K02 - ANNUAL REPRESENTATIONS AND CERTIFICATIONS

K03 - ECONOMIC PURCHASE QUANTITY—SUPPLIES

K04 - COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

K05 - PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES

K06 - DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT

K07 - IDENTIFICATION OF SOURCES OF SUPPLY

K08 - HAZARD WARNING LABELS

K09 - BUY AMERICAN ACT-BALANCE OF PAYMENTS PROGRAM CERTIFICATE

K10 - BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS

PROGRAM CERTIFICATE

K11 - REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

K12 - GOVERNMENT PROPERTY OFFERED/REQUIRED FOR USE

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L01 - CLAUSES INCORPORATED BY REFERENCE

L02 - NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE

L03 - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA

L04 - CERTIFICATE OF CURRENT COST OR PRICING DATA

L05 - TYPE OF CONTRACT

L06 - SERVICE OF PROTEST

L07 - REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND CANADA-

SUBMISSION WITH OFFER

L08 - RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (FMS)

L09 - REQUESTS FOR EQUITABLE ADJUSTMENT

L10 - REVIEW OF AGENCY PROTESTS

L11- REPORTING OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS THAT CONTAIN

SPECIALTY METALS AND ARE INCORPORATED INTO NONCOMMERCIAL END ITEMS

L12 - ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RESTRICTING THE USE OF MANDATORY ARBITRATION AGREEMENTS

L13—PROPOSAL CHECKLIST

SECTION M - EVALUATION FACTORS FOR AWARD

M01 - NO EVALUATION OF TRANSPORTATION COSTS

PART I - THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

A01 - NOTICE TO OFFERORS – REQUIREMENTS CONTRACT

1. This solicitation will ultimately result in Award of a three (3) year Fixed Price Requirement that will be added as a new line item to subsumable contract SPM4AX-11-D-9402. This contract was issued to BAE Systems Information & Electronics Systems Integration Inc. ,Cage (94117), expiring 31 December 2015. This contract was awarded under umbrella contract: SP0400-06-D-9405. The point of contact for contract administration issues is: Melissa Small (256)876-1602.

For information explaining how this type of contract works, see the following pages.

2. Prices will be for the items specified on the Schedule Sheet of this Solicitation, for a period of:

One (1) year BASE period from the date of awardand two one(1) year options. The ordering period for the second option year, FY16, will be abbreviated, expiring on 31 Decmber 2015, coinciding with the expiration of the subsumable contract noted above.

3. The quantities specified on the Schedule Sheet are the Government’s Best Estimated Quantities (BEQs), alternately referred to as Estimated Annual Demands (EADs). The actual quantities will be stipulated on each order issued under this contract.

4. Offerors are requested to provide fixed prices and delivery for each item on the Schedule Sheet contained in this solicitation.

5. All orders placed under the contract shall be issued as Priced Orders. Therefore, offerors are requested to submit fixed prices for each year included in the BASE period.

6. Offerors are requested to propose the most expeditious delivery schedule for each item in each year.

7. BOA Contractors are cautioned:

Submit a proposal in accordance with the terms and conditions of THIS solicitation.

8. Only Approved Sources are Solicited and Eligible for Award.

The subject items require Government Source Approval prior to contract award, as the items are Flight Critical and/or technical data available has not been determined adequate to support acquisition via full and open competition. Only the sourc(s) previously approved by the Government for these items have been solicited. The time required for approval of a new source is normally such that award cannot be delayed pending approval of a new source.

9. In addition to all other terms and conditions of this solicitation, Offerors are cautioned to pay particular attention to the following Clauses, as they contain the provisions and instructions pertaining to REQUIREMENTS Contracts.

FAR 52.216-18

Ordering

FAR 52.216-19

Order Limitations

FAR 52.216-21

REQUIREMENTS

FAR 52.247-50

No Evaluation of Transportation Costs

10. Far 52.247-50 NO EVALUATION OF TRANSPORTATION COSTS (APR 1984) Costs of transporting supplies to be delivered under this contract will not be an evaluation factor for award.

