contract start date, if the Contractor hires any additional Federal employees on the list referenced in paragraph (a) for any job within the Contractor's organization; and (3) To furnish the information required by this clause in a concise and clearly detailed format. (c) The operation of the system of records identified by this clause is subject to the Privacy Act of 1974 (5 U.S.C. 552a) and the Privacy Act Notification and Clause of this contract. This clause constitutes the notice required to invoke compliance by the Contractor with the provisions of the notice and clause. (End of Clause) 552.209-73 Product removal from qualified products list. As prescribed in 509.206-2, insert the following clause: PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST (MAY 1989) If, during the performance of this contract, the product being furnished is for any reason (except those outlined in paragraph 3.1.1 of the applicable Federal or Interim Federal Specification for security cabinets, security vault doors and changeable combination padlocks) removed from the Qualified Products List, the Government may terminate this contract for default under paragraph (a)(1)(ii) of the Default clause at FAR 52.249– 8. (End of Clause) 552.209-74 Waiver of first article test- WAIVER OF FIRST ARTICLE TESTING AND (a) Offerors must submit an offer including testing and approval, however, an offeror may submit an alternate offer excluding testing and approval, provided the offeror satisfies the requirements for the waiving of first article testing. (b) Before a waiver of the first article testing requirement of this solicitation will be considered, the offeror is requested to identify the procurement under which the product offered was previously approved and accepted: (Offeror to insert both contract number and applicable national stock number) (End of provision) [55 FR 8954, Mar. 9, 1990] 552.209-75 Supplemental requirements for first article approval-contractor testing. As prescribed in 509.308-1, insert the following clause: SUPPLEMENTAL REQUIREMENTS FOR FIRST ARTICLE APPROVAL-CONTRACTOR TESTING (MAY 1989) (a) The term “Contracting Officer" as used in FAR 52.209-3, First Article Approval-Contractor Testing, means the Administrative Contracting Officer (ACO). (b) The Contractor shall have either (1) the necessary inspection and test equipment at the Contractor's plant to perform first article testing, or (2) if the inspection and test equipment is not available, a letter of commitment from a laboratory acceptable to the Government to perform the inspection and testing. (c) When the Government elects to witness the first article testing, the Contractor shall conduct the testing between the hours of 7:00 AM and 5:00 PM, Monday thru Friday, unless a different time is agreed to by the ACO. (d) The first article test report shall contain: (1) The complete test data, the test method(s) used and date of test; (2) Signature and printed name of the individual who performed the inspection; (3) Applicable specification/CID and/or drawing numbers; (4) Name and type of test equipment used; and (5) All numerical values as a result of testing with each noted as to whether it passes or fails the contract test requirements. (e) The first article shall be retained by the Contractor as the manufacturing standard and will be kept in a secure area, under control of the Quality Assurance Specialist (QAS), to protect against possible changes or alterations for the life of the contract. If the first article sample is destroyed during testing or damaged to a point making it unusable as a standard, the Contractor, upon Government request, shall provide a second sample. (f) If the Contractor delivers the approved first article as part of the contract quantity, it shall be in the last scheduled delivery under the contract. (End of Clause) 552.209-76 Supplemental requirements for first article approval-government testing. As prescribed in 509.308-2, insert the following clause: SUPPLEMENTAL REQUIREMENTS FOR FIRST ARTICLE APPROVAL GOVERNMENT TESTING (MAY 1989) (a) The term "Contracting Officer" as used in FAR 52.209-4, First Article Approval-Government Testing, means the Administrative Contracting Officer (ACO). (b) The first article shall be retained by the Contractor as the manufacturing standard and will be kept in a secure area, under the control of the Quality Assurance Specialist (QAS) to protect against possible changes or alterations for the life of the contract. If the first article sample is destroyed during testing or damaged to a point making it unusable as a standard, the Contractor, upon Government request, shall provide a second sample. (c) If the Contractor delivers the approved first article as part of the contract quantity, it shall be in the last scheduled delivery under the contract. (End of Clause) 552.210-70 Standard references. As prescribed in 510.011(a), insert the following clause: STANDARD REFERENCES (MAY 1989) (a) All documents and publications (such as, but not limited to, manuals, handbooks, codes, standards and specifications) cited in this contract for the purpose of establishing requirements applicable to equipment, materials, or workmanship under this contract, shall be deemed to be incorporated herein as fully as if printed and bound with the specifications of this contract, in accordance with the following: (1) Wherever reference is made to Standard Specifications of the Public Buildings Service, Interim Federal Specifications, Interim Amendments to Federal Specifications, Interim Federal Standards, or Interim Amendments to Federal Standards, the Contractor shall comply with the requirements set out in the issue or edition identified in this contract. (2) Wherever reference is made to any such document other than those specified in subparagraph (a)(1) of this clause, the Contractor shall comply with the requirements set out in the edition specified in this contract, or if not specified, the latest edition or revision thereof, as well as the latest amendment or supplement thereto, in effect on the date of the solicitation on this project, except as modified by, as otherwise provided in, or as limited to type, class or grade, by the specifications of this contract. (b) Federal Specifications, Federal Standards, Standard Specifications of the Public Buildings Service and Public Buildings Service Standard Methods of Test may be obtained from the Business Service Center at any GSA Regional Office. Inquiries regarding "Commercial Standards," "Product Standards," and "Simplified Practice Recommendations" should be addressed to the Standard Development Service Section, National Bureau of Standards, Washington, DC 20234. Publications of Associations referred to in the specifications may be obtained directly from the Associations. (c) Upon request the Contractor shall make available at the job site within a reasonable time, a copy of each trade manual and standard which is incorporated by reference in this contract and which governs quality and workmanship. (End of Clause) 552.210-71 Reference to specifications in drawings. As prescribed in 510.011(b), insert the following clause: REFERENCES TO SPECIFICATIONS IN DRAWINGS (APR 1986) If military or other drawings are made a part of this contract, any reference in the drawings to Federal specifications or standards will be considered to be a reference to the date of such Federal specification or standard identified in the contract. If the date of the Federal specification or standard is not identified in the contract, the edition, including revisions thereto, in effect on the date the solicitation is issued will apply. (End of Clause) 552.210-72 Acceptable age of supplies. As prescribed in 510.011(c), insert the following clause: ACCEPTABLE AGE OF SUPPLIES (MAY 1989) The supplies furnished under this contract shall not be more than months old, beginning with the first full month after the date of manufacture marked on the container. For the purpose of this clause, supplies shall be considered to be furnished (1) when they are offered to the Government for inspection and testing, or (2) on the date of shipment if shipment is authorized to be made without prior inspection by the Government. If the age of the supplies furnished under this contract is greater than the specified period, the Government may exercise its right to reject the supplies under paragraph (f) of FAR clause 52.246-2, Inspection of Supplies Fixed-Price. (End of Clause) Alternate I (May 1989) For items having a limited shelf-life, the sentence below should be substituted for the first sentence of the basic clause when authorized: The supplies furnished under this contract shall not be more than days old, beginning with the date of manufacture (month, day, year) marked on the container. 552.210-73 Age on delivery. As prescribed in 510.011(c), insert the following clause: AGE ON DELIVERY (MAY 1989) Included in the description of each shelflife item is a statement regarding the "age on delivery." The age of the item(s) shall not exceed the number of months shown in the item description, counted from the first day of the month after the month of manufacture to the date of delivery to the specified delivery point(s). If the age of the supplies delivered under this contract is greater than the number of months shown, the Government may exercise its right to reject the supplies under paragraph (f) of FAR clause 52.246-2, Inspection of Supplies-Fixed Price. (End of Clause) 552.210-74 Brand name or equal. As prescribed in 510.011(d) insert the following clause: BRAND NAME OR EQUAL (MAY 1989) (As used in this clause, the term "brand name" includes identification of products by make and model.) (a) Identification of items in this solicitation by a "brand name or equal" description is intended to indicate the quality and characteristics of products that will be satisfactory and is not intended to be restrictive. Offers of "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the offers and are determined by the Government to meet fully the salient characteristics requirements listed in the solicitation. (b) Unless clearly indicated in the offer that an “equal" product is offered, the offer shall be considered as offering a referenced brand name product. (c)(1) An offeror proposing to furnish an “equal" product shall insert the name of the product in the space provided in the solicitation or otherwise clearly identify the product. The Government's determination as to the acceptability of the "equal" product shall be based on information furnished or otherwise identified in the offer as well as other information reasonably available to the purchasing activity. Caution to Offerors. The purchasing activity is not responsible for locating or securing any information not identified in the offer and reasonably available to the purchasing activity. Accordingly, to ensure that sufficient information is available, the offeror must furnish with its offer all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the purchasing activity to (i) determine whether the product offered meets the specified salient characteristics, and (ii) establish exactly what the offeror proposes to furnish. The information furnished may include specific references to information previously furnished or otherwise reasonably available to the purchasing activity. (2) An offeror proposing to modify a product to make it conform to the requirements of the solicitation shall (i) include in its offer a clear description of the proposed modifications and (ii) clearly mark any descriptive material to show the proposed modifications. (3) In sealed bidding, modifications proposed after bid opening to make a product conform to a brand name product referenced in the solicitation will not be considered. (End of Clause) 552.210-75 Marking. As prescribed in 510.011(e) insert the following clause: MARKING (APR 1984) (a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards: (1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation. (2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation. (b) Improperly marked material. When Government inspection and acceptanceare at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required marking, by contract or otherwise, and charge the Contractor therefor at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract. As prescribed in 510.011(g), insert the following clause: PRESERVATION, PACKAGING, AND PACKING Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering agency and the Contractor. (End of Clause) 552.210-78 Charges for packaging and packing. As prescribed in 510.011(h), insert a clause substantially as follows: CHARGES FOR PACKAGING AND PACKING (MAY 1988) If supplies shipped to a GSA wholesale distribution center are not packaged and packed in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking, by contract or otherwise, and charge the Contractor therefor at the rate of $ per man-hour or fraction thereof. The Contractor will also be charged for material costs, if incurred. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract. (End of Clause) *The rate to be inserted in the above clause shall be determined by the Commissioner, Federal Supply Service, or a designee. 552.210-79 Packing List. As prescribed in 510.011(i), insert the following clause: PACKING LIST (Dec 1989) (a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate: (1) Name and address of the consignor; (2) Name and complete address of the consignee; (3) Government order or requisition number; (4) Government bill of lading number covering the shipment (if any); and (5) Description of the material shipped, including item number, quantity, number of containers, and package number (if any). (b) When payment will be made by Government commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include: (1) Cardholder name and telephone number and (2) the term "Credit Card." (End of Clause) [54 FR 26548, June 23, 1989, as amended at 54 FR 43180, Oct. 23, 1989] 552.211-70 Commercial item certification. As prescribed in 511.070, insert the following provision: COMMERCIAL ITEM CERTIFICATION (MAY 1989) The Offeror by signing the offer certifies that the product(s) offered meet the requirements of the Commercial Item Description (CID) and are the Offeror's commercial or commercial-type product(s) as defined below: (a) A "commercial product" is a product such as an item, material, component, subsystem, or system, (1) regularly used for other than Government purposes and (2) sold or traded to the general public in the course of normal business operations at prices based on established catalog or market prices (see FAR 15.804-3 for explanation of terms). (b) A "commercial-type product" is a commercial product that is modified or altered, without degrading the quality, appearance, or function of the commercial product, in compliance with Government requirements and as such is usually sold only to the Government and not through the normal catalog or retail outlets, or (2) identified, packaged or marked differently than the commercial product normally sold to the general public. (b) As prescribed in 512.104(a)(2) insert the following clause: TIME OF DELIVERY (MAY 1989) The Government desires that delivery be made at destination within the number of calendar days after receipt of order (ARO) as set forth below. Offerors are requested to insert in the "Time of Delivery (days ARO)" column in the Schedule of Items a definite number of calendar days within which delivery will be made. If the Offeror does not insert a delivery time, the Offeror will be deemed to offer delivery in accordance with the Government's stated desired delivery time. (End of Clause) Alternate I (May 1988) delivery If the Government's desired time(s) is shown in a column titled "Desired Delivery Time (days ARO)" next to the column "Time of Delivery (days ARO)" in the Schedule of Items, the Contracting Officer may substitute the following as the first sentence of the basic clause and delete the column titles and blank spaces. "The Government desires that delivery be made at destination within the number of calendar days after receipt of order as set forth in the Desired Delivery Time (days ARO) column in the Schedule of Items." Alternate II (May 1989) If the same desired delivery time applies to all items, the Contracting Officer may substitute the following as the first sentence of the basic clause and delete the column titles and blank spaces. "The Government desires that delivery be made at destination within calendar days after receipt of order." [54 FR 26558, June 23, 1989, as amended at 54 FR 51886, Dec. 19, 1989] 552.212-70 Time of shipment. As prescribed in 512.104(a)(3), insert the following clause: TIME OF SHIPMENT (MAY 1989) Shipment is required within calendar days after receipt of order. (End of Clause) Alternate I (May 1989) If the contract will require shipment more than 45 calendar days after receipt of the order, the following paragraph should be added to the basic clause. Each delivery order will specify that shipment is required no later than the number of days shown above. If such order also states that "Early Shipment is Precluded," the Contractor agrees to make shipment no sooner than calendar days after receipt of order. Earlier shipments may result in nonacceptance of the supplies at the delivery point at the time of arrival. (The second number to be inserted should be 15 calendar days less than the first number.) 552.212-71 Notice of shipment. As prescribed in 512.104(a)(4), insert the following clause: NOTICE OF SHIPMENT (MAY 1989) If specified in an order placed under this contract, the Contractor shall, at the time each shipment is made on such order, furnish |