Amend_0002 _Released_03242016.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See Attached.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 24-Mar-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W52P1J-16-R-3017

X 9B. DATED (SEE ITEM 11)

18-Feb-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

24-Mar-2016

CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

W52P1J 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W52P1J-16-R-3017

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

AMENDMENT 0002

1. The purpose of Amendment 0002 is to incorporate the following changes:

a. Extend the solicitation closing date from March 28, 2016 to March 30, 2016.

b. Revise description for CLIN 0001 and CLIN 0002 to incorporate:

1) Length of proposed contract

2) Additional Pricing Options for minimum order quantity

c. Revise the following clauses/text as indicated:

Section A

Pre-Award Qualification Testing to include length of proposed contract.

Section H

Add 52.207-4, Economic Purchase Quantity - Supplies to address estimated minimum order quantities.

Section I

FAR 52.216-19, Requirements, to include length of proposed contract.

DFARS 252.216-7006, Ordering, to include length of proposed contract.

Incorporate revisions to the following clauses to include the most recent revision:

FAR

52.203-17, Contractor Employee Whistleblower Rights and Requirement to inform Employees of Whistleblower Rights 52.204-8 Annual Representations and Certifications 52.222-37, Employment Reports on Veterans 52.222-38, Compliance with veterans employment reporting requirements 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DFARS

252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements Representation (Deviation 2016-O0003 252.209-7991 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law - Fiscal Year 2016 Appropriations (Deviation 2016-O0002) 252.225-7001, Buy American and Balance of Payments Program - Basic (Nov 2014) 252.225-7012, Preferance for Certain Domestic Commodities 252.247-7023, Transportation of Supplies by Sea

Section L

Revise instructions for submission.

2. All other solicitation terms and conditions remain unchanged.

3. The point of contact for this action is Ms. Samantha Keegan, 309-782-2192, e-mail:

samantha.m.keegan.civ@mail.mil.

(END OF AMENDMENT)

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 28-Mar-2016 11:00 AM to 30-Mar-2016 11:00 AM.

The following have been modified:

PRE-AWARD QUALIFICATION

PRE-AWARD QUALIFICATION TESTING IS REQUIRED.

This is a Firm-Fixed-Price 3-Year Requirements type contract for the purchase of Asphaltum Compound, Hot-Melt to support operations at McAlester Army Ammunition Plant (MCAAP) for CLIN 0001 and Crane Army Ammunition Activity (CAAA) for CLIN 0002, solicited on an unrestricted basis.

1. Only offerors being considered for award will be required to submit a Qualification Sample for testing and analysis. Offerors being considered for award will be contacted within five (5) days after the solicitation by the Contract Specialist, Samantha Keegan, to coordinate the Government's on-site observation of the offeror's production processes that culminated in the Qualification Sample submittals. Offerors shall also submit a Certificate of Conformance, Certificate of Analysis, with full analytical results listed for that specific lot, Hazardous Materials Warning Labels, United States Navy (USN) reactivity approval documentation, and a Material Safety Data Sheet, along with their proposal, and with each shipment.

2. Offerors shall submit a Qualification Sample to the Government 30 days after the solicitation closing date for Government testing to determine compliance with MIL-DTL-3301D, the compliance and reactivity evaluation.

Qualification Sample shall consist of a minimum of a five (5) pound Qualification Sample, up to a maximum of a 47-pound Qualification Sample. Offerors shall have an approved reactivity test completed by USN prior to the solicitation closing date and time.

3. Within 30 calendar days after the Government receives the Qualification Sample, the Contracting Officer will notify the offerors, in writing, of the approval, conditional approval, or disapproval of the submitted samples. The notice of approval or conditional approval shall not relieve offerors from complying with all requirements of the specifications and all other terms and conditions of the solicitation. A notice of conditional approval will state any further action required of offerors. A notice of disapproval will eliminate offerors from the competition. The offeror is responsible for complying with all of the costs associated with the pre-award qualification, except for Government travel. The Government reserves the right to waive any or all requirements for the pre-award qualification, site visit, reactivity and compatibility tests based on verifiable offerors who regularly engage in the manufacture of asphalt compound material and provide proof that they have previously made and supplied an asphalt compound product that was produced, presented, accepted, and consumed by the Government for MCAAP or CAAA.

4. Qualification Samples shall meet the following:

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

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

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

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

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

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

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

Asphaltic Compound, Hot Melt, for coating the inner walls of metal cases prior to filling them with explosives.

Vendors shall provide material IAW MIL-DTL-3301D.This requirement is restricted to United States manufacturers with all production occurring within the United States in accordance with 10 U.S.C. 2304 (C)(3)(A).Pre-Production Approval is required IAW MIL-DTL-3301DOfferors shall provide proposals with and without pre-production approval as follows:Production Quantity with Pre-Production Approval:Est. Contract Max. 899,862 Pounds x $_________(Unit Price) = $_________Production Quantity without Pre-Production Approval:Est. Contract Max.

899,862 Pounds x $_________(Unit Price) = $_________Estimated Contract Minimum: 0 (ZERO Pounds)Estimated Contract Maximum: 899,862 PoundsNOTICES:1. PRE-AWARD TESTING OF REQUIRED

SAMPLES IS REQUIRED IN ACCORDANCE WITH SECTION A.2. INSTRUCTIONS TO ACCESS

GOVERNMENT SPECIFICATIONS ARE AVAILABLE IN SECTION C. 3. PRODUCT SHALL BE

PACKAGED IAW SECTION D, PACKAGING & MARKING. Asphalt Compound shall be in 47-pound cardboard boxes and shall be palletized and shrink wrapped.2. ALL DELIVERIES SHALL INCLUDE A PACKING LIST IAW 52.0000-4002, CERTIFICATE OF CONFORMANCE IAW 52.246-15, CERTIFICATE OF ANALYSIS IAW

SECTION E, MSDS IAW 52.223-3, AND HAZARDOUS WARNING LABEL IAW 252.203-7001.3.

CONTRACTOR SHALL SEND PREPAID NOTICES OF SHIPMENT IAW 52.247-68, REPSHIP. 4. OFFERS

SHALL SUBMIT A CERTIFICATE OF ANALYSIS, CERTIFICATE OF CONFORMANCE, MSDS, AND

HAZARD WARNING LABELS WITH THEIR PROPOSALS IAW SECTION E. ANY CHANGES TO

TECHNICAL PROPOSAL SUBMISSIONS SHALL BE SENT TO THE CONTRACTING OFFICER FOR

APPROVAL PRIOR TO IMPLEMENTING ANY CHANGES IMPACTING A TECHNICAL EVALUATION.

Orders will be funded and placed on an as-needed basis.

To:

Asphaltic Compound, Hot Melt, for coating the inner walls of metal cases prior to filling them with explosives.

Vendors shall provide material IAW MIL-DTL-3301D for use at McAlester Army Ammunition Plant (MCAAP).This requirement is restricted to United States manufacturers with all production occurring within the United States in accordance with 10 U.S.C. 2304 (C)(3)(A).Pre-Production Approval is required IAW MIL-DTL- 3301DOfferors shall provide proposals with and without pre-production approval as follows:Production Quantity with Pre-Production Approval:Est. Minimum Order Qty 42,300 Pounds x $_______(Unit Price) = $_________Est.

Contract Max. 899,862 Pounds x $_________(Unit Price) = $_________Production Quantity without Pre- Production Approval:Est. Minimum Order Qty 42,300 Pounds x $_______(Unit Price) = $_________Est. Contract Max. 899,862 Pounds x $_________(Unit Price) = $