Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 22, 2016 FBO #5417
SOLICITATION NOTICE

73 -- Hobart F1000+ Flight Type Dishwasher - Package #1

Notice Date

9/20/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

333318 — Other Commercial and Service Industry Machinery Manufacturing
 

Contracting Office

Department of the Air Force, Direct Reporting Units, USAF Academy - 10 CONS, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315, United States
 

ZIP Code

80840-2315
 

Solicitation Number

FA7000-16-T-0155
 

Archive Date

10/8/2016
 

Point of Contact

Shaun M. Bright, Phone: 719-333-3600, Diana Myles-South, Phone: 719-333-8650
 

E-Mail Address

shaun.bright@us.af.mil, Diana.South@us.af.mil
(shaun.bright@us.af.mil, Diana.South@us.af.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

Attachment 2 DFARS 252.225-7000 Provision Attachment 1 FAR 52.212-3 Alt I Provision This combined synopsis/solicitation is for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as solicitation number FA7000-16-T-0155, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-89, effective 15 Aug 2016. The North American Industry Classification System Code [NAICS] is 333318 and the business size standard of 1,000 employees. The acquisition is a 100% SB set-aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA). The government bares no legal liability for bid cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all cost associated with submitting a quote. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this synopsis/solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. It is the USAF Academy's preference/intent is to acquire only domestic end products per the Buy American Act, except as provided in FAR 25.103. Foreign offers will be evaluated per DFARS 225.502 when comparing domestic and foreign offers. This requirement is for commercial off-the-shelf items, therefore; the manufacturing country of origin will determine if the offer is foreign or domestic. Note: Brand Name Only Justification The Hobart Model FT1000+ ENERGY (Brand Name) is required to meet our operational demands at the Mitchell Hall Cadet Dining Facility. There is currently two other Hobart FT-900s ENERGY dishwashers located in this facility. The combined requirement of three machines will wash 65,000 pieces per day, 350 days per year and will operate from 0600-2200 daily. All existing machines on base are Hobart flight types. The staff is familiar with the engineering, design, and function. A change in brand would requires all of this knowledge to be relearned. To maintain this high demand, the combined processes and procedures for pre, during and post operation must be seamless and result in minimal operational differences. Purchasing a Hobart machine will meet this requirement. With an average life expectancy of 10 years, a manufacturer provided 18 month warranty on defective parts and workmanship is required to facilitate minimal maintenance costs in the first 18 months of initial operation. Purchasing the same model of equipment will allow the Government to capitalize on existing employee training and operational continuity that will allow a cohesive cleaning and sanitizing operation. The Hobart machine also has the same electrical, plumbing, ventilation and operating requirements as the existing equipment. This will allow the cross utilization of parts and accessories among each Hobart dishwasher unit. Hobart is the current brand in use and was the equipment selected by Army Corps of Engineers for this facility during the latest kitchen renovation. This brand is essential to keep training, operating and maintenance procedures standardized for the dozens of employees who will safely operate and maintain all ware-washing equipment. From a maintenance standpoint, bench stocking routine maintenance parts for one brand of equipment will be more cost effective and operationally efficient than stocking for two or three different machines. The Hobart FT-900s currently in use have historically maintained a high "in-use" operations rate of 97% and cost less than $500 per year in repair and part replacement costs. Quotes may be provided for the Hobart F1000+ Energy as a brand name product or for a proposed "or equal" piece of equipment fulfilling all the below specifications. If an offeror believes they have an equal product which meets all the features and functionality of the items listed above, they may submit a quote for that product. It will be evaluated for technical acceptability. If it is determined by the Government to be an equal product it will be evaluated along with all other technically acceptable offers. If it is determined by the Government not to be an equal product, the offer will not be considered for award. Buy American Act and certification of compliance is required and must be submitted with quote (see DFARS clause 252.225-7001). This is a Brand Name requirement only for an Hobart Dishwasher F1000+ Energy with the following salient characteristics to include installation as shown below: Hobart FT1000+ Energy Dishwasher Warranty 18 months Two hour response time for the first 60 days if dishwasher operation fails Automated soil removal system Blower dryer with 2 H.P (horse power) blower motor Single point vent connection Booster tank heater, electric Standard conveyor for Flight Type dishwasher Hinged doors Vent Hood Standard piping Variable speed conveyor Start and stop switches at both ends of machine Insulated hinged doors Minimum 30 ½ inches wide conveyor Must match up to existing scraping table height load end Microprocessor controls 3. H.P. pre-wash-wash and power ring motors Easy to remove wash arms ASR (automatic soil remover) Auto Clean Auto De-lime Equipment