A02 - TYPE OF CONTRACT - REQUIREMENTS CONTRACT

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a REQUIREMENTS CONTRACT for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery-Order Limitations Clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days after the date of the last order placed during the effective period of the contract.

EXCEPTIONS TO THE REQUIREMENTS CONTRACT

Notwithstanding any other provisions of the contract, the Government shall not be obligated to order supplies under this contract if:

A. The Contractor is delinquent in delivery of material on one or more previous orders issued under this contract.

If the Government does issue an order despite the existence of one of the above circumstances, It shall be a valid order subject to all the terms of this contract, and the Contractor shall proceed accordingly.

SECTION B - SUPPLIES/SERVICES AND PRICES

B01 - SUPPLIES AND EFFORT TO BE ORDERED (“SCHEDULE SHEET”)

SPRPA1-13-R-034X

NAME OF OFFEROR OR CONTRACTOR

BAE Systems (94117)

P/N : A3301522-1

NSN: 7RH 5865-01-518-5251

PACKAGING: SEE ATTACHMENT

INSPECTION AT ORGIN

ACCEPTANCE AT ORGIN

To comply with the DoD mandate to get better value for defense goods, a target unit price reduction of 10% or better is established for this requirement. This price reduction is additive to any other price benefits attributable to market conditions, economic trends and/or quantity variances. Please aggressively evaluate opportunities for reducing overhead costs, improving business practices and reducing wasteful, inefficient process prior to submitting your offer for this requirement.

For Critical Safety Items (CSI), DFARS clause 252.209-7010, Identification of Critical Safety Items, is incorporated by reference. For items which Government Inspection and Acceptance will be conducted at the source, DLAD clause 52.246-9004, Product Verification Testing, is incorporated by reference. DLAD clauses can be viewed at http://www.dla.mil/Acquisition /Pages/DLAD.aspx As applicable, DFARS clause 252.242-7005, Contractor Business Systems, is incorporated by reference.

DLAD provision 52.215-9023, Reverse Auction, is incorporated by reference.

OPTIONAL FORM 336 (4-86)

SECTION B - SUPPLIES/SERVICES AND PRICES

B01 - PLACING AND PROCESSING ORDERS

ORDERING FAR 52.216-18 (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of Delivery Orders or

Task Orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of this contract through the expiration date of the contract.

(b) All Delivery Orders or Task Orders are subject to the terms and conditions of this Contract.

In the event of conflict between a Delivery Order or Task Order and this contract, the Contract shall control.

(c) If mailed, a Delivery Order or Task Order is considered "issued" when the Government deposits the Order in the mail. Orders may be issued orally, by facsimile, or by Electronic Commerce methods, only if authorized in the Schedule.

ORDER LIMITATIONS FAR 52.216-19 (OCT 1995)

(A) MINIMUM ORDER: When the Government requires supplies or services covered by this contract in quantities less than (SEE BELOW), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under this contract.

(B) MAXIMUM ORDER: The Contractor is not obligated to honor--

(1) Any order for a single item in excess of (SEE BELOW)

(2) Any order for a combination of items in excess of (N/A); or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) above.

(C) If this is a requirements contract (i.e., includes the Requirements Clause Far 52.216-21 of the Federal Acquisition Regulations), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(D) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

ITEM

YEAR

MINIMUM ORDER QUANTITY

MAXIMUM ORDER QUANTITY

There is NO TOTAL QUANTITY MIN/MAX and NO LIMIT on number of orders to be issued.

1. FORM AND CONTENT OF ORDERS

Orders issued under this Contract shall be in writing and prepared on DD Form 1155.

However, if an EXIGENCY so demands, orders may be issued via electronic transmission (e.g. FAX) and will be confirmed by DD Form 1155 as soon as practicable thereafter, and will bear the notation "CONFIRMING ORDER".

