Attachment K - 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) North American Industry Classification System (NAICS) code and small business size standard. In addition to the above, for NAICS code 325120 – 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 1,200 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.

(b) Submission of Offers: Offers shall be submitted by the due date and time provided on the SF1449 block 8. Technical and Price proposals shall be submitted to Contracting Officer, Tammie Campbell at email: tammie.campbell@dla.mil.

(c) Period for acceptance of offers. 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.

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.

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

“(m) Proposal Preparation Instructions. (A) To assure 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.

mailto:tammie.campbell@dla.mil

The response shall consist of three (3) separate parts: Part I – Summary and Miscellaneous Data, Part II – Technical Proposal, and Part III – Price Proposal.

(B) Proposals must be submitted electronically to Contracting Officer, Tammie Campbell at tammie.campbell@dla.mil on or before 16:00 PM, Central Time (CT), Friday, 06 May 2024.

(C) Specific Instructions:

1. PART I – 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. The name, address, and telephone number of the offeror, 3. CAGE, 4. Total Price along with discount terms (if any);

(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 paragraph (A) 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.

2. PART II– TECHNICAL PROPOSAL. (submit 1 copy)

(a) This part 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 submission that at a minimum addresses the following:

a. Production capability per day of proposed fill plant (s).

b. Plant storage capacity for product offered.

c. If the offeror will be making deliveries to customers, describe type, number and size of containers that will be used for delivery of product to each customer location that the offeror proposes on.

d. Describe the in-process quality control procedures that will ensure the production and delivery of on-spec product.

e. Describe offeror’s proposed quality sampling plan that will be implemented to assure individual shipments made under this solicitation meet the product quality requirements stated in the applicable specification or product describe.

f. Describe all Contractor provided equipment to include a description of size, certifications, instrumentation (including alarms), design parameters, etc.

g. Include a timeline for the purchase, installation, testing and commissioning of the equipment.

h. Describe the method for securing delivery container(s) and/or cargo tank openings with tamper indicating devices (i.e., seals) to prevent tampering and/or pilferage from the time the cargo tank is loaded until it is delivered to its destination. (Refer to the CONTRACTOR SEAL REQUIREMENT contract text.)

i. MMH Pre-production Samples/Previous Testing:

a. If offerors MMH has previously been tested by DOD laboratory, submit a certified copy of analysis with proposal.

b. If offerors MMH has not been tested by DOD laboratory, confirm sample was submitted in accordance with QAP 45, provide date sample was shipped and shipment tracking number, and or submit a certified copy of analysis with proposal.

c. Where does offeror source feedstock, provide vendor name and country?

d. Based on where feedstock is purchased are there any usage limitations for Department of Defense customers or commercial DLA customers?

e. Does offeror anticipate any issues sourcing feedstock through their current source of supply?

j. 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.

2. Factor 2 - Past Performance. Offerors shall complete and use Solicitation Attachment E – Contractor Performance Data Sheet to present their past performance. The past performance data sheet shall include recent and relevant contracts for the same or similar items. Each identified contract shall include the following information: contract numbers, points of contact of Government personnel who accepted/received the products/services, phone numbers and email addresses for those Government personnel, a description of the requirement and an explanation of how it relates to the current requirement. Recent contracts are those contracts with ordering periods or deliveries occurring, at least in part, within the last five (5) years. Relevance, for the purposes of this procurement, is defined as substantially similar to the current requirement in terms of effort, complexity, dollar value, contract type and subcontract/teaming. Offerors shall provide no more than three

(3) examples of past performance. The past performance proposal shall be no longer than 5 pages, using 12 size font and Times New Roman font style.

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

(a) This Part shall contain a completed Contract Line-Item Number (CLIN) Structure Document. Offerors shall complete and use Solicitation Attachment G- Pricing Worksheet.

Factor 3 - Pricing

1.Insert unit prices and extended amounts in the Contract Line-Item Number Structure document (Attachment 7) for each CLIN, the extended amount must equal the Unit Price multiplied by the number of Units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure amounts match when using a spreadsheet program, such as Microsoft EXCEL. The unit prices extended amounts are limited to two decimal places.

2. 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 part of the proposal.

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

(a) Requirements of the solicitation (CLINs and PWS) 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 Part in the offer exceeds the specified page limit cited in the Part Content, the excessive pages will not be evaluated.

(d) Format for Part I & II 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.

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 fold-outs 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 10 pitch. 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 via email to Tammie.campbell@dla.mil. The offeror shall submit one electronic version of each deliverable item; do not submit duplicate Parts/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 Part shall be complete in itself and shall not reference information contained in other Parts. Page 1 of a Part is defined as the first page after the Table of Contents. All pages shall be numbered. 1. Price data of any kind shall be presented only in the Price Submission Part. 2. Elaborate formats and color presentations are not desired or required.

The following table summarizes the proposal submission:

PART TITLE ELECTRONIC COPY PAGE LIMIT

I Summary and Misc. Data 1 15

II Technical Proposal 1 30

III Price Proposal 1 No Limit NOTE: Offerors are advised that the entire proposal package submission, inclusive of all attachments, shall not exceed 20MB. It is recommended the offeror submit their proposal to the Contracting Officer with a “Read Receipt” request*

4.General Information:

(a) Question and Answer Period. From the issue date of this solicitation until 19 April 2024, at 16:00 PM Central Time (CT), all potential offerors are permitted to pose questions. After the aforementioned date and time, no further inquiries will be accepted. Questions should be directed to the Contracting Officer via email at tammie.campbell@dla.mil. Industry questions will be consolidated, and the Government's responses will be made available on SAM.gov through an amendment to the solicitation, if necessary. Extensions to the closing date of an open solicitation are solely at the discretion of the Contracting Officer. Any extensions will be communicated through a Standard Form 30 Amendment of Solicitation, if applicable.

(End of Addendum) mailto:tammie.campbell@dla.mil