must not exeed 30 feet in length Quotes must be submitted in accordance with the bid schedule listed below. LINE ITEM 0001 Quantity Unit Price Extended Price Hobart Dishwasher F1000+ Energy 1 Each $____________ LINE ITEM 0002 1 Each __________ Installation The dishwasher requires inside delivery. The vendor will be responsible the uncrating, installation, start-up, venting, electrical, and demonstration of new equipment and removal of packaging and installation materials. Installation to include of new dishwasher to all existing electrical and plumbing fixtures. The vendor is responsible for removing and turning in the old equipment to DRMO (DLA Disposition Services). To schedule a turn-in call 719-526-9689 or complete a request online at https://vsm.distribution.dla.mil/scheduler/home/index. Hours of Operation are 0700-1530, Monday thru Friday. DLA Disposition Services is located at 1475 Wickersham Blvd, Building 324, Fort Carson, CO 80913. TOTAL PRICE FOR CLINS 0001 and 0002 _________ The Government will provide the IUID Label IAW DFARS 252.211-7003. II. SOLICITATION INSTRUCTIONS Offerors must comply with all instructions contained in the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (listed below). The quoter shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, size of business, and warranty information. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Descriptive literature and technical specifications must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation of the brand name required and address each salient characteristic listed. FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015), incorporated by reference Addenda to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015): 1. This Solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as a Request for Quote. IAW FAR 13.004, in all instances throughout this solicitation any use of the word "proposal" should be understood as "quote". All instances of the word "offeror" should be understood as "quoter". All instances of the word "award" should be understood as "order". Quotes supplied in response to this solicitation are not binding. Award of this requirement will be offered to the Quoter IAW FAR 52.212-2. 2. Late submissions: a. Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due. b. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition c. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. 3. Addendum to FAR 52.212-1(b), Submission of Quotes: Submit signed and dated quote via e-mail or fax to 10th Contracting Squadron, 10 CONS/LGCB, Attn: Shaun Bright, Contract Specialist, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Email address is shaun.bright@us.af.mil. Fax number is (719) 333-6088. Submit quote for each individual line item with a total price. In his absence, please contact Diana Myles-South, Contracting Officer at 719-333-8650 at email address diana.south@us.af.mil. Quotes must be submitted by 23 September 2016, 9:00 a.m. Mountain Daylight Time (MDT). 4. Addendum to FAR 52.212-1(h), Multiple awards is amended as follows: "The Government will award a contract on an "all or none" basis, multiple awards shall not be contemplated." 5. Formal communications. Requests for clarification and information concerning the solicitation must be provided in writing no later than 2 days prior to closing. Answers will be compiled and posted electronically to the Federal Business Opportunities website: https://www.fbo.gov. Questions may be faxed or emailed to the point of contact listed in paragraph 3. All correspondence should reference the solicitation number. 6. Quotation preparation instructions: a. General Instructions: To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Price, Part II- Technical Information - Descriptive/Specification Literature, and Part III - Contract Documentation (Representation and Certification). b. PART I - PRICE QUOTATION - Submit the price quote in accordance with the contract line items (CLINS) 0001 and 0002 structure as listed in this solicitation. c. PART II - TECHNICAL/DESCRIPTIVE LITERATURE - Quoters must submit technical information (Descriptive literature/specifications) that adequately demonstrates their quote meets the brand name requirement in contract line item (CLIN) 0001 of this solicitation. A general statement of compliance or restatement of the salient characteristics is insufficient. Ensure the descriptive literature addresses each salient characteristic listed. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote and literature. If a vendor cannot comply with every requirement the quote will not be considered. d. PART III - CONTRACT DOCUMENTATION (Representation and Certification). (1) Either complete Representation and Certification in the System of Award Management (SAM) at https://www.sam.gov or the necessary fill-ins and certification in the provision at FAR 52.212-3 (Jul 2016), Alt I (Oct 2014). This provision was updated in July 2016; if the offeror completed the provision on SAM prior to this date, it is advised that the offeror complete a hard copy of the provision and include it with the quote. (See Attachment #1) (2) Contractors must be registered with SAM (www.sam.gov) to conduct business with the Department of Defense. A purchase order cannot be awarded to a company without this registration. (3) The provision at DFARS 252.225-7000, Buy American Act-Balance of Payments program Certificate, must be completed and returned with the quote. (See Attachment #2) (4) Price quotes must be Firm-Fixed Price. Delivery must be FOB: Destination. FOB: Origin Quote will not be considered; therefore, not evaluated. (5) Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable). (6) Delivery is required no later than 60 