SPRPA120R001U.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 700) DO 1 110

2.CONTRACT NUMBER 3.SOLICITATION NUMBER 4.TYPE OF SOLICITATION 5.DATE ISSUED 6.REQUISITION/PURCAHSE NUMBER

SPRPA1-20-R-001U

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY CODE SPRPA1 8. ADDRESS OFFER TO (If other than Item 7)

DEFENSE LOGISTICS AGENCY

DLA PHILADELPHIA

DLR PROCUREMENT OPERATIONS, DSCR-AP

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 (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 ►

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER EXT

Amy Yeager 215 737 - 5111 Amy.Yeager @dla.mil

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 7-9 X I CONTRACT CLAUSES 43-89

X B SUPPLIES OR SERVICES AND PRICES/COSTS 10-11 PART III – LIST OF DOCUMENTS, ESHIBITS ANDOTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 12-14 X J LIST OF ATTACHMENT 90

X D PACKAGING AND MARKING 15-19 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 20-25

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

90-104

X F DELIVERIES OR PERFORMANCE 26-28 X

X G CONTRACT ADMINISTRATION DATA 28-32 X L INSTRS.,CONDS., AND NOTICES TO OFFERORS 105-110

X H SPECIAL CONTRACT REQUIREMENTS 33-42 X M EVALUATION FACTORS FOR AWARD 110

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.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS(%) CALENDAR DAYS(%)

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

14. ACKNOWLEDGEMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or Print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE – ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18.OFFER DATE

AREA

CODE NUMBER EXT

AWARD (To be completed by Government)

19.ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL ANDOPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN

IN(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28.AWARD DATE

(Signature of Contracting Officer) IMPORTANT – Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Instructions for users of this contract:

For all actions under this contract (or Subsumables), it is the responsibility of the ordering office to comply with all applicable acquisition regulations.

Effective August 13, 2020, the offeror, by submission of its quotation, represents it: (1) will not provide covered telecommunications equipment or services to the government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation in accordance with FAR 52.204-24(d)(1); (2) does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services in accordance with FAR 52.204-24(d)(2); and (3) does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the government in the performance of any contract, subcontract, or other contractual instrument in accordance with DFARs 252.204-7016(c)

TABLE OF CONTENTS

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.

All Clause full text and incorporated by reference will be in the Clause Matrix Attachment 1 of the solicitations

PART I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

A01 – Requirements Contract A02 – Type Of Contract – Requirements Contract A03 – Ordering Authority and Instruction Regarding Numbering of Individual Delivery Orders A04 – Form and Contents of delivery orders A05 – The parties of this CONTRACT agree that orders issued hereunder shall become binding contracts when:

A06 – Instructions for users of this contract

SECTION B – SUPPLIES OR SERVICES AND PRICES

B01 – Funding B02 – Placing And Processing Orders B03 – Order Limitations

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C01 – Statement Of Work C02 – Contractor Retention of Supply Chain Traceability Documentation

C03 - Warstopper Program Material Buffer Availability C04 - Tailored Logistics Support Purchasing Reviews

SECTION D – PACKAGING AND MARKING

D01 – Packing And Marking D02 – MIL-STD Requirements D03 – Hazardous/Shelf Life Items D04 – Passive Radio Frequency Identification

SECTION E – INSPECTION AND ACCEPTANCE

E01 – Inspection Of Supplies – Fixed-Price E02 – Higher-Level Contract Quality Requirement E03 – Certificate of Conformance E04 – Inspection and Acceptance at Destination E05 – Inspection and Acceptance at Source E06 – Source Inspected Supplies E07 – Non-Source Inspected Suppliers E08 – Quality Provisions E09 – Superseded Part-Numbered Items

E10 – PQDR/SDR

SECTION F – DELIVERY OR PERFORMANCE

F01 – Clauses Incorporated By Reference F02 – Variation in Quantity F03 – Point of Contact for Transportation Instructions F04 – TAC Codes F05 – Delivery F06 – Diminishing Manufacturing Sources (DMS)/Obsolences

SECTION G – CONTRACT ADMINISTRATION

G01 – Delegation DCMC G02 – Wide Area Workflow Payment Instructions G03 – Contractor Activity

G04 – Contracting Ordering Activity

SECTION H – SPECIAL PROVISIONS

H01 – Demand Bands H02 – Exit Phase H03 – Addition/Deletion of Items H04 – Data

H05 – Excusable Delays H06 – Method of Payment H07 – Conformed Contract H08 – Earned Value Management H09 – Incentive Price Revision-Firm Target H10 – F.O.B. Origin, Government Arranged Transportation H11 – Contractor’s Drawings H12 – Use of Government Property H13 – Small Business Disincentive/Incentive Calculation H14 - Sourcing for Critical Safety Items H15 – Section 508 Requirements

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

Note the parties agree that the below clause versions will be used for the initial order. However, the parties acknowledge and agree that as future orders are issued, the government will unilaterally update the clauses in the request for proposals for use on each individual orders to stay current with regulartory guidelines and requirements such as FAR, DFAR , DLAD etc.

I01 – Clauses Incorporated By Reference I02 – Disputes I03 – Notification Of Ownership Changes I04 – Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons I05 – Contracting Officer’s Represntative I06 – Critical Safety Items I07 – Requests For Equitable Adjustment I08 – Item Identification And Valuation I09 – Option To Extend The Term Of The Contract I10 – Ground and Flight Risk I11 – Assignment of Claims I12 – Displays of Hotline Posters I13 – Incorporation by Reference of Represntations and Certifications I14 – Alternative Line Item Proposal I15 – Equal Opportunity I16 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment I17 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment I18 – Covered Telecommunications Equipment or Services-Representation I19 – Covered Defense Telecommunications Equipment or Services-Representation

I20 – Equal Opportunity for Veterans I21 – Equal Opportunity for Workers with Disabilities I22 – Intent to Furnish Precious Metals as Government-Furnished Material I23 – Contract Definitization I24 – Reporting, Reutilization, and Disposal I25 – Transportation of Supplies by Sea-Basic I26 – Information Regarding Responsibility Matters I27 – Post-Award Small Business Program Represtnation I28 – Place of Manufacture I29 – Subcontracts I30 – Commerical Bill of Lading Notations I31 – Solicitation Provisions Incorporated by Reference I32 – Alterations in Solicitation I33 – Alterations in Contract I34 – Authorized Deviations in Clauses I35 – Approval of Contact

PART III – LIST OF DOCUMENTS, EXHIBITS and OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

1 – Clause Matrix 2 – Government Furnished Tooling/Special Test Equipment Accountability Form 3 – Earned Value Management Waiver 4 – Performance Based Parts List

PART IV – REPRESENTATIONS and OTHER INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFEROR

K01 – Clauses Incorporated By Refernce K02 – Annual Representations and Certifications (Including Alternate A, 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 – Representation Of Extent Of Transportation By Sea K11 – Commercial Derivative Military Article-Specialty Metals Compliance Certificate

K12 – Representation by Corporations Regarding Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law K13 – Public Disclosure of Greenhouse Gas Emissions And Reduction Goals-Representation

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 L09 – Review Of Agency Protests L10 – Authorized Deviations in Provisions L11 – Proposal Checklist L12 – Section 508 Requirements

SECTION M - EVALUATION FACTORS FOR AWARD

M01 – Evaluation

PART I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

A01 – REQUIREMENTS CONTRACT

1. This award results in one five (5) year BASE period Fixed Price REQUIREMENTS contract with one five (5) year OPTION period.

2. Prices will be for the items specified on the Section B - Supplies or Services and Prices Schedule Sheet for a period of one five (5) year BASE period with one five (5) year OPTION period.

3. The Contractor will provide pricing and delivery in their proposal.

4. All orders placed under the contract shall be issued as Priced Orders.

5. In addition to all other terms and conditions of this award, the Contractor is cautioned to pay particular attention to the following Clauses, as they contain the provisions and instructions pertaining to REQUIREMENTS Contracts.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

FAR 52.247-50 No Evaluation of Transportation Costs (APR 1984)

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 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 or performance at multiple locations.

(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 final date of delivery for each order and completion of all backorders.

A03- ORDERING AUTHORITY AND INSTRUCTION REGARDING NUMBERING OF INDIVIDUAL

DELIVERY ORDERS

SPRPA1-XX-D-XXXX BCOI Subsumable PIIN Index

Subsumable PIIN CLIN Description

XXXXX 0002 Title of Program

a) Contracting (Ordering) activities identified in section G02 are authorized to issue orders under

CLINs via Subsumable PIINs as identified within the table above.

b) All delivery orders issued under CLINs via Subsumable PIINs as identified within the table above for this contract will utilize a unique designation in the first two positions of the delivery order to identify the orders issued by each ordering activity. The issuing activities for the above CLINs will issue orders in accordance with G04.

c) Individual delivery orders shall be issued from each FMS customer and end-user. The applicable FMS case number shall be included on the front of the order utilizing the six-digit FMS code (i.e.

XX-X-XXX). FMS requirements will be order segregated from DoD and other FMS customer requirements.

A04 FORM AND CONTENTS OF DELIVERY ORDERS

a) The delivery order number, date and appropriate reference to the CONTRACT.

b) Applicable appropriation and accounting data; special invoicing instructions, if applicable.

c) Special shipping instructions, place of delivery, place of inspection, DOD Priority Designator and Surveillance Criticality Designator.

When not specifically assigned in a delivery order against this CONTRACT, the TAC code default assignment for DLA Richmond is as follows:

⋅ First Destination Transportation (FDT) TAC – S8AF ⋅ Second Destination Transportation (SDT) TAC – S9NA

d) Applicable DO Rating certified under DPAS Regulation (15CFR 700).

When the DPAS rating in block 5 of the delivery order is blank, DO-C9 is applicable.

e) Descriptions and the part numbers of the particular spare to be furnished, the quantity of each, the stock number, if available.

f) Agreed upon delivery schedules, firm unit prices, firm extended amounts and the total price for the delivery orders.

g) Such other terms and conditions as may be pertinent and peculiar to the spares thereby ordered.

A05 THE PARTIES OF THIS CONTRACT AGREE THAT ORDERS ISSUED HEREUNDER

SHALL BECOME BINDING CONTRACTS WHEN:

a) Issued by the Contracting Officer in acceptance of the Contractor’s written offer, or

b) The Contracting Officer issues a unilateral order and the Contractor fails to reject, in writing, the order within 30 calendar days following its receipt of the order, or

c) The Contractor indicates acceptance of the order by letter, email, posting on a server/web site, facsimile or signature on the contractual order form issued by the Contracting Officer.

A06 Instructions for users of this contract

For all actions under this contract (or Subsumables), it is the responsibility of the ordering office to comply with all applicable acquisition regulations.

Item No Supplies/Services Quantity Unit Unit Price Total Amount

PERFORMANCE BASED SUPPORT

OF ITEMS NOTED IN

ATTACHMENT XX

1 LO TBD TBD

Title of Program TBD TBD TBD TBD

B01 – FUNDING

Funding will be negotiated for each requirement. Payment schedules will reflect value delivered which may not result in equal payments per month/year.

B02 – PLACING AND PROCESSING ORDERS

ORDERING FAR 52.216-18 (AUG 2020)

(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 date of award through 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) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

SECTION B – SUPPLIES OR SERVICES AND PRICES

B03 ORDER LIMITATIONS FAR 52.216-19 (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of _____________ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of ______________ [insert dollar figure or quantity];

or

(3) A series of orders from the same ordering office within _____________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), 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) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, 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 _____ 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.

https://www.acquisition.gov/content/52216-21-requirements#i1058745

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C01 – STATEMENT OF WORK

Each program/requirement will have their own SOW and Attachments. The contractor will submit their proposals based on the individual SOW and the terms of this basic contract.

The Statement of Work (SOW) defines the responsibilities of The Boeing Company, hereinafter referred to as “the Contractor”, and the Defense Logistics Agency (DLA) as associated with the establishment and operation of a material support contract. The requirements will flow to the Contractor via the following categories:

(1) Performance Based (PB), (2) Stock (STK), (3) Transactional (TRX), (4) Depot Level Support, (5) Derivative Support (other categories may be added in the future).

STK items are defined as pre-priced items that are delivered lead time away. TRX items are individually priced and lead times will be developed as part of the Request for Quote (RFQ) between DLA and the Contractor.

The establishment and execution of a DLA/Boeing partnership entails a world-wide support strategy that stresses speed and responsiveness in order to provide flexible, timely, and cost effective support to the end user.

C02- Contractor Retention of Supply Chain Traceability Documentation (JUN 2020)

(1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved manufacturer and conforms to the technical requirements.

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, if available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.

(3) Contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit Detection and Avoidance Program (CDAP) website (http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/).

(4) The contractor shall immediately make documentation available to the contracting officer upon request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for six years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

C03 - Warstopper Program Material Buffer Availability (JUN 2020)

(1) The Warstopper Program material Buffer (Buffer) helps decrease lead times for raw material to support defense contracts relating to military systems with a wartime requirement. The World Wide Web Industrial Capabilities Assessment Program (WICAP) Website (https://www.jccs.gov/wicap) identifies current material buffer suppliers and materials. If buffer material is unavailable or the quantity of material is inadequate to complete the requirement, the contractor shall contact the contracting officer representative (COR) for guidance.

When a buffer is established, the contractor shall use the following process to submit requests for buffer material. A contractor (or sub-tier contractor supporting a prime contractor) with a current, active U.S.

Government contract shall submit a valid request to use buffer material to the COR for the respective buffer material. The COR will review the submittal and approve or disapprove the request. The contractor shall include the following information in the request:

(a) Requestor’s name;

(b) U.S. Government contract number;

(c) Defense Priorities and Allocations System (DPAS) rating;

(d) Material specification;

(e) Quantity required;

(f) Required delivery date; and

(g) Whether there is a pre-existing supply contract with the material buffer contractor.

(2) If no prior contractual relationship exists between the contractor requesting access to the buffer material and the material buffer contractor, the material buffer contractor is authorized to enter into a contract to provide material from the buffer after the COR approves a valid request The contractor shall include this action in the monthly report submitted to the COR. When requests exceed the buffer’s maximum monthly material availability, the material supplier may negotiate phased delivery of material across the material monthly availability; or the Government COR may prioritize the release of the material at the Government’s discretion.

(3) The material price for contractors accessing the material buffer is the material price identified in any pre-existing contract with the material buffer contractor. The material price for contractors with no pre-existing contract with the material buffer contractor is the standard (not spot market levels) pricing for the material.

Contractors using the buffer are solely responsible for costs of using the buffer, and the Government has no liability either for these costs or for delays or other effects arising from the use of the buffer.

(4) The buffer material provided is not Government-furnished material, but is a normal vendor-to-vendor transaction with all applicable warranties and guarantees provided through the commercial transaction.

C04 - Tailored Logistics Support Purchasing Reviews (FEB 2017)

(1) From the commencement of performance of this contract until 3 years after the final contract payment, the contractor must allow the contracting officer, ACO, Defense Contract Management Agency (DCMA), Defense Contract Audit Agency (DCAA), and any other duly authorized representative of the contracting officer access to all records and information pertaining to those items or services for which the Government is relying on the contractor’s purchasing system to determine that competition was obtained or to justify that prices are fair and reasonable. The contractor must maintain records subject to this clause for not less than 3 years after the contract final payment.

(2) The contracting officer may conduct reviews of purchased items or services provided under this contract regardless of dollar value that meet the criteria in paragraph (1) to ascertain whether the contractor has obtained the best value. The contractor must obtain competition to the maximum extent practicable for all purchases.

Prior to purchasing any supplies or services, the contractor must solicit a competitive quotation from at least two independently-competing firms. For other than sole source items, the request for quotations must, to the maximum extent practical, solicit offers from different manufacturers or producers. If the contractor is unable to obtain quotes for competing items from two or more independently-competing firms, the contractor must retain documentation supporting its rationale for selection of the suppliers solicited and selected and its determination that the price was fair and reasonable. The contractor is responsible for maintaining this documentation for all sole source/noncompetitive actions. The following price reasonableness and documentation requirements are applicable to all purchases, regardless of dollar value:

(i) A price is reasonable if it does not exceed a price incurred by a prudent person in the conduct of competitive business. The contracting officer will examine the prices with particular care in connection with buys that may not be subject to effective competition restraints. The contractor’s price will not be presumed to be reasonable. If an initial review of the facts results in a challenge of a specific price by the contracting officer or the contracting officer’s representative, the burden of proof must be upon the contractor to establish that the price is reasonable under the standards in FAR Subpart 15.4 and FAR 31.201-3.

(ii) The contractor must keep the documentation to a minimum, but must retain data supporting the purchases either by paper or electronically. At a minimum, price quotations and invoices must be retained. Should the contractor receive an oral price quotation, the contractor must document who the supplier or subcontractor is by complete name, address, telephone number, price, terms and other conditions quoted by each vendor. Price quotes for supplies must be broken down by individual items, shipping costs, and any other included expenses.

Price quotes for incidental services which are not pre- priced in the contract must include labor hours and costs or prices, as applicable, including the total price of the job, individual pricing for the portions of the work if applicable, materials, and all other elements of cost, overhead, and profit. This price breakdown documentation must be made for each subcontractor performing work on this contract.

(3) When applicable, if the contractor is purchasing from subcontractors or other sources and receives a discount or rebates, the contractor must immediately pass these savings to the Government in the contract price and invoice for payment. The contractor is required to use diligence in the selection of the most economical method of delivery of the product or services by selecting a best value method of delivery based on the urgency and nature of the work or product required. When labor hours are involved in the work to be accomplished and the contractor has not already pre-priced the effort to use its own labor force, the contractor must provide the labor at rates required by the contract (for example, Service Contract Act or Davis-Bacon Act rates) or at rates based on competition if mandatory rates are not required by the contract.

(4) If the contracting officer determines that the purchased product or service is unreasonably priced, the contractor must refund to the Government the amount the contracting officer determines is in excess of a reasonable price. The contracting officer must notify the contractor in writing in accordance with FAR 32.604 Demand for Payment, giving the basis for the determination and the amount to be refunded. The contractor must make the refund payment in accordance with directions from the contracting officer, and must provide proof of the refund payment to the contracting officer. The contracting officer may collect the amount due using all available means in accordance with FAR Subpart 32.6. FAR 52.232-17, Interest, is applicable to payments not made within 30 days of the demand for payment. Any disputes arising under this provision must be handled in accordance with the “Disputes” clause of this contract.

SECTION D – PACKAGING AND MARKING

D01 - Packaging and Marking Any delivery orders issued for CAGE code 0PXV4 will be packaged in accordance with American Society for Testing and Materials (ASTM) standard D3951-10, Standard Practice for Commercial Packaging or MIL-STD- 2073.

D02 - MIL-STD Requirements

Items will be packaged in accordance with MIL-STD-2073-1E DoD Standard Practice for Military Packaging and marked in accordance with MIL-STD 129R DoD Standard Practice for Military Marking for Shipment and Storage. The Contractor is required to package material in accordance with Quantity Unit Pack (QUP) and the Unit of Issue (UI) specified in each requisition/order. The requirements of this standard apply to items for which military packaging is required to meet operational demands. These items include:

a. Items delivered during wartime for deployment with or sustainment to operational units

b. Items that are depot level repairables (DLRs)

c. Items requiring reusable containers

d. Items intended for Outside Continental U.S. (OCONUS) deliver or delivery-at-sea

e. Security Assistance/Foreign Military Sales/Grant Aid (unless otherwise directed by the destination country)

f. Items that are designated to ship DLA Direct for depot storage

D03 - Hazardous/Shelf Life Items

Hazardous items and shelf life items will be marked in accordance with MIL-STD 129R. Higher level packaging in accordance with MIL-STD-2073 is mandatory for all shipments that meet the criteria for hazardous material. The contractor is required to package hazardous/shelf-life material in accordance with the Quantity Unit Pack (QUP), specified in MIL-STD-2073; and the Unit of Issue (UI), specified in each delivery order. A packing slip shall be located in a plastic pouch on the outside of the package. For HAZMAT destined OCONUS, a hard copy of the Safety Data Sheet (SDS) or Technical data Sheet must also be included.

The supplies shall comply with applicable packaging requirements of the latest edition of the international civil aviation organization (ICAO) technical instructions for the safe transport of dangerous goods by air, the international maritime dangerous goods code (IMDG CODE), title forty-nine of the code of federal regulations (49 CFR), and Air Force Joint Manual (AFJMAN) 24-204, preparing hazardous materials for military air shipments.

Unless otherwise specified by the procuring activity, interior and exterior containers of hazardous material shall be properly classified, documented, certified, described, packaged, marked, and labeled in accordance with ICAO, IMDG, 49 CFR, AFJMAN 24-204, and MIL-STD-129R. Because the ICAO and IMDG publications are not published by the U.S. Government Printing Office, a list of sources, including private companies, where the publications may be obtained is also provided. The companies cited below are provided for your information and mention of these companies does not indicate endorsement by DLA Aviation. This list is not inclusive of all companies which may be able to provide these required publications.

LABELMASTER

5724 N. PULASKI ROAD

CHICAGO, IL 60646

1-800-621-5808

UNITED NATIONS PUB. ROOM DC 2-853

NEW YORK, NY 10017

212-963-8302

UNZ AND COMPANY

190 BALDWIN AVE

JERSEY CITY, NJ 07306

1-800-631-3098.

UNIPUB

4611-F ASSEMBLY DRIVE

LANHAM, MD 20706

301-459-7666

NEW YORK NAUTICAL INSTRUMENT AND SERVICE

140 W. BROADWAY

NEW YORK, NY 10013

212-962-4522

All performance test requirements shall be supported by certificates and reports attesting to the date and data results obtained from performance oriented packaging testing. The Contractor as the certifier shall be responsible for providing testing services. Contractors which do not self-certify shall be responsible for assuring that third party sources providing performance testing services are in fact registered with the Department of Transportation (DOT). Performance oriented packaging is applicable to all classes of hazardous materials excluding radioactive material, cylinders and other receptacles for compressed gases, Packaging with a net mass exceeding 882 pounds and packages with a capacity exceeding 118.8 Gallons. All certificates and reports shall be available for inspection by an authorized Government representative for a period of not less than 3 years.

D04 - PASSIVE RADIO FREQUENCY IDENTIFICATION DFAR 252.211-7006 (DEC 2019)

(a) Definitions. As used in this clause—

“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.

“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:

(1) Sand.

(2) Gravel.

(3) Bulk liquids (water, chemicals, or petroleum products).

(4) Ready-mix concrete or similar construction materials.

(5) Coal or combustibles such as firewood.

(6) Agricultural products such as seeds, grains, or animal feed.

“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.

“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its content.

“EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards for the adoption of passive RFID technology.

“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.

“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.

“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal™ Class 1 Generation 2 standard.

“Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.

“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).

(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that—

(i) Are in any of the following classes of supply, as defined in DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management Procedures: Materiel Returns, Retention, and Disposition:

(A) Subclass of Class I – Packaged operational rations.

(B) Class II – Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.

(C) Class IIIP – Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.

(D) Class IV – Construction and barrier materials.

(E) Class VI – Personal demand items (non-military sales items).

(F) Subclass of Class VIII – Medical materials (excluding pharmaceuticals, biologicals, and reagents – suppliers should limit the mixing of excluded and non-excluded materials).

(G) Class IX – Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts;

and

(ii) Are being shipped to one of the locations listed at https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html or to—

(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to—

(B) The following location(s) deemed necessary by the requiring activity:

Contract Line, Subline, or Exhibit Line Item Number Location Name City State DoDAAC

(2) The following are excluded from the requirements of paragraph (b)(1) of this clause:

(i) Shipments of bulk commodities.

(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.

https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html

(c) The Contractor shall—

(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID tags and conforms to the requirements in paragraph (d) of this clause;

(2) Use passive tags that are readable; and

(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.

(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.gs1.org/epc-rfid.

(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.

(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.

(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1).

(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003 , Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.

http://www.gs1.org/epc-rfid http://www.acq.osd.mil/log/sci/ait.html https://www.acquisition.gov/dfars/part-252-clauses#DFARS-252.232-7003 https://wawf.eb.mil/

SECTION E – INSPECTION AND ACCEPTANCE

E01 – INSPECTION OF SUPPLIES - FIXED-PRICE FAR 52.246-2 (AUG 1996) – (Includes ALT 1-

JUL 1985)

Inspections shall be done on a non-interference basis and will be conducted in a manner that will not unduly delay the contract work.

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) 1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies.

Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred, in the total final negotiated cost fixed under the incentive price revision clause. However, replacements or corrections by the Contractor after the establishment of the total final price shall be at no increase in the total final price.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1)by contract or otherwise, remove, replace, or correct the supplies and equitably reduce the target price or, if established, the total final price or (2) may terminate the contract for default. Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule, the Contracting Officer may require their delivery and equitably reduce any target price or, if it is established, the total final contract price. Failure to agree upon an equitable price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the…