SolicitationW52P1J16R3006.pdf

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until 01:00 PM local time 09 Mar 2016

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G F 37 - 45

46 - 47 X H 48 michael e perez24 civ@mail 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 48

(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

W52P1J 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)

MICHAEL E. PEREZ (309) 782-3360

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 8

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

10 - 13 14 - 16

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 17 - 19 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 20 - 29 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

30 - 35

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6 REQUISITION/PURCHASE NO

W44W9M52810154

5 DATE ISSUED

08 Feb 2016

4 TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3 SOLICITATION NO

W52P1J-16-R-3006

Section A - Solicitation/Contract Form

OFFEROR POC INFORMATION

The following information is required:

POC NAME: ____________________________________

POC TITLE: ____________________________________

POC TELEPHONE: _____________________________

POC EMAIL ADDRESS: _________________________

DUNS NUMBER: _______________________________ (http://fedgov.dnb.com/webform)

CAGE CODE: _________________________________ (http://www.dlis.dla mil/cage welcome.asp)

TAXPAYER ID NUMBER: ______________________

ELECTRONIC BID SUBMISSION

Proposals/ bids/ quotes may be submitted electronically by email if the solicitation is filled out completely, and signed by an authorized representative, scanned, included as an attachment, and emailed to the address provided in the solicitation. All emailed quotes and attachments must be in Adobe Acrobat (.pdf) format and the solicitation must be submitted in its entirety along with any amendments including contractor’s attachments, drawings, or supporting documents by the specified date and time in order to be considered for award. This instruction takes precedence over any other direction for FBO quote submission. NOTE: Proposals/ bids/ quotes will NOT be accepted for this solicitation through the FBO web site.

(End of Notice)

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4000 02 NON-RELEASE OF CONTRACT INFORMATION (MAR 2000)

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)

52.0000-4003 DISCLOSURE OF UNIT PRICE INFORMATION (JUN 2005)

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 clause)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

EXPLOSIVES MIX KETTLE

FFP

Vendor shall provide a Lee Industries, Inc. Explosives Melt Kettle in accordance with the list of required features located in the Section C Qualifying Statement for Explosives Melt Kettle.

NOTICES:

The contractor shall not provide detailed “as built” drawings, 3D models, and/or Operation & Maintenance (O&M) manuals until after award.

DETAILED DESCRIPTION REQUIRED PRIOR TO AWARD: The MCAAP Engineering Support Division will validate and verify/approve the Contractor’s listed equipment concept before award is granted. In order to meet this review requirement, the Offeror shall submit with their proposal a detailed technical Description of the Kettle. The Offeror’s Description submittal shall account for each one of the required product features located in this Qualifying Statement. The Description shall also clearly portray/describe how the Kettle will function.

Conceptual drawings that are not detail “as built” drawings are recommended but not required for submittal with the detailed Description.

DIGITAL “AS BUILT” DRAWINGS REQUIRED AFTER AWARD: Within two weeks after date of contract award, the Contractor shall submit one set of detailed drawings in AutoCAD .DWG format for McAlester review and approval. The Drawings shall clearly portray each of the required features located in the Qualifying Statement.

OPERATION & MAINTENANCE MANUALS DUE AT KETTLE DELIVERY:

The Contractor shall submit two (2) O&M manuals at the same time that the Kettle is delivered. The Government shall review and approve these O&M manuals.

SPARE PARTS LIST: The Contractor shall submit a Spare Parts List at the same time that the Kettle is delivered. It is requested, not required, that the List cover high wear, low life expectancy items, and provide information to help the customer forecast lead times and costs for procuring replacement parts for the Kettle.

3D MODELS: If the Contractor builds a 3D model or models as part of its design and production processes, the Government requests to take possession of the models when the Kettle is delivered. Note: Offeror submittal of 3D models is not a contractual requirement.

Shipments: All shipments shall include a packing list IAW 52.0000-4002, Certificate of Conformance IAW 52.245-15, and a Material Inspection and Receiving Report IAW 252.246-7000.

FOB: Destination

MILSTRIP: W44W9M52810154

PURCHASE REQUEST NUMBER: W44W9M52810154

NET AMT

Section C - Descriptions and Specifications

QUALIFYING STATEMENT

QUALIFYING STATEMENT FOR EXPLOSIVES MELT KETTLE

The Offeror’s proposal shall conform to the list of required features located in the attached Qualifying Statement for Explosives Melt Kettle. The Offeror's submittal shall specifically indicate whether or not each of the required features is included in their proposal. If any required feature is not included in the proposal, the Offeror will include/submit explanatory remarks for customer review and approval.

Section D - Packaging and Marking

52.0000-4026 STANDARD PRACTICE FOR COMMERCIAL PACKAGING (JUN 2005)

Preservation/Packaging/Packing shall conform to commercial level in accordance with the requirements of American Society for Testing and Materials, ASTM D 3951 (DEC 21 1990). The contractor shall mark all shipments in accordance with the requirements of ASTM D 3951 (DEC 21 1990).

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

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source.

