SOLICITATION NOTICE
83 -- **THIS IS A SOLE SOURCE REQUIREMENT** Chemical/Biological Airlock Vestibule System
- Notice Date
- 9/25/2017
- Notice Type
- Combined Synopsis/Solicitation
- Contracting Office
- NAVSUP FLC Jacksonville, Jacksonville, FL 32212
- ZIP Code
- 32212
- Solicitation Number
- N6883617R0031A
- Response Due
- 9/26/2017
- Archive Date
- 3/25/2018
- Point of Contact
- Name: Client Services, Title: Client Services, Phone: 1.877.933.3243, Fax: 703.422.7822
- E-Mail Address
-
Clientservices@fedbid.com;
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is N6883617R0031A and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated North American Industrial Classification System (NAICS) code for this procurement is 622310 with a small business size standard of $38.50M. This requirement is unrestricted and only qualified offerors may submit quotes. The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2017-09-26 13:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be Camp Pendleton, CA 92055 The FLC - Jacksonville requires the following items, Brand Name Only (Exact Match), to the following: LI 001: **THIS IS A SOLE SOURCE REQUIREMENT** **see attached justification** Chemical/Biological Airlock Vestibule System, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, FLC - Jacksonville intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing quotes, which descend in price during the specified period of time for the aforementioned reverse auction. FLC - Jacksonville is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time quotes. All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their quote using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a quote on www.FedBid.com. Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith quotes, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process. Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. This announcement constitutes the only solicitation; a formal, written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-60 and DFARS Change Notice 20120724. 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/index.htm Except as provided in FAR 4.1102(a), the contracting officer shall insert the provision 52.204-7, System for Award Management, in all solicitations. If the solicitation is anticipated to be awarded in accordance with 4.1102(a)(5), the contracting officer shall use the provision 52.204-7, System for Award Management, with its Alternate I. Note: Insert the clause 52.204-13, System for Award Management Maintenance, in solicitations that contain the provision 52.204-7. (b) Insert the clause 52.204-13, System for Award Management Maintenance, in solicitations that contain the provision at 52.204-7, and resulting contracts. (a) Insert the provision 52.204-16, Commercial and Government Entity Code Reporting, in all solicitations that include-- (1) 52.204-6, Data Universal Numbering System Number; or (2) 52.204-7, System for Award Management. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. No partial shipments are permitted unless specifically authorized at the time of award. Bid MUST be good for 30 calendar days after close of Buy. (b) Insert the provision 52.204-17, Ownership or Control of Offeror, in all solicitations that include the provision 52.204-16, Commercial and government Entity Code Reporting. (c) Insert the clause 52.204-18, Commercial and Government Entity Code Maintenance, in all solicitations and contracts when the solicitation contains the provision 52.204-16, Commercial and Government Entity Code Reporting. The contracting officer shall insert the clause 52.204-19, Incorporation by Reference of Representations and Certifications, in all solicitations and contracts. The contracting officer shall-- (a) Include the provision 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation, in each solicitation for the acquisition of products or services (including construction); and (b) Include the clause 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, in each solicitation and contract for the acquisition of products or services (including construction). (d) The contracting officer shall insert the provision 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, in all solicitations. Insert the following provision in solicitations for the acquisition of commercial items: (1) The provision 52.212-1, Instructions to Offerors -- Commercial Items. This provision provides a single, streamlined set of instructions to be used when soliciting offers for commercial items and is incorporated in the solicitation by reference (see Block 27a, SF 1449). The contracting officer may tailor these instructions or provide additional instructions tailored to the specific acquisition in accordance with 12.302. The provision 52.212-3, Offeror Representations and Certifications -- Commercial Items. This provision provides a single, consolidated list of representations and certifications for the acquisition of commercial items and is attached to the solicitation for offerors to complete. This provision may not be tailored except in accordance with Subpart 1.4. Use the provision with its Alternate I in solicitations issued by DoD, NASA, or the Coast Guard. Insert the clause in solicitations and contracts for the acquisition of commercial items: The clause 52.212-4, Contract Terms and Conditions -- Commercial Items. This clause includes terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practices and is incorporated in the solicitation and contract by reference (see Block 27, SF 1449). Use this clause with its Alternate I when a time-and-materials or labor-hour contract will be awarded. The contracting officer may tailor this clause in accordance with 12.302. Insert the clause in solicitations and contracts for the acquisition of commercial items: The clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items. This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial items. The contracting officer shall attach this clause to the solicitation and contract and, using the appropriate clause prescriptions, indicate which, if any, of the additional clauses cited in 52.212-5(b) or (c) are applicable to the specific acquisition. Some of the clauses require fill-in; the fill-in language should be inserted as directed by 52.104(d). When cost