In addition, in all cases, each DD Form 1155 order shall include the following:

a. Contract number and order number, effective date of order, and appropriate reference to this contract.

b. Citation of the negotiation authority pursuant to which the order is negotiated.

c. Description of supplies to be procured including item number, nomenclature, part number, national stock number, quantity, delivery schedule, unit and extended price.

d. Where appropriate, special instructions regarding shipping, place of inspection and delivery, and DoD priority designation.

e. Applicable appropriation and accounting data, packing/packaging instructions, and special invoicing instructions, if applicable.

f. Applicable DO Rating certified under DMS Regulation No. 1.

3. OBLIGATIONS OF CONTRACTOR

a. The Contractor shall, except as specified in paragraph (b) below, proceed to perform each Priced Order issued under the contract immediately upon receipt. The issuance of such an order under this Requirements vehicle shall constitute a contract.

b. The contractor shall not proceed if:

(1) Any order for which any of the representations or certification set forth by the Contractor in this contract cannot also be made by the Contractor in regards to any such order.

(2) Any order line item which requires an article which has been superseded as the result of an engineering change and the contractor is not authorized to proceed with production in accordance with the clause herein entitled "Design Changes" (Section C01).

c. Where the Contractor is not authorized to proceed with production, the Contractor shall so advise the PCO (by email or FAX, if available) within fifteen (15) working days after receipt of the order, and await instruction from the PCO regarding orders described above. Such instructions shall be issued within fifteen (15) working days, or such additional period as the PCO may require after being advised by the Contractor of the circumstances preventing the start of performance.

With respect to (2) above, the Contractor shall advise the PCO of the specific representation or certification that cannot be made as to an order and reason(s) therefore.

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C01 - DESIGN CHANGES

(a) This Section (C01) is applicable to all orders issued under this contract unless otherwise stated in the specific order.

(b) All Government approved production design changes in parts, subassemblies or complete articles furnished or to be furnished by the contractor directly or indirectly to Defense Logistics Agency (DLA) shall be deemed to relate to and affect the corresponding spare items (parts, subassemblies, or complete articles) as may be ordered under this contract whenever:

(i) performance or durability is affected to such an extent that superseded parts, subassemblies, or complete articles must be discarded in services for reasons of safety or unsatisfactory functioning.

(ii) dimensions of parts, subassemblies, or complete articles are affected to such an extent that the superseded and superseding parts, subassemblies or complete articles are not directly and completely interchangeable with respect to installation and/or performance, or

(iii) superseded parts are limited to use in specified articles or models and the superseding parts are not so limited as to use.

(c) When each such Government approved production design change relates to and affects such items as may be ordered hereunder, contractor, within thirty (30) working days from the date of Government approval of such change or within the ten (10) working days from the time of publication by the contractor of such change, whichever is sooner, shall:

(i) take immediate steps to the end that the items to be delivered hereunder shall as rapidly as practicable and in such manner as not unduly to interfere with production schedules, unless authorized by the Contracting Officer, embody such change;

(ii) submit to the ordering activity three (3) copies of the approved Change in Design together with drawings;

(iii) submit to the ordering activity ten (10) copies of an "Analysis of Spare Parts Change" in form substantially similar to Attachment 1 to this contract. The Analysis of Spare Parts Change shall reference the approved Change in Design Number and the order under this contract or letter of intent to which the Analysis of Spare Parts Change shall relate. The Analysis of Spare Parts Change shall be assigned numbers to run consecutively beginning with Number 1, and shall, in addition to the foregoing, show the following information under numbered columns as follows:

Col. 1 - Item Number - The spare parts order item number of the superseded part when applicable, and the assigned item number for the superseded part.

Col. 2 - Superseded Part Number - The superseded contractor's part number or numbers.

Col. 3 - Superseding Part Number - The superseding contractor's part number or numbers. If the superseded part number is superseded by several part numbers, all superseding numbers shall be shown.

Col. 4. - Quantity on Order - The quantity on accepted orders of the superseded part and the superseding part if there are any of the superseding parts on order.

Col. 5 - Quantity Shipped Scheduled to Effective Data - The total quantity that has been shipped plus the quantity of superseded part to be shipped prior to effective date of incorporation of engineering change.

Col. 6. - Balance on Contract - The balance on contract of the superseded part (Col. 4 minus Col 5.).

