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CLAUSE
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00XX
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INSTRUCTIONS,
CONDITIONS AND EVALUATION |
0001
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072110 |
SOLICITATION
INSTRUCTIONS |
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Seller
shall comply with the instructions herein when
responding to the solicitation. |
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1.
Solicitation responses received after the specified
"Bid Close Date" may be considered
nonresponsive. Any extension of the "Bid
Close Date" must be approved by the Boeing
Purchasing Representative.
2. Seller shall provide pricing for the next
highest quantity break, if any, above the quantity
specified herein.
3. Solicitation responses must be based upon
zero shipping tolerance. If Seller's offering
price can be reduced by allowing for shipping
tolerances, Seller must so indicate by quantifying
the reduction and specifying the shipping tolerance.
4. Seller shall indicate any manufacturer's
part number if the solicitation response proposes
an equivalent item other than the requirement
stated herein.
5. Seller shall return the original Request
For Quotation, completed with the information
indicated below and signed and dated. If Seller
received a Request For Proposal (RFP), the information
indicated below must be provided as part of
the solicitation response:
a. Terms of Payment;
b. FOB point (if different);
c. Unit price for quantities indicated, Seller's
corresponding unit of measure and the extended
price (total of the quantity required multiplied
by the unit price);
d. Seller's delivery schedule. Note that if
Seller can deliver in accordance with the Boeing
required schedule, a separate indication of
schedules is not required;
e. Production lead-time required (in weeks).
6. Seller shall carefully review all documents
referenced and received with Boeing's solicitations
(RFP/RFQ) to ensure the following:
a. All information required to properly respond
to the solicitation has been received;
b. All tooling and material requirements, processes
and procedures are understood and priced accordingly
in the response to the solicitation.
7. Seller accepts the responsibility to contact
the Boeing Purchasing Representative, at the
number noted on the solicitation, to resolve
questions or concerns regarding the solicitation.
8. Requests from successful Seller (i.e., Bidder)
for additional funding or schedule adjustments
to cover factors not initially included in the
response to the solicitation will not be recognized
by Boeing; thus Seller shall be held liable
to meet all requirements, including but not
limited to price and delivery, as originally
quoted.
9. Seller acknowledges by its response to this
solicitation that no former Boeing employee
is representing Seller in connection with this
solicitation or any resulting order. |
0002 |
NEW* |
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SPECIAL
INSTRUCTIONS REGARDING PARTS MANUFACTURER APPROVAL
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Work
awarded pursuant to this solicitation will result
in Seller providing parts which will be installed
into a Federal Aviation Administration (FAA) type
certificated Aircraft (parts hereinafter designated
"Aircraft Parts"). Except for
standard parts (such as nuts and bolts) conforming
to established industry or United States specifications.
Aircraft Parts must be produced under an
FAA approval such as a Technical Standard Order
(TSO) or Parts Manufacturer Approval (PMA) or
an equivalent foreign approval recognized by the
FAA under a bilateral agreement with the government
of the foreign country.
Federal Aviation Regulation, Part 21, Subpart
K, applies to this transaction.
Seller must complete and return with its solicitation
response Form DAC 26-913, Representations Regarding
Approval Status of Seller, which form may be found
in Section V of Form DAC 26-730, Solicitation
Clauses and Terms and Conditions for Procurement.
Seller will indicate its status with respect
to the required government approval or its commitment
to obtain the required government approval (as
mandated by the general terms and conditions of
the anticipated award) on the form. |
0004 |
NEW* |
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QUOTATIONS
SENT VIA FACSIMILE (FAX) |
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Return
of the solicitation response via facsimile (FAX)
transmission to Boeing is expressly authorized.
Reference the solicitation number on the
FAX cover sheet and include the Boeing address
and the name and location of the Boeing Purchasing
Representative. The telephone number of
the FAX machine(s) authorized to receive the transmission
of the solicitation response is indicated on the
solicitation. In addition, Seller shall
send the original solicitation response to the
Boeing Purchasing Representative in accordance
with the requirements of Clause 0005, as applicable.
WARNING: to ensure the integrity of the
solicitation process, Boeing strongly urges Sellers
to use only FAX machine(s) specifically authorized
for receipt of controlled bids and reserves the
right to deem any solicitation response to be
nonresponsive and ineligible for award if it was
submitted via a FAX machine not authorized in
writing by Boeing. |
0004A |
NEW* |
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FAX-ONLY
QUOTATIONS |
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Return
of the solicitation response via facsimile (FAX)
transmission to Boeing is expressly authorized
and is the only acceptable method of response.
Reference the solicitation number on the
FAX cover sheet and include the Boeing address
and the name and location of the Boeing Purchasing
Representative. The telephone number of
the FAX machine(s) authorized to receive the transmission
of the solicitation response is indicated on the
solicitation. Suppliers are cautioned that
responses received after the date required by
the solicitation or by means other than FAX will
not be considered. |
0005 |
NEW* |
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RETURN
QUOTE TO BID CONTROL |
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Return
the solicitation response via U.S. mail or recognized
common carrier in the Boeing (blue) bid envelope,
Form DAC 26-661, to the address indicated on the
solicitation. To ensure the solicitation
response is received by the proper Bid Control
Center, the specific location and internal mail
code must be incorporated into the address by
the Buyer. Reference the solicitation number
on the envelope. If the solicitation response
cannot be placed in the envelope provided, the
Boeing bid envelope must be attached to the outside
of the package. Where multiple volumes of
the solicitation response are provided, only the
volume which contains the cost or pricing information
must go to bid control. All other volumes
may be sent directly to the Boeing Purchasing
Representative. |
0005A |
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RESERVED
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0006
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072110 |
RETURN
QUOTE TO BUYER |
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Return
the solicitation response via U.S. mail, common
carrier, electronic system or facsimile (FAX)
directed to the attention of the buyer at the
address shown on the solicitation. The Buyer's
name, location, internal mail code and the telephone
number of the FAX machine(s) authorized to receive
transmission of solicitation responses are shown
on the solicitation. |
0010 |
D-5 |
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SELLER
SIZE AND POINT OF MANUFACTURE |
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Seller's
solicitation response must state the number of
employees of Seller, the place of manufacture
of the items, and whether Seller is a large or
small business. |
0015 |
D-11 |
072110 |
Deleted |
0020 |
D-12 |
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SELLER
OFFSET COMMITMENT |
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Seller's
solicitation response must include a firm commitment
to support Boeing's offset, coproduction and
similar obligations to certain foreign governments
(hereinafter collectively called "offset"
obligations). These offset obligations have
been accepted by Boeing as requirements for
the sale of products to these foreign customers.
The commitment proposed by Seller will be a
factor in Boeing's evaluation of Seller's solicitation
response.
In order that Seller's commitment relates to
Boeing's offset obligations, such firm commitment
is expected to approximate twenty-five percent
(25%) of the value of any contract that may
be awarded as a result of this solicitation.
Most offset obligations require approximately
one-third of the total to be in coproduction
(aircraft related products) and the remaining
two-thirds can be in counter-trade (goods and
services used in any of Seller's operations;
transfers of technology, joint ventures; and
travel and tourism involving the customer airline).
Obtaining credit for offset commitments by
Boeing and Boeing's suppliers requires a formal
procedure that varies among the countries. Credits
are usually granted for business instigated
by Boeing and its suppliers with advance notice
to the customers.
If a contract is awarded to Seller as a result
of this solicitation, an agreement separate
from the awarded contract will be entered into
to cover the details of Seller's firm commitment.
If additional information regarding the offset
program is necessary for Seller to respond to
this solicitation, contact the Boeing Purchasing
Representative. Questions and answers will be
provided to all respondents. |
0030 |
G-2 |
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EVALUATION
OF QUOTE |
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Boeing
reserves the right to reject any and all solicitation
responses and to evaluate all solicitation responses
with regard to quality, price, assurance of timely
delivery, and all other factors that Boeing, in
its sole discretion, deems relevant. |
0031 |
B-6 |
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ALTERNATE
QUOTES |
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Seller
is invited to submit additional, alternate solicitation
responses which might reduce the price by taking
advantage of price breaks, delivery schedule variations,
more economical packaging, bulk handling or changes
to configurations, materials, tolerances, finishes,
etc. which will not impair any essential characteristics
of form, fit or function, such as service life,
reliability, ease of maintenance or interchangeability.
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0032 |
C-1 |
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QUOTE
FIRM FOR THREE MONTHS |
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Seller
must accompany its solicitation response with
a written assurance that it will be held open
and not revoked for lack of consideration for
a period of three (3) months. |
0033 |
NEW* |
072110 |
BEST
VALUE |
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The
offerer is advised that this solicitation shall
be evaluated based on price/cost, past delivery
performance, and past quality performance factors.
Boeing shall use the data set forth in its Boeing
Enterprise Supplier Tool (BEST) to determine the
past delivery and quality performance in such
evaluation. |
0040 |
G-1 |
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NO
BID RESPONSE |
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If
Seller declines to submit a solicitation response
for any item described in this solicitation, Seller
is requested to state the reason for such "No-Bid"
response. |
0050 |
B-5
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DISCOUNTS
FOR PROMPT PAYMENT |
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The
amount and terms of any prompt payment discount
proposed in Seller's solicitation response will
be a factor in Boeing's evaluation of the solicitation
response. |
0060 |
D-1 |
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POTENTIAL
SPLIT REQUIREMENTS |
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Unless
Seller otherwise specifies in its solicitation
response, Boeing may accept any item or group
of items and may make an award on any item for
a quantity less than the quantity stated at the
unit price indicated. |
0070 |
A-2 |
072110 |
Deleted |
0075 |
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RESERVED
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0080 |
NEW* |
072110 |
Deleted |
01XX |
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CERTIFICATIONS |
0101 |
E-1 |
072110 |
Deleted |
0110 |
E-6 |
072110 |
Deleted |
0120 |
E-2 |
072110 |
Deleted |
0121 |
NEW* |
072110 |
Deleted |
0122 |
NEW* |
072110 |
Deleted |
0130 |
E-3 |
072110 |
Deleted |
0131 |
E-4 |
072110 |
Deleted |
0132 |
NEW* |
072110 |
Deleted |
0140 |
E-5 |
072110 |
Deleted |
0150 |
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RESERVED |
0160 |
B-4 |
072110 |
Deleted |
0170 |
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RESERVED
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0171 |
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RESERVED
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0180 |
NEW* |
072110 |
Deleted |
0181 |
NEW* |
072110 |
Deleted |
02XX |
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FINANCIAL |
0201 |
B-1 |
072110 |
COST
BREAKDOWN |
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Seller
shall prepare the cost/price portion of the solicitation
response and submit form DAC 26-687 for work to
be performed under a commercial contract. The
form and form instructions are located at Section
V of the Form DAC 26-730. Seller's compliance
with the form instructions will be used by Boeing
in the evaluation of the solicitation response.
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0202 |
NEW* |
072110 |
Deleted |
0205 |
NEW* |
072110 |
Deleted |
0210 |
D-2 |
072110 |
Deleted |
0220 |
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072110 |
Deleted |
0230 |
B-2 |
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AGREEMENT
TO FURNISH SUPPLEMENTARY PRICING INFORMATION |
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By
submission of a solicitation response Seller
agrees:
1. Seller's books, records, documents and other
supporting data shall be made available to Boeing,
or its authorized representative, for inspection
and audit as required by Boeing in connection
with any negotiations prior to contract award.
2. Seller shall, upon request of Boeing, furnish
a statement in such form as stipulated by Boeing,
together with applicable projections and support
data. Such statement shall be based on current,
accurate and complete cost information and so
certified by a responsible officer.
3. Seller's solicitation response must include
the name of Seller's employee who is most familiar
with cost and pricing data supporting the prices.
4. Seller agrees no restriction will be imposed
on the release of any audit report to Boeing. |
03XX |
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GOVERNMENT
FACILITIES/PROPERTY |
0301 |
B-3 |
072110 |
Deleted |
0310 |
D-3 |
072110 |
Deleted |
04XX |
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TOOLING |
0410 |
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072110 |
Boeing
FURNISHED TOOLING |
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See
the solicitation for a listing of tooling anticipated
to be provided in connection with the work to
be performed under any resulting Purchase Order/Contract.
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0411 |
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072110 |
NO
Boeing FURNISHED TOOLING |
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Boeing
does not anticipate that any tooling will be provided
to the Seller in connection with the work to be
performed under any resulting Purchase Order/Contract.
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0420 |
D-6 |
072110 |
Deleted |
0430 |
D-10 |
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LISTING,
DESCRIPTION AND PRICING OF TOOLING AND ACCESSORIES
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Seller
must indicate if tooling or accessory equipment
is required to produce the goods contemplated
in this solicitation. For purposes of this Clause,
tooling includes "use-only" tooling.
If tooling or accessory equipment is required,
Seller shall provide a complete listing, description
and separate pricing with the solicitation response.
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05XX |
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INTELLECTUAL
PROPERTY |
0501 |
A-1 |
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RESTRICTIVE
LEGENDS ON SELLER PROPRIETARY DATA |
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Boeing
acceptance of any document marked with a restrictive
legend does not indicate Boeing agreement that
information contained therein is proprietary.
Boeing will have the right to reproduce any submitted
data, drawings or other material as required for
evaluation purposes only, even though marked with
a restrictive legend. It is understood that, in
the event information contained in submitted documents
is already within Boeing's knowledge, is obtained
from any source without restriction, or is for
any reason not protectable at law, restrictive
markings which purport to cover the information
shall not be valid nor be binding upon Boeing.
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0502 |
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072110 |
PROPRIETARY
DATA CONTROL |
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All
Boeing furnished data and information relating
to this solicitation, including interface or other
technical data of Boeing's subcontractors which
is revealed to Seller, is considered to be proprietary
to The Boeing Company acting by and through its
division Boeing Commercial Airplanes or Boeing's
subcontractors and all rights therein are reserved.
Boeing hereby provides the Seller the right to
use the proprietary data and a limited license
to reproduce any copyrighted material from this
solicitation based on the following conditions:
The Seller arees that by accepting this soliciation
and related documents that neither the solicitation
data nor any part of the related information
disclosed to the Seller shall be reproduced
or transferred to other documents except for
purposes relating to the Seller's response to
this solicitation. The Seller agrees not to
use or disclose to others, for manufacturing
purposes or any other purpose, the data provided
except as specifically authorized by The Boeing
Company acting by and through its division Boeing
Commerical Airplanes in this solicitation and
any resulting Purchase Order/Contract.
The Seller further agrees to respect the confidential
nature of the disclosure, oral and/or written,
and not to disclose to others except to discuss
it within the Seller's own personnel or with subcontractors
who agree to respect the confidential nature of
this information and the conditions set forth
in this Clause. The purpose of revealing this
information to the Seller is to permit the Seller's
employees to evaluate the data and to use the
information in the preparation of the Seller's
response to this Boeing solicitation. If at a
later date the Seller desires to use this information
for any other purpose, the Seller agrees not to
do so unless and until first obtaining either
a formal Purchase Order/Contract from Boeing or
Boeing's written permission.
SELLER AGREES TO DESTROY OR RETURN
THE DATA TO BOEING IN THE EVENT THAT SELLER
IS NOT SELECTED TO RECEIVE THE AWARD RESULTING
FROM THIS SOLICITATION.
The above obligations shall not apply or shall
cease to apply, as appropriate, to the information
disclosed when it can be established by Seller
that the information was in the public domain
at the time of this disclosure; such information
was known to Seller prior to this disclosure;
or such information has become known to Seller
from an independent source which did not receive
it from Boeing under an obligation of confidence.
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Form
DAC 26-875, Seller's Assertions and Justifications
for Identifying Technical Data or Computer Software
with Limited or Restricted Rights, is incorporated
herein by reference. |
0510 |
NEW* |
072110 |
Deleted |
0511 |
NEW* |
072110 |
Deleted |
0512 |
NEW* |
072110 |
Deleted |
0513 |
NEW* |
072110 |
Deleted |
0514 |
NEW* |
072110 |
Deleted |
0520 |
NEW* |
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EXPORT
CONTROL OF TECHNICAL DATA |
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Boeing
is providing with this solicitation certain technical
data which is subject to export laws of the United
States of America.
Such data may not be used for any purpose other
than preparing Seller's response to this solicitation.
If the data will be needed by foreign subcontractors,
Seller must identify each such proposed foreign
subcontractor, the country of origin, the kind
of work to be subcontracted and the anticipated
percentage of the work to be subcontracted in
relation to the total scope of work in Seller's
response. If Seller is not selected to receive
the award, Boeing shall require Seller to return
or destroy the data, at Boeing's election. Similarly,
Boeing may require Seller to certify in writing
that it has complied with Boeing's directions.
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06XX |
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MISCELLANEOUS |
0601 |
D-7 |
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SELLER
TO ADVISE LOCATION OF QUALIFICATION TESTS |
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Seller
must advise whether all qualification testing
is to be done at its facility and if not, what
tests are to be subcontracted and to what laboratory.
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0602 |
D-8 |
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NEW
ITEMS REQUIRING QUALIFICATION TEST -- QUALIFIED
UNITS |
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Seller's
solicitation response must state the number of
days (after the date of issuance of the contract
contemplated by this solicitation) for delivery
of unqualified units and the number of days (after
delivery of the unqualified units) for delivery
of qualified units. |
0610 |
D-9 |
072110 |
BOEING
FURNISHED RAW MATERIAL |
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Boeing
furnished material will be in random lengths or
sizes. Seller must specifically state any exception
taken to use of randomly sized material in the
solicitation response. |
0615 |
NEW* |
072110 |
Deleted |