B01 - Attachment 0001 - Addendums.pdf

ADDENDUM TO SOLICITATION W52P1J-20-Q-NB01 for UPPER PUNCH, LOWER PUNCH, and DIE

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.203-11 Prohibition on Contracting with Entities that Require Certain Internal

Confidentially Agreement or Statements – Representation JAN 2017 52.204-7 System for Award Management OCT 2018 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic NOV 2015

Corporation-Representation 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.215-6 Place of Performance OCT 1997 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities OCT 2016

Or Transactions Relating to Iran – Representation and Certifications 252.206-7000 Domestic Source Restriction DEC 1991

PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209- 7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008)

Any contract awarded as a result of this solicitation will be □DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.]

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

ADDENDUM TO 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitations on Payments to Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to APR 2014

Inform Employee of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes—Fixed Price AUG 1987 52.246-2 Inspection of Supplies – Fixed Price-Basic AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility for Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Agency Office of the Inspector General DEC 2012 252.223-7001 Hazard Warning Labels DEC 1991 252.225-7007 Prohibition on Acquisition of United States Munitions List Items from SEP 2006

Communist Chinese Military Companies 252.225-7048 Export-Controlled Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Acquisition.gov

(End of Clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

END OF ADDENDUM TO 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(OCT 2018)

OTHER INFORMATION

NON-RELEASE OF CONTRACT INFORMATION

1. Any proprietary, confidential commercial, trade secret or similar type of information in the contract resulting from this solicitation may not be released to anyone outside the Government.

2. Do not release proprietary, confidential commercial, trade secret or similar type of information from this contract to anyone inside the Government that does not have a legitimate need to know the information.

3. If in doubt about what information in the contract may be released, contact the Contracting Officer.

4. Criminal penalties are provided by 18 U.S.S. for the improper release of proprietary and/or confidential commercial information.

DISCLOSURE OF UNIT PRICE

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23,1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the Contracting Officer is notified of your objection to such release prior to submission of initial proposals.

PACKAGING (PRESERVATION/PACKING/MARKING):

Containers shall be clearly marked, at a minimum, with the information as follows:

a. Name of contractor

b. Contract / Purchase Order Number

c. Description of items contained therein

d. Lot / Batch Number(s)

INSPECTION AND ACCEPTANCE:

1. CLIN(s): 0001, 0002, 0003

2. Government Procurement Quality Assurance Actions And/Or Inspection Will Be Performed At:

Government Facility Pine Bluff Arsenal, Pine Bluff, AR

3. Government Acceptance Will Be Performed At:

Government Facility Pine Bluff Arsenal, Pine Bluff, AR

NOTICE TO TRANSPORTATION CARRIERS

Beginning on 1 March 2016, Pine Bluff Arsenal will no longer receive unscheduled inbound shipments. Scheduling is executed via the Carrier Appointment System (CAS) in Electronic Transportation Acquisition (ETA) tool.

Carriers without access to CAS call (870) 540-3610 or (870) 540-3611 for appointment 24 hours in advance. In order to obtain an appointment, you must provide a BOL (must contain the following: NSNs, DODIC, Nomenclature and HAZCLASS). This includes FAK. Pine Bluff Arsenal Transportation office hours of operation are 7:00 am – 2:30 pm Mon-Thur (except Federal Holidays). Closed for receiving on Fridays.

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

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)

PINE BLUFF ARSENAL WORKING HOURS

Receiving hours at Bldg 53-990 are from 6:30a.m. until 2:30p.m. Monday through Thursday.

All shipments must be at Dexter Gate (truck gate) on or before 2:30p.m. unless prior arrangements have been made.

No shipments will be accepted on Friday.

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, 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.

AUTHORIZED SIGNATURE (MAR 2000)

The signature on this solicitation, offer or contract should be the signature of:

(a) A Corporate Officer (President, Vice-President, Treasurer, Secretary); or,

(b) An individual authorized in writing by a Corporate Officer to bind the company to a legal document.