As prescribed in 11.304-90(a), insert the following clause:
CONDITIONS FOR EVALUATION AND ACCEPTANCE OF OFFERS FOR
CRITICAL SAFETY ITEMS (APR 2002) - DLAD
(a) Definitions.
'Actual manufacturer' means an individual, activity, or
organization that performs the physical fabrication processes that
produce the deliverable part or other items of supply for the
Government. The actual manufacturer must produce the part in-house. The
actual manufacturer may or may not be the design control activity.
'Approved source' means a prime contractor or the actual
manufacturer(s) cited in the acquisition identification description
(AID). It does not include design control activities with no
manufacturing capability.
'Critical safety item' (CSI) means a part, assembly,
installation, or production system with one or more critical
characteristics that, if not conforming to the design data or quality
requirements, would result in an unsafe condition that could cause
loss of, or serious damage to, the end item or major components, loss
of control, or serious injury or death to personnel.
'Design control activity' means a contractor or Government activity
having responsibility for the design of a given part, and for the
preparation and currency of engineering drawings and other technical
data for that part. The design control activity may or may not be the
actual manufacturer.
'Exact product' and 'alternate product' are defined in the
provision at DLAD 52.217-9002, Conditions for Evaluation and
Acceptance of Offers for Part Numbered Items.
'Prime contractor' means a contractor having responsibility for
design control and/or delivery of a system/equipment such as aircraft,
engines, ships, tanks, vehicles, guns and missiles, ground
communications and electronics systems, and test equipment.
'Rebranding' means remarking, re-labeling, repackaging, or
otherwise obscuring the marking of the approved source cited in the
AID (i.e., the prime contractor or actual manufacturer).
(b) The item being acquired is a critical safety item (CSI). Given
their vital importance and the catastrophic consequences that can
result if they fail, procurement of these items requires the highest
standards of oversight and verification.
(c) This clause applies only to offers of 'exact product.'
Offers of 'alternate product' will be evaluated in accordance with the
clause at DLAD 52.217-9002. Offerors of Government surplus material
must comply with the requirements in the clause at DLAD 52.211-9000
in addition to this clause, and surplus offers will be evaluated in
accordance with the provision at DLAD 52.211-9003.
(d) If the Offeror is the prospective awardee and is not currently
an approved source cited in the acquisition identification description
(AID) on the schedule page of this solicitation, the Offer or will be
requested by the Contracting Officer to provide documented evidence
prior to award sufficient to establish that the item being offered is
(or will be) the exact item cited in the AID, modified (if necessary)
to conform to any additional requirements set forth in the AID, and
is (or will be) manufactured by or under the direction of an approved
source cited in the AID. Additionally, if the Offeror manufactures the
offered item for an approved source cited in the AID, evidence of
approval and acceptance by the approved source will be required.
Evidence must include the following at a minimum, plus whatever
additional evidence the Contracting Officer determines necessary to
sufficiently establish the identity of the item and its manufacturing
source:
(1) If offered item(s) are 'not in stock' or 'not yet
manufactured' --
(i) A copy of Offeror's Request for Quotation to
approved source cited in AID; and
(ii) An original, hard copy of quotation received by
Offeror from approved source cited in AID; or other verifiable
documentation of quotation. (If Offeror is unable to provide this
documentation to the Contracting Officer prior to award, it must be
provided to the Quality Assurance Representative (QAR) for examination
at time of source inspection.); or
(iii) For offers of surplus material, a completed 52.211-9000
with supporting documentation.
(2) If offered item(s) are 'shipped' or 'in stock' --
(i) A copy of invoice on approved source's letterhead.
(Invoice must identify exact item cited in AID and a quantity
sufficient to satisfy the solicitation requirement.); or
(ii) A copy of packing slip which accompanied shipment
from approved source to Offeror. (Packing slip must identify exact
item cited in AID and a quantity sufficient to satisfy the
solicitation requirement.); or
(iii) For offers of surplus material, a completed 52.211-9000
with supporting documentation; and
(iv) Inventory control records to establish that items
Offeror proposes to furnish under current order are still in Offeror's
stock. (This documentation is mandatory and must be provided to
Quality Assurance Representative (QAR) for examination at time of
source inspection. Documentation may be provided to Contracting
Officer prior to award, at Offeror's discretion.)
(3) If Offeror is an authorized dealer/distributor, or
manufactures the item for an approved source --
(i) An authorized dealer/distributorship agreement,
licensee agreement, or other type of agreement. (The agreement must
specifically identify the exact item, or otherwise ensure that the
Offeror is authorized by the approved source to manufacture or
distribute the exact item being acquired. If the agreement covers a
general product line or is otherwise not product-specific, the
Offeror must also furnish additional documentation to address the exact
item being acquired (see above).); or
(ii) Letter from an approved source cited in the AID,
specifically identifying Offeror as authorized to distribute or
manufacture the exact item cited in the AID for that approved source;
or
(iii) Other verifiable information (e.g., listing of
authorized dealers on official Web page of an approved source) to
establish the Offeror's authority to manufacturer or distribute the
exact item cited in the AID for an approved source cited in the AID.
(4) When the AID specifies a revision number --
(i) Documentation establishing that the offered item
was (or will be) made in accordance with the revision cited in the
AID. (This requirement is considered to have been met when
documentation provided by Offeror to satisfy other portions of this
clause or solicitation already establishes that offered item was (or
will be) made to the revision cited in the AID); or
(ii) Documentation identifying the revision offered and
the differences between the revision offered and the revision cited in
the AID.
(e) By the submission of this offer, the Offeror represents that --
(1) The item(s) to be provided to the Government --
(i) Is (or will be) in full compliance with all
requirements specified in the solicitation; and
(ii) Is not (or will not be) --
(A) A factory second;
(B) Changed, mutilated, or rebranded;
(C) A manufacturer's overrun;
(D) A rejected item; or
(E) Government surplus material (unless Offeror has complied with
clause at DLAD 52.211-9000, Government Surplus Material).
(2) In the event of item failure, Offeror will have access to,
and will provide to the Government upon request, all information
necessary to trace the item back through the manufacturing process.
(3) Any documentation provided by Offeror will correspond to
the exact item(s) that will be furnished to the Government; or Offeror
will obtain updated documentation and provide it to the Government
(if, for example, Offeror sells item(s) to another Buyer before award
or before tender for acceptance).
(f) Failure to provide adequate documentation within the timeframe
requested by the Contracting Officer may result in rejection of the
offer.
(End of clause)
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