W519TC25R2021_TuffSeal.pdf

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(Hour)

PAGE(S)

until 10:00 AM local time 02 May 2025

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G F 49 - 54

X H 56 pamela.m.grys.civ@army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 56

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W519TC 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

PAMELA M. GRYS 309-782-1388

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

10 - 11 12 - 20

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 21 - 23 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 24 - 27 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

28 - 47

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVE

ROCK ISLAND IL 61299

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

23 Apr 2025

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W519TC25R2021

Section A - Solicitation/Contract Form

SECTION A

SOLICITATION SUPPLEMENTAL INFORMATION

1. This procurement is for a three year firm-fixed price Indefinite Delivery-Indefinite Quantity (IDIQ) contract for the following:

CLIN

ITEM

Polymeric Elastomer Thermal Compound

DELIVERY

See FAR 52.211-8

QUANTITY

Guaranteed 38 Kits

The delivery schedule for funded orders will be executed in accordance with the delivery terms listed in FAR 52.211-8, Time of Delivery.

The Government can order a maximum of 494 Kits of CLIN 0001 during the life of this contract, from award date to three years from award date. Orders will be funded and placed on an as needed basis.

2. The Government is not obligated to place any additional orders above the guaranteed minimum of 38 Kits.

3. Additional delivery orders may be issued against this contract. Any funded orders placed against this contract will be for a minimum of one truckload (38 Kits).

4. Pricing for each ordering period (OP) will be in accordance with the contractor's pricing submission on the solicitation pricing matrix (Attachment 00 1).

The Ordering Periods for this contract will be as follows:

OP 1: Award date through 365 days after Award Date OP 2: 366 days after award through 730 days after Award Date OP 3: 731 days after award through 1096 days after Award Date

5. Deliveries are FOB Destination. See FAR 52.211-8, Time of Delivery, for specific delivery information.

McAlester Army Ammunition Plant (MCAAP) is located at 1 C Tree Road, McAlester, Oklahoma 74501-9002.

NOTE: Rail deliveries are not authorized, unless approved, in writing by the Contracting Officer, prior to implementing any changes that will impact MCAAP's receiving method.

6. Offeror shall submit a Certificate of Analysis, Certificate of Conformance, and be an approved source as indicated in Section B. Any changes to the approved material shall be sent to the contracting officer for approval, prior to implementing any changes impacting the manufacturing process, in accordance with DFARS 252.223-7003.

7. Electronic submission of offers is the required method of submission and all proposal documents, in accordance with Section L, to include Attachment 001, Pricing Matrix (in Excel format), shall be sent to Ms. Pam Grys, pamela.m.grys.civ@army.mil, prior to the solicitation closing date and time.

(END OF TEXT)

OFFEROR POC INFORMATION

POC NAME:

POC TITLE:

POC TELEPHONE:

POC EMAIL ADDRESS:

DUNS NUMBER:

CAGE CODE:

TAXPAYER ID NUMBER:

UEI:

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 494 Kit

Polymeric Elastomer Thermosetting

FFP

Polymeric Elastomer Thermosetting compound (Tuff Seal) shall meet the requirements of MIL-DTL-82633A.

TUFF SEAL shall be packaged IAW Section D Packaging Requirements.

Pre-production approval is required IAW MIL-DTL-82633A.

Ordering Period 1: Award Date through 365 Days after Award Date Ordering Period 2: 366 Days after Award through 730 Days after Award Date Ordering Period 3: 731 Days after Award through 1096 Days after Award Date.

DO NOT ENTER ANY PRICING DATA IN THIS SECTION.

Minimum Ordering Quantity: 38 KITS on subsequent orders.

ONE SINGE KIT - 410 POUNDS OF TYPE A AND 410 POUNDS OF TYPE B

Guaranteed Minimum: 38 Kits Contract Maximum: 494 Kits

NOTICES:

PREAWARD APPROVAL IS REQUIRED. PRODUCT PROVIDED SHALL

BE FROM AN APPROVED SOURCE.

INSTRUCTIONS TO ACCESS GOVERNMENT SPECIFICATIONS ARE

AVAILABLE IN SECTION C.

PRODUCT SHALL BE PACKAGED IAW SECTION D, PACKAGING AND

MARKING. TUFF SEAL SHALL BE IN NEW 55 GALLON METAL DRUMS.

