Attachment 0001 Solicitation W519TC 23 R 2016.pdf

CODE

(Hour)

PAGE(S)

until local time

A X B

C X D

EX

X

G F

H 27

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 27

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W519TC 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING 6

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

8 - 9

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

10 - 24

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVE

ROCK ISLAND IL 61299

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

17 Nov 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W519TC23R2016

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

1. Army Contracting Command - Rock Island (ACC-RI) hereby issues Solicitation W519TC-23-R-2016 for Non- micronized Pentaerythritol. This solicitation will result in a single firm-fixed price contract that contains a 100% Option Quantity, to be evaluated at time of award. This solicitation is issued in accordance with (IAW) Federal Acquisition Regulation (FAR) Part 15 – Contracting by Negotiation as a non-commercial supply. This solicitation and will be awarded to the responsive, responsible, lowest priced offeror.

2. This requirement is issued as a 100% Small Business Set-Aside under 325180 – Other Basic Inorganic Chemical Manufacturing; size standard is 1,000 employees.

3. The following Contract Line Items (CLINs) are hereby established:

CLIN 0001: Non-Micronized Pentaerythritol – shall be produced IAW drawing 36-1-317, REV E, dated 02 November 2018 (Attachment 0003)

Quantity: 81,400 lbs.

CLIN 0002: A First Article Test (FAT) is required prior to run of production quantity. CLIN 0002 shall be produced IAW drawing 36-1-317, REV E, dated 02 November 2018 (Attachment 0003)

Quantity: 2 pounds /1 each

OPTION: CLIN 1001: Non-Micronized Pentaerythritol – shall be produced IAW drawing 36-1-317, REV E, dated 02 November 2018 (Attachment 0003)

Quantity: 81,400 lbs.

*Pricing to be completed on Attachment 0002 – Price Matrix - W519TC-23-R-2016 – Pentaerythritol.

4. A complete proposal package is defined as and contain the following forms filled out completely and signed where applicable:

Attachment 0001 – Request for Proposal W519TC-23-R-2016 Attachment 0002 – Price Matrix - W519TC-23-R-2016 – Pentaerythritol

5. Complete packages will be submitted by emailing Primary Contract Specialist (CS), Riley DeBrock at riley.j.debrock.civ@army.mil and Amanada Smith at amanada.l.smith.civ@army.mil, Secondary CS before 5:00 PM CST 05 December 2022.

• Offerors shall reference solicitation number W519TC-23-R-2016 and company name in the proposal email subject line.

• Our email system standard is an estimated limit of ten (10) megabytes per incoming email.

• Please be aware that large files may require extra time to be delivered into our email system.

• All proposal documents must be fully delivered into the email system, and time- stamped by the Government server no later than 5:00 PM CST 05 December 2022.

6. Any offeror submitting a proposal agrees by submission that their proposal and the prices contained therein will be valid for 60 days after receipt of final proposals.

7. For any contract resulting from this solicitation, the payment will be made by DFAS, via Wide Area Workflow (WAWF). Electronic Invoicing instructions shall be provided at time of award. A DD250 will be required.

8. Offeror questions regarding solicitation shall be submitted to the solicitation POC no later than 0800 (8:00AM)

CST on 30 November, 2022 in order to ensure that all questions can be answered and posted for all Offeror’s knowledge prior to solicitation closing.

All questions should be directed in writing to the Point of Contact (POC) Riley DeBrock at riley.j.debrock.civ@army.mil and Secondary POC Amanada Smith at Amanada.l.smith.civ@army.mil, providing the RFQ number, W519TC-23-R-2016 in the subject line.

9. This Executive Summary is provided for administrative assistance only and is not intended to alter the terms and conditions of the solicitation in any manner. Provisions of this solicitation and technical data shall prevail over this executive summary.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 81,400 Pound Pentaerythritol, Nonmicronized

FFP

IAW MIL SPEC 36-1-317 REV 5 dated 02 NOV 2018, packaged in 55 lb bags, 40 bags/pallet Alt. packaging for "ground" PE is polyurethane lined, 55 gal, loose head drum SDS and Certificate of Analysis required with each shipment. CoA must contain particle size analysis (DWG 36-1-317 REV E, Note 5 & 7)) FOB: Destination

PSC CD: 6810

NET AMT

0002 1 Each First Article Test (FAT) Pentaerythritol

FFP

IAW MIL SPEC 36-1-317 REV 5 dated 02 NOV 2018, packaged in 2 lb bags.

SDS and Certificate of Analysis required with each shipment. CoA must contain particle size analysis (DWG 36-1-317 REV E, Note 5 & 7)

1001 81,400 Pound OPTION Pentaerythritol, Nonmicronized

FFP

IAW MIL SPEC 36-1-317 REV 5 dated 02 NOV 2018, packaged in 55 lb bags, 40 bags/pallet Alt. packaging for "ground" PE is polyurethane lined, 55 gal, loose head drum SDS and Certificate of Analysis required with each shipment. CoA must contain particle size analysis (DWG 36-1-317 REV E, Note 5 & 7)

Section D - Packaging and Marking

PACKAGING AND MARKINGS

Unless specifically coordinated with PBA Material Management for unique items, - All items should come on standard wood pallets - Be of max pallet height of 56 inches - Pallets must be stackable, and able to be stored as stacked for up to 1 year. Corner posts are suggested - Unique items that aren’t stackable or fragile should be marked as such on the pallet. Pentaerythritol packaged in 55 lb bags, 40 bags/pallet. Alternate packaging for "ground" PE is polyurethane lined, 55 gal, loose head drum.

CERTIFIED MATERIAL TEST REPORTS/CERTIFICATE OF ANALYSIS

For those material(s) identified below, a certified test report shall be made available to the Government/DCAS Quality Assurance Representative (QAR). The test results contained on the certified test reports(s) shall be adequate to determine compliance with all applicable requirements of the material specifications(s) listed below. Availability of the certified test reports are in addition to other contract requirements and does not reduce or prejudice the Government’s right to inspect supplies under other provisions of this contract. The test report(s) shall contain the following:

(a) Name and Address of Supplier.

(b) Purchase Order Number.

(c) Identification of material by specification, revision, amendment and dates, together with type, grade, size, etc.

(d) Quantity of material.

(e) Test results identified by reference to the applicable requirements.

(f) Quantity tested, sample size, and specimen type as applicable.

(g) Date, signature, and

PART NO. MATERIAL SPECIFICATION

CLIN 0001 Pentaerythritol, Non-micronized CLIN 0002 First Article Test (FAT) Pentaerythritol, Non-micronized

********REQUIREMENTS FOR WHICH RESULTS ARE REQUIRED ALL SPECIFIED CRITERIA********

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 6 wks. AFATA 81,400 PINE BLUFF ARSENAL

CENTRAL SHIPPING & RECEIVING POINT

(CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

W41G26

0002 6 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

1001 6 wks. AOE 81,400 (SAME AS PREVIOUS LOCATION)

ADDITIONAL DELIVERY INFO

Requested Delivery Schedule:

CLIN 0002: FAT Delivery of 2 pounds/ 1 each shall be delivered 6 weeks After Date of Contract (ADC).

CLIN 0001: Production quantity 81,400 pounds of Non-Micronized Pentaerythritol shall be delivered 6 weeks After FAT Approval (AFATA).

******Offerors should complete FAR 52.211-8 TIME OF DELIVERY******

Deliveries should be made to the following address:

US Army, Pine Bluff Arsenal Central Shipping Receiving Point (CSRP) Bldg 53-990, 506th Street Pine Bluff, AR 71602

INSTRUCTIONS FOR GPS:

Intersection Search: search intersection of Wise Road and Dollarway Rd in White Hall AR 71602 LAT/LON Search: 34°18'59.8"N 92°06'31.7"W (34.316610, -92.108798 OR FOR NAVIGATION SYSTEMS/GPS: 11905

DOLLARWAY ROAD, WHITE HALL, AR 71602. THIS WILL TAKE YOU TO WHERE YOU TURN TO

ACCESS DEXTER GATE.

* PBA Transportation Inbound, Mr. Jon Reed, phone (870) 540-3610 alternate 3816

• PBA Transportation Officer, Ms. Linda K. Wallace, phone (870) 540-3816

* CRSP Lead, Mr. Wayne Lainhart, phone (870) 540-3134 alternate 3539; darrell.w.lainhart.civ@army.mil CRSP Supervisor, Mr. Almonte L. Smith, (870) 540-3637, Cell (870) 550-0761; almonte.l.smith.civ@army.mil

Pine Bluff Arsenal Working Hours:

Delivery Instructions PBA receiving hours are 0700 – 1430, Mon - Thurs BY APPOINTMENT ONLY; Includes Inert & Freight All Kind (FAK). Appointments shall be made via Carrier Appointment System (CAS). Carriers without access to the CAS System, call (812)854-2199 or (812)854-2339, 48 hours prior to delivery for appointment. Failure to follow the protocol stated herein and/or obtain a scheduled delivery time prior to delivery, may result in the truck being turned away.

No shipments will be accepted on Government holidays. Government holidays are as follows:

New Years Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, 4th of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. If the holiday falls on a Sunday, the holiday will be observed on the following Monday.

*******Carriers that do not register shipments in advance may be turned away.*******

NOTE: ALL CARRIER SHIPMENTS MUST BE SCHEDULE IN ADVANCE.

ETA Registration:

New Users. If you do not have an ETA account, follow the instructions below:

1. Go to ETA Home https://eta.sddc.army.mil

2. Select Register for Access-> First Time Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot.

5. Select the Generate Request Form button at the bottom of the page

6. Enter your information. All required fields contain an asterisk to the left of the field name. Users with a .mil address will be required to register their digital certificate (CAC).

7. After entering information. Select Submit Request.

8. Confirm your email address is correct by selecting OK. A page will be displayed with a Request ID. This will become your ETA User ID upon approval. Your request for access will be reviewed and you will be contacted via email.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email with a link to obtain a password. If you are using your CAC to authenticate, you will not need a password.

11. Approved CAS ETA users will access CAS through the ETA Home Page (https://eta.sddc.army.mil) -> Select Freight/Cargo Systems -> Select Carrier Appointment System (CAS)

Existing Users:

1. Go to ETA Home https://eta.sddc.army.mil

2. Select Register for Access-> First Time Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot.

5. Select the Generate Request Form button at the bottom of the page

6. Enter your information. All required fields contain an asterisk to the left of the field name.

7. After entering information. Select Submit Request.

8. Confirm your email address is correct by selecting OK.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email informing you that you are approved and that you may begin using the CAS application.

11. Approved CAS ETA users will access CAS through the ETA Home Page (https://eta.sddc.army.mil) -> Select Freight/Cargo Systems -> Select Carrier Appointment System (CAS)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-14 Integrity of Unit Prices NOV 2021 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-19 Notification of Ownership Changes OCT 1997 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2022 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Products and Commercial

Services

OCT 2022

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-26 Reporting Nonconforming Items. NOV 2021 52.247-34 F.O.B. Destination NOV 1991 52.247-45 F.O.B. Origin And/Or Destination Evaluation APR 1984 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-4 Alterations in Contract APR 1984 52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7004 Drug Free Work Force SEP 1988 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.239-7016 Telecommunications Security Equipment, Devices, Techniques, And Services

DEC 1991

252.239-7018 Supply Chain Risk FEB 2019 252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a

Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 325180.

(2) The small business size standard is 1,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)

(Contracting Officer shall insert details)

(a) The Contractor shall deliver 2 lbs or 1 each unit(s) of Lot/Item CLIN 0002 First Article Test Non micronized pentaerythritol within 42 calendar days from the date of this contract to the Government at

US Army, Pine Bluff Arsenal Central Shipping Receiving Point (CSRP) Bldg 53-990, 506th Street Pine Bluff, AR 71602 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification.

The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor--

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, 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. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN 0002 FAT Delivery of 2 pounds/ 1 each shall be delivered 6 weeks After Date of Contract (ADC).

CLIN 0001 Production quantity 81,400 pounds of Non-Micronized Pentaerythritol shall be delivered 6 weeks After FAT Approval (AFATA). Offerors should complete FAR 52.211-8 TIME OF DELIVERY.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

5 Percent increase 0 Percent decrease This increase or decrease shall apply to CLIN 0001 and CLIN 1001.

52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES (NOV 2021)

(a) The Contractor warrants that the unit price stated in the Schedule for ___ [offeror insert Schedule line item number] is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that-

(1) Is an established catalog or market price for a commercial product sold in substantial quantities to the general public, and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.

(c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective-

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter or

(ii) if the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are…