As prescribed in 11.304-93 insert the following clause:
COMPLIANCE WITH NATIONAL SANITATION FOUNDATION (NSF) REQUIREMENTS (SEP 2007) - DLAD
(a) Successful offeror(s) shall be required to provide evidence that the item to be furnished meets the required NSF standards cited in the item description and/or specification. Provide the following information regarding items offered:
MANUFACTURER'S NAME_________________________________________
MAKE__________________________________________________
MODEL NUMBER__________________________________________
(b) Acceptable evidence shall be either certification from the NSF or an independent testing laboratory. If item is pending NSF approval, evidence of NSF approval shall be furnished by the contractor to the Contracting Officer prior to or at the time of submission of the First Article Test Report (FATR). If FATR is waived, NSF approval must be received within 90 days after contract award. (See paragraph (d)(5) below).
(c) OFFEROR CHECK ONE:
[ ] Product has NSF approval. A copy of approval is attached.
[ ] Product currently is being tested or will be tested by NSF for compliance with the applicable NSF standards.
[ ] Results of tests for compliance with applicable NSF standards by independent testing laboratory have been approved by the Government. A copy of the Contracting Officer's approval is attached.
[ ] Product currently is being tested or will be tested for compliance with applicable NSF standards by an independent testing laboratory in accordance with this clause.
[ ] NSF testing has been waived due to the following: ________________________________
(d) When the contractor elects to use an independent testing laboratory to demonstrate compliance with the applicable NSF standards the following shall apply:
(1) Satisfactory evidence of compliance shall be a test report, acceptable to the Contracting Officer, with the advice of the Army Surgeon General, from an independent testing laboratory, indicating that the item has been tested and conforms to the applicable NSF standards. The test report shall address all requirements of the NSF standards and contain all quantitative data generated as a result of the examinations and tests. These quantitative data shall show the exact measurement value regardless of whether a failure occurred, and where averages are reported, shall show the individual values as well as the averages.
(2) The Contracting Officer shall be notified of the time and location of all tests at least 10 days prior to commencement so that the Government may witness the tests if it so elects; provided however that if such testing begins before award, the contractor shall give written notice of such to the Contracting Officer not later than three days after award.
(3) The test report shall be delivered to the Contracting Officer, DSCP(C&E), 700 Robbins Avenue, Philadelphia, PA 19111-5096 within 90 days after contract award if FATR is waived or prior to or at the time of required delivery of FATR. The contractor will be notified in writing of the approval or disapproval of the test report within 75 days after receipt of the report. A notice of approval shall not relieve the contractor from complying with applicable specification(s), NSF standards, and all other terms and conditions in any resulting contract.
(4) If the test report is disapproved, the contractor may be required, at the option of the Government, to repeat any or all of the tests, and deliver another report to the Government under the terms and conditions and within the time specified by the Government. After each requirement for additional tests, the contractor shall, at no additional cost to the Government, make any required changes or modifications. All costs related to all tests to demonstrate compliance with NSF standards shall be borne by the contractor, including any and all costs for additional testing which may be required following approval of any test report.
(5) If the contractor fails to deliver any test report on time, or the Contracting Officer disapproves any test, the contractor shall be deemed to have failed to make delivery within the meaning of the Default Clause in any resulting contract.
(6) If the Government does not act within the time specified in paragraph (3) above, the Contracting Officer shall, upon timely written request from the contractor, equitably adjust the delivery of performance dates and/or the contract price.
(7) Prior to approval of test report, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the contractor. Prior to approval of test report, the costs thereof shall not be allocable to this contract for (i) progress payments, or (ii) termination settlement if the contract is terminated for the convenience of the Government.
(End of Provision)
