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DLAD PART 11 – DESCRIBING AGENCY NEEDS



PART 11 – DESCRIBING AGENCY NEEDS

TABLE OF CONTENTS

11.002 Policy.

SUBPART 11.1 – SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS

11.103 Market acceptance.

11.107 Solicitation provision.

SUBPART 11.2 – USING AND MAINTAINING REQUIREMENTS DOCUMENTS

11.201 Identification and availability of specifications.

11.204 Solicitation provisions and contract clauses.

11.272 Alternate preservation, packaging, and packing.

11.274 Policy for item unique identification of Government property.

11.290 Bar coding.

11.291 Unit package marking requirement for component lead finish – contract clause.

SUBPART 11.3 – ACCEPTABLE MATERIAL

11.301 Definitions.

11.302 Policy.

11.302-90 Use of approved sources.

11.302-91 Management of critical safety items (CSIs).

11.304-90 Solicitation provision and contract clauses for critical safety items (CSIs).

11.304-91 Solicitation provisions and clause for Government surplus material.

11.304-92 Solicitation clause.

11.304-93 Contract clause.

SUBPART 11.4 – DELIVERY OR PERFORMANCE SCHEDULES

11.401 General.

11.401-90 Responsibilities.

11.401-91 Obsolete components or materials.

11.401-92 Potential alternate sourcing strategies.

11.402 Factors to consider in establishing schedules.

11.402-90 Time Definite Delivery (TDD) standards.

11.402-91 Potential appropriate exclusions for applying TDD standards.

11.402-92 Materiel management review of DVD items.

11.402-93 VD shipments in the DoD organic distribution system.

11.402-94 Customer direct post-award monitoring and correction actions.

11.404-90 Solicitation provision.

11.404-93 Base installation.

SUBPART 11.5 – LIQUIDATED DAMAGES

11.502 Policy.

SUBPART 11.6 – PRIORITIES AND ALLOCATIONS

11.602 General.

11.603-90 Procedures for placement of contracts when normal solicitations fail.

11.604 Solicitation provision and contract clause.

SUBPART 11.7 – VARIATION IN QUANTITY

11.701 Supply contracts.

11.701-90 Procedure for closing contracts with inconsequential amounts undelivered.

11.703 Contract clause.

SUBPART 11.90 – PRODUCT PHASE-OUT

11.9001 Notification of product phase-out

11.9001-90 Solicitation provision and contract clause.

11.9002-90(a) Relief From Diminishing Manufacturing Sources Or Material Shortages Components (F-16 Program).

11.002 Policy.

SUBPART 11.1 – SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS

11.103 Market acceptance.

11.107 Solicitation Provision.

11.107-90 Compliance with Coast Guard requirements.

Use 52.211-9039, Compliance with Coast Guard Requirements, when item description states that preproduction sample approval by Coast Guard is required. Buyer will establish a separate line item on PR and add an additional 145 days to time of delivery to allow time for sample submission and approval. When this clause was included in the solicitation and the proposed awardee is awaiting approval from the Coast Guard, add only 55 days for delivery of the sample quantities. If offeror provides documentation that the item has already been approved by the Coast Guard, the requirement should be waived and no additional delivery time should be added.

For Simplified Acquisitions, any resulting award that includes the approval requirement must be a bilateral purchase order. Include FAR 52.249-8 in any resulting bilateral award. Include FAR 52.212-4 in commercial acquisitions resulting in a bilateral award. If the contractor has provided proof of Coast Guard acceptance then the approval requirement is waived and the resulting award does not need to be bilateral.

SUBPART 11.2 – USING AND MAINTAINING REQUIREMENTS DOCUMENTS

(Revised July 28, 2011 through PROCLTR 2011-21)

11.201 Identification and availability of specifications.

11.204 Solicitation Provisions and Contract Clauses.

11.204-90 Shipments of dangerous or hazardous goods or materials.

Insert the clause at 52.211-9013 in all solicitations and awards requiring shipment of dangerous or hazardous goods or materials to an Air Port of Embarkation (APOE).

11.204-91 New Drug Applications.

Use 52.211-9044, New Drug Applications, in all solicitations for pharmaceuticals and drugs.

11.204-92 Pre-market Notification.

Use 52.211-9045, Pre-market Notification, in solicitations for medical devices, except for military unique items.

11.204-93 FDA Compliance.

Use 52.211-9046, FDA Compliance, in solicitations and contracts for non-standard drugs, pharmaceuticals, biological and chemical items to be shipped to overseas destinations and subsistence items.

11.204-94 Annotation of Shipping Documents for Bulk Lubricating Oil, Engine.

52.211-9030, Annotation of Shipping Documents for Bulk Lubricating Oil, Engine, Grade OE/HDO 40, provision shall be utilized for solicitations for Bulk Lubricating Oil, Engine, Grade OE/HDO 40, MIL-L-2104E.

11.204-95 Marking Requirements for High and Low Pressure Cylinders.

Use 52.211-9031, Marking Requirements for High and Low Pressure Cylinders, in solicitations and awards for FSC 8120, cylinders.

11.204-96 Packaging and Marking Requirements.

Use 52.211-9033, Packaging and Marking Requirements, in all solicitations and awards.

11.204-97 Packaging/Marking Requirements for DMS Buys.

Use 52.211-9034, Packaging/Marking Requirements for DMS Buys, in all Simplified Acquisition Procedure solicitations and awards for FSC 5962 DMS buys requiring long term storage.

11.204-98 Marking Requirements.

Use 52.211-9035, Marking Requirements, in all solicitations/contracts for electrical components in FSG 59.

11.204-99 Physical Identification/Bare Item Marking.

Use 52.211-9036, Physical Identification/Bare Item Marking, in all solicitations and awards for DLA Land and Maritime.

11.204-100 Drawing Limitations (TACOM DLR – DLA Land and Maritime).

Insert the clause at 52.211-9064, Drawing Limitations (TACOM DLR – DLA Land and Maritime), in solicitations and awards for DLA Land and Maritime acquisitions of depot level Repairable items managed by TACOM when the Technical Data Package (TDP) transmittal form (STA FL-1) indicates any of the following:

11.204-101 Special Notice of Contractor Responsibilities for Components and Tooling (AMCOM DLR – DLA Aviation).

Insert the clause at 52.211-9065, Special Notice of Contractor Responsibilities for Components and Tooling (AMCOM DLR – DLA Aviation), in solicitations and awards for Aviation supply chain acquisitions for depot level Repairable items managed by AMCOM when the acquisition is valued greater than $150,000 and Government Furnished Property (GFP) is to be provided.

11.204-102 Required Delivery for Orders (AMCOM DLR – DLA Aviation).

Insert the clause at 52.211-9066, Required Delivery for Orders (AMCOM DLR – DLA Aviation), in solicitations and awards for BOAs, IDIQs, and Requirements type contracts for Aviation supply chain depot level Repairable items managed by AMCOM.

11.204-103 Deliveries or Performance – Time of Delivery (NAVICP DLR – DLA Aviation).

Insert the clause at 52.211-9067, Deliveries or Performance – Time of Delivery (NAVICP DLR – DLA Aviation), in solicitations and awards for DLA Aviation acquisitions of depot level Repairable items managed by NAVICP if the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract. When this clause is used, the Acquisition Specialist shall complete the fill-ins in paragraphs (a) and (c); and the clause at 52.211-9051, Time of Delivery, shall not be used.

11.204-104 Packaging, Packing, Marking and Labeling of Hazardous Material Shipments (DLA Maritime-Norfolk).

Insert the clause in full text at 52.211-9084, Packaging, Packing, Marking and Labeling of hazardous Material Shipments, in all DLA Maritime-Norfolk firm-fixed-price solicitations and awards which require shipment and delivery of hazardous Materials.

11.204-105 Prohibited Packing Materials (DLA Maritime-Norfolk and Puget Sound).

Insert the clause in full text at 52.211-9085, Prohibited Packing Materials, in all DLA Maritime-Norfolk and Puget Sound firm-fixed-price solicitations and awards.

11.204-106 Deteriorative Material Marking (DLA Maritime-Norfolk and Puget Sound).

Insert the clause in full text at 52.211-9086, Deteriorative Material Marking, in all DLA Maritime-Norfolk and Puget Sound firm-fixed-price solicitations and awards which require delivery of deteriorative material.

11.272-90 Alternate preservation, packaging, and packing.

Use 52.211-9041, Lengths, Tickets, Packaging, Marking of Cuts or Pieces in solicitations and contracts for the manufacture of textile piece goods (i.e., all woven textiles purchased in continuous lengths), and in solicitations for dyeing, finishing, or similar services on GFP textile piece goods, where the applicable specification requires a minimum length for pieces or rolls.

11.274 Item Identification and valuation.

11.274-4 Contract Clause.

11.274-4(90)

Use 52.211-9047, Manufacturer’s Make or Model Number, in solicitations for items identified by a generic NSN as evidenced by Acquisition Advice Code (AAC) W and a statement in the special message field of the PR trailer "NSN is AAC W and for acquisition purposes only."

11.274-4(91)

Use 52.211-9048, Data Name Plates, in Subsistence acquisitions for items in FSCs 4110, 7310 and 7320.

11.290 Bar coding.

(a) Policy. When using MIPR and non-DLA contracts, bar coding requirements must be addressed whenever possible. The lack of bar coding will not automatically preclude the use of such instruments. However, if a contract issued outside DLA is utilized repeatedly that doesn’t have bar coding requirements, the issue should be raised with the contracting agency in an attempt to influence the decision towards the use of bar coding. Such attempts should be fully documented.

(b) Contract clauses.

(1) Contract clause. Insert the clause at 52.211-9010, Shipping documentation – MIL-STD-129P, in all solicitations and awards that require contractor shipments of packaged materiel to the Government. For BSM acquisitions, insert the clause with its Alternate I. This clause is authorized for use in acquisitions of commercial items conducted using FAR Part 12 (see 12.301(f)(102)).

11.291 Unit package marking requirement for component lead finish – contract clause.

Insert the clause at DLAD 52.211-9063 in all solicitations and awards when the Purchase Order Text (POT) states that DLAD 52.211-9063, Unit Package Marking Requirement for Component Lead Finish, applies; including when acquisitions are conducted using FAR Part 12.

SUBPART 11.3 – ACCEPTABLE MATERIAL

(Revised July 28, 2011 through PROCLTR 2011-21)

11.301 Definitions.

"Actual manufacturer," "approved source," "critical safety item (CSI)," "design control activity," "prime contractor," and "rebranding" are defined in the clause at 52.211-9005, Conditions for Evaluation and Acceptance of Offers for Critical Safety Items.

"Alternate product" and "exact product" are defined in the provision at 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items

“Critical application item” (CAI), as used in this subpart, means an item that is essential to weapons performance, operation, the preservation of life, or safety of operating personnel, as determined by the Military Services.

“Level I” is the designation given to critical ship and submarine piping systems or other components requiring a high degree of assurance that chemical composition and mechanical properties of installed material meet the specified requirements.

“Surplus material,” as used in this subpart, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the DLA Disposition Services, by contractors authorized by DLA Disposition Services or through another Federal Government surplus program. The terms “surplus” and “Government surplus” are used interchangeably in this subpart.

11.302 Policy.

(ii) Acquire the quantity removed from the LTC separately, using whatever procedures are appropriate to the circumstances (e.g., competitive solicitation, emergency support procedures for high priority requirements, etc.)

(ii) Post announcement in FedBizOps stating NSN has been targeted for addition to the LTC; and

(1) Data provided was inadequate for evaluation, and the offer has been deemed incomplete. Cite specific reasons why the data are inadequate. (See 11.302(b)(92)(viii).

(2) The offeror was given an opportunity to provide additional data to support its offer and failed to respond with adequate and timely information. Provide specific details to the offeror to support the contracting officer’s statement(s). (See 11.302(b)(92)(viii).)

(3) The item manager does not concur in forwarding the surplus offer for review or re-evaluation, or to accommodate an extension of the ESA response time. Use the rationale provided by the item manager and provide specific reasons to the offeror why the surplus offer will not be evaluated. (See 11.302(b)(92)(ix) and (x).)

11.302-90 Use of approved sources.

It is the policy of this agency to ensure that DLA acquires only items produced by, or under the direction of, approved sources. It is also agency policy to apprise DLA’s suppliers of changes in their approval status by promptly notifying a source, pursuant to FAR 9.207(b), upon its removal from an acquisition identification description (AID); and to actively facilitate approval of these sources (see 11.302-90(a)(1)-(3)).

Note 1 Does not apply to fully automated awards, if system only permits a fully automated award when an approved source cited in the AID is offering an exact product cited in the AID.

Note 2 Contracting officers must either obtain traceability documentation prior to award, or must require suppliers in accordance with 52.211-9014 to retain documentation and provide it for review at time of Government source inspection, if applicable (see 11.302-91(a)(11)) or during random or directed post-award audits.

Note 3 Contracting officers must obtain traceability documentation prior to award.

Note 4 Quality assurance specialist (QAS) must conduct pre-award review of traceability documentation on which quality assurance letter of instruction (QALI) will be based. Referral to QAS is mandatory after award to finalize QALI. (See 11.302-91(a)(11).)

Note 5 Contracting officers must obtain traceability documentation and refer offer to technical/quality specialist prior to award.

Note 6 Technical/quality specialists must follow J3 Deskbook and local procedures to determine if ESA referral is required.

11.302-91 Management of critical safety items (CSIs).

CSIs are a subset of a larger category of parts known as Critical Application Items (CAIs); CAIs are items whose failure could affect mission, performance, readiness, or safety. CSIs are parts whose failure potentially can cause loss of life, serious injury, loss of an aircraft, or significant damage to an aircraft or associated equipment. Due to the catastrophic consequences that can result if a CSI fails to conform to design data or quality requirements, DLA personnel must follow strict policy guidelines for managing and procuring these items. When the AID includes the statement, "This is a Critical Safety Item (CSI)," contracting officers must follow the guidance in the "Acquisition Requirement" which appears under the heading, "The Following Requirements Apply to Critical Safety Items" on the purchase request (PR) trailer. Technical/quality specialists must follow the "Technical Requirement" and "Quality Assurance Requirement" under the same heading and related guidance in the J3 Deskbook.

11.304-90 Solicitation provision and contract clauses for critical safety items (CSIs) and level I items.

11.304-91 Solicitation provisionsand clause for Government surplus material.

11.304-92 Solicitation clause for retention of traceability documentation.

11.304-93 Contract Clause.

SUBPART 11.4 – DELIVERY OR PERFORMANCE SCHEDULES

11.401 General.

Absent locally coordinated operating procedures, contracting personnel will not change production leadtimes or customer required delivery dates without prior coordination with the inventory manager and industrial specialist.

11.401-90 Responsibilities.

(1) Reports and tools. Delinquency reports are available for both legacy and BSM acquisitions (i.e., the SAMMS Contract Delinquency Report (USPF-38) and the BSM Post-Award Delinquency Report). The Post-Award Workload Prioritization Procurement Business Rule can be used as a guide when practical. Additional resources may be found at BSM On-Line Help at https://dolh.bsm.dla.mil (Procurement, Procurement Job Aids, Reports, and Procurement R2.2 Release Notes).

(2) Anticipated delays in delivery.

(i) The Post-Award AS may become aware of an anticipated delay in delivery, based on information from the contractor, the Post-Award Delinquency Report, or other sources. In such cases, the Post-Award AS shall document the following information on the SAP Purchase Order (PO) in the Delivery text block:

(A) Date the information was entered in SAP PO;

(B) Reason the delay in delivery is anticipated;

(C) Approximate delay anticipated;

(D) Status or resolution; and

(E) Name and phone number of Post-Award AS.

(ii) DLA Direct items. Supply Planners use the information in the SAP PO Delivery Text block to create external SAP Material Master Item Notes on DLA Direct items when required, such as when a CAS asks for status or requests an expedite.

(iii) Customer Direct items. A CAS will contact the Post-Award AS directly for status. The CAS will then annotate the Sales Order Item Notes with the results of the research or expedite request. (For Customer Direct items, external SAP Material Master Item Notes do not require updating.)

11.401-91 Obsolete components or materials.

Subject to contracting officer approval if the Pre-Award AS has no warrant, the Pre-Award AS shall insert the clause at DLAD 52.211-9012 in solicitations and contracts when there is potential for obsolete components or materials, either based on specific historical data, or when a firm requests this clause due to possible difficulties with suppliers. If the Pre-Award AS becomes aware of an anticipated delay in award, see 11.401-90(b)(2)(i). If the Post-Award AS becomes aware of an anticipated delay in delivery, see 11.401-90(c)(2)(i). See 11.401-92 regarding potential alternative sourcing strategies.

