This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice.
This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted to BETASAMS.
The RFQ number is SPMYM3-20-Q-6037. This solicitation documents and incorporates provisions and clauses in effect through FAC 2020-07 2 and DFARS Change Notice 2020065. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dfars/html/current/252201.htm .
The NAICS code is 325211, FSC Code 9330 and the Small Business Standard is 1,250 Employees. This requirement is a 100% Small Business Set-Aside.
Description
Item 0001: 6.0” DIAMETER DELRIN DE-588 AF ROD. BROWN.
Quantity Needed: 20 (CHANGED TO 20 from 18) 20 is now the quantity needed.
Unit of Measure Feet
Item 0002 DATA REQUIREMENTS, SEE EXHIBIT “A” Attachment (1 page total)
ITEM 0002: See Exhibit “A” Seq A001: CDRL DI-MISC-81356A (Certificate of Compliance).
ITEM 0002: See Exhibit “A” Seq A002: CDRL DI-MISC-80678 (Certification / Data Report).
Delivery Location
Portsmouth Naval Shipyard, Receiving Officer, Bldg. 170, Code 501.2,
Kittery, ME 03905.
Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirement and quality control. FOB destination
The Portsmouth Naval Shipyard requests responses from qualified sources capable of providing:
Vendor to Provide the Following (Required):
DELRIN Type Plastic is being requested, substitutes are NOT authorized.
Manufacturer (required):
Place of Manufacture:
Expected Delivery Date:
Vendor Cage Code:
Contact information to include, primary point of contact, phone number and email
MATERIAL INFORMATION
ITEM DESCRIPTION U/I QTY UNIT PRICE TOTAL PRICE
0001 6.0” DELRIN DE-588 AF ROD Feet 20
**(this was formerly 18, now its 20)
**Vendors are strongly encouraged to include shipping, freight and other overhead costs into a single unit price.
Evaluation criteria is Lowest Price Technically Acceptable (LPTA) however, SPRS will be used to determine vendor responsibility.
Potential contractors will be screened for responsibility in accordance with FAR 9.104.
Quotes must be emailed to steven.1.bonavita@dla.mil
All quotes shall include price(s), a point of contact, name and phone number, GSA contract number if applicable, business size, cage code, and payment terms. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.
A reverse auction may be held.
Note: Attachment Total of 1 pages
The following clauses are applicable to this procurement:
52.204-7 System for Award Management
52.204-13, SAM Maintenance
52.204-19 Incorporation By Reference Of Representations And Certifications (Dec 2014)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)
52.204-26 Covered Telecommunications Equipment or Services-Representation
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation
52.211-14, Notice of Priority Rating
52.211-15, Defense Priority And Allocation Requirements
52.211-17, Delivery of Excess Quantities
52.212-1, Instructions to Offerors
52.212-3 Alt I Instructions to Offerors Evaluation Offeror Reps and Certs
52.212-4, Contract Terms and Conditions – Commercial Items
52.215-9023, Reverse Auction
52.222-22 Previous Contracts & Compliance Reports
52.222-25 Affirmative Action Compliance
52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Reps and Certs
52.232-39, Unenforceability of Unauthorized Obligations
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
52.242-15 Stop Work Order
52.243-1, Changes Fixed Price
52.246-1, Contractor Inspection Requirements
52.247-34, F.O.B—Destination
52.252-1, Solicitation Provisions Incorporated by Reference
52.252-2, Clauses Incorporated by Reference
52.252-6, Authorized Deviations in Clauses
52.253-1, Computer Generated Forms
252.203-7002, Requirement to Inform Employees of Whistleblower Rights
252.204-7003. Control of Government Personnel Work Product
252.204-7008 DEV Compliance With Safeguarding Covered Defense Information Controls
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
252.223-7008 Prohibition of Hexavalent Chromium
252.225-7001 Buy American Act & Balance of Payments Program
252.225-7002 Qualifying Country Sources as Subcontractors
252.232-7010, Levies on Contract Payments
252.243-7001, Pricing of Contract Modifications
and 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items including: 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards, 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation, 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-6 ALT 1 Notice of Total Small Business Set-Aside, 52.219-28 Post Award Small Business Program Representation, 52.222-3 Convict Labor, 52.222-19 Child Labor – Cooperation with Authorities and Remedies, 52.221-21 Prohibition of Segregated Facilities, 52.222-26 Equal Opportunity, 52.222-36 Equal Opportunities for Workers w/ Disabilities, 52.222-50 Combating Trafficking in Persons, 52.223-11 Ozone Depleting Substances, 52.223-18 Encouraging Contractor Policies to Ban Test Messaging While Driving, 52.225-13 Restrictions on Certain Foreign Purchases.