days after reciept of order (ARO). (7) Ship to address: 10 FSS/FSLA - F4B5H0 MITCHELL HALL BLDG 2350 USAF ACADEMY, CO 80840-2617 FAR 52.212-2 Evaluation - Commercial Items (Oct 2014) a. The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: I. Meeting the salient characteristics of the Brand Name Requirement on a Pass/Fail basis II. Price Addendum to FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) BASIS FOR CONTRACT AWARD: This is a competitive acquisition in accordance with FAR Parts 12 and 13. The evaluation process will proceed as follows: 1. Price Evaluation. Initially, vendors quotes shall be ranked according to price. The proposed prices will be determined by multiplying the quantity by the contractor's proposed unit price to confirm the extended amount for each contract line item (CLIN). The priceevaluation will document the reasonableness and affordability of the proposed total evaluated price. 2. Technical Evaluation. Award will be made to the quote with the lowest evaluated price that meets salient characteristics of the brand name requirement on pass/fail basis. Hobart FT1000+ Energy Dishwasher Warranty, 18 months Two hour response time for the first 60 days if dishwasher operation fails Automated soil removal system Blower dryer with 2 H.P (horse power) blower motor Single point vent connection Booster tank heater, electric Standard conveyor for Flight Type dishwasher Hinged doors Vent Hood Standard piping Variable speed conveyor Start and stop switches at both ends of machine Insulated hinged doors Minimum 30 ½ inches wide conveyor Must match up to existing scraping tsable heigh load end Microprocessor controls 3. H.P. pre-wash-wash and power ring motors Easy to remove wash arms ASR (automatic soil remover) Auto Clean Auto Delime FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015), is incorporated by reference. Addenda to FAR 52.212-4 - Text in paragraph (c) is deleted and replaced with the following: (c) Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)). 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2016) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) _x_ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) III. CONTRACT CLAUSES The following clauses are incorporated by reference: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Jan 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers w/Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-50 Combat Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) 52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Dec 2015) 252.204-7015 Disclosure of Information to Litigation Support Contractors (May 2016) 252.225-7001 Buy American and Balance of Payments Program - Basic (Aug 2016) 252.225-7002 Qualifying Country Sources as Subcontractors (Aug 2016) 252.232-7003 Electronic Submission of Payment Requests and Receiving (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) (a) Definitions. As used in this clause- "Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. (End of clause) FAR 52.252-2 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 address: http://farsite.hill.af.mil. (End of clause) 252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRECERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)(OCT 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (End of clause) 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013) (a) Definitions. As used in this clause- "Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. "Concatenated unique item identifier" means- (1) For items that are serialized within the enterpriseidentifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. "Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022. "Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. "DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. "DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. "Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. "Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency. "Government's unit acquisition cost" means- (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and (3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery. "Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/ Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm under "Register." "Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier. "Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. "Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. "Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. "Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. "Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. "Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. "Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. "Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. "Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. "Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto. "Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. "Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following: (i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items: Contract Line, Subline, or Exhibit Line Item Number Item Description CLIN 0001: Dishwasher - Government will provide IUID labeling (ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table: Contract Line, Subline, or Exhibit Line Item Number Item Description -------------------- (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____. (iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____. (v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability. (2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor. (3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification. (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that- (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media. (5) Unique item identifier. (i) The Contractor shall- (A) Determine whether to- (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version; (C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and (D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version. (ii) The issuing agency code- (A) Shall not be placed on the item; and (B) Shall be derived from the data qualifier for the enterprise identifier. (d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information: (1) Unique item identifier. (2) Unique item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used). (4) Enterprise identifier (if concatenated unique item identifier is used). (5) Original part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used). (9) Serial number (if concatenated unique item identifier is used). (10) Government's unit acquisition cost. (11) Unit of measure. (12) Type designation of the item as specified in the contract schedule, if any. (13) Whether the item is an item of Special Tooling or Special Test Equipment. (14) Whether the item is covered by a warranty. (e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information: (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part. (2) Unique item identifier of the embedded subassembly, component, or part. (3) Unique item identifier type.** (4) Issuing agency code (if concatenated unique item identifier is used).** (5) Enterprise identifier (if concatenated unique item identifier is used).** (6) Original part number (if there is serialization within the original part number).** (7) Lot or batch number (if there is serialization within the lot or batch number).** (8) Current part number (optional and only if not the same as the original part number).** (9) Current part number effective date (optional and only if current part number is used).** (10) Serial number (if concatenated unique item identifier is used).** (11) Description. ** Once per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows: (1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/. (2) Embedded items shall be reported by one of the following methods- (i) Use of the embedded items capability in WAWF; (ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423. (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items. (End of clause) DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). COMBO (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. Destination (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA7000 Admin DoDAAC FA7000 Inspect By DoDAAC F4BM20 Ship To Code F4BM20 (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. diana.south@us.af.mil (Contracting Officer) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. diana.south@us.af.mil (Contracting Officer) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (AUG 2016) The following paragraphs (a) through (e) of this clause do not apply unless the Contractor is subject to the Cost Accounting Standards under 41 U.S.C. chapter 15, as implemented in regulations found at 48 CFR 9903.201-1. (a) Definitions. As used in this clause- "Authorized aftermarket manufacturer" means an organization that fabricates a part under a contract with, or with the express written authority of, the original component manufacturer based on the original component manufacturer's designs, formulas, and/or specifications. "Authorized supplier" means a supplier, distributor, or an aftermarket manufacturer with a contractual arrangement with, or the express written authority of, the original manufacturer or current design activity to buy, stock, repackage, sell, or distribute the part. "Contract manufacturer" means a company that produces goods under contract for another company under the label or brand name of that company. "Contractor-approved supplier" means a supplier that does not have a contractual agreement with the original component manufacturer for a transaction, but has been identified as trustworthy by a contractor or subcontractor. "Counterfeit electronic part" means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. "Electronic part" means an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of Pub. L. 112-81). "Obsolete electronic part" means an electronic part that is no longer available from the original manufacturer or an authorized aftermarket manufacturer. "Original component manufacturer" means an organization that designs and/or engineers a part and is entitled to any intellectual property rights to that part. "Original equipment manufacturer" means a company that manufactures products that it has designed from purchased components and sells those products under the company's brand name. "Original manufacturer" means the original component manufacturer, the original equipment manufacturer, or the contract manufacturer. "Suspect counterfeit electronic part" means an electronic part for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the electronic part is authentic. (b) Acceptable counterfeit electronic part detection and avoidance system. The Contractor shall establish and maintain an acceptable counterfeit electronic part detection and avoidance system. Failure to maintain an acceptable counterfeit electronic part detection and avoidance system, as defined in this clause, may result in disapproval of the purchasing system by the Contracting Officer and/or withholding of payments and affect the allowability of costs of counterfeit electronic parts or suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of such parts (see DFARS 231.205-71). (c) System criteria. A counterfeit electronic part detection and avoidance system shall include risk-based policies and procedures that address, at a minimum, the following areas: (1) The training of personnel. (2) The inspection and testing of electronic parts, including criteria for acceptance and rejection. Tests and inspections shall be performed in accordance with accepted Government- and industry-recognized techniques. Selection of tests and inspections shall be based on minimizing risk to the Government. Determination of risk shall be based on the assessed probability of receiving a counterfeit electronic part; the probability that the inspection or test selected will detect a counterfeit electronic part; and the potential negative consequences of a counterfeit electronic part being installed (e.g., human safety, mission success) where such consequences are made known to the Contractor. (3) Processes to abolish counterfeit parts proliferation. (4) Risk-based processes that enable tracking of electronic parts from the original manufacturer to product acceptance by the Government, whether the electronic parts are supplied as discrete electronic parts or are contained in assemblies, in accordance with paragraph (c) of the clause at 252.246-7008, Sources of Electronic Parts (also see paragraph (c)(2) of this clause). (5) Use of suppliers in accordance with the clause at 252.246-7008. (6) Reporting and quarantining of counterfeit electronic parts and suspect counterfeit electronic parts. Reporting is required to the Contracting Officer and to the Government-Industry Data Exchange Program (GIDEP) when the Contractor becomes aware of, or has reason to suspect that, any electronic part or end item, component, part, or assembly containing electronic parts purchased by the DoD, or purchased by a Contractor for delivery to, or on behalf of, the DoD, contains counterfeit electronic parts or suspect counterfeit electronic parts. Counterfeit electronic parts and suspect counterfeit electronic parts shall not be returned to the seller or otherwise returned to the supply chain until such time that the parts are determined to be authentic. (7) Methodologies to identify suspect counterfeit parts and to rapidly determine if a suspect counterfeit part is, in fact, counterfeit. (8) Design, operation, and maintenance of systems to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts. The Contractor may elect to use current Government- or industry-recognized standards to meet this requirement. (9) Flow down of counterfeit detection and avoidance requirements, including applicable system criteria provided herein, to subcontractors at all levels in the supply chain that are responsible for buying or selling electronic parts or assemblies containing electronic parts, or for performing authentication testing. (10) Process for keeping continually informed of current counterfeiting information and trends, including detection and avoidance techniques contained in appropriate industry standards, and using such information and techniques for continuously upgrading internal processes. (11) Process for screening GIDEP reports and other credible sources of counterfeiting information to avoid the purchase or use of counterfeit electronic parts. (12) Control of obsolete electronic parts in order to maximize the availability and use of authentic, originally designed, and qualified electronic parts throughout the product's life cycle. (d) Government review and evaluation of the Contractor's policies and procedures will be accomplished as part of the evaluation of the Contractor's purchasing system in accordance with 252.244-7001, Contractor Purchasing System Administration--Basic, or Contractor Purchasing System Administration--Alternate I. (e) The Contractor shall include the substance of this clause, excluding the introductory text and including only paragraphs (a) through (e), in subcontracts, including subcontracts for commercial items, for electronic parts or assemblies containing electronic parts. (End of clause) 252.246-7008 SOURCES OF ELECTRONIC PARTS (AUG 2016) (a) Definitions. As used in this clause- "Authorized aftermarket manufacturer" means an organization that fabricates a part under a contract with, or with the express written authority of, the original component manufacturer based on the original component manufacturer's designs, formulas, and/or specifications. "Authorized supplier" means a supplier, distributor, or an aftermarket manufacturer with a contractual arrangement with, or the express written authority of, the original manufacturer or current design activity to buy, stock, repackage, sell, or distribute the part. "Contract manufacturer" means a company that produces goods under contract for another company under the label or brand name of that company. "Contractor-approved supplier" means a supplier that does not have a contractual agreement with the original component manufacturer for a transaction, but has been identified as trustworthy by a contractor or subcontractor. "Electronic part" means an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of Pub. L. 112-81). "Original component manufacturer" means an organization that designs and/or engineers a part and is entitled to any intellectual property rights to that part. "Original equipment manufacturer" means a company that manufactures products that it has designed from purchased components and sells those products under the company's brand name. "Original manufacturer" means the original component manufacturer, the original equipment manufacturer, or the contract manufacturer. (b) Selecting suppliers. In accordance with section 818(c)(3) of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-81), as amended by section 817 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291), the Contractor shall- (1) First obtain electronic parts that are in production by the original