USA - Tank Platform

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Details

Provided by Open Opps
Opportunity closing date
16 July 2019
Opportunity publication date
29 June 2019
Value of contract
to be confirmed
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Description

Added: Jun 28, 2019 1:23 pm

 

SPMYM3-19-Q-7060   .
91704001  Tank Platform
 
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 FEDBIZOPPS.  The RFQ number is SPMYM3-19-Q-7060. This solicitation documents and incorporates provisions and clauses in effect through FAC 2019-03 and DFARS Change Notice 20190531.  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 332312 and the Small Business Standard is 500 Employees.  This requirement is a 100% Small Business Set-Aside. 
 
 
Place of Manufacture / Country of Origin Required.
 
 
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 faxed to 207-438-1251 or e-mailed to  donna.j.quill@navy.mil
 
A reverse auction may be held.
 
The Portsmouth Naval Shipyard requests responses from qualified sources capable of providing:
 
                                                                        
MATERIAL INFORMATION
 
ITEM       DESCRIPTION        U/I     QTY     UNIT PRICE     TOTAL PRICE
0001 Tank Platform,            each      1           _______
For Rad Waste Tank per Attachment - 1
Ref:  91704001
 
 
Delivery:  San Diego CA
 
 
 
 
 
 
 
 
52.204-7 System for Award Management
52.204-13, SAM Maintenance
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
52.211-9000 Governmet Surplus Material
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
52.219-9004 Small Business Program Representations
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
252.223-7008  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 Contractor's Debarred, Suspended, or Proposed for Debarment, 52.219-6 ALT I 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,  52.222-35 Equal Opportunity for Veterans, 52.222-36  Equal Opportunities for Workers w/ Disabilities, 52.222-37 Employment Reports on Disabled Veterans, 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.  
 
 
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 252.209-7999, Representation by Corporations regarding an Unpaid Delinquent Tax Liability
DFARS 252.244-7000 Subcontracts for Commercial Items
DFARS 252.247-7023  Transportation of Supplies By Sea
 
Local Clauses:
YM3 A1:  Additional Information
YM3 C500:  Mercury Control (Supplies)
YM3 C528:  Specification Changes
YM3 D2:  Marking of Shipments
YM3 D4:  Preparation for Delivery (Commercially Packaged Items)
YM3 D8:  Prohibited Packing Materials
YM3 E2:  Inspection and Acceptance (Destination)
YM3 F500:  Consignment Instructions for Deliveries to Portsmouth Naval Shipyard    
 
See Below for all DLAD Clauses and Provisions - In by full text
 
This announcement will close at  3:00 on  July 16,  2019.  The Point of Contact for this solicitation is Donna Quill who can be reached at 207-438-2386  or  email donna.j.quill@navy.mil.  [A determination by the Government to not compete this proposed effort on a full and open competitive basis, based upon responses to this notice is solely within the discretion of the Government.]  All responsible sources may submit a quote which shall be considered by the agency.   
 
52.212-2, Evaluation - Commercial Items is applicable to this procurement.  While price will be a significant factor in the evaluation of offers, the final contract award will be based on a combination of factors - a combination of price, technically acceptable low bids and past performance.
 
System for Award Management (SAM).  Quoters must be registered in the SAM database to be considered for award.  Registration is free and can be completed online at http://www.sam.gov/.
If  not the actual  manufacturer -  Manufacturer's Name Location and Business Size must be provided.
 
 
 
 
All quotes shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number if applicable, business size, and payment terms.   Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.
 
 
DLAD Clauses / Provisions  as follows:
 
 
GOVERNMENT SURPLUS MATERIAL   
 
(a)  Definition.
 
"Surplus material," as used in this clause, means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the 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 clause.
 
(b)  The Offeror agrees to complete this clause and provide supporting documentation as necessary to demonstrate that the surplus material being offered was previously owned by the Government and meets solicitation requirements.  The Offeror must provide this information and any supporting documentation on or before the date that quotes/offers are due; or within the timeframe specified by the Contracting Officer, if additional documentation is requested after submission of the offer.  Failure to provide the requested information and supporting documentation within the timeframe requested may result in rejection of the offer.  Unless the solicitation states otherwise, Offerors of surplus material are authorized to open packages, inspect material, and reseal packages.  Each time this is done, the Offeror's authorized representative or inspector must sign the packages where they were resealed and annotate the date of inspection.
 