Note ***** Provisions 52.204-24 and 252.204-7016 MUST be filled in to be considered for this award.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
As prescribed in 4.2105(a), insert the following provision:
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(d) Representations. The Offeror represents that—
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
252.204-7016 Covered Defense Telecommunications Equipment or Services --
Representation (Dec 2019)
(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.
(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(End of provision)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available
information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications
equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
(End of provision)
Additional contract terms and conditions applicable to this procurement are:
DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials,
DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials
DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information Deviation 2016 O0001)
DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors
DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DFARS 252.209-7999, Representation by Corporations regarding an Unpaid Delinquent Tax Liability
252.225-7048 Export – Controlled Items
DFARS 252.244-7000 Subcontracts for Commercial Items
DFARS 252.247-7023 Transportation of Supplies By Sea
Local Clauses:
YM3A1
INVOICING AND PAYMENT INSTRUCTIONS:
Contracting Officer’s point of contact is:
Steven Bonavita, Code KME Tel: 207-413-222-4680
steven.1.bonavita@dla.mil
Submit invoices via Wide Area Workflow (https://wawf.eb.mil) in accordance with the instructions contained in FAR 252.232-7006 (Wide Area Workflow Payment Instructions).
Calls inquiring on payments can be made to DFAS Columbus Customer Service at 800-756-4571.
WAWF invoice/reject inquiries can be made to ask DFAS by email at: https://www.dfas.mil/dfas/AskDFAS/
The DFAS website is https://www.dfas.mil/dfas/AskDFAS/DoDAAC.html
YM3C500,
MERCURY CONTROL (SUPPLIES)
Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract.
YM3C528,
SPECIFICATION CHANGES
No changes to specification or other contract technical requirements are allowed without Contracting Officer approval
YM3D2,
MARKING OF SHIPMENTS
The contractor shall mark all shipments of military packaged items in accordance with MIL-STD-129 (Latest Revision) “Marking for Shipment and Storage” and all commercially packaged items in accordance with ASTM-D-3951 (Latest Revision) “Standard Practice for Commercial Packaging”.
ALL EXTERIOR CONTAINERS/PACKS SHALL AS A MINIMUM BE MARKED AS FOLLOWS:
1. Applicable National Stock Number (NSN), Federal Stock Number (FSN), Local Stock Number (LSN), or Part Number, when neither NSN nor FSN or LSN are available.
2. Quantity
3. QA Designator: 3
4. Government Contract or Purchase Order Number (incl. Delivery Order No)
5. From: (Contractor’s Name and Address)
6. To: (Shipment Address)
7. Markings may be applied by any means, which provide legibility
8. Additional markings required are stated below:
None
YM3D4,
PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS)
Preservation, packaging and packing shall be in accordance with ASTM Designation D-3951(Latest Revision), “Standard Practice for Commercial Packaging
YM3D8,
PROHIBITED PACKING MATERIALS
The use of asbestos or excelsior is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.
YM3E2,
INSPECTION AND ACCEPTANCE (DESTINATION)
Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. Receiving activity shall execute acceptance certificate on the applicable inspection and receiving report form: DD Form 1155, Standard Form 44, DD form 250, or the Wide Area Workflow (WAWF) Receipt and Acceptance Receiving Report. The executed payment copy shall be forwarded to the paying office within four (4) workdays thereafter.
YM3F500
CONSIGNMENT INSTRUCTIONS FOR DELIVERIES TO THE PORTSMOUTH NAVAL SHIPYARD
Consign Parcel Post shipments to Portsmouth, NH 03801.
For access to the Portsmouth Naval Shipyard (PNS), contact PNS Security Pass Office at 207-438-2235/2614.
MARK SHIPPING DOCUMENTS: “Notify Receiving Officer, Portsmouth Naval Shipyard prior to arrival for delivery instructions. Telephone: 207-438-5521/5206”.
NOTICE: CARRIER’S DRIVERS ENTERING PORTSMOUTH NAVAL SHIPYARD MUST BE UNITED STATES CITIZENS BY BIRTH OR MUST CARRY EVIDENCE OF NATURALIZATION.
Except by special arrangement, shipments will be received only between the hours of 7:00 AM and 2:30 PM local time, Monday through Friday (Federal Holidays excepted).
YM3 E504
NOTICE OF CONSTRUCTIVE ACCEPTANCE PERIOD
Contractors are hereby advised that the constructive acceptance period established in accordance DFARS 232.904 and, as applicable in either 52.212-4 (i) (2) or 52.232-25 (a) (5) (I) (Prompt Payment), is revised to 45 calendar days in lieu of 7 calendar days.
DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)
(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 legal counsel. 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.
DLAD Procurement Notes
C01 Superseded Part Numbered Items (SEP 2016)
If an item part number is superseded during the term of this contract, the contractor shall advise the contracting officer immediately upon determination. The notice shall include complete information on the superseding item form, fit, function, configuration, application, or physical nature. The contracting officer will determine whether the item is acceptable to the Government, advise the contractor within seven days, and modify the contract accordingly.
C02 Manufacturing Phase -Out or Discontinuation of Production, Diminishing Sources, and Obsolete Materials or Components (DEC 2016)
The contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete materials or components. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, written authorization of the contracting officer.
In the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the contractor is required to notify the contracting officer and publish the discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible; and to provide immediate advance notice of production phase-out to DLA DMSMS at dscc.dmsms@dla.mil.
C03 Contractor Retention of Supply Chain Traceability Documentation (SEP 2016)
(1) By submitting a quotation or offer, the contractor agrees that, when the contractor is not the manufacturer of the item, it is confirming that it currently has or will obtain before delivery and shall retain documented evidence (supply chain traceability documentation) that the item is from the approved manufacturer and conforms to the technical requirements. The retention period is five years after final payment under this contract.
(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, where available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.
(3)Examples of acceptable supply chain traceability documentation can be found at: http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/
(4) The contractor shall immediately make available documentation upon request of the contracting officer. The contracting officer determines the acceptability and sufficiency of documentation. If the contractor fails to retain or provide the documentation or the contracting officer finds the documentation to be unacceptable, corrective action may be taken including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.
C04 Unused Former Government Surplus Property (DEC 2016)
To be considered for award, the offeror must complete and submit the following representation with their offer. Additional supporting documentation to demonstrate the surplus material offered was previously owned by the Government and meets solicitation requirements must be provided within 24 hours of request by the contracting officer.
- 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., Commercial 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 does not affect form, fit, function, or interface. Yes__ No __ Unknown __ The material was manufactured by:
(Name): _____
(Address): ____ _
- The offeror currently possesses the material Yes __ No __
If yes, the offeror purchased the material from a Government selling agency or other source. Yes __ No __ If yes, provide the following:
Government Selling Agency ___
Contract Number ____
Contract Date: (Month, Year): _____ _
Other Source ___
Address _____
Date Acquired: (Month/Year) ____
- The material has been altered or modified. Yes __ No __
If Yes, the offeror must provide the name of the company that performed the alteration or modification and attach or forward to the contracting officer a complete description of the alterations or modifications.
- 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 provide information on the company that reconditioned the material with the certifications and 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, (i) the price includes replacement of cure-dated components. Yes __ No __; and (ii) provide cure date to the contracting officer.
- 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. ____ _
- 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_____ _
- 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 ___
- The material is manufactured 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___ _
- 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 (iv) number of items
inspected is ____ _; and (v) a written report was prepared. Yes __ No __; and if Yes, the offeror has attached the written report or forwarded it to the contracting officer. Yes__ No__
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.
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 DLA Disposition Services Form 1427, Notice of Award, Statement and Release Document.
___ For DLA Disposition Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass
document and invoices/receipts used by the original purchaser to resell the material.
___ 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.
This 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 DLAD procurement note L04, Offers for Part Numbered Items.
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.
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. The surplus 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. If higher-level contract quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.
C14 Repackaging or Relabeling to Correct Deficiencies (AUG 2017)
The Government may correct packaging or labeling deficiencies if the estimated costs of the corrections are $300 or less ($500 for C&T items). The contracting officer will advise the contractor of the discrepancy and that the Government has completed the repackaging or relabeling. Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies.
If the estimated costs of repackaging or relabeling are more than $300 ($500 for C&T), the contracting officer may advise the contractor of the discrepancy and have the material returned to the contractor for correction/resubmittal; or, if there are urgent requirements, have the Government remediate the
discrepancy at the contractor’s expense. Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies.
C20 Vendor Shipment Module (VSM) (AUG 2017)
(1)DLA’s Vendor Shipment Module (VSM) is a web-based system available to DLA contractors for the purpose of obtaining current shipping addresses, two-dimensional bar coded shipping labels in
accordance with MIL-STD-129P, bills of lading, packing lists, and other shipping documentation. VSM replaces the need for the contractor to contact the transportation office prior to shipping items. The use of VSM for f.o.b. destination contracts allows for the printing of labels and can also be used to print labels and arrange for shipping on f.o.b. origin contracts.
(2) To obtain information for contracts administered by DLA or to register as a VSM user, contact the DLA VSM Helpdesk at (800) 456-5507 or via email to delivery@dla.mil.