information is obtained pursuant to Part 15 to establish the reasonableness of prices for commercial items, the contracting officer shall insert the clauses prescribed for this purpose in an addendum to the solicitation and contract. This clause may not be tailored. Insert the clause 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts. Use the clause with its Alternate I when the contract will be performed outside the United States (as defined at 22.1702) and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of œoff-limits local establishments) that apply to contractor employees at the contract place of performance. The contracting officer shall insert the clause 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving, in all solicitations and contracts. Insert the clause 52.225-13, Restrictions on Certain Foreign Purchases, in solicitations and contracts, unless an exception applies (Office of Foreign Assets Control). (a) The contracting officer shall insert the clause ” (1) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, in all solicitations and contracts that include the provision 52.204-7 or an agency clause that requires a contractor to be registered in the SAM database and maintain registration until final payment, unless ” (i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or (ii) An exception listed in 32.1103(a) through (i) applies. The contracting officer shall include in all solicitations the provision 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran ”Representation and Certifications. The contracting officer shall insert the clause 52.232-39, Unenforceability of Unauthorized Obligations in all solicitation and contracts. Insert the clause 52.232-40, Providing Accelerated Payments to Small Business Subcontractors, in all solicitations and contracts. The contracting officer may, when contracting by negotiation, insert the clause 52.242-15, Stop-Work Order, in solicitations and contracts for supplies, services, or research and development. If a cost-reimbursement contract is contemplated, the contracting officer shall use the clause with its Alternate I. The contracting officer shall insert the provision 52.252-1, Solicitation Provisions Incorporated by Reference, in solicitations in order to incorporate provisions by reference. The contracting officer shall insert the clause 52.252-2, Clauses Incorporated by Reference, in solicitations and contracts in order to incorporate clauses by reference. Use the clause 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. Use the clause 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts. Use the provision 252.203-7005, Representation Relating to Compensation of Former DoD Officials, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items and solicitations for task and delivery orders. Use the clause 252.204-7003, Control of Government Personnel Work Product, in all solicitations and contracts. When using the clause FAR 52.204-7, System for Award Management, use the provision with 252.204-7004, Alternate A, System for Award Management. (a) Use the provision 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. Use the clause 252.204-7012, Safeguarding of Unclassified Controlled Technical Information, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items Use the clause 252.204-7015, Disclosure of Information to Litigation Support Contractors, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. Use the provision 252.209-7002, Disclosure of Ownership or Control by a Foreign Government, in all solicitations, including those subject to the procedures in FAR part 13, when access to proscribed information is necessary for contract performance. If the solicitation includes the provision at FAR 52.204-7, do not separately list the provision 252.209-7002 in the solicitation. Use the clause 252.225-7048, Export-Controlled Items, in all solicitations and contracts. (a) Except as provided in 232.7002(a), use the clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. (b) Use the clause 252.232-7006, Wide Area WorkFlow Payment Instructions, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when 252.232-7003 is used and neither 232.7003(b) nor (c) apply. See PGI 232.7004 (DFARS/PGI view) for instructions on completing the clause. Use the clause 252.232-7010, Levies on Contract Payments, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. Use the clause 252.243-7001, Pricing of Contract Modifications, in solicitations and contracts when anticipating and using a fixed price type contract. Use the clause 252.244-7000, Subcontracts for Commercial Items, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. (b) Use the basic or one of the alternates of the clause 252.247-7023, Transportation of Supplies by Sea, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, except those for direct purchase of ocean transportation services. (1) Use the basic clause unless any of the supplies to be transported are commercial items that are ” (i) Shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations when the contract is not a construction contract; or (ii) Commissary or exchange cargoes transported outside of the Defense Transportation System when the contract is not a construction contract. (2) Use the alternate I clause if any of the supplies to be transported are commercial items that are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations when the contract is not a construction contract. (2) Use the alternate I clause if any of the supplies to be transported are commercial items that are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations when the contract is not a construction contract. (3) Use the alternate II clause if any of the supplies to be transported are commercial items that are commissary or exchange cargoes transported outside of the Defense Transportation System (10 U.S.C. 2643), when the contract is not a construction contract The NAICS code is 314910 and the Small Business Standard is 500. 52.219-28 “ Post-Award Small Business Program Rerepresentation. As prescribed in 19.309(c), insert the following clause: 52.222-3 -- Convict Labor. As prescribed in 22.202, insert the following clause: Convict Labor (June 2003) (a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands. (b) The Contractor is not prohibited from employing persons-- (1) On parole or probation to work at paid employment during the term of their sentence; (2) Who have been pardoned or who have served their terms; or (3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if-- (i) The worker is paid or is in an approved work training program on a voluntary basis; (ii) Representatives of local union central bodies or similar labor union organizations have been consulted; (iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; (iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943. (End of Clause) Child Labor ”Cooperation With Authorities and Remedies (Oct 2016) (a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in ” (1) Canada, and the anticipated value of the acquisition is $25,000 or more; (2) Israel, and the anticipated value of the acquisition is $50,000 or more; (3) Mexico, and the anticipated value of the acquisition is $77,533, or more; or (4) Armenia, Aruba, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $191,000 or more. (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture of importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized official. (c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations: (1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products. (2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. (3) The Contractor used forced or indentured child labor in its mining, production, or manufacturing processes. (4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d) Remedies. (1) The Contracting Officer may terminate the contract. (2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. (3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4. (End of clause) 52.225-1 -- Buy American ”Supplies. As prescribed in 25.1101(a)(1), insert the following clause: Buy American “ Supplies (May 2014) (a) Definitions. As used in this clause-- œCommercially available off-the-shelf (COTS) item ” (1) Means any item of supply (including construction material) that is ” (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. œComponent means an article, material, or supply incorporated directly into an end product. œCost of components means-- (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. œDomestic end product means ” (1) An unmanufactured end product mined or produced in the United States; (2) An end product manufactured in the United States, if ” (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or (ii) The end product is a COTS item. œEnd product means those articles, materials, and supplies to be acquired under the contract for public use. œForeign end product means an end product other than a domestic end product. œUnited States means the 50 States, the District of Columbia, and outlying areas. (b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)). (c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract. (d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled œBuy American Certificate. (End of clause) 52.219-1 -- Small Business Program Representations. As prescribed in 19.309(a)(1), insert the following provision: Small Business Program Representations (Oct 2014) 52.222-20 “ Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000. As prescribed in 22.610, insert the following clause in solicitations and contracts covered by the Act: Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 (May 2014) If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed $15,000, and is subject to 41 U.S.C. chapter 65, the following terms and conditions apply: (a) All stipulations required by 41 U.S.C. chapter 65 and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect. (b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and workers with disabilities may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under Section 14 of the Fair Labor Standards Act (41 U.S.C. 6508). (End of Clause) 52.225-2 -- Buy American Certificate. As prescribed in 25.1101(a)(2), insert the following provision: Buy American Certificate (May 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of œdomestic end product. The terms œcommercially available off-the-shelf (COTS) item, œcomponent, œdomestic end product, œend product, œforeign end product, and œUnited States are defined in the clause of this solicitation entitled œBuy American ”Supplies. (b) Foreign End Products: Line Item No.: Country of Origin: [List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of Provision) 52.246-1 -- Contractor Inspection Requirements. As prescribed in 46.301, insert the following clause: Contractor Inspection Requirements (Apr 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers ™ parts. This clause takes precedence over any Government inspection and testing required in the contract ™s specifications, except for specialized inspections or tests specified to be performed solely by the Government. (End of Clause) 252.204-7011 Alternative Line Item Structure. As prescribed in 204.7109(b), insert the following provision: ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011) (a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror ™s practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor. (b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 204.71. A sample line item structure and a proposed alternative structure are as follows: Solicitation: ITEM NO. SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE AMOUNT 0001 Computer, Desktop with CPU, Monitor, Keyboard and Mouse 20 EA Alternative line item structure offer where monitors are shipped separately: ITEM NO. SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE AMOUNT 0001 Computer, Desktop with CPU, Keyboard and Mouse 20 EA 0002 Monitor 20 EA (End of provision) 252.211-7008 Use of Government-Assigned Serial Numbers As prescribed in 211.274-6(c), use the following clause: USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010) (a) Definitions. As used in this clause ” œGovernment-assigned serial number means a combination of letters or numerals in a fixed human-readable information format (text) conveying information about a major end item, which is provided to a contractor by the requiring activity with accompanying technical data instructions for marking the Government-assigned serial number on major end items to be delivered to the Government. œMajor end item means a final combination of component parts and/or materials which is ready for its intended use and of such importance to operational readiness that review and control of inventory management functions (procurement, distribution, maintenance, disposal, and asset reporting) is required at all levels of life cycle management. Major end items include aircraft; ships; boats; motorized wheeled, tracked, and towed vehicles for use on highway or rough terrain; weapon and missile end items; ammunition; and sets, assemblies, or end items having a major end item as a component. œUnique item identifier (UII) means a set of data elements permanently marked on an item that is globally unique and unambiguous and never changes in order to provide traceability of the item throughout its total life cycle. The term includes a concatenated UII or a DoD-recognized unique identification equivalent. (b) The Contractor shall mark the Government-assigned serial numbers on those major end items as specified by line item in the Schedule, in accordance with the technical instructions for the placement and method of application identified in the terms and conditions of the contract. (c) The Contractor shall register the Government-assigned serial number along with the major end item ™s UII at the time of delivery in accordance with the provisions of the clause at DFARS 252.211-7003(d). (d) The Contractor shall establish the UII for major end items for use throughout the life of the major end item. The Contractor may elect, but is not required, to use the Government-assigned serial number to construct the UII. (End of clause) 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System ”Statistical Reporting in Past Performance Evaluations. As prescribed in 213.106-2-70, use the following provision: NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PEFORMANCE INFORMATION RETRIEVAL SYSTEM ”STATISTICAL REPORTING IN PAST PERFORMANCE EVALUATIONS (JUN 2015) (a) The Past Performance Information Retrieval System-Statistical Reporting (PPIRS-SR) application (http://www.ppirs.gov/) will be used in the evaluation of suppliers ™ past performance in accordance with DFARS 213.106-2(b)(i). (b) PPIRS-SR 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 PPIRS-SR 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. (c) The quality and delivery classifications identified for a supplier in PPIRS-SR will be used by the contracting officer to evaluate a supplier ™s past performance in conjunction with the supplier ™s references (if requested) and other provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government. (d) PPIRS-SR classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the PPIRS-SR User ™s Manual found at https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf. Contractors are granted access to PPIRS-SR for their own classifications only. Suppliers are encouraged to review their own classifications, the PPIRS-SR reporting procedures and classification methodology detailed in the PPIRS-SR User's Manual, and PPIRS-SR Evaluation Criteria available from the references at https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf. The method to challenge a rating generated by PPIRS-SR is provided in the User ™s Manual. (End of provision) SUPTXT243-9400(1-92) Authorized Changes Only by the Contracting Officer 252.232-7010 Levies on Contract Payments. As prescribed in 232.7102, use the following clause: LEVIES ON CONTRACT PAYMENTS (DEC 2006) (a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt. (b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide ” (1) The total dollar amount of the levy; (2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and (3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation. (c) DoD shall promptly review the Contractor ™s assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including “ (1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and (2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or (ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation. (d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act. (End of clause) 252.243-7001 Pricing of Contract Modifications. As prescribed in 243.205-70, use the following clause: PRICING OF CONTRACT MODIFICATIONS (DEC 1991) When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR Part 31 and DFARS Part 231, in effect on the date of this contract, apply. (End of clause) 252.247-7023 Transportation of Supplies by Sea. Basic. As prescribed in 247.574(b) and (b)(1), use the following clause: TRANSPORTATION OF SUPPLIES BY SEA ”BASIC (APR 2014) System for Award Management Maintenance (Oct 2016) (a) Definition. As used in this clause-- œElectronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. 52.232-39 “ Unenforceability of Unauthorized Obligations. As prescribed in 32.706-3, insert the following clause: Unenforceability of Unauthorized Obligations (Jun 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an œI agree click box or other comparable mechanism (e.g., œclick-wrap or œbrowse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures. (End of clause) 52.252-2 -- Clauses Incorporated by Reference. As prescribed in 52.107(b), insert the following clause: Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): _____________________________ _____________________________ [Insert one or more Internet addresses] (End of Clause) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(a), use the following clause: REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (a) Definition. œCovered DoD official, as used in this clause, means an individual that ” (1) Leaves or left DoD service on or after January 28, 2008; and (2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served ” (A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code; (B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or (C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or (ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million. (b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor. (c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c). (End of clause) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. As prescribed in 204.7304(c), use the following clause: SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)
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