(c)  With respect to the surplus material being offered, the Offeror represents that:
 
(1)  The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety.  Yes __  No __
 
                        The material conforms to the technical requirements cited in the solicitation (e.g., 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 offered does not affect form, fit, function, or interface.  Yes __  No __  Unknown  __
 
                        The material was manufactured by:
                        (Name):  ____________________________________________________
                        (Address): ___________________________________________________
 
(2)  The Offeror currently possesses the material.  Yes __  No __
 
                        If no, the Offeror must attach or forward to the Contracting Officer an explanation as to how the offered quantities will be secured.
 
                        If yes, the Offeror purchased the material from a Government selling agency or other source.  Yes __                    No __
 
                        If yes, provide the information below:
 
                                Government Selling Agency: ______________________________________
                                Contract Number: _________ _______________________________________
                                Contract Date: (Month, Year):_________________________________________
                                Other Source: ______________________________________________
                                Address:_____________________________________________
                                Date Acquired: (Month/Year) _____________________________
 
(3)  The material has been altered or modified.             Yes __           No __
 
                        a)  If yes, the Offeror must attach or forward to the Contracting Officer a complete description of the alterations or modifications.
 
(4)  The material has been reconditioned.               Yes __           No __
 
                        If yes, (i) the price offered includes the cost of reconditioning /refurbishment.               Yes __ No __; and
 
                        (ii) The Offeror must attach or forward to the Contracting Officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard.
 
                        The material contains cure-dated components.  Yes __       No __
 
                                If yes, the price includes replacement of cure-dated components.              Yes __ No __
 
                (5)  The material has data plates attached.  Yes __               No __
 
                        a)  If yes, the Offeror must state below all information contained thereon, or forward a copy or facsimile of the data plate to the Contracting Officer.
 
                                _________________________________________________________
 
                (6)  The offered material is in its original package.              Yes __           No __
 
                        (If yes, the Offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the Contracting Officer a copy or facsimile of original package markings.)
 
                        Contract Number ______________________________________
                        National Stock Number (NSN)_________________________________________
                        Commercial and Government Entity (CAGE) Code___________________________
                        Part number_______________________________________
                        Other markings/data_________________________________
 
                (7)  The Offeror has supplied this same material (National Stock Number) to the Government before.  Yes __             No __
 
                        If yes, (i) the material being offered is from the same original Government contract number as that provided previously.    Yes __   No __; and
 
                        (ii)  State below the Government Agency and contract number under which the material was previously provided:
 
                                Agency  ______________________________________________
                                Contract Number________________________________________
 
                (8)  The material is 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_________________________________________________________
 
                (9)  The material has been inspected for correct part number and for absence of corrosion or any obvious defects.  Yes __          No __
 
                        If yes, (i)  Material has been re-preserved.  Yes __  No __;
 
                        (ii)  Material has been repackaged.  Yes __  No __;
 
                        (iii)  Percentage of material that has been inspected is ______%  and/or number of items inspected is _______; and
 
                        (iv)  A written report was prepared.  Yes __  No __
 
                If yes, the Offeror has attached it or forwarded it to the Contracting Officer. Yes__  No__
 
(d)  The Offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.
 
(e)  The Offeror has attached or forwarded to the Contracting Officer one of the following, to demonstrate that the material being offered was previously owned by the Government (Offeror check which one applies):
 
                ___  For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding 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.
 
                ___  For DLA Disposition Services Recycling Control Point (RCP) term sales, the statement of account or billing document.
 
                ___  For property sold under the exchange or sale regulation, conducted by sealed bid, auction or retail methods, a solicitation/invitation for bid and corresponding DLA Disposition Services form 1427.
 
                ___  When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, commercial and Government entity (CAGE) code and part number, and original contract number.  (This information has already been provided in paragraph (c)(6) of this clause.    Yes __     No __.)
 
                ___  When none of the above are available, other information to demonstrate that the offered  material was previously owned by the Government.  Describe and/or attach.
                        ______________________________________________________________
 
(f)  This clause only applies to offers of Government surplus material.  Offers of commercial surplus, manufacturer's overruns, residual inventory resulting from terminated Government contracts, and any other material that meets the technical requirements in the solicitation but was not previously owned by the Government will be evaluated in accordance with the provision at 52.217-9002.
 