In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________[identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution: _______________________________

Signature: ______________________________________

Title: __________________________________________

52.246-4550 CRITICAL CHARACTERISTICS (FEB 2004)

Local Clause

a. The contractor’s processes shall be designed 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 one 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 (II) and Level (II) 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 characteristics identified by the contractor shall comply with the critical characteristic requirements of the technical data package, supplemented herein. The contractor’s additional critical characteristics shall be classified as “Critical (I)” 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 judgment and experience indicate would result in hazardous or unsafe conditions for individuals using, maintaining or depending upon the product; or a nonconformance that judgment 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 device or fuzing 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 judgment 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.

f. 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 is conducted to determine the cause of the deficiency and 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 materiel found to be nonconforming shall not be used without Government approval.

g. 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) Critical nonconformances and Critical (II) characteristics and level (II) Critical nonconformances.

h. 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.

i. The Government Quality Assurance Representative will perform the surveillance actions necessary to ensure compliance with this clause. (End of clause)

(ES7500)

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

Section F - Deliveries or Performance

NOTICE:

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 authorized representative 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.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 196 dys. ADC 1 MCALESTER ARMY AMMUNITION

PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

FOB: Destination

W44W9M

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.0000-4002 SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION (FEB 2004)

1. THE COMPLETE 13-DIGIT PURCHASE ORDER, DELIVERY ORDER, OR CONTRACT NUMBER (The Number that starts with W52P1J----) 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 DD1155, Block 15 of the SF1449, 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 (FEB 2002), 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)

RECEIVING OFFICE REQUIREMENT – MCAAP (OCT 2007)

52.0011-4000 MC

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.

No shipments will be accepted on government holidays.

52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

Line Item 0001 for One (1) Each, Explosives Melt Kettle

196 Days After Date of Contract (ADC)

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.

Section G - Contract Administration Data

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

52.0000-4302 PROMPT PAYMENT (MAY 2001) (FAR 52.232-25)

Paragraph (a)(5)(i) is included in full text for the information on the number of days for constructive acceptance.

The remainder of the clause is incorporated by reference. The full text of the entire clause can be requested from the Contracting Officer or found on the Internet at one of the following sites: http://www.arnet.gov/far, http://farsite hill.af mil, or http://www.deskbook.osd mil. THE CONSTRUCTIVE ACCEPTANCE TIME PERIOD

STATED IN THIS CLAUSE SUPERSEDES ANY OTHER PERIOD OF CONSTRUCTIVE ACCEPTANCE

THAT MAY BE STATED ELSEWHERE IN THIS SOLICITATION/CONTRACT.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the SEVENTH day (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed 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. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based 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.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

COMBO

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

W44W9M

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(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 SEE SCHEDULE Issue By DoDAAC W52P1J Admin DoDAAC W52P1J Inspect By DoDAAC W44W9M Ship To Code W44W9M Ship From Code NOT APPLICABLE Mark For Code NOT APPLICABLE Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC NOT APPLICABLE LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

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

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

michael.e.perez24.civ@mail.mil kevin.d kirkpatrick.civ@mail mil

(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 Blaylock, McAlester Army Ammunition Plant (MCAAP), 918-420-7461

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special Contract Requirements

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEM – FOR WORK PERFORMED AT

MCALESTER ARMY AMMUNITION PLANT (OCT 2008)

52.0023-4000 MC

The Contractor shall perform work under this contract consistent with all applicable federal, state, local requirements and with the relevant policy and objectives identified in McAlester Army Ammunition Plant’s (MCAAP’s) environmental management system (EMS) located to http:www mcaap.army.mil. The Contractor shall perform work in a manner that conforms to all applicable Environmental Management Programs and Operational Controls identified by the MCAAP EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to MCAAP’s EMS objectives and goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In violations caused by Contractor negligence, the Contractor shall reimburse the Government for the amount of that fine and all associated costs. The Contractor shall also provide cleanup of any spills, including oil, that result from the Contractor’s operations and report spills to MCAAP’s Environmental Management Office. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Environmental Management Office and approved by the Contracting Officer. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.

Prior to commencing work, all on-site Contractors shall provide documentation to the Contracting Officer that any required EPA sponsored environmental training specified for the type of work conducted has been obtained. Upon contract award, and during performance of the contract, the Contracting Officer’s Representative will provide or arrange EMS training for appropriate Contractor staff.

(End of Clause)

PROHIBITED WITHIN GENERAL CONFINES OF INSTALLATION (FEB 2004)

52.0045-4001 MC

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

52.0045-4002 MC

(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 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

52.0045-4003 MC

(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)

HOURS OF OPERATION – MCAAP

52.0047-4001 MC

Normal work hours are Monday through Thursday 6:30 A.M. until 5 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 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 Saturday, holiday will be observed on Thursday. If the holiday falls on a Sunday, holiday will be observed on the following Monday.

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001)

(a) Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

"Supplies," as used in this clause, means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

(b) Contractor's obligations. (1) The Contractor warrants that for one (1) year after final acceptance by the Government all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's warranty shall extend to the modification or other work.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return.

(6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government. (1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price--

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within forty-five (45) days after discovery of the defect. The Contractor shall submit to the Contracting Officer a written recommendation within fifteen (15) days after receiving the Government's notification of nonconforming supplies as to the corrective action required to remedy the breach. After the notice of breach, but not later than forty-five (45) days after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction.

If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause shall be forty-five (45) days from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for one (1) year thereafter.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)

(a) Definitions. As used in this clause'

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise (e.g., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing

Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment.