B01_Mulcher_Solicitation_W519TC24Q0039_Signed.pdf

UNCLASSIFIED

DEPARTMENT OF THE ARMY

ARMY CONTRACTING COMMAND – ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND, IL 61299-8000

February 27, 2024

US Army Contracting Command – Rock Island, Munitions and Industrial Base Division –

CCRI-AIE

1. This combined synopsis/solicitation for commercial services is prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. The U.S. Army Contracting Command – Rock Island (ACC-RI) hereby requests a quote for a Shearex Vertical Axe Mulcher model VM-50SR and a Werk-Brau D Lock Hydraulic Coupler and installation to a Volvo EC220EL Excavator at Pine Bluff Arsenal (PBA), in accordance with (IAW) Attachment 001 “Mulcher SOW”.

3. Solicitation W519TC-24-Q-0039 is issued as a Request for Quote (RFQ), being awarded using full and open competition, in accordance with (IAW) FAR 12.6. This combined synopsis/solicitation is being released in accordance with (IAW) FAR Part 12 and FAR Part 13.

4. The following NAICCS code and small business size standard apply:

5. Contract will be awarded in accordance with FAR 13.106-3 to the responsive and responsible contractor that is the lowest price that is determined fair and reasonable and meets the terms and conditions of this solicitation.

6. 52.212-1 Instructions to Offerors-Competitive Acquisition, and any addenda to this provision. See Addendum for 52.212-1 for evaluation factors.

7. Offerors shall submit a completed copy of FAR 52.212-3 Offeror Representations and Certifications-Commercial Items with its offer.

8. FAR 52.212-4 Contract Terms and Conditions – Commercial Items, and any addenda to this clause, are applicable to this acquisition.

9. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, and any of the FAR Clauses marked, in the full text FAR 52.212-5 included below, are applicable to this acquisition.

10. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, and any of the FAR Clauses marked, in the full text FAR 52.212-5 included below, are applicable to this acquisition.

NAICS: 562119: Other Waste Collection

Size Standard: $47 M

11. This acquisition is not rated in the Defense Priorities and Allocations System.

12. All questions shall be submitted by 9:00AM, Central time on 05 March 2024. The USG is not obligated to answer questions submitted after this time. All reasonable questions submitted by the date listed above will be answered via an amendment to this RFQ.

13. Delivery:

US Army, Pine Bluff Arsenal Central Receiving Shipping Point (CRSP) Pine Bluff, AR 71602-9500

14. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022 07, published August 10, 2022; and the Defense Federal Acquisition Regulations Supplement 20220623, published June 23, 2022.

15. Quotes shall be submitted electronically via email by 9:00AM, Central Time on 18 March 2024 via email. The points of contact for this action are Meghan Walsh, meghan.l.walsh.civ@army.mil and John Fotos, john.g.fotos.civ@army.mil.

John Fotos Contracting Officer

Encl:

Attachment 001 “Mulcher SOW”

CONTRACT TERMS AND PROVISIONS

The following clauses will be incorporated into the contract by Reference:

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

OCT 2020

52.204-26 Covered Telecommunications Equipment or Services-Representation

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application

JUN 2023

52.212-3 Offeror Representations and Certifications— Commercial Products and Commercial Services

NOV 2023

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

NOV 2023

52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR1984 52.222-49 Service Contract Labor Standards—Place of

Performance Unknown

MAY 2014

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-2 Service of Protest SEP 2006 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition on Persons Convicted of Fraud or

Other Defense-Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DEC 2022

252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced

APR 2020

252.204-7003 Control of Government Personnel Work Product

APR 1992

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation

DEC 2019

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 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7009 Mandatory Payment by Governmentwide

Commercial Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.211-7003

The following provisions and clauses are hereby incorporated by Full Text:

ADDENDUM TO FAR PROVISION 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. The USG intends to intend one award to the lowest priced, technically acceptable, responsible Offeror. The Evaluation Factors for this solicitation are as follows:

• Factor 1: Technical

• Technical Sub-Factor 1: Equipment Description

• Technical Sub-Factor 2: Installation Plan

• Factor 2: Price

In order to be rated Acceptable for the Technical Factor, all Technical Sub- Factors shall be rated Acceptable. An Unacceptable rating in one or more Technical Sub-Factors will render the entire Technical Factor Unacceptable.

Only Offers that are found to be Technically Acceptable, will be evaluated for Price.

2. Offeror shall prepare a quote package that contains all the data listed below.

Quote shall be submitted electronically in compliance with the instructions provided in “Solicitation W519TC-24-Q-0039”.

a. TECHNICAL: A technical description of the equipment being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This document shall be submitted on company letterhead in Adobe Acrobat (.pdf) format. The technical description is limited to no more than 10 pages. The Cover Page and Table of Contents do not count towards page count. The Government is not obligated to review and evaluate any more than the first 10 pages, for Technical. The Cover Page of Technical shall include the following information:

i. Contact information (i.e. name, phone number, and email address) for appropriate company representative.

ii. The technical description shall also indicate whether or not Offeror will be able to comply with the Government’s service schedule (i.e. period of performance).

iii. Confirmation the quote remains valid for a period of 90 days after the submission deadline.

The Technical Volume shall include, at a minimum:

i. Equipment Description - Offer shall submit a description of all equipment offered to ensure installation of mulcher is compliant with Volvo EC22EL excavator.

ii. Installation Plan – Offer shall provide a comprehensive work plan that outlines how the vendor will install mulcher to Volvo EC22EL excavator and test operation to verify all aspects of the system are operating within the parameters of the manufacture specifications.

b. PRICE: Contractor is required to provide the following information within their quote:

i. Vendor Name:

ii. DUNS Number

iii. CAGE Code

iv. Point of Contact (POC)

v. Pricing for Mulcher, Coupler, & Installation

c. Signed acknowledgement of the solicitation and any subsequent solicitation amendments (if any amendments have been issued by the Government).

d. Offeror shall be registered in the System for Award Management (SAM) database to be eligible to receive a Government contract. SAM is to be used for all of the following: (i) contractor registration (formerly CCR), (ii) representations and certifications (formerly ORCA), and (iii) exclusions (formerly EPLS). If Offeror has current representations and certifications in the System for Award Management (SAM) database, Offeror is allowed to submit the SAM representations and certifications in lieu of completing and submitting FAR Clause 52.212-3 (i.e. Attachment 005).

(End)

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):

https://www.acquisition.gov/

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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 DFARS (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)

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES—REPRESENTATION (DEC 2019)

https://www.acquisition.gov/

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov/) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY

2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or https://www.acquisition.gov/dfars/252.204-7018-prohibition-acquisition-covered-defense-telecommunications-equipment-or-services.#DFARS-252.204-7018 https://www.sam.gov/ https://www.acquisition.gov/dfars/252.204-7016-covered-defense-telecommunications-equipment-or-services—representation.#DFARS-252.204-7016 https://www.acquisition.gov/dfars/252.204-7018-prohibition-acquisition-covered-defense-telecommunications-equipment-or-services.#DFARS-252.204-7018 https://www.sam.gov/ essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH

THE MADURO REGIME) (FEB 2020) (DEVIATION 2020-O0005)

(a) Definitions. As used in this provision— “Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”

“Business operations” means engaging in commerce in any form, including acquiring, https://www.acquisition.gov/dfars/252.204-7016-covered-defense-telecommunications-equipment-or-services—representation.#DFARS-252.204-7016 developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

“Person” means—

A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; Attachment Class Deviation 2020-O0005 Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror—

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

252.239-7098 PROHIBITION AGAINST USING FISCAL YEAR 2021 FUNDS TO

MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS DESIGNED TO

BLOCK ACCESS TO CERTAIN WEBSITES (APR 2021) (DEVIATION 2021-

O0003)

Effective immediately, none of the funds appropriated or otherwise made available by the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions as contained in section 8116, division C, title VIII, of Public Law 116-260, may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. These prohibitions apply to all fiscal year 2021 DoD funds appropriated by Public Law 116-260, excluding those funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

This class deviation partially implements section 8116, division C, title VIII, of Public Law 116-260, by requiring offerors to represent, by submission of their offer, that they are not providing as part of their offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.

When using funds made available by Public Law 116-260, or any other Act that extends to fiscal year 2021 funds the same prohibitions as contained in section 8116, division C, title VIII, of Public Law 116-260, contracting officers shall include the attached provision at 252.239-7098, 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) (APRIL 2021), in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12.

(End of Provision)

The Following are Local Requirements specific to Pine Bluff Arsenal (PBA)

PINE BLUFF ARSENAL WORKING HOURS

Carriers must make delivery appointment 24 hours in advance by calling 870-540- 3610. No shipments will be accepted in the absence of the required delivery appointment.

SPECIAL NOTICE FOR CARRIERS:

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

Carriers without access to CAS: call (870) 540-3610 or (870) 540-3611 for an appointment 24 hours in advance. In order to obtain an appointment, you must provide a Bill of Lading (BOL), which must contain an NSN/MAN-P number, DODIC, nomenclature, and HAZCLASS. This includes Freight of All Kinds.

Receiving hours at Bldg 23-330 are from 6:30 a.m. until 2:30 p.m. Monday through Thursday. All shipments must be at Dexter Gate (truck gate) on or before 2:30 p.m. unless prior arrangements have been made. No shipments will be accepted on Friday.

No shipments will be accepted on Government holidays, or in the absence of the required delivery appointment scheduled 24 hours in advance by calling 870-540- 3610.

Government holidays are as follows: New Year’s Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day July 4th, 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.

PACKAGING (PRESERVATION/PACKING/MARKING)

Marking shall be in accordance with the following:

Containers shall be clearly marked as follows:

1. Name of Contractor

2. Contract No. / Order No.

3. Description of items contained therein.

Consignee's name and address

5. End Item: _________________

INSPECTION AND ACCEPTANCE Supply:

Inspection and acceptance will be at destination, unless otherwise provided herein. Until delivery and acceptance, and after any rejections, risk of loss will be on the contractor, unless loss results from negligence of the United States Government.

SHIPPING INSTRUCTIONS:

a. Shipments shall be made at contractor's expense (prepaid) via contractor's choice of carrier to the following destination:

b. US Army, Pine Bluff Arsenal

Central Receiving Shipping Point (CRSP) Pine Bluff, AR 71602-9500

Receiving hours are from 6:30a.m. to 2:30p.m., Monday through Thursday, except federal holidays.

II SHIPPING INSTRUCTION

DELIVERY IS F.O.B. DESTINATION. Shipment is to be prepaid to the destination shown in Block 14 on page 1 of DD Form1155 or Block 15 of Standard Form 1449.

The cost of shipping and risk of loss are borne by the seller. Original bill of lading must be forwarded same day material is shipped to address shown in Block 14 on page 1 of DD Form 1155 or Block 15 of Standard Form 1449. Forward acknowledgement of order and notice of shipment to the address shown in Block 6 of DD Form 1155 or Block 9 of Standard Form 1449. Receiving hours are from 6:30a.m.

to 2:30p.m., Monday through Thursday, except federal holidays.

NOTE: Shipment to any address other than that designated in Block 14, Standard Form 1155 or in Block 15, Standard Form 1449 may result in a delay in payment of your invoice without the commencement of interest accrual under the Prompt Payment Act (Public Law 97 -117).

DELIVERY OF MATERIALS

It is the responsibility of the contractor or subcontractor to inform their vendors or truck drivers of the prime contractor’s name, contract number and work site. Pine Bluff Arsenal is a controlled access installation therefore, subcontractors, vendors, or delivery persons who do not possess the above information and other proper identification as required by the Security Office may be denied access to Pine Bluff Arsenal. Any delay caused by such denial will be at the contractor’s expense and no time extensions for such delays will be allowed. Contractors will provide escorts for suppliers’ trucks from the perimeter gates to job site when required.

(End)