(g)  Offers of critical safety items must comply with the additional requirements in 52.211-9005.
 
(h)  If requested by the Contracting Officer, the Offeror shall furnish      sample units, in the number specified, to the Contracting Officer or to another location specified by the Contracting Officer, within 10 days after the Contracting Officer's request.  The samples will be furnished at no cost to the Government.  All such samples not destroyed in evaluation will be returned at the Offeror's expense.  The samples will be evaluated for form, fit, and function with subassembly, assembly, or equipment with which the items are to be used.  End items furnished under any contract award to the Offeror furnishing the samples can include the returned samples, and all acceptable end items will have a configuration identical to the samples.  If specific tests of the samples' performance are made by the Government, the Offeror will be furnished the results of such tests prior to a contract being entered into.  In addition to any other inspection examinations and tests required by the contract, the performance of the end items will be required to be as good as that of the samples submitted insofar as specific performance tests have been made by the Government and the results thereof furnished to the Offeror.
 
(i)  In the event of award, the Contractor will be responsible for providing material that is in full compliance with all requirements in the contract or order, whether or not the Contractor has possession of applicable drawings or specifications, and despite the fact that the Government is unable to conduct in-process inspection.  The Contractor's responsibility to perform is not diminished by compliance with the requirement to demonstrate that the offered material was previously owned by the Government.  The material to be furnished must meet the requirements of the current contract or order, whether or not the material met Government requirements in existence at the time the material was initially manufactured or sold to the Government.  The Government has the right to cancel any resulting purchase order or terminate any resulting contract for default if unacceptable material is tendered.
 
(j)  If higher level quality requirements apply to the material being acquired, those requirements do not apply to surplus material furnished under this contract.
 
 
 
CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION
 
(a)  This clause applies whenever the Contractor is not the manufacturer of the item(s) to be furnished.
 
(b)(1)  The Contractor shall retain evidence to document that items furnished under this contract conform to contract requirements.  Evidence will generally include information tracing the items back to the manufacturing source or its authorized distributor.  At a minimum, evidence shall be sufficient to establish the identity of the item, its manufacturing source, and conformance to the item description.
 
(2)  Examples of traceability documentation include, but are not limited to, the following:
 
(i)  Purchase order(s)/invoice(s) between manufacturer(s)/distributor(s), identifying part number (and/or technical data package (TDP) with revision level) and quantities;
 
(ii)  Original equipment manufacturer (OEM) or approved/qualified source's packing slips, identifying part number (and/or TDP with revision level) and quantities;
 
(iii)  OEM or approved/qualified source's certification, identifying part number (and/or TDP with revision level) and quantities; and/or
 
(iv)  OEM or approved/qualified source's identifiable standard packaging, with part number (and/or TDP with revision level) cited on the package.
 
(3)  The Contractor shall be responsible for the assurance of type, kind, count, and condition.  Preservation, packing, packaging, and marking shall be in accordance with contractual requirements.
 
(4)  The Contractor shall provide documentation of traceability for review-
 
(i)  Upon request by the Contracting Officer at any time prior to or after award;
 
(ii)  At time of Government source inspection, if applicable; and/or
 
(iii)  During random or directed post-award audits.
 
(5)  The Contractor shall retain documentation in accordance with this clause for 5 years after final payment under this contract.
 
c)  The Offeror/Contractor shall provide documentation of traceability for review-
 
(1)  Upon request by the Contracting Officer at any time prior to or after award;
 
(2)  At time of Government source inspection, if applicable; and/or
 
(3)  During random or directed post-award audits.
 
(d)  Traceability documentation shall, at a minimum, include the following:
 
(1)  If the Offeror/Contractor is an authorized dealer/distributor for an approved source for the specific item being procured by the Government, the following requirements apply:
 
(i)  The Offeror/Contractor shall maintain at least one of the following:
 
(A)  A copy of its current dealer/distributorship agreement;
 
(B)  A letter of authorization from the approved source; or
 
(C)  A link to an official website maintained by the approved source, which shall clearly identify the Offeror as an authorized dealer/distributor.
 
(ii)  By submission of documentation described in subparagraph (d)(1)(i) of this clause, the Offeror/Contractor represents that:
 
(A)  The dealer/distributor relationship with the approved source applies to the specific item being procured by the Government; and
 
(B)  If the Contractor's dealer/distributor status with the approved source changes after award, the Contractor shall promptly notify the Contracting Officer.  Failure to provide such notification is grounds for cancellation of award or termination for default/cause, as applicable.
 
(2)  If the Offeror/Contractor is not an authorized dealer/distributor for an approved source for the specific item being procured by the Government, the following requirements apply:
 
(i)  If the Offeror/Contractor identified the offered item as "not in stock/not currently owned by the Offeror" or "not yet manufactured," the Offeror/Contractor shall-
 
(A)  Maintain a verifiable quotation from the approved source, or from an authorized dealer/distributor for the approved source.
 
(B)  Include the following information in its quotation:
 
(1)  The item part number or designation, which shall be provided in sufficient detail to document that the item being quoted is the same as the item being procured by the Government;
 
(2)  The quantity, which shall be sufficient to satisfy the solicitation requirement;
 
(3)  The unit price quoted by the approved source, or by the authorized dealer/distributor for the approved source;
 
(4)  The date of the quotation; and
 
(5)  The name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source.
 
(C)  The quotation shall be on the letterhead of the approved source, or of an authorized dealer/distributor for the approved source; or an electronic quotation, which shall be clearly identifiable as coming to the Offeror/Contractor from the approved source, or from an authorized dealer/distributor for the approved source.
 
(D)  If the offered items are obtained from an authorized dealer/distributor for the approved source, the Offeror/Contractor shall maintain the information described in subparagraph (d)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (d)(1)(ii) of this clause shall apply.
 
(ii)  If the Offeror/Contractor identified the offered item as "shipped" or "in stock/currently owned by the Offeror," the following requirements apply:
 
(A)  The Offeror/Contractor shall maintain one of the following documents:
 
(1)  The invoice received by the Offeror/Contractor from the approved source, or from an authorized dealer/distributor for the approved source; or
 
(2)  The packing slip that accompanied the shipment to the Offeror/ Contractor from the approved source, or from an authorized dealer/distributor for the approved source.  The packing slip shall include a packing slip number.  (If no packing slip number was provided, the Offeror/Contractor shall obtain and maintain written documentation from the approved source, or from the authorized dealer/distributor for the approved source, verifying the packing slip number.  Such documentation shall include the name and address of the approved source, or of the authorized dealer/distributor for the approved source; the date of the correspondence; and the name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source, who provided the information.)
 
(B)  The documentation furnished in accordance with subparagraph (c)(2)(ii)(A) of this clause shall include the following:
 
(1)  Date;
 
(2)  the name and address of the approved source, or of the authorized dealer/distributor for the approved source;
 
(3)  the name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source;
 
(4)  the item part number or designation, which shall be provided in sufficient detail to document that the item provided to the Contractor is the same as the item being procured by the Government;
 
(5)  the quantity, which shall be sufficient to satisfy the solicitation requirement;
 
(6)  the unit price charged by the approved source, or by the authorized dealer/distributor for the approved source; and
 
(7)  the Offeror's/Contractor's name and address.
 
(C)  If the offered items are obtained directly from an authorized dealer or distributor, the Offeror/Contractor shall maintain the information described in subparagraph (d)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (d)(1)(ii) of this clause shall apply.
 
(3)  If the offered items are not obtained directly from an approved source, or from an authorized dealer/distributor of an approved source, the Offeror/Contractor shall maintain documentation, as described in subparagraph (d)(2) of this clause, sufficient to establish the complete line of ownership or distribution from the approved source, or from an authorized dealer/distributor for the approved source, to the Offeror/Contractor.
 
(e)  The Contracting Officer determines the acceptability and sufficiency of documentation or other evidence, at his or her sole discretion.  If the Contracting Officer finds the evidence to be unacceptable, or if the Contractor fails to retain or provide the requested evidence, the award may be cancelled or contract may be terminated for cause/default, as applicable. 
 
(f)  At the Contracting Officer's discretion, documentation of traceability provided by the Contractor, in accordance with provisions in the solicitation and/or clauses included in this contract, may be used to determine the acceptability of documentation retained in accordance with this clause.
 
(g)  Notwithstanding any documentation provided by the Offeror prior to purchase order issuance/contract award, the Government reserves the right to require additional documentation attesting to the authenticity of the material at any time before or after contract delivery.
 
(h)  If the solicitation states inspection and acceptance shall take place at destination, the Government reserves the right to change the place of inspection and acceptance to origin and to invoke 52.246-9004, Product Verification Testing, at time of award, with no increase in the awarded unit price.
 
(i)    The Contractor shall be responsible for the assurance of type, kind, count, and condition. Preservation, packing, packaging, and marking shall be in accordance with contractual requirements.
 
(j)   The Contractor shall retain documentation in accordance with this clause for 5 years after final payment under this contract.
 
(End of Clause)
 
 
 
TIME OF DELIVERY - ACCELERATED
 
Unless otherwise authorized in the award, accelerated delivery is acceptable only if there is no additional cost or obligation to the Government for accelerated delivery.
 
(End of Clause)
 
SMALL BUSINESS PROGRAM REPRESENTATIONS 
 
(a)  In order to facilitate the use of electronic commerce/electronic data interchange while fulfilling the requirements of the small business program, certain socioeconomic information must be provided in a coded, rather than a fill-in format.  Because electronic commerce/electronic data interchange (EC/EDI) transactions are often reformatted in transmission, the use of these codes will prevent misinterpretation within the system.  The recording of unique codes instead of the traditional "x-in-the-box" form of information entry may also preclude potential mistakes in socioeconomic program reporting.
 
(b)  In order to record the representations and certifications contained in Federal Acquisition Regulation (FAR) provision 52.219-1, Small Business Program Representations, and in accordance with the definitions found therein, the offeror represents and certifies as a part of its offer that it is a ____________business type.  (The offeror shall select the one code from the following listing which represents the offeror's business type.)  The offeror's recording of its business type herein by means of an alpha code replaces the marking of the appropriate boxes in FAR 52.219-1, paragraph (b).  The penalties for misrepresentation of business status still apply; see FAR 52.219-1, paragraph (d)(2).
 
Code B=Small Business.  Enter code B if your firm is a small business concern, as defined in FAR 52.219-1, paragraph (c).
 
Code M=Small Disadvantaged Business.  Enter code M if your firm is a small disadvantaged business concern, as defined in FAR 52.219-23, paragraph (a).
 
Code U=Woman-Owned Small Disadvantaged Business.  Enter code U if your firm is a woman-owned business, as defined in FAR 52.219-1, paragraph (c), and a small disadvantaged business, as defined in FAR 52.219-23, paragraph (a).
 
Code W=Woman-Owned Small Business.  Enter Code W if your firm is a woman-owned small business, as defined in FAR 52.219-1, paragraph (c).
 
Code A=Large business.  Enter code A if your firm is not included in any of the above categories.
 
 
 
 
DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION 
 
(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 Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal.  Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.
 
(c)  The offeror should check here to opt out of this clause:
 
[   ]  Alternate wording may be negotiated with the Contracting Officer.
 
 
 
 
REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
 
(a)  The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other representation that the end item or any part of it has been produced or manufactured for the United States Government.  Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels.  The Contractor, in making disposition in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State laws and regulations promulgated pursuant thereto.
 
(b)  Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration of government identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not offered or supplies transferred from the Government's account to the cold storage Contractor's account at origin or destination.  (For product rejected at destination and returned to the Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product).  After removal or obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector.
 
 
 
 
REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) 
 
(a)  This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract. and/or when WPM is being acquired under this contract."
 
(b)  Definition.
 
Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats.  The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).
 
(c)  All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or   acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, "Guidelines for Regulating Wood Packaging Materials in International Trade."  DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.
 
(1)  All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/). 
 
(2)  All WPM shall include certification/quality markings in accordance with the ALSC standard.  Markings shall be placed in an unobstructed area that will be readily visible to inspectors.  Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible.  All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible.  All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved dunnage stamp. 
 
(d)  Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry.  The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

Opportunity closing date
16 July 2019
Value of contract
to be confirmed

About the buyer

Address
Defense Logistics Agency DLA Land and Maritime United States

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