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(4) Determining the Set-Aside Quantity

(A) The maximum quantity of an item which may be awarded to any eligi

ble concern shall be determined by applying the percentage of the total non-set-aside portion of an item on which an offer was made to the

total quantity of the set-aside portion of that item. (B) If a concern offers on two or more items on the non-set-aside portion,

but conditions its offer in such a manner that the total of all these quantities may not be awarded, or offers a quantity which, at the option of the Government, may be applied to one or more items, the overall maximum which can be offered on the set-aside portion of the items affected will be determined by applying the percent of the total quantities of these items on the non-set- aside portion that could have been

awarded to the total of these items on the set-aside portion. (C) Notwithstanding the foregoing, if the entire set-aside portion of an item

is not awarded after completion of the above steps, then the unawarded
balance shall be offered to those concerns who were previously
awarded quantities on the set-aside portion but who were prevented
from accepting additional quantities because of the quantity limitations
stated above. The unawarded quantity will first be offered to that con-
cern in the first priority which has received the largest quantity of the
item. If two or more offerors in the first priority received an identical
quantity, a drawing by lot shall determine their priority. If a balance
still remains, this procedure shall be repeated with the offerors in each
of the original priority groups in turn, to dispose of any balance of the

item still remaining.
(c) Definitions.
(1) Labor Surplus Area. The term "labor

surplus area" means a geographic area
which at the time of award is classified
as such by the Secretary of Labor ini
the Department of Labor "Listing of
Eligible Labor Surplus Areas Under
Defense Manpower Policy 4A and
Executive Order 10582".
Labor Surplus Area Concerns. The term
"labor surplus area concern" means a
concern that agrees to perform or cause
to be performed a substantial proportion
of a contract in labor surplus areas.
A concern shall be deemed to perform a
substantial proportion of a contract in
labor surplus areas if the aggregate
costs that will be incurred by the
concern or its first tier subcontractors
on account of manufacturing or produc-
tion performed in labor surplus areas
amount to more than 50% of the contract
price.

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(3) A“small business concern" is a concem, including its affiliates, which is independently owned and operated, is not dominant in the field of operation in which it is offering on Government contracts, and can further qualify under the criteria set forth in regulations of the Small Business Administration (CFR Title 13, Section 121.3–8). In addition to meeting these criteria, a manufacturer or a regular dealer submitting offers in his own name must agree to furnish in the performance of the contract end items manufactured or produced by small business concems: provided, that this additional requirement does not apply in connection with construction or service contracts.

(a) Agreement. The offeror agrees that if awarded a contract as a LSA concern under the set-aside portion of this procurement, he will perform or cause to be performed by a first tier subcontractor a substantial proportion of the contract in areas classified at the time of award or at the time of performance of the contract as LSA.

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CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(e) Identification of Areas of Performance. Each offeror desiring to be considered for award as a LSA concern on the LSA set-aside portion of this procurement shall identify in Section B of his offer the geographical areas in which he proposes to perform, or cause to be performed, a substantial proportion of the contract. If the Department of Labor classification of any such area changes after the offeror has submitted his offer, the offeror may change the areas in which he proposes to perform, provided, that he so notifies the Contracting Officer before award of the LSA set-aside portion.

Such offerors are instructed to insert in the clause entitled Eligibility for Preference as a Labor Surplus Area Concern" in Section B of the solicitation, the address(es) where costs incurred on account of manufacturing or production (by offeror or first tier subcontractor) will amount to more than fifty percent (50%) of the contract price.

CAUTION: Failure to list the location of manufacture or production and the percentage of cost to be incurred at each location in the space provided in the clause entitled “Eligibility for Preference as a Labor Surplus Area Concern" set forth in Section B of the solicitation will preclude consideration of the offernr as a I SA concern.

(f) Requirements Contract. Only one award will be made for each item or sub-item of the non-set-aside portion and only one award will be made for each item or sub-item of the set-aside portion. For the purpose of equitably distributing orders in accordance with this ‘Notice of Labor Surplus Area Set-Aside,' the Government will apportion the quantities to be ordered as equally as possible between the non-set-aside Contractor and the set-aside Contractor to whom the awards are made.

(End of clause)

7-2003.6 Qualified End Products. When qualified end products are to be procured (see Section I, Part 11), the following clause shall be inserted.

QUALIFIED END PRODUCTS (1974 APR)

Awards for any end items which are required to be qualified products will be made only when such items have been tested and are qualified for inclusion in a Qualified Products List identified below (whether or not actually included in the List) at the time set for opening of bids, or the time of award in the case of negotiated contracts. Offerors should contact the office designated below to arrange to have the products which they intend to offer tested for qualification.

The offeror shall insert the item name and the test number (if known) of each qualified product in the blank spaces below.

Item Name...............

Test Number......... Offerors offering products which have been tested and qualified, but which are not yet listed, are requested to submit evidence (such qualification with their bids or proposals, so that they may be given consideration. If this a formally advertised procurement, any bid which does not identify the qualified product being o..ed, either above or elsewhere in the bid, will be rejected.

Any change in location or ownership of the plant at which a previously approved product is, or was, manufactured requires re-evaluation of the qualification. Such re-evaluation must be accomplished prior to the bid opening date in the case of advertised procurements and prior to the date of award in the case of negotiated procurements. Failure of offerors to arrange for such re-evaluation shall preclude consideration of their offers.

(End of clause)

Contracting officers shall identify, following the above clause, each Qualified Products List involved and give the name and address of the office identified in the specification with which manufacturers should communicate.

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7-2003.7 Qualified Products - Components. When qualified products (see Section 1, Part 11) are to be procured as components of end items, the following clause shall be inserted.

QUALIFIED PRODUCTS-COMPONENTS (1969 DEC)

When any of the end items which are to be supplied to the Government by the Contractor will contain one or more components which are required by the applicable specification to be qualified products, such components shall have been tested and shall be qualified for inclusion in the Qualified Products List (whether or not actually included in the List) at the time of award of any subcontract by the Contractor for such components, or, in the event the Contractor plans to manufacture such components himself, shall have been so tested and have so qualified before the Contractor begins to manufacture such components for performance of this contract (not before manufacture of the prototype, preproduction model, or first article, for qualification testing). Unless required for interchangeability or compatibility, the Contractor shall not cite brand names from any Qualified Products List in any subcontract solicitation, but shall refer to the pertinent military specification so that optimum competition may be obtained. Delay resulting from the Contractor awaiting qualification approval by the Government of a component shall not constitute excusable delay when a previously qualified component could have been procured in time to meet the end item delivery schedule.

Any change in location or ownership of the plant at which a previously approved product is, or was, manufactured requires re-evaluation of the qualification. Such re-evaluation must be accomplished prior to the award of any subcontract by the Contractor for such components or prior to the beginning of manufacture if the Contractor manufactures such components himself.

(End of clause)

7-2003.8 Availability of Specifications, Standards, and Descriptions Listed in DODISS or DoD Directive 5000.19-L, Volume II. Insert the following clause in accordance with 1-1203.2(a).

AVAILABILITY OF SPECIFICATIONS, STANDARDS AND DESCRIPTIONS (1977 JUN)

Specifications, standards and descriptions cited in this solicitation are available as indicated below:

(a) Unclassified Federal, Military and Other Specifications and Standards (Excluding Commercial), and Data Item Descriptions. Submit request on DD Form 1425 (Specifications and Standards Requisition) to:

Commanding Officer
U.S. Naval Publications and Forms Center

5801 Tabor Avenue - Philadelphia, Pa. 19120 The Acquisition Management Systems and Data Requirements Control List, DoD Directive 5000.19-L, Volume II, may be ordered on the DD Form 1425. The Department of Defense Index of Specifications and Standards (DODISS) may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D. C., 20402. When requesting a specification or standard, the request shall indicate the title, number, date and any applicable amendment thereto by number and date. When requesting a data item description, the request shall cite the applicable data item number set forth in the solicitation. When DD Form 1425 is not available, the request may be submitted in letter form, giving the same information as listed above, and the solicitation or contract number involved. Such requests may also be made to the activity by Telex No. 834295, Western Union No. 710-670-1685, or telephone (area code 215-697-3321) in case of urgency.

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ARMED SERVICES PROCUREMENT REGULATION

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(b) Commercial Specifications, Standards and Descriptions. These specifications, standards and descriptions are not available from Government sources. They may be obtained from the publishers.

(End of clause)

7-2003.9 Availability of Specifications and Standards Not Listed in DODISS, Data Item Descriptions Not Listed in Department of Defense Directive 5000.19-L, Volume II, and Plans, Drawings, and Other Pertinent Documents. In accordance with 1-1203.3, insert a provision substantially similar to (a) or (b) below, as appropriate.

(a) Obtaining Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents.

AVAILABILITY OF SPECIFICATIONS AND STANDARDS NOT LISTED IN DODISS, DATA ITEM DESCRIPTIONS NOT LISTED IN DOD DIRECTIVE 5000.19-L, VOLUME II, AND PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS

The specifications, standards, plans, drawings, descriptions and other pertinent documents cited in this solicitation may be obtained by submitting request to:

(Activity) ..................

(Complete Address) ............... Requests should give the number of the solicitation and the title and number of the specification, standard, plan, drawing or other pertinent document requested, exactly as cited in this solicitation.

(End of provision)

(b) Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents.

AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS

The specifications, standards, plans, drawings, descriptions, and other pertinent documents cited in this solicitation may be examined at the following locations:

(Insert Complete Address)

(End of provision)

7-2003.10 Brand Name or EquaľPurchase Descriptions. In accordance with 1-1206.3(b), insert the following clause.

BRAND NAME OR EQUAL (1973 APR)

(As used in this clause, the term “brand name" includes identification of products by make and model.)

(a) If items called for by this Invitation for Bids have been identified in the Schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "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 bids and are determined by the Government to meet fully the salient characteristics requirements referenced in the Invitation for Bids.

(b) Unless the bidder clearly indicates in his bid that he is offering an “equal" product, his bid shall be considered as offering a brand name product referenced in the Invitation for Bids.

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ARMED SERVICES PROCUREMENT REGULATION

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