Col. 7 - Nomenclature of the superseded and superseding parts.

Col. 8 - Quantity per Model - The number of units of the superseding and the superseded parts per model as affected by the Approved Engineering Change or Substitution or Improvement.

Col. 9 - Equipment Models - The basic model or models to which the superseding and superseded parts are applicable as affected by the Change in Design.

Col. 10 - Quantity to Remove - Quantity of superseded part to be removed from contract order or orders.

Col. 11 - Quantity to Add - Quantity of superseding parts to be added to contract order or orders; and estimated change in delivery schedules, lead time, if any, and budgetary price for informational purposes.

Col. 12 - Remarks - The pertinent comments of the contractor concerning reasons for the change in parts on order.

(d) Within thirty (30) working days from the forwarding of such "Analysis of Spare Parts Change" to the Ordering Activity Code 0221.04, the contractor shall:

(i) Receive approval of the superseding part number and quantity specified in the "Analysis of Spare Parts Change" from the aforementioned Government activities or,

(ii) Receive advice in writing that all or a specified number of the articles thereafter to be delivered hereunder shall not embody such change and the contractor shall make the appropriate adjustment accordingly, Four (4) copies of the approved "Analysis of Spare Parts Change" shall be forwarded to the contractor. If neither a change to the "Analysis of Spare Parts Change" nor an approved "Analysis of Spare Parts Change" is received by the contractor within the thirty (30) working days specified above, the contractor shall proceed with deliveries under the order in accordance with the changes specified in the "Analysis of Spare Parts Change" as originally forwarded by the contractor.

(e) Appropriate adjustment, if any, with respect to price, cost of compliance with the change, and other relevant provisions of the contract, shall be made thereafter by the Cognizant Contracting Officer in accordance with the procedures set forth in the section of the contract entitled "Changes".

(f) As used in this section, the term:

(i) "Government approved production design change" or "change in design" will be deemed to include without limitation, all engineering changes, improvements or substitutions as may be approved or coordinated by Defense Logistics Agency or the authorized representative thereof, including the prime weapon system manufacturer.

(ii) "Interchangeable" shall be deemed to relate to (1) installational or physical interchangeability of complete articles or subassemblies, or (2) functional interchangeability of complete articles or subassemblies, or (3) physical or functional interchangeability of the detail parts within complete articles or subassemblies.

(iii) "Analysis of Spare Parts Change" shall be deemed to relate to all parts, subassemblies, or complete articles on order hereunder affected by a Government approved production design change, and not merely to "Parts".

(iv) "Publication" shall mean the issuance by the Engineering Department of the contractor and/or weapon system manufacturer to all parties concerned (including the Government) with the making of such change of specific directions to be used by the contractor with respect to the making thereof (called "Engineering Change No: ").

C02 - SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS

DFARS 252.211-7005

(NOV 2005)

(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2).

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall(

(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted;

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;

(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards:

(Offeror insert information for each SPI process) SPI Process:

Facility:

Military or Federal Specification or Standard:

Affected Contract Line Item Number, Subline Item Number, Component, or Element:

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror(

(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.

SECTION D – PACKAGING AND MARKING (Clauses in this section are incorporated by reference)

D01 – DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUGUST 2011)

DFARS 252.211-7003 is incorporated by reference into this contract. Implementation of the UID requirement will be via contract modification. Pricing and accounting for UID costs will be consistent with applicable requirements. Requirements for valuation will be passed along to subcontractors.

Costs associated with engineering or drawing updates or similar issues shall not be included or funded in Defense Logistics Agency (DLA) contracts. Contractor implementation of the UID marking requirement under this contract will begin following an OSD approval of the Program Office implementation plan that includes updated technical specifications detailing how the item is to be marked.

As such time, the Contractor may be required to provide a plan outlining how this requirement will be implemented. For planning purposes, development of specific marking requirements will be based on MIL-STD-130M (or later, as in effect on the date of the contract award) criteria. As part of the plan, the contractor may be required to, for example, identify all parts with MIL-STD-130 identification plates, how parts with such plates will be marked and how items without such plates will be marked. Configuration management provisions of the contract apply to UID requirements.