(a) Prior to contacting the Government that material is ready to ship, the contractor shall complete their
VSM profile, to include regular business hours and observed holidays. The Government may request reimbursement for occurrences when the Government sends carrier equipment but is unable to pick-up a shipment due to the material not being available or the contractor being closed.
(3) To obtain information for contracts administered by DCMA, contact the DCMA VSM Helpdesk at
(314) 331-5573 or vsm.shipments@dcma.mil.
E05 Product Verification Testing (JUN 2018)
- Product verification testing (PVT) may be invoked at contract award or after contract award. If PVT is invoked at contract award, the contract will explicitly state this testing requirement and a QALI will be generated. If PVT is invoked after contract award, a QALI will be created and the DCMA quality assurance representative (QAR) will notify the contractor that testing will be performed. The PVT testing will be performed at a Government-designated testing laboratory.
(a) The contractor shall not ship or deliver any material unless directed to do so in writing by the contracting officer or until notified of acceptable PVT results.
(b) PVT results will be provided in 20 working days after receipt at the Government testing facility, unless otherwise specified in writing by the Government.
(2) The QAR will select a random sample from the contractor’s production lot. Selected PVT samples are to be shipped by the contractor with a copy of the Department of Defense DD Form 250 and the completed DD Form 1222. The packaging will be marked “Product Verification Test Samples, Contract number __________, lot/item number _."
(3) Test results will indicate one of the following:
(a) Samples that pass testing and are not destroyed during evaluation will be returned to the contractor at the Government's expense and will be included as part of the total contract quantity. The contractor and Government may agree to dispose of samples not destroyed when the cost of the item does not justify the shipping expense. Samples that pass testing and are not returned to the contractor will be considered part of the contract quantity for payment and delivery. The contractor will deliver the remaining lot quantity minus sample units.
(b) If samples fail testing, such failure will result in rejection of the entire contract lot from which the samples were taken. At the Government’s discretion, parts failing any test criteria may be retained and not be returned to the contractor.
H10 Awardee Requires No Access to DLA Controlled Technical Data or Information for Contract Performance (FEB 2020)
Awardee has confirmed it will not require access to DLA controlled technical data or information for contract performance, and it will provide items that conform to the current revision of applicable technical data.
L01 Electronic Award Transmission (SEP 2016)
Notice of awards are provided to suppliers by either:
- Electronic email containing a link to the electronic copy of the Department of Defense (DD) Form 1155, Order for Supplies or Services, on the DIBBS; or
- Electronic Data Interchange (EDI) 850 utilizing American National Standards Institute (ANSI) X12 Standards through a DLA transaction services approved Value Added Network (VAN).
Information regarding EDI, ANSI X12 transactions and DLA transaction services approved Value Added
Networks (VANs) can be obtained at https://www.transactionservices.dla.mil/daashome/edi- vanlistdla.asp.
Questions concerning electronic ordering should be directed to the appropriate procuring organization point of contact below:
DLA Land and Maritime, Helpdesk.EBS.L&M.LTCs@dla.mil DLA Troop Support, dlaedigroup@dla.mil
DLA Aviation, avnprocsysproceddiv@dla.mil, phone # 804-279-4026
L06 Agency Protests (DEC 2016)
Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate
review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.
L08 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations (APR 2018)
(1) The Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil) (formerly Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)) will be used in the evaluation of suppliers’ past performance.
- SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by
Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.
(3) The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested). The Government will use this past performance information in accordance with the basis for award stated in the solicitation.
L31 Additive Manufacturing (JUN 2018)
(1) Additive manufacturing (AM) is a process of joining materials to make objects from three- dimensional (3D) model data, usually layer upon layer, as opposed to subtractive manufacturing methodologies, which remove material from areas where it is not desired, or other traditional manufacturing technologies, such as molding or stamping.
(2)Unless AM is specifically authorized in the solicitation/contract, quotes/offers may not include parts or supplies made using the additive manufacturing process. The Government will not evaluate offers that include an item or items produced using AM, and such offers are not eligible for award for the current procurement. A quoter/offeror proposing to supply an AM-produced item may submit a request to the contracting officer for approval of the item for evaluation by the Engineering Support Activity (ESA) for acceptability for future procurements of the same items.
(3)If an item produced using AM is presented to the Government for inspection and acceptance that was not authorized in the solicitation/contract, the Government may reject the item as nonconforming
M05 Evaluation Factor for Unused Former Government Surplus Property (SEP 2016)
- All offers for unused former Government surplus property shall have a $200 evaluation factor.
- All offers for CSI require evaluation by the ESA(s). An evaluation factor of $600 shall be applied for coordination with each ESA.
If the contracting officer cannot determine acceptability and coordinates with the ESA(s) on other than CSI, an evaluation factor of $600 shall be applied for each ESA