manufacturer or an authorized aftermarket manufacturer or currently available in stock from- (i) The original manufacturers of the parts; (ii) Their authorized suppliers; or (iii) Suppliers that obtain such parts exclusively from the original manufacturers of the parts or their authorized suppliers; (2) If electronic parts are not available as provided in paragraph (b)(1) of this clause, obtain electronic parts that are not in production by the original manufacturer or an authorized aftermarket manufacturer, and that are not currently available in stock from a source listed in paragraph (b)(1) of this clause, from suppliers identified by the Contractor as contractor-approved suppliers, provided that- (i) For identifying and approving such contractor-approved suppliers, the Contractor uses established counterfeit prevention industry standards and processes (including inspection, testing, and authentication), such as the DoD-adopted standards at https://assist.dla.mil; (ii) The Contractor assumes responsibility for the authenticity of parts provided by such contractor-approved suppliers; and (iii) The Contractor's selection of such contractor-approved suppliers is subject to review and audit by the contracting officer; or (3)(i) Take the actions in paragraphs (b)(3)(ii) through (b)(3)(iv) of this clause if the Contractor- (A) Obtains an electronic part from- (1) A source other than any of the sources identified in paragraph (b)(1) or (b)(2) of this clause, due to nonavailability from such sources; or (2) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this clause; or (B) Cannot confirm that an electronic part is new or previously unused and that it has not been comingled in supplier new production or stock with used, refurbished, reclaimed, or returned parts. (ii) If the contractor obtains an electronic part or cannot confirm an electronic part pursuant to paragraph (b)(3)(i) of this clause- (A) Promptly notify the Contracting Officer in writing. If such notification is required for an electronic part to be used in a designated lot of assemblies to be acquiredunder a single contract, the Contractor may submit one notification for the lot, providing identification of the assemblies containing the parts (e.g., serial numbers); (B) Be responsible for inspection, testing, and authentication, in accordance with existing applicable industry standards; and (C) Make documentation of inspection, testing, and authentication of such electronic parts available to the Government upon request. (c) Traceability. If the Contractor is not the original manufacturer of, or authorized supplier for, an electronic part, the Contractor shall- (1) Have risk-based processes (taking into consideration the consequences of failure of an electronic part) that enable tracking of electronic parts from the original manufacturer to product acceptance by the Government, whether the electronic part is supplied as a discrete electronic part or is contained in an assembly; (2) If the Contractor cannot establish this traceability from the original manufacturer for a specific electronic part, be responsible for inspection, testing, and authentication, in accordance with existing applicable industry standards; and (3)(i) Maintain documentation of traceability (paragraph (c)(1) of this clause) or the inspection, testing, and authentication required when traceability cannot be established (paragraph (c)(2) of this clause) in accordance with FAR subpart 4.7; and (ii) Make such documentation available to the Government upon request. (d) Government sources. Contractors and subcontractors are still required to comply with the requirements of paragraphs (b) and (c) of this clause, as applicable, if- (1) Authorized to purchase electronic parts from the Federal Supply Schedule; (2) Purchasing electronic parts from suppliers accredited by the Defense Microelectronics Activity; or (3) Requisitioning electronic parts from Government inventory/stock under the authority of 252.251-7000, Ordering from Government Supply Sources. (i) The cost of any required inspection, testing, and authentication of such parts may be charged as a direct cost. (ii) The Government is responsible for the authenticity of the requisitioned parts. If any such part is subsequently found to be counterfeit or suspect counterfeit, the Government will- (A) Promptly replace such part at no charge; and (B) Consider an adjustment in the contract schedule to the extent that replacement of the counterfeit or suspect counterfeit electronic parts caused a delay in performance. (e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in subcontracts, including subcontracts for commercial items that are for electronic parts or assemblies containing electronic parts, unless the subcontractor is the original manufacturer. (End of clause) AFFARS 5352.201-9101 OMBUDSMAN (JUN 2016) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, James Anderson 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: james.anderson@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) IV. SOLICITATION PROVISIONS FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Jul 2016), Alt I (Oct 2014) (See Attachment #1) DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate (Nov 2014) (See Attachment #2) 252.203-7996 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2016-O0003)(OCT 2015) (a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) PROVISIONS PROVIDED BY REFERENCE 252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 2011) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Dec 2015) 252.204-7011 Alternative Line-Item structure (Sep 2011) 252.225-7031 Secondary Arab Boycott of Israel (Jun 2005)
 

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