D02 - RADIO FREQUENCY IDENTIFICATION DFARS 252. 211-7006 (SEPT 2011) Applies to individual cases and palletized unit loads for the shipment of items in the supply classes and to the locations identified in DFARS 211.275-2.

D03 - ITEM MARKING REQUIREMENTS DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

Item Marking Requirements and methods for identification of Items of Military Property Produced, Stocked, Stored, and Issued by or for the Department of Defense (DoD) shall be in accordance with MIL-STD-130 REV N.

D04 - PRESERVATION, PACKING AND MARKING DFARS 252.211-7004 ALTERNATE PRESERVATION, PACKAGING, AND PACKING (DEC 1991) The contractor shall preserve, pack and mark all items as cited below.

(DA07LN)

NAVSUPWSSDA07 PRESERVATION, PACKING AND MARKING (September 2011)

The contractor shall preserve, pack and mark all items as cited below.

1. PRESERVATION REQUIREMENTS

a. SYSTEM STOCK SHIPMENTS - The contractor shall preserve all items intended to enter the military distribution system (stock) in accordance with the MIL-STD-2073-1D, “Standard Practice for Military Packaging”, Packaging Requirements Code specified in the Schedule. When a Specialized Preservation Code/Method of Preservation (table JI-Ia) is invoked, and one or more of the following packaging fields (WM, CUD, CT, UC) value is a 00 (numeric), the Specialized Preservation/MOP procedure and materials takes precedence. Disregard “HM” and “LP” fields and replace “SPMK 99” with “00”. Contractor can access https://tarp.navsisa.navy.mil for code interpretation.

b. IMMEDIATE USE/INSTALLATION AND PART NUMBER BUY SHIPMENTS – Government (PCO/ACO) approval is required for all items determined to be for immediate use (e.g. CASREP, AOG, or Repair line stoppage). Any national stock numbered (NSN) item required for immediate use or direct installation, or part number item (authority granted to ship without NSN) shall be preserved and packed in accordance with ASTM D 3951-98, “Standard Practice for Commercial Packaging”, for all shipments to a continental United States (CONUS) government activity or contractor-owned facility. Marking shall be in accordance with MIL-STD-129P, “Military Marking for Shipment and Storage”. All buys destined for overseas shipment shall be preserved in accordance with MIL-STD-2073-1D.

2. PACKING REQUIREMENTS – The contractor shall pack as follows. Exterior shipping containers for Packing Levels A and B are detailed in MIL-STD-2073-1D, Appendix C, Table C.II. Reusable containers, fast pack containers or wood containers are shipping containers and do not require overpacking for shipment.

Domestic Shipments (CONUS):

Level B

Overseas Shipments (OCONUS) (including Navy ships at sea):

Via air, FPO, APO

Via freight forwarder

Via surface

Level A

3. MARKING REQUIREMENTS - All unit, intermediate and shipping containers shall be marked in accordance with MIL-STD-129P. In addition, the following specific requirements apply:

a. ADDITIONAL MARKING FOR SPARES ONLY – Each MIL-STD-129P label shall also include the following:

1) Supplementary Procurement Instrument Identification Number (SPIIN) – the 4-digit order number that follows the basic BOA or long-term contract number (i.e. 0001, A001, 5001, 7001, etc.),

2) Contract Line Item Number (CLIN) – the 4-digit individual line item number (i.e. 0001, 0002, etc), and

3) SubCLIN – the 6-digit sub line item number (i.e. 0001AA, 0001AB, 0002AA, 0002AB, etc).

b. 2D BAR CODE MILITARY SHIPPING LABEL (MSL) – 2D bar code requirements in accordance with MIL-STD-129P, Paragraph 4.2.2.6

c. RADIO FREQUENCY IDENTIFICATION (RFID) LABEL – RFID requirements in accordance with clause DFARS 252.211-7006

d. DEPOT LEVEL REPAIRABLE (DLR) LABELS

1) Items identified with a Cognizant Code of either “7” or an even number preceding the NSN (e.g. 7RH 5826-01-428-9999) are defined as DLR items. DLR items require that a DLR label to be placed on the outside of the unit, the intermediate and the shipping container for accountability and control purposes. The outside of each unit, intermediate and shipping container shall be affixed with the applicable label as close to the bar code label as possible.

