W519TC-23-Q-2044.pdf

SEE ADDENDUM

(No Collect Calls)

W519TC23Q2044 27-Jan-2023

b. TELEPHONE NUMBER

(309) 782-0703

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 02 Feb 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W52P1J9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHEILA K. PETERS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE W44W9M 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MCALESTER ARMY AMMUNITION PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

324122

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF29

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W519TC23Q2044

Section SF 1449 - CONTINUATION SHEET

SOLICITATION NARRATIVE

PRE-AWARD QUALIFICATION IS REQUIRED.

This requirement will result in a Firm-Fixed-Price contract for the purchase of Asphaltum Compound, Hot-Melt to support operations at McAlester Army Ammunition Plant (MCAAP) solicited on an unrestricted basis.

1. Due to the urgency of this requirement, contractors shall be qualified by the Government before the solicitation closing date to be considered award.

2. Contractors interested in becoming qualified for any future requirements, will be required to submit a Qualification Sample for testing and analysis. Contractors will be required to coordinate the Government's on-site observation of the contractor's production processes that culminated in the Qualification Sample submittals.

Contractors shall also submit a Certificate of Conformance, Certificate of Analysis, with full analytical results listed for that specific lot, Hazardous Materials Warning Labels, United States Navy (USN) reactivity approval documentation, and a Material Safety Data Sheet, along with their proposal, and with each shipment.

3. Contractors shall be required to submit a Qualification Sample to the Government for testing to determine compliance with MIL-DTL-3301D, the compliance and reactivity evaluation. Qualification Sample shall consist of a minimum of a five (5) pound Qualification Sample, up to a maximum of a 47-pound Qualification Sample.

Contractors will be required to have an approved reactivity test completed by USN prior to the solicitation closing date and time.

4. After receipt of the Qualification Sample, the Contracting Officer will notify the contractors, in writing, of the approval, conditional approval, or disapproval of the submitted samples. The notice of approval or conditional approval shall not relieve contractors from complying with all requirements of the specifications and all other terms and conditions of the solicitation. A notice of conditional approval will state any further action required of contractors. A notice of disapproval will eliminate contractors from the competition. The contractor is responsible for complying with all of the costs associated with the pre-award qualification, except for Government travel. The Government reserves the right to waive any or all requirements for the pre-award qualification, site visit, reactivity and compatibility tests based on verifiable contractors who regularly engage in the manufacture of asphalt compound material and provide proof that they have previously made and supplied an asphalt compound product that was produced, presented, accepted, and consumed by the Government for MCAAP.

5. Qualification Samples shall meet the following:

a. The Government shall witness the production of Asphaltum Compound, Hot-Melt at the manufacturing facility.

b. The Government shall witness all specification testing of the Qualification Sample and 1st batch of Asphaltum Compound, Hot-Melt.

c. Asphaltum Compound, Hot-Melt shall meet all of the requirements of MIL-DTL-3301D. Within this MILSPEC, contractors must conform to all references and tests required in regards to MIL-DTL-3301D qualification, compatibility and reactivity testing requirements.

d. Manufacturer shall be a United States based concern with all production occurring within the United States.

**NO MATERIAL SHALL BE ACCEPTED FOR PRE-AWARD TESTING UNLESS THE GOVERNMENT

WITNESSED THE MANUFACTURING OF THE MATERIAL(BATCH).**

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 439,920 Each

ASPHALTUM COMPOUND, HOT MELT

FFP

ASPHALTUM COMPOUND, LOW MELT, FOR COATING THE INNER

WALLS OF METAL CASES PRIOR TO FILLING WITH EXPLOSIVES.

IAW SPEC MIL-DTL-3301D

PACKAGED IN 47 POUND CORRUGATED BOX, NON STICK COATING

ON ALL INTERIOR SURFACES INSIDE BOX DIMENSIONS 13-3/4" X 11-

3/4" X 9-1/2" WITH NON-STICK COATING ON ALL INTERIOR BOX

SURFACES AND SHALL BE PALLETIZED AND SHRINK WRAPPED.