11.401-92 Potential alternative sourcing strategies.

To resolve order fulfillment delays, the CAS will research possible sources of support, in accordance with Director, DLA Acquisition (J7) Cross Process Policy Memorandum 05-002, Expedite Policy and Processes. If contacted by a Supply Planner or CAS, the Post-Award AS, in coordination with the Product Specialist and Industrial Specialist, as applicable, may recommend consideration of one of the potential alternative sourcing strategies identified below, if appropriate. These potential alternatives would be in addition to any other actions being considered in accordance with policies at 11.401-90, 43.103(a)(90)(1)(i), and 49.101(c).

(a) If any vendor was recently removed from the purchase text acquisition identification description, an effort will be underway to facilitate that vendor’s addition back into the purchase order text in accordance with 11.302-90(a)(1). If this is the case, determine if the projected time required for evaluation is less than the anticipated order fulfillment delay.

(b) Determine if NATO Logistics Stock Exchange (NLSE) MIPR process is appropriate for use. (See BSM On-Line Helps at https://dolh.bsm.dla.mil, Procurement, Procurement Job Aid, NLSE.)

11.401 (93)

Insert the clause at DLAD 52.211-9068, Continuance of Performance During any State of Emergency (Republic of Korea) (DLA Energy), in DLA Energy solicitations and contracts when performance is in the Republic of Korea.

Factors to consider in establishing schedules: The Pre-Award AS, in coordination with Supply Planners and Product Specialists, shall ensure that delivery or performance schedules are realistic and meet Time-Phased Inventory Plan (TPIP)/customer requirements. When establishing a contract or delivery schedule, consideration shall be given to applicable factors in accordance with FAR The Pre-Award AS, in coordination with Supply Planners and Product Specialists, shall ensure that delivery or performance schedules are realistic and meet Time-Phased Inventory Plan (TPIP)/customer requirements. When establishing a contract or delivery schedule, consideration shall be given to applicable factors in accordance with FAR 11.402(a) which include urgency of need, industry standards, market conditions, and transportation time. Any contractually-binding decisions made by the Pre-Award AS are subject to contracting officer approval if the Pre-Award AS has no warrant (see 11.401-90(a)(2)). Contracting officers shall ensure that delivery or performance schedules are realistic and meet customer requirements. When establishing a contract or delivery schedule, consideration shall be given to applicable factors in accordance with FAR 11.402(a) which includes urgency of need, industry standards, market conditions, and transportation time. 11.402(a) which include urgency of need, industry standards, market conditions, and transportation time. Any contractually-binding decisions made by the Pre-Award AS are subject to contracting officer approval if the Pre-Award AS has no warrant (see 11.401-90(a)(2)).

(a)(90) When it is determined that a customer’s need date may require a shorter delivery period than initially projected, the Supply Planner and the Customer Account Specialist (CAS) will follow the policies and processes for expediting delivery in Director, DLA Acquisition (J7) Cross-Process Policy Memorandum-002 dated June 13, 2005. As part of the investigation and resolution process, the Supply Planner or the CAS may ask the Acquisition Specialist to attempt to expedite delivery. When this happens, follow the mandatory procedures in DLAD PGI 11.402(a)(90)

11.402-90 Time Definite Delivery (TDD) Standards.

Contracting officers must ensure that planned Direct Vendor Delivery (DVD) contracts comply with TDD standards for requisition processing to the maximum extent practicable in accordance with DoD Materiel Management Regulation DOD 4140.1-R, Appendix 8When cost considerations for obtaining TDD timeframes prove not to be justifiable or are impractical, contracting officers should consider other alternatives such as: 1) obtain and use DVD support for only those lower requisition priorities for which TDD can be met and use stock support for high priority requisitions; 2) contract for stock only. These business decisions must be fully supported by an economic analysis, Business Case Analysis or Vendor Stock Retention model analysis, where applicable, in accordance with PROCLTR 03-01.

In certain cases, the inclusion of a “desired and required time of delivery” provision may be helpful in determining the costs as well as the vendors’ ability to deliver rapidly. Consideration must be given to other factors including, but not limited to, those in the FAR reference listed above, in conjunction with the VSRM when developing the required BCA. For example, there are suppliers that consistently deliver a high percentage of their contract line items rapidly; yet, delivery may exceed TDD standards. If the additional time results in reduced prices and improved supply availability and readiness, this may be a situation where DVD is appropriate. In such cases, the analysis and determination should be well documented.

11.402-91 Appropriate exclusions for applying TDD standards.

There are legitimate exceptions to the policy on TDD standards for DVD contracts. Contracting officers should recognize the following as examples of appropriate exclusions from TDD standards:

The above exclusions do not apply to support for items assigned AAC D (DOD Integrated Materiel-Manager (IMM) stocked and issued) and AAC Z (Insurance/Numeric Stockage Objective item). These items must meet appropriate TDD pipeline standards. DLA customers will expect support for planned DVDs as quickly as they are supported from stock. The TDD pipeline standards are DoD Components targets that shall be met or improved upon whenever physically and economically feasible. More stringent time standards may be adopted for individual pipeline segments controlled by DLA when subsequent savings in time and improved service can be achieved.

It is recognized that several Defense Supply Centers’ (DSC) order processing systems currently use Issue Priority Group (IPG) codes in assigning delivery dates - not category requisitions (categories 1-3) referenced in DoD 4140.1-R. We expect that this condition will be corrected through business system modernization efforts. Due to anticipated time and costs required to update current systems, DSCs are authorized to continue using IPG codes in assigning delivery dates until business system modernization changes are finalized.

Materiel Management review of DVD items

The Pre-Award AS should coordinate with the Product Specialist and ensure that Customer Direct items are assigned the appropriate Acquisition Advice Code (AAC “H”). Any contractually-binding decisions made by the Pre-Award AS are subject to contracting officer approval if the Pre-Award AS has no warrant (see 11.401-90(a)(2)). The inclusion of Manager Review Codes (MRCs) shall be minimized to only those that are required (unless specifically approved by the head of the applicable Business Unit/Division/Application Group) to ensure the delivery order flows uninterrupted through the automated system. The Supply Planner shall ensure that item notes are included for all NSNs assigned to a LTC having contract delivery time frames that exceed TDD standards or for those contracts that are exempted from Customer Direct TDD requirements

11.402-93 DVD shipments in the DOD organic distribution system.

The policy of this agency is that DVD arrangements will fully support our asset visibility objectives and initiatives. DVD shipments must meet requirements of the Defense Transportation System (DTS) when those commercial shipments have to be diverted through DTS entry points. To support in transit visibility, including the customer’s ability to track and trace DVD shipments, DVD contracts shall comply with guidance provided in 52.211-9010. To simplify vendor compliance with this requirement, vendors shall be strongly encouraged to implement the Agency’s automated tool, the Distribution Planning and Management System (DPMS) on a voluntary basis. As DPMS matures, the Agency goal will be to implement DPMS across the board to all vendors.

11.402-94 Customer Direct post-award monitoring and correction actions.

As stated in FAR 42.1103, the contractor is responsible for timely contract performance. The Post-Award AS shall maintain surveillance of contractor performance as necessary to protect the interest of the Government. The Post-Award AS must aggressively monitor Customer Direct contractor performance and take appropriate and immediate action to correct contracts that are not complying with TDD standards. The Post-Award AS shall follow the policies at 11.401-90(c)(2)(i) to update delivery status. The Post-Award AS shall take appropriate contract administration actions in accordance with FAR 42.302 and 43.204, if contract delinquency occurs. Any contractually-binding decisions made by the Post-Award AS are subject to contracting officer approval if the Post-Award AS has no warrant (see 11.401-90(a)(2)). The Long Term Contract (LTC) database shall be used as a tool to monitor and obtain visibility of expiring and/or expired contract delivery dates (CDD). The DPMS may also be used to track and monitor contractor delivery performance. See 11.401-92 regarding potential alternative sourcing strategies.

11.404 Contract Clauses.

11.404-90 Solicitation provision – Business Systems Modernization (BSM) delivery terms and evaluation.

Insert the provision at 52.211-9011, Business Systems Modernization (BSM) Delivery Terms and Evaluation, in all DLA BSM solicitations.

(b) Insert 52.211-9037, Time of Delivery – DVD, in solicitations/contracts for long term contracts with planned DVD support for Customer Direct deliveries. May also be used in planned DVD solicitations/contracts that include DLA depot locations. Used in conjunction with DLAD 52.211-9011.

11.404-91

Insert the clause at 52.211-9019 in accordance with 9.306(f)(2).

Use the clause at 52.211-9026, Delays in Shipment of Products Requiring USDA Laboratory Analysis, in Solicitations and awards for products requiring USDA laboratory analysis.

11.404 Contract Clauses.

11.404-92

Insert the clause at 52.211-9032, Shipping and Routing, in solicitations and awards for Bulk Lubricating Oil: Engine, Grade OE/HDO 40, MIL-L-2104E.

11.404(a) Supplies or Services.

11.404(a)(1)(90)

52.211-9051, Time of Delivery, shall be used in fixed quantity RFPs, solicitations, and awards. For urgent buys requiring an accelerated delivery schedule, also insert FAR 52.211-11, Liquidated Damages, as appropriate in accordance with FAR 11.501 and 11.503.

11.404(a)(1)(91)

52.211-9020, Time of Delivery – Accelerated Delivery, may be used in solicitations and awards when accelerated delivery is permitted at no cost or obligation to the government. Prior approval for acceleration from the Contracting Officer or other government representative is not required.

When accelerated delivery is requested by the Government, delivery shall be included in the solicitation as an evaluation factor, allowing a preference for offers less than the REQUIRED DELIVERY SCHEDULE.

11.404(a)(1)(92)

52.211-9049, Time of Delivery – Incremental Delivery, shall be used in solicitations and awards when incremental delivery is requested by the Government. Delivery shall be included in the solicitation as an evaluation factor.

11.404(a)(1)(93)

The clause at 52.211-9054, Time of Delivery - Contracts may be used in negotiated acquisitions (RFPs). Insert NSN(s), quantity that may be ordered any calendar month, and number of days, and any additional quantity that may be ordered per month and number of days."

11.404(a)(1)(94) General Receiving and Storing Conditions (DLA Energy ).

Insert the clause at 52.211-9072, General Receiving and Storing Conditions (DLA Energy ), in solicitations and awards for DLA Energy acquisitions of Contractor-Owned/Contractor-Operated (COCO) storage services.

11.404-93 Base Installation.

Use 52.211-9038, Time of Delivery/Performance – Base Installation, in all acquisition that require installation services for FSC 34, Industrial Plant Equipment to be performed at one of the following DLA locations, DLA Aviation, DLA Land and Maritime, or DLA Troop Support.

11.404-94

Use clause 52.211-9057, Ordering/Time of Performance (Indefinite Delivery/Time and Material/Labor Hour Contract), indefinite delivery T&M/Labor Hour solicitations and awards.

11.404-94 Time of Delivery – Ordering Office.

Use clause 52.211-9069, Time of Delivery – Ordering Office, in solicitations for LTCs that do not contain First Article requirements, unless another time of delivery clause is more appropriate.

11.404-96

Use provision 52.211-9059, Time of Delivery – Alternate Delivery Schedules, in IFBs for C&T, Medical, Subsistence, or C&E items except those for IDCs or partial small business set-asides, where accelerated delivery and liquidated damages are required.

11.404-97

Clause 52.211-9060, Time of Delivery, may be used in awards for the DLA Land and Maritime regardless of what time of delivery clause was used in the solicitation to set forth a revised delivery schedule.

11.404-98

Use clause, 52.211-9061, Time of Delivery (Overlapping Orders), in LTC solicitations and contracts when maximum delivery/production rates may limit the suppliers delivery capacity.

11.404-99

Use clause, 52.211-9062, Delivery Requirements, in solicitation and awards for Clothing and Textile, Medical, and semi-perishable Subsistence (excluding Subsistence brand name resale items) items.

SUBPART 11.5 – LIQUIDATED DAMAGES

11.502 Policy.

(d) Recommendations concerning the remission of liquidated damages shall be transmitted to the General Counsel.

11.503 Contract Clauses.

11.503(a)(90)

Use 52.211-9040, Amount of Liquidated Damages, in solicitations and contracts for clothing and textiles, medical, or subsistence items when 52.211-11 is used and delivery is an evaluation factor in addition to price.

SUBPART 11.6 – PRIORITIES AND ALLOCATIONS

11.602 General.

11.603(f)

(1) Department of Commerce (DoC) Delegation 1 to 15 CFR 700 specifies that this rating authority may not be used to support procurement of end items that are commonly available in commercial markets for general consumption, do not require major modification when purchased for approved program use, and are readily available in sufficient quantity so as to cause no delay in meeting approved program requirements. This restriction applies only to end items and is not applicable to repair parts, spares and components which by their nature do not stand alone in their intended use but are incorporated into end items. On this basis, the DLA ICPs cannot rate peacetime buys of commercial end items, unless they are not available in a timely manner which might cause an adverse impact in meeting approved program requirements. The ICPs must ensure that the DPAS officer reviews contracts for end items to verify proper ratings are applied. End items with surge and sustainment requirements for may qualify for rating eligibility even though peacetime requirements don’t because of timely delivery requirements for emergencies or contingencies. When contracts have a combination of commercial and non-commercial end items on the contract, they need to specify which items are rated. A commercial item is defined in FAR 2.101.

(2) Under the DPAS regulation a person is not required to place a priority rating on an order for less than $50,000 or one half the FAR Simplified Acquisition Threshold, whichever is larger, provided that delivery can be obtained in a timely fashion without the use of the priority rating (15 CFR 700.17(f)). This does not preclude a person from rating an order under $50,000 if he chooses to do so to insure timely delivery. This threshold would also apply to the mandatory priority rating extension requirements for contractors in FAR 11.603(d)(2).

(3) Orders for eligible items placed against the various long term contracting vehicles and new business practice prime vendors/virtual prime vendors should be rated and contain a required delivery date. As a result, these orders will be considered a rated order as of the date received by the supplier, in accordance with 15 CFR 700.12(b). The basic contracting vehicle may have a rating on it, but because it does not have a specified delivery date, it is not technically considered a rated contract. It should contain a statement that orders placed against this contract will be considered rated orders. See the clause in 11.604.

11.603-90 Procedures for placement of contracts when normal solicitations fail.

11.604 Solicitation provision and contract clauses.

SUBPART 11.7 – VARIATION IN QUANTITY

11.701 Supply contracts.

11.701-90 Procedure for closing contracts with inconsequential amounts undelivered.

The contracting officer is authorized on a case-by-case basis to consider a contract completed when an inconsequential amount not falling within the variation in quantity clause remains undelivered or, in the case of brand name subsistence or less than carload lots (LCL) of perishable subsistence items, the undelivered amount is no longer required by the using activity, provided all of the following conditions exist:

11.703 Contract clause.

11.703-90

Use 52.211-9050, in solicitations, purchase orders, and negotiated contracts for aerial photographic film (FSC 6750).

11.703 (91)

Insert the clause at DLAD 52.211-9073, Determination Of Quantity (DLA Energy ), in solicitations and awards for DLA Energy overseas acquisitions of domestic bulk fuels and bulk lubes.

SUBPART 11.90 – PRODUCT PHASE-OUT

11.9001 Notification of product phase-out.

Production phase-out of DLA-managed critical application items by the manufacturer could jeopardize the Government's ability to provide continued support for weapon systems or other vital programs. Therefore, the contractor shall be advised that, in the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the contractor is required not only to publish the discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible, but also to provide advance notice to the applicable Supply Center Diminishing Manufacturing Suppliers and Material Shortages (DMSMS) point of contact (POC), as well as to the DLA DMSMS Integrated Support Team (IST).

11.9001-90 Solicitation provision and contract clause.

Use 52.211-9052, Notification to Government of and Contemplated Production Phaseout, in solicitations and awards for items designated as having “critical application.”

11.9002-90(a) Relief From Diminishing Manufacturing Sources Or Material Shortages Components (F-16 Program) (AF-Hill DLR – DLA Aviation).

Insert the clause at 52.211-9070, Relief From Diminishing Manufacturing Sources Or Material Shortages Components (F-16 Program) (AF-Hill DLR – DLA Aviation), in solicitations and awards for DLA Aviation acquisitions for depot level repairable items managed by Hill AFB, when diminishing manufacturing sources or material shortage components are applicable.

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