ALL DELIVERIES SHALL INCLUDE A PACKING LIST; CERTIFICATE OF

CONFORMANCE IAW 52.246-15; CERTIFICATE OF ANALYSIS JAW

SECTION E; SDS IAW 52.223-3; AND HAZARDOUS WARNING LABEL

IAW 252.203-7001.

CONTRACTOR SHALL SEND PREPAID NOTICES OF SHIPMENT IAW

52.247-68, REPORT OF SHIPMENT (REPSHIP).

OFFERORS SHALL SUBMIT A COMPLETED PRICING MATRIX

(ATTACHMENT 001), PROOF OF BEING AN APPROVED SOURCE,

CERTIFICATE OF ANALYSIS, CERTIFICATE OF CONFORMANCE, MSDS,

AND HAZARD WARNING LABELS WITH THEIR PROPOSAL IAW

SECTION E. ANY CHANGES TO PROPOSAL SUBMISSION SHALL BE

SENT TO THE CONTRACTING OFFICER FOR APPROVAL PRIOR TO

IMPLEMENTING ANY CHANGES IMPACTING THE EVALUATION IAW

DFARS 252.223-7003.

PROPOSALS MUST INCLUDE ALL PRICING ON THE PROVIDED

PRICING ATTAHCMENT 001.

FOB Destination NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MFR PART NR: MIL-DTL-82633A

PSC CD: 8030

MAX

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

38.00 494.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

38.00 494.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

Section C - Descriptions and Specifications

SECTION C

Section C - Descriptions and Specifications

ASSIST INSTRUCTIONS

Vendors shall manufacture and adhere to Tuff Seal specifications as outlined in MIL-DTL-82633A.

Vendors shall be liable and responsible for production, packing, and transportation of Asphaltic Polymeric Elastomer Compound (Tuff Seal) to McAlester Army Ammunition Plant (MCAAP) in McAlester, Oklahoma.

The following instructions provide detailed guidance on how to access the required specification MIL-DTL- 82633A. The specification may be available on the ASSIST website using your firm's registered usemame and password at https://assist.dla.mil/online/start/. If this specification is not available to your firm, then proceed with the following instruction:

1. Offerors shall be registered with the ASSIST website located at https://assist.dla.mil/online/start/. Apply for registration by following the online instructions.

2. Offerors shall also be certified in accordance with the Joint Certification Program (JCP) website located at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP. Apply for registration by following the online instructions.

3. Upon receipt of certification from JCP, offerors shall provide the Contract Specialist, Pam Grys, pamela.m.grys.civ@army.mil, with their firm's JCP certified contact person's name, CAGE code, and e-mail address.

4. After completing the steps above, offerors shall adhere to the specification guidance to obtain a copy of the controlled specification for its firm's JCP certified contact.

(END OF NOTICE)

Section D - Packaging and Marking

SECTION D

Section D - Packaging and Marking

Tuff Seal shall be packaged IAW MIL-DTL-82633A. Tuff Seal is to be shipped in new 55 gallon metal drums and product expiration date must be printed on the package. Metal drums should be palletized (TWO KITS TO A PALLET), shrink wrapped or banded, and secured. Do not mix lots on pallets.

Pallets shall consist of hard wood pallets capable of being stacked and moved via fork lift.

Marking Instructions:

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

A. Contract/Purchase Order Number B. Corresponding Order Number(s) C. Purchase Request Number (See Schedule) Supplemental Packaging Instructions:

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

A. Name of Supplier B. Contact/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 lssue.

Section E - Inspection and Acceptance

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

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.246-23 Limitation Of Liability FEB 1997

SECTION E

Section E - Inspection and Acceptance

CERTIFICATE OF ANALYSIS

Offeror shall submit a Certificate of Analysis (COA) for its product with the proposal, which shall meet the specification requirements ofMIL-DTL-82633A. This analysis shall contain the following information for both Component A & Component B:

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

(2) Product Name or Description

(3) National Stock Number (If Available)

(4) Specification

(5) Lot/Batch Number

(6) Lot Manufactured Date

(7) Expiration/Re-Inspection Date

(8) Signature of Certifying Official

(9) Analytical Data:

Specific Gravity Viscosity Flash Point, Degrees Fahrenheit Gel Time, Minutes Slump Test Alkalinity, pH Value Acidity, Weight Percent Stability Cold Temperature Resistance Compression Set, Percent at Degrees Fahrenheit

(10) Statement of No Change in Materials or Process

(11) Contract Number and applicable Delivery Order Number

Each of the properties listed shall meet or be within the ranges of the specified requirements of MIL- DTL-82633A. Additionally, the material supplied must be listed in Table II Sources of Supply in MIL- DTL-82633A as an Approved Vendor, or must have an approval letter from the Navy-OS stating that the material has been approved for use in MIL-DTL-82633A.

The COA shall be submitted WITH the proposal, WITH any applicable samples, if requested, and WITH each shipment.

The awardee of this contract SHALL submit a COA WITH its proposal and WITH each shipment which must include the above properties.

Section F - Deliveries or Performance

SECTION F

Section F - Deliveries or Performance

CLIN DELIVERYDATE QUANTITY SHIP TO ADDRESS DODAAC

0001 See FAR 52.211-8 Guaranteed Qty: McAlester Army Ammunition W44W9M Time of Delivery 38 Kits Plant

Receiving Officer

Contract Max: Warehouse 8

494 Kits 1 C Tree Road McAlester, OK 74501-9002

FOB Destination

DELIVERY INSTRUCTIONS

Delivery Information for Accessing the Installation:

All individuals requesting access to MCAAP shall provide a minimum of 48 business hours' notice to the individuals listed below with required information to complete a NCIC-III background check.

E-mail the following:

McAlester Pass and Tag Office Mailbox: usarmy.mcalester.usamc.mbx.pass-and-tag@army.mil

Vendors shall provide the following information a minimum of 48 business hours ahead of visit for each individual requesting access to MCAAP to ensure each individual has passed the vetting process and are cleared to enter the installation:

1. Full legal name

2. Date of Birth

3. Driver's License Number

4. Residency Status Documentation (Green Card, if Foreign National)

5. State of Driver's License Issuance

6. Country of Citizenship

7. Gender

8. Expected Date of Arrival

9. Specific Areas of Access Requested

1 0. Contract number, delivery order, and type of supply hauling

Individuals who possess an outstanding criminal history; have not completed the background check; have not been cleared or vetted, will not be allowed to enter the installation.

(END OF TEXT)

RECEIVING OFFICE REQUIREMENT

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 must be at 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.

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.

HOURS OF OPERATION

Normal work hours are Monday through Thursday 6:30 A.M. until 5:00 P.M. Contractors will not be permitted to work on Fridays, Saturdays, Sundays, or legal holidays for any reason, unless otherwise approved by the Contracting Officer. The following legal holidays will be observed:

January 1st 3rd Monday of January 3rd Monday of February Last Monday of May June 19th July 4th 1st Monday of September 2nd Monday of October November 11th 4th Thursday of November December 25th

When one of the designated holidays falls on a Friday or a Saturday, the holiday will be observed on Thursday. If the holiday falls on a Sunday, the holiday will be observed on the following Monday.

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 are, where posted signs prohibit smoking.

(END OF PROVISION)

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. Information shall be provided to McAlester AAP, Security Division, Attn: Ms. Traci Howard, McAlester, OK 74501 or faxed to 918-420-7379. (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 tum-in of all security badges, including sub-contractors badges, daily and upon completion of the contract or termination of individual employees. (Applies to

(e) Report lost badges to the Security Office and the KO as soon as the loss is discovered. (Applies to

(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).

(END OF PROVISION)

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 possibly resulting in some delays. Any non-US contractor personnel granted access into restricted areas will 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).

(END OF PROVISION)

SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION

1. THE COMPLETE 13-DIGIT PURCHASE ORDER, DELIVERY ORDER, OR CONTRACT

NUMBER (The Number that starts with W519TC----) MUST BE ON THE OUTSIDE OF THE SHIPPING CONTAINER. This number must also appear on all packing slips, invoices, bills, or any communications regarding this order.

2. A Packing List must be included with each shipment.

3. Any excess quantity delivered that is not covered by a Variation in Quantity clause, is subject to rejection.

4. SHIPMENT OR DELIVERY TO ANY ADDRESS OTHER THAN THE "SHIP TO" ADDRESS

DESIGNATED IN THE PURCHASE ORDER/DELIVERY ORDER/CONTRACT (Block 14 of the DD 1155, Block 15 of the SF 1449, or Block 11 of the SF 26), MAY RESULT IN A DELAY IN

PAYMENT.

5. ANY CHANGE IN THE "SHIP TO" ADDRESS MUST BE APPROVED BY A WRITTEN

CONTRACT MODIFICATION FROM THE CONTRACTING OFFICER.

6. Information from FAR clause 52.232-25, Prompt Payment (JAN 2017), Paragraph (a)(5)(i): For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(END OF PROVISION)

52.211-8 TIME OF DELIVERY (JUN 1997)

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

Required Delivery Schedule CLIN 0001, Asphaltic polymeric insulating compound (TUFF SEAL) 1AW MIL-DTL-82633A.

The first delivery of 38 Kits is due 7 May 2025 and the delivery schedule for any subsequent delivery orders is within 75 days after receipt of the executed delivery order, and for quantities greater than 38 Kits, monthly shipments at a maximum of 38 Kits per month until order is shipped complete.

Orders will be funded and placed on an as needed basis. TUFF SEAL shall be in new 55-gallon metal drums IAW Section D, Packaging and Marking.

Minimum Order Quantity: 38 Kits Guaranteed Minimum: 38 Kits Contract Maximum: 494 Kits

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

Item No. Quantity Within Days After Date 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)

NOTICES

SECTION F - NOTICES TO OFFEROR

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.C. for the improper release of proprietary and/or confidential commercial information.

(End of Notice)

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 lnformation Act, 5 USG 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 Notice)

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.

(End of Notice)

OPERATIONS SECURITY (OPSEC) REQUIREMENTS

1. As defined in Anny regulation (AR) 530-1, Operations Security (OPSEC), sensitive information is information requiring special protection from disclosure that could cause compromise or threat to our national security, an Army organization, activity, family member, DA civilian, or DOD contractor.

Critical Information is defined as information important to the successful achievement of U.S.

objectives, and missions, or which may be of use to an adversary of the United States. It consists of specific facts about friendly capabilities, activities limitations (includes vulnerabilities), and intentions needed by adversaries for them to plan and act effectively so as to degrade friendly mission accomplishment. All critical information is sensitive, but not all sensitive information is critical.

2. The Contractor shall not release sensitive information to the general public without prior written approval from the Contracting Officer. All contractor requests to release sensitive information shall be in writing and clearly explain the necessity for release of the information and consequences if approval is not granted. Contractor employees who are U.S. citizens shall be provided access to sensitive information on a "need to know" basis required to fulfill the terms and conditions of the contract. Foreign National (FN) employees' access to information will be limited to non-sensitive information. FN access to sensitive information will be approved in writing by the Contracting Officer on a case-by-case basis and will be strictly limited to the information that the employee must know in order to fulfill the terms and conditions of the contract.

3. The Contracting Officer will provide the Contractor with a list of known Critical Information (Cl) pertinent to contract requirements and threat information pertinent to contract location as soon as possible after contract award. Critical Information and threat information shall be used by the Contractor's appointed OPSEC Manager to prepare and OPSEC Plan.

4. The Contractor shall be responsible for establishing and maintaining an OPSEC program to adequately manage, protect, and control sensitive information that has been provided or generated under the contract. The Contractor shall prepare and submit a written OPSEC Plan to the Contracting Officer for approval IAW DD 1423/DI-MGMT- 80934C within 30 calendar days after receipt of the CI/threat information addressed in Paragraph 3 above. The Contracting Officer will coordinate with the Government OPSEC Officer and advise the Contractor in writing of the approval, conditional approval, or disapproval of the plan within 10 days of receipt.

5. The Contractor shall conduct annual self-assessments of their OPSEC program and submit annual written assessments to the Contracting Officer in the anniversary month of contract award. OPSEC Assessment checklists and sample assessments responses will be provided in advance by the Government as tools to aid the Contractor in assessing their OPSEC program.

6. The Contractor shall provide OPSEC training to all employees regarding the safeguarding of sensitive information prior to employees being allowed access to such information, and annually thereafter.

7. The Contractor shall destroy all sensitive program material in the completion of the contract so as to ensure the information cannot be accessed or utilized for any purpose and notify the Contracting Officer in writing of its destruction.

8. The same requirements will flow down to all subcontractors working on or provided any sensitive information related to the contract.

(End of Notice)

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.

(End ofNotice)

REWORK AND REPAIR OF NONCONFORMING MATERIAL

(a) Rework and Repair are defined as follows:

(1) Rework - The reprocessing of nonconforming material to make it conform completely to the drawing, specifications, or contract requirements.

(2) Repair - The reprocessing of nonconforming material in accordance with approved written procedures and operations to reduce, but not completely eliminate, the nonconformance. The purpose of repair is to bring nonconforming material into a usable condition. Repair is distinguished from rework in that the item after repair still does not completely conform to all of the applicable drawings, specifications, or contract requirements.

(b) Rework procedures along with the associated inspection procedures shall be documented by the

Contractor and submitted to the Government Quality Assurance Representative (QAR) for review prior to implementation. Rework procedures are subject to the QAR's disapproval.

(c) Repair procedures shall be documented by the Contractor and submitted on a Request for

Deviation/Waiver, DD Form 1694, to the Contracting Officer for review and written approval prior to implementation.

(d) Whenever the Contractor submits a repair or rework procedure for Government review, the submission shall also include a description of the cause for the nonconformances and a description of the action taken or to be taken to prevent recurrence.

(e) The rework or repair procedure shall also contain a provision for reinspection which will take precedence over the Technical Data Package requirements and shall, in addition, provide the Government assurance that the reworked or repaired items have met reprocessing requirements.

(f) Rework and repair is a supply chain flow-down requirement that applies to contractors and their suppliers, vendors, or subcontractors.

(End of Notice)

DESTRUCTIVE TESTING

a. All costs for destructive testing by the Contractor and items destroyed by the Government are considered as being included in the contract unit price.

b. Where destructive testing of items or components thereof is required by contract or specification, the number of items or components required to be destructively tested, whether destructively tested or not, shall be in addition to the quantity to be delivered to the Government as set forth in the contract schedule.

c. All pieces of the complete First Article shall be considered as destructively tested items unless specifically exempted by other provisions of this contract.

d. The Contractor shall not reuse any components from items used in a destructive test during

First Article, lot acceptance, or in-process testing, unless specifically authorized by the Contracting Officer.

e. The Government reserves the right to take title to all or any items or components described above.

The Government may take title to all or any items or components upon notice to the Contractor. The items or components of items to which the Government takes title shall be shipped in accordance with the Contracting Officer's instructions. Those items and components to which the Government does not obtain title shall be rendered inoperable and disposed of as scrap by the Contractor.

(End of Notice)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 05-MAY-2025 TO

04-MAY-2028

N/A MCALESTER ARMY AMMUNITION

PLANT

RECEIVING OFFICER.

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

918-420-6695 FOB: Destination

W44W9M

52.211-2 Availability of Defense Specifications, Standards, and Data

Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) Website

SEP 2023

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination JAN 1991 252.223-7001 Hazard Warning Labels DEC 1991

252.223-7002 Safety Precautions for Ammunition and Explosives NOV 2023 252.223-7003 Changes In Place Of Performance--Ammunition And

Explosives

DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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. [Contracting Officer check appropriate box.]

(End of provision)

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase 0 Percent decrease This increase or decrease shall apply to CLIN 0001.

Section G - Contract Administration Data

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0303

Issue By DoDAAC W519TC

Admin DoDAAC** See Schedule

Inspect By DoDAAC W44W9M

Ship To Code W44W9M

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Karen.d.blaylock.civ@army.mil___________________________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

SECTION H

AUTHORITY OF GOVERNMENT REPRESENTATIVE

The contractor is advised that contract changes, such as engineering changes, will be authorized only by the Contracting Officer or his/her representative, in writing, and in accordance with the terms of the contract. No other Government representative, whether in the act of technical supervision or administration, is authorized to make any commitment to the Contractor or to instruct the Contractor to perform or terminate any work, or to incur any obligation. Project Engineers, Technical Supervisors, and other groups are not authorized to make or otherwise direct changes which in any way affect the contractual relationship of the Government and the Contractor.

(End of Notice)

52.246-4550 CRITICAL CHARACTERISTICS (FEB 2004)

Local Clause

a. The contractor's processes shall be designated to prevent the creation or occurrence of critical nonconformances. The contractor shall establish, document, and maintain specific procedures, work and handling instructions, and process controls relating to any critical characteristics.

b. The contractor shall assure his critical processes are robust in design such that product and performance are relatively insensitive to design and manufacturing parameters. A robust design anticipates changes and problems. Robust processes shall be designed to yield less than on nonconformance in one million.

c. An inspection/verification system shall be employed that will verify the robustness of your critical processes. Maximum use should be made of automated inspection equipment to accomplish verification of product quality. Mistake proofing techniques of your material handling and inspection systems are encouraged.

d. Previous Practices/Special Characteristics. As a result of previous practices, the government's technical data may refer to "Critical" (not annotated with I or II) and "Special" characteristics.

Characteristics classified as "Critical" (not annotated with a I or II) shall be subject to all requirements herein associated with Critical (I) characteristics and level I Critical nonconformances.

Unless otherwise stated in Section C, characteristics classified as "Special" shall be subject to all requirements herein associated with Critical (TT) and Level (TT) Critical nonconformances.

e. Contractor Identified Critical Characteristics List (CICCL). Not including critical characteristics defined in the government's technical data (drawings, specifications, etc.), the contractor shall identify and document all material, component, subassembly, and assembly characteristics whose nonconformances may result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the product. All additional critical " or "Critical (II)," and shall be reviewed and approved by the procuring activity prior to manufacturing (DI-SAFT-80970A). The following definitions are provided.

Level I Critical Nonconformance. A nonconformance of a critical characteristic that judgement and experience indicate would result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the product; or a nonconformance that judgement and experience indicate would prevent performance of the tactical function of a weapon system or major end item. The following (as a minimum are classified as Level I critical nonconformances:

(1) A nonconformance that will result in a hazardous or unsafe condition (often referred to as a single point failure).

(2) A nonconformance that will remove or degrade a safety feature (such as those in a safe and arm or fi.izing system).

(3) A nonconformance that will result in violation of mandatory safety policies or standards.

Level II Critical Nonconformance: A nonconformance of a critical characteristic, other than Level I.

This includes the nonconformance of a characteristic that judgement and experience indicate may, depending upon the degree of variance from the design requirement, the presence of other nonconformances or procedural errors:

(1) result in a hazardous or unsafe conditions for individuals using, maintaining, or depending upon the product, or

(2) prevent performance of the tactical function of a major end item.

a. In the event that a Critical nonconformance is found anywhere in the production process, the contractor, as part of his quality system, shall have procedures in place to ensure:

(1) The nonconformance is positively identified and segregated so that there is no possibility of the item inadvertently re-entering the production process. This control shall be accomplished without affecting or impairing subsequent defect analysis.

(2) The operation that produced the defective component or assembly and any other operations incorporating that component or assembly is immediately stopped.

(3) The government is immediately notified of the critical nonconformance (telephonically and electronic mail). (DI- SAFT-80970A).

(4) Any suspect material (material in process that may contain the same defect) is identified, segregated, and suspended from any further processing.

(5) An investigation in conducted to determine the cause of the deficiency required corrective actions. A report of this investigation shall be submitted to the government (DI-SAFT- 80970A). The use of the DID report shall not delay notification to the government.

(6) A request to restart manufacturing or to use any suspect material associated with the critical nonconformance is submitted to the government (DI-SAFT-80970A). Restart of production shall not occur until the investigations are complete or upon authorization from the procuring contracting officer. All objective evidence of the investigations to date shall be available for review at the time of restart. Suspect material found to be nonconforming shall not be used without government approval.

b. The contractor may develop alternative plans and provisions relative to government or contractor identified Critical Level (I) and Critical Level (II) characteristics. The provisions shall be submitted to the government for advanced approval and shall address the following:

(1) Complete explanation of potential failure mode(s) together with supporting historical and statistical data.

(2) Pre-established plan of action (POA) to be taken when a critical nonconformance occurs, and a description of controls to ensure there is no possibility of the nonconforming item inadvertently entering the production process.

(3) Means of tracking nonconformance rate, investigative results, and corrective actions taken.

(4) Method to immediately verify that a produced critical nonconformance is consistent with the identified failure mode(s) and does not exceed the historical nonconformance rate.

The contractor can resume production without specific government approval based upon the pre-approved alternate plans and provisions for Critical (I) characteristics and Level (I) nonconformances and Critical (II) characteristics and Level (II) Critical nonconformances.

a. If a critical nonconformance is discovered during further processing or loading, the original manufacturer who introduced the critical nonconformance shall bear responsibility for the nonconformance.

b. The Government Quality Assurance Representative will perform the surveillance actions necessary to ensure compliance with this clause.

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.246-15 Certificate of Conformance APR 1984 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

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…