EXCEPTION: When a DLR item requires use of both a reusable INNER unit container and a reusable OUTER shipping and storage container (excluding wood and fiberboard), only the INNER unit container shall be affixed with a DLR label. In these cases only, DLR labels shall NOT be placed on the OUTER reusable container.

2) Labels are available via the Naval Forms Online website: http://navalforms.daps.dla.mil. The website will advise the procedures for ordering and establishing an account. When searching for the DLR label, the following procedure should be followed:

a) Click on “Keyword Search”

b) Under "Search Criteria", type in “DLR”

NSN

PER UNIT PACKAGE

2 in. x 3 in.

Container

NAVSUP 1397-1

3 in. x 5 in.

Container

NAVSUP 1397

Labels may also be obtained by faxing a copy of the contract page containing the DLR label requirement to 215-697-2424.

e. SPECIAL MATERIAL IDENTIFICATION CODE (SMIC) (UNIQUE TO NAVSUP WEAPON SYSTEMS SUPPORT, MECHANICSBURG SITE, MARITIME REQUIREMENTS)

1) Certain Program-related items are identified by a two-position SMIC, which appears as a suffix to the NSN (eg. 1H4730-00-900-1317 L1), and require special markings. Containers shall be marked with letters, maximum two inches high on two (2) sides and two ends as follows:

LEVEL 1

CLEAN O2-N2

O2-N2

* denotes Oxygen Clean requirements in accordance with MIL-STD-1330 “Precision Cleaning and Testing of

Shipboard Oxygen, Helium, Helium-Oxygen, Nitrogen, and Hydrogen Systems.”

4. UNITED NATIONS (UN), INTERNATIONAL PLANT PROTECTION COMMISSION (IPPC) RESTRICTIONS REGARDING WOOD PACKAGING MATERIAL (WPM) In accordance with the requirements of International Standards for Phytosanitary Measures (ISPM) 15 "Guidelines for Regulating Wood Packaging Material in International Trade," approved by the Interim Commission on Phytosanitary Measures of the IPPC Convention on 14 Mar 2002 https://www.ippc.int/ and imposed by the United Nations (UN), and in accordance with DoD Manual 4140.01.65 “Compliance for Defense Packaging: Phytosanitary Requirements for Wood Packaging Material (WPM),” the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board. All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and 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 and ends of the pallet and be 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 ALSC approved DUNNAGE stamp. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry, possibly causing unacceptable delay in delivery of needed parts.

5. NAVY SHELF LIFE PROGRAM

Navy shelf-life requirements are listed under the item description in a 3-digit alpha/numeric code. Position one (1) is the DOD shelf-life code, defining the type of shelf-life for an item (Type I, non-extendible or Type II, extendible), and the number of months an item can remain ready for issue in a Navy specified package. Positions two (2) and three (3) combined form the Navy-unique shelf-life action codes used by storage activities, and do not impose any requirements on the contractor. The contractor shall use the applicable shelf-life paragraphs and table in MIL-STD-129P to apply either Type I or Type II shelf-life markings for an item's unit, intermediate and shipping containers. Contractors will ensure that at least eighty-five (85%) of the Navy shelf-life requirement is remaining when received by the first government activity.

6. REUSABLE NSN CONTAINERS

An item that has an NSN assigned in the “Container NSN” field (eg . 8145012622982) requires shipment in a metal or plastic reusable shipping and storage container.

a. REUSABLE CONTAINERS FOR NAVSUP WEAPON SYSTEMS SUPPORT, MECHANICSBURG SITE, MARITIME REQUIREMENTS

Reusable NSN containers for maritime material (designated by a Cognizant Code of “7E”, “7G” and “7H”) shall be provided as CONTRACTOR-FURNISHED MATERIAL (CFM). Source lists of container manufacturers may be obtained by contacting 215-697-5842.

b. REUSABLE CONTAINERS FOR NAVSUP WEAPON SYSTEMS SUPPORT, PHILADELPHIA SITE, AVIATION REQUIREMENTS

Reusable NSN containers (excluding wood and fiberboard) for aviation material (designated by a Cognizant Code of “7R”,“6K” or “0R”) shall be provided as GOVERNMENT-FURNISHED MATERIAL (GFM). Fast Pack containers WILL NOT be provided as GFM. To obtain GFM reusable containers, the contractor must first obtain a Container Request Form either from https://tarp.navsisa.navy.mil/container or by contacting 215-697-5842, then fax the completed form to 215-697-1405/3850 at least 90 days prior to the anticipated shipping date (monthly for repair contracts). If the Navy’s Container Management Area (CMA) informs the contractor that containers are unavailable, the following alternate packaging requirements apply. Under no circumstances will the unavailability of reusable containers be an excusable delivery delay. Unit packs shall be designed to conserve weight and cube while retaining the protection required and enhancing standardization.

ALTERNATE PACKAGING REQUIREMENTS FOR

ITEMS ASSIGNED THE FOLLOWING CONTAINERS:

Container

NIIN

Container

Part Number(80132) Alternate Packaging Code

IAW MIL-STD-2073-1D

(QUP = 001)

(ICQ = 000)

(QUP = 001)

(ICQ = 000)

(QUP = 001)

(ICQ = 000)

All excess empty reusable shipping and storage containers shall be turned-in to the nearest Container Reuse and Refurbishment Center (CRRC). CRRC locations/points of contact can be found at https://tarp.navsisa.navy.mil/crrc or by contacting 215-697-2063.

7. REUSABLE NSN CONTAINERS FOR FOREIGN MILITARY SALES (FMS), JPO OR OTHER FOREIGN FORCES ACQUISITION

a. Reusable shipping and storage containers shall be provided as CONTRACTOR-FURNISHED MATERIAL (CFM), unless otherwise specified.

b. Contractors may tender offers including alternate, non-reusable, packaging methods and be considered responsive.

8. MATERIAL SAFETY DATA SHEETS

If the subject solicitation contains clauses FAR 52.223-3 “Hazardous Material Identification and Material Safety Data” and DFARS 252.223-7001 “Hazard Warning Labels” the offeror is required to list any hazardous material to be delivered under the resultant contract by the submission of Material Safety Data Sheets (MSDSs) to the NAVSUP Weapon Systems Support Contracting Officer prior to award. A copy must also be provided to NAVSUP Weapon Systems Support, Code 0772, P.O. Box 2020, 5450 Carlisle Pike, Mechanicsburg, PA 17055-0788 or via FAX number 717-605-3480.

9. TRANSPORTATION

The Defense Transportation Regulation, DoD 4500.9-R, Part II prescribes transportation requirements for shipment of DoD material. Specifically,

a. All shipments must comply with ITV requirements by providing movement data to GTN via EDI using American National Standards Institute (ANSI) X12 codes (SDDC Freight Traffic Rules Publication [MFTRP] NO. 1C, Rules and Accessorial Services Governing the Movement of Department of Defense Freight Traffic by Motor Carrier, Item 13).

b. All shipments will comply with DOD AIT standard marks as identified in the DTR and Military Standard (MIL-STD)-129, Department of Defense Standard Practice, Military Marking For Shipment and Storage, http://www.acq.osd.mil/log/rfid/mil_std_129pch3.htm. Shipments must be marked with a Military Shipping Label (MSL) containing bar code symbols as identified in Defense Transportation Regulation, Part II, Chapter 208.

c. All export OCONUS shipments entering the Defense Transportation System must be pre-cleared using an Advanced Transportation Control and Movement Document(s) (ATCMDs) through the sponsoring shipper service Airlift Clearance Authority (ACA).

In addition, the DTR provides detailed requirements for transportation of classified material. To ensure requirements of the Defense Transportation Regulation are met, the contract should cite FOB Origin terms, making the government responsible for transportation. FOB Origin transportation ensures lowest possible transportation cost, rapid delivery worldwide, door-to-door tracking of shipments, duty-free customs clearance for overseas shipments without the need for export licenses, and compliance with all DoD transportation requirements.

Contact NAVICP PHIL 0344.02 at (215) 697-2886 for transportation-related assistance.

SECTION E - INSPECTION AND ACCEPTANCE

E01 - INSPECTION OF SUPPLIES - FIXED-PRICE

FAR 52.246-2 (AUG 1996)

The clause of the Federal Acquisition Regulation set forth at FAR 52.246-2, is hereby incorporated by reference with the same force and effect if set forth in full.

(x ) Alternate I (JUL 1985) applies when a fixed-price incentive contract is contemplated

( ) Alternate II (JUL 1985) applies when a fixed-ceiling-price contract with retroactive price redetermination is contemplated

E02 - RESPONSIBILITY FOR SUPPLIES

FAR 52.246-16 (APR 1984)

This clause of the Federal Acquisition Regulation set forth at FAR 52.246-16, is hereby incorporated by reference with the same force and effect as if set forth in full.

E03 --

HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT – MIL-I/MIL-Q (OCT 2008)

(a) In accordance with FAR 52.246-11, the contractor shall comply with MIL-I-45208 Quality System, or for purposes of this solicitation and resultant contract, the following documents are considered optional and equivalent and the Offeror may choose one of the options below by checking the appropriate block:

[ ] ISO 9001-Quality System-Model for Quality Assurance in Design, Development, Production, Installation and Servicing

[ ] ASQC-Q9001-Quality System- Model for Quality Assurance in Design, Development, Production, Installation and Servicing

[ ] SAE-AS9100-Quality System Aerospace - Model for Quality Assurance in Design, Development, Production, Installation and Servicing

[ ] OTHER (Specify) _______________________________________ NOTE: When the “OTHER” block is selected, please identify the commercial, military, international or industry quality/inspection system that you intend to use. Your proposed system will be reviewed and assessed for suitability and equivalency.

(b) The contractor shall use and be compliant with the revision of the applicable quality standard in effect at time of the Offeror's latest proposal submission.

(c) Measuring and Test Equipment - The contractor shall use a calibration system that meets the requirements of MIL-STD-45662A, ANSI/NCSL-Z540.3-2006, or ISO 10012-1. Contractor use of a calibration system other than one specified herein will require DLA review and concurrence.

E04 - INSPECTION AND ACCEPTANCE AT ORIGIN

Except as otherwise specified in the order, Final inspection and acceptance of the articles or services to be furnished pursuant to orders issued hereunder shall be made by the cognizant government inspector at the contractor's or subcontractor's plant.

SECTION F - DELIVERY OR PERFORMANCE

F01 - CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.neco.navy.mil/clauses.cfm

FOB ORIGIN

F02 - PLACE OF DELIVERY

FOB ORIGIN

A. Subject to FAR 52.247-29 “FOB Origin” the articles to be furnished shall be delivered FOB Origin at the plant or plants where the articles will be offered for acceptance.

B. Shipment will be made at Government expense to the destinations specified on each Priced Order under this Contract. The method of shipment will be specified by the cognizant Government Inspector when the articles are ready for shipment.

C. The Government shall have the right to change the destinations specified herein. Any adjustment in contract price at time of delivery due to resulting changes in packing or marking shall be subject to FAR 52.243-1 of this contract entitled "Changes-Fixed Price".

D. If this solicitation is an Invitation for Bids, bidders are advised that a bid submitted on a basis other than FOB Origin may be rejected as nonresponsive. If this solicitation is a Request for Proposals (RFP) or a Request for Quotation (RFQ), offers are cautioned that an offer submitted on a basis other than FOB Origin may not be considered for award.

F03 - TIME OF DELIVERY FAR 52.211-8 (Jun 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY

WITHIN DAYS

AFTER DATE OF CONTRACT

0001 To Be Specified in Each Order Begin 330 Days ADC @ 6/Month The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY

WITHIN DAYS

AFTER DATE OF CONTRACT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract.