Attachment J - Addendum FAR 52.212-1.pdf

ADDENDUM TO FAR 52.212-1

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

INSTRUCTIONS FOR PROPOSAL SUBMISSION

(a) Failure to meet a requirement or adhere to an instruction may result in an offer being ineligible for award.

(b) North American Industry Classification System (NAICS) code and small business size standard. In addition to the above, for NAICS code 325199 – To qualify as small for purposes of Government procurement, the industrial gas manufacturer, including its affiliates, must be a concern that has either no more than 1,250 employees. Employee size standard includes all domestic and foreign affiliates, all owned or leased facilities, and all facilities under a processing agreement or an arrangement such as an exchange agreement or a throughput. To qualify under the employee size standard, the firm, together with its affiliates, must be primarily engaged in industrial gas manufacturing. A firm’s “primary industry” is determined in accordance with 13

CFR § 121.107.

(c) Submission of Offers: Offers shall be submitted by the due date and time provided on the SF1449 block 8. Proposals shall be submitted electronically to Contracting Officer, Tammie Campbell at email: tammie.campbell@dla.mil on or before 3:00 PM, Central Time (CT), Wednesday, March 5, 2025.

The response shall consist of four (4) separate volumes:

Volume I – Technical Proposal Volume II – Past Performance Proposal Volume III – Price Proposal Volume IV – Summary and Miscellaneous Data

1. The Standard Form 1449 must be completed, all SF-30 solicitation amendments (if applicable), Attachment G- Pricing worksheet, QAP 33.10 Manufacturing and Fill Points, Contractor Performance Data Sheet, and all certifications and representations contained in the Aerospace Requirements Page, Section K of the solicitation.

2. Document Content File Format – The minimum font size for the proposal pages is 12 font. Proposals shall be submitted on 8 ½ x 11 paper, except for fold-outs used for charts, tables or diagrams, which may not exceed 11 x17. Required documents must be submitted via electronic email with a request receipt, and should be clearly marked as to solicitation identification and the Offeror’s name, address, CAGE Code, and DUNS number

3. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the offeror’s proposal. Only the minimum amount of information required to provide for proper evaluation is requested. The proposals shall be clear, concise, and include sufficient detail to provide for adequate evaluation and substantiation of the validity of stated claims. Submitted documents must contain adequate information to enable the evaluation team to fully ascertain the Offeror’s capability to perform contract requirements, must meet the requirements of the RFP, and must address the evaluation factors for award. The offeror’s proposal must convey to the Government that the offeror is capable; possesses sufficient technical expertise and experience;

possesses sufficient resources; and is able to plan, organize, and use those resources in a coordinated and timely fashion such that technical requirements will be achieved.

The proposal shall not simply rephrase or restate the Government’s requirements.

The Government will not make other than reasonable efforts to ascertain the meaning of a proposal submission, given that Offeror must follow these instructions for how to arrange and submit a proposal. Inadequate, incomplete or disorganized proposals may be found to be technically unacceptable, and evaluation of that proposal stopped, simply because the evaluators could not reasonably ascertain whether the proposal meets the technical evaluation factors of this solicitation.

4. All information contained in the proposal that an Offeror feel is proprietary should be labeled “Source Selection Information—See FAR 2.101 and 3.104.” Additionally, in accordance with the Department of Defense (DoD) and the Federal Acquisition Regulation (FAR), Controlled Unclassified Information (CUI) markings in a technical proposal should follow specific guidelines to ensure the proper protection of sensitive but unclassified information. Here are the general CUI markings that should be applied:

1. CUI Banner Marking: Each page that contains CUI should have a CUI banner marking at the top or bottom of the page.

2. The format should include: The acronym "CUI"

5. Exceptions (price or technical) taken to the terms and conditions of the solicitation and/or any of its formal attachments shall be identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain the impact, if any, on the performance, price, and specific requirements of the solicitation. Failure to agree to the terms and conditions of the solicitation may result in the offeror being removed from consideration for award.

6. As the Government intends to award without discussions, Offerors are advised of the possibility that their proposals may be found unacceptable if exceptions are taken to the solicitation requirements. All exceptions to the solicitation requirements

(including the SOO) and supporting rationale shall be identified as such and consolidated into an overview section of subject volume. An overview section is only required if the Offeror takes exception to any requirement in the solicitation.

The overview section will not be included in the page count. Exception(s) to solicitation requirements may require the Government to amend the solicitation to reflect requirement change(s). If the Offeror takes no exception to the stated requirements, a statement to this effect shall be included in the respective volume.

7. Question and Answer Period: Any questions relating to this solicitation and its attachments shall be submitted in writing by email addressed to the Contracting Officer by 3:00 PM CT on Tuesday, February 18, 2025. Any questions received after this date may or may not be answered due to the constraints of the solicitation.

8. The offeror’s proposals are due by 3:00 PM CT on Wednesday, March 5, 2025 and must be submitted as one electronic offer via email.

(d) Period for acceptance of offers. It is tailored as follows: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

1. Content of Proposal: Submitted offer must include a “Technical Proposal” in sufficient detail to evaluate compliance with the requirements in the solicitation. A general statement of compliance or restatement of the requirement specifications is insufficient.

Vendor is responsible for ensuring the proposal provided addresses all specifications listed in this solicitation. Descriptive literature information such as illustrations, drawings, or a clear reference, such as website information must be made readily available to the Contracting Officer. The Contracting Officer is NOT responsible for locating or obtaining any information not identified in the proposal and literature. The Government intends to make an award without discussion; to this end, if a proposal does not clearly demonstrate technical compliance and/or does not comply with every requirement contained within this solicitation, the proposal will not be considered for award.

2. The following is inserted as a new paragraph (m) of the provision:

“(m) Proposal Preparation Instructions. (A) To ensure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Offerors must clearly identify any exception to the solicitation terms and conditions as well as provide a complete accompanying rationale.

1. Volume I – TECHNICAL PROPOSAL (submit 1 copy)

(a) This volume shall demonstrate the Contractor’s technical understanding and general description of how the offeror will ensure a reliable supply of on-spec product and/or service to meet the Government’s requirements as stated in the solicitation as of the following:

1. Factor 1 - Technical Approach. Offeror shall provide a technical proposal that at a minimum addresses the following subfactors:

Subfactor 1 a. Production capability per day of proposed fill plant (s). At a minimum, the contractor shall have the capacity to produce and deliver a minimum of 519 gallons per day, for a total of 675,000 gallons over the 5-year ordering period.

Subfactor 1 b. Bulk storage capacity for products offered. The Contractor shall provide a minimum of two (2) JP-10 storage tanks, with a combined usable capacity of at least 135,000 gallons.

Subfactor 1 c. If the offeror will be making deliveries into contractor-provided bulk tanks or drums, describe type, storage capacity in gallons, the number and size of tanks that will be used for storage of product at vendor’s location. The offeror must have a minimum of two (2) bulk storage tanks, each with a minimum capacity of 67,500 gallons.

Additionally, the offer must provide a minimum of twenty (20) drums, each with a minimum capacity of 55 gallons, to store the product at the vendor’s location. The total storage capacity must meet the required incremental build of 100,000 gallons over time, beginning after First Article Test Acceptance.

Subfactor 1 d. The offeror shall describe their in-process quality control procedures that will be implemented to ensure the production and delivery of on-spec products. These procedures must meet the following minimum requirements:

a. JP-10 provided under this contract shall meet the requirements of MIL-DTL- 87107F w/Amendment 1 (Propellant, High Density Synthetic Hydrocarbon Type, Grade JP-10), dated 24 June 2024.

b. PF-1 provided under this contract shall meet the requirements of MIL-DTL- 87173D w/Amendment 1 (Propellant, Priming Fluid, ALCM Engine, Grade PF- 1), dated 6 May 2024.

c. The offeror’s quality control procedures must include, at a minimum, the following elements:

d. Regular inspections at key points in the production process. Testing of raw materials and finished products against specification requirements. Traceability of all products through the production and delivery process. Documentation of quality control results and corrective actions taken to address any non-conformance. A system to ensure that all products shipped under the contract meet the applicable MIL-DTL specifications.

Subfactor 1 e. The offeror shall provide a quality sampling plan that ensures each shipment meets the product specifications, with a minimum requirement to apply tamper-indicating devices (TIDs), such as seals or caps, to each shipping container immediately after filling and sampling. TIDs must be securely applied to prevent tampering, with serial numbers included where possible, and the container and TID numbers must be recorded on both the certificate of analysis and shipping documents. (Refer to the CONTRACTOR SEAL REQUIREMENT in Attachment A - Statement of Objectives).

Subfactor 1 f. JP-10 and PF-1 Pre-production Samples/Previous Testing:

The offerors must demonstrate that their JP-10 and PF-1 products have been properly tested and sourced from an acceptable supplier. At a minimum:

a. If the offeror's JP-10 and PF-1 have been previously tested by a DOD laboratory, submit a certified copy of the analysis with the proposal. The analysis date shall not exceed one year from date of solicitation issuance.

b. If the offeror's JP-10 and PF-1 have not been tested by a DOD laboratory, confirm that a sample was submitted in accordance with Attachment C – Aerospace Energy QAP 45.01, and provide the date the sample was shipped, shipment tracking number, and/or submit a certified copy of the analysis with the proposal.

Subfactor 1 g. Supply Commitment Letter: If the offeror is not the manufacturer of the product to be delivered under the contract or is otherwise proposing to provide product from a fill plant or production facility other than one owned and operated by the offeror, the offeror shall provide a written supply commitment letter from the “owner” of production facility from where the product will be obtained in performance of any resultant contract. The supply commitment letter shall be submitted on owner’s fill plant company letterhead. The written supply commitment letter shall clearly indicate:

a. The owner of the fill plant or production facility is willing to provide the products and/or services quantities required to be delivered/performed under any resultant contract for the duration of the delivery period shown in the Schedule.

b. Confirmation of the quantity and specification of the products to be delivered.

c. The supply commitment letter shall include the signature of the owner of the fill plant or production facility. It shall be presented on the official letterhead of the manufacturer's company and dated within the solicitation period.

Subfactor 1 h. Management Approach: Offeror shall describe their management approach for Bulk JP-10 and PF-1 at EASP for overseeing bulk JP-10 and PF-1 at the Energy Aerospace Support Point (EASP), acknowledging their responsibilities in accordance with the solicitation's Attachment B – Aerospace Requirements. The management approach must also comply with the following DLA clauses:

a. I-0003 I116.05.100 (Responsibility for Government-Owned Energy Aerospace

Products).

b. I-0004 I119.03.100 (Inventory Control Records and Systems of Record at the Contractor Energy Aerospace Support Point).

c. Attachment H – DLA Energy P-11.

Subfactor 1 i. Pre-Award Survey (PAS) and Manufacturing Fill-Point Capability

The objective of this subfactor is to evaluate the offeror's production capabilities and their ability to meet the required quantities as outlined in the solicitation. The PAS is a critical assessment tool used to evaluate the offeror's capacity to fulfill the contract requirements, mitigate potential risks associated with non-performance, and assess the adequacy of the offeror's facilities, processes, and resources. Minimum Requirement to be Acceptable:

a. Pre-Award Survey Compliance: The offeror must comply with the requirement to submit the completed Attachment D - QAP E33.10 Manufacturing and Fill-Point as part of their proposal. Failure to submit the required documentation will result in an unacceptable evaluation.

b. Production Capability Assessment: The offeror’s facilities, equipment, and processes must be sufficient to meet the production demands of the solicitation, as evaluated through the Pre-Award Survey. This includes an adequate assessment of manufacturing capacity, operational efficiency, and resource availability.

c. Risk Mitigation and Performance Assurance: The offeror must demonstrate a clear plan for mitigating potential risks related to non-performance, including any measures for ensuring sufficient capacity for meeting delivery timelines and production volume requirements.

d. On-Site Review (If Applicable): If the PAS requires an on-site review, the offeror must allow the Government or designated representative access to their production facilities to assess their ability to meet the production requirements. Failure to facilitate the on-site review or pass the PAS will render the offeror’s proposal unacceptable.

e. Responsibility Determination: Failure to meet the minimum requirements outlined in the PAS or to provide offers for all solicitation line items may lead to a negative impact on the offeror’s responsibility determination and may result in the proposal being deemed non-compliant.

Evaluation Criteria:

The offeror’s ability to meet production demands and timelines based on the evaluation of Attachment D - QAP E33.10.

Assessment of manufacturing processes, fill-point capacity, and quality control measures.

The offeror’s demonstrated commitment to mitigating risks associated with non-performance.

Compliance with PAS requirements, including submission of necessary documentation and participation in any required on-site evaluations.

Volume II– PAST PERFORMANCE PROPOSAL. (submit 1 copy)

2. Volume II - Factor 2 - Past Performance. Offerors shall complete and use Solicitation Attachment I – Contractor Performance Data Sheet to present their past performance. This data sheet must include recent and relevant contracts for the same or similar items. Each identified contract shall provide the following information: contract numbers, points of contact for Government personnel who accepted or received the products/services, and their phone numbers and email addresses. Additionally, a description of the requirement and an explanation of how it relates to the current requirement must be included.

Recent contracts are defined as those with ordering periods or deliveries occurring, at least in part, within the last five (5) years. For this procurement, relevance is defined as being substantially similar to the current requirement in terms of effort, complexity, dollar value, contract type, and subcontracting/team arrangements. Offerors shall provide no more than three (3) examples of past performance. The past performance proposal must not exceed 5 pages and should use a font size of 12 in Times New Roman font style.

3. Volume III– PRICE PROPOSAL. (submit 1 copy)

(a) This volume shall contain Factor 3 - Pricing as follows:

1. Offerors shall annotate unit prices on SF 1449, pages 6-8, and in Attachment G - Pricing Worksheet. Unit prices and extended amounts must be entered in the Contract Line-Item Number Structure (Attachment G) for each CLIN, with the extended amount equal to the Unit Price multiplied by the number of Units. Ensure all calculations are accurate and verify that amounts on SF 1449 and Attachment G match. Unit prices and extended amounts are limited to two decimal places and must not be rounded. The Excel document must remain unlocked. For evaluation purposes, if there is a mismatch between the SF 1449 and Attachment G, the Attachment G will take precedence. Unit prices shall be formulated, as specified below:

(A) Product with no Monthly Facility Fee (MFF). The offeror shall include all fixed, variable, and incremental costs to produce JP-10 and PF-1 for Government inspection and acceptance, excluding transportation and shipping costs for delivering the product to the specified contractor-leased tanks or drums. The customer is responsible for transportation costs to and from the vendor fill point.

(B) Tank Usage Fee CLIN. Where the schedule includes a CLIN for bulk tank usage fees, as defined in the SOO, the offeror shall include all costs associated with providing two (2) JP-10 bulk storage tanks with a combined usable capacity of at least 135,000 gallons. This includes any additional labor and maintenance costs anticipated beyond normal delivery expenses. Any product stored in contractor-provided tanks shall be billed at the monthly unit price of the applicable product CLIN.

(C) Drumming Fee CLIN. The offeror shall propose a per-drumming fee unit price (per gallon). This price should include all relevant costs, including but not limited to additional personnel required for the drumming of JP-10 or PF-1.

(D) Monthly Storage Fee CLIN. The offeror shall propose a monthly storage fee unit price. This price should encompass all related costs, including but not limited to additional warehouse space and personnel required to manage and store drummed JP-10 and PF-1, as defined in the SOO.

2. Reasonableness: The determination of price reasonableness will involve reviewing all the proposed CLINs. It is anticipated that adequate price competition will satisfy the requirement for price reasonableness for this effort. In general, adequate price competition is sufficient to ensure price reasonableness. For a price to be considered reasonable, it must represent a price that a prudent person would pay, taking into account market prices and affordability. If adequate price competition is not obtained, or if price reasonableness cannot be determined, the Government may require additional information to support the proposed price.

3. Balance: The Government will analyze proposals to determine whether they are unbalanced with respect to CLIN prices, in accordance with FAR 15.404-1. An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

4. As part of the specific information required, with an offeror may be required to submit:

a. Data other than certified cost or pricing data (as defined in FAR 2.101).

b. Information reasonably required to explain the offeror’s estimating processes including, but not limited to:

i. The judgmental factors applied, and the mathematical or other methods used in the estimate, including those used in projecting from known data; and

ii. The nature and amount of any contingencies included in the proposed price.

c. Extreme care should be exercised to ensure that no price data of any kind are included in any other volumes of the proposal.

5. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

6. Documents submitted in response to this RFP must be consistent with the following:

(a) Requirements of the solicitation (CLINs and SOO) and Government standards and regulations pertaining to the SOO.

(b) FAR 52.212-2, Evaluation – Commercial Products and Commercial Services, of this solicitation.

(c) If a volume in the offer exceeds the specified page limit, the excessive pages will not be evaluated.

(d) Format for Volumes I, II, III and IV shall be as follows:

1. Cover pages, Table of Contents, and Tabs will not be counted against the page limits; however, pages depicting tables, charts, graphs and figures will count toward the page limit.

2. Page Layout shall be 8 1/2” x 11” Letter, except for foldouts used for charts, tables, or diagrams, which may not exceed 11” x 17”.

3. A page is defined as one face of a sheet of paper containing information.

4. All printing shall be single-spaced. Spacing characteristics are applicable to charts and graphs.

5. Typing shall not be less than 12 font. Size of print is applicable to charts and graphs.

6. Page margins shall be a minimum of 1 inch top, bottom, and each side.

7. The entire original offer shall be submitted electronically via email to the Contracting Officer Tammie.campbell@dla.mil. The offeror shall submit one electronic version of each deliverable item, do not submit duplicate Volumes/files.

The electronic version shall be submitted in a format readable by Microsoft Office, which includes software programs such as WORD, EXCEL, or PowerPoint. For those pages of the offer that cannot be submitted using Microsoft Office, such as the Standard Form 1449, the Offeror shall include those pages electronically using Adobe Acrobat portable document files (.pdf) format. Scanned copies are acceptable. USB flash drives, CDs, floppy disks, zip disks, video files, or zip files are not acceptable.

8. Elaborate formats, bindings, and color presentations are not desired or required.

(e) Each volume shall be complete and shall not reference information contained in other volumes. Page 1 of a volume is defined as the first page after the Table of Contents. All pages shall be numbered. Price data of any kind shall be presented only in the Price Proposal Volume III. Elaborate formats and color presentations are not desired or required. The following table summarizes the proposal submission:

4. Volume IV– SUMMARY AND MISCELLANEOUS DATA (submit 1 copy)

(a) The offeror shall provide a concise summary and Master Table of Contents of the entire proposal.

(b) Offeror must submit a cover page with the following:

1. Solicitation number

2. Business name, address, offeror point of contact name with email and phone number

3. Small Business Status/Categories as appropriate

4. Cage Code and Unique Entity Identifier

5. A statement that your company understands the requirements specified in the Statement of Objectives (SOO) and will meet the performance standards and requirements therein.

6. A statement that your company does or does not take exception, in accordance with para h above, to any of the requirements of the SOO or terms/conditions of the resulting contract.

7. Total Price along with discount terms.

(c) Submit an acknowledgement of all solicitation amendments, if issued; as well as an acknowledgement of all solicitation clauses and provisions. Please follow the instructions described in Addendum FAR 52.212-1 for any exceptions to the solicitations clauses and provisions.

(d) Along with the requirements outlined in FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services, offeror shall submit the latest online Representations and Certifications at www.sam.gov along with the proposal. For other clauses and provisions in this solicitation, the offeror is required to submit the pages that require offeror fill-in.

(e) If none proposed, submit an Affirmation of no Exceptions, Deviations, or Waivers.

Volumes TITLE ELECTRONIC COPY PAGE LIMIT

I Technical Proposal 1 30

II Past Performance Proposal 1 10

III Price Proposal 1 3

IV Summary and Miscellaneous Data 1 20

NOTE: Offerors are advised that the entire proposal package submission, inclusive of all attachments, shall not exceed twenty (20) megabytes MB. It is recommended the offeror submit their proposal to the Contracting Officer with a “Read Receipt” request*

(End of Addendum)