CERTIFICATE OF CONFORMANCE / CERTIFICATE OF ANALYSIS

REQUIRED*

FOB: Destination

SPEC NR: MIL-DTL-3301D

PSC CD: 8030

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 15-FEB-2023 43,992 MCALESTER ARMY AMMUNITION

PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

FOB: Destination

W44W9M

0001 01-MAR-2023 43,992 (SAME AS PREVIOUS LOCATION)

0001 15-MAR-2023 43,992 (SAME AS PREVIOUS LOCATION)

0001 29-MAR-2023 43,992 (SAME AS PREVIOUS LOCATION)

0001 12-APR-2023 43,992 (SAME AS PREVIOUS LOCATION)

0001 26-APR-2023 43,992 (SAME AS PREVIOUS LOCATION)

0001 10-MAY-2023 43,992 (SAME AS PREVIOUS LOCATION)

0001 24-MAY-2023 43,992 (SAME AS PREVIOUS LOCATION)

0001 14-JUN-2023 43,992 (SAME AS PREVIOUS LOCATION)

0001 21-JUN-2023 43,992 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

ADDENDUM TO 52.212-4

MCALESTER ARMY AMMUNITION PLANT (MCAAP) LOCAL INFORMATION

RECEIVING OFFICE REQUIREMENT – MCAAP

At the McAlester Army Ammunition Plant truck shipments are accepted at Warehouse 8, Receiving Office, Monday through Thursday (except holidays) from 6:30 A.M. until 3:00 P.M. only. All shipments and deliveries must be at the main gate (truck gate) on or before 3:00 P.M. No shipments will be accepted after 3:00 P.M. unless prior arrangements have been made.

The McAlester receiving office will be closed and NOT accepting any deliveries on the following dates in calendar year 2023 and the first month of 2024. Those dates are:

Monday, January 16, 2023 - Martin Luther King Jr. Day Monday, February 20, 2023 - Presidents' Day Thursday, May 25, 2023 - Founder's Day Monday, May 29, 2023 - Memorial Day Monday, June 19, 2023 - Juneteenth Holiday Monday - Tuesday July 3-4, 2023 - Independence Day Shut Down Monday, September 4, 2023 - Labor Day Monday, October 9, 2023 - Columbus Day Thursday, November 9, 2023 - Veterans' Day (Observed) Thursday, November 23, 2023 - Thanksgiving Day Monday - Thursday, December 25-28, 2023 - Christmas Holiday Shut Down Monday, January 1, 2024 - New Year's Day Monday, January 15, 2024 - Martin Luther King Jr. Day

Any deliveries for Thursday afternoons during the months of May and June SHALL BE scheduled in advance by calling 918-420-6695 to verify that deliveries are being accepted that day.

To gain entry to the installation for shipment/delivery, delivery drivers shall have a valid driver's license, residency status documentation (green card) if foreign national, and NO outstanding criminal history. Any other occupants of the delivery vehicle must also meet these requirements.

No shipments will be accepted on government holidays.

Also reference Security Requirements if needed.

PROHIBITED WITHIN GENERAL CONFINES OF INSTALLATION

The following are prohibited within the general confines of the McAlester Army Ammunition Plant at any time:

(a) Firearms/dangerous weapons

(b) Drugs/intoxicants

(c) Binoculars, cameras, camera equipment, cell phones and PDAs with camera capability (unless authorized by the Security Officer)

(d) Matches, lighters or other fire flame or spark producing devices in designated areas

(e) Gas cans/flammable material storage containers (unless approved by MCAAP Fire Department)

(f) Fireworks without the Commander's approval

(g) Smoking in all buildings, when handling flammable and hazardous materials, in railroad cars, trucks and vans, on warehouse docks and platforms, in open storage containing combustibles, within 50 feet of a gasoline refueling storage or drainage area, where posted signs prohibit smoking.

SECURITY REQUIREMENTS - BADGING

(a) Any foreign nationals without a green card will not be allowed entrance to the installation. Those individuals with a green card must be escorted within the restricted area at all times

(b) Contractors by virtue of contract award will be given access privileges to McAlester AAP.

Contractors/Sub_Contractors are required to provide security at McAlester AAP a letter of introduction for company personnel by providing the following: 1) Name; 2) Physical Address (including city and state); 3) Date of Birth; 4) Place of Birth; and 5) Whether or not they are a U.S. Citizen on company letterhead. Photo I.D. will also be required to obtain a security badge. Information shall be provided to McAlester AAP, Security Division, Attn: Ms. Ginger Maxwell, McAlester, OK 74501, ginger.a.maxwell.civ@mail.mil (Applies to contracts that require access to restricted areas)

(c) Each member of the Contractor's work force shall be individually badged at the Security Office in Building 31.

