As prescribed in 46.490(c), insert the following clause:
DOCUMENTATION OF TRACEABILITY - JAN 2009 - DLAD
(a) All items furnished under this contract shall be in full compliance with the item description. Items shall be new and unused; unless former Government surplus material was offered in response to the solicitation, and was evaluated and approved in accordance with 52.211-9000. Any offers of “Alternate Product” shall require evaluation in accordance with 52.217-9002.
(b) If the Offeror is not identified as an approved source in the item description, the Offeror shall submit traceability documentation to the Contracting Officer on or before the date that offers are due. The documentation may be mailed, faxed, or scanned and e-mailed. All traceability documentation shall be legible and unaltered. (If any documentation to be submitted by the Offeror is illegible or has been altered, the Offeror shall also submit written documentation from the approved source, or from the authorized dealer/distributor for the approved source, to verify the illegible or altered information. Documentation from the approved source, or from the authorized dealer/distributor for the approved source, shall include the following: the name and address of the approved source, or of the authorized dealer/distributor for the approved source; the date of the correspondence; and the name and phone number of the representative of the approved source, or authorized dealer/distributor for the approved source, who provided the information.) The Contracting Officer may also require or consider additional evidence prior to award to establish the identity of the item and its manufacturing source. Failure to provide any required documentation within the stated timeframe may result in rejection of the offer.
(c) Traceability documentation shall, at a minimum, include the following:
(1) If the Offeror is an authorized dealer/distributor for an approved source for the specific item being procured by the Government, the following requirements apply:
(i) The Offeror shall provide one of the following:
(A) A copy of its current dealer/distributorship agreement;
(B) A letter of authorization from the approved source; or
(C) A link to an official Web site maintained by the approved source, which shall clearly identify the Offeror as an authorized dealer/distributor.
(ii) By submission of documentation described in subparagraph (c)(1)(i) of this clause, the Offeror represents that:
(A) The dealer/distributor relationship with the approved source applies to the specific item being procured by the Government; and
(B) If the Offeror’s dealer/distributor status with the approved source changes, either before or after award, the Offeror shall promptly notify the Contracting Officer. Failure to provide such notification may result in rejection of offer or cancellation of award.
(2) If the Offeror is not an authorized dealer/distributor for an approved source for the specific item being procured by the Government:
(i) If the offered item is “not in stock/not currently owned by the Offeror" or "not yet manufactured," the following requirements apply:
(A) The Offeror shall furnish a verifiable quotation from the approved source, or from an authorized dealer/distributor for the approved source.
(B) The quotation shall include the following:
(1) The item part number or designation, which shall be provided in sufficient detail to document that the item being quoted is the same as the item being procured by the Government;
(2) The quantity, which shall be sufficient to satisfy the solicitation requirement;
(3) The unit price quoted by the approved source, or by the authorized dealer/distributor for the approved source;
(4) The date of the quotation; and
(5) The name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source.
(C) The quotation shall be on the letterhead of the approved source, or of an authorized dealer/distributor for the approved source; or an electronic quotation, which shall be clearly identifiable as coming to the Offeror from the approved source, or from an authorized dealer/distributor for the approved source.
(D) If the item will be obtained from an authorized dealer/distributor for the approved source, the Offeror shall provide the information described in subparagraph (c)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (c)(1)(ii) of this clause shall apply.
(ii) If the offered item is “shipped” or “in stock/currently owned by the Offeror,” the following requirements apply:
(A) The Offeror shall furnish one of the following documents:
(1) The invoice received by the Offeror from the approved source, or from an authorized dealer/distributor for the approved source; or
(2) The packing slip that accompanied the shipment to the Offeror from the approved source, or from an authorized dealer/distributor for the approved source. The packing slip shall include a packing slip number. (If no packing slip number was provided, the Offeror shall obtain written documentation from the approved source, or from the authorized dealer/distributor for the approved source, verifying the packing slip number. Such documentation shall include the name and address of the approved source, or of the authorized dealer/distributor for the approved source; the date of the correspondence; and the name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source, who provided the information.)
(B) The documentation furnished in accordance with subparagraph (c)(2)(ii)(A) of this clause shall include the following:
(1) Date;
(2) Name and address of the approved source, or of the authorized dealer/distributor for the approved source;
(3) Name and phone number of the representative of the approved source, or of the authorized dealer/distributor for the approved source;
(4) The item part number or designation, which shall be provided in sufficient detail to document that the item provided to the Offeror is the same as the item being procuredd by the Government;
(5) Quantity, which shall be sufficient to satisfy the solicitation requirement;
(6) Unit price charged by the approved source, or by the authorized dealer/distributor for the approved source; and
(7) Offeror’s name and address.
(C) If the item was obtained from an authorized dealer/distributor, the Offeror shall provide the information described in subparagraph (c)(1)(i) of this clause to document the authorized dealer/distributor arrangement; and the terms in subparagraph (c)(1)(ii) of this clause shall apply.
(3) If the items to be furnished are not obtained directly from an approved source, or from an authorized dealer/distributor of an approved source, the Offeror shall provide documentation, as described in subparagraph (c)(2) of this clause, sufficient to establish the complete line of ownership or distribution from the approved source, or from an authorized dealer/distributor for the approved source, to the Offeror.
(d) Notwithstanding any documentation provided by the Offeror prior to contract award, the Government reserves the right to require additional documentation attesting to the authenticity of the material at any time before or after contract delivery.
(e) If the solicitation states that Inspection and Acceptance shall take place at Destination, the Government reserves the right to change the place of Inspection and Acceptance to Origin and to incorporate 52.246-9004, Product Verification Testing, at time of award, with no increase in awarded unit price.
(End of clause)
