Attach0002_AdditlTandCs.doc

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Ultrasonic Welder Federal contract opportunity
Solicitation number
W52P1J-15-T-WLDR
Issued by
Department of the Army Materiel Command Joint Munitions Command

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W52P1J-15-T-WLDR

Additional Terms and Conditions Ultrasonic Welder

1. Technical Data Package Information, and Distribution and Destruction of Restricted Technical Data, Local Clause 52.0000-4502 (Nov 2012)

(a) Army Contracting Command - Rock Island (ACC-RI) will no longer make Technical Data Packages (TDPs) available for order via CD-ROMS. TDPs will be obtained electronically via the link(s) below which will direct you to the Federal Business Opportunities (FBO) website. You must have an FBO account prior to accessing any TDP(s). To register for an account in FBO, please visit http://www.fbo.gov/index and click on “Register Now” under Vendors/Citizens. The toll free FBO helpdesk phone number is (866) 606-8220 and for international (334) 206-7828. Vendors are responsible for placing correct information in FBO.

(b) You may need to use special software to view the documents that we post to the FBO. This viewing software is freeware, available for download at no cost from commercial websites like Microsoft and Adobe. Additionally, some TDPs may require Lucent Viewer to view the TDP(s) which is available as freeware at: http://www.ec-edi.com/.

(c) The TDP(s) for this solicitation will be accessible via the FBO website (as described below) from the date of issue through the time specified in the solicitation for receipt of offers.

(d) FOR UNRESTRICTED TDPs:

(1) TDPs for this solicitation are unrestricted and can be accessed electronically via the FBO website. The URL will take you to that CLIN’s web-located TDP. You must have an FBO account prior accessing the TDP.

(2) To access the TDP(s), click directly on the link provided below to be directed to the TDP. You may also copy and paste the link into your browser and hit the Enter key. You will be prompted for your FBO username and password prior to gaining access to the TDP.

CLIN: -1-

TDP Link (URL): -2-

(e) FOR RESTRICTED TDPs:

TDPs and any other related documents, if applicable, for this solicitation is restricted and can be accessed electronically via the FBO website, with valid contractor login credentials. TDPs and any other related documents are posted with various options, such as Restricted and Export Control. These additional controls are described below:

(1) Access to RESTRICTED TDPs

Technical Data Packages that have been marked as 'Restricted' can be accessed electronically via the FBO website, with valid contractor login credentials. TDPs that have been marked as 'Restricted' will require approval from the Contracting Officer prior to gaining access to the requested information. To request access click on the link(s) provided below, log in to FBO, click on the “packages” sub-tab and then click on the “request explicit access” button. Completion of a “Use and Non-Disclosure Agreement” may be required prior to gaining access to the TDP. Please allow 2-3 working days to process your request. You will receive a system generated email from FBO stating you have been granted permission for viewing or downloading the TDP items.

(2) Access to EXPORT CONTROL TDPs

(i) TDPs that have been marked as 'Export Control' can be accessed electronically via the FBO website, with valid contractor login credentials. In addition, to obtain access to these TDPs, vendors and contractors must have a current DD 2345, Militarily Critical Technical Data Agreement on file with Defense Logistics Information Service (DLIS). If you do not have an approved DD 2345, Militarily Critical Technical Data Agreement on file with DLIS then you will not be able to access the TDP. To obtain certification, go to http://www.logisticsinformationservice.dla.mil/jcp/, click on documents and follow instructions provided. Processing time is estimated at five working days after receipt.

(ii) TDPs that have been marked as ‘Export Control’ will require approval from the Contracting Officer prior to gaining access to the requested information. To request access click on the link(s) provided below, log in to FBO, click on the “packages” sub-tab, enter your Marketing Partner Identification Number (MPIN) and click on the “request explicit access” button. The requestor must be the "data custodian" that is listed on the DD 2345. Please allow 2-3 working days to process your request. If the company MPIN changes the user will be required to verify the MPIN again to gain access to ‘Export Control’ TDP(s). Completion of a “Use and Non-Disclosure Agreement” may be required prior to gaining access to the TDP. You will receive a system generated email from FBO stating you have been granted permission for viewing or downloading the TDP items.

(iii) If multiple individuals in your company need access to the Export Control TDP for a solicitation, it can be obtained from your data custodian that is listed on the DD 2345.

(iv) TDPs that have an Export Control Warning Notice are subject to the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et.seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq.

CLIN: 0001

TDP Link (URL): https://www.fbo.gov/notices/968f175e7d8d494b806cef3b645f3061

(3) Further dissemination of Restricted TDPs must be in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(4) Upon completion of the purposes for which the restricted technical data has been provided, the Contractor is required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Contractor. Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

(f) Questions related to registration in FBO should be directed to http://www.fbo.gov/index. The FBO helpdesk phone number is (866) 606-8820. Vendors are responsible for placing correct information in FBO. A user guide for FBO can be found at http://www.fbo.gov/index - on the right of the screen is User Guides - click on “Vendor”.

2. Crane Army Ammunition Activity Delivery Instruction, Local Clause 52.0046-4001 (Jul 2014) CAAA receiving hours are 0700 - 1430 BY APPOINTMENT ONLY; Includes Inert &

Freight All Kind (FAK); Mon - Thurs; appointments will be made via Carrier

Appointment System (CAS). Carriers without access to the CAS System, call

(812)854-2199 or (812)854-2339, 48 hours prior to delivery for appointment.

Failure to follow the protocol stated herein and/or obtain a scheduled delivery time prior to delivery, may result in the truck being turned away.

Crane Army Ammunition Activity

300 Highway 361 Crane, IN 47522

3. F.O.B. Destination, FAR 52.247-34, (Nov 1991) (Incorporated by Reference)

4. Qualifying Country Sources as Subcontractors, DFARS 252.225-7002 (Dec 2012) (Incorporated by Reference)

5. Buy American-Free Trade Agreements-Balance of Payments Program Certificate - Alternate I, DFARS 252.225-7035 Alt I (Nov 2014)

(a) Definitions.“Canadian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation, will evaluate offers of qualifying country end products or Canadian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation, the offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and

(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror shall identify all end products that are not domestic end products.

(i) The offeror certifies that the following supplies are qualifying country (except Canadian) end products:

(Line Item Number) (Country of Origin)

(ii) The offeror certifies that the following supplies are Canadian end products:

(Line Item Number) (Country of Origin)

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

(Line Item Number) (Country of Origin (If known))

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