SOLICITATION PROVISIONS AND CONTRACT CLAUSES
SUBPART 52.1 - INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
52.101 Using Part 52
52.102 Incorporating provisions and clauses
SUBPART 52.2 - TEXTS OF PROVISIONS AND CLAUSES
52.200 Scope of subpart.
52.208-9000 Price adjustment on Federal Prison Industries, Inc. (FPI)
contracts/orders.
52.208-9001 Acquisition of Federal Prison Industries Items
52.209-9001 Source Approval – Aircraft Launch and Recovery Equipment
52.211-9000 Government Surplus material.
52.211-9001 Market acceptance.
52.211-9002 Priority rating.
52.211-9003 Conditions for evaluation of offers of Government surplus material.
52.211-9004 Priority rating for various long-term contracts.
52.211-9005 Conditions for evaluation and acceptance of offers for critical safety items.
52.211-9006 Changes in contractor status, item acquired, and/or manufacturing process/facility -- critical safety items.
52.211-9007 Withholding of Materiel Review Board (MRB) authority -- critical safety items.
52.211-9008 Bar Coding Requirements for Direct Vendor Delivery (DVD) Shipments – DD Form
52.211-9009 Non-acceptability of Government surplus material.
52.211-9010 Military shipping label (MSL) requirements – MIL-STD-129P.
52.211-9011 BSM delivery terms & evaluation
52.211-9012 Obsolete Components/Materials
52.211-9013 Shipper’s Declaration of Dangerous Goods
52.211-9014 Contractor Retention of Traceability Documentation
52.211-9018 Availability of Mylar Drawings.
52.211-9021 Variation in Quantity
52.211-9022 Superseded Part-Numbered Items
52.211-9023 Substitution of Item After Award
52.211-9024 Shelf-Life Items Manufacturing Restrictions for FSG 91 DLAD (Aug 2007)
52.211-9025 Compliance with National Sanitation Foundation (NSF Requirements
52.211-9026 Delays in Shipment of Products Requiring USDA laboratory Analysis
52.212-9000 Changes – Military Readiness
52.212-9001 Application of fast payment to Part 12 acquisitions.
52.213-9000 Quantity break.
52.213-9001 Evaluation factor for source inspection.
52.213-9002 Indefinite Delivery Purchase Order (IDPO) Agreement.
52.213-9003 Indefinite Delivery Purchase Order (IDPO) Contract.
52.213-9004 Offeror representations, certifications, and fill-in information
- electronic commerce
52.213-9005 Reserved & Aavailable
52.213-9006 Reserved & Available
52.213-9007 DLA Internet Bid Board System (DIBBS) Quoting Information for BSM Automated
Solicitations
52.213-9008 Procurement Automated Contract Evaluation (PACE) Information
52.213-9009 Fast Payment Procedure.
52.214-9001 Schedule -firm fixed price & fixed price with economic price
adjustment.
52.214-9002 Trade discounts.
52.214-9003 Right to apply f.o.b. origin offer.
52.214-9004 Subcontracting to other industrial preparedness planned
producers.
52.215-9001 Evaluation factor for preaward survey.
52.215-9002 Socioeconomic Proposal.
52.215-9003 Socioeconomic Support Evaluation.
52.215-9004 Javits-Wagner-O'Day Act entity proposal.
52.215-9005 Javits-Wagner-O'Day Act entity support evaluation.
52.215-9006 Javits-Wagner-O'Day Act entity support - contractor reporting.
52.215-9007 Preproposal Conference
52.215-9008 Facsimile Bids and Proposals
52.215-9009 All or None for Automated Procurements.
52.215-9010 All or None (IFB/RFP only)
52.215-9011 Requirements for Quantity Increments or Ranges
52.216-9000 Implementation of FAR 52.216-2 Economic price Adjustment—Standard Supplies.
52.216-9001 Implementation of FAR 52.216-3 Economic price Adjustment—Semistandard Supplies.
52.216-9002 Implementation of FAR 52.216-4 Economic price Adjustment—Labor & Material.
52.216-9003 Economic Price Adjustment-Specialty Metals – Market Price -
Prospective Adjustments
52.216-9006 Addition/Deletion of Items.
52.216-9007 Contract and Delivery Order Limitations
52.216-9008 Offeror’s Quantity Limintations
52.216-9009 Estimated Total Quantity
52.216-9010 Contract Quantity Limitations
52.216-9011 Economic price adjustment – DoD electronic mall (EMALL)
52.216-9012 Economic price adjustment – For UGR – A components Actual Material Costs
52.217-9000 Data pricing, evaluation, and award.
52.217-9001 Option to extend the term of the contract - separate firm
fixed price & fixed price with economic price adjustment
portions.
52.217-9002 Conditions for evaluation and acceptance of offers for part
numbered items.
52.217-9003 Manufacturing or production information.
52.217-9004 Reopener Clause - Cost of Specified Direct Materials/Other
Direct Cost Item.
52.217-9005 Reopener Clause - Pending Indirect Rates Proposal.
52.217-9006 Limitations on Surge and Sustainment (S&S) Investments.
52.217-9017 Tailored Logistics Support Purchasing Reviews
52.219-9001 Set-Asides of Acquisitions of Items Listed in the Schedule of Products Made in Federal Penal and Correctional Institutions.
52.219-9002 DLA Mentoring Business Agreements (MBA) Program.
52.219-9003 DLA Mentoring Business Agreements (MBA) Performance.
52.219-9004 Small Business Program Representations.
52.219-9005 RESERVED.
52.219-9006 RESERVED.
52.219-9007 RESERVED.
52.219-9008 Combined HUBZone/Small Business Set-Aside Instructions – Type 1.
52.219-9009 Combined HUBZone/Small Business Set-Aside Instructions – Type 2.
52.219-9010 RESERVED.
52.219-9011 RESERVED.
52.219-9012 RESERVED.
52.219-9013 Combined Set-Aside Instructions – Type 1.
52.219-9014 Combined Set-Aside Instructions – Type 2.
52.219-9015 Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions – Type 1.
52.219-9016 Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions – Type 2.
52.219-9017 Small Business Set-Aside Portion - Equal
52.222-9000 Davis-Bacon Act - price adjustment.
52.223-9000 Material safety data sheets and hazard warning labels.
52.223-9001 Estimate of Re-Refined Oil Content DLAD (Aug 2007)
52.225-9000 Reserved.
52.225-9001 Reserved.
52.225-9002 FMS shipping instructions.
52.227-9000 Commercial Manuals For Naval Shipboard Use Items
52.227-9001 Evaluation of Offers for Manuals
52.227-9002 Data – English Language
52.227-9003 In Plant Equipment (IPE) Contract Data Requirements
52.227-9004 Demilitarization – Small Arm Weapons and Parts and Accessories (Category I – Munitions List Items)
52.227-9005 Restrictions on Use of Boeing Rights Guard Technical Data
52.227-9006 Use of Colt Industries Restricted Technical Data
52.227-9007 Restrictions on Use of OTO Melara-Limited Rights Technical Data
52.227-9008 Restriction on Use of FN Herstal Technical Data
52.228-9000 Insurance
52.229-9000 Kentucky sales and use tax exemption.
52.230-9000 Submission of Data on Facilities Capital Cost of Money
52.232-9000 Progress Payment Data.
52.233-9000 Agency protests.
52.233-9001 Disputes: Agreement to use Alternate Disputes Resolution (ADR)
52.239-9000 Y2K Compliance Notice - DLAD
52.242-9000 Production Progress Reports
52.242-9001 Notification of Shipment
52.245-9001 Evaluation of Use of Government Furnished Property
52.245-9002 Use of Government Furnished Property
52.245-9003 Transportation Costs of GFP
52.245-9005 Government-Owned Tooling
52.245-9006 Use of Government-Owned Tooling
52.245-9007 Use of Government-Owned Special Tooling or Test Equipment
52.245-9008 Use of Government Facilities on a No Charge Basis
52.246-9000 Certificate of quality compliance.
52.246-9001 Manufacturing process controls and in-process inspections.
52.246-9003 Measuring and test equipment.
52.246-9004 Product verification testing.
52.246-9005 Note to Contractor for Inspection (ALRE)
52.246-9007 Inspection and Acceptance at Destination
52.246-9008 Inspection and Acceptance at Origin
52.246-9009 Lubricating Oil, Internal Combustion Engine MS9250 (A Qualified Product)
52.246-9010 Determination of Quantity Specific to Lubricating Oils
52.246-9011 Liquefied Petroleum Gases Quality Assurance
52.246-9012 Preparation for Delivery and Inspection of Fresh Fruits and Vegetables
52.246-9013 Contractor and Government Samples at Origin
52.246-9014 Certificate of Conformance
52.247-9000 Guaranteed maximum shipping weights or dimensions.
52.247-9001 Port handling and ocean costs in bid evaluation.
52.247-9003 Reserved.
52.247-9004 Reserved.
52.247-9005 Reserved.
52.247-9006 FOB Destination Price Quoting Instructions -- Overseas DVD and Navy Ships.
52.247-9007 FOB Destination Price Quoting Instructions -- CONUS DVD
52.247-9008 FOB Destination Price Quoting Instructions -- FMS
52.247-9009 FOB Destination Price Quoting Instructions -- Canadian FMS
52.247-9010 FOB Destination Price Quoting Instructions – Shipment to Depot
52.247-9011 Distribution planning and Management System (DPMS) Pilot (APR 2006)52.247-9012 Requirements for treatment of wood packaging material (WPM).
52.247-9013 F.O.B. Origin and/or F.O.B. Port(s) of Loading (Destination) in Offer Evaluation
52.247-9014 Evaluation of Offers via Export Aerial Ports
52.247-9015 Loading Capabilities for Bulk Shipments
52.247-9018 Utilization of Containers (Seavans) for Export Shipments
52.247-9019 Shipments Direct to Port Terminals for Export
52.247-9020 Advance Notice of Late, Short or Non-Shipment of Supplies
52.247-9022 Evaluation of Transportation Costs – Order Quantity
52.247-9023 Evaluation of Transportation Costs – Bulk Shipments
52.247-9024 F.O.B. Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees Within CONUS or Canada
52.247-9025 F.O.B. Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees Outside CONUS or Canada
52.249-9000 Administrative costs of reprocurement after default.
SUBPART 52.1 - INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
(b) Numbering.
(2) Provisions or clauses that supplement FAR and DFARS.
(ii) Only those provisions and clauses in this directive that are codified are preceded by an assigned CFR chapter number.
(B) See 1.301-91(c).
(f) Dates. Provisions and clauses in this directive that were formerly in the Defense Logistics Procurement Regulation (DLPR) bear the DLPR date when the provision or clause was transferred verbatim to this directive or when only editorial changes were made. Where only editorial changes were made to clauses or provisions in this edition, the date was not changed.
52.102 Incorporating provisions and clauses.
(b)(90) The following Web address shall be inserted in the spaces provided for this purpose in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, and the clause at FAR 52.252-2, Clauses Incorporated by Reference: http://www.dla.mil/j-3/j-336/icps.htm. (This page can also be reached by accessing the J-71 Web page at http://www.dla.mil/j-3/j-336/logisticspolicy/procurementlinks2.htm and selecting “Go to FAR/DFARS & Local Clauses.”
(91) The Web page referenced above will provide links to all provisions and clauses (FAR, DFARS, DLAD, and local) that are incorporated by reference in DLA solicitations and awards. J-71 shall maintain the Web page and the DLAD provisions and clauses. Buying activities shall maintain their local provisions and clauses.
(92) Buying activities shall also ensure that quality assurance provisions (QAPs), contract data requirements lists (CDRLs), and other similar contract requirements can be accessed electronically and are incorporated by reference. If the electronic address where these documents can be accessed is other than the Web page referenced above, that address shall also be identified in FAR 52.252-1 and 52.252-2.
(93) Archive databases of provisions, clauses, and other contract requirements that are incorporated by reference and have been superseded within the last three years (or longer period, if determined appropriate by the buying activity) shall also be maintained and made accessible electronically. The archive database shall identify a point of contact who can provide older documents that are not available in the archive database. J-71 and the buying activities shall maintain the DLAD and local archives, respectively.
(94) Buying activities may identify reasonable circumstances when incorporation in full text is appropriate, such as the following:
(i) For approximately the first six months after a significant new policy is issued (e.g., Central Contractor Registration);
(ii) When incorporation by reference is not practical, effective, or efficient (e.g., when a provision or clause is almost entirely composed of fill-ins);
(iii) When noncompliance with contract terms is significantly reduced by incorporation in full text; or
(iv) When incorporation in full text is more suitable to the nature of the business segment (e.g., for commodities subject to voluminous technical requirements that change frequently).
* * * * *
SUBPART 52.2 - TEXTS OF PROVISIONS AND CLAUSES
This subpart sets forth the texts of all DLAD provisions and clauses, and for each provision and clause, gives a cross-reference to the location in the DLAD that prescribes its use.
52.208-9000 Price adjustment on Federal Prison Industries, Inc. (FPI) contracts/orders.
As prescribed in 8.604(c)(90)(i), insert the following clause:
PRICE ADJUSTMENT ON FEDERAL PRISON INDUSTRIES, INC. (FPI) CONTRACTS/ORDERS (DEC 1991) - DLAD
The unit price in this contract/order is subject to later adjustment if necessary to incorporate the results of agreement between the Commissioner of FPI and the Executive Director, Acquisition Management , HQ DLA, or their authorized representatives. The arbitration provision of Section 4124 of Title 18, United States Code, shall not be exercised except in the case of a disagreement on the part of the Commissioner, FPI and the Executive Director, Acquisition Management , HQ DLA.
(End of clause)
52.208-9001 Acquisition of Federal Prison Industries Items.
As prescribed in 8.602(a)(i)(90), insert the following provision:
ACQUISITION OF FEDERAL PRISON INDUSTRIES ITEMS (JUNE 2002) – DLAD
For items listed on the Federal Prison Industries (FPI) Schedule of Products Made in Federal Penal and Correctional Institutions, issuance of this solicitation will constitute market research. Price, quality, and delivery will be evaluated both as part of the contracting officer’s award decision and as the comparability determination required by Defense Federal Acquisition Regulation Supplement (DFARS) 208.602. The award evaluation and comparability determination will be conducted using the award criteria contained in this solicitation. FPI will receive an order to fulfill this requirement if its offer is comparable to those from private-sector sources. By signing an award resulting from this solicitation, the contracting officer signifies that a comparability determination has been made.
(End of Provision)
52.209-9001 Source Approval – Aircraft Launch and Recovery Equipment
As prescribed in 9.290(a) insert the following provision:
SOURCE APPROVAL – AIRCRAFT LAUNCH AND RECOVERY EQUIPMENT (Apr 2007) - DLAD
(a) To be eligible for award under this solicitation, an offeror must be an approved source or provide the product of an approved source as determined by the Engineering Support Activity, Naval Air Warfare Center Aircraft Division (NAWC) Lakehurst. The criteria and procedures for source approval is contained in Part I of the Naval Inventory Control Point Philadelphia (NAVICP) brochure entitled "Source Approval Information Brochure for Spares". The latest version of this brochure may be obtained by accessing NAVICP's website,
https://www.navsup.navy.mil, Our Team à NAVICP à Business Opportunities à Commodities à Source Approval Request (SAR) Brochure - Spares
(b) To assist in the determination of source approval, the offeror may be required to submit to a survey prior to award in which NAWC Lakehurst may participate.
(c) In addition, the offeror must provide the following information, which may be considered in determining whether the offeror is an approved source:
(1) A source approval letter from NAVICP's Engineering and Product Support Directorate;
(2) Successful completion of a prior U.S. Government Contract for the same item(s) being procured under this procurement, or;
(3) Other evidence indicating that the offeror meets the source approval criteria.
(End of Provision)
52.211-9000 Government surplus material.
As prescribed in 11.304-91(a), insert the following clause:
GOVERNMENT SURPLUS MATERIAL (APR 2002) – DLAD
(Previous versions of this clause are considered obsolete.)
(a) Definition.
“Surplus material,” as used in this clause, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the Defense Reutilization and Marketing Service (DRMS), by contractors authorized by DRMS, or through another Federal Government surplus program. The terms “surplus” and “Government surplus” are used interchangeably in this clause.
(b) The Offeror agrees to complete this clause and provide supporting documentation as necessary to demonstrate that the surplus material being offered was previously owned by the Government and meets solicitation requirements. The Offeror must provide this information and any supporting documentation on or before the date that quotes/offers are due; or within the timeframe specified by the Contracting Officer, if additional documentation is requested after submission of the offer. Failure to provide the requested information and supporting documentation within the timeframe requested may result in rejection of the offer. Unless the solicitation states otherwise, Offerors of surplus material are authorized to open packages, inspect material, and reseal packages. Each time this is done, the Offeror’s authorized representative or inspector must sign the packages where they were resealed and annotate the date of inspection.
(c) With respect to the surplus material being offered, the Offeror represents that:
(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes __ No __ The material conforms to the technical requirements cited in the solicitation (e.g., Contractor and Government Entity (CAGE) code and part number, specification, etc.). Yes __ No __ The material conforms to the revision letter/number, if any is cited. Yes __ No __ Unknown__ If no, the revision offered does not affect form, fit, function, or interface. Yes __ No __ Unknown__ The material was manufactured by:
____________________________ ______________________________________________________
(Name) (Address)
(2) The Offeror currently possesses the material. Yes __ No __ If no, the Offeror must attach or forward to the Contracting Officer an explanation as to how the offered quantities will be secured. If yes, the Offeror purchased the material from a Government selling agency or other source. Yes __ No __ If yes, provide the information below:
Government Selling Agency Contract Number Contract Date
(Month, Year)
__________________________ ______________________________________ ______________
Other Source Address Date Acquired (Month/Year)
__________________________ ______________________________________ ______________
(3) The material has been altered or modified. Yes __ No __ If yes, the Offeror must attach or forward to the Contracting Officer a complete description of the alterations or modifications.
(4) The material has been reconditioned. Yes __ No __ If yes, (i) the price offered includes the cost of reconditioning/refurbishment. Yes __ No __; and (ii) the Offeror must attach or forward to the Contracting Officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard. The material contains cure-dated components. Yes __ No __ If yes, the price includes replacement of cure-dated components. Yes __ No __
(5) The material has data plates attached. Yes __ No __ If yes, the Offeror must state below all information contained thereon, or forward a copy or facsimile of the data plate to the Contracting Officer.
(6) The offered material is in its original package. Yes __ No __ (If yes, the Offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the Contracting Officer a copy or facsimile of original package markings.)
Contract Number NSN Cage Code
_______________________________ _______________________________ ___________________
Part Number Other Markings/Data
_______________________________ ______________________________________________________
(7) The Offeror has supplied this same material (National Stock Number) to the Government before. Yes __ No __ If yes, (i) the material being offered is from the same original Government contract number as that provided previously. Yes __ No __; and (ii) state below the Government Agency and contract number under which the material was previously provided:
Agency Contract Number
_________________________________ _____________________________________________________
(8) The material is manufacturered in accordance with a specification or drawing. Yes __ No __ If yes, (i) the specification/drawing is in the possession of the Offeror. Yes __ No __; and (ii) the Offeror has stated the applicable information below, or forwarded a copy or facsimile to the Contracting Officer. Yes __ No __
Specification/Drawing Number Revision (if any) Date
__________________________________ ____________________________ _________________
(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes __ No __ If yes, (i) Material has been re-preserved. Yes __ No __; (ii) Material has been repackaged. Yes __ No __; (iii) Percentage of material that has been inspected is ______% and/or number of items inspected is _______; and (iv) a written report was prepared. Yes __ No __ If yes, the Offeror has attached it or forwarded it to the Contracting Officer. Yes__ No__
(d) The Offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.
(e) The Offeror has attached or forwarded to the Contracting Officer one of the following, to demonstrate that the material being offered was previously owned by the Government (Offeror check which one applies):
___ For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DRMS Form 1427, Notice of Award, Statement and Release Document.
___ For DRMS Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.
___ For DRMS Recycling Control Point (RCP) term sales, the statement of account or billing document.
___ For property sold under the exchange or sale regulation, conducted by sealed bid, auction or retail methods, a solicitation/Invitation for Bid and corresponding DRMS Form 1427.
___ When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, Commercial and Government Entity (CAGE) code and part number, and original contract number. (This information has already been provided in paragraph (c)(6) of this clause. Yes __ No __.)
___ When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government. Describe and/or attach._____________________________________________________________________________________________________________________________________________________________________________
(f) This clause only applies to offers of Government surplus material. Offers of commercial surplus, manufacturer’s overruns, residual inventory resulting from terminated Government contracts, and any other material that meets the technical requirements in the solicitation but was not previously owned by the Government will be evaluated in accordance with the provision at 52.217-9002.
(g) Offers of critical safety items must comply with the additional requirements in 52.211-9005.
(h) If requested by the Contracting Officer, the Offeror shall furnish sample units, in the number specified, to the Contracting Officer or to another location specified by the Contracting Officer, within 10 days after the Contracting Officer's request. The samples will be furnished at no cost to the Government. All such samples not destroyed in evaluation will be returned at the Offeror's expense. The samples will be evaluated for form, fit, and function with subassembly, assembly, or equipment with which the items are to be used. End items furnished under any contract award to the Offeror furnishing the samples can include the returned samples, and all acceptable end items will have a configuration identical to the samples. If specific tests of the samples' performance are made by the Government, the Offeror will be furnished the results of such tests prior to a contract being entered into. In addition to any other inspection examinations and tests required by the contract, the performance of the end items will be required to be as good as that of the samples submitted insofar as specific performance tests have been made by the Government and the results thereof furnished to the Offeror.
(i) In the event of award, the Contractor will be responsible for providing material that is in full compliance with all requirements in the contract or order, whether or not the Contractor has possession of applicable drawings or specifications, and despite the fact that the Government is unable to conduct in-process inspection. The Contractor’s responsibility to perform is not diminished by compliance with the requirement to demonstrate that the offered material was previously owned by the Government. The material to be furnished must meet the requirements of the current contract or order, whether or not the material met Government requirements in existence at the time the material was initially manufactured or sold to the Government. The Government has the right to cancel any resulting purchase order or terminate any resulting contract for default if unacceptable material is tendered.
(j) If higher level quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.
(End of clause)
52.211-9001 Market Acceptance.
As prescribed in 11.103(a), insert the following provision:
MARKET ACCEPTANCE (FEB 1996) - DLAD
The Offeror shall provide with its offer the following information to establish that the offer meets the market acceptance criteria in the requirements document: [the Contracting Officer shall insert the specific documentation requirements].
(End of provision)
Alternate I (FEB 1996) - DLAD. The contracting officer may substitute the following paragraph for the basic provision to obtain documentation after offers are received:
The Government reserves the right to request information to establish that the offer meets the market acceptance criteria in the requirements document.
As prescribed in 11.604(90), insert the following clause:
PRIORITY RATING (MAR 2000) - DLAD
This contract is assigned a priority rating under the Defense Priorities and Allocations System (DPAS) regulations (15 CFR 700) which requires contractors to utilize the assigned rating in obtaining the products, materials, and supplies needed to fill their contracts. In the event the contractor is unable to obtain the necessary products, materials, and supplies to complete the contract, the contractor shall immediately advise the Defense Contract mangement Agency DCMA or the appropriate DSC DPAS officer through the cognizant Administrative Contracting Officer or Procuring Contracting officer. The DPAS officer or the DCMA plant representative will provide necessary assistance or provide the necessary instructions to complete DoC ITA Form 999, Request for Special Priorities Assistance. This form will be processed through appropriate channels to the DoC who will review and take action to make the needed supplies available to the applicant when deemed appropriate.
(End of clause)
52.211-9003 Conditions for Evaluation of Offers of Government Surplus Material.
As prescribed in 11.304-91(a), insert the following provision:
CONDITIONS FOR EVALUATION OF OFFERS OF GOVERNMENT SURPLUS MATERIAL
(DEC 2004) - DLAD
(a) Definition.
“Surplus material,” as used in this provision, has the same meaning as in the clause at 52.211-9000, Government Surplus Material.
(b) The Agency will evaluate an offer of surplus material when the Contracting Officer determines the Offeror is otherwise in line for award, after adding the cost of evaluation ($200 for internal evaluation and, if applicable, an additional $500 for each Engineering Support Activity (ESA) evaluation, plus any additional fees required for special testing and/or inspection).
(c) When an offer is for a quantity less than the solicited quantity, the contracting officer will consider the $500 cost of issuing and administering more than one award. The contracting officer will also consider the anticipated impact on the unit price of the remaining quantity, to determine the total cost to the Government.
(d) When an offer of surplus material is received in response to a solicitation for a long-term contract, the Contracting Officer shall consider whether the quantity of surplus material meets the requirements of the solicitation. If so, the Contracting Officer shall consider the offer of surplus material to be responsive to the solicitation. If not, the Contracting Officer shall reject the offer as not conforming to the solicitation and shall forward a summary of the offer to the Item Manager (Supply Planner). The Item Manager (Supply Planner) shall take appropriate action in the best interest of the Government, based on the Item Manager’s (Supply Planner’s) judgment; such as initiating a separate, fixed-quantity purchase request, if warranted by the agency’s supply position.
(End of provision)
52.211-9004 Priority rating for various long-term contracts.
As prescribed in 11.604(90), insert the following clause in prime vendor, corporate, and other long term contracts:
PRIORITY RATINMG FOR VARIOUS LONG-TERM CONTRACTS ( MARCH 2000 )- DLAD
This contract is assigned a priority rating under the Defense Priorities and Allocations Systems (DPAS) regulation (15 CFR 700) which requires contractors to utilize the assigned rating in obtaining the products, materials, and supplies needed to fill their contracts. Because this contract does not have a specificed delivery date, the basic contract is not rated; however, orders placed against it that include a delivery date are considered rated orders as of the date of receipt by the supplier. In the event the contractor is unable to obtain the necessary products, materials, and supplies to complete the contract, the contractor shall immediately advise the Defense Contract Management Agency (DCMA) representative or the appropriate Defense Supply Center DPAS officer through the cognizant Administrative Contracting Officer or procuring contracting officer. The DPAS officer or the DCMA plant representative will provide necessary assistance or the necessary instructions to complete Department of Commerce (DoC) BXA Form 999, Request for Special priorities Assitance. This form will be processed through appropriate channels to the DoC who will review and take action to make the needed supplies supplies available to the applicant when deemed appropriate.
(End of provision)
52.211-9005 Conditions for evaluation and acceptance of offers for critical safety items.
As prescribed in 11.304-90(a), insert the following clause:
CONDITIONS FOR EVALUATION AND ACCEPTANCE OF OFFERS FOR CRITICAL SAFETY ITEMS
(APR 2002) - DLAD
(a) Definitions.
"Actual manufacturer" means an individual, activity, or organization that performs the physical fabrication processes that produce the deliverable part or other items of supply for the Government. The actual manufacturer must produce the part in-house. The actual manufacturer may or may not be the design control activity.
"Approved source" means a prime contractor or the actual manufacturer(s) cited in the acquisition identification description (AID). It does not include design control activities with no manufacturing capability.
"Critical safety item" (CSI) means a part, assembly, installation, or production system with one or more critical characteristics that, if not conforming to the design data or quality requirements, would result in an unsafe condition that could cause loss of, or serious damage to, the end item or major components, loss of control, or serious injury or death to personnel.
"Design control activity" means a contractor or Government activity having responsibility for the design of a given part, and for the preparation and currency of engineering drawings and other technical data for that part. The design control activity may or may not be the actual manufacturer.
"Exact product" and "alternate product" are defined in the provision at DLAD 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.
"Prime contractor" means a contractor having responsibility for design control and/or delivery of a system/equipment such as aircraft, engines, ships, tanks, vehicles, guns and missiles, ground communications and electronics systems, and test equipment.
"Rebranding" means remarking, re-labeling, repackaging, or otherwise obscuring the marking of the approved source cited in the AID (i.e., the prime contractor or actual manufacturer).
(b) The item being acquired is a critical safety item (CSI). Given their vital importance and the catastrophic consequences that can result if they fail, procurement of these items requires the highest standards of oversight and verification.
(c) This clause applies only to offers of "exact product." Offers of "alternate product" will be evaluated in accordance with the clause at DLAD 52.217-9002. Offerors of Government surplus material must comply with the requirements in the clause at DLAD 52.211-9000 in addition to this clause, and surplus offers will be evaluated in accordance with the provision at DLAD 52.211-9003.
(d) If the Offeror is the prospective awardee and is not currently an approved source cited in the acquisition identification description (AID) on the schedule page of this solicitation, the Offeror will be requested by the Contracting Officer to provide documented evidence prior to award sufficient to establish that the item being offered is (or will be) the exact item cited in the AID and is (or will be) manufactured by an approved source cited in the AID, modified (if necessary) to conform to any additional requirements set forth in the AID, and is (or will be) manufactured by or under the direction of an approved source cited in the AID. Additionally, if the Offeror manufactures the offered item for an approved source cited in the AID, evidence of approval and acceptance by the approved source will be required. Evidence must include the following at a minimum, plus whatever additional evidence the Contracting Officer determines necessary to sufficiently establish the identity of the item and its manufacturing source:
(1) If offered item(s) are "not in stock" or "not yet manufactured" --
(i) A copy of Offeror's Request for Quotation to approved source cited in AID; and
(ii) An original, hard copy of quotation received by Offeror from approved source cited in AID; or other verifiable documentation of quotation. (If Offeror is unable to provide this documentation to the Contracting Officer prior to award, it must be provided to the Quality Assurance Representative (QAR) for examination at time of source inspection.)
(iii) For offers of surplus material, a completed 52.211-9000 with supporting documentation.
(2) If offered item(s) are "shipped" or "in stock" --
(i) A copy of invoice on approved source's letterhead. (Invoice must identify exact item cited in AID and a quantity sufficient to satisfy the solicitation requirement.); or
(ii) A copy of packing slip which accompanied shipment from approved source to Offeror. (Packing slip must identify exact item cited in AID and a quantity sufficient to satisfy the solicitation requirement; or
(iii) For offers of surplus material, a completed 52.211-9000 with supporting documentation; and
(iv) Inventory control records to establish that items Offeror proposes to furnish under current order are still in Offeror's stock. (This documentation is mandatory and must be provided to Quality Assurance Representative (QAR) for examination at time of source inspection. Documentation may be provided to Contracting Officer prior to award, at Offeror's discretion.)
(3) If Offeror is an authorized dealer/distributor, or manufactures the item for an approved source --
(i) An authorized dealer/distributorship agreement, licensee agreement, or other type of agreement. (The agreement must specifically identify the exact item, or otherwise ensure that the Offeror is authorized by the approved source to manufacture or distribute the exact item being acquired. If the agreement covers a general product line or is otherwise not product-specific, the Offeror must also furnish additional documentation to address the exact item being acquired (see above).); or
(ii) Letter from an approved source cited in the AID, specifically identifying Offeror as authorized to distribute or manufacture the exact item cited in the AID for that approved source; or
(iii) Other verifiable information (e.g., listing of authorized dealers on official Web page of an approved source) to establish the Offeror's authority to manufacturer or distribute the exact item cited in the AID for an approved source cited in the AID.
(4) When the AID specifies a revision number --
(i) Documentation establishing that the offered item was (or will be) made in accordance with the revision cited in the AID. (This requirement is considered to have been met when documentation provided by Offeror to satisfy other portions of this clause or solicitation already establishes that offered item was (or will be) made to the revision cited in the AID); or
(ii) Documentation identifying the revision offered and the differences between the revision offered and the revision cited in the AID.
(e) By the submission of this offer, the Offeror represents that --
(1) The item(s) to be provided to the Government --
(i) Is (or will be) in full compliance with all requirements specified in the solicitation; and
(ii) Is not (or will not be) --
(A) A factory second;
(B) Changed, mutilated, or rebranded;
(C) A manufacturer's overrun;
(D) A rejected item; or
(E) Government surplus material (unless Offeror has complied with clause at DLAD 52.211-9000, Government Surplus Material).
(2) In the event of item failure, Offeror will have access to, and will provide to the Government upon request, all information necessary to trace the item back through the manufacturing process.
(3) Any documentation provided by Offeror will correspond to the exact item(s) that will be furnished to the Government; or Offeror will obtain updated documentation and provide it to the Government (if, for example, Offeror sells item(s) to another Buyer before award or before tender for acceptance).
(f) Failure to provide adequate documentation within the timeframe requested by the Contracting Officer may result in rejection of the offer.
(End of clause)
52.211-9006 Changes in contractor status, item acquired, and/or manufacturing process/facility – critical safety items.
As prescribed in 11.304-90(b), insert the following clause:
CHANGES IN CONTRACTOR STATUS, ITEM ACQUIRED, AND/OR MANUFACTURING PROCESS/FACILITY --
CRITICAL SAFETY ITEMS ([July] 2002) - DLAD
(a) If any changes occur in the Contractor’s business status or relationship with the approved source(s) after award of this contract (such as, for example, inability to obtain manufacturing process information; or changes in status as authorized dealer/distributor, or in terms of licensing arrangement), the Contractor shall immediately provide notification and documentation of the changes to the Administrative Contracting Officer (ACO).
(b) The Contractor shall immediately provide to the Administrative Contracting Officer (ACO) notification (and documentation, if available) of any of the following changes the Contractor becomes aware of:
(1) Later revisions to drawings, specifications or standards that differ from the revision cited in the acquisition identification description (AID) in the contract;
(2) Changes in the manufacturing process;
(3) A change in the approved source’s manufacturing location; or
(4) A transfer of manufacturing facilities by the approved source since last manufacture.
(End of clause)
52.211-9007 Withholding of Materiel Review Board (MRB) authority.
As prescribed in 11.304-90(c), insert the following clause:
WITHHOLDING OF MATERIEL REVIEW BOARD (MRB) AUTHORITY -- CRITICAL SAFETY ITEMS
([July] 2002) -- DLAD
The item being acquired is a critical safety item. Notwithstanding any other term or condition included in this contract/agreement, Materiel Review Board (MRB) authority is hereby withheld. (This clause does not apply to sources that have explicit authority to retain MRB authority, which are identified on the DSCR Technical Oversight Office (TOO) Web site at http://www.dscr.dla.mil/userweb/vg/CriticalPartReview.htm.)
(End of clause)
52.211-9009 Non-Acceptability of Government Surplus Material.
As prescribed in 11.304-91(b), insert the following provision:
NON-ACCEPTABILITY OF GOVERNMENT SURPLUS MATERIAL
(APR 2002) - DLAD
(a) Definition.
“Surplus material,” as used in this clause, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the Defense Reutilization and Marketing Service (DRMS), by contractors authorized by DRMS, or through another Federal Government surplus program. The terms “surplus” and “Government surplus” are used interchangeably in this clause.
(b) The Government has determined that offers of surplus material will not be considered for this acquisition.
(End of provision)
52.211-9010 Shipping label requirements – MIL-STD-129P.
As prescribed in 11.290(b), insert the following clause:
SHIPPING LABEL REQUIREMENTS – MIL-STD-129P
( May 2006) – DLAD
(a) MIL-STD-129, Revision P, dated December 15, 2002, establishes requirements for Contractors that ship packaged materiel to the Government to provide both linear bar codes and two-dimensional (2D) symbols on shipping labels (but see paragraph (d) for exceptions to the requirement for 2D symbols). Shipping labels with 2D symbols are referred to as Military Shipping Labels (MSL). See the DLA Packaging Web site identified in paragraph (e) for Change Notices to MIL-STD-129P that apply. Linear (Code 3 of 9 or Code 39) bar codes continue to be required on interior packages (unit packs and intermediate packages) for the National Stock Number (NSN) and, when applicable, the serial number(s); and on exterior shipping containers and palletized unit loads for the NSN, Contractor and Government Entity (CAGE) Code, contract number and, when applicable, the serial number(s). This data is also required to be linear bar-coded on the DD Form 250.
(b) The shipping label described in this clause replaces former DD Form 1387 and is illustrated in Figures 2a and 2b of MIL-STD-129P.
(1) The shipping label requires Code 3 of 9 or Code 39 linear bar codes for the Transportation Control Number (TCN), piece number and DOD Activity Address Code (DoDAAC) for the ultimate consignee or mark-for address.
(2) The 2D symbol on the shipping label must contain the document (requisition) number, NSN, originating activity’s Routing Identifier Code (RIC), Unit of Issue, Quantity, Condition Code, and Unit Price, which are ordinarily included on the DD Form 250. A complete list of data elements is defined in Table IV of MIL-STD-129P. The TCN should be part of the mark-for information on the contract. This mark-for should be directly below the ship-to address in the contract. All TCNs must be unique, and each part of a shipment (partial shipment of one or more pieces) loaded on a different conveyance requires a unique TCN. Samples of TCN construction may be found at the DLA Web site identified in paragraph (e) of this clause. (A general construction of a TCN is provided below.) Except for the TCN, which must always be present on the shipping label, when the contract omits any other data elements as defined in Table IV of MIL-STD-129P and if the information is not available from the Administrative Contracting Officer, then the field is not required as part of the shipping label and may be left blank.
TCN Positions 1-14 Requisition/Document Number
TCN Position 15 Enter the suffix code; if none, enter “X”
TCN Position 16 Enter “X” if not a partial shipment; if a partial shipment, enter
“A” for first shipment, “B” for second shipment, etc. (see
paragraph L., Appendix L, Part II of the Defense Transportation
Regulation (DTR), DOD 4500.9-R)
TCN Position 17 Enter “X”
(c) The following must comply with the requirements in Table IV of Mil-Std-129P and include all applicable data elements identified therein:
(1) All diverted or redirected OCONUS DVD and Prime Vendor shipments which pass through the Defense Transportation System (DTS) via Defense Distribution Depot Consolidation Points (see below), Aerial Ports of Embarkation, Pre-positioned Ship Operations sites, or the Norfolk, Virginia Container Freight Station.
Container Consolidation Point DODAAC
Defense Depot San Joaquin California (DDJC)(CCP WHSE 30) W62N2A and SW3225
Defense Depot Susquehanna Pennsylvania (DDSP)(CCP Door 135-168) W25N14 and SW3123
(2) Shipments for depot storage with destinations to the following OCONUS (overseas) locations:
Depot Storage Site DODAAC
Defense Depot Pearl Harbor Hawaii (DDPH) SW3144
Defense Depot Yokosuka Japan (DDYJ) SW3142
Defense Depot Germersheim Germany (DDDE) SWE300
Defense Depot Sasebo Japan (DDYJ) SW3143
Defense Depot Bahrain (DDZZ) SW3107
Defense Depot Sigonella Italy (DDSI) SW3170
Defense Depot Guam (DDPH) SW3147
Defense Depot Korea (DDDK) SW3105
Defense Depot Kuwait (DDKS) SW3109
(3) Direct Vendor Delivery (DVD) shipments. The following additional guidance applies when bar coding DVD shipments:
(i) In addition to other marking requirements in the contract, the following separate lines of bar coded data, with Human Readable Interpretation (HRI) printed clearly below the element, shall be provided. NO SPACES SHALL SEPARATE THE INDIVIDUAL DATA ELEMENTS WITHIN EACH LINE.
(A) Document Number and suffix. The Document Number consists of a 14-character (15 characters when a suffix is included) alpha-numeric code. It may be listed on a contract/award as the Requisition Number, Transportation Control Number (TCN), etc. If there is no TCN, use the Requisition Number followed by “XXX.”
(B) National Stock Number (NSN). The NSN will appear as a 13-digit code without the dashes. If there is no NSN, use the CAGE and Part Number.
(C) ICP Routing Identifier Code (RIC). The RIC for each procuring activity is as follows:
S9C - Defense Supply Center Columbus - Construction
S9E - Defense Supply Center Columbus – Electronics
S9F – Defense Energy Support Center (M) - Missiles
S9G - Defense Supply Center Richmond
S9I - Defense Supply Center Philadelphia – General and Industrial
S9T - Defense Supply Center Philadelphia - Clothing and Textiles
S9M - Defense Supply Center Philadelphia – Medical Materiel
S9P - Defense Supply Center Philadelphia – Perishable Subsistence
S9S - Defense Supply Center Philadelphia – Semi-perishable Subsistence
(D) Unit of Issue. The appropriate unit of issue (U/I) will appear as a two-digit alpha character.
(E) Quantity. The quantity will appear as a five-position number, including zero fillers on the left.
(F) The above will be followed by an “A” and eight zeros (i.e., “A00000000”).
(ii) These bar code markings shall be placed on labels affixed to either to DD Form 250 or the commercial packing list. If used on the DD Form 250, it should be in blocks 15, 16, 17, etc. In either case, these documents shall be furnished in Packing List Envelopes affixed to the outside of the shipping container.
(iii) The bar code symbology shall be Code 3 of 9 (Code 39) in accordance with ISO/IEC-16388.
(d) Listed below are exceptions to requirements in Table IV of MIL-STD-129P. These shipments/orders require only a DD Form 250 or commercial invoice and a shipping label, with the document number (except for shipments described in subparagraph (d)(5)); NSN; RIC; Unit of Issue; Quantity; Condition Code; and Unit Price. This data must be code 3 of 9 (Code 39) bar code symbology in accordance with ISO/IEC-16388. (Although not mandatory, a military shipping label in accordance with MIL-STD-129P is acceptable for depot shipments.)
(1) Subsistence items procured through full-line food distributors (prime vendors), “market ready” type items such as fresh milk, ice cream, and other fresh dairy products, fresh bread and other fresh bakery products, and all fresh fruits and vegetables, shipped within the Continental United States (CONUS) to customers within CONUS;
(2) Any item for which ownership remains with the vendor until the item is placed in designated locations at the customer location prior to issuance to the customer. Government control begins upon placement of the item by the vendor into the designated location or issuance from the designated location by vendor personnel (i.e., the vendor is required to stock bins at the customer location and/or issue parts from a vendor controlled parts room).
(3) Bulk purchases of petroleum, oil and lubricant products delivered by (A) pipeline; or (B) tank car, tanker and tank trailer for which the container has (1) a capacity greater than 450 L (119 gallons) as a receptacle for a liquid; (2) a maximum net mass greater than 400 kg (882 pounds) and a capacity greater than 450 L (119 gallons) as a receptacle for a solid; or (3) a water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas.
(4) Medical items procured through DVD suppliers or prime vendors that ship directly to the end customer, such as Medical Treatment Facilities, hospitals, clinics, etc., and do not pass through the Defense Transportation System.
(5) CONUS-originated shipments for depot storage with destinations to the following:
Depot Storage Site DoDAAC
Defense Depot Susquehanna Pennsylvania (DDSP) W25G1U and SW3124
Defense Depot San Joaquin California (DDJC) W62G2T and SW3224
Defense Depot Norfolk Virginia (DDNV) SW3117
Defense Depot San Diego California (DDDC) SW3218
Defense Depot Jacksonville Florida (DDJF) SW3122
Defense Depot Puget Washington (DDPW) SW3216
Defense Depot Cherry Pt. N. Carolina (DDCN) SW3113
Defense Depot Columbus Ohio (DDCO) SW0700
Defense Depot Richmond Virginia (DDRV) SW0400
Defense Depot Red River Texas (DDRT) W45G19 and SW3227
Defense Depot Corpus Christi Texas (DDCT) W45H08 and SW3222
Defense Depot Tobyhanna Pennsylvania (DDTP) W25G1W and SW3114
Defense Depot Anniston Alabama (DDAA) W31G1Z and SW3120
Defense Depot Hill Utah (DDHU) SW3210
Defense Depot Oklahoma Oklahoma (DDOO) SW3211
Defense Depot Warner Robins Georgia (DDWG) SW3119
Defense Depot Barstow California (DDBC) SW3215
Defense Depot Albany Georgia (DDAG) SW3121
(6) Delivery orders when the basic contract has not been modified to require MIL-STD-129P.
(e) MIL-STD-129P provides numerous illustrations of what should be bar-coded and the recommended placement of the bar code. Further information is available on the DLA Packaging Web Site at http://www.dscc.dla.mil/offices/packaging/specstdslist.html#STDs. In addition, DLA’s Distribution and Planning and Management System (DPMS) is a web-based system capable of providing shipping instructions and military shipping labels. Users must first register at https://www.ddc.dla.mil/DPMSuser. Click “OK” then “Create Account” to get access to use the DPMS production site. DPMS training is available at https://www.ddc.dla.mil/dpms. Click “Vendor Application,” then “User’s Guide.”
(f) A copy of ISO/IEC-16388 is available from:
The American National Standards Institute
25 West 43rd Street
New York, NY 10036
or through www.ansi.org or www.iso.ch.
(End of clause)
Alternate I ( AUGUST 2005 – DLAD. As prescribed in 11.290(b), insert the following:
Subparagraph (c)(3)(i)(C) of the basic clause is replaced with the following:
(C) ICP Routing Identifier Code (RIC). The RIC for all procuring activities is “SMS.”
52.211-9011 Business Systems Modernization (BSM) delivery terms and evaluation.
As prescribed in 11.404-90, insert the following provision:
BUSINESS SYSTEMS MODERNIZATION (BSM) DELIVERY TERMS AND EVALUATION
(May 2006) – DLAD
(a) This acquisition is being conducted under Business Systems Modernization (BSM). Quotes/offers in response to this solicitation will be evaluated as specified in the solicitation.
(b) Delivery shall be quoted/offered in terms of a number of days after date of order (ADO). The number of delivery days requested in this solicitation is calculated based on the Government’s planned need and customer requirements. Unless delivery is identified elsewhere in the solicitation as an evaluation factor, Quoters/Offerors are encouraged to conform their delivery terms as closely as possible to the delivery days requested. If delivery is not identified as an evaluation factor, there will be no evaluation preference, or penalty, for quotes/offers of fewer delivery days than the number of delivery days requested by the Government. Quoting/offering a greater number of delivery days than requested may result in the quote/offer not being considered
(End of provision)
52.211-9012 Obsolete Components/Materials
As prescribed in DLAD 11.401-91, insert the following clause:
Obsolete Components/Materials (Jul 2005) – DLAD
The Contractor shall notify the Contracting Officer immediately upon determining the unavailability of obsolete materials or components. The Contractor may recommend a solution including details regarding the impact on the contract price and delivery. If the Contracting Officer accepts the recommended solution, a modification shall be executed between the Government and the Contractor equitably adjusting the contract price and revising the delivery. Under no circumstances shall the Contractor initiate any redesign effort or incur any additional costs without the express, written authorization of the Contracting Officer. In the event the Contracting Officer does not accept the recommended solution or authorize a redesign effort by the Contractor, the contract or the affected CLIN, as applicable, may be terminated for convenience in accordance with FAR Part 49 procedures or FAR 52.212-4, Contract Terms and Conditions - Commercial Items, for commercial awards.
(End of clause)
52.211-9013 Shipper’s Declaration of Dangerous Goods.
As prescribed in 11.204-90, insert the following clause:
SHIPPER’S DECLARATION OF DANGEROUS GOODS (AUG 2005)- DLAD
Contractors shall complete and attach a prescribed Shipper's Declaration for Dangerous Goods Form and an Air Waybill for each TP1 or TP2 shipment containing dangerous or hazardous goods or materials. Dangerous goods and/or hazardous materials are those items defined or classified as such in Title 49, Code of Federal Regulations, and the International Air Transport Association (IATA) Dangerous Goods Regulations. Generally, dangerous goods are those items containing any dangerous material or substance which is flammable, corrosive, combustible, explosive, poisonous, toxic, radioactive, unduly magnetic, contains oxidizing agents or is otherwise hazardous.
Contractors shall not offer dangerous or hazardous goods or materials for transportation by military air until properly packaged, marked, and labeled in accordance with MIL-STD-129P and military publication, Preparing Hazardous Materials for Military Air Shipments, AFMAN 24-204/TM 38-250/NAVSUP PUB 505/MCO P4030.19H, DLAI 4145.3. This publication also contains instructions on how to properly complete the Shipper's Declaration for Dangerous Goods. Blank forms may be purchased through commercial means and can be viewed on the Internet at http://www.iata.org/ps/publications/9065.htm.
(End of clause)
52.211-9014 Contractor Retention of Traceability Documentation.
As prescribed in 11.302-92, insert the following clause:
CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION
([FEB] 2006) – DLAD
(a) This clause applies when award is made to a dealer/distributor (non-manufacturer) for “exact product,” as defined in DLAD 52.217-9002, and when traceability documentation was not obtained prior to award.
(b) The Contractor must retain evidence of the technical acceptability of supplies furnished under this contract. Evidence will generally include information tracing the supplies back to the original equipment manufacturer or its authorized distributor. At a minimum, evidence must be sufficient to establish the identity of the product and its manufacturing source. This documentation must be retained for 3 years after final payment under this contract and provided for review (1) at time of Government source inspection, if applicable; (2) during random or directed post-award audits; or (3) to the Contracting Officer upon request.
(c) The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled.
(End of clause)
52.211-9018 Availability of Mylar Drawings.
As prescribed in 11.201(b), insert the following clause:
AVAILABILITY OF MYLAR DRAWINGS (Jul 2006) - DLAD
(a) A Mylar drawing is available from the Government. The Mylar drawing may be provided via stable based film or electronically (refer to applicable technical repository instructions to determine available format). If unable to use the electronic format, the contractor will be responsible for any costs incurred for conversion to a hard copy.
(b) The Mylar drawings will be sent by the Government within 30 days after the effective date of the award/contract to the address on the award document, unless the contractor indicates a different address below:
(c) If Mylars are not received, or for other questions, please:
(1) E-mail the Contract Administrator listed in the Issuing Office block with a copy to the following, as appropriate:
(i) DSC Columbus: DSCC-VTRD, ATTN: Cathy M. Green, (614) 692-2343, cathy.green@dla.mil.
(ii) DSC Philadelphia: DSCP-ITC, ATTN: James Miller, (215) 737-7489, james.g.miller@dla.mil.
(iii) DSC Richmond: DSCR-VAAA, ATTN: Juanita Thomas, (804) 279-6695, Mylar Room, Juanita.Thomas@dla.mil. [Note: It is imperative for offerors to access https://ric1s-c025.dscr.dla.mil/TDMD, prior to the solicitation closing date, and download or order the Technical Data Package (TDP) to determine available Mylar format. If an electronic format representation of the Mylar is not available for download at the above website, a stable based film or CD, as applicable, will be provided to the awardee at time of award.]
(2) Notification of non-receipt should include the following information
(i) Contract/Purchase Order Number
(ii) National Stock Number (NSN)
(iii) Document (Mylar) Number (include revision level)
(iv) Sheet/Frame Number (required only in cases where partial Mylar data has been received)
(End of clause)
52.211-9021 Variation in Quantity
As prescribed in 11.703(a) insert the following clause:
VARIATION IN QUANTITY (Jan 2008) - DLAD
This increase or decrease shall apply separately by item to the total number of feet and/or to the total spools to be delivered or shipped to each destination provided that the limitation stated in 52.211-16 is not exceeded for either.
Nothing herein shall be construed to vary, alter or modify any specification requirement for the supplies described herein. Accordingly, this provision does not authorize shipment of supplies in other than the specified unit pack or of supplies which do not conform to tolerances and the variation limitation imposed by specification requirements.
However, to the extent consistent with specification requirements, the variation, if any, stated in 52.211-16 shall also apply separately to the length of each spool.
(End of Clause)
52.211-9022 Superseded Part-Numbered Items
As prescribed in 11.304-92 insert the following clause:
SUPERSEDED PART-NUMBERED ITEMS (AUG 2007) - DLAD
(a) Part number (P/N) changes. Part number changes are acceptable only when the offeror completes the following verification:
The offeror represents that the P/N requested in the solicitation has been changed from CAGE _____________, P/N ____________________ to P/N ________________ and that this is a part number change only. The reason for the change is ______________________________________________________________________ ____________________________________________________________________________________________________________________
The offeror represents that there has been no change to the parts form, fit, function, configuration, application, or physical nature and is therefore an exact item of replacement. Any award issued to the offeror for the new, superseding P/N shall be based on this verification. The Government may cancel any award for P/Ns determined to be unacceptable, and return any unacceptable parts for full refund including reimbursement for shipping charges. The Government also reserves the right to dispose of the unacceptable part, at contractor expense.
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.
(b) If an item is superseded during the term of this award, the Contractor shall advise the Contracting Officer within fifteen (15) business days of such determination, or within five (5) business days if the superseded item is covered by a delivery order issued prior to the determination. The notice shall include complete information concerning the replacement item as it relates to the form, fit, and function, configuration, application, or physical nature of the superseded item. The Contracting Officer will determine whether the replacement item is acceptable to the Government, advise the Contractor within fifteen (15) business days, and modify the contract accordingly.
(End of clause)
52.211-9023 Substitution of Item After Award
As prescribed in 11.304-92 insert the following clause
SUBSTITUTION OF ITEM AFTER AWARD (AUG 2007) – DLAD
When the Purchase Order Text (POT) identifies supplies by manufacturer's name, CAGE code, and part number, the specified item(s) are the only item(s) acceptable under this contract. The contractor may not substitute a different item after award.
(End of clause)
52.211-9024 Shelf-Life Items Manufacturing Restrictions for FSG 91 DLAD (Aug 2007)
As prescribed in 11.304-93 insert the following clause:
SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS FOR FSG 91 (Aug 2007) – DLAD
(a) Products delivered under this contract shall be manufactured/cured/assembled to ensure that a minimum of 85% (allowing for rounding to whole months) shelf-life is remaining at time of receipt by the Government.
(b) Marking or labeling shall reflect these data.
(c) Supplies received by the Government with less than 85% shelf-life remaining will be considered to be nonconforming within the meaning of the Inspection Clause.
(End of Clause)
ALTERNATE I (Aug 2007) - DLAD
As prescribed in 11.304-93 insert the following clause instead of 52.211-9024:
SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS FOR FSG 91 ALTERNATE I (Aug 2007) – DLAD
(a) Products delivered under this contract shall be manufactured/cured/assembled to ensure that a minimum of 75% (allowing for rounding to whole months) shelf-life is remaining at time of receipt by the Government.
(b) Marking or labeling shall reflect these data.
(c) Supplies received by the Government with less than 75% shelf-life remaining will be considered to be nonconforming within the meaning of the Inspection Clause.
(End of Clause)
52.211-9025 Compliance with National Sanitation Foundation (NSF) Requirements
As prescribed in 11.304-93 insert the following clause:
COMPLIANCE WITH NATIONAL SANITATION FOUNDATION (NSF) REQUIREMENTS (SEP 2007) – DLAD
(a) Successful offeror(s) shall be required to provide evidence that the item to be furnished meets the required NSF standards cited in the item description and/or specification. Provide the following information regarding items offered:
MANUFACTURER'S NAME_________________________________________
MAKE__________________________________________________
MODEL NUMBER__________________________________________
(b) Acceptable evidence shall be either certification from the NSF or an independent testing laboratory. If item is pending NSF approval, evidence of NSF approval shall be furnished by the contractor to the Contracting Officer prior to or at the time of submission of the First Article Test Report (FATR). If FATR is waived, NSF approval must be received within 90 days after contract award. (See paragraph (d)(5) below).
(c) OFFEROR CHECK ONE:
[ ] Product has NSF approval. A copy of approval is attached.
[ ] Product currently is being tested or will be tested by NSF for compliance with the applicable NSF standards.
[ ] Results of tests for compliance with applicable NSF standards by independent testing laboratory have been approved by the Government. A copy of the Contracting Officer's approval is attached.
[ ] Product currently is being tested or will be tested for compliance with applicable NSF standards by an independent testing laboratory in accordance with this clause.
[ ] NSF testing has been waived due to the following: ________________________________
(d) When the contractor elects to use an independent testing laboratory to demonstrate compliance with the applicable NSF standards the following shall apply:
(1) Satisfactory evidence of compliance shall be a test report, acceptable to the Contracting Officer, with the advice of the Army Surgeon General, from an independent testing laboratory, indicating that the item has been tested and conforms to the applicable NSF standards. The test report shall address all requirements of the NSF standards and contain all quantitative data generated as a result of the examinations and tests. These quantitative data shall show the exact measurement value regardless of whether a failure occurred, and where averages are reported, shall show the individual values as well as the averages.
(2) The Contracting Officer shall be notified of the time and location of all tests at least 10 days prior to commencement so that the Government may witness the tests if it so elects; provided however that if such testing begins before award, the contractor shall give written notice of such to the Contracting Officer not later than three days after award.
(3) The test report shall be delivered to the Contracting Officer, DSCP(C&E), 700 Robbins Avenue, Philadelphia, PA 19111-5096 within 90 days after contract award if FATR is waived or prior to or at the time of required delivery of FATR. The contractor will be notified in writing of the approval or disapproval of the test report within 75 days after receipt of the report. A notice of approval shall not relieve the contractor from complying with applicable specification(s), NSF standards, and all other terms and conditions in any resulting contract.
(4) If the test report is disapproved, the contractor may be required, at the option of the Government, to repeat any or all of the tests, and deliver another report to the Government under the terms and conditions and within the time specified by the Government. After each requirement for additional tests, the contractor shall, at no additional cost to the Government, make any required changes or modifications. All costs related to all tests to demonstrate compliance with NSF standards shall be borne by the contractor, including any and all costs for additional testing which may be required following approval of any test report.
(5) If the contractor fails to deliver any test report on time, or the Contracting Officer disapproves any test, the contractor shall be deemed to have failed to make delivery within the meaning of the Default Clause in any resulting contract.
(6) If the Government does not act within the time specified in paragraph (3) above, the Contracting Officer shall, upon timely written request from the contractor, equitably adjust the delivery of performance dates and/or the contract price.
(7) Prior to approval of test report, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the contractor. Prior to approval of test report, the costs thereof shall not be allocable to this contract for (i) progress payments, or (ii) termination settlement if the contract is terminated for the convenience of the Government.
(End of Provision)
52.211-9026 Delays in Shipment of Products Requiring USDA Laboratory Analysis
As prescribed in 11.404-91 insert the following clause:
DELAYS IN SHIPMENT OF PRODUCTS REQUIRING USDA LABORATORY ANALYSIS (SEP 2007) – DLAD
The specifications of this contract require a USDA Laboratory Analysis of samples of the product to be delivered. Offerors should consider this requirement when submitting offers so that appropriate consideration is given to planning production schedules. If there are delays in performing the USDA analysis of the samples, or if there are delays in receiving the USDA analysis due to the postal service, the contractor shall so notify the contracting officer. An extension in shipping time may be authorized when the conditions of (a) below, and if applicable, (b) below are satisfied.
(a) When all production lots intended in offered units were produced at least 12 calendar days in advance of the required delivery date (RDD) specified in the contract, and the laboratory results for the samples taken from these production lots are not made available to the contractor by the estimated shipping date (defined as date scheduled to ship in order to meet the RDD), the RDD will be extended by that number of days that receipt of the results by the contractor exceeds the estimated shipping date. (The adjusted RDD will be computed beginning with the day following receipt of the analysis from the USDA Laboratory.)
EXAMPLE:
RDD |
Shipping Date |
Receipt of Analysis |
Adjusted RDD |
30 Nov |
27 Nov |
28 Nov |
1 Dec |
(b) If provisions in (a) above are met and the contractor elects to use a reserve sample for any production lot, an added extension to the RDD will be made on the formula provided above when the following conditions are met:
(1) The contractor notifies the USDA Inspector to mail the reserve sample within one day after the contractor is notified of results on the original sample (if notification is received on Saturday, the reserve sample is to be mailed no later than the next business day), and
(2) The reserve sample is in compliance with specifications.
(End of Clause)
As prescribed in 12.302(b)(3)(91)), insert the following clause:
CHANGES – MILITARY READINESS (Mar 2001) - DLAD
The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a Contingency Operation or a Humanitarian or Peace Keeping Operation, as defined below, the contracting officer may, by written order, change 1) the method of shipment or packing, and 2) the place of delivery. If any such change causes an increase in the cost of, or the time required for performance, the contracting officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The contractor must assert its right to an adjustment within 30 days from the date of receipt of the modification.
“Contingency operation” means a military operation that-
(i) Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
(ii) Results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12305, or 12406, chapter 15 of U.S.C., or any other provision of law during a war or during an national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)).
“Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259(d)(2)(B)).
(End of Clause)
52.212-9001 Application of fast payment to Part 12 acquisitions.
As prescribed in 12.301(b)(3)(90), insert the following clause:
APPLICATION OF FAST PAYMENT TO PART 12 ACQUISITIONS (AUG 2005) – DLAD
This acquisition is being conducted using FAR Part 12, Acquisition of Commercial Items. FAR 52.213-1, Fast Payment, applies. The terms and conditions in 52.213-1 take precedence over paragraphs (a), (j), (n), (o) and (p) of the clause at FAR 52.212-4.
(End of clause)
As prescribed in 13.101(a)(1)(90), insert a provision substantially as follows:
QUANTITY BREAK (JULY 1999) - DLAD
If a larger quantity is obtainable at no additional total price due to a minimum order quantity/value or any other reason, the offeror agrees to record below the maximum quantity of the product cited in this RFQ which can be furnished for such total price, along with the lower unit price for such increased quantity. If yet lower unit prices are available for greater quantities, offerors are requested to enter the lower unit prices and quantity ranges to which such prices will apply. The Government may elect to accept such alternate quantity quotations not exceeding $100,000 without further solicitation or discussion:
Quantity Range Unit Price
_________________________ __________
_________________________ __________
_________________________ __________
(End of provision)
52.213-9001 Evaluation factor for source inspection.
As prescribed in 13.106-90(a), 14.201-8(a)(90), and 15.304(c)(94), insert the following provision:
EVALUATION FACTOR FOR SOURCE INSPECTION (MAR 2004) - DLAD
This solicitation contemplates an award based on destination inspection. However, source inspection will be required for those quoters/offerors to whom formal notification thereof has been issued prior to the closing/opening date for receipt of offers under this solicitation. An evaluation factor of $250 will be added to the quoted/offered price for each source inspection required, for purposes of determining the most advantageous offer received, price and other factors considered. Quotes/offers contingent on source inspection/acceptance and/or f.o.b. origin may be considered technically unacceptable; if the quote/offer is evaluated, the $250 evaluation factor will be applied for each source inspection required. Nothing in this provision affects the right of the Government to perform or waive source inspection on any resultant order/contract.
(End of provision)
52.213-9002 Indefinite Delivery Purchase Order (IDPO) Agreement.
As prescribed in 13.390-5(a)(2), insert a provision in solicitations substantially as follows:
INDEFINITE DELIVERY PURCHASE ORDER (IDPO) AGREEMENT (MAR 1999) - DLAD
(a) The prospective contractor _____ agrees _____ does not agree that, if an order is placed for the solicited quantity, the Government may place additional orders for the item(s) covered by this Request for Quotations, at the same price quoted for the solicited quantity, for any order issued, within a quantity range of _____ to _____ units, within (insert time period) from the date of that purchase order, under the same terms and conditions as that purchase order. Such orders will be issued no more frequently than _____ times per quarter. The aggregate total dollar value of orders issued shall not exceed the simplified acquisition threshold or $5,000,000 for acquisitions conducted under FAR Subpart 13.5. In no event shall the Government be obligated to place subsequent orders under this agreement. The initial purchase order will contain the terms and conditions of this agreement, including this provision, and subsequent orders will cite the initial purchase order number. The contractor agrees to advise the contracting officer in writing at any point in time it determines that it cannot accept subsequent orders under this agreement.
(b) Numbering. The uniform procurement instrument identification numbering (PIIN) system will be used. The initial purchase order and subsequent orders will be distinguished by a "D" in the ninth position and a "5" in the tenth position of the PIIN. The initial purchase order will be numbered with sub-PIIN 0001. Subsequent orders will be serially numbered with sub-PIIN numbers 0002 through 9999.
(Note: Failure to agree to this provision will not affect an award decision for the solicited quantity.)
(End of provision)
52.213-9003 Indefinite Delivery Purchase Order (IDPO) Contract.
As prescribed in 13.390-5(b)(2)(i), insert a clause in solicitations substantially as follows:
INDEFINITE DELIVERY PURCHASE ORDER (IDPO) CONTRACT (MAR 1999) - DLAD
(a) The contractor _____ agrees _____ does not agree that performance under this purchase order, by furnishing the supplies specified in this purchase order (the minimum quantity), commits the contractor to provide the same supplies, in the quantity range and under the conditions specified herein. The Government may place such additional orders for the supplies specified in this purchase order at the purchase order price within a quantity range of _____ to _____ units, within (insert time period) from the date of the purchase order, under the same terms and conditions as the purchase order. Such orders will be issued no more frequently than_______times per quarter. The aggregate total dollar value of orders issued shall not exceed the simplified acquisition threshold or $5,000,000 for acquisitions conducted under FAR subpart 13.5. In no event shall the Government be obligated to place subsequent orders under this contract. The purchase order contains the terms and conditions of this contract and subsequent orders will cite the purchase order number.
(b) Numbering. The uniform procurement instrument identification numbering (PIIN) system will be used. The purchase order and subsequent orders will be distinguished by a "D" in the ninth position, and a "5" in the tenth position of the PIIN. The initial purchase order will be numbered with sub-PIIN number 0001. Subsequent orders will be serially numbered with sub-PIIN numbers 0002 through 9999.
(Note: Failure to agree to this clause _____ will _____ will not affect an award decision for the solicited quantity.)
(End of clause)
52.213-9004 Offeror representations, certifications, and fill-in information--electronic commerce.
As prescribed in 13.101(b)(2)(90), insert the following provision in all solicitations below the simplified acquisition threshold issued using electronic means, except for those accomplished through the PD2 and Event Manager components of Business Systems Modernization.
OFFEROR REPRESENTATIONS, CERTIFICATIONS, AND FILL-IN INFORMATION-- ELECTRONIC COMMERCE
(Jul 2004) -- DLAD
(a) Offerors are required to provide the following socioeconomic and other data in a coded, rather than a fill-in, format. This provision consolidates, to the maximum extent practicable, most of the applicable representations and certifications (other than those provided on an annual basis) and fill-in portions of clauses and provisions from the Federal Acquisition Regulation (FAR), the Defense FAR Supplement (DFARS), and the DLA Acquisition Directive (DLAD).
(b) This provision constitutes a recordation of the representations, certifications, and other data requirements contained in the individual provisions incorporated herein by reference via the citation(s) at each numbered paragraph. It is not intended to supersede those provisions, except that the requirement for marking certain boxes or otherwise entering information individually into these cited provisions is hereby replaced by the requirement to complete this provision 52.213-9004. The offeror is reminded that all provisions incorporated herein by reference remain binding in their entirety. Any penalties for misrepresentation contained in the referenced provisions (e.g., penalties for misrepresentation of business status under FAR 52.219-1, paragraph (d)(2)) still apply. Furthermore, additional information required by the individual provisions to be provided "at the time of" or "with" the offer must be transmitted elsewhere in your response or sent/faxed under separate cover (as appropriate) concurrently with your transmitting this transaction to the Government.
(c) The offeror may electronically access the full text of each referenced provision at, or through links provided at: http://www.dla.mil/j-3/j-336/icps.htm . The offeror may also request that the contracting officer provide the hard-copy full text of any DLAD or local provision(s) referenced below.
(d) The following provision segments, identified, where necessary, to a specific line item number(s), shall be completed by the offeror.
01. FAR 52.204-3, Taxpayer Identification [also, FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (paragraph (b)), when used for commercial items].
01A Enter one of the following: TIN (without dashes); or the appropriate code from the list below; or state other basis why TIN is not required._______________________________________.
BA = TIN has been applied for.
TIN is not required because:
FO = Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S., and does not have an office or place of business or a fiscal paying agent in the U.S.
FG = Offeror is an agency or instrumentality of a foreign government.
GT = Offeror is an agency or instrumentality of the Federal government.
01B Select one code from the following list that identifies the offeror's type of organization. If other than those listed, provide identification: ____________________.
PM = Corporate entity (not tax-exempt).
OE = Corporate entity (tax-exempt).
SP = Sole proprietorship.
PA = Partnership.
GE = Government entity (Federal, State, or local).
FG = Foreign government.
WE = International organization per 26 CFR 1.6049-4.
01C If offeror is owned or controlled by a common parent, enter Common Parent Name. (Enter "NA" if not applicable.) .
01D If offeror is owned or controlled by a common parent, enter Common Parent TIN (without dashes). (Enter "NA" if not applicable.) .
02. FAR 52.209-1, Qualification Requirements. (Applies only to an acquisition subject to a qualification requirement. When qualification applies, 02A and at least one of the items from 02B through 02F must contain an entry other than "NA.")
02A Enter the individual line item number for which qualification information is applicable. Enter "ALL" if, and only if, the responses to 02B through 02F are the same for all line items in your offer. Enter "NA" if the solicitation does not contain a qualification requirement. (NOTE: If information is being provided for individual line item numbers, segments 02A through 02F should be repeated as many times as necessary)_____________________.
02B Enter Manufacturer's Name or CAGE code. (Enter "NA" if clause not applicable.)
____________________________________________________________.
02C Enter Source Name or CAGE code. (Enter "NA" if clause not applicable.) ____________________________________________________________.
02D Enter Item Name. (Enter "NA," if clause not applicable.)
________________________________________________________. .
02E Enter Service Identification. (Enter “NA” if clause not applicable, or “NK” if service identification is not known).
____________________________________________________________.
02F Enter Test Number. (Enter "NA" if clause not applicable, or "NK" if test number is not known.)
_____________________________________________________________.
03. FAR 52.211-5, Material Requirements.
03A Enter the individual line item number for which the offeror proposes to furnish "other than new" (used) material; or reconditioned/remanufactured material; or unused former Government Surplus property. Enter "ALL" if, and only if, the response to 03B is the same for all line items in your offer. Enter "NA" here and in 03B if the provision is not applicable. (NOTE: If information is being provided for individual line item numbers, segments 03A and 03B should be repeated as many times as necessary.)
______________________________________________________________.
03B Select one of the following codes to describe the material the offeror intends to furnish:___________. If any code other than "NA" is entered, the offeror shall provide a list under separate cover describing such material in accordance with paragraphs (c) or (d) of the cited clause.
ON = Other than new (used)
RI = Reconditioned/Remanufactured Item
SU = New, Unused Government Surplus (If surplus material is offered, offeror must also complete the representation in clause 52.211-9000, Government Surplus Material (Apr 2002).
NA = Not applicable
04. FAR 52.219-1, Small Business Program Representations/Type of Business
04a The offeror certifies as part of his offer that it is a _______________ business type. (Select only one code from the list below.)
B = Small Business Concern (Use this code if your firm is a small business concern, as defined in FAR 52.219-1, paragraph (c), and no other code below applies.)
C = Nonprofit Institution. (Use this code if you are a business entity organized and operated exclusively for charitable or scientific purposes, and you are exempt from Federal income taxation under Section 501 of the Internal Revenue Code, as described in FAR 31.701.)
E = Educational Institution. (Use this code if you are an institution of higher education (i.e., college or university) other than a historically black college or university or minority institution.)
F = Historically Black College or University (HBCU). (Use this code if you are a historically black college or university, as defined in FAR 2.101.)
G = JWOD Participating Nonprofit Agency. (Use this code if you are a nonprofit agency-serving people who are blind, or those with other severe disabilities, as defined in FAR 8.701.)
P = Minority Institution. (Use this code if you are a minority institution, other than a historically black college or university, as defined in FAR 2.101.)
X = Intragovernmental. (Use this code if you are a Federal Agency, Government corporation, or other Government agency, such as Federal Prison Industries (UNICOR).)
M = Small Disadvantaged Business Concern (Use this code if your firm is a small disadvantaged business concern, as defined in FAR 52.219-1(b)(2)).
W = Woman-owned Small Business Concern (Use this code if your firm is a woman-owned small business concern, as defined in FAR 52.219-1, paragraph (c).)
T = Veteran-Owned Small Business Concern (Use this code if your firm is a veteran-owned small business concern, as defined in FAR 52.219-1, paragraph (c), and code R does not apply.)
R = Service-Disabled Veteran-Owned Small Business Concern (Use this code if your firm is a service-disabled veteran-owned small business concern, as defined in FAR 52.219-1, paragraph (c).)
U = Woman-Owned Small Disadvantaged Business Concern (Use this code if your
firm is a both a woman-owned small business and a small disadvantaged business.) See citations for definitions at codes M and W, above.
K = Small Disadvantaged, Service-Disabled Veteran-Owned Small Business Concern (Use this code if your firm is both a small disadvantaged business and a service-disabled veteran-owned small business.) See citations for definitions at codes M and R, above.
L = Small Disadvantaged, Other Veteran-Owned Small Business Concern (Use this code if your firm is both a small disadvantaged business and a veteran-owned small business (but not a service-disabled veteran-owned small business).) See citations for definitions at codes M and T, above.
N = Woman-Owned, Service-Disabled Veteran-Owned Small Business Concern (Use this code if your firm is both a woman-owned small business and a service-disabled veteran-owned small business.) See citations for definitions at codes W and R, above.
V = Woman-Owned, Other Veteran-Owned Small Business Concern (Use this code if your firm is both a woman-owned small business and a veteran-owned small business (but not a service-disabled veteran-owned small business).) See citations for definitions at codes W and T, above.
Y = Woman-Owned, Small Disadvantaged, Service-Disabled Veteran-Owned Small Business Concern (Use this code if your firm is a woman-owned small business, a small disadvantaged business, and a service-disabled veteran-owned small business.) See citations for definitions at codes W, M, and R, above.
Z = Woman-Owned, Small Disadvantaged, Other Veteran-Owned Small Business Concern (Use this code if your firm is a woman-owned small business, a small disadvantaged business, and a veteran-owned small business (but not a service-disabled veteran-owned small business).) See citations for definitions at codes W, M, and T, above.
A = Large Business (Use this code if your firm is not included in any of
the above categories.)
04B HUBZone Small Business Concern. Enter “Y” to represent that your firm is a HUBZone small business concern whose name appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and as described in paragraph (c) of FAR 52.219-3 (Notice of Total HUBZone Set-Aside). Otherwise, enter “N.” _________________.
04C The offeror makes the following representation regarding its joint venture status:___________. If any code other than "NA" is entered, the offeror shall provide under separate cover a list of the names of participating HUBZone small business concerns.
JV = “Y” is entered in 04B, the offeror is a joint venture that complies with the requirements of 13 CFR Part 126, and the offeror’s representation provided by entry of the “Y” in 04B is accurate for the HUBZone small business concern(s) participating in the joint venture. [Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.]
JN = “Y” is entered in 04B, but the offeror is not a joint venture within the requirements of 13 CFR Part 126.
NA = Not applicable. (Use this code if “N” has been entered in 04B.)
04D If 04A, above, contains a code other than “M,” “U,” “K,” “L,” “Y,” or “Z,” insert “NA” on the blank line. If 04A contains any of these codes, the offeror shall identify the category on which its small disadvantaged business status is based:________. (Applies to offers exceeding $25,000.)
BA = Black American.
HA = Hispanic American.
AI = Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
AP = Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
SC = Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
SD = Small disadvantaged individual/concern, based on other than one of the preceding.
NA = Not applicable (04A contains a “B,” “W,” “T,” “R,”, “N,” or “V”).
05. FAR 52.222-22, Previous Contracts and Compliance Reports (Applies to offers exceeding $10,000 when FAR 52.222-26 applies.)
05A (Completion of segment 05A also serves as the offeror's representation that it will obtain, prior to subcontract awards, representations signed by proposed subcontractors indicating submission of required compliance reports.) Select one code from the following list that identifies the offeror's submission of required compliance reports:________________.
Y4 = Has participated in a previous contract subject to applicable Equal
Opportunity coverage, and filed all required compliance reports.
Y5 = Has participated in a previous contract subject to applicable Equal
Opportunity coverage, and has not filed all required compliance
reports.
N4 = Has not participated in a previous contract requiring compliance
reports.
NA = Not applicable.
06. FAR 52.222-25, Affirmative Action Compliance. (Applies to offers exceeding $10,000 when FAR 52.222-26 applies.)
06A The offeror represents as part of its offer that (select one code from the following list):______________.
Y6 = The offeror has developed and has on file required affirmative action programs.
N6 = The offeror has not developed and does not have on file required affirmative action programs.
NH = The offeror has not had previous contracts subject to the written affirmative action program requirements.
NA = Not applicable.
07. FAR 52.223-3, Hazardous Material Identification and Material Safety Data; DFARS 252.223-7001, Hazard Warning Labels; DLAD 52.223-9000, Material Safety Data Sheets and Hazard Warning Labels. (Completion of segment 07 serves as the offeror's representation that it will submit for each item as required prior to award, a Material Safety Data Sheet (MSDS) prepared in accordance with paragraph (a)(2) of the cited DLAD clause and a copy of the Hazard Warning Label, in accordance with referenced Hazard Communication Standard, Federal Standard, and any other requirement contained in the cited clauses.)
07A Enter the individual line item number for which the labeling/MSDS requirements described above apply. Enter "ALL" if, and only if, the response to 07B is the same for all line items in your offer. Enter "NA" if the provisions are not applicable. (NOTE: If information is being provided for individual line item numbers, segments 07A and 07B should be repeated as many times as necessary.) _________________________________.
07B Select the code that indicates whether hazardous material(s) will be supplied:_____________. If code Y7 is entered, in addition to the MSDS(s) and Hazard Warning Label(s), the offeror must provide under separate cover a list, in accordance with paragraph (b) of the cited FAR clause, of hazardous materials intended to be furnished. Also on that list, the offeror shall indicate the statute in accordance with which each such hazardous material will be labeled. (See paragraph (c) of the cited DFARS clause.)
Y7 = The offeror proposes to furnish hazardous material.
N7 = Hazardous material will not be furnished.
08. DFARS 252.225-7000, Buy American Act - Balance of Payments Program Certificate (applies only if the contract amount is expected to exceed $2,500 and DFARS 252.225-7001 is included in the solicitation); and DFARS 252.225-7035, Buy American Act - North American Free Trade Agreement Implementation Act - Balance of Payments Program Certificate. (Applies only if the contract amount is expected to exceed $25,000 and DFARS 252.225-7036 or its Alternate I is included in the solicitation.) [Either or both of these clauses may serve as the basis for this requirement.]
08A Select one of the following: .
Y8 = The offeror certifies that each end product is a domestic end product, and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
N8 = The offeror certifies that not all end products are domestic end products, and further certifies the identification of every non-domestic end product and its country of origin as provided in paragraphs 09 and 10, below.
NA= Not applicable.
09. DFARS 252.225-7000, Buy American Act - Balance of Payments Program Certificate. (Applies only if the contract amount is expected to exceed $2,500 and DFARS 252.225-7001 is included in the solicitation.)
09A Enter the individual line item number of any end product that is not a domestic end product. Enter "ALL" if, and only if, the responses to 09B and 09C are the same for all line items in your offer. Enter "NA" if the response to 08A is coded "Y8," or if the provision is not applicable. (NOTE: If information is being provided for individual line item numbers, segments 09A through 09C should be repeated as many times as necessary.)
09B The offeror certifies that the end product identified in 09A, above, is a (select one code from the list below): .
QE = Qualifying Country End Product.
NQ = Non-qualifying Country End Product.
NA = Not applicable. (Insert "NA" if the response to 09A is coded "NA," or
if the provision is otherwise inapplicable.)
09C The offeror certifies that the country of origin of the end product identified in 09A, above, is as follows. (Select one of the codes below for a Qualifying Country end product; enter the name of a nonqualifying country; otherwise, enter "NA" if the response to 09A is coded "NA," or if the provision is otherwise inapplicable.)______________________.
AS = Australia NL = Netherlands
BE = Belgium NO = Norway
CA = Canada PO = Portugal
DA = Denmark SP = Spain
EG = Egypt TU = Turkey
GE = Federal Republic Germany UK = United Kingdom of Great
FR = France Britain and Northern Ireland
GR = Greece AU = Austria
IS = Israel FI = Finland
IT = Italy SW = Sweden
LU = Luxembourg SZ = Switzerland
10. DFARS 252.225-7035, Buy American Act - Free Trade Agreements - Balance of Payments Program Certificate. (Applies only if the contract amount is expected to exceed $25,000 and DFARS 252.225-7036 or its Alternate I is included in the solicitation.)
10B The offeror certifies that the end product identified in 10A, above, is a (select one code from the list below):
QE = Is a qualifying Country (except Canada) End Product.
NE = Is a Free Trade Agreement Country End Product (applies to acquisitions from Canada for $25,000 or more; and from Mexico, Chile, and Singapore for $58,550 or more).
NN = Is an other Non-Free Trade Country End Product.
NA = Not applicable (Insert "NA" if the response to 10A is coded "NA," or if the provision is otherwise inapplicable.)
10C The offeror certifies that the country of origin of the end product identified in 10A, above, is as follows. (Select one of the codes below for a Qualifying Country, U.S.-made, or Free Trade end product; enter the name of a nonqualifying country; otherwise, enter "NA" if the response to 10A is coded "NA," or if the provision is otherwise inapplicable.)
________________________.
AS = Australia NL = Netherlands
BE = Belgium NO = Norway
CA = Canada PO = Portugal
CH = Chile SI = Singapore
DA = Denmark SP = Spain
EG = Egypt TU = Turkey
GE = Federal Republic Germany UK = United Kingdom
FR = France of Britain and
GR = Greece Northern Ireland
IS = Israel AU = Austria
IT = Italy FI = Finland
LU = Luxembourg SW =Sweden
MX = Mexico SZ = Switzerland
11. DLAD 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items. (In addition to providing the information required in 12A, 12B, 12C, 13A, 13B, 13C, 13D, and 13E, below, the offeror shall provide the manufacturer's name and part number in the appropriate segment of this transaction. “Exact product,” “alternate product,” “superceding part number” and “previously-approved product” are defined in 52.217-9002.)
11A Enter the individual line item number for which the offeror intends to provide the exact product (including manufacturer's name, cage code and part number) referred to in the acquisition identification description (AID) of this solicitation. Enter "ALL" if the exact product(s) as specified in the solicitation will be provided for all line items in your offer. Enter "NONE" if only alternate products to the products referred to in the AID of this solicitation will be provided for all line items. Enter "NA" if the solicitation does not pertain to part-numbered items. (NOTE: If information is being provided for individual line item numbers, segments 12A, 12B and 12C should be repeated as many times as necessary.)___________________________.
11B If 11A contains an entry other than “None” or “NA”, enter the CAGE Code which pertains to the exact AID part number being offered. Enter “NA” if the solicitation does not pertain to part-numbered items. Enter “None” if an alternate product to the product referred to in the AID of this solicitation is being offered.__________________________
11C If 11A contains an entry other than “None” or “NA”, enter the exact AID part number which pertains to the item being offered. Enter “NA” if the solicitation does not pertain to part-numbered items. Enter “None” if an alternate product to the product referred to in the AID of this solicitation is being offered.____________________________.
12. DLAD 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items. (See instructions in parentheses at 11. above.)
12A Enter the individual line item number for which the offeror intends to provide an alternate product to the product referred to in the AID of this solicitation. Enter "ALL" if alternate products to the product referred to in the AID will be provided for all line items in your offer. Enter "NONE" if only the exact product(s) will be provided for all line items. Enter "NA" if the solicitation does not pertain to part-numbered items. (NOTE: If information is being provided for individual line item numbers, segments 13A through 13E should be repeated as many times as necessary.) __________________.
12B If 12A contains an entry other than "NONE" or “NA", and if the alternate product specified has been previously furnished to the Government or otherwise evaluated and approved, enter the contract or solicitation number under which it was furnished or approved. If the alternate product has been previously approved outside of a solicitation/contract process, enter the name of the approving authority. Enter "NF" if the alternate product has not previously been furnished and approved. Enter “NONE” if the exact product is being offered. Enter "NA" if the solicitation does not pertain to part-numbered items. ___________________.
12C If 12A contains an entry other than "NONE" or "NA," enter the CAGE code which pertains to the part number being offered. Enter “NONE” if the exact product is being offered. Enter "NA" if the solicitation does not pertain to part-numbered items. _________________________.
12D If 12A contains an entry other than “NONE” or “NA”, enter the part number which pertains to the item being offered. Enter “NONE” if the exact product is being offered. Enter “NA” if the solicitation does not pertain to part-numbered items. __________________________.
12E If 12A contains an entry other than “NONE” or “NA”, enter “AB” if you are offering an alternate product that has not been previously approved (this includes a previously reverse-engineered product that is not currently cited in the AID), “PA” if this is a previously approved alternate product, or “SN” if this is a part number that supersedes the part number cited in the AID of the solicitation. Enter “NONE” if the exact product is being offered. Enter “NA” if the solicitation does not pertain to part-numbered items ____________________.
NOTE: For each alternate product to the product referred to in the AID of this solicitation, the offeror must furnish the drawings, specifications, and other data required by 52.217-9002. In addition, for items that have previously been reverse-engineered but are not currently cited in the AID, the offeror must provide with this offer the data package and other requirements established in paragraph (c)(2) of 52.217-9002.
13. DLAD 52.233-9001, Disputes: Agreement to Use Alternative Disputes Resolution (ADR).
13A. Select one of the following codes to indicate the offeror’s position regarding the acceptability of this ADR clause:_________(enter code here).
A = The offeror accepts the clause
B = The offeror opts out of this clause and does not desire to negotiate alternate wording
14. FAR 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.
14A. Select one of the following codes to indicate the offeror’s furnishing of any end product listed at http://www.dol.gov/ilab/regs/eo13126/main.htm :_____.
“Y15” The offeror will not supply any end product from the list provided above, that was mined, produced, or manufactured in a corresponding country as listed for that end product.
“M15” The offeror may supply an end product from the list provided above. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(End of provision)
(End of Provision)
(End of Provision)
52.213-9007 DLA Internet Bid Board System (DIBBS) Quoting Information for BSM Automated Solicitations (APRIL 2006) - DLAD
(a) AUTOMATED SOLICITATIONS ON DIBBS: This provision applies to all BSM automated solicitations valued at or below $100,000, Requests for Quotations (RFQs), that are posted on DLA Internet Bid Board System (DIBBS). These automated solicitations are identified by “SPM” in the first three positions of a solicitation number, and “T” or “U” in the ninth position of the solicitation number.
(b) SUBMISSION OF AUTOMATED QUOTES: Automated quotes must be submitted electronically on DIBBS at https://www.dibbs.bsm.dla.mil or via electronic data interchange (EDI) prior to the solicitation return date and time for all Requests for Quotations (RFQs) posted on DIBBS. Quotes received by other electronic means, even though within the FAR definition of “electronic commerce” or “electronic and information technology”, such as facsimile (fax) or electronic mail (email), will not be considered for award. Quotes received by U.S. Mail will not be considered for award.
(c) RETURN DATE AND TIME: The time for receipt of quotes is 3:00 P.M. Eastern Standard Time, or when applicable, Eastern Daylight Savings Time on the return date. All return date/times are synchronized to the U.S. Naval Observatory Clock. If a return date falls on a Saturday, Sunday or federal holiday, the return date will be extended to the next business day. The direct entry of quote information into the DIBBS website is a method that precludes transmission delays, and will ensure the quote is evaluated. Quote submission using EDI/DIBBS is subject to electronic interface latency which can result in transmission delays. Offerors must consider transmission delays in the EDI/DIBBS system when submitting quotes for consideration, and assume the risk of late transmission/submission.
RETURN DATE AND TIME AUCTION: The solicitation return date/time is a firm closing date/time for auctions. Late quotes will not be considered for award.
RETURN DATE AND TIME NON-AUCTION: Awards will not be made prior to the solicitation return date/time unless it is a FAST PACE or there is a documented urgency. At the return date/time all quotes received will be evaluated, therefore, all quotes over $2,500 should be submitted by the return date/time specified in the solicitation. Fast PACE solicitations, which are those solicitations estimated to be less than $2,500, may be awarded prior to the solicitation return date/time when they are not auction solicitations.
PACE may extend the solicitation return date for three business days when prices from qualified quotes cannot be determined reasonable. Notice of the extension will be provided by email to all vendors in the competitive range (bids without exception) inviting them to revise their quotes. The notice will be sent to the email address registered on DIBBS for the person that submitted the quote. If a third party submitted the quote, the notice will be sent to the email addresses of the third party and the superuser for the CAGE on whose behalf the quote is being submitted. Vendors are responsible for the accuracy of email addresses in DIBBS and should ensure that they are correct. Vendors that have submitted their best quoted price will not need to resubmit their quote.
(d) HOW INTERRUPTIONS AFFECT RETURN TIME AND DATE: If an emergency or unanticipated event interrupts DIBBS processes so that quotes cannot be submitted on DIBBS at the close of a solicitation, the return date/time will be extended to the same time of day on the next business day on which DIBBS processes resume. Notice of the extension will be provided on the DIBBS home page. A vendor’s inability to submit a quote caused by failure of a vendor’s hardware, software, Internet Service Provider, or the World Wide Web itself, is not cause for extension of a solicitation.
(e) LATE QUOTES: Quotes received after the return date/time for auction solicitations will not be considered.
Quotes received after the return date/time for non-auction solicitations may continue to run through the automated evaluation process until the evaluation process has begun. Once the evaluation process has begun, late quotes will only be considered if the contracting officer determines that it is in the best interest of the Government and that considering the late quote would not unduly delay the award. See the provision at 52.213-9008 entitled Procurement Automated Contract Evaluation for information related to the automated evaluation process.
(f) QUOTE REVISIONS: Quotes may be revised on DIBBS up until the time the solicitation is awarded or cancelled by resubmitting a new quote. Quote revisions will overlay previously submitted quotes on the same solicitation in the Government database.
(g) QUOTE WITHDRAWAL: Quotes may be withdrawn on DIBBS up until the time the solicitation is awarded or cancelled by resubmitting a new quote and selecting a bid type of “no bid.” Quote withdrawal will overlay previously submitted quotes on the same solicitation in the Government database.
(h) SET-ASIDE SOLICITATIONS: Solicitations with an estimated dollar value exceeding $2,500 but not over $100,000 are set-aside for small business when cited in the solicitation. When a solicitation is set-aside, only small business quotes that comply with the non-manufacturer rule will be considered. See FAR 19.502(c) for an explanation of this rule.
(i) FAST PACE SOLICITATIONS: A Fast PACE icon on the DIBBS “search results” screen identifies Fast PACE solicitations. These solicitations, estimated to be less than $2,500, are not set-aside for small businesses. The solicitations may be awarded prior to the solicitation return date/time when they are not auction solicitations. Commencing at 3:00 P.M., 3 business days after the issue date, and continuing every day thereafter at 3:00 P.M. until the return date, all quotes $2,500 or less will be evaluated by DLA’s Procurement Automated Contract evaluation (PACE) program for an early award.
DISCLAIMER: The Fast PACE icon is used to indicate a “T” or “U” solicitation with an estimated dollar value of $2,500 or less, not the potential quoted value. Quotes valued less than $2,500 that are submitted in response to solicitations that have an estimated value greater than $2,500, may result in an early award as a result of being evaluated as a Fast PACE quote, even if not originally designated as such.
(j) AUCTION SOLICITATIONS: Auction solicitations are identifiable by a statement on the solicitation and by a gavel icon appearing on the DIBBS dynamic RFQ search results, the Internet quote form, and the batch quote download file. Prices and other factors that could affect price evaluation (inspection and acceptance point, surplus, Buy American) are publicly displayed for all qualified quotes (bids without exception). (Note: large business quotes above $2,500 are not displayed on auction solicitations set-aside for small business, and any quote above $100,000 will not be displayed). Bidders remain anonymous and have the opportunity to lower their quotes up until the auction closes (the return date/time) in the hope of receiving the award. Awards of auction solicitations will not be made prior to the solicitation return date/time without a documented urgency. At the return date/time, all quotes will be evaluated, therefore all quotes for auction solicitations must be submitted by the return date/time specified in the solicitation. DIBBS quotes received after the return date/ time specified in the auction solicitation will not be considered for award.
As prescribed in DLAD 13.106-2(b) (92), insert the following provision in all BSM automated solicitations valued at or below $100,000:
Procurement Automated Contract Evaluation (PACE) Information (JAN 06) - DLAD
(a) PACE EVALUATION: Acquisitions are candidates for automated award under DLA's Procurement Automated Contract Evaluation (PACE) program, when the solicitation states that the PACE program applies. The program uses price logic and other automated filters to make fully automated and buyer assisted automated awards valued at $100,000 or less. A purchase order with a “V” in the ninth position denotes an order issued under PACE. PACE only considers “qualified quotes” for award. Qualified quotes are in exact compliance with the solicitation requirements (bid type equal to “bid without exception”), and are submitted on the DLA Internet Bid Board System (DIBBS). Refer to provision 52.213-9007 for information related to DIBBS.
(1) The following are not, by themselves, considered exceptions to the solicitation requirements and will not make a quote ineligible** for an award:
(i) Quoting delivery days different than the required delivery days;
(ii) **Quoting origin inspection on solicitations requiring destination Inspection;
(iii) Quoting a superseding or previously approved part or correction to a CAGE/part number cited in the acquisition identification description (AID) on an item described by manufacturer’s CAGE and part number;
(iv) Quoting a used, reconditioned, remanufactured item;
(v) Quoting other than a domestic end product on an unrestricted solicitation;
(vi) Quoting a hazardous item;
(vii) Quoting a new/unused Government surplus item; and
(viii) Quoting “Other” when the solicitation states a Higher Level Quality requirement is required
** NOTE: The Department of Defense is implementing a policy that limits government source inspections, and permits government source inspection for specific instances. Vendors should submit quotes based on the requirements stated in the solicitation. If a vendor’s quote does not comply with the requirements stated in the solicitation, evaluation factors will be applied. See paragraph (b)(1) below. Additionally, should a quote citing origin inspection for a solicitation requiring destination inspection be evaluated manually, the quote may become ineligible for award.
(2) The following are considered exceptions to the solicitation requirements and will make a quote ineligible for an
automated PACE award:
(i) Quoting an alternate product or otherwise taking exception to the solicitation’s item description;
(ii) Exceptions to Packaging requirements;
(iii) Exceptions to FOB terms;
(iv) Quoting destination inspection on a solicitation requiring origin inspection;
(v) Exceptions to required quantity;
(vi) Quoting a quantity variance greater than what is specified on the solicitation;
(vii)Quoting “None” when a Higher Level Quality Requirement is required; and
(viii) Quoting the use of Child Labor
(b) PACE EVALUATION FACTORS: PACE evaluates all qualified quotes on the basis of price alone and does not consider quantity price breaks. Price evaluation factors are added to the total quoted price in the following instances:
(1) $250 for quoting origin inspection when the Government’s requirement is for destination inspection (see DLAD 52.213-9001; factor does not apply to FMS and DVD (Direct Vendor Delivery) requirements if any qualified quote is above $25,000);
(2) $200 for quoting surplus material on non-critical items; $700 for quoting surplus material on critical items. When an automated quote of surplus material is in line for award after applying the above evaluation factors, a manual evaluation will be conducted in accordance with the more detailed evaluation criteria in DLAD 52.211-9003.;and
(3) The Buy American Act (BAA) places restrictions on the purchase of supplies that are not domestic end products. Refer to DFARS 252.225-7036.
(c) TIE QUOTES: If evaluated offers results in a tie between qualified quotes, the award decision will be based on the following order of precedence:
(1) A domestic end product offer over a non-qualifying country end product offer;
(2) Small business offer over a large business offer;
(3) Offer with the shortest delivery (If a quote contains different deliveries for multiple line items the automated evaluation program uses the average of the delivery periods); and
(4) First quote submitted.
(d) MANUAL EVALUATION: If the solicitation did not state that it was a candidate for PACE evaluation, or if the solicitation stated that it was a candidate for PACE evaluation but PACE is unable to make price reasonableness or contractor responsibility determinations, the solicitation and quote will be evaluated and awarded manually. When a quote is manually evaluated the contracting officer may consider quantity price breaks offered without further solicitation or discussion.
(e) MANUAL EVALUATION FACTORS: If the requirement is evaluated manually, price, delivery, and past performance will be considered in accordance with the terms in the solicitation. Delivery will be considered consistent with DLAD 52.211-9011.
(f) ALTERNATE OFFERS: Alternate offers will not be considered for automated award. Alternate offers may be submitted for evaluation for future procurements to the location identified in DLAD Clause 52.217-9002.
(g) NOTICE OF AWARD: The Government’s offer to purchase, as evidenced by an order, is made on the basis of a submitted quotation. Vendors are requested to notify the administrative contracting officer, within 14 days after receiving the notice of award, when they will not perform in accordance with an order. Failure to provide prompt notice will adversely affect your past performance evaluation if this order is later cancelled at other than the Government’s request.
(h) PACE Distribution: The PACE award will be posted to the DLA DIBBS web site and distributed via email notification with a Web link to an electronic copy of the DD Form 1155, Order for Supplies or Services. Orders will be transmitted via DPACS Electronic Data Interchange (EDI) to contractors who are DPACS EDI capable. Contractors that are not DPACS EDI capable will receive their orders via email award notification containing Web links. Delays in the receipt of awards that are caused by email interruptions and Internet access are not excusable delays and will not extend delivery schedules.
(End of Provision)
52.213-9009 Fast Payment Procedure.
As prescribed in 13.404 (90), insert the following clause:
FAST PAYMENT PROCEDURE (AUG 2005) – DLAD
When the contract or order includes FAR 52.213-1, Fast Payment Procedure, the following terms and conditions are included.
a. The following statement shall appear on the consignee’s copy of the invoice or packing slip:
CONSIGNEE’S NOTIFICATION TO PURCHASING ACTIVITY OF NONRECEIPT, DAMAGE, OR NONCONFORMANCE The consignee shall notify the purchasing office promptly after the specified date of delivery of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Unless extenuating circumstances exist, the notification should be made not later than 60 days after the specified date of delivery. |
b. FOB terms are in accordance with FAR 52.213-1. Invoices shall be submitted directly to the finance office designated elsewhere in this order or in the basic contract, or in the case of unpriced purchase orders, to the contracting officer. For f.o.b. Origin shipments, transportation or postage shall be prepaid and added to the invoice as a separate line item.
(End of clause)
52.214-9001 Schedule--firm fixed price & fixed price with economic price adjustment.
As prescribed in 14.201-2(b)(90) and 15.204-2(b)(90), insert the following or similar provision:
SCHEDULE - FIRM FIXED PRICE & FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT (JULY 1996) - DLAD
For the following items, the base unit price (before any economic price adjustment (EPA)), is comprised of two portions:
(1) a portion subject to adjustment under the EPA clause of this contract, plus
(2) the (remaining) firm fixed price portion (for which separate pricing is permitted for option periods) pursuant to the clause of this contract entitled, "OPTION TO EXTEND THE TERM OF THE CONTRACT - SEPARATE FIRM FIXED PRICE & FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT PORTIONS".
Clin ______
Firm fixed priced portion $_________
Portion subject to EPA +_________
Total base period unit price (sum of two) $_________
[Note]
(End of provision)
[Note: When circumstances warrant, e.g., a substantial number of items is involved, the contracting officer may elect to repeat this clin price buildup in the schedule to incorporate the firm fixed price portion of each option period price, in lieu of adding the table to paragraph (c)(2) of the clause at 52.217-9001 to record this information].
As prescribed in 14.201-5(c)(90) and 15.204-5(c)(90), a provision substantially as follows may be inserted:
TRADE DISCOUNTS (JUN 1983) - DLAD
Trade discounts offered will be considered in evaluating offers for award. Offerors who desire to do so may quote customary terms of discount for prompt payment in addition to any trade or special discount available to the Government, provided such discounts are stated separately in their offers. Unless such trade or special discounts offered are separately stated, the offeror agrees that, when the discount offered exceeds 2 percent, the entire discount will be considered as a trade or special discount which will not be treated as a discount for prompt payment and will be considered in evaluating offers for award.
(End of provision)
52.214-9003 Right to apply f.o.b. origin offer.
As prescribed in 14.201-5(c)(91), a provision substantially the same as follows may be inserted in invitations for bids:
RIGHT TO APPLY F.O.B. ORIGIN OFFER (OCT 1982) - DLAD
Unless otherwise specified by the bidder, the Government may apply an f.o.b. origin offer against any f.o.b. origin item or subitem for the same product or supplies.
(End of provision)
52.214-9004 Subcontracting to other industrial preparedness planned producers.
As prescribed in 14.201-3(90) and 15.204-3, insert the following clause:
SUBCONTRACTING TO OTHER INDUSTRIAL PREPAREDNESS PLANNED
PRODUCERS (APR 1985) - DLAD
(a) This contract is being awarded under the authority of FAR 6.302-3 (10 U.S.C. 2304(c)(3)) for the purpose of maintaining vital facilities or suppliers in business or making them available in the event of a national emergency. Accordingly, competition is being limited for the current acquisition to those offerors with whom industrial preparedness agreements exist, or who agree to enter into industrial preparedness agreements under the Department of Defense Industrial Preparedness Program.
(b) The contractor agrees that it will not subcontract manufacturing of the deliverable end product under this contract to other firms which themselves are industrial preparedness producers for the end product. This does not preclude subcontracting for components for which subcontractors have entered into separate industrial preparedness agreements with the Department of Defense.
(End of clause)
52.215-9001 Evaluation factor for preaward survey.
As prescribed in 13.106-90(b), 14.201-8(a)(91), and 15.304(c)(95), insert the following provision:
EVALUATION FACTOR FOR PREAWARD SURVEY (MARCH 1994) - DLAD
(a) Although a majority of awards are made without the necessity of conducting a preaward survey (PAS) of the proposed awardee, such a survey may be required to be conducted of those offerors listed in (1) through (5) below as follows. Firms or individuals that have:
(1) Been listed on the GSA List of Parties Excluded from Federal Procurement Programs within the past * from the date of solicitation opening or closing; or
(2) Undergone reorganization under bankruptcy laws within the past * from the date of solicitation opening or closing, or are currently undergoing such reorganization; or
(3) Been included on the Defense Logistics Agency (DLA) Contractor Alert List (CAL), or are otherwise known to the contracting officer to have a poor or marginal performance history; or
(4) Within the past * received a negative PAS for an item within the same Federal Supply Class (FSC) as the item of supply, or for the same or similar service required under this solicitation; or
(5) Failed to liquidate indebtedness to DLA, to the following extent:
** .
(b) As a consequence of the Government's cost incurrence associated with conducting a PAS, for purposes of determining the present responsibility of any offeror described in (a)(1) through (5) above and to ascertain the most advantageous offer received, price and other factors considered, the amount of $369, which is the average amount of the direct costs of performing the PAS, shall be added as an evaluation factor to such offeror's total offered price.
(c) Nothing in this provision affects the right of the Government to perform or not to perform a preaward survey on any offeror.
* Insert applicable time period in accordance with 15.304(c)(95)(A), (B) and (D).
** Insert the extent of indebtedness that applies in accordance with 15.304(c)(95)(E).
(End of provision)
52.215-9002 Socioeconomic proposal.
As prescribed in 15.304(c)(4)(B), insert the following or similar provision:
SOCIOECONOMIC PROPOSAL (MAR 1996) - DLAD
In addition to any subcontracting plan required by the clause 52.219-9:
(i) Provide a description of the efforts your company will make to assure that small, small disadvantaged, and women-owned small business concerns will have equal opportunity to compete for subcontracts under any resulting contract. Describe your current and planned proposed range of services, supplies, and any other support that will be provided to you by small, small disadvantaged, and women-owned small business concerns. Include specific names of subcontractors to the extent they are known.
(ii) Describe any future plans your company has for developing additional subcontracting opportunities for small, small disadvantaged and women-owned small business concerns during the contract period.
(iii) Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to small, small disadvantaged and women-owned small businesses.
(iv) Specify what type of performance data you will accumulate and provide to the Contracting Officer regarding your support of small, small disadvantaged and women-owned small businesses during the period of contract performance. Provide the name and title of the individual principally responsible for ensuring company support to such firms.
(End of provision)
52.215-9003 Socioeconomic support evaluation.
As prescribed in 15.304(c)(4)(B), insert the following or similar provision:
SOCIOECONOMIC EVALUATION (OCT 1996) - DLAD
The Socioeconomic Proposal provided by the offeror under 52.215-9002 will be evaluated on a comparative basis among all offerors. An offeror that proposes a higher percentage, complexity level, and variety of participation by small, small disadvantaged and women-owned small businesses combined, generally will receive a higher rating on this factor. An offeror's efforts to develop additional opportunities for small, small disadvantaged and women-owned small businesses will also be comparatively evaluated with the proposals of other offerors. Offerors' proposals for socioeconomic support will be made a part of any resulting contract for use in determining how well the contractor has adhered to its socioeconomic plan. This plan will be monitored by the cognizant Defense Contract Management Agency's small business office as a means of assisting the contracting officer in determining how well the contractor has in fact performed. This determination will then be used as a consideration prior to option exercise and future source selection decisions. Performance on prior contracts in subcontracting with and assisting small, small disadvantaged, and women-owned small businesses will be part of past performance evaluation.
(End of provision)
52.215-9004 Javits-Wagner-O'Day Act Entity Proposal.
As prescribed in 15.304(c)(91)(ii), insert the following or similar provision:
JAVITS-WAGNER-O'DAY ACT ENTITY PROPOSAL (DEC 1997) - DLAD
(a) Provide a description of the efforts your company will make to assure that Javits-Wagner-O'Day Act (JWOD) qualified nonprofit agencies for the blind or other severely disabled will have equal opportunity to compete for subcontracts under any resulting contract. Describe your current and proposed range of services, supplies, and any other support that will be provided to you by JWOD concerns. Include specific names of such subcontractors, to the extent they are known.
(b) Describe any future plans your company has for developing additional subcontracting possibilities for JWOD entities, or ways in which these entities could be partnered with other businesses and agencies in opportunities to diversify revenue production, during the contract period.
(c) Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to JWOD entities.
(d) You shall be required to submit periodic progress reports (no less frequently than annually) to the contracting officer regarding your subcontracting efforts relative to JWOD entities. Specify what type of performance data you will accumulate and provide to the contracting officer regarding your support of JWOD entities during the period of contract performance. Provide the name and title of the individual principally responsible for ensuring company support to such entities (generally, this is the individual responsible for subcontracting with small, small disadvantaged, and women-owned small businesses).
(End of provision)
52.215-9005 Javits-Wagner-O'Day Act Entity Support Evaluation.
As prescribed in 15.304(c)(91)(ii), insert the following or a similar provision:
JAVITS-WAGNER-O'DAY ACT ENTITY SUPPORT EVALUATION (DEC 1997) - DLAD
The Javits-Wagner-O'Day Act (JWOD) Entity Proposal provided by the offeror under 52.215-9004 will be evaluated on a comparative basis among all offerors. An offeror that proposes or demonstrates a higher percentage, complexity level, and variety of participation by JWOD qualified nonprofit agencies for the blind or other severely disabled as subcontractors beyond those items for which JWOD entities are the mandatory source generally will receive a higher rating on this factor during the source selection process. Offerors' proposals for such support will be made a part of any resulting contract for use in determining how well the contractor has adhered to its plan. This plan will be monitored by the cognizant Defense Contract Management Agency activity as a means of assisting the contracting officer in determining how well the contractor has in fact performed. This determination will be one factor used in the placement of orders against multiple-award contracts and/or the exercise of options in the contract's follow-on years (as applicable). Performance on prior contracts in subcontracting with and assisting JWOD entities will be used as an element of past performance evaluation in subsequent source selection decisions.
(End of provision)
52.215-9006 Javits-Wagner-O'Day Act Entity Support - Contractor Reporting.
As prescribed in 15.304(c)(91)(iii), insert the following clause:
JAVITS-WAGNER-O'DAY ACT ENTITY SUPPORT - CONTRACTOR REPORTING (DEC 1997) - DLAD
The contractor shall submit periodic progress reports (no less frequently than annually) to the contracting officer regarding the contractor's subcontracting efforts relative to JWOD entities. There is no standard or prescribed format for this requirement; however, performance data accumulated and reported by the contractor must be as specified in its offer.
(End of clause)
52.215-9007 Preproposal Conference.
As prescribed in 15.201(d), insert the following provision:
PREPROPOSAL CONFERENCE (FEB 2005) - DLAD
A preproposal conference will be held to explain the requirements of this solicitation (number ______________________) and to respond to questions raised by prospective offerors. Prospective offerors are encouraged to attend. To arrange attendance, prospective offerors are requested to contact:
Name: |
_________________________ |
Telephone: |
_________________________ |
E-mail Address: |
_________________________ |
The date, time, and location of the conference are provided below:
Date: |
_________________________ |
Time: |
_________________________ |
Location: |
_________________________ |
Prospective offerors are requested to submit questions regarding the solicitation in writing via electronic mail to the above e-mail address five (5) days in advance of the conference to allow their inclusion in the agenda. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing.
The Government will not be liable for expenses incurred by an offeror prior to contract award.
Offerors are cautioned that remarks and explanations provided at the conference shall not change the terms of this solicitation unless the solicitation is amended in writing. Offerors may obtain a copy of the conference minutes from the Contracting Officer.
(End of provision)
52.215-9008 Facsimile Bids and Proposals
As prescribed in 14.201-6 (v) and 15.209 (e) insert the following provision:
Facsimile Bids and Proposals (JUL 2005) – DLAD
(a) Facsimile bids, proposals, amendments (including final proposal revisions (FPRs)), and withdrawals will be considered only if authorized in the solicitation by FAR 52.214-31, Facsimile Bids, or 52.215-5, Facsimile Proposals (Sec L). Fax machines should be programmed to include the telephone number as the distant station ID. This information is required to assist in properly documenting receipt.
(b) DLA/DSCC Internet Bid Board System (DIBBS) and Internet Quoting System (IQS). DIBBS and IQS do not permit facsimile proposals. Facsimile proposals in response to DIBBS or IQS solicitations will be rejected and returned to the offeror.
(c) DSC Richmond. The telephone number of the receiving facsimile equipment is 804-279-4165. For bid/proposal security reasons facsimile equipment is not located in the place designated for receipt of offers. Regular interoffice pick-up of facsimile transmissions occurs daily at 10:30 a.m. and 1:30 p.m., Eastern time zone.
(1) Bids, bid amendments, and bid withdrawals received by the facsimile equipment prior to 10:30 a.m. on the day of bid opening will be presumed to have been received on time.
(2) Proposals, amendments to proposals, withdrawals of proposals, and FPRs received by facsimile equipment prior to 1:30 p.m. on the day of closing will be presumed to have been received on time.
Alternate I
(c) DSC Columbus. The telephone number of the receiving facsimile equipment is 614-692-4275.
Alternate II
(c) DSC Philadelphia. The telephone number of the receiving facsimile equipment is 215-737-9300/01.
(End of provision)
52.215-9009 All or None for Automated Procurements.
As prescribed in 15.204-5(c)(90)(iv), insert the following provision:
ALL OR NONE FOR AUTOMATED PROCUREMENTS (AUG 2005) – DLAD
Offers must be submitted on the total quantity of each item as offers for a part of the quantity of any listed item will be rejected.
(End of Provision)
52.215-9010 All or None (IFB/RFP only)
As prescribed in 15.204-5(c)(90)(v), insert the following provision:
ALL OR NONE (IFB/RFP ONLY) (AUG 2005) - DLAD
(a) With respect to each item or group of items identified below, offers must be submitted for all items indicated. No award will be made for less than the full requirements shown in this solicitation for these items or groups.
GROUP __________
ITEM __________
(b) If this is an Invitation For Bid (IFB), any offeror offering less than all of the solicitation requirements of the indicated item or group of items will be non-responsive.
(c) If this is a Request For Proposal (RFP), any offeror offering less than all of the solicitation requirements of the indicated item or group of items may be precluded from consideration for award if the Contracting Officer elects to make an award without opening discussions.
(d) Offerors are cautioned that submission of an offer for selected item(s) within a given group is unacceptable; offers must be for all item(s) within a given group. However, an offeror may submit an offer on any one or more groups.
(End of Provision)
52.215-9011 Requirements for Quantity Increments or Ranges.
As prescribed in 14.201-5(c)(93) or 15.204-5(c)(90)(i), insert the following provision:
REQUIREMENTS FOR QUANTITY INCREMENTS OR RANGES (Jul 2006) - DLAD
(a) Offers are requested for increments or ranges of quantities as listed in the schedule of supplies or services. The awarded quantity, or quantities in the case of multiple items, will be based on the requirements of the Government and the combination of price and quantity per item that is most advantageous to the Government.
(1) Quantity increments consist of a primary amount and alternate amounts based on incremental increases. The quantity awarded will be either the full primary or one of the alternate quantities.
(2) Quantity ranges consist of a specific series of ranges. The quantity awarded may fall anywhere within any range.
(b) If this is an Invitation for Bids (IFB), a bid that only contains prices for quantities other than those quantities solicited in the schedule of supplies or services will be determined to be non-responsive.
(c) If this is a Request for Quotes (RFQ) or a Request for Proposals (RFP), an offer that only contains prices for quantities other that those quantities indicated in the schedule of supplies or services may be precluded from consideration for award if the Contracting Officer elects to make an award without discussion of proposals.
(d) If this solicitation requests offers for quantity ranges, the following apply:
(1) The unit price applicable to the entire award quantity shall be the unit price offered for the quantity range in which the award quantity falls;
(2) If an offer specifies the same price for all quantity ranges of an item, the offer may include a statement in the schedule of supplies or services that the unit price applies to all quantity ranges of that item. If an offer specifies different prices for a quantity range of an item, the offer must show a unit price in each quantity range column in the schedule of supplies or services.
(3) Award may be made on the basis of that quantity and price combination that is most advantageous to the Government without discussion of proposals.
(e) Cost or Pricing Data, if required, shall be furnished at the request of the Contracting Officer and need not be submitted with your offer.
(f) If this solicitation includes an option provision, option prices must be included for each increment.
(End of Provision)
52.215-9017 List of Documents, Exhibits, and Other Attachments
As prescribed in 15.204-4(91) insert the following provision:
LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS (SEP 2007) – DLAD
(a) THIS SOLICITATION CONSISTS OF THE FOLLOWING DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS:
(1)
(2)
(3)
(4)
(5)
(End of Provision)
52.216-9000 Implementation of FAR 52.216-2 Economic Price Adjustment--Standard Supplies.
Pursuant to 16.203-4(a)(1)(90), insert a clause that is substantially the same as the following clause:
IMPLEMENTATION OF FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT - STANDARD SUPPLIES (JAN 2002) - DLAD
(a) Economic price adjustment (EPA) pursuant to the clause of this contract entitled ECONOMIC PRICE ADJUSTMENT–STANDARD SUPPLIES (FAR 52.216-2), shall be determined as implemented herein.
(b) EPA is limited to changes in the established price for the Contract Line Item Number (CLIN) listed below. The offeror shall report the item name, its part number and current established price (as defined in paragraph (a) of the aforementioned EPA clause), its unit of measure and FOB location, shall identify the name, source and date of the document containing such price, and shall attach to its offer, a copy of the pages from such document identifying the item and its price:
______________________________________(Note1)____________________________________________________________________________________________________________________________________________________________________________________________________________
(c) In the event the price cited in (b) is an established market price which the contracting officer determines consistently and substantially fails to reflect market conditions, the contracting officer may modify the contract to specify use of an appropriate substitute market price, effective on the date such market price specified in the contract begins to consistently and substantially fail to reflect market conditions.
(d) The Contractor shall include with the final invoice, a statement that the Contractor has not experienced a decrease in the unit price for the item listed herein, or a statement that it has given notice of all such decreases in compliance with the EPA clause.
(End of clause)
Note 1: The contracting officer shall list the CLIN to be subject to EPA, provide for offeror fill-in of its item name, part number, current cost, unit of measure and FOB location for such item, and for the name, source and date of the document containing such price.
52.216-9001 Implementation of FAR 52.216-3 Economic Price Adjustment--Semistandard Supplies.
Pursuant to 16.203-4(b)(90), insert a clause that is substantially the same as the following clause:
IMPLEMENTATION OF FAR 52.216-3 ECONOMIC PRICE ADJUSTMENT - SEMISTANDARD SUPPLIES (JAN 2002) - DLAD
(a) Economic price adjustment (EPA) pursuant to the clause of this contract entitled ECONOMIC PRICE ADJUSTMENT–SEMISTANDARD SUPPLIES (FAR 52.216-3), shall be determined as implemented herein.
(b) EPA is limited to changes in the established price for the Contract Line Item Number (CLIN) listed below. The offeror shall report the item name, its part number and current established price (as defined in paragraph (a) of the aforementioned EPA clause), its unit of measure and FOB location, shall identify the name, source and date of the document containing such price, and shall attach to its offer, a copy of the pages from such document identifying the item and its price:
___________________________________(Note1)_________________________________________
______________________________________________________________________________________________________________________________________________________________________
(c) In the event the price cited in (b) is an established market price which the contracting officer determines consistently and substantially fails to reflect market conditions, the contracting officer may modify the contract to specify use of an appropriate substitute market price, effective on the date such market price specified in the contract begins to consistently and substantially fail to reflect market conditions.
(d) The Contractor shall include with the final invoice, a statement that the Contractor has not experienced a decrease in the unit price for the item listed herein, or a statement that it has given notice of all such decreases in compliance with the EPA clause.
(End of clause)
Note 1: The contracting officer shall list the CLIN to be subject to EPA, provide for offeror fill-in of its item name, part number, current cost, unit of measure and FOB location for such item, and for the name, source and date of the document containing such price.
52.216-9002 Implementation of FAR 52.216-4 Economic Price Adjustment--Labor and Material.
Pursuant to 16.203-4(c)(90), insert a clause that is substantially the same as the following clause:
IMPLEMENTATION OF FAR 52.216-4 ECONOMIC PRICE ADJUSTMENT - LABOR AND MATERIAL (JAN 2002) - DLAD
(a) Economic price adjustment (EPA) pursuant to the clause of this contract entitled ECONOMIC PRICE ADJUSTMENT–LABOR AND MATERIAL (FAR 52.216-4), shall be determined as implemented herein.
(b) EPA is limited to changes in the contractor’s cost relative to the labor category or item of material and the related Contract Line Item Number (CLIN)) listed below. The offeror shall list its current cost per unit of labor and/or materials for such item, shall identify the name, source and date of the document containing such cost, and shall attach to its offer, a copy of the pages from such document identifying the item and its cost:
_________________________________(Note1)_________________________________________________________________________________________________________________________________________________________________________________________________________________
(c) EPA for the specified cost element relative to each Contract Line Item Number (CLIN) shall be calculated as follows:
_________________________________(Note2)____________________________________________ __________________________________________________
___________________________________________________________________________________
(d) The Contractor shall include with the final invoice, a statement that the Contractor has not experienced a decrease in any labor rate and/or material unit price for the item listed herein, or a statement that it has given notice of all such decreases in compliance with the EPA clause.
(End of clause)
Note 1: For the item to be subject to price adjustment, the contracting officer shall list the CLIN, the specific labor category or item of raw material, purchased part, etc. to be subject to EPA, provide for offeror fill-in of its current cost and unit of measure for such category/item, and for the name, source and date of the document containing such cost.
Note 2: The contracting officer shall identify the quantity and cost (or the dollar percentage) of the item listed in paragraph (b) that is included in CLIN price, along with an explicit description of how an increase, and how a decrease, in such item cost shall be used in calculating any EPA to the CLIN unit price. A sample calculation may be included if deemed beneficial.
52.216-9003 ECONOMIC PRICE ADJUSTMENT-SPECIALTY METALS – MARKET PRICE -
PROSPECTIVE ADJUSTMENTS (JAN 2007)
Pursuant to 16.203-4(91)(iv) insert the following clause:
(a) WARRANTIES. The Contractor warrants that--
(1) The base unit prices set forth in the Schedule do not include
allowances for any portion of the contingency covered by this clause;
(2) The Contract Line Items included in the TABLE (paragraph (f)) are subject to the Preference for Domestic Specialty Metals clause of this contract; and
(3) The prices to be invoiced shall be computed in accordance with the provisions of this clause.
(b) DEFINITIONS. As used throughout this clause--
(1) "Market price indicator," as specified in column 5 of the TABLE is the measure of changes in the market price of the material cost for the specialty metal(s) included in the contract price of the contract line item Numbers (CLINs) subject to adjustment under this clause.
(2) "Base unit price" is the unit price of a CLIN listed in the TABLE, as applicable, during the initial contract period, or during an option period, exclusive of any price adjustment pursuant to this clause.
(3) "Base period" is the three calendar months preceding the month containing, as applicable, the closing date for receipt of offers (final proposal revisions if discussions were held) under negotiation procedures or the date of bid opening under sealed bid procedures. In addition, if the contract includes a period option, the base period is the arithmetic average of the three calendar months immediately preceding the month prior to the month containing the effective date for the option exercised.
(4) "Base market price indicator" (BMPI) for a CLIN listed in the TABLE is the arithmetic average of the market price indicator values for the base period for the specialty metal(s) specified in column (2) of the TABLE for that CLIN.
(5) “Base specialty metals cost” (BSMC) for a CLIN listed in the TABLE is the dollar value of the direct materials cost of a specialty metal as recorded in Column (4) of the TABLE for such item.
(6) “Adjustment period” for purposes of this contract, will be: (if none marked, adjustments will be done annually)
( ) Quarterly – adjustments will be calculated following the publication of the market price indicator for the second month in each consecutive three calendar month period.
( ) Semi-annually – adjustments will be calculated following the publication of the market price indicator for the fifth month in each consecutive six calendar month period.
( ) Annually - adjustments will be calculated following the publication of the market price indicator for the eleventh month in each consecutive twelve calendar month period.
(7) "Adjusting market price indicator" (AMPI) for a CLIN listed in the TABLE during the first adjustment period of contract performance is the arithmetic average of the market price indicator values for the three months immediately preceding the month prior to the first month of contract performance. For subsequent adjustment periods, the adjusting market price indicator for such CLIN is the arithmetic average of the three calendar months immediately preceding the month prior to the first month of the current adjustment period for which a prospective adjustment is being calculated.
(8) “Adjusted specialty metal material cost” is the base specialty material cost, adjusted as specified in paragraph (c)(2) on a prospective basis.
(9) “Non-specialty metals base price” is the base unit price for a CLIN minus the base specialty metal material cost for that CLIN.
(10) “Adjusted CLIN unit price” is sum of the adjusted specialty metal material unit cost and the non-specialty metals unit price rounded to four decimal places.
(c) ADJUSTMENTS.
(1) Promptly following publication of the market price indicator(s) for the month specified in paragraph (b)(5) of the current adjustment period, the Contracting Officer shall calculate the adjusted specialty metal material price(s) and adjusted contract line item unit price(s), and modify the contract accordingly to incorporate CLIN prices that will be applicable to new orders issued during the next adjustment period.
(2) CALCULATIONS. All calculations shall be rounded to four decimal places. On the month prior to the beginning of the next adjustment period, the price adjustment(s) shall be calculated as follows:
(A) Compute the adjusting market price indicator (AMPI) for a CLIN, i.e., the arithmetic average of prices published for the indicator(s) shown in Column (5) of the TABLE for such CLIN, for the three month period preceding the current month.
(B) Using the base market price indicator (BMPI) (Column (6) of TABLE and the adjusting market price indicator (AMPI) computed per (A) above, calculate the market price indicator percentage change as follows:
AMPI – BMPI = ± market price indicator change percentage (MPIC %)
BMPI
(C) Use the base specialty metal(s) cost (BSMC $) (Column (4) of the TABLE) and the MPIC % ((B) above) to calculate the new adjusted specialty metals price as follows:
BSMC $ x MPIC % = ± specialty metal price change (SMPC)($)
± SMPC + BSMC = adjusted specialty metal cost per CLIN Material Price
Note: If more than one specialty metal is included in the TABLE for a CLIN, the SMPC is calculated for each using the former of the above two formulas and the change for each (increase or decrease) added to the BSMC to calculate the adjusted specialty metal cost per CLIN (vice the latter formula above.)
(D) Determine the adjusted contract line item unit price by adding the adjusted specialty metal(s) cost(s) to the non-specialty metals portion of the CLIN price.
(3) MODIFICATIONS. Price adjustments under this clause shall be effected by contract modification showing the base unit price(s), calculation of the adjusting market price(s), the base contract line item unit price, and the calculations used to arrive at the adjusted contract line item unit price(s).
(4) INVOICES. The prices invoiced and payable under this contract shall be based on the unit price(s) in the contract on the date the order is awarded.
(5) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause of this contract.
(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT.
(i) The Contractor agrees that the total increase in any specialty metal material cost pursuant to these economic price adjustment provisions shall not exceed ___% (percent) of the original material cost in any applicable contract year (whether a single year or multiyear program), except as provided hereafter.
(ii) If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.
(iii) If an actual increase in the indicator would raise a contract unit price for an item above the current ceiling, the Contracting Officer may issue a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.
(7) REVISION OF MARKET PRICE INDICATOR. In the event –
(i) Any applicable market price indicator is discontinued or its method of derivation is altered substantially; or
(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions,
the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.
(d) FINAL INVOICE. The Contractor shall include a statement on the final invoice under (1) the basic contract and under (2) each option period, that the amounts invoiced during the period have applied all adjustments required by this clause.
(e) DISPUTES. Any dispute arising under this clause shall be determined in accordance with and subject to the “Disputes” clause of the contract.
(f) TABLE. The offeror shall complete columns (1) through (4) in the TABLE which follows, for all items containing specialty metals subject to adjustment under this clause (see paragraph (a)(2)). The offeror shall include with its offer adequate data to support derivation of the dollar value of specified material in the base unit price subject to adjustment (column (4)). Data supplied shall, at a minimum, provide an informal cost breakdown reflecting the current raw material cost, the specialty metal specification and the quantity of material per contract line item unit price.
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
CLIN Subject to Adjustment |
Specialty Metal Subject to Adjustment |
Specialty Metal Amount per CLIN Unit of Issue |
Base Specialty Metals Cost (see paragraph (b)(5)) in CLIN Base Unit Price |
Specialty Metals Market price indicator identification and/or Name |
Base Market Price Indicator (see paragraph (b)(4)) |
SAMPLE CLIN 0000 |
Titanium TT35 |
2 lb |
$30 |
Platts US SG INGOT Producer |
$14.10/lb |
(End of Clause)
Paragraph (b)(5) – Buyer fill-in of frequency of adjustment period (quarterly, semi-annually or annually).
Paragraph (c)(7)(i) – Buyer fill-in of EPA ceiling percentage. Unless approved by the Chief of the Contracting Office, the ceiling shall be no more than 10%.
Table (f) columns (1) though (4) are vendor fill-ins, column (5) is a buyer fill-in.
Use with Clause 52.217-9001 if contract will include options.
52.216-9006 Addition/Deletion of Items.
As prescribed in 16.506(90), insert the following clause:
ADDITION/DELETION OF ITEMS (AUG 2005)- DLAD
(a) The Government reserves the right to unilaterally delete items that were available from only one manufacturer at the time of award if an alternate source of supply becomes available or the Government’s requirements are modified to provide for full and open competition. The Government will provide a 30 day advance notice to the contractor prior to deleting any item from the contract.
(b) New items may be added to the contract through bilateral modification with negotiated prices. All new requirements are subject to synopsis prior to addition to the contract.
(c) Discontinued Items:
(1) The contractor agrees to provide the Government with immediate, written notification when an item is to be discontinued by the manufacturer, including a recommendation for any potential substitute or replacement items. If the Government elects to include a substitute or replacement item in the contract, the contract will be modified accordingly.
(2) If an item is discontinued without replacement, the notice should include a recommendation concerning the availability of items that are comparable in form, fit, and function. The contractor shall not incur any costs related to alternate sources of supply without the express written approval of the Contracting Officer. The Government has the option to make a last time order, or series of orders, within 30 days after receiving written notification of the discontinued item after which the item will be deleted from the contract. The contractor shall honor any last time order unless it is returned to the ordering office within 10 days after issuance, with written notice stating the full quantity is not available for shipment. The terms of such order(s) will be negotiated by the parties, including changes to the delivery schedule and maximum quantity available for shipment.
(End of clause)
CONTRACT AND DELIVERY ORDER LIMITATIONS (Jul 2006)- DLAD
[ ] (a) Delivery orders will specify delivery no less than ______________ days from the date of order. Changes or cancellations to delivery orders may be made by giving the contractor notice no less than ___ days [remembering that days are always calendar days unless otherwise defined] before the required delivery date.
(b) Maximum Contract Limitation. The maximum quantity or maximum dollar value that may be ordered against this contract is _______________.
(c) Guaranteed Minimum.
(1) The Government guarantees that it will order under this contract (and under the contract awarded for any partial set-aside) the following minimum, as applicable:
[ ] (i) Base period of one year.
______ (Quantity)
______ (Percentage of the annual estimated quantity or dollar value)
[ ] (ii) Base period of two or more years.
______ (Quantity) multiplied by ______.
______ (Percentage) multiplied by ______.
[ ] (iii) The following minimum quantities within the time periods prescribed (QTR represents a three-month period computed from date of award):
CLIN |
FIRST QTR |
SECOND QTR |
THIRD QTR |
FOURTH QTR |
____________ |
_________ |
____________ |
__________ |
____________ |
[ ] (iv) The contractor will not be obligated to honor any order with F.O.B. Destination terms that requires delivery to a single destination of a quantity less than that shown below:
CLIN |
MINIMUM QUANTITY PER DESTINATION |
________________ |
__________________________________ |
(2) The Government may fulfill the guarantee by a single delivery order or by any number of delivery orders subject to the minimum per order specified in the clause Order Limitations, FAR 52.216-19 (a). The maximum quantity per order does not apply until after the guaranteed minimum is satisfied.
(3) In the event that a single delivery order includes both items that are within the guaranteed minimum and items in excess of the guaranteed minimum, the maximum delivery order limitations in FAR 52.216-19 (b) shall apply, and the Contractor shall be governed by the notice requirement of FAR 52.216-19 (d).
(4) The total of the delivery orders issued during the base contract period will apply to the minimum guarantee stated in this paragraph (c). The Government’s obligations with regard to the guarantee will be satisfied when the total of the delivery orders equals or exceeds the guaranteed quantity or guaranteed dollar value, as applicable.
(d) If this is an Invitation for Bids (IFB) and the Government elects to award a different quantity than that solicited or bid upon, the delivery schedule will be changed in direct proportion to the change in quantity. If this solicitation involves a partial set-aside, the Government will consider each destination (or combined destinations) separately in awarding the set-aside portion. The destination(s) appearing on page(s)______________ is (are) the non set-side portion.
(End of clause)
52.216-9008 Offeror’s Quantity Limitations.
As prescribed in 16.506(91)(b), insert the following clause:
OFFEROR’S QUANTITY LIMITATIONS (Jul 2006) – DLAD
An offer may be restricted by completing the following section, however such conditional offers may not be acceptable. Stating no restriction, either below or elsewhere in the offer, is express authorization to accept award of the total quantity offered or any part thereof.
[ ] 100% of all items offered or none.
[ ] Clearly describe other restrictions, if any, under which the offer is submitted.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
(End of clause)
CLIN(s) |
QUANTITY |
CLIN(s) |
QUANTITY |
_______ |
__________ |
_______ |
__________ |
_______ |
__________ |
_______ |
__________ |
b. In the event that this solicitation provides for a partial set-aside, the estimated total quantity for the set-aside portion is as provided in the clause entitled "Set-Aside Portion" located in Section I of the solicitation.
NOTE: It is anticipated that the quantities listed will remain constant for any additional option periods as provided elsewhere in this contract.
(End of clause)
52.216-9010 Contract Quantity Limitations.
As prescribed in 16.506 (91)(c)(2), insert the following clause:
CONTRACT QUANTITY LIMITATIONS (Jul 2006) – DLAD
[ ] (a) The quantity limitations on any contract resulting from this solicitation are as follows during the contract period*:
(1) Minimum Quantity or Dollar Amount: ____________
(2) Maximum Quantity or Dollar Amount: ____________
The Government is obligated to order only the minimum quantity or dollar figure stated above.
If this solicitation provides for a partial Small Business set-aside and the resulting award is made to a contractor receiving the set-aside and non set-aside portion, the quantities specified above for both minimum and maximum will be doubled.
[ ] (b) MULTIPLE NSNs: The NSNs or NSN groups cited in the solicitation may be split (with one or more NSNs awarded to one contractor, one or more to another contractor or contractors) after evaluation of offers. If there are split awards, the contract minimum for each contract during the contract period* will become the total of the minimum(s) for the NSNs awarded to each offeror The resulting contract minimum applies to the entire range of items awarded and does not guarantee that the Government will purchase any particular quantity or dollar amount of any individual NSN awarded.
The contract minimum will be $_______________, which is the total of the minimum estimates for all NSNs. The minimum estimate for each NSN is calculated;
( ) (1) as ________ per cent of the estimated annual demand value for each item, or
( ) (2) as specified below for each NSN or NSN group
NSN |
MINIMUM QUANTITY OR DOLLAR VALUE |
The contract maximum during the contract period* will be $_____________________.
[ ] (c) MULTIPLE AWARDS – The Government anticipates making multiple awards (awards for the same NSNs) as a result of this solicitation. If multiple awards are made, the contract minimum for each award during the contract period* will be a proportion of the overall minimum cited below. For example, if two awards are made the Government is obligated to purchase half of the minimum from each awardee. Regardless of the number of awards made under this solicitation, the Government may order, and each awardee is obligated to deliver, up to the maximum cited below:
The contract minimum will be $______________________, which is the total of the minimum estimates for all NSNs. The minimum estimate for each NSN is calculated:
( ) (1) as ________ per cent of the estimated annual demand value for each item, or
( ) (2) as specified below for each NSN or NSN group
NSN |
MINIMUM QUANTITY OR DOLLAR VALUE |
The contract maximum during the contract period* will be $ _____________________.
*NOTE:
( ) Contract period as defined in this clause means the extended contract shall be inclusive of any/all option periods.
( ) Contract period as defined in this clause means a separate contract period for the initial basic and each option period.
(End of Clause)
52.216-9011 Economic Price Adjustment – DoD Electronic Mall (EMALL)
As prescribed in 16.203-4(92)(a)(1)(90)(i), insert the following clause:
ECONOMIC PRICE ADJUSTMENT – DOD ELECTRONIC MALL (EMALL) (JUL 2006) – DLAD
(a) The Contractor warrants that the unit prices offered are and shall remain --
(1) the established prices for the same commercial items sold in substantial quantities to the general public as reflected in published catalogs and/or price lists; and
(2) as low or lower than prices being offered to its most preferred customers for like quantities of the same items under comparable terms and conditions.
(b) Price Changes.
(1) Decreases: The Contractor may decrease prices without limitation and without prior notification to the Contracting Officer.
(2) Increases: The Contractor shall notify the Contracting Officer in writing 30 days prior to the effective date of any price increase.
(i) The Contractor is limited to annual price increases not exceeding 5% cumulatively per item.
(ii) Any increase exceeding 5% in an annual period, whether individual or cumulative, is subject to the Contracting Officer’s approval and requires modification of the contract. The Contractor shall provide supporting data, including verifiable catalog or published list prices, corresponding increases in cost, discount structure, or any other information deemed appropriate by the Contracting Officer. Increases in commercial catalogs or published price lists do not automatically authorize corresponding increases in contract prices.
(iii) Price increases shall not apply to orders placed prior to approval of the price increase.
(iv) Within 30 days after receipt of the Contractor’s written notification, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the increase.
(c) Any dispute under this clause shall be resolved in accordance with the Disputes Clause of this contract.
(End of clause)
52.216-9012 ECONOMIC PRICE ADJUSTMENT (EPA) For UGR - A COMPONENTS – ACTUAL MATERIAL COSTS (APRIL 2007 SUBSISTENCE)
Pursuant to FAR 16.203-4(c) and DLAD 16.203-4(c)(90)(2) insert the following clause:
(a) WARRANTIES. The Contractor warrants that---
(1) distribution prices covered by this contract do not include allowances for any portion of the contingency covered by this clause; and
(2) all prices invoiced under this contract shall be computed in accordance with the provisions of this clause.
(b) DEFINITIONS. As used throughout this clause, the term:
(1) “Contract unit price” means the total fixed price per unit charged to DSCP for a product delivered to DSCP’s customers. The contract unit price consists of two parts: Total Components price and Distribution price. The sum of these two prices shall be rounded up or down as applicable, (based on the rule of 5 or over to round up) to two (2) places to the right of the decimal point to calculate the contract unit price. Only the delivered price component of the contract unit price is subject to adjustment under this clause.
(2) “Total components price” means the total cost to the Contractor for all the food and disposable component items of the ration module, which is calculated by summing the total individual costs to the Contractor of each food and disposable component item in the ration module. The total cost to the Contractor for each ration component is calculated as the net unit price charged to the Contractor for that component, multiplied by the quantity of units per ration module. The net unit price for each component is the price paid by the Contractor to its supplier(s) for delivery of the component product to its distribution/assembly location (often called the “delivered price” or “landed cost”), taking into account any product discounts or rebates offered by the suppliers. The most recent vendor’s invoice price for a ration component should usually meet this definition as the net unit price for the component. The following table gives an example of how to calculate the Total Components price:
LUNCH/DINNER MENU 1 PERISHABLE - 8970-01-525-6813 - Chicken Parmesan | ||||||
Net |
Net Unit |
Case |
Qty/ |
Units/ |
Component | |
Menu Item |
Unit |
Price |
Pack |
Ration |
Ration |
$ / Ration |
Chicken Parmesan |
CS |
$22.45 |
50 PC |
50 PC |
50/50 |
$22.45 |
Sauce |
CS |
$4.25 |
6 CN |
3 CN |
3/6 |
$2.13 |
Lemon Cake |
CS |
$5.17 |
8 EA |
2 EA |
2/8 |
$1.29 |
Total Components Price |
$25.87 |
(3) “Distribution price” means the firm fixed price portion of the contract unit price, offered as a dollar amount per unit of issue, which represents all the elements of the contract price other than the total components price. The distribution price typically covers the Contractor’s projected general and administrative expenses, overhead, packaging costs, transportation costs from the contractor’s distribution/assembly point, and any other projected expenses associated with delivery to DSCP’s customers, plus profit. This price shall remain constant for the complete term of the contract period then in effect. Distribution prices shall be formatted to two (2) places to the right of the decimal point, for example, $4.50 per semi-perishable ration module.
(4) “Ordering catalog” means the listing of contract ration modules to be delivered to Government customers, and their corresponding contract unit prices available for ordering under this contract.
(5) “Ordering week” means the 7-day week, from Sunday at 12:01 AM through the following Saturday until midnight Eastern Time (ET, standard or daylight as applicable), during which the Government place orders for UGR-A modules to the Contractor.
(c) PRICE ADJUSTMENTS.
(1) General.
(A) All ordering catalog prices shall be fixed and remain unchanged until changed pursuant to this clause or other applicable provision of the contract. If the Contractor’s applicable total components price of a ration component(s) changes (i.e. increase or decrease) after the contract date, the corresponding contract unit price may be increased, or shall be decreased, by the same amount. The price change shall be effective at the beginning of the next ordering week. All ordering catalog unit prices computed in accordance with this clause and in effect when an order is placed shall remain in effect for that order through delivery. DSCP will be charged the contract unit price at time of each order regardless of any changes in the unit price occurring in any subsequent ordering week. In the event the Contractor finds a price recorded in the ordering catalog was not computed in accordance with this clause, and the error resulted in a higher contract unit price, than would have applied if this clause had been correctly applied, the Contractor shall immediately notify the Contracting Officer in writing and promptly thereafter submit a refund proposal. The posting of updated prices in the ordering catalog, calculated in accordance with this clause, constitutes a modification to this contract. No further contract modification is required to effect the change.
(B) The Contractor shall submit a request weekly for approval of price changes and for the retention of current prices, no later than Thursday, 1:00 PM ET to be effective in the following ordering week’s ordering catalog prices. The Contractor shall notify the Contracting Officer of its request in the form of an EDI 832 transaction set or via an update to the USDA web-ordering tool, as applicable. The notice shall include the Contractor’s adjustment in the total components price component of the applicable contract unit price.
(C) The Contracting Officer may at any time require the submission of supporting data to substantiate any requested price change or the requested continuation of the pre-existing price for any item, including prices applicable to prior ordering weeks. Upon notice from the Contracting Officer that supporting data is required, the Contractor shall immediately furnish to the Government all supporting data, including but not limited to, invoices, quotes, price lists and any other substantiating information requested by the Contracting Officer.
(D) The Contracting Officer may reject any price change or request to maintain a current price for any item, to the extent such price is found not to be representative of the Contractor’s current total components price.
(E) Should the Contracting Officer determine that a price change request contained an erroneous unit price or price change, the Contracting Officer may direct that the contract unit price be set at the amount determined by the Contracting Officer to reflect the accurate Total Components price. If the accurate price is lower than the erroneous price or price change, then the contractor shall promptly thereafter submit a refund proposal.
(F) If the Contracting Officer does not notify the Contractor by Friday, 12:30 PM ET that a price or a price change request is being questioned or has been found to be erroneous, the requested contract unit price change(s) will be incorporated in the ordering catalog to be effective with the beginning of the following ordering week. Price change requests that the Contracting Officer questions or finds to be inconsistent with the requirements of this clause shall not be posted until the Contracting Officer specifically authorizes the posting.
(G) For all proposed prices that were not correctly entered in time into the ordering catalog for the following week, or were identified following the commencement of the applicable ordering week, and for any excessive prices found in prior ordering catalogs, that resulted in incorrectly higher contract unit prices, the Contractor shall promptly refund the difference between the correct amount and the incorrect amount to the Government, whether identified by the Contractor or by the Contracting Officer.
(H) As an example, the following illustrates a request for a contract unit price change for Lunch/Dinner Perishable Menu 1:
Price Effective for Ordering Week 13-19 Aug 2006
LUNCH/DINNER MENU 1 PERISHABLE - 8970-01-525-6813 - Chicken Parmesan | ||||||
Net |
Net Unit |
Case |
Qty/ |
Units/ |
Component | |
Menu Item |
Unit |
Price |
Pack |
Ration |
Ration |
$ / Ration |
Chicken Parmesan |
CS |
$22.45 |
50 PC |
50 PC |
50/50 |
$22.45 |
Sauce |
CS |
$4.25 |
6 CN |
3 CN |
3/6 |
$2.13 |
Lemon Cake |
CS |
$5.17 |
8 EA |
2 EA |
2/8 |
$1.29 |
Total Components Price |
$25.87 | |||||
Distribution Price |
$4.25 | |||||
Contract Unit Price |
$30.12 |
On 15 Aug 2006, the Contractor has received a new delivery of Chicken Parmesan at $21.50 per case, and Lemon Cake at a delivered price of $5.30 per case. The Contractor would request a contract unit price change as follows (requested changes in bold):
Net |
Net Unit |
Case |
Qty/ |
Units/ |
Component | |
Menu Item |
Unit |
Price |
Pack |
Ration |
Ration |
$ / Ration |
Chicken Parmesan |
CS |
$21.50 |
50 PC |
50 PC |
50/50 |
$21.50 |
Sauce |
CS |
$4.25 |
6 CN |
3 CN |
3/6 |
$2.13 |
Lemon Cake |
CS |
$5.30 |
8 EA |
2 EA |
2/8 |
$1.33 |
Total Components Price |
$24.96 | |||||
Distribution Price |
$4.25 | |||||
Contract Unit Price |
$29.21 |
(2) Limitations. All adjustments under this clause shall be limited to the effect on contract unit prices of actual increases or decreases in the net unit prices for material. There shall be no upward adjustment for—
(A) Production cost increases incurred by the Contractor
(B) Changes in the quantities of material.
(d) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The aggregate of contract unit price increases for each item under this clause during any single performance period (base or option period) shall not exceed 10 percent (%) of the initial contract unit price in such performance period except as provided hereafter. There is no downward limitation on the aggregated percentage of decreases that may be made under this clause.
(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, or in the event the latest actual cost for an item would exceed the allowable ceiling price under the contract, then the Contractor shall immediately notify the Contracting Officer in writing of the facts and circumstances. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of the remaining contract performance period, along with appropriate explanation and documentation as required by the Contracting Officer.
(2) If an actual increase in the component delivered prices would raise a contract unit price for an item above the current ceiling, the Contracting Officer may issue a contract modification to establish a separate price increase limit for the item for the remainder of the current performance period. If the contract ceiling will not be raised, or raised sufficiently, to enable continued ordering of the item, the Contracting Officer shall so promptly notify the Contractor in writing.
(e) EXAMINATION OF RECORDS.
The Contracting Officer or designated representative shall have the right to examine the Contractor’s books, records, documents and other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause. Such examination may occur during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.703 of the Federal Acquisition Regulation (FAR), whichever is earlier.
(f) FINAL INVOICE. The Contractor shall include a statement on the final invoice under the basic contract and any option period that the amounts invoiced hereunder have applied all decreases required by this clause.
(g) DISPUTES. Any dispute arising under this clause shall be determined in accordance with the “Disputes” clause of the contract.
(End of clause)
52.217-9000 Data pricing, evaluation, and award.
As prescribed in 17.7692, insert the following provision:
EVALUATION AND AWARD (OCT 1982) - DLAD
(a) If the offeror does not indicate a charge for data, the Government will consider and the offeror agrees that the data charge is included in the price of the end item. The Government reserves the right to waive one or more data CLINs in evaluating each offer and in awarding the contract, as the best interests of the Government may require. Each offer will be evaluated on the basis of only those data CLINs required of that offeror.
(b) Separate awards will not be made for data CLINs.
(End of provision)
52.217-9001 Option to extend the term of the contract - separate firm fixed price & fixed price with economic price adjustment portions.
Pursuant to 17.203(d), insert the following or similar clause:
OPTION TO EXTEND THE TERM OF THE CONTRACT - SEPARATE FIRM FIXED PRICE & FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT PORTIONS (JULY 1996) DLAD
(a) The Government may extend the term of this contract by written notice to the contractor no later than ____ days prior to the expiration of the contract; provided, that the Government shall give the contractor a preliminary written notice of its intent to extend at least ____ days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision. Each exercise of this option, if any, will extend the term of this contract by [number of months, weeks, etc]. The total duration of this contract, including the exercise of any options under this clause, shall not exceed [number of months, weeks, etc].
(c) The offeror agrees to furnish during the option period those items cited in the schedule that are subject to economic price adjustment (EPA), at unit prices made up of two portions:
(1) a portion applicable to the purchase costs of the specific material subject to the EPA, at the dollar value per unit in the award, modified by any adjustment under the EPA of this clause contract, and
(2) the (remaining) firm fixed price portion of the price for the same contract line item, using the applicable amount for each option period [Note] .
(End of Clause)
(Note) Insert herein either:
(1) the words "using the applicable amount cited in the schedule", or (when the contracting officer decides that circumstances warrant, e.g., the award will cover only one or several items),
(2) the additional wording and table quoted below, or similar wording (in lieu of using the provision at 52.214-9001 not only for the basic performance period, but also to identify in the schedule, the firm fixed price portion of the price for each option line item).
"as follows:
ITEM OPTION OPTION OPTION OPTION
NUMBER PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4"
52.217-9002 Conditions for Evaluation and Acceptance of Offers for Part Numbered Items.
As prescribed in 17.7501(b)(3), insert the following provision:
CONDITIONS FOR EVALUATION AND ACCEPTANCE OF OFFERS FOR PART NUMBERED ITEMS
(Jan 2008) - DLAD
(a) The product described in the acquisition identification description (AID) of this solicitation is that product which the Government has determined to be acceptable. All Offerors shall indicate below, or through an alternative means in an electronic quoting system, whether they are offering an “exact product,” an “alternate product” (which includes a “previously reverse-engineered product”), a “superceding part number,” or a “previously-approved product;” and shall furnish the data required for whichever is applicable. (To determine which type of product to indicate, Offerors must refer to the criteria in subparagraphs (b)-(e) of this provision, respectively.) Any product offered must be either a product cited in the AID; or be physically, mechanically, electrically, and functionally interchangeable with a product cited in the AID, including additional requirements referred to in the AID, if any.
o Exact Product – Applies to CLIN(s): . . . . . . . . . . . . . . . . . . . . . . . . . . .
o Alternate/Previously Reverse-Engineered Product – Applies to CLIN(s):
o Superceding Part Number – Applies to CLIN(s): . . . . . . . . . . . . . . . . . .
o Previously-Approved Product – Applies to CLIN(s): . . . . . . . . . . . . . . . .
(b) “Exact product.”
(1) “Exact product” means a product described by the name of an approved source and its corresponding part number, as currently cited in the AID; modified (if necessary) to conform to any additional requirements set forth in the AID; and manufactured by, or under the direction of, that approved source. If an Offeror indicates that an “exact product” is being offered, the Offeror must meet one of the descriptions in subparagraphs (i)-(iv) below. (Any Offeror not meeting one of these descriptions is not considered to be offering “exact product;” even though the item may be manufactured in accordance with the drawings and/or specifications of an approved source currently cited in the AID.) For any Offeror other than the manufacturer cited in the AID, the Contracting Officer may request evidence to demonstrate technical acceptability of the supplies offered. Evidence requested will generally include information tracing the supplies back to the original equipment manufacturer or its authorized distributor. At a minimum, evidence must be sufficient to establish the identity of the product and its manufacturing source. The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If an Offeror fails to provide the requested evidence/information or provides information that the Contracting Officer finds unacceptable, its offer may be rejected without further consideration under this solicitation.
(i) An approved source currently cited in the AID offering its corresponding part number as cited in the AID;
(ii) A dealer/distributor offering the product of an approved source that meets the description in subparagraph (i) above;
(iii) A manufacturer who (A) produces the offered item under the direction of an approved source currently cited in the AID; and (B) has authorization from that approved source to manufacture the item, identify it as that approved source’s name and part number, and sell the item directly to the Government. If requested by the Contracting Officer, the Offeror must provide documentation to demonstrate such authorization, or other evidence of technical acceptability such as information that traces the supplies back to the original equipment manufacturer. Such evidence could be documentation obtained directly from the approved source or identification on a Web site maintained by the approved source confirming that the manufacturer is an acceptable source for the item identified by that approved source’s name and part number. If evidence cannot be obtained directly from the approved source, this does not necessarily preclude acceptance of the offer, if the Offeror provides adequate documentation or other evidence allowing the Contracting Officer to determine the approved source has oversight of and involvement in the manufacturing process.
(iv) A dealer/distributor offering the product of a manufacturer that meets the description in subparagraph (iii) above. If requested by the Contracting Officer, the Offeror/Contractor must provide documentation that demonstrates such authorization or other evidence of technical acceptability such as information that traces the supplies back to the original equipment manufacturer or its authorized distributor. Such evidence could be documentation obtained directly from the approved source or identification on a Web site maintained by the approved source confirming that the item being offered is produced by a manufacturer that is an acceptable source for the item identified by that approved source’s name and part number. If evidence cannot be obtained directly from the approved source or manufacturing source, this does not necessarily preclude acceptance of the offer, if the contracting officer can adequately document that the approved source has oversight of and involvement in the manufacturing process by other means.
(2) When the AID identifies the item being acquired as a critical safety item (CSI), offers of exact product will be evaluated in accordance with 52.211-9005.
(c) “Alternate product.”
(1) The Offeror must indicate that an “alternate product” is being offered if the Offeror is any one of the following:
(i) An Offeror who (A) manufactures the item for an approved source currently cited in the AID; and (B) does not have authorization from that approved source to manufacture the item, identify it as the approved source part number, and sell the item directly to the Government;
(ii) A dealer/distributor offering the product of a manufacturer that meets the description in subparagraph (i) above;
(iii) An Offeror of a previously reverse-engineered product that is not currently cited in the AID; or
(iv) Any other Offeror who does not meet the criteria in subparagraphs (b)(1), (d), or (e) of this provision.
(2) If an alternate product is offered, the Offeror shall furnish with its offer legible copies of all drawings, specifications, or other data necessary to clearly describe the characteristics and features of the alternate product being offered. Data submitted shall cover design, materials, performance, function, interchangeability, inspection and/or testing criteria, and other characteristics of the offered product. If the offered product is to be manufactured in accordance with data the Offeror has obtained from elsewhere within the Government, the Offeror shall either furnish the detailed data specified in this paragraph, or supply a description of the data package in its possession; i.e., basic data document and revision, the date the data was obtained and from whom (Government agency/activity). If the Offeror does not furnish the detailed data with its offer, the Contracting Officer will be unable to begin evaluation of the offered product until such time as the detailed data can be obtained from the Government agency/activity possessing the data. If the alternate product is a previously reverse-engineered product, the Offeror shall provide: traceability documentation to establish that the offered item represents the item specified in the AID (i.e., invoice from an approved source or submission of samples having markings of an approved source); number of samples that were examined; the process/logic used; raw data (measurements, lab reports, test results) used to prepare drawings or specifications for the offered item; any additional evidence that indicates the reverse-engineered item will function properly in the end item; and any evidence that life cycle/reliability considerations have been analyzed.
(3) In addition, the Offeror may be required to furnish data describing the “exact product” cited in the AID. The data required from the Offeror depends on the level of technical data describing the exact product, if any, available to the Government. The possible levels of technical data the Government may have and the corresponding data submission requirements for Offerors are identified in subparagraphs (a)-(d) below. For the item(s) being acquired under this solicitation, the level of data in the Government’s possession and the corresponding requirements for data submission are identified in the AID; or, if not specified in the AID, are as follows: [buyer insert (a), (b), (c), or (d), as applicable, if AID does not identify]. (If the level of data in the Government’s possession and Offeror requirements for data submission are not identified in either the AID or in this subparagraph (c)(3), then subparagraph (a) below applies.)
(a) No data: This Agency has no data available for evaluating the acceptability of alternate products offered. In addition to the data required in subparagraph (c)(2) of this provision, the Offeror must furnish drawings and other data covering the design, materials, etc., of the exact product cited in the AID, sufficient to establish that the Offeror's product is equal to the product cited in the AID.
(b) Adequate proprietary (i.e., limited rights) data: This Agency possesses adequate drawings and/or specifications for the exact product as cited in the AID, but such data are proprietary (i.e., limited rights) and shall be used only for evaluation purposes. The Offeror must furnish the data required in subparagraph (c)(2) of this provision, but is not required to submit data on the exact product.
(c) Inadequate data: This Agency does not have adequate data available for evaluating the acceptability of alternate products offered. In addition to the data required in subparagraph (c)(2) of this provision, the Offeror must furnish drawings and other data covering the design, materials, etc., of the exact product cited in the AID, sufficient to establish that the Offeror's product is equal to the product cited in the AID.
(d) Adequate catalog data: This is a commercial off-the-shelf item. Adequate catalog data are available at the contracting office to evaluate alternate offers. In addition to the data required in subparagraph (c)(2) of this provision, the Offeror must furnish with its offer a commercially-acceptable cross reference list; or legible copies of all drawings, specifications or other data necessary to clearly describe the characteristics and features of the alternate product being offered, sufficient to establish that the Offeror’s product is equal to the product cited in the AID. The Offeror is not required to submit data on the exact product.
(4) Except for indefinite delivery purchase orders (IDPOs), if this solicitation is automated (i.e., if the solicitation number begins with SPE; or begins with SP0 and contains “T” or “U” in the ninth position of the procurement instrument identification number (PIIN)), the Contracting Officer will not evaluate offers of alternate product (which includes offers of previously reverse-engineered product) for the current procurement. Instead, the Offeror shall submit a request to the location below for evaluation of the alternate product’s technical acceptability for future procurements of the same item. The request for evaluation shall cite the National Stock Number (NSN) of the exact product and, as identified in this provision, include the applicable level of technical data on the alternate and exact products. All offers of alternate product will be handled in accordance with DLAD 17.7501(b)(4).
(i) For solicitation numbers beginning with SPE7 or SPE9; or beginning with SP0 and
containing “T” or “U” in the ninth position of the PIIN:
Defense Supply Center Columbus
Directorate of Procurement
Alternate Offer Monitor, DSCC-BPI
PO Box 3990
Columbus, OH 43218-3990
(ii) For solicitation numbers beginning with SPE4; or beginning with SP0 and
containing “T” or “U” in the ninth position of the PIIN:
Defense Supply Center Richmond
Office of the Competition Advocate
ATTN: DSCR-DU
8000 Jefferson Davis Highway
Richmond, VA 23297-5100
(iii) For solicitation numbers beginning with SPE5; or beginning with SP0 and
containing “T” or “U” in the ninth position of the PIIN:
Defense Supply Center Philadelphia
ATTN: Richard A. Ryons, DSCP-NASA
700 Robbins Avenue
Philadelphia, PA 19111-5096
(d) “Superceding part number.”
(1) The Offeror must indicate that a “superceding part number” is being offered if the offered item otherwise qualifies as an “exact product,” except that the part number cited in the AID has been superceded. The Offeror may be requested to furnish data, or provide confirmation through some other means, sufficient to establish that there are no changes in the configuration of the part. However, if such data are unavailable, the Offeror may be required to furnish technical data as required in paragraph (c) for “alternate products.” (If such data indicate there have been changes in the configuration of the part, the offered item must be identified as an “alternate product.”)
(2) For solicitation numbers beginning with SPE, any data to be furnished with an offer of a “superceding part number” should be mailed to the buyer at the procuring activity address on the solicitation. (Uploading the information with the quotation, or including it in the “Remarks” section, will make the offer a “bid with exception,” causing it not to be evaluated.)
(e) “Previously-approved product.”
(1) If the product offered has previously been furnished to the Government or otherwise previously evaluated and approved, the Offeror shall indicate in the space provided below, or through an alternative means in an electronic quoting system, the contract and/or solicitation number under which the product was furnished or approved.
CLIN NR (s)_______________________have been previously furnished or evaluated and approved under contract/solicitation number ____________________________.
(2) If the product was furnished or evaluated and approved by a contracting activity different from the one issuing this solicitation, Offerors are advised that the Contracting Officer may not have access to records of another activity or other information sufficient to reasonably determine the offered product’s acceptability. Therefore, in order to ensure that adequate data is available for evaluation, Offerors may elect to furnish with their offer the information requested by subparagraph (b) or (c) of this provision, whichever is applicable for the offered product. Offerors are advised that if the additional data is not furnished, the Government may not be able to evaluate the offer. (For solicitation numbers beginning with SPE, the information should be mailed to the buyer at the procuring activity address on the solicitation. Uploading the information with the quotation, or including it in the “Remarks” section, will make the offer a “bid with exception,” causing it not to be evaluated.)
(f) For all types of offers (“exact product,” “alternate product,” “superceding part number,” or “previously-approved product”), Offerors shall provide the Contractor and Government Entity (CAGE) Code of the manufacturer and the part number being offered for each item in the solicitation.
(g) Failure to furnish adequate data and/or information as prescribed in subparagraph (b), (c), (d) or (e) of this provision (when required for the current procurement) within 10 business days or less, or as otherwise required by the Contracting Officer or elsewhere in this solicitation, may preclude consideration of the offer. For automated procurements, it is the responsibility of the Offeror when offering a “superceding part number” or a “previously-approved part number” to ensure that supporting documentation arrives at the contracting activity within 2 business days after the data is requested, or the offer may not be considered. The Agency will make every effort to determine, prior to award, the acceptability of the products offered which meet the dollar savings threshold shown below, and/or which have a reasonable chance to receive an award. Generally, the Agency will not evaluate alternate offers not meeting the dollar threshold. The savings potential is based on the cost of evaluation ($200.00 if only a local technical evaluation is involved, plus an additional $1,500.00 for each required Engineering Support Activity evaluation). If the time before proposed award does not permit evaluation and delay of award would adversely affect the Government, alternate offers will not be considered for the current procurement. Instead, they will be evaluated for technical acceptability for future procurements of the same item, if adequate data is submitted, as stipulated above. When an alternate offer will not be considered for the current procurement, the Contracting Officer may request that the Offeror, at its discretion, provide a sample product for testing and evaluation in addition to the data required in this provision. Although not mandatory, Offerors are encouraged to provide the sample. This may facilitate the post-award evaluation and, if the alternate product is approved, increase the likelihood of its being added to the acquisition identification description in time for the next acquisition of the item.. The Offeror shall not submit a sample product until requested to do so. The testing of the sample product will be done at a testing facility; therefore, the shipping instructions will be provided with the request Unless otherwise specified in the solicitation, samples shall be submitted at no expense to the Government, may be damaged or destroyed during testing, and consequently may not be returned to the offeror; samples that are not damaged or destroyed will be returned only at the Offeror’s request and expense. For alternate offers not evaluated, the Offeror’s complete technical data package will be returned.
(h) If Offerors desire to restrict the Government's use of data submitted for evaluation, the data must bear the appropriate legends as prescribed by FAR 52.215-1(e). In the event an award is made to an Offeror submitting data without the appropriate legend, the Government will have unlimited rights to its use as defined in DFARS 252.227-7013.
(i) It is the Government that determines if the documentation or other evidence furnished by an Offeror is adequate to satisfy the requirements in this provision. The Contracting Officer may at any time, pre-award or post-award, request evidence of the technical acceptability of the supplies offered in response to this solicitation. At a minimum, evidence must be sufficient to establish the identity of the product and its manufacturing source. The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion. If the Contracting Officer requests evidence from a Contractor who received an award resulting from this solicitation and the Contracting Officer subsequently finds the evidence to be unacceptable, or if the Contractor fails to provide the requested evidence, the award may be cancelled.
(End of provision)
52.217-9003 Manufacturing or production information.
As prescribed in 17.7302(f), a provision substantially as follows shall be inserted in negotiated solicitations:
MANUFACTURING OR PRODUCTION INFORMATION (FEB 1996) DLAD
If offers are submitted which fail to provide the actual manufacturing/production source(s) for the item(s) offered, or, if such information is provided but restricted from disclosure (by the inclusion of the FAR 52.215-12 legend or any other proprietary or confidentiality restriction) such offers may be rejected as technically unacceptable. This provision does not apply to commercial items.
(End of provision)
52.217-9004 Reopener Clause - Cost of Specified Direct Materials/Other Direct Cost Item.
The following clause, or as modified, may be used as prescribed in 17.9205:
REOPENER CLAUSE - COST [Note 1] - SPECIFIED [Note 2] ITEM (JAN 1995) - DLAD
(a) At the time the price for this contract was established, the amount of costs anticipated in the performance of this contract could not be established with any reasonable certainty, due to [Note 3] .
(b) To achieve an award in the face of this uncertainty, it was agreed that:
(1) The contract prices for the contract line item numbers (CLINs) designated in (4) below were based in part on [Note 4] ,
(2) The direct cost shown in (1) above was used in determining the amounts identified in (4) below attributable to this contingency, which were included in the contract prices for such CLINs, and which amounts serve as the basis for any price adjustments under this clause.
(3) Within 30 days from [Note 5] , the Contractor shall submit, using SF form 1411, its calculations of the revised CLIN prices identified in (4) below,
(4) Pending such submission, the following contingent amounts for direct costs plus associated indirect costs and profit for the item identified in paragraph (a) were incorporated into the contract unit prices at time of award (basic and any options) for this item:
Amount for Item in
CLIN # CLIN Unit Prices
__________ $ [Note 6]
__________ $ [Note 6]
__________ $ [Note 6]
(c) The Contractor warrants that the CLIN unit prices do not include any other allowance applicable to the cost of the item except as stated in subparagraph (b)(4) above.
(d) Subject to any restrictions of this clause, the price of this contract is subject to adjustment, calculated as exemplified below, at any time during contract performance that the weighted average unit price the Contractor will pay/has paid for the total amount of the item required in the performance of this contract differs from the amount identified in subparagraph (b)(1) above:
(1) Assume:
Weighted average item price/unit
included in contract award
prices (basic + any options) = $1.450000
Actual average item price/unit = $1.305000
Item total amount in CLIN 0001A = $0.200000
Item total amount in CLIN 0001B = $0.210000
(2) Calculate actual item unit price reduction:
($1.450000 - $1.305000) = $0.145000
(3) Calculate percent reduction:
($0.145000/$1.450000) = 10.000000%
(4) Calculate reduction in CLIN unit prices:
CLIN 0001A (10.000000% x $0.200000) = $0.020000
CLIN 0001B (10.000000% x $0.210000) = $0.021000
Note: Numbers in all calculations and results shall be rounded off (if 4 or less) or up (if 5 or more) after the sixth decimal place as shown above.
(e) The Contractor shall obtain the Contracting Officer's approval in writing prior to the award on other than a competitive basis of any subcontract or purchase order for any portion of the contract requirements for the item, based on its submission to the Contracting Officer of:
(1) Cost or pricing data (FAR 15.401), and a Certificate of Current Cost or Pricing Data (FAR 15.406-2) submitted by the prospective Subcontractor and Contractor, unless excepted pursuant to FAR 15.403-1.
(2) The Contractor's analysis of the Subcontractor's proposal,
(3) A memorandum detailing the principal elements, considerations, and results of negotiations of a tentative price with the prospective Subcontractor,
(4) A request for approval of the planned subcontract award.
(f) Promptly upon initial placement and any subsequent revision of subcontracts/purchase orders for the item requirements of this contract, the Contractor shall furnish a copy of such documents to the Contracting Officer, along with its calculation of any initial (downward only) or subsequent (upward or downward) price adjustment required by this clause and any other data required by the Contracting Officer to verify the item cost.
(g) Any initial price adjustment (downward only) is subject to further adjustment (upward or downward) pursuant to paragraph (f) in the event of changes in the total weighted average price actually paid by the Contractor for the quantity of the item required in the performance of this contract, except that in no event shall a weighted average item unit cost exceeding that cited in paragraph (a) be utilized in adjustments pursuant to this clause.
(h) Promptly upon contract completion, the Contractor shall furnish the Contracting Officer a copy of vendor invoices covering the total amount of the item utilized in the performance of this contract, any contract price recalculation required by this clause, and any other data required by the Contracting Officer to verify the final weighted average actual item cost under this contract.
(i) Should the Contractor fail to submit any information required by this clause or if there is no agreement on any adjustment hereunder, the Contracting Officer may make a unilateral determination and modify the contract accordingly. Failure to agree with such change in the contract price shall be resolved in accordance with the Disputes clause of this contract.
(j) The Contractor shall include a statement on the final invoice that all price reductions required by this clause are reflected in the cumulative amount invoiced under this contract.
(End of Clause)
Note 1: The clause as shown is designed to ultimately allow for a downward only adjustment, normally from the Contractor's proposed cost. As such, the word "DECREASE" would be in the clause title. In the event no restriction is to be placed on the direction of the ultimate adjustment, the following changes are required to the clause:
(1) Title--insert "ADJUSTMENT" vice "DECREASE"
(2) Paragraph (f)--delete "(downward only)"
(3) Paragraph (g)--delete "(downward only)" and balance of sentence beginning with "except that."
Note 2: Complete the title with "DIRECT MATERIALS" or "OTHER DIRECT COST" as applicable.
Note 3: Describe the contingency which caused use of the reopener clause, explain why it occurred, and why it can't be resolved before contract award. For example:
(1) The anticipated delay until November 200_ in the Contractor's submission of cost data proposal and evaluation of a planned noncompetitive subcontract for the injector assembly;
(2) The unwillingness of the peanut butter suppliers to furnish firm quotes for deliveries beyond the current 90 day period due to uncertainties in the cost of peanuts arising from the unprecedented drought conditions and resulting shortfall in the peanut crop experienced last year; or,
(3) The potential for a substantial change in the Government's total requirements under this indefinite delivery contract, which determines the incremental premium amount the Contractor must pay for product liability insurance.
Note 4: Enter a description of the item or service to be provided, its unit price and terms, define it for purposes of this clause as "the item," and include a reference as appropriate to allow identification of the source of the price (e.g., the Contractor's request for quote number or purchase order number and date). Sample wording corresponding to the examples in Note 3 are:
(1) A $4.2 million "not to exceed" budgetary estimate, F.O.B. origin, provided in a 14 March 199 response (reference RFQ 1475885) from the sole source supplier of the injector assembly (hereafter referred to as "the item");
(2) An estimated $1.75 per lb cost based on firm 90-day only quotes averaging $1.4500 per lb, F.O.B. origin, submitted in January 200_ by three suppliers RFQ #7979-9101) of peanut butter in 55 gallon drums (hereafter referred to as "the item");
(3) An annual premium of $5.00 per unit for product liability insurance (hereafter referred to as "the Item") from the Contractor's current insurance policy (#895545-501), which is subject to a reduction to $4.75 per unit after the first two million deliveries, and $4.25 after sales of four million units.
(Since a vendor name may be considered to be confidential by the Contractor, it should not be incorporated into a reopener clause or otherwise included in the contract.)
Note 5: Insert an appropriate description of the date for determining when submission of the reopener proposal is required, such as "contract award."
Note 6: Enter the total dollar value/CLIN unit price subject to downward adjustment. These amounts should be reached through preaward discussions/negotiations and agreement with the contractor on how this amount was calculated. It is suggested a schedule of calculations as exemplified below be prepared for each affected CLIN, signed by both parties, and included as an attachment to the price negotiation memorandum. Absent such agreement, calculations supporting the Contracting Officer's interpretation of negotiations should be incorporated. Since such information may be considered confidential by the Contractor, the details should not be incorporated into a reopener clause or otherwise included in the contract:
Contract Price Calculations (CLIN # ):
FY 200 FY 200
Purchase Cost/Unit of the Item (a) $ _____________ $ _____________
Quantity of Item/Unit of CLIN (b) _____________ _____________
Item Cost/Unit of CLIN (a x b) $ _____________ $ _____________
Material Overhead ( % / %) _____________ _____________
Subtotals $ _____________ $ _____________
G & A ( % / %) _____________ _____________
Subtotals $ _____________ $ _____________
Subtotals $ _____________ $ _____________
Profit ( % / %) _____________ _____________
Cost of Money - Material ( % / %) _____________ _____________
Cost of Money - G & A ( % / %) _____________ _____________
Subtotals $ _____________ $ _____________
(each contractor FY)
Total Price/Unit of CLIN $ ________________
(Assumes CLIN overlaps two Fys)
52.217-9005 Reopener clause - pending indirect rates proposal.
The following clause, or as modified, may be used as prescribed in 17.9205:
REOPENER CLAUSE - PENDING INDIRECT RATES PROPOSAL (JAN l995) - DLAD
(a) At the time the price for this contract was established, agreement could not be reached on indirect expense rates due to [Note 1] . However, agreement was reached that [Note 2] of the contract price is subject to adjustment in accordance with the provisions of this clause.
(b) Within 30 days from [Note 3] , the Contractor shall submit an indirect cost rate proposal to the cognizant administrative contracting officer. Simultaneously, the Contractor shall submit a supplemental proposal to the procuring Contracting Officer for purposes of adjusting the contract price and option price, whether or not such option has been exercised. The supplemental proposal shall (1) use the methodology, direct costs, and profit indicated in paragraph (a), (2) be supported by cost or pricing data (FAR 15.401), and a Certificate of Current Cost or Pricing Data (FAR 15.406-2), and (3) include the effect of accounting system changes and contract modifications which may impact the amount of the adjustment. In no event will an upward adjustment result in a finalized contract price which exceeds $ .
(c) If determined necessary by the Contracting Officer, the Contractor agrees to commence negotiations concerning the amount of the adjustment within 30 days after receipt of the supplemental proposal by the Government.
(d) Should the Contractor fail to submit the information in paragraph (b), or should there be no agreement as to the amount of the price adjustment contemplated by this clause, then the Contracting Officer may make a unilateral determination and modify the contract accordingly. Failure to agree with such change in the contract price shall be resolved in accordance with the Disputes clause of this contract.
(e) The Contractor warrants that the contract price does not include any other allowance for the indirect rate contingency except as shown above.
(f) Should information after award indicate the amount developed in paragraph (a) may vary significantly from the finalized price, the contract price shall be adjusted downward or upward, subject to the ceiling in paragraph (b), through negotiation.
(End of Clause)
Note 1: Enter a description of why the reopener clause was included in the contract, such as:
(1) Delay in the Contractor's submission of its revised forward pricing rate proposal for fiscal year 200_;
(2) Delay in agreement on rates for this contract, which represents a substantial portion of the Contractor's business base for fiscal year 200_;
(3) Delay in completion of the mandatory IR&D/B&P advance agreement with the Contractor or agreement on the Contractor's corporate allocation for fiscal year 200_, and a determination of its impact on projected indirect expense rates; or,
(4) The absence of agreement on the impact on projected indirect expense results of a pending review of the Contractor's corporate allocation for fiscal year 200__.
Note 2: Enter the total dollar value subject to downward adjustment. This amount should be reached through discussion and agreement with the Contractor on how this amount was calculated. It is suggested a schedule of calculations as exemplified below be prepared, signed by both parties, and included as an attachment to the price negotiation memorandum. Absent such agreement, calculations supporting the Contracting Officer's interpretation of negotiations should be incorporated. Since such information may be considered confidential by the Contractor, the details should not be incorporated into a reopener clause or otherwise included in the contract:
FY 200_ FY 200_
Indirect Expense Rate Calculations:
Materials Overhead Pool (a) $ __________ $ __________
Materials Base (b) __________ __________
Materials Overhead % __________ __________
Labor Overhead Pool (c) __________ __________
Direct Labor Hours Base (d) __________ __________
Labor Overhead % __________ __________
Other Direct Costs (e) __________ __________
G & A Expenses Pool __________ __________
Total Cost Input Base (a+b+c+d+e) __________ __________
G&A Expenses % __________ __________
Contract Price Calculations (CLIN ):
FY 200_ FY 200_
Direct Materials $ __________ $ __________
Other Direct Costs __________ __________
Material Overhead ( % / %) __________ __________
Direct Labor Hours ( hrs / hrs) __________ __________
Direct Labor Costs __________ ___________
Labor Overhead ( % / % of D.L. Hrs) __________ __________
Subtotals $ __________ $ __________
G & A ( % / %) __________ __________
Subtotals $ __________ $ __________
Profit ( % / %) __________ __________
Cost of Money - Material ( % / %) __________ __________
Cost of Money - G & A ( % / %) __________ __________
Subtotals $ __________ $ __________
(each contractor FY)
Total Price $ _________________
Note 3: Insert an appropriate description of the date for determining when submission of the reopener proposal is required, such as (1) contract award or (2) establishment of the revised forward pricing rate agreement.
(End of Clause)
As prescribed in 17.9308(a), insert the following clause in solicitations and contracts.
Limitations on Surge and Sustainment (S&S) Investments (July 1999) - DLAD
The contractor shall limit investment in surge and sustainment (S&S) materials or other S&S capabilities paid for through DLA’s industrial preparedness funds in the following ways:
(a) These investments can only be made to meet S&S requirements in support of major theatre warfare or smaller scale contingencies). They cannot be made to meet spikes in peacetime demand, nor to meet peacetime level quantities supplied during a contingency.
(b) Investments shall not be made when substitute items or alternate manufacturing processes are available.
(c) Investments must be the most cost-effective means of ensuring S&S capability.
(d) Investments shall be made only for raw materials and partially finished parts needed to provide long lead-time items in shorter time frames. Investments in finished parts or in support of items with short lead-times cannot be made.
(e) Only when the level of DLA and MILSVC (when MILSVC customer base is limited) assets related to the specific customer base served under the contract, and commercial inventories and production capacities in the contractor’s supplier base are insufficient to meet both peacetime and S&S requirements, should S&S investments in materials be made.
(f) Investments shall not be made for MILSVC-managed items.
(g) S&S investments made shall not be used as safety stock (i.e., to meet peacetime spikes in demand).
(h) The contractor shall not access S&S investments for any purpose other than to support the contingencies indicated in paragraph (a), unless such access has been authorized by the Contracting Officer in writing. Offerors/contractors shall describe any desired access to the S&S investments and consideration offered to the government for this access in their S&S proposals/S&S capability reports. However, written approval from the contracting officer must be provided prior to implementing any proposed access.
(End of clause)
52.217-9017 Tailored Logistics Support Purchasing Reviews DLAD 52.217-9017
As prescribed in 17.9508(a), insert the provision/clause in solicitations / contracts.
Tailored Logistics Support Purchasing Reviews DLAD 52.217-9017 (JUN 2006)- DLAD
1. From the commencement of performance of this contract until 3 years after the final contract payment, the Contractor shall allow the Contracting Officer, Administrative Contracting Officer, Defense Contract Management Agency, Defense Contract Audit Agency, 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 shall 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 of this clause to ascertain whether the Contractor has obtained the best value. The Contractor shall seek competition to the maximum extent practicable for all purchases. Contractor purchases of any supplies or services shall solicit a competitive quotation from at least two independently-competing firms. For other than sole source items, the request for quotations shall, to the extent practical, solicit offers from different manufacturers or producers. If the Contractor is unable to obtain quotes for competing items from two or more such independently-competing firms, the Contractor shall retain supporting documentation for its rationale for selection of the suppliers solicited and chosen to supply the items, and for its determination that the price was fair and reasonable. The Contractor is responsible for maintaining this same documentation for all sole source/non-competitive actions. The following price reasonableness and documentation requirements are applicable to all purchases, regardless of dollar value:
a. A price is reasonable if, in its nature and amount, it does not exceed that which would be 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 shall be upon the Contractor to establish that the price is reasonable under the standards in FAR Subpart 15.4 and FAR 31.201-3.
b. The Contractor shall keep the documentation to a minimum, but shall retain data supporting the purchases either by paper or electronically. At a minimum, price quotations and invoices shall be retained. Should the Contractor receive an oral price quotation, the Contractor shall 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 shall 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 shall 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 shall be made for each subcontractor performing work on this contract.
3. When the Contractor is purchasing from subcontractors or other sources and receives a discount or rebates, the Contractor shall 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 shall 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 shall refund to the Government the amount the Contracting Officer determines is in excess of a reasonable price. The Contracting Officer shall notify the Contractor in writing in accordance with FAR 32.610, giving the basis for the determination and the amount to be refunded. The Contractor shall make the refund payment in accordance with directions from the Contracting Officer, and shall 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 shall be handled in accordance with the “Disputes” clause of this contract.
5. At the midpoint of each performance period if the period is a year or less long or annually if the performance period is more than a year, upon receipt of notification from the Contracting Officer of the intent to exercise an option, or if otherwise requested, the Contractor shall provide the Contracting Officer an affirmation in the following form, signed by an authorized representative of the Contractor:
“To the best of my knowledge and belief, during the period beginning ____________ (insert date) and ending_______________(insert date), _______________(insert Contractor’s name) furnished all supplies or services called for by Contract No. _____________ in accordance with all applicable requirements. I further affirm that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and item identification, and are in the quantity required. The items and services were competed or prices are justified as fair and reasonable in accordance with the requirements of ______________(name/number of the clause).”
(End of Clause)
52.219-9001 Set-Asides of Acquisitions of Items Listed in the Schedule of Products Made in Federal Penal and Correctional Institutions.
As prescribed in 19.502-1(b)(90), insert the following provision:
SET-ASIDES OF ACQUISITIONS OF ITEMS LISTED IN THE SCHEDULE OF PRODUCTS MADE IN FEDERAL PENAL AND CORRECTIONAL INSTITUTIONS (JUNE 2002) – DLAD
For items listed on the Schedule of Products Made in Federal Penal and Correctional Institutions, when a comparability determination leads to a competitive acquisition, set-asides may be used. However, notwithstanding the inclusion of any set-aside provision or clause in this solicitation, FPI shall also be permitted to compete for, and could receive award of, the acquisition.
(End of provision)
52.219-9002 DLA Mentoring Business Agreements (MBA) Program.
As prescribed in 19.9007, insert a provision substantially as follows:
DLA MENTORING BUSINESS AGREEMENTS (MBA) PROGRAM (DEC 1997) DLAD
(a) The offeror is invited to participate in a program whereby small, small disadvantaged, and women-owned small businesses are afforded the opportunity (through the offeror's provision of developmental assistance in its capacity as prime contractor) to participate in the DLA procurement process. (The offeror may alternatively propose to mentor a Javits-Wagner-O'Day (JWOD) Act-qualified nonprofit agency.) In order to participate, the offeror shall submit a proposal outlining the assistance already rendered or to be provided to the protege, as well as the kinds of value-added activity the offeror might expect to receive, in return, from the mentored entity. The offeror-mentor may propose to provide the benefit of its managerial expertise, technical capabilities, market knowledge, etc.; the protege will be expected to provide a specialized service or product, or, potentially, admission into its own market. Participation is entirely voluntary.
(b) The Government will evaluate the offeror's proposal for participation in the DLA MBA Program on a comparative basis among all offerors, rather than via establishment of an "acceptable" standard. The factor is an independent element in the overall award decision; the offeror who proposes or demonstrates the most comprehensive plan for tutoring a protege will receive the highest rating for this evaluation factor during the source selection process. The evaluation will assess the offeror's willingness to assist such entities in receiving better market shares, improving their processes, and generally contributing to their viability under long-term contracting arrangements.
(c) The proposal submitted by the successful offeror will be incorporated into its contract with DLA. The successful offeror will be expected to incorporate the salient points of the evaluated proposal into a written agreement (the MBA) with a protege selected by the offeror. The offeror's performance under the proposal will be monitored by the contracting officer and cognizant small business specialists (from the buying activity and/or the Defense Contract Management Agency) during the contract period. This performance will be one factor used to determine placement of orders against multiple-award contracts and/or exercise of options in the contract's follow-on years (as applicable). It will also be used as an independent evaluation factor, and as an element of past performance evaluation, in subsequent source selection decisions.
(End of Provision)
52.219-9003 DLA Mentoring Business Agreements (MBA) Performance.
As prescribed in 19.9007, insert a clause substantially as follows:
DLA MENTORING BUSINESS AGREEMENTS (MBA) PERFORMANCE (DEC 1997) DLAD
(a) The contractor's proposed MBA plan shall become part of this contract upon award. The contractor is hereby obligated, as part of its contractual undertaking, to enter into a written, binding mentoring business agreement with a protege based on and reflective of this plan. Performance under the MBA plan shall be evaluated by the contracting officer, and may become a consideration prior to option exercise for the follow-on years of long-term contracts. MBA plan implementation may also become an independent evaluation factor and/or part of the overall past performance evaluation factor in future source-selection decisions.
(b) The contractor-mentor and its protege(s) shall meet semi-annually with the DLA contracting officer and the small business specialist(s) from the buying activity and/or the DCMA component to review progress/accomplishments under applicable MBA proposals. The contractor is also required to submit periodic progress reports (no less frequently than annually) to the contracting officer regarding proposal fulfillment. Any MBA with a protege that has voluntarily been submitted to the Government shall be compared by the contracting officer to the contractor's proposed plan, hereby incorporated into this contract, to ensure that it adequately reflects the mentor's obligations expressed therein.
(End of clause)
52.219-9004 Small Business Program Representations
As prescribed in 19.307(90), insert the following provision:
SMALL BUSINESS PROGRAM REPRESENTATIONS (JUL 1999) - DLAD
(a) In order to facilitate the use of electronic commerce/electronic data interchange while fulfilling the requirements of the small business program, certain socioeconomic information must be provided in a coded, rather than a fill-in format. Because EC/EDI transactions are often reformatted in transmission, the use of these codes will prevent misinterpretation within the system. The recording of unique codes instead of the traditional “x-in-the-box” form of information entry may also preclude potential mistakes in socioeconomic program reporting.
(b) In order to record the representations and certifications contained in FAR provision 52.219-1, Small Business Program Representations, and in accordance with the definitions found therein, the offeror represents and certifies as a part of its offer that it is a ____________business type. (The offeror shall select the one code from the following listing which represents the offeror’s business type.) The offeror’s recording of its business type herein by means of an alpha code replaces the marking of the appropriate boxes in FAR 52.219-1, paragraph (b). The penalties for misrepresentation of business status still apply; see FAR 52.219-1, paragraph (d)(2).
Code B=Small Business. Enter code B if your firm is a small business concern, as defined in FAR 52.219-1, paragraph (c).
Code M=Small Disadvantaged Business. Enter code M if your firm is a small disadvantaged business concern, as defined in FAR 52.219-23, paragraph (a).
Code U=Woman-Owned Small Disadvantaged Business. Enter code U if your firm is a woman-owned business, as defined in FAR 52.219-1, paragraph (c), and a small disadvantaged business, as defined in FAR 52.219-23, paragraph (a).
Code W=Woman-Owned Small Business. Enter Code W if your firm is a woman-owned small business, as defined in FAR 52.219-1, paragraph (c).
Code A=Large business. Enter code A if your firm is not included in any of the above categories.
(End of Provision)
52.219-9008 Combined HUBZone/Small Business Set-Aside Instructions – Type 1.
As prescribed in 19.508(90)(a), insert the following clause:
COMBINED HUBZone/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 1 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) HUBZone small business concerns (FAR 52.219-3); then, if no qualified quote is received from a HUBZone small business concern at a fair market price, (2) small business concerns (FAR 52.219-6) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraph (b) of 52.219-3) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9009 Combined HUBZone/Small Business Set-Aside Instructions – Type 2.
As prescribed in 19.508(90)(b), insert the following clause:
COMBINED HUBZone/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 2 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) HUBZone small business concerns (FAR 52.219-3); then, if no qualified quote is received from a HUBZone small business concern at a fair market price, (2) small business concerns (FAR 52.219-6 Alternate I) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraph (b) of 52.219-3) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9013 Combined Set-Aside Instructions – Type 1.
As prescribed in 19.508(90)(c), insert the following clause:
COMBINED SET-ASIDE INSTRUCTIONS – TYPE 1 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) Service-disabled veteran-owned small business (SDVOSB) concerns (FAR 52.219-27); then, if no qualified quote is received from an SDVOSB concern at a fair market price, (2) HUBZone small business concerns (FAR 52.219-3); then, if no qualified quote is received from a HUBZone small business concern at a fair market price, (3) small business concerns (FAR 52.219-6) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraphs (b) of 52.219-3 and 52.219-27) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9014 Combined Set-Aside Instructions – Type 2.
As prescribed in 19.508(90)(d), insert the following clause:
COMBINED SET-ASIDE INSTRUCTIONS – TYPE 2 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) Service-disabled veteran-owned small business (SDVOSB) concerns (FAR 52.219-27); then, if no qualified quote is received from a SDVOSB concern at a fair market price, (2) HUBZone small business concerns (FAR 52.219-3); then, if no qualified quote is received from a HUBZone small business concern at a fair market price, (3) small business concerns (FAR 52.219-6, Alternate I) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraphs (b) of 52.219-3 and 52.219-27) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9015 Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions – Type 1.
As prescribed in 19.508(90)(e), insert the following clause:
COMBINED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 1 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) Service-disabled veteran-owned small business (SDVOSB) concerns (FAR 52.219-27); then, if no qualified quote is received from a SDVOSB concern at a fair market price, (2) small business concerns (FAR 52.219-6) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraph (b) of 52.219-27) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9016 Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions – Type 2.
As prescribed in 19.508(90)(f), insert the following clause:
COMBINED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS/SMALL BUSINESS SET-ASIDE INSTRUCTIONS – TYPE 2 (FEB 2006) – DLAD
This solicitation is restricted to small business concerns and Federal Prison Industries (FPI). All small businesses are encouraged to submit quotes; however, award will be made in the following order of set-aside precedence: (1) Service-disabled veteran-owned small business (SDVOSB) concerns (FAR 52.219-27); then, if no qualified quote is received from a SDVOSB concern at a fair market price, (2) small business concerns (FAR 52.219-6, Alternate I) or FPI (FAR 52.219-6, Alternate II). The FAR clauses contained herein (except paragraph (b) of 52.219-27) apply to the solicitation. Only the FAR clause matching the awardee’s Small Business Program and Type representation applies to the award.
(End of clause)
52.219-9017 Small Business Set-Aside Portion – Unequal (Alternate I)
As prescribed in 19.502-3 insert the following provision:
SMALL BUSINESS SET-ASIDE PORTION EQUAL (SEP 2007) – DLAD
This solicitation is for the non-set-aside portion. A portion of this acquisition has been set-aside for small business concerns in accordance with FAR Clause 52.219-7, Notice of Partial Small Business Set-Aside. The item, quantities, destinations and delivery schedule of the portion set-aside for small business concerns are identical to those applicable to the non-set-aside portion shown in this solicitation. Delivery date of the set-aside quantities will be established to allow the same production lead time as that allowed for delivery of the non-set-aside quantities. Incremental deliveries of the set-aside quantities will be made at the same rate as the non-set-aside quantities.
(End of provision)
As prescribed in 19.502-3 replaces 52.219-9017 with the following Alternate:
SMALL BUSINESS SET-ASIDE PORTION UNEQUAL
ALTERNATE I (SEP 2007)
(a) A portion of this acquisition has been set-aside for small business concerns in accordance with FAR Clause 52.219-7, Notice of Partial Small Business Set-Aside. The quantities set-aside for small business concerns are set forth below and are in addition to the quantities advertised herein:
ITEM NUMBER QUANTITY
NOTE: OFFEROR SHALL NOT INSERT PRICES.
(b) Delivery date of the set-aside quantities will be established to allow the same production lead time as that allowed for delivery of the non-set-aside quantities.
Incremental deliveries of the set-aside quantities will be made at the same rate as the non-set-aside quantities.
(End of Provision)
52.222-9000 Davis-Bacon Act - price adjustment.
As prescribed in 22.103-5, the following clause shall be included in contracts for Installation support and maintenance and repair containing option or multiyear provisions:
DAVIS-BACON ACT - PRICE ADJUSTMENT (NOV 1985) - DLAD
(a) The Contractor warrants that the prices set forth in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(b) The minimum prevailing wage determination, including fringe benefits applied to this contract by operation of law or an amendment to the Davis-Bacon Act of March 1931, as amended (40 U.S.C. 267A), current at the beginning of each renewal option period or program year, shall apply to any renewal of this contract.
(c) When, as a result of an increased or decreased wage determination, the Contractor increases or decreases wages or fringe benefits of employees working on this contract to comply therewith, the contract price or contract unit price labor rates will be adjusted to reflect such increases or decreases. Any such adjustments will be limited to increases or decreases in wages or fringe benefits as described above, and the concomitant increases or decreases in social security and unemployment taxes and workmen's compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profits.
(d) The Contractor shall notify the Contracting Officer of any increases claimed under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. In the case of any decrease under this clause, the Contractor shall promptly notify the Contracting Officer of such decrease but nothing herein shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any other relevant data in support thereof, which may reasonably be required by the Contracting Officer. Upon agreement of the parties, the contract price or contract unit price labor rates shall be modified in writing. Pending agreement on, or determination of, any such adjustment and its effective date, the Contractor shall continue performance.
(e) The Contracting Officer or authorized representative shall, until the expiration of 3 years after final payment under the contract have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor.
(End of provision)
52.223-9000 Material Safety Data Sheets and Hazard Warning Labels.
As prescribed in 23.303, insert the following clause:
MATERIAL SAFETY DATA SHEETS AND HAZARD WARNING LABELS (MAR 1992)- DLAD
(a)(1) This clause is to be used in conjunction with FAR clause 52.223-3, Hazardous Material Identification and Material Safety Data, and DFARS clause 252.223-7001, Hazard Warning Labels. Material Safety Data Sheets (MSDSs) and Hazard Warning Labels (HWLs) shall be required to be submitted by the apparently successful offeror prior to contract award. Notwithstanding paragraph 4. of the latest Federal Standard (FED-STD) 313, the contractor shall submit MSDSs and accompanying HWLs to the contracting office, rather than directly to the Defense Supply Center Richmond (DSCR). This will satisfy the FED-STD requirement on the part of the contractor.
(2) The MSDS must cite the solicitation number and the applicable CAGE code of the manufacturer, the part number, and, where so identified, the National Stock Number (NSN).
(End of clause)
52.223-9001 Estimate of Re-Refined Oil Content DLAD (Aug 2007)
As prescribed in 23.406-90 insert the following clause:
ESTIMATE OF RE-REFINED OIL CONTENT (Aug 2007) – DLAD
(a) Definitions - As used in this clause:
(1) "Engine lubricating oils" means petroleum-based oils used for reducing friction in engine parts.
(2) "Gear oils" means petroleum-based oils use for lubricating machinery gears.
(3) "Hydraulic fluids" means petroleum-based hydraulic fluids.
(4) "Lubricating oils" means engine lubricating oils, gear oils and hydraulic fluids.
(5) "Re-refined oils" means used oils from which the physical and chemical contaminants acquired through previous use have been removed through a refining process.
(b) The following estimate of re-refined oil content is required under 40 CFR Part 252, Guidelines for Federal Procurement of Lubricating Oils Containing Re-Refined Oil. The offeror is responsible for providing the estimate whether or not the offeror is the actual manufacturer or blender of the lubricating oils. The offeror understands that the estimate is subject to verification by the procuring agency issuing this solicitation and agrees that the offeror or the offeror's supplier will make available for review by the procuring agency the mixing records of the offeror or actual manufacturer or blender, if other than the offeror.
(c) The estimated total percentage of re-refined oil content for the lubricating oils to be supplied under the contract resulting from this solicitation is (vendor shall fill in the percentage)% of the total content of the lubricating oils.
(End of Clause)
52.225-9002 FMS Shipping Instructions
As prescribed in 25.7302-90, insert a clause substantially as follows:
FMS SHIPPING INSTRUCTIONS (June 1998) - DLAD
The Contractor shall contact the transportation officer (TO) at the contracting activity that awarded this contract or placed the order against the contract, unless contract administration responsibilities were assigned to an office other than contracting activity that awarded the contract, for shipping instructions prior to shipment. For contracts administered by the Defense Contract Management Agency (DCMA), the Contractor must submit a DD 1659, application for U.S. Government Shipping Documentation/
Instructions, to the transportation office for shipping instructions 18 days prior to shipment.
(End of clause)
52.227-9000 Commercial Manuals For Naval Shipboard Use Items
As prescribed in 27.7102-3(a)(91) insert the following clause:
COMMERCIAL MANUALS FOR NAVAL SHIPBOARD USE ITEMS (AUG 2007) - DLAD
CAUTION: Do not submit sample commercial manuals with contract offers. Such samples will not be evaluated prior to award.
(a) Sample Commercial Manual(s)
(1) Submission of Samples
(i) Unless the requirement for submission of sample
commercial manuals is waived under paragraph (a)(2) below, the
Contractor, at no cost to the Government, shall submit five (5)
sample copies of his commercial manual, not later than 90 calendar days
prior to the initial scheduled delivery of equipment under this
contract, to the appropriate address below for review and approval:
Defense Supply Center Richmond
ATTN: DSCR- _____
8000 Jefferson Davis Highway
Richmond, VA 23297-5370
Defense Supply Center Philadelphia
ATTN: DSCP- _____
700 Robbins Avenue
Philadelphia., PA 19111-5096
Manuals are to be prepared in accordance with requirements of the attached DD Form 1423. Sample manuals may be sent via regular mail. The Contracting Officer (CO) or the Contracting Officer's Representative (COR) will notify the Contractor of the acceptance of, or the required corrections to, the sample commercial manual within 60 calendar days after date of receipt.
(ii) In the event corrections are required, the CO will furnish the contractor a notice of required corrections. The Contractor shall submit five (5) copies of the corrected commercial manual for approval within the period specified in the notice of required corrections, but this period shall not be less than 10 working days after the receipt of notice. When the commercial manual can be corrected by the addition of supplemental sheets, the Contractor will be so advised. The CO or COR will furnish the Contractor with the notice of approval of the manual and the numbers assigned to the commercial manual. To facilitate preparation of an acceptable commercial manual, the Contractor may communicate directly with the Technical Representative to secure assistance on problems relating to the manual.
(2) Waiver of Samples
(i) The Government reserves the right to waive the requirement for submission of sample commercial manuals from those offerors offering manuals that have been previously furnished by the offeror and accepted by the Government. Offerors offering previously approved manuals should furnish with the offer evidence of prior Government acceptance in writing in the following format:
PRIOR GOVERNMENT ACCEPTANCE
GOVERNMENT AGENCY
SPECIAL CONTRACT REQUIREMENTS
PREVIOUS COMMERCIAL MANUAL CONTROL NO.
DATE
CONTRACT NO.
MODEL NO.
NATIONAL STOCK NO.
Manual [ ] HAS, [ ] HAS NOT been revised since the manuals last approval.
Equipment [ ] HAS, [ ] HAS NOT been altered, changed, modified or redesigned since last manual approval.
NOTE: IF THE EQUIPMENT OR MANUAL HAS BEEN CHANGED SINCE LAST MANUAL APPROVAL OR GOVERNMENT PROCUREMENT, THEN SAMPLE MANUAL SUBMISSION IS REQUIRED.
(ii) The Contractor shall also furnish to the Government with his request for waiver, five (5) copies of any changes to the previously approved commercial manual.
(iii) If the Contracting Officer determines that a waiver is appropriate, the offered price will be reduced by the value of the number of manuals required on the Commercial Manual Distribution Manual form and evaluated on that basis.
(b) Manual Distribution
(1) The contractor shall furnish with each end item two (2) copies of the approved commercial manual prepared in accordance with the attached DD Form 1423.
(2) Unless submission of the sample manuals is waived, the Contractor shall furnish, on or before initial shipment of production items, copies of the approved commercial manual specified herein to the addresses checked on the attached Commercial Manual Distribution Form in the quantity indicated.
(3) If approval of the manual has not been obtained by the time the end item is ready for shipment, the Contractor shall request permission from the Contracting Officer to pack a copy of his proposed manual for shipment with each unit. Upon receipt of approval of manual, the Contractor will forward one copy of such approved manual to the ultimate consignee of the end item. Shipping address for approved manual will be furnished by Defense Contract Management Agency or the Contracting Officer.
(c) Option for Additional Commercials Manuals
(1) The Government may order by written notice any time after award, but not later than 30 calendar days before final scheduled delivery of end items, additional copies of such manuals, f.o.b. origin, in the quantities and at the unit price set below:
QUANTITY UNIT PRICE
1 - 5 $
6 - 25 $
over 25 $
(2) Failure of an Offeror to quote unit price for the option quantities of manuals will be considered an offer to furnish the option quantities at the unit price for the basic quantity of such manuals.
(3) Delivery of additional copies of manuals ordered shall be not later than 60 calendar days after written notice, unless the parties otherwise agree.
(4) The Offeror may, without affecting the responsiveness of his offer, refuse to give the Government the right to purchases additional commercial manuals, provided that such refusal is set forth in this offer.
(End of clause)
52.227-9001 Evaluation of Offers for Manuals
As prescribed in 27.7102-3(a)(90) insert the following clause:
EVALUATION OF OFFERS FOR MANUALS (AUG 2007) - DLAD
(a) Offers will be evaluated on the basis of furnishing two manuals with each end item. If the offeror fails to indicate a Unit price for manuals, this will be construed to mean that the cost of acceptable manuals, in the quantity required, is included in the offered price for the applicable end item(s) and the offer will be evaluated accordingly. No award for manuals will be made to other than an offeror who receives an award for the end item to which the commercial manual is applicable.
(b) In addition, in the evaluation of offers, the cost of additional manuals for distribution as required by the attached Commercial Manual Distribution Form will be added to each offer, unless a waiver is granted pursuant to the Commercial Manual Clause (Section H).
(End of Clause)
52.227-9002 Data – English Language
As prescribed in 27.409-90 insert the following clause:
DATA – ENGLISH LANGUAGE (AUG 2007) – DLAD
All data required to be submitted pursuant to any clause or requirement of the contract must be in the English language. Also, all correspondence or any other documentation of any kind submitted during the administration of the contract must be in the English language.
(End of Clause)
52.227-9003 In Plant Equipment (IPE) Contract Data Requirements
As prescribed in 27.409-91 insert the following clause:
IN PLANT EQUIPMENT (IPE) CONTRACT DATA REQUIREMENTS (AUG 2007) – DLAD
(a) The Government assumes no responsibility for providing technical data required to accomplish repair, rebuild, and retrofit of machines. Operation and maintenance technical data is normally maintained with IPE items in accordance with existing DoD policy. If such data is with the item it may be used by the Contractor if he so desires, while it is in his possession. This data remains Government property and shall be shipped with the machine at time of completion. The Government does not guarantee the adequacy of such data if used by the Contractor.
(b) The Contracting Officer will notify the Contractor of his approval or disapproval of all contract data submitted in accordance with DD Form 1423 requirements within ____ days after receipt of the required distribution and quantity specified. Notifications of all contract data not approved as submitted shall include the reason therefore and the required corrections. Any work done prior to such approval shall be at the Contractor's risk.
(c) Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such data, nor from responsibility for complying with the requirements of this contract, except with respect to variations expressly described and approved in accordance with the contract data requirements, when applicable. If the Contracting Officer approves any such variation(s), he shall issue an appropriate contract modification, except in cases where the variation is minor and does not involve a change in price or in time of performance.
(d) Additional time required for review and notification of any revised contract data due to Contractor errors or omissions in initial data submittals shall be the responsibility of the Contractor and shall not be considered excusable cause for delay of specified contract performance requirements.
(End of Clause)
52.227-9004 Demilitarization – Small Arm Weapons and Parts and Accessories (Category I – Munitions List Items)
As prescribed in 27.409-92 insert the following clause:
DEMILITARIZATION – SMALL ARMS WEAPONS AND PARTS, AND ACCESSORIES (CATEGORY I – MUNITIONS LIST ITEMS) (AUG 2007) – DLAD
(a) Definitions: "Excess property" means property of the type covered by this contract for which the contractor does not claim or is refused payment including, but not limited to, rejects or overruns. Excess property (whether title to the property is in the Government or not) includes completed or partially completed parts, components, subassemblies and assemblies, end items, and all associated packaging and marking.
(ii) "Significant Military Equipment (SME)" means those articles for which special controls are warranted because of their capacity for military utility or capability.
(iii) "Munitions List Items (MLI)" means those items listed on the U.S. Munitions List. the U.S. Munitions List delineates the articles, services and related technical data designated as defense articles and defense services pursuant to the Arms Export Control Act.
(b) This contract requires the manufacture, assembly, test, maintenance, repair and/or delivery of military/defense items. This clause sets forth the requirements for the demilitarization, and corresponding certification, of excess property under this contract. These requirements are applicable to any contractor/subcontractor who performs work on this contract.
(c) (1) Upon completion of production of this contract, the contractor shall notify the Administrative Contracting Officer (ACO), or his designated representative, in a timely manner so that a Government representative can physically witness the demilitarization of material under this contract. Demilitarization shall be accomplished as prescribed in subparagraph (d) below. The contractor and the Government representative are both required to sign and date the demilitarization certificate (provided below). The certificate shall state that demilitarization has been accomplished, and identify the quantity and items which were demilitarized.
CERTIFICATE
I, __________________________________ (name and title of contractor's employee)am the officer or employee of ___________________________________ (name of company) responsible for assuring demilitarization requirements have been accomplished. I certify that ** (IDENTIFY ITEMS AND QUANTITIES)
** were demilitarized in accordance with instructions provided in contract ________________________ (contract number).
(End of Certificate)
(2) This certificate, along with the final DD Form 250, will be forwarded by the Government QAR to the ACO so that final payment can be made. The ACO will not release the final DD Form 250 for payment to the contractor unless the Demilitarization Certificate has been received. The Demilitarization Certificate received will become part of the contract file.
WARNING: SIGNING A FALSE CERTIFICATE CONSTITUTES A FELONY AND MAY SUBJECT THE INDIVIDUAL TO CRIMINAL PROSECUTION.
(3) To accomplish the certification requirements for subcontractor demilitarization, the contractor is required to follow all procedures of subparagraph (c)(1) above. The subcontractor is responsible for all of the contractor requirements specified, and the contractor is responsible for all of the Government requirements specified. Therefore, the prime contractor must witness the actual demilitarization of material under this contract by the subcontractor, and so certify.
(d) Excess property shall be completely destroyed or mutilated (whichever is prescribed) prior to final payment, as set forth below. Demilitarization is necessary in order that the property will be unusable or nonreclaimable for its original purpose, and to preclude the possibility of reconditioning the property to make saleable as implements of destruction.
(1) The following items are considered to be SME and require total destruction worldwide:
(i) All nonautomatic, semiautomatic, and automatic firearms and other weapons up to and including .50 caliber and all components and parts;
(ii) Shotguns and all components and parts;
(iii) Shoulder fired grenade launchers and all components and parts;
(iv) Man portable rocket launchers and all components and parts;
(v) Individually operated weapons which are portable and/or can be fired without special mounts or firing devices and which have potential use in civil disturbances and are vulnerable to theft and all components and parts;
(vi) Pyrotechnic pistols and other ground signal projectors and all components and parts;
(vii) Rifle grenade launchers and all components and parts;
(viii) Magazines and ammunition clips for items in this category.
(ix) Insurgency or counter-insurgency type firearms or other weapons having a special military application (i.e., close assault weapons systems), regardless of caliber, and all components and parts;
(x) Technical data related to the manufacture or production of any defense article enumerated above.
(2) The following items are considered to be SME accessories and require key point demilitarization worldwide:
(i) Gun mounts (including bipods and tripods). Key points are all attachment points/fittings and moveable joints.
(3) The following items are considered to be MLI accessories and require total or key point destruction worldwide, or as indicated:
(i) Silencers, suppressors and mufflers (total destruction).
(ii) Rifle scopes and all types of telescopic and optical sights including those designated for night sighting and viewing (key point destruction). Key points are attachment points/fittings, lenses, infrared source and as otherwise indicated by the ICA.
(4) The following items are considered to be MLI and do not require demilitarization:
(i) All other technical data (not in subparagraph (d)(1) above) and defense services directly related to any defense article enumerated in this category.
(e) Method and degree of demilitarizations.
(1) For items listed in subparagraph (d)(1) above, the preferred normal method of demilitarization is by torch cutting utilizing a cutting tip that displaces at least ½ inch of metal. All cuts will completely sever the item and be made in accordance with instructions applicable to the items being demilitarized as depicted in appropriate figures in Appendix 7 of DoD 4160.21-M-1, Defense Demilitarization and Trade Security Control Manual. Shearing, crushing, deep water dumping or melting may be utilized when such methods of demilitarization are deemed more cost effective and/or practicable and are authorized by appropriate authority.
(2) Machine Guns will be demilitarized by torch cutting utilizing a cutting tip that displaces at least 1/2 inch of metal or shearing the receiver in a minimum of two places or by crushing in a hydraulic or similar type press. The barrel will be torch cut, sheared or crushed in the chamber area and in two or more places to the extent necessary to prevent restoration. If the shearing or crushing method is used, the trunnion block and side frame must be completely cut through, broken or distorted to preclude restoration to a usable condition.
(3) Receivers shall be demilitarized by torch cutting in a minimum of two places utilizing a cutting tip that displaces at least 1/2 inch of metal or crushed to the extent necessary to preclude restoration to a usable condition.
(4) Bolts and barrels will be demilitarized by torch cutting utilizing a cutting tip that displaces at least 1/2 inch of metal or crushed to the extent necessary to preclude restoration to a usable condition.
(5) Accessories, i.e., silencers and mufflers, rifle grenade launchers, riflescopes and all types of telescopic and optical sights including those designed for night sighting and viewing, and gunmounts (including bipods and tripods) will be demilitarized by breaking, crushing or cutting in a manner which precludes restoration to a usable condition in accordance with instructions applicable to the items being demilitarized as depicted in appropriate figures contained in Appendix 7 of DoD 4160.21-M-1.
(6) Other metallic parts, will be demilitarized by cutting, crushing or melting.
(7) Technical Data, to include any reproduced copies, additional drawings and working papers, will be demilitarized by burning, shredding or pulping.
(f) If demilitarization by melting is authorized and the contractor does not possess the capability to perform this operation, this melting could be accomplished at contractor expense by Rock Island Arsenal. If you desire to use this method, contact Armament and Chemical Acquisition and Logistics Activity, ATTN: AMSTA-AC-PCW-C, Rock Island, IL 61299-7630, for a copy of "Attachment - Demilitarization by Melting/Demilitarization of Surplus Small Arms Weapons and Parts".
(g) The requirements of this clause shall apply to any packaging of Government property and excess property containing nonremovable markings required exclusively by this contract. Removable markings shall be removed before any nondemilitarized disposition.
(h) The contractor/subcontractor agrees that no items demilitarized, as stated above, will be disposed of by the contractor/subcontractor other than as scrap.
(i) Any excess property which arises out of this contract, but for which no demilitarization order was included in the contract, shall not be released, retained, sold, or disposed of in any manner without instructions from the ACO.
(j) Any requests for exceptions or waivers to this clause must be made in writing to the Procuring Contract Officer.
(k) The contractor further agrees that this clause, including this subparagraph (k), will be included in any subcontracts for the aforesaid items.
(End of Clause)
52.227-9005 Restrictions on Use of Boeing Rights Guard Technical Data
As prescribed in 27-402-90(c) insert the following clause:
RESTRICTIONS ON USE OF BOEING RIGHTS GUARD TECHNICAL DATA (AUG 2007) - DLAD
(a) Technical data furnished herewith (hereinafter Rights Guard technical data) is proprietary to The Boeing Company which has licensed the Government to use same for the procurement of replenishment spare parts for U.S. Government owned aircraft (E-3, E-8 and/or -135 series aircraft) and for no other purpose. Rights Guard technical data shall not be disclosed, in whole or in part, to any other person or entity other than to supplier's bidder's offeror's employees, having a need to know and who are under an obligation to preserve and protect such data under terms and conditions no less restrictive than those imposed herein, and then only for the purposes if responding to this solicitation or performing any resulting contract.
(b) The suppliers/bidders/offerors hereunder are prohibited from
(1) reproducing, in whole or in part, Rights Guard technical data;
(2) incorporating any information contained in such Rights Guard technical data into other documentation; or (3) otherwise utilizing such Rights Guard technical data, except for responding to this solicitation or performing any resulting contract. Each supplier/bidder/offeror shall include the authorized DFARS limited rights legend of 252.227-7013, Rights in Technical Data - Noncommercial Items (NOV 1995), identifying the Boeing Company as the owner, on all Rights Guard technical data that is incorporated, in whole or in part, into any technical data delivered by such supplier/bidder/offeror to the Government in response to this solicitation or as part of the performance of any resulting contract. In the case of the limited rights legend, the Contractor shall indicate such Rights Guard technical data as not being subject to an expiration date, if such date is required by the limited rights legend authorized under its contract.
(c) Rights Guard technical data provided by DLA, including any copies thereof, is to be destroyed according to the following schedule:
(1) Immediately upon decision to "no bid" the solicitation for which the data was received.
(2) Within 30 calendar days of being advised your company was not the successful bidder for the solicitation for which the data was requested and received.
(3) If the contract awardee, within 30 calendar days of contract completion.
NOTE: The DLA ANNUAL Certificate of Destruction DOES NOT IN ANY WAY IMPLY OR PROVIDE AUTHORITY FOR YOUR COMPANY TO RETAIN THE DATA BEYOND THE TIMEFRAMES ESTABLISHED ABOVE. Suspected and actual instances of data retention provided by DLA beyond these timeframes will be reported to The Boeing Company for remedy. Furthermore, failure to comply with this obligation shall be grounds for your removal from the list of qualified bidders for any other solicitation involving Boeing technical data.
(d) The Government and/or the Boeing Company shall have the right to audit supplier's/bidder's/offeror's records to ensure the destruction of Boeing proprietary data. The reviews may be conducted after giving fifteen (15) days written notice in advance of such reviews.
(e) All suppliers shall comply with MIL-STD-130 for the purpose of distinguishing any spare parts made using Boeing Rights Guard technical data.
(f) Prior to requesting the Rights Guard data, an Annual Certification for the Use of Rights Guard Technical Data must be on file at the Defense Supply Center Richmond (DSCR), DSCR-VAB, ATTN: Rights Guard Program, Richmond, VA 23297-5604. An Annual Rights Guard Destruction Certification must also be on file if your company has received Rights Guard Data and the time of destruction has passed. Forms are available by downloading at https://pcf1.bsm.dla.mil/cfolders/, (select “License Agreements”, then ’01 Boeing Rights Guard”).
(End of Clause)
52.227-9006 Use of Colt Industries Restricted Technical Data
As prescribed in 27-402-90(e) insert the following clause:
USE OF COLT INDUSTRIES RESTRICTED TECHNICAL DATA
(AUG 2007) - DLAD
(a) This data can only be transmitted and/or used by contractors within the United States, its territories and possessions. Canadian and Mexican manufacturers, e.g., as well as those in other foreign countries are not allowed to receive the data at all. These data cannot be used for purposes of Foreign Military Sales, or for export.
(b) Data released pursuant to this procurement was furnished under a limited use license agreement with Colt Industries for Government use in the manufacture of M16 items. Any use contrary to DFARS 252.227-7025 will give rise to third party beneficiary rights to Colt Industries. Bidders/offerors must retain the Colt's markings on the drawing intact.
(c) All contractors, immediately upon decision to “no bid” the solicitation for which the data was received, shall destroy all solicitation technical data, and provide written notice of destruction to the following:
Defense Supply Center Columbus
P.O. Box 3990
ATTN: DSCC-VTS
Columbus, OH 43218-3990
All unsuccessful bidders/offerors (those firms not receiving an award) shall destroy all solicitation technical data within 30 calendar days from the date of notification of award, and provide written notice of destruction. Upon completion of contract performance, the successful supplier/bidder/offeror shall destroy all solicitation technical data, including any copies thereof and shall provide to the Government a written notification to that effect. Failure to destroy the solicitation technical data and send written notification to the Government within the specified time, may result in disqualification from participation in future acquisitions involving Colt Industries restricted technical data requirements.
(d) Prior to obtaining technical data, a certification regarding the use of limited rights technical data form must be on file at the Defense Supply Center Columbus, ATTN: DSCC-VTS, P.O. Box 3990, Columbus, Ohio, 43218-3990. Forms are available for download at https://pcf1.bsm.dla.mil/cfolders/ (select “License Agreements”, then “05 Colt Industries.”)
(End of Clause)
52.227-9007 Restrictions on Use of OTO Melara-Limited Rights Technical Data
As prescribed in 27-402-90(d) insert the following clause:
RESTRICTIONS ON USE OF OTO MELARA LIMITED RIGHTS TECHNICAL DATA
(AUG 2007) - DLAD
(a) The United States Government requires that each bidder/offer/contractor receiving a copy of this solicitation followed by technical data (drawings, specifications, and any data contained therein) shall use such technical data solely for the purpose of submitting an offer for the manufacture of the supplies described in the solicitation. In the event a contract is awarded as a result of this solicitation, the contractor shall agree to make no disclosure of the solicitation technical data except as may be necessary to its suppliers for the furnishing of the supplies specified in the contract. To the extent that any such disclosure is made to the contractor's suppliers, the same nondisclosure agreement terms relative to the solicitation technical data also shall be applicable to the suppliers.
(b) This data is available only for competitive procurements and manufacture in the United States by U.S. firms. It shall not be released to foreign firms.
(c) The signature of the person(s) authorized to sign the solicitation and resultant contract shall constitute agreement to the nondisclosure requirement.
(d) All unsuccessful bidders/offerors (those firms not receiving an award) shall return all solicitation technical data via certified mail within 30 calendar days from the date of notification of award to:
Defense Supply Center Columbus
ATTN: DSCC-VTS
P.O. Box 3990
Columbus, OH 43218-3990
(e) All unsuccessful bidders/offerors shall agree to make no disclosure of the solicitation technical data except as may be necessary to their suppliers for the furnishing of prices for the supplies specified in the solicitation. To the extent that any such disclosure is made to the unsuccessful offerors’ suppliers, the same nondisclosure agreement relative to the solicitation technical data also shall be applicable to those suppliers.
(f) Successful bidders/offerors may retain the technical data for future United States Government procurements, unless otherwise notified.
(g) Failure to return the solicitation's technical data within the specified time may result in disqualification from participation in future MK-75 Gun acquisitions.
(h) Prior to obtaining technical data, a certification regarding the use of limited rights technical data form must be on file at the Defense Supply Center Columbus, ATTN: DSCC-VTS, P.O. Box 3990, Columbus, Ohio, 43218-3990. Forms are available for down load at https://pcf1.bsm.dla.mil/cfolders/ (select “License Agreements”, then “16 OTO Melara”).
(End of Clause)
52.227-9008 Restriction on Use of FN Herstal Technical Data
As prescribed in 27-402-90(b) insert the following clause:
Restriction on use of FN Herstal Technical Data (AUG 2007) – DLAD
(a) The United States Government requires that each bidder/offer/contractor receiving a copy of this solicitation and accompanying technical data (drawings, specifications, and any data contained therein) shall use such technical data solely for the purpose of submitting an offer for the manufacture of the supplies and/or services described in the solicitation. In the event a contract is awarded as a result of this solicitation, the contractor shall agree to make no disclosure of the solicitation technical data except as may be necessary to its suppliers for the furnishing of the supplies or services specified in the contract. To the extent that any such disclosure is made to the contractor's suppliers, the same nondisclosure agreement relative to the solicitation technical data shall be applicable.
(b) This data is available only for competitive procurements and manufacture in the United States and Canada by U.S and Canadian firms. It shall not be released to foreign firms.
(c) The signature of the person(s) authorized to sign the solicitation and resultant contract shall constitute agreement to the non-disclosure and non-use requirement.
(d) All unsuccessful bidders/offerors (those firms not receiving an award) shall destroy all solicitation technical data within 30 calendar days from the date of notification of award, and provide written notice of destruction to the following:
Defense Supply Center Columbus
P.O. Box 3990
ATTN: DSCC-VTS
Columbus, OH 43218-3990
Upon the completion of contract performance, the successful supplier/bidders/offerors shall destroy all FN Herstal technical data, including any copies thereof and shall provide to the Government a written notification to that effect.
(e) Failure to destroy the solicitation's technical data and send written notification to the Government within the specified time, may result in disqualification from participation in future MAG-58 automatic weapon acquisitions.
(f) Prior to obtaining technical data, a certification regarding the use of limited rights technical data form must be on file at the Defense Supply Center Columbus, ATTN: DSCC-VTS, P.O. Box 3990, Columbus, Ohio, 43218-3990. Forms are available for download at https://pcf1.bsm.dla.mil/cfolders/ (select “License Agreements”, then “06 Fabrique Nationale Herstal”).
(End of Clause)
52.228-9000 Insurance (FEB 2005) - DLAD
As prescribed in 28.310, insert the following clause:
The Contractor shall, at its own expense, provide and maintain during the entire period of any resulting contract, including any extensions granted by contract modification, at least the kinds and minimum amounts of insurance noted here:
Workers’ Compensation and Employer’s Liability - $100,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.)
General Liability- $500,000 per occurrence
Automobile Liability – Property damage $20,000 per occurrence, Bodily injury $200,000 per person and $500,000 per occurrence.
When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.
(End of clause)
52.229-9000 Kentucky Sales and Use Tax exemption.
As prescribed in 29.490(c), insert the following clause in solicitations:
KENTUCKY SALES AND USE TAX EXEMPTION (DEC 1984) - DLAD
Contracts awarded under this solicitation are exempt from the Kentucky Sales and Use Tax per Kentucky tax exemption _________________. No amounts for this tax should be included in bids/offers.
(End of clause)
Submission of Data on Facilities Capital Cost of Money.
52.230-9000 As prescribed in 30.7004-1 (c) or 30.7004-2 (b) (3), insert the following provision:
SUBMISSION OF DATA ON FACILITIES CAPITAL COST OF MONEY (FEB 2005) - DLAD
(a) Offerors claiming Facilities Capital Cost of Money in accordance with FAR 52.215-16 in Section L of this solicitation shall submit with their proposal the following data for each contractor fiscal year (or portion) covering the planned period of contract performance:
(1) A completed Form CASB-CMF or the cost of money factors,
(2) Data regarding the distribution percentages of facilities capital employed for Land, Buildings, and Equipment, and
(3) Status of the review/approval of this data by the cognizant administrative contracting officer (ACO).
(b) Instructions for completing Form CASB-CMF are available at FAR Appendix – Cost Accounting Standards, Appendix A to Section 9904.414.
(c) This provision does not apply when the offeror does not include facilities capital cost of money as a proposed cost in its offer.
(End of Provision)
52.232-9000 Progress Payment Data.
As prescribed in 32.502-4(90), insert the following clause:
PROGRESS PAYMENT DATA (AUG 2005)- DLAD
If this solicitation, award, or order contains clause 52.232-16, Progress Payments, the following additional terms and conditions apply when selected:
[ ] The liquidation rate for progress payments applicable to this contract is ___%.
[ ] Stocking Up Process. Progress payments shall apply only for costs incurred in the “stocking up process” as set forth elsewhere in this solicitation/contract, and will be limited to an amount computed by multiplying the guaranteed minimum quantity for each line item by the corresponding liquidation rate.
[ ] Unusually Large Order. Progress payments may be authorized at the sole discretion of the Contracting Officer when the Contractor is required to engage in a “stocking up process” of ______ days or more as the result of an unusually large order.
(End of clause)
As prescribed in DLAD 33.106 (c) a provision substantially as follows shall be inserted in all solicitations:
AGENCY PROTESTS (SEP 1999) - DLAD
Companies protesting this procurement may file a protest 1) with the contracting officer, 2) with the Government Accountability Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office. Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order No. 12979." (Note: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the contracting officer; this process is not an appellate review of a contracting officer's decision on a protest previously filed with the contracting officer). Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the contracting officer.
(End of provision)
52.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR).
As prescribed in 33.214, insert the following provision:
DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001) - DLAD
(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.
(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and with legal counsel ( see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.
(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.
( End of provision )
52.239-9000 – Y2K COMPLIANCE NOTICE– DLAD
As prescribed in 39.106(a)(92), insert the following in solicitations and contracts.
Y2K COMPLIANCE NOTICE (Jun-2002) (DLAD 52.239-9000)
The contractor shall ensure that all items/products delivered under this contract (or order) that contain embedded microchips with a clock mechanism, timing device, or control device and are required to perform date/time processing involving dates subsequent to December 31, 1999, shall be Year 2000 (Y2K) compliant.
“Y2K Compliant” means to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first century, and the years 1999 and 2000, and leap year calculations, to the extent that other Information Technology (IT) and non-IT items being acquired properly exchange date/time data with it.
The Government reserves the right to test delivered items for Y2K compliance.
(End of Clause)
52.242-9000 Production Progress Reports.
As prescribed in 42.1107(a), insert the following clause:
PRODUCTION PROGRESS REPORTS (Jul 2006) - DLAD
(a) The contractor shall prepare DD Form 375, Production Progress Report, and DD Form 375C, Continuation (as necessary) for the following contract items:
______________________________________________________________
(b)(1) Unless otherwise indicated in paragraph (b)(2) below, the forms shall be submitted on a monthly basis within two workdays after each reporting period, beginning thirty (30) days after award.
(2) The forms shall be submitted on a _____ basis within two workdays after each reporting period, beginning _________________.
(3) In addition to the above indicated timeframes, the contractor shall promptly submit DD Form 375 reporting any delay in the scheduled delivery or completion as soon as known or anticipated.
(c) The forms shall be sent to the following offices as indicated in the contract/award document:
(1) |
Contracting Office (Issued by) |
(2) |
Administration Office (Administered by) |
[ ](3) |
Status Control Activity or Inventory Control Manager |
[ ](4) |
(End of clause)
52.242-9001 Notification of Shipment
As prescribed in 42.14(90) insert the following clause:
NOTIFICATION OF SHIPMENT (AUG 2007) – DLAD
Seventy-two (72) hours before shipment of IPE, the Contractor shall provide the following shipping information to the Contracting Officer:
Ø CONTRACT/DELIVERY ORDER NUMBER(S),
Ø ID NUMBERS,
Ø BILL OF LADING NUMBER(S),
Ø CARRIER,
Ø MODE OF SHIPMENT,
Ø WEIGHT,
Ø CUBE, AND
Ø DATE THE ITEMS WILL BE SHIPPED.
(End of clause)
52.245-9001 Evaluation of Use of Government Furnished Property
As prescribed in 45.106(90) insert the following provision:
EVALUATION OF USE OF GOVERNMENT FURNISHED PROPERTY (Jan 2007) - DLAD
(a) The term "Government Property", as used in this clause, shall be synonymous with the term "Government Furnished Property", as defined in FAR 45.101.
(b) Government property to the extent, if any, itemized below is offered for use without charge in performance under the item(s) with which it is identified. The offeror shall identify in its offer which, if any, of the items under this solicitation is offered by it on the basis of the Government making available without charge any of the listed Government property, and the period of use, in months, said property is to be made available to the offeror in performance of an awarded contract.
FOR EVALUATION PURPOSES | |||||
ITEM NO. |
IDENTIFICATION OF GOVERNMENT PROPERTY |
PRESENT LOCATION |
ACQUISITION COST |
RATE |
Period of Use |
(c) The Government property to be furnished in accordance with this clause shall be delivered by the Government within ____ days after the effective date of the award/contract at a point specified in accordance with FAR 52.247-55 “F.0.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY." The offeror is requested to specify in the space below, by item, the F.O.B. Point for the delivery of the Government furnished property that will be used in contract performance.
FOR EVALUATION PURPOSES | |||
F.O.B. POINT |
Private Rail Siding | ||
ITEM NO. |
(cite name, street address, city, state and zip code) |
Yes (State name of rail carrier) |
No (State name and address of nearest public rail siding and carrier) |
(d) If, in performance of any contract resulting from this solicitation, the offeror intends to use any Government owned property, such use shall be a factor in evaluating the offer and awarding the contract in accordance with Federal Acquisition Regulation (FAR) Part 45, Subpart 45.2, in order to avoid any competitive advantage that might accrue to a Contractor possessing Government property. Once the Contracting Officer determines the necessity, this is done by either:
(1) Newly Furnished GFP: adjusting the offers of those contractors by applying, for evaluation purposes only, a rental equivalent evaluation factor, or by charging the Contractor rent for using the property. In evaluating offers, the contracting officer shall also consider any costs or savings to the Government related to providing such property, regardless of any competitive advantage that may result (see FAR 45.202-3). Computation of the rent charge or the rental equivalent evaluation factor will be made in accordance with the clause at FAR 52.245-9, “USE AND CHARGES”.
(2) Existing GFP (Any offeror who desires to use Government property in its possession or for which it is an authorized user, or in the possession of its subcontractor or for which its subcontractor is an authorized user):
a. Offeror shall furnish a copy of the written permission of the Contracting Officer having cognizance of the property for use of such facilities or tooling to include a statement as to whether or not rental will be charged for such use and the amount of monthly rent which would be charged for such use but for any rent-free use permission.
b. If use is to be rent free, the offeror must provide the rent computed as provided by the contract or, in the absence of a contractual rate, by the clause set forth in FAR 52.245-9 entitled "Use and Charges", which the Government will use as an evaluation factor pursuant to FAR Subpart 45.2 in evaluating the offer. If use of the Government property is permitted, the offeror must:
i. List or describe the Government property;
ii. Identify the contract or other instrument under which the Government property is held and the date contract/instrument is to expire.
iii. State the number of months during which the Government property will be used; and with respect to any such Government property which will be used concurrently in the performance of two or more contracts, state the amounts of the respective uses in sufficient detail to support the proration of rent between work resulting from an award under this solicitation and such other work.
(e) The following list of known Subcontractors, if any, possessing Government Property which, in the past or currently, has been authorized for use in manufacturing components or parts of the items to be procured is set forth below.
FOR EVALUATION PURPOSES | ||
ITEM NO. |
IDENTIFICATION OF GOVERNMENT PROPERTY |
PRESENT LOCATION (Including name of Subcontractor) |
(f) In the event any Subcontractor desiring to use Government property on a no-charge basis refused to quote to any prospective Prime Contractor, the Government reserves the right to:
1) Refuse to authorize the Subcontractor's use of such property; or
2) Evaluate 100 percent of the acquisition cost of said Government property against the bid of the Prime Contractor proposing to use such Subcontractor.
(End of Provision)
52.245-9002 Use of Government Furnished Property
As prescribed in 45.106(91) insert the following clause:
USE OF GOVERNMENT FURNISHED PROPERTY (Jan 2007) - DLAD
(a) The Government shall furnish to the Contractor on a rent free or no charge basis the government property listed below for the period and for use in performance of this contract as shown:
IDENTIFICATION OF GOVERNMENT PROPERTY |
QUANTITY |
PERIOD OF USE |
PRESENT LOCATION |
(b) The above listed Government property shall be delivered by the Government within ________ days after the effective date of the award/contract F.O.B. _______ in accordance with FAR 52.247-55 “F.0.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY."
(c) Except to the extent specifically authorized elsewhere in this contract, no use of Government property other than as described and permitted above shall be authorized unless such use is approved in writing by the Contracting Officer and either rent calculated in accordance with the Use and Charges clause set forth in FAR 52.245-9 is charged or the contract price is reduced by an equivalent amount.
(End of Clause)
52.245-9003 – Transportation Costs of GFP
As prescribed in 45.106(92)(a) insert the following clause:
TRANSPORTATION COSTS OF GFP (Jan 2007) - DLAD
(a) In accordance with FAR 52.245-2, Government Property Installation Operation Services, or FAR 52.245-4, Government Furnished Property (Short Form) the Government will furnish at no cost to the Contractor the property specified below for the use performing the resulting contract:
ITEM NO. |
IDENTIFICATION OF PROPERTY |
QTY |
UNIT PRICE |
(b) The Government will deliver government furnished property to the Contractor's plant in accordance with FAR 52.247-55, F.O.B. Point for Delivery of Government-Furnished Property. Offerors must indicate in the space below the name and address of the plant where the property will be utilized. In the absence of so indicating, the Government will assume and evaluate offers on the assumption that the property will be utilized at the plant specified by offerors in their offers under the heading “Production Facilities,” or Block 15A of SF33.
Offeror to complete:
Plant: _______________________________________________
Street Address: ________________________________________
City and State: ________________________________________
(c) In the evaluation of the offers, in response to this solicitation, among the factors to be considered in determining the low offeror will be the cost of transporting Government-furnished property to the contractor's plant. Land methods of transportation by regulated common carrier will be used to evaluate cost of transportation from the Government's place of shipment (cited below) to the offeror’s plant (paragraph b). This transportation cost will be added to the offered price to determine the overall cost to the Government; however, if the location from which the government furnished property will be shipped is not known at the time of issuance of the solicitation, the cost of transporting such property to the offeror’s plant will not be a factor in the evaluation of offers.
Government furnished materials will be shipped from: ____________________________________
Weight: _____________________________________
Cube: ______________________________________
(d) The delivery schedule contained in Section F is based on the assumption that delivery of Government-furnished property will be made to the contractor within 45 days, unless otherwise indicated, after date of award.
(e) Contractor's Receipt for GFP: Concurrently with each shipment of GFP, the Government will furnish the Contractor with shipping documents setting forth the exact quantity of property furnished. Within five days after receipt of GFP for performance under this contract, the Contractor shall acknowledge receipt on the Government shipping documents and return them to ___________________________________________________. The Government reserves the right to suspend further shipments of property until receipts for GFP have been properly prepared and received by the Government. Notwithstanding any other contract provision, delays by the Contractor caused by suspension of GFP shipments for failure to meet this provision shall not constitute an excusable delay within the meaning of the contract.
(End of clause)
52.245-9005 Government-Owned Tooling
As prescribed in 45.306-5(91), insert the following clause:
GOVERNMENT-OWNED TOOLING (Jan 2007) - DLAD
Offers submitted on the basis of utilization of Government-owned tooling, as specified herein, must offer the total quantity of goods and services listed in the solicitation.
(a) Availability:
(1) Tooling/set(s) of tooling as listed in the attachment to this solicitation is available and may be inspected at:________________________________________________________
(2) The Contractor will be responsible for repairs and replacements to the tooling/set(s), if any, and all such repairs and replacements will be accomplished by the Contractor at his own expense.
(3) Such tooling will be furnished "as is" in accordance with the Clause in FAR 52.245-19, Government Property Furnished "As Is" of this solicitation.
(b) Inspection of Tooling: Offerors whose offer is based on the use of the Government-owned tooling must satisfy themselves that such tooling is suitable for their use. Any costs of transporting, installing, modifying, repairing, or otherwise making the tooling suitable for use shall be borne by the successful offeror. If a prospective offeror is interested in inspecting the Government-owned tooling, arrangements should be made by contacting the Contracting Officer who will coordinate with the appropriate Special Tooling Coordinator. Contact shall be made at least ten (10) working days prior to the time of the inspection to be made at the location indicated in paragraph (a)(1) above.
(c) Suitability for use: FAR 52.245-19 is applicable to the contract. If the contractor modifies, repairs, or otherwise makes the tooling suitable for use, then the Contractor is required to maintain that special tooling in accordance with sound industrial practice. This is understood to mean that the Contractor will furnish all repairs and replacements necessary to maintain the tooling/set(s) in a condition to produce specification items throughout the period of production.
(End of clause)
52.245-9006 Use of Government-Owned Tooling
As prescribed in 45.306-5(92), insert the following clause:
USE OF GOVERNMENT-OWNED TOOLING (Jan 2007) - DLAD
The Government intends to furnish special tooling listed/described in this solicitation rent-free to the successful offeror. If offer is based on using Government tooling, a rental equivalency evaluation factor will be added to the offeror’s offered price. Each offeror must indicate below whether or not his offer is based on the use of Government-owned tooling:
OFFER IS [ ] IS NOT [ ] BASED ON USE OF GOVERNMENT-OWNED TOOLING LISTED HEREIN.
(End of clause)
52.245-9007 Use of Government-Owned Special Tooling or Test Equipment
As prescribed in 45.306-5(93), insert the following clause:
USE OF GOVERNMENT-OWNED SPECIAL TOOLING OR TEST EQUIPMENT (Jan 2007) - DLAD
This office has no knowledge of Government-owned special tooling or special test equipment for this item. If an offeror has knowledge of the existence of any Government-owned special tooling or test equipment used in the manufacture of this item and desires to use such, then that offeror shall furnish a copy of the written permission of the Contracting Officer having cognizance of this property. The written permission for use of the special tooling or special test equipment is to include a statement as to whether or not rent will be charged and the amount of monthly rent which would be charged for such use but for any rent-free use permission. If use of the tooling or test equipment is permitted, the offeror must also furnish:
(a) A list or description of the tooling or test equipment;
(b) The facilities contract number, or other instrument number, under which the special tooling or special test equipment is held and date contract/instrument is to expire; and
(c) A statement of the number of months during which the facilities or tooling will be used. If such special tooling or test equipment will be used concurrently in the performance of two or more contracts, state the amounts of the respective uses in sufficient detail to support the proration of rent between work resulting from an award under this solicitation and such other work.
(end of clause)
52.245-9008 Use of Government Facilities on a No Charge Basis
As prescribed in 45.302-6(90), insert the following clause:
USE OF GOVERNMENT FACILITIES ON A NO CHARGE BASIS (Jan 2007) - DLAD
[] (a) The contractor is authorized to use, on a rent-free basis, in the performance of this contract, the Government-owned facilities provided under Contract No. .
[] (b) This contract is for an FMS requirement. The contractor is authorized to use the Government-owned facilities provided under Contract No. . As rental for use thereof, the contractor must remit monthly the sum of $ to the ACO of the office designated for the administration of this contract.
(End of clause)
52.246-9000 Certificate of quality compliance.
As prescribed in 46.390, insert the following clause:
CERTIFICATE OF QUALITY COMPLIANCE (DEC 1994) - DLAD
The Contractor shall prepare and furnish a Certificate of Quality Compliance (COQC) for all supplies delivered under this contract. If the supplies delivered under this contract are from more than one manufacturing lot, a separate COQC shall be prepared and furnished for each manufacturing lot represented by, manufactured or produced under a product specification, original equipment manufacturer (OEM)/manufacturer's part number, commercial, industry or military standard, or drawings, or other technical data.
(a) This Certificate shall contain the following:
(1) The Contractor's name, address, and commercial and Government entity (CAGE) code number (if assigned), the contract/order number, the applicable specification, drawing, or standard (including revision/amendment and date), identification of the specific supplies manufactured or produced (including National Stock Number, nomenclature, type, grade, and class, if applicable); for metal products, the COQC shall include the alloy designation and condition (finish and temper), if applicable. If the contractor is not a manufacturer, the Certificate shall include the name, address and CAGE Code (if assigned) for each of the entities through which the supplies or materials, components, subassemblies, assemblies or parts passed, so that traceability to the manufacturer will be readily discernible therefrom.
(2) The identification of each parameter for which the contract, specification, drawing, or standard required inspection or testing;
(3) The identification of the specific requirement for each of the parameters in (2), above, for the particular material being produced and covered by the certificate;
(4) The actual results of inspections or tests conducted by the contractor to demonstrate conformance with each of the specific requirements of (3), above;
(5) The marking requirement for the material and the source of this requirement (contract and specification or standard); and
(6) A statement, signed by an authorized contractor representative responsible for quality assurance, that (i) the lot has been produced, sampled, tested, and inspected, and marked in accordance with all contract and specification requirements; and (ii) the material complies with all of the contract and specification requirements.
(b) For contracts assigned for Government inspection at source, the Contractor shall have the completed certificate available for review by the Government representative when the material is presented for acceptance by the Government. In the case of destination-inspected material, the Contractor shall attach a copy of the completed certificate to the packing list sent with each shipment to each shipping point designated in the contract. For source inspected material, a copy may (but need not) accompany the shipment. If the Contractor offering the material to the Government is not the manufacturer of the material, the Contractor is responsible for obtaining a certified test report from the manufacturer, including it as part of this COQC, and for demonstrating that the specific material being offered under this certificate is covered by the certified test report.
(c) Unless otherwise specified by the contract, the Contractor shall be responsible for retaining the certificate for a period of 4 years. When requested by the Contracting Officer, the Contractor shall make the certificate available for review by the Government at any time during the period the certificate is required to be retained.
(End of clause)
52.246-9001 Manufacturing process controls and in process inspections.
As prescribed in 46.202-4-90, insert the following clause:
MANUFACTURING PROCESS CONTROLS AND IN-PROCESS INSPECTIONS
(Jun 1998) - DLAD
This clause supplements (Process Control) guidance of the ISO (ANSI/ASQ) 9000 Series standard, or equivalent standards with process controls, and is applicable when the contract requires a higher-level quality system in accordance with FAR 46.202-4.
MANUFACTURING PROCESS CONTROLS AND IN-PROCESS INSPECTIONS
The Contractor shall:
(a) Ensure that all manufacturing operations are carried out under controlled conditions which will adequately assure that product characteristics and criteria specified by contract are achieved and maintained in the produced item. Controlled conditions include documented process control and in-process inspection procedures, adequate methods for identifying and handling material, and adequate production equipment and working environments.
(b) As a minimum, perform inspections (examinations and/or tests) during manufacturing on those product characteristics which cannot be inspected at a later stage, and ensure that process controls are implemented and effective.
(1) Manufacturing processes shall be evaluated to determine which process characteristics have an effect on the quality of the produced item. These manufacturing processes shall be identified and requirements for their control shall be specified in written process control procedures.
(2) When in-process inspection of material is not practical, control by monitoring processing methods, equipment, and personnel shall be provided. Both in-process inspection and process monitoring shall be provided when control is inadequate without both.
(3) Prompt corrective action shall be taken when noncompliance or out of control conditions occur.
(c) Clearly identify each in-process inspection and process control point at appropriate locations in the manufacturing operation.
(d) Prepare clear, complete, and current written procedures for:
(1) Each in-process inspection. Identify: the type, frequency, and amount (sampling plan/100 percent) of inspection; product characteristics to be inspected; criteria for approving and rejecting product; the record for documenting inspection results; and the method for identifying the inspection status of approved and rejected product.
(2) Each process control. Identify: the criteria, frequency, and records used verifying control of the process.
(3) Assessing the adequacy of in-process inspections and process controls. The Contractor's quality organization shall assure by periodic surveillance that procedures are followed and are effective. Records of this surveillance will be maintained.
(e) Make the documented inspection system available for review by the Government Quality Assurance Representative prior to the initiation of production and throughout the life of the contract. The Government is under no obligation to perform verification inspection or to accept product produced under the contract until the Government has received acceptable written procedures, and has been afforded the opportunity to evaluate the inspection system. Acceptance of the Contractor's inspection system by the Government does not bind the Government to accept any nonconforming supplies that may be produced by the Contractor. Periodic evaluations of the system may be made by the Government throughout the life of the contract.
(End of clause)
52.246-9003 Measuring and test equipment.
As prescribed in 46.391, insert the following clause:
MEASURING AND TEST EQUIPMENT (Jun 1998) - DLAD
Notwithstanding any other clause to the contrary, and/or in addition thereto, the contractor shall ensure that the gauges and other measuring and testing equipment, used in determining whether the supplies presented to the Government for acceptance under this contract fully conform to specified technical requirements, are calibrated in accordance with ISO 10012-1 or ANSI/NCLS Z540-1.
(End of clause)
52.246-9004 Product verification testing.
As prescribed in 46.392, insert the following clause:
PRODUCT VERIFICATION TESTING (Jun 1998) - DLAD
(a) References: The applicable documents are the issues of Federal Acquisition Regulation (FAR) clause 52.246-2, “Inspection of Supplies—Fixed Price,” and ANSI/ASQC Z1.4-1993, Sampling Plan and Tables for Inspection by Attributes, which are in effect on the date of solicitation for awards resulting from Invitation for Bids and the date of award for all other contractual actions. These documents form the basis for the Government’s right to perform product verification testing (PVT) of this product. FAR 52.246-2 is hereby incorporated by reference into the contract if not otherwise called out in the purchase document.
(b) The contractor is responsible for ensuring that supplies are manufactured, produced, and subjected to all tests required by applicable material specifications/drawings specified in the purchase description of the contract. Notwithstanding any other clause to the contrary, and/or in addition thereto, the Government reserves the right to conduct PVT to ascertain if any or all requirements of the purchase identification description contained elsewhere herein are met prior to final acceptance.
(c) On any given contract, the Government may require PVT through a government designated testing laboratory on the contract or production lot at government expense. Testing will consist of chemical and/or mechanical/dimensional conformance tests as the Government deems necessary. When material under the contract is designated by the Contracting Officer/Administrative Officer for each test, the government inspector will select a random sample from the contract or production lot, and send the samples to a designated laboratory for testing. Where origin inspection is specified, the contractor agrees to make available, at the Government=s request, at the manufacturing facility, subcontracting facility, and/or final point of inspection, the quantity selected by the contract administrative office quality assurance representative to verify that the entire lot tendered meets the requirements of the contract. The Government shall be permitted to select such samples at random from the production lot tendered for acceptance.
(d) [This subparagraph pertains only to contracts and bilateral purchase orders.]
(1) The PVT samples will be sent, by the Government at government expense, to a government-designated testing laboratory for product verification. The Government will notify the contractor of the results of the testing within 15 working days of receipt of the samples by the Government. If the Government fails to act within the period set forth herein for notification, the contracting officer shall, upon timely written request, equitably adjust, under the Changes clause of this contract, the delivery or performance dates and/or the contract price and any other contractual terms affected by the delay. The Government is not required to accept/reject the supplies tendered until after receipt of the PVT test results.
The Government shall have the option to require the contractor to screen the entire lot tendered for any defects noted by the PVT testing. Any defects found shall be corrected before retendering the lot for acceptance by the Government. Further, the Government may subject this lot to additional PVT testing. If the Government disapproves the lot tendered for acceptance because of a failure to pass the PVT, the contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. In such case, the Government reserves all rights to remedies to which it is otherwise entitled by law, regulation, or this contract.
(e) [This subparagraph pertains only to unilateral purchase orders.]
(1) The PVT samples will be sent by the Government and at government expense, to a government-designated testing laboratory for product verification. The Government will notify the contractor of the results of the testing within 15 days after receipt of the samples. If the Government fails to act within the specified time period set forth herein for notification, the contacting officer shall, upon timely written request from the contractor, incorporate FAR clause 52.243-1, “Changes Fixed-Price”, into the purchase order, and equitably adjust the delivery or performance date and/or the price and any other terms affected by the delay. The Government is not required to accept/reject the supplies tendered until after the PVT test results.
(2) The Government shall have the option to require the contractor to screen the entire lot tendered for any defects noted by the PVT. Any defects so found shall be corrected before retendering the lot for acceptance by the Government. Further, the Government may subject this lot to additional PVT. If the Government disapproves the lot tendered for acceptance because of a failure to pass the PVT, the Government has the right to reject the entire offer, thereby releasing the parties from further obligations under the purchase order.
52.246-9005 Note to Contractor for Inspection (ALRE)
As prescribed in 46.393(a) insert the following clause:
NOTE TO CONTRACTOR FOR INSPECTION (ALRE) (Apr 2007) - DLAD
Because of the critical nature of this material, a representative of the NAWC Lakehurst is available to furnish technical assistance on Quality Assurance (QA) matters and shall have the option of conducting QA surveillance for the first lot produced under this contract (and subsequent lots if necessary). This requirement will be performed in conjunction with the Quality Assurance Representative (QAR) of the cognizant Defense Contract Management Agency (DCMA) Contract Management Office and does not abrogate the authority of responsibility of the DCMA QAR. The contractor agrees to notify, in writing, the supervisor of the QA Section, Code 4.8.8.8, Lakehurst NJ 08733-5025, when the material is scheduled to be presented to the DCMA QAR for Government inspection and acceptance. This notice shall afford the NAWC Lakehurst QA Representative the option of being present during the inspection. Notification may be provided via telephone (732) 323-2504 immediately followed by written confirmation, or via facsimile transmission FAX (732) 323-1381. A minimum of fourteen (14) working days after receipt of notification is required to arrange such a visit.
NOTE: Advise the PCO listed in the order by FAX or email at the same time notice is given to NAWC Lakehurst.
(End of Clause)
52.246-9007 Inspection and Acceptance at Destination
As prescribed in 46.503 insert the following clause:
INSPECTION AND ACCEPTANCE AT DESTINATION (AUG 2007) – DLAD
(a) Inspection and Acceptance are at Destination
(End of Clause)
52.246-9008 Inspection and Acceptance at Origin
As prescribed in 46.503 insert the following clause:
INSPECTION AND ACCEPTANCE AT ORIGIN (AUG 2007) – DLAD
(a) Inspection and Acceptance are at Origin.
(b) The point of acceptance will be the point of last inspection before shipment unless otherwise indicated by the offeror.
(c) The Offeror shall indicate below the location where supplies will be inspected:
Supplies:
Plant: ___________________________________Cage Code:__________________
Street: __________________________________
City/St/Zip: ______________________________
Applicable to clin(s): __________________________________________________
(d) The Offeror shall indicate below the location where packaging will be inspected:
Packaging:
( ) Same as for supplies
or,
Plant: __________________________________ Cage Code: ___________________
Street: _________________________________
City/St/Zip: _____________________________
Applicable to clin(s): ___________________________________________________
(e) For CLIN(S) described by manufacturer's name/code and part number:
(1) Contractor must present evidence of performance of all quality assurance requirements specified in the contract and ensure that item will serve its intended purpose by performing examinations and tests to determine (A) completeness of item, (B) absence of rust, contamination, or deterioration, (C) correct identification, (D) absence of any damage, and (E) compliance with preparation for delivery. If the contractor is not the manufacturer of the supplies, evidence must be furnished to establish that the supplies were produced by the manufacturer.
(2) The word "manufacturer" means the actual manufacturer of each CLIN. The Government’s Quality Assurance Representative may require that evidence be furnished establishing the name and address of the plant that manufactures each CLIN to ensure that a domestic product is being supplied.
(f) For CLIN(S) designated as Former Government Surplus (whether described by manufacturer’s name/code and part number, or by Military or Federal specification or drawing), the original package markings of each item shall be verified to previous Government contract number and part number (as specified in DLAD 52.211-9000, Section I of the award). Any deviation from this number shall be cause for rejection of the item.
(g) Additional inspection requirements may be required, based on the evaluation of the surplus offer, by the procuring activity. Such additional requirements, if necessary, will be identified before the award.
(End of Clause)
Replace paragraph (a) in 9008 with (a) below, for acquisitions above the SAT whenever subsequent shipments, per NSN, will undergo inspection and acceptance at destination,
ALT I
(a) For each NSN, Inspection and Acceptance will take place at:
Origin - First Shipment Only;
Destination - Subsequent Shipments
(End of Clause)
52.246-9009 Lubricating Oil, Internal Combustion Engine MS9250 (A Qualified Product) DLAD (Aug 2007)
As prescribed in 46.394(a) insert the following clause:
LUBRICATING OIL, INTERNAL COMBUSTION ENGINE MS9250 (A QUALIFIED PRODUCT) (Aug 2007) – DLAD
(a) Qualified product shall conform to MIL-L-9000H (SH) dated 16 Sep 87 with the following exception: magnesium content shall be 100 ppm maximum.
(b) The lubricating oil shall be only those products authorized by the qualification activity for listing on the latest qualified products list (QPL-9000) prior to contract award.
(c) Qualified products listed on the latest QPL-9000 which no longer meet the qualified formulation due to change in base stocks will be considered provided the offeror submits the following additional information with its offer:
(1) Typical base stocks characteristics for API gravity, viscosity (cSt) at 100-c, viscosity index, flash point (-C), cloud point (-C), pour point (-C), neutralization number, color, sulfur (% m/m), aniline point (-C), saturates (% vol), aromatics (% vol) and naphthenics (% vol). The offeror shall also specify the test method used to determine each base stock characteristic. This information will be used to determine how the change in base stocks will affect the finished product and/or formulation.
(2) In addition, Alcor IG test result information shall be provided for all finished blends that differ in base stocks approved by the qualification activity. This test information will be comparedto the Caterpillar IG-2 test required by specification (MIL-L-9000). The address and telephone number where the Alcor IG test is performed:
Alcor, Inc.
10130 Jones-Moltberger Road
San Antonio, TX 76216-4191
Phone: 1-800-354-7233
(End of Clause)
* * * * *
52.246-9010 Determination of Quantity Specific to Lubricating Oils DLAD (Aug 2007)
As prescribed in 46.394(b) insert the following clause:
DETERMINATION OF QUANTITY SPECIFIC TO LUBRICATING OILS (Aug 2007) – DLAD
(a) The quantity of supplies furnished under this contract shall be determined by one of the following methods:
(1) The Contractor shall provide delivery equipment that enables the receiving activity and the Contractor to determine quantity at destination in the delivery conveyance by one of the following:
(i) Calibrated meter (in areas where environmental restrictions prohibit the opening of dome hatches prior to, during, or after off-loading, calibrated meter must be used); or
(ii) Certified capacity tables. The tables must be made available at the time of delivery; or
(iii) Certified tank calibration markers. Certified tank calibration markers will not be accepted unless the conveyance is full to the marker and the entire quantity is off-loaded at the receiving activity.
(2) The Contractor and the receiving activity may mutually agree in writing to determine quantity by inventories of the receiving tank(s) just prior to and after delivery. For each contract line item mutually agreed to under this section, the Contractor shall submit one copy of the written mutual agreement to the DSCR contract administrator.
(3) The Contractor and the receiving activity may mutually agree in writing to accept the net quantity determined at the loading point using a calibrated loading rack meter. For each contract line item mutually agreed to under this section, the Contractor shall submit one copy of the written mutual agreement to the DSCR contract administrator.
(i) This quantity must be mechanically printed on the loading rack meter ticket that is generated by the loading rack meter. In addition, the loading rack meter ticket must contain whatever additional information the receiving activity specified when they agreed in writing to use this method.
(ii) Such quantity will be accepted only if the conveyance is sealed at the loading point with serially numbered seals, the seal numbers are recorded on the meter ticket at the loading point, and all seals are intact upon arrival at the receiving activity. The Contractor must affirm in writing that the conveyance was sealed at the loading point.
(iii) If this method is being used, the Government reserves the right to determine the quantity received in gallons at 60 degrees Fahrenheit (or liters at 15 degrees Centigrade) at any time and by any valid means available. If the difference between the quantity determined at the loading point and the quantity determined by the Government at the receiving point exceeds 0.5 percent of the quantity determined at the loading point or if the difference is attributed to a source other than measurement techniques, the net quantity determined by the Government will be the quantity received.
(4) In any case, at the Government's option, quantity may be determined at the receiving activity on the basis of--
(i) Weight, using calibrated scales; or
(ii) A calibrated meter on the receiving tank system.
(b) WATER BOTTOMS. Every delivery must be free of all water bottoms prior to discharge, and the Contractor is responsible for their removal and disposal.
(c) VOLUME CORRECTION. Volume correction to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Centigrade) is required for all product volumes of lubricating oils measured in tank trucks, trucks and trailers, and tank wagons.
(d) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. In addition, the following specific standards will be used as applicable:
(1) API Manual of Petroleum Measurement Standards Chapter 7, Method of Measuring the Temperature of Petroleum Products (API 2543/ASTM D 1086). In areas where the metric system is used, an equivalent type Centigrade thermometer may be used.
(2) API Manual of Petroleum Measurement Standards Chapter 9, Section 1, Density Determination (ASTM D 1298).
(3) API Manual of Petroleum Standards Chapter 3, Method of Gauging Petroleum Products (API 2545/ASTM D 1085).
(4) API Manual of Petroleum Measurement Standards Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200). Either the printed version or the computer subroutine version of the standard may be used.
(i) Use Volume XIII, Tables 5D and 6D (or Volume XIV, Tables 53D and 54D) for lubricating oils.
(ii) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Centigrade to barrels of 60 degrees Fahrenheit, except when this method is restricted by foreign law. Convert liters at 15 degrees Centigrade to cubic meters at 15 degrees Centigrade by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42.
(iii) If the original measurement is by weight, using calibrated scales, then--
(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.
(B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.
(5) API Manual of Petroleum Measurement Standards Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.
(e) UNITS OF QUANTITY.
(1) Depending upon the unit shown in the Schedule, the unit of quantity, as used in this contract, shall be--
(i) The U.S. gallon of 231 cubic inches;
(ii) The liter of 61.026 cubic inches.
(2) Unless otherwise specified in the contract, a reference to gallons shall mean U.S. gallons.
(End of Clause)
52.246-9011 Liquefied Petroleum Gases Quality Assurance DLAD (Aug 2007)
As prescribed in 46.394(c) insert the following clause:
LIQUEFIED PETROLEUM GASES QUALITY ASSURANCE (Aug 2007) – DLAD
(a) Unless specifically requested by the Contracting Officer, testing of liquefied petroleum gases (propane, butane, and mixtures thereof) to assure conformance to Federal Specification BB-G-110, is not required. In lieu thereof, the contractor will obtain a statement from all manufacturers from whom he buys bulk gas, that the LPG supplied was manufactured in accordance with the recommendations of the Natural Gas Processors Association, NGPA Publication No. 2140.
(b) LPG shipments to the Government are limited to material manufactured in accordance with the recommendations of the Natural Gas Processors Association, NGPA Publication No. 2140.
(c) This clause does not waive the right of the Government to require or perform specification testing to confirm compliance with the applicable product specifications.
(End of Clause)
52.246-9012 Preparation for Delivery and Inspection of Fresh Fruits and Vegetables
As prescribed in 46.402-91 insert the following clause:
PREPARATION FOR DELIVERY AND INSPECTION OF FRESH FRUITS AND VEGETABLES (SEP 2007) – DLAD
(a) To the extent possible the government shall purchase product based on visual best value selection, i.e., that product which best meets customer needs after considering quality and price.
(b) For supplies to be delivered to DSCP cold storage sites in the continental United States, inspection shall be performed at origin by the government purchasing agent. Inspection at destination for identity, quality, condition, and quantity shall be performed by the government purchasing agent or by Veterinary/Medical Food Inspection Personnel Services. The contracting officer reserves the right to require that inspection be performed by the Agricultural Marketing Service, USDA, or by State Inspectors at the expense of the contractor.
(c) For supplies to be delivered directly to military posts, camps, stations, commissary stores or ports of embarkation for overseas customers, inspection shall be performed at origin by USDA or state inspectors at contractor’s expense. Inspection at destination for identity, quality, condition and quantity shall be performed by Veterinary/Medical Food Inspection Personnel Services.
(d) In preparing for delivery the contractor shall assure the following:
(1) Include with each shipment when available, a copy of DSCP Form 1930, signed by the contracting officer, stating whether USDA or State Inspection was accomplished at origin.
(2) Include a copy of the USDA or State Inspection Certificate with each shipment which receives such inspection. The certificate shall cite the rail car number or trailer license number. Any shipments received at destination without the required certificate will be inspected by the government at the expense of the contractor.
(e) In the event deliveries are rejected at destination, the contractor may request a reinspection from the contracting officer. The contracting officer may grant reinspections, if valid reasons exist. The reinspection will be conducted by the USDA. In the event results of reinspections confirm nonconformance with contract requirements, the cost of the reinspection shall be borne by the contractor. If results establish conformance with contract requirements, the cost shall be borne by the government.
(f) A representative portion of each contract line item may be check-weighed at destination to determine that the containers meet the specified minimum weight. No payment will be made for weights in excess of the minimum weight required by the contract. Except for supplies purchased for resale, contract requirements will be considered to be satisfied when the average weight per container meets the specified minimum weight. For supplies purchased for resale, each package must contain, at destination, no less than the marked net weight as shown on the container. (Except that lots in compliance with the USDA individual container weight allowance will be considered to meet contract requirements.)
(g) Fresh fruits and vegetables shall be packed in clean commercial type containers. Used containers are permissible if they are free of inappropriate markings. Containers shall be full, tightly packed, and properly closed or covered.
(h) When delivery is to be made to two or more destinations, the contractor shall separately brace each delivery segment at origin or otherwise provide for its protection while enroute to the other consignee(s).
(i) When seavans are loaded at origin for overseas shipment, copies of all papers including a copy of the inspection certificate and a consist document or equivalent document must be placed in the van. The consist document may be your own manifest provided the specified information is included and the copy placed in the van has the word “consist” written or typed on the top of the document.
The following information is to be written on the consist document:
(1) Consignee’s Requisition Number |
The consist document along with the inspection certificate, and phyto-sanitary certificate (if applicable) must be attached to one of the containers in the last row prior to sealing the van. (A copy of the phyto-sanitary certificate (if applicable) must also be attached to the outside of the van door). All papers must show the BPA number as well as other pertinent information as to the contents of the van. Vans will be loaded in accordance with guidance provided by the contracting officer.
(End of Clause)
52.246-9013 Contractor and Government Samples at Origin
As prescribed in 46.402-92 insert the following clause:
CONTRACTOR AND GOVERNMENT SAMPLES AT ORIGIN (SEP 2007) – DLAD
When required, the contractor will select samples of end items or components or both for contractor examination or testing as required by the item specification or other contract provisions. In addition, the government may select samples of end items or components or both at origin for the purpose of conducting required inspection. The government may use, consume, destroy or retain said samples at its option. Notwithstanding any other provision of the contract, the contractor shall bear the cost of contractor and government samples selected at origin, whether the supplies are accepted or rejected. Furthermore, unless otherwise specified, any sample unit which is altered as a result of the performance of any required examination or test so as to no longer meet the required characteristic of the component or end item, shall not be included as part of the supplies delivered under the contract. Examples of such alteration include, but are not limited to, cutting an item to remove a slice or observe internal surface characteristics, procedures requiring re-canning/re-cooking of the product, thawing and refreezing.
(End of Clause)
52.246-9014 Certificate of Conformance
As prescribed in 46.504-90 insert the following clause:
CERTIFICATE OF CONFORMANCE (SEP 2007) – DLAD
(a) Unless otherwise specified in the contract, the contractor shall furnish a certificate of conformance for packaging, packing, labeling, marking and unitization materials and their performance in use in lieu of government sampling and testing. Performance in use applies to joint strength of strapping and tension of unit load strapping. The unitization materials covered by the certificate of conformance shall not include pallets. Examination and testing of pallets shall be performed in accordance with specification requirements unless otherwise stipulated in the contract.
(b) When specified, the contractor may also furnish a certificate of conformance for certain components/ingredients or end item characteristics. The contractor may still furnish a certificate covering any of the foregoing even though a subcontractor provided the materials. In such event, the contractor is responsible for assuring that the materials met all contract requirements. For this reason, the contractor should request a certificate of conformance from the subcontractor.
(c) The certificate of conformance should be worded substantially as follows:
(1) I certify that all (indicate type of material) called for by the contract conform to applicable contract requirements in every particular. (For meats only, the contractor must also state that "no distressed, reconditioned meat has been used.")
(2) Such materials consist of the following: (Specify quantity, manufacturer and nomenclature for each item.)
Signature and Title of Certifying Official
Distribution: One copy to origin inspector, when applicable. One copy with shipment when origin USDA/USDC inspection is not required. One copy with invoice for payment when DD Form 250 is not used.
(d) It is the intent of the government to be able to rely on the certificate of conformance. To assure that the certificate is reliable, the government reserves the right to perform verification testing of each component for which specifications are established in the contract. Random samples shall be personally selected by the cognizant government inspector. Random samples of packaging, labeling, packing and marking materials shall be submitted to the DLA analytical laboratory with a copy of the DD Form 1222 furnished to DSCP-HSQ. Food component materials shall be sent to the laboratory servicing the inspector’s organization. All costs incident to the sampling and submittal of materials shall be borne by the contractor. The reliability of the contractor’s certificate of conformance will be determined on the basis of government verification results.
(1) When it is determined by DSCP-HSQ that the DLA analytical laboratory test samples meet the contract requirements, the certificate of conformance for these materials is considered reliable.
(2) When DSCP finds the materials do not meet the contract requirements based on recognized statistical methods, the certificate of conformance is considered unreliable. The contractor shall be so advised and the particular deficiencies which render such certificate unreliable shall be identified. The unreliability status may be continued from contract to contract regardless of the particular contract on which the verification tests, or submission by contractor of nonconforming material, has occurred. The contractor is responsible for all costs incurred by the government in performing tests of future samples submitted for testing after such time as the government has informed the contractor of the unreliability status and until reliability is again established to the satisfaction of the contracting officer. Testing and administrative costs shall be assessed at the prevailing rate.
(End of Clause)
52.247-9000 Guaranteed maximum shipping weights or dimensions.
As prescribed in 47.305-3(90), insert the following clauses:
GUARANTEED MAXIMUM SHIPPING WEIGHTS OR DIMENSIONS (DEC 1985) - DLAD
Note to Administrative Contracting Officer. This award has been made on the basis of guaranteed maximum shipping weights or dimensions, and/or minimum size of shipments as specified. Take action in accordance with DLAM 8105.1, Contract Administration Manual, section 47-5, if it becomes evident that the guaranteed maximum shipping weights or dimensions will be exceeded, or if the contractor tenders delivery of less than the minimum size shipment specified, in order that action may be taken to adjust the contract price.
(End of clause)
52.247-9001 Port handling and ocean costs in bid evaluation.
As prescribed in 47.305-3(91), insert the following provision:
PORT HANDLING AND OCEAN COSTS IN OFFER EVALUATION (APR 1985) - DLAD
The above tentative port handling and ocean freight charges are set forth for the information of offerors. In evaluating offers received in response to this solicitation, the Government will utilize those charges which are on file as of the date of bid opening, or closing time specified for receipt of proposals, and effective for the date of expected initial shipment. A list of port handling and ocean freight charges actually used in evaluation, if substituted for any listed above, will be furnished interested offerors upon request.
(End of provision)
52.247-9006 FOB Destination Price Quoting Instructions -- Overseas DVD and Navy Ships.
As prescribed in DLAD 47.305-4, insert the following clause in solicitations and contracts:
FOB Destination Price Quoting Instructions -- Overseas DVD and Navy Ships (JUL 02) - DLAD
Note: This clause does not apply when the SIG (signal code) found in Section F - Additional Delivery Info is J, K, L, or M; use instructions in clause 52.247-9001 instead.
Offerors shall include the cost of transportation in their price quotes. This clause identifies the Continental United States (CONUS) location (i.e., destination) to use for price quoting purposes. This clause does not modify or supercede any shipping instructions specified elsewhere in the solicitation. The successful offeror (i.e., awardee) must contact the transportation office of the contract administration office prior to shipment for confirmation of actual delivery location.
The location (i.e., destination) to use for price quoting purposes only, in order of precedence (first to last), is as follows:
(a) Use the CONUS Break Bulk Point (BBP) or Container Consolidation Point (CCP) if one is identified in Section F - Additional Delivery Info. If one is not identified,
(b) Use the complete (i.e., contains street, city, state) CONUS shipping address, if one is identified in Section F - Delivery Information Ship To. If one is not identified,
(c) Use the following APO/FPO information in Section F - Delivery Information Ship To.
(1) If the APO/FPO is AA or AE, anticipate delivery to New Cumberland, PA. 17070; Dover, DE. 19902; or Norfolk, VA 23511.
(2) If the APO/FPO is AP, anticipate delivery to Travis AFB, CA. 94535, Tracy, CA. 95376; or San Diego CA. 92136.
If none of the above exists, access the TAC 1 (parcel post address) from the Defense Automatic Addressing Center Inquiry (DAASINQ) website at https://day2k1.daas.dla.mil/dodaac . https://www.daas.dla.mil/daasinq2/daasinq_dodaaf_menu.asp
(d) Perform a Department of Defense Activity Addressing Code (DoDAAC) query using the following as the DoDAAC:
(1) First 6 digits of the Transportation Control Number (TCN), if signal code (SIG) in Section F – Additional Delivery Info is other thanJ, K, L, or M.
(2) Supplementary address (SUPP ADD) in Section F – Additional Delivery Info, if SIG is J, K, L, or M.
If the TAC 1 is a complete CONUS shipping address, use this address. If the TAC 1 contains an APO/FPO, use the destination specified in (c)(1) or(c)(2) above.
(End of clause)
52.247-9007 FOB Destination Price Quoting Instructions -- CONUS DVD
As prescribed in DLAD 47.305-4, insert the following provision in solicitations:
FOB Destination Price Quoting Instructions -- CONUS DVD (JUL 02) - DLAD
Offerors shall include the cost of transportation in their price quotes. This clause identifies the location (i.e. destination) to use for price quoting purposes. This clause does not modify or supercede any shipping instructions specified elsewhere in the solicitation.
The location to use for price quoting purposes only, in order of precedence (first to last), is as follows:
(a) Use the CONUS break bulk point (BBP) in Section F Additional Delivery Info if one is identified. If CONUS BBP is not identified,
(b) Use the Ship To address in Section F Delivery Information.
(End of provision)
52.247-9008 FOB Destination Price Quoting Instructions -- FMS
As prescribed in DLAD 47.305-4, insert the following clause in solicitations and contracts:
FOB Destination Price Quoting Instructions -- FMS (JUL 02) - DLAD
Note: Do not use the “ship to” address (i.e., ultimate consignee) identified in Section F - Delivery Information, or an outside CONUS (OCONUS) break bulk point (BBP) if one is specified in Section F - Additional Delivery Info, for price quoting purposes. Instead, use the below procedures for price quoting purposes.
Offerors shall include the cost of transportation in their price quotes. This clause identifies the Continental United States (CONUS) location (i.e., destination) to use for price quoting purposes. This clause does not modify or supercede any shipping instructions specified elsewhere in the solicitation. The successful offeror (i.e., awardee) must contact the transportation office of the procuring activity office prior to shipment for confirmation of actual delivery location.
The location (i.e., destination) to use for price quoting purposes only, in order of preference (first to last), is as follows:
(a) CONUS break bulk point (BBP), if one is specified in Section F- Additional Delivery Info.
(b) Anywhere within a 100-mile radius of the freight forwarder address specified in Section F- Additional Delivery Info.
(End of clause)
52.247-9009 FOB Destination Price Quoting Instructions -- Canadian FMS
As prescribed in DLAD 47.305-4, insert the following clause in solicitations:
FOB Destination Price Quoting Instructions -- Canadian FMS (JUL 02) - DLAD
This requirement is for a Canadian Foreign Military Sales Customer. Offerors shall include the cost of transportation in their price quotes. The location (i.e., destination) to use for price quoting purposes is the ship to address (i.e., ultimate consignee) identified in Section F-Delivery Information.
(End of provision)
52.247-9010 FOB Destination Price Quoting Instructions – Shipment to Depot
As prescribed in DLAD 47.305-4, insert the following clause in solicitations:
FOB Destination Price Quoting Instructions -- Shipment to Depot (JUL 02) - DLAD
Offerors shall include the cost of transportation in their price quotes. This clause identifies the location (i.e. destination) to use for price quoting purposes. This clause does not modify or supercede any shipping instructions specified elsewhere in the solicitation.
(a) When the Section F Delivery Information Ship To is a Continental United States (CONUS) location, use the Ship To address.
(b) When the Section F Delivery Information Ship To is an outside CONUS (OCONUS) location, use:
(1) New Cumberland, PA. 17070 for European depots (Defense Depots Germerscheime, Germany and Sigonelli, Italy)
(2) Tracy, CA. 95376 for Pacific depots (Defense Depots Sasebo, Japan and Yokosuka, Japan)
(End of provision)
52.247-9011 Distribution Planning and Management System (DPMS) Pilot (APR 2006).
As prescribed in 47.305-8, insert the following provision:
Distribution Planning and Management System (DPMS) Pilot (APR 2006)
a. The Contractor shall:
(1) Establish a DPMS profile.
(i) Prior to initial DPMS usage, the Supplier shall establish a profile in DPMS. To create a profile, the Supplier contacts the Defense Distribution Center (DDC), (DDC Code: TOT (1-800-456-5507)) which will assign a unique User Name and Password to the Supplier.
(ii) The Contractor shall provide all required information in the profile to include:
A. Company name and address
B. Hours of operation
C. Points of contact with associated contact information (telephone numbers, facsimile numbers, and email addresses, and certification information to process hazardous materiel for air or surface shipment)
(iii) The Contractor shall update the profile as necessary to insure that the information in it is accurate.
(2) Ensure the following minimum information technology capability in order to access DPMS:
(i) Pentium personal computer or equivalent system sufficient to access the Internet.
(ii) Hewlett Packard compatible laser printer with two megabytes of memory.
(iii) Internet Explorer 5.5 or more recent version.
(iv) Adobe Acrobat 5.0 or more recent version
(v) Minimum 56 Kbps internet connection
(3) Use DPMS to plan and manage transportation under this contract:
(i) When supplies under this contract/order are ready for shipment, the Contractor shall register each shipment in DPMS by selecting the appropriate order and entering accurate weight/cube information, and availability/preferred time of pick up. (Accurate information is essential to ensure proper routing.) If a transportation order does not appear in DPMS, follow the directions in the DPMS User’s Guide (see par. A(ii)(4)) for manual entry instructions
(ii) The Military Shipping Label (MSL) and carrier information/shipping instructions should be available in DPMS within 24 hours of initial shipment registry. The carrier will be chosen by the Government may not necessarily be the preferred carrier of the supplier.
(iii) The Contractor shall print out and affix the DPMS generated MSL, print out the appropriate shipping documents, and maintain the item and shipping documents until the Government-provided transporter picks up the item(s).
b. The Contractor shall not invoice for transportation costs since the Government is providing transportation pursuant to the DPMS Pilot Program.
c. Use DPMS to contact the applicable transportation office prior to shipping, this will satisfy transportation notification requirements specified in Section B.
d. Contact DDC (1-800-456-5507) if DPMS cannot be accessed, or if there are other transportation-related difficulties or questions.
e. The Contractor acknowledges that participation in the DPMS Program applies to this contract/order only and any costs of participation will be borne solely by the contractor and not charged to the Government, either directly or indirectly as a component of cost or product price.
END OF CLAUSE
52.247-9012 Requirements for treatment of wood packaging material (WPM).
As prescribed in 47.305(c)(91), insert the following clause:
REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) – (Feb 2007) – DLAD
(a) THIS CLAUSE ONLY APPLIES WHEN WOOD PACKAGING MATERIAL (WPM) WILL BE USED TO MAKE SHIPMENTS UNDER THIS CONTRACT. AND/OR WHEN WPM IS BEING ACQUIRED UNDER THIS CONTRACT.”
(b) Definition.
Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).
(c) All Wood Packaging Material(WPM) used to make shipments under DOD contracts and/or acquired by DOD must meet requirements of International Standards for Phytosanitary Measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.
(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood Packaging Material Program and WPM Enforcement Regulations (see http://www.alsc.org/).
(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall 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 of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, 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 ASLC approved DUNNAGE stamp.
(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."
(End of clause)
52.247-9013 F.O.B. Origin and/or F.O.B. Port(s) of Loading (Destination) in Offer Evaluation
As prescribed in 47.305-6(e) insert the following provision:
F.O.B. ORIGIN AND/OR F.O.B. PORT(S) OF LOADING (DESTINATION) IN OFFER EVALUATION (AUG 2007) - DLAD
(a) As selected below by the Government, offers shall be submitted:
[ ] on the basis of both f.o.b. origin and f.o.b. port of loading (destination) for items __________. The Government will award on the f.o.b. basis determined by the contracting officer to be the most advantageous to the Government. An offer on the basis of f.o.b. origin only or f.o.b. port of loading (destination) only is acceptable, but will be evaluated only on the basis submitted.
[ ] only on the basis of f.o.b. port of loading (destination) for items _________. Offers submitted on any other basis will be rejected as nonresponsive.
[ ] only on the basis of f.o.b. origin for items __________. Offers submitted on any other basis will be rejected as nonresponsive.
(b) If the offeror designates and/or nominates more than one U.S. port of loading in FAR 52.247-51 or its alternates for evaluation of its offer, but intends a separate or different price applicable to each port of loading, the offeror shall identify in its offer the price(s) applicable to each item, quantity, and port of loading. Absent such identification, the same price(s) shall apply for each item and quantity for all port(s) of loading designated or nominated.
(c) [ ] When checked, logistics requirements limit the port of loading to the ports listed by the Government in (d) of FAR 52.247-51 or its alternates. Any nominations for additional ports by the offeror in (e) of FAR 52.247-51 or its alternates will not be evaluated.
(End of provision)
52.247-9014 Evaluation of Offers via Export Aerial Ports
As prescribed in 47.305-6 insert the following provision:
EVALUATION OF OFFERS VIA EXPORT AERIAL PORTS (AUG 2007) – DLAD
[__] (a) F.O.B. Aerial Port of Embarkation (Destination): Offers will be evaluated on the basis of the lowest cost to the Government at the overseas Aerial Port of Debarkation (APOD). Included in this evaluation, in addition to the price to the United States Aerial Port of Embarkation (APOE) will be the aerial shipping costs from the APOE to the overseas APOD. Offeror must insert in this paragraph at least one of the aerial ports shown in paragraph (c) as the place of delivery for each f.o.b. destination offer.
CAUTION: If a port is not inserted by the offeror, evaluation will be made to a port in paragraph (c) geographically nearest offeror's shipping point.
Place of Delivery:
ITEM NO. PORT ITEM NO. PORT ITEM NO. PORT
[__] (b) F.O.B. Origin, Transportation under Government Bill of Lading: Offers will be evaluated on the basis of the lowest cost to the Government at the overseas Aerial Port of Debarkation (APOD). Included in this evaluation, in addition to the f.o.b. origin price of the item, will be the inland transportation costs from the point of origin in the United States to the Aerial Port of Embarkation (APOE) and aerial shipping costs from the APOE to the oversea APOD. The Government will designate the mode and routing at time of shipment and may load from other than those aerial ports specified for evaluation purposes.
[ ] (c) Aerial Port(s) of Embarkation and Shipping Costs for Evaluation of Offers:
NOTE: Aerial transportation charges are assessed by pound or cube. The cubic foot measurement is multiplied by the cube density minimum of 12.5 pounds per cubic foot and compared to the weight. The larger of the two, actual weight or cube weight, is used for computing charges.
SOL Item Number
Overseas APOD Code
APOE LOCATION COST PER
POUND
CHS-Charleston, AFB, SC
DOV-Dover AFB, DE
NGU-NAS Norfolk, VA
SUU-Travis AFB, CA
TCM-McChord AFB, WA
WRI-McGuire AFB, NJ
(end of provision)
ALT I Add paragraph (d) for awards utilizing F.O.B. Destination:
(d) This award is based on shipment to APOE:_____________________.
(end of provision)
ALT II Add paragraph (d) for awards utilizing F.O.B. Origin:
(d) This award is based on evaluation to APOE:_____________________.
(End of provision)
52.247-9015 Loading Capabilities for Bulk Shipments DLAD (Aug 2007)
As prescribed in 47.305-3(92) insert the following clause:
LOADING CAPABILITIES FOR BULK SHIPMENTS DLAD (Aug 2007) – DLAD
(a) For the method(s) of shipping as specified in the schedule, the bidder shall indicate each type of conveyance into which it can load or fill bulk products:
[ ] Transport Truck
[ ] Tank Wagon
[ ] Tank Car
(b) To assure appropriate routing for F.O.B. Origin shipments from the contractor's shipping point, specify below the location of the shipping point.
STREET ADDRESS, CITY, STATE, ZIP CODE CARRIER
SHIPPING POINT (RAIL-PRIVATE SIDING)
SHIPPING POINT (TRANSPORT TRUCK, TRUCK AND TRAILER, TANK WAGON)
(End of Clause)
52.247-9018 Utilization of Containers (Seavans) for Export Shipments
As prescribed in 47.507(c) insert the following clause:
UTILIZATION OF CONTAINERS (SEAVANS) FOR EXPORT SHIPMENTS (SEP 2007) – DLAD
(a) The government reserves the right, where the origin points of successful offerors permit containerized shipments, to direct any or all shipments on contracts resulting from this solicitation to be made in containers.
(b) The responsible transportation officer may direct container shipments on awards providing for delivery F.O.B. origin.
(c) Only the contracting officer is permitted to direct thru-container movement on F.O.B. destination offers or awards. When container shipment is directed, the government will bear the transportation costs. In such event, the offer/contract price of the supplies shall be reduced as follows:
(1) Shipments planned for transport by contractor-owned or leased truck(s), and so certified by the contractor, shall be reduced in contract price by an amount equal to 70% of the lowest applicable rate(s) published in common carrier tariffs as of the date of shipment.
(2) Shipments planned for transport by common or contract carrier shall be reduced in contract price by the applicable published tariff rate(s) for commercial shipments by common carrier, or by the transportation rate(s), if any, agreed upon between the contractor and his carrier and which would have been payable.
(d) The conversion of F.O.B. terms will be by contract modification. However, the government further reserves the right to award any resulting contracts on the basis of an origin container movement where available container service is established before award at the origin point of a successful offeror. The contract price for such award will be that price adjusted downward on the basis set forth in paragraph (c) above.
(e) When thru-container movement is directed, the responsible government transportation officer (after coordination with the contractor) shall order the container(s) from the carrier for stuffing by the contractor, and furnish partially prepared government bills of lading (GBLs) or partially prepared transportation control and movement documents (TCMDs), and partially prepared seavan consists, DD Form 3542, with mailing envelopes, as applicable.
(f) The contractor will be responsible for:
(1) Advising the above transportation officer of the following:
(i) Requirements for GBLs.
(ii) Number of containers required for loading and placement of containers.
(iii) Date(s) containers are required.
(iv) If containers have not arrived as scheduled.
(v) If it is desired to change the placement of the containers.
(2) Stuffing (loading) and sealing the container.
(3) For perishable supplies:
(i) Maintaining seavan refrigeration if there are delays in loading.
(ii) Assuring that the thermostat is set at appropriate temperature when loading is completed.
(4) Documentation.
Complete two copies of seavan consist, DSCP Form 3542, or equivalent automated listing which identifies the seavan and line item contents thereof, place them in waterproof envelope marked “MILSTAMP Documentation” and attach either to the interior of the loading door of the van or to one of the packages visible immediately upon opening. Instructions as to additional distribution of the consist document will be provided by the responsible government transportation officer. When partially prepared seavan consists are not furnished, place into the above-mentioned envelope two copies of a contract, delivery order, packing/loading list, or other document which identifies the contents, the transportation control number (TCN), date shipped, van number, seal number, van owner, seavan TCN, total pieces, total weight and total cube.
(5) Applying shipment address marking on a waterproof military shipping label (DD Form 1387), and attaching to the rear exterior of the seavan. (Note: No address markings are required to be applied to the supplies loaded in the container.)
(6) When partially prepared GBLs are furnished:
(i) Completing the GBL by inserting thereon the following:
(A) Seavan Number (not license number).
(B) Seal Number and whether carrier or shipper applied the seal.
(C) Total number of pieces in the seavan.
(D) total gross weight of all pieces in the seavan.
(E) Total cube of all pieces in the seavan.
(F) Date shipped.
(G) Include the statement: “Shipper’s Load and Count”.
(H) Signature of driver.
(ii) Distributing the completed GBL as follows:
(A) One signed original GBL (SF 1103) and four copies (1 blue, 1 pink and 2 white copies standard forms 1103B, 1104, 1105 and 1106) to carrier.
(B) Retain 1 yellow memorandum copy (SF 1103A).
(C) Forward 3 yellow memorandum copies (SF 1103A) to transportation officer.
(D) Attach 1 yellow memorandum copy (SF 1103A) marked “Invoice Copy” to invoice.
(7) When partially prepared TCMDs are furnished:
(i) Completing the TCMD by inserting thereon the following:
(A) Block 2 - Container Number.
(B) Block 15 - Date Shipped.
(C) Block 22 - Number of Pieces.
(D) Block 23 - Gross Weight.
(E) Block 24 - Total Cube.
(ii) Distributing as follows:
(A) Attach signed original (marked “Invoice Copy”) to invoice.
(B) Three copies to carrier.
(C) One copy to the transportation officer.
(D) One copy to be retained by contractor.
(8) Submitting a report of shipment (REPSHIP) by telephone to the transportation officer immediately after the seavan has been loaded, furnishing the following information:
(i) GBL Number(s).
(ii) Van Number(s).
(iii) Seal Number(s).
(iv) Commodity.
(v) Total Number of Pieces.
(vi) Total Weight.
(vii) Total Cube.
(viii) Date Shipped.
(9) Any detention charge for each container not released to the carrier within the free time authorized by the carrier.
(10) Complying with any additional instruction peculiar to a particular commodity, when provided by the transportation officer.
(End of Clause)
52.247-9019 Shipments Direct to Port Terminals for Export
As prescribed in 47.303-10(90) insert the following clause:
SHIPMENTS DIRECT TO PORT TERMINALS FOR EXPORT (SEP 2007) – DLAD
(a) Contractor agrees to ship within the shipping period in the export release (when such release is required) for semiperishable subsistence, or in the contract/order for perishable subsistence. The contractor shall be responsible for any additional charges that may accrue at the port terminal due to nonacceptance because of untimely delivery.
(b) Transportation Control Number (TCN).
The principal means of export shipment identification is the 17 digit alphanumeric code known as the TCN, e.g., AK4WC 15090 7800 XAX.
(1) Configuration of the first 15 digits shall be set forth in the contract. When a determination is made to use seavan containers for semiperishable acquisitions, the responsible transportation officer shall furnish an additional TCN for use solely in the marking and control of the seavan.
(2) The last 2 digits shall be inserted by the contractor. The 16th digit shall be used to identify the partial and/or complete shipment. The 17th digit shall always be “X”.
(i) If only one load constitutes a complete shipment, the 16th digit will be “X”.
(ii) If there are 25 carloads/truckloads or less with the same TCN, the 16th digit shall reflect each partial shipment utilizing the letter “A” for the first load, “B” for the second, etc., except that the letter “X” shall not be used and the letter “Z” shall always be used to identify the final shipment.
(iii) When there are more than 25 carloads/truckloads, an additional TCN shall be provided by the responsible transportation officer to identify separately the 25th and each subsequent partial, including the last partial. The final shipment shall be indicated by using “Z” as the 16th digit in the TCN provided.
(c) Notice of Shipment.
On the day shipment is made, contractor shall send a notice to the contracting officer who awarded the contract and to the DCMA administrative contracting officer when the contract has been assigned to DCMA for administration. The telegram shall indicate the contract number, purchase request number, quantity shipped, method of shipment, name of carrier and bill(s) of lading number(s).
(d) Advance Notice of Proposed Shipment.
The contractor shall provide the following information to the responsible transportation officer when the number of pieces, weight or cube for proposed shipments is other than set forth in the contract:
(1) TCN (including all TCNs in a consolidated shipment). |
Such information must be furnished 10 days in advance of shipment if shipping point is outside the port terminal area or 3 days in advance for shipments originating in the port terminal area.
(e) Documentation to Accompany all Seavan Shipments.
Four copies of a document showing the contents of the van, and including the words “date stuffed” with such date, will be placed in a waterproof envelope marked “milstamp documentation” and attached either to the interior of the loading door of the van or to one of the packages visible immediately upon opening. (This document may be any one of the following: contract, delivery order, packing/loading list, DD Form 250, transportation control and movement document (TCMD), bill of lading or other document which identifies the contents.)
(End of Clause)
52.247-9020 Advance Notice of Late, Short or Non-Shipment of Supplies
As prescribed in 47.207-5(90) insert the following clause:
ADVANCE NOTICE OF LATE, SHORT OR NON-SHIPMENT OF SUPPLIES (SEP 2007) – DLAD
Deliveries shall be made at the time and place specified in individual calls/purchases against this blanket purchase agreement. Suppliers shall notify the cognizant contracting officer, contracting officer’s representative, or destination customer, as appropriate, at least 24 hours prior to the scheduled time for delivery, if the scheduled delivery will be more than one hour late, will be less than the quantities purchased and/or when the scheduled delivery will not be made.
(End of Clause)
52.247-9022 Evaluation of Transportation Costs – Order Quantity
As prescribed in 47.306-1(d)(90) insert the following provision:
EVALUATION OF TRANSPORTATION COSTS – ORDER QUANTITY (SEP 2007) – DLAD
Evaluation of the Government's transportation costs will be based upon the minimum order quantity with weight factors computed from estimated or guaranteed shipping data as provided.
(End of Provision)
52.247-9023 Evaluation of Transportation Costs – Bulk Shipments
As prescribed in 47.306-1(d)(91) insert the following provision:
EVALUATION OF TRANSPORTATION COSTS – BULK SHIPMENT (SEP 2007) – DLAD
F.O.B. origin offers will be evaluated on an estimated weight of 9.2 pounds per gallon. For evaluation purposes only, transportation costs will be based on one tank car not exceeding 10,000 gallons or the maximum gallon capacity of one tank car or tank truck (where authorized) whichever produces the lowest cost.
(End of Provision)
52.247-9024 F.O.B. Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees Within CONUS or Canada
As prescribed in 47.304-4(90) insert the following clause:
F.O.B. ORIGIN BY NON-CONUS OR NON-CANADIAN OFFERORS FOR DELIVERY TO CONSIGNEES WITHIN CONUS OR CANADA (NOV 2007) – DLAD
(a) Continental United States (CONUS) is defined as being the 48 contiguous states and the District of Columbia.
(b) This provision applies only to those CLIN(S) inviting offers on an F.O.B. origin basis which will be shipped from outside CONUS or Canada to consignees within CONUS or Canada.
(c) Offers, based on furnishing supplies that are to be manufactured and shipped from locations outside CONUS or Canada to consignees within CONUS or Canada, must be submitted based on delivery to an F.O.B. CONUS carrier at one or more of the port cities listed below and comply with the requirements of FAR 52.247-29 F.O.B. Origin and FAR 52.246-2 Inspection of Supplies - Fixed Price. Supplies will be subject to inspection at the delivery point by the Government QAR to determine whether any loss or damage occurred during transit from the overseas shipping point to the delivery point for which risk of loss is on the contractor per FAR 52.246-16 - Responsibility for Supplies.
New York, New York Seattle, Washington
Baltimore, Maryland Oakland, California
Norfolk, Virginia Los Angeles, California
New Orleans, Louisiana
(d) Offers will be evaluated by adding transportation costs from the delivery point, designated by the offeror, to the CONUS consignee specified in the solicitation.
(e) Offerors must specify below, as the delivery point, one or more of the port cities listed in paragraph (c) above. If the offeror fails to specify one or more of such cities or the offeror specifies a port city that cannot be used for evaluation, the offeror agrees to deliver the supplies to the above listed port city which is closest to the CONUS destination for each CLIN and the offer will be evaluated accordingly. If the offeror specifies a CONUS port city other than those listed in paragraph (c) above, if possible, that port will be used for the purpose of evaluating the offer and the supplies will be delivered accordingly:
CLIN DELIVERY PORT
(End of Clause)
52.247-9025 F.O.B. Origin by Non-CONUS or Non-Canadian Offerors for Delivery to Consignees Outside CONUS or Canada
As prescribed in 47.304-4(91) insert the following clause:
F.O.B. ORIGIN BY NON-CONUS OR NON-CANADIAN OFFERORS FOR DELIVERY TO CONSIGNEES OUTSIDE CONUS OR CANADA (NOV 2007) – DLAD
(a) Continental United States (CONUS) is defined as being the contiguous 48 states and District of Columbia.
(b) This provision applies only to those CLIN(S) inviting offers on an F.O.B. origin or F.O.B. port of loading basis for supplies to be delivered to consignees outside CONUS or Canada. The overseas destination(s) for the supplies to be furnished under this solicitation are as follows:
CLIN OVERSEAS DESTINATION
(c) If delivery to the consignee can be affected by land transportation, offers must be based on delivery F.O.B carrier at the place where inspection and acceptance is to be performed, notwithstanding. Offerors must specify the F.O.B. point below:
CLIN F.O.B. POINT
(d) If delivery to the consignee requires ocean or water transportation, offers must be submitted based on delivery F.O.B. Port of Loading of the country of origin. Offerors must designate the Port of Loading below:
CLIN PORT OF LOADING
(e) Offers will be evaluated on the basis of the cost of delivery to the consignee via methods compatible with the required delivery dates and conditions affecting transportation known at the time of evaluation. If ocean or water transportation is involved, port handling charges at the port of loading, shipping costs to the port of discharge, port handling charges at the port of discharge, and inland transportation costs to the consignee will be included in the evaluation.
NOTE: Failure of offerors to designate a delivery point in either paragraphs (c) or (d) above may render such offers non-responsive.
(End of Clause)
52.249-9000 Administrative costs of reprocurement after default.
As prescribed in 49.402-6(90), insert the following clause:
ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER DEFAULT (MAY 1988) - DLAD
If this contract is terminated in whole or in part for default pursuant to the clause included herein entitled "Default," and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, as provided in paragraph (b) of the "Default" clause of the contract, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of [insert administrative cost figure] as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for default following which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.
(End of clause)