The badge shall be retained and worn by the Contractor's employees throughout the contract period. (Applies to contracts that require access to restricted areas)

(d) Contractor is responsible for the turn-in of all security badges, including sub-contractors badges, daily and upon completion of the contract or termination of individual employees. (Applies to contracts that require access to restricted areas)

(e) Report lost badges to the Security Office and the KO as soon as the loss is discovered. (Applies to contracts that require access to restricted areas)

(f) Be prepared to produce security badges each time entering a security area. Temporary badges for any individual who may have forgotten his/her badge can be obtained from the Security Office. (Applies to contracts that require access in restricted areas).

SECURITY REQUIREMENTS - VEHICLES

(1) TRAFFIC ENFORCEMENT: (a) McAlester AAP traffic laws are enforced by the Law Enforcement and Security Division using Oklahoma state codes. All roads/streets have speed limit signs posted; (b) Traffic violations are adjudicated by the U.S. Magistrate located at McAlester AAP. Court appearances may be requested or mandatory; and (c) Radar is used to enforce traffic speed limits.

(2) INSURANCE: All vehicles entering the installation must possess the minimum insurance as required by the State of Oklahoma.

(3) VEHICLES: (a) Vehicles entering McAlester AAP, whether Contractor-owned or privately owned, shall undergo inspections and may be issued a pass if entering a restricted area. Vehicle permits for restricted areas will be issued for up to 45 days maximum. Each vehicle will be required to carry a fire extinguisher at all times; (b) Company or privately-owned vehicles, when parked, must have ignition keys removed. After duty hours, vehicles left on the installation will be parked outside restricted areas unless otherwise stipulated in the contract. Vehicles or equipment remaining inside restricted areas will be properly secured or immobilized; and (c) Contractor is solely responsible for the removal of incapacitated vehicles or equipment from restricted areas. (d) All vehicles shall be parked at least 20 meters from all buildings unless unloading or loading; and (e) The contractor can expect to be inspected at one or all of the two manned gates. The contractor should expect five to ten minute delays at each gate.

In addition, to get to some of the remote areas, the contractor should expect at least a 15-minute delay both in and out to allow security to open necessary gates.

(4) RESTRICTED AREAS: Any contractor personnel granted access into restricted areas will be subject to vehicle search upon entering or leaving these areas possibility resulting in some delay. Any non-US contractor personnel granted access into restricted areas w ill at all times be escorted by US contractor personnel who have been properly badged and granted access. (Applies to contracts that require work in restricted areas).

ARMY CONTRACTING COMMAND – ROCK ISLAND (ACC-RI) LOCAL INFORMATION

Clauses/Solicitation Provisions Incorporated By Reference

This solicitation incorporates one or more clauses and/or solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

http://farsite.hill.af.mil/ http://www.arnet.gov/far/ http://aca.saalt.army.mil/library/acq-instructions

Disclosure of Unit Price Information

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.

(End of Provision)

Postaward Conference

The contractor agrees to attend any Post-Award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation subpart 42.5.

Authorized Signature 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

CERTIFICATE OF ANALYSIS

The vendor shall submit a "Certificate of Analysis" for their product with their proposal, which shall meet the specification requirement of MIL-DTL-3301D. This analysis shall contain the following information:

(1) Manufacturer Name (Materials are qualified by manufacturer, not distributor)

(2) Product Name or Description

(3) National Stock Number (If applicable)

(4) Specification

(5) Lot/Batch Number

(6) Manufacture Date

(7) Expiration/Re-Inspection Date

(8) Analytical Data:

(a) Heat Resistance

(b) Acid Resistance

(c) Water Resistance

(d) Flexibility

(e) Chemical Requirements:

(f) Acidity, AS H2S04

(g) Alkalinity, AS NaOH

(h) Insoluble Matter in Toulene

(i) Ash

(j) Manganese

(k) Lead

(l) Softening Point

(m) Penetration

(n) Viscosity

(o) Flash Point

(p) Reactivity

(9) Statement of No Change in Materials or Process

(10) Signature of Authorized Representative

Each of the properties listed above shall meet or be within the ranges of the specified requirements in MIL-DTL- 3301D. The Certificate of Analysis shall be submitted WITH the proposal, WITH required samples and WITH each shipment.

Submission of the Certificate of Analysis does not substitute for Government witnessing of the manufacturing process.

The awardee of this contract SHALL submit a Certificate of Analysis WITH each shipment, which will include the above properties along with the contract number and applicable delivery order number.

(END OF NOTICE)

PACKAGING

Vendors shall adhere to specifications as outlined in MIL-DTL-3301D. Vendors shall be liable and responsible for production, packaging and transportation of Asphalt Compound to McAlester Army Ammunition Plant (MCAAP) in McAlester, Oklahoma. Asphalt Compound shall be in 47-pound cardboard boxes (inside box dimensions 13- 3/4” x 11-3/4” x 9-1/2”) with non-stick coating on all interior box surfaces and shall be palletized and shrink wrapped.

Supplemental Packing Instructions:

To expedite your payment, all shipments under this contract, shall be accompanied with packing list or delivery tickets which shall contain the following information:

A. Name of Supplier.

B. Contract/Purchase Order Number, CLIN, and Purchase Request Number C. Date of Order D. Itemized list of supplies to include Noun (name), Part Number, Quantity, and Unit of Issue.

Marking Instructions:

Mark all correspondence, parcels, packing slips, and invoice with the following items to ensure prompt and complete payment:

A. Contract/Purchase Order Number B. Corresponding Order Number

C. Purchase Request Number

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Jun 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Oct 2018) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (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) 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations--Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.211-15 Defense Priority and Allocation Requirement (Apr 2008) 52.215-2 Audit and Records -- Negotiation (Jun 2020) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data (Nov 2021) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data -- Modifications (Nov 2021) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.223-6 Drug-Free Workplace (May 2001) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation (Dec 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. (Jun 2020) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.243-1 Changes--Fixed-Price (Aug 1987) 52.246-2 Inspection of Supplies -- Fixed-Price (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) 52.248-1 Value Engineering (Jun 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) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) 252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material (Dec 1991) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a

State Sponsor of Terrorism (May 2019) 252.211-7003 Item Unique Identification and Valuation (Mar 2020) 252.211-7008 Use of Government-Assigned Serial Numbers (Sep 2010) 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—

Statistical Reporting in Past Performance Evaluations (Sep 2019) 252.215-7007 Notice of Intent to Resolicit (Jun 2012) 252.215-7008 Only One Offer (Jul 2019) 252.225-7001 Buy American and Balance of Payments Program – Basic (Jun 2022) 252.225-7002 Qualifying Country Sources as Subcontractors (Mar 2022) 252.225-7020 Trade Agreements Certificate (Nov 2014) 252.225-7035 Buy American--Free Trade Agreements--Balance of Payments Program Certificate – Basic (Nov

2014) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7010 Levies On Contract Payments (Dec 2006) 252.243-7002 Requests for Equitable Adjustment (Dec 2012) 252.247-7023 Transportation of Supplies by Sea (Feb 2019)

(End of clause/provision)

CLAUSES/PROVISIONS INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.211-8 Time and Delivery (Jun 1997)

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

REQUIRED DELIVERY SCHEDULE

On specified date set on each Delivery Order:

Item No. Quantity of Contract CLIN 0001 Asphaltic Compound, Hot-Melt, 439,920 lbs each to be delivered in ten (10) shipments of 43,992 lbs each shipment.

DELIVER TO:

MCALESTER ARMY AMMUNITION PLANT

RECEIVING OFFICER WAREHOUSE 8

1 C TREE ROAD MCALESTER OK 74501-9002

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.

(End of clause)

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 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of Provision)

52.215-6 Place of Performance (Oct 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance (Street Address, City, State, County, Zip Code) Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent (End of provision)

52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of provision)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ___ ) Outside the United States.

(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 U.S. Army Contracting Command - Rock Island Installation Contracting Division, CCRI-AIA ATTN: Ms. Elvia Jaggers, Contracting Officer 3055 Rodman Avenue Rock Island, IL 61299-8000

(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)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

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

(e) of this provision applies.

(2) If the provision at FAR 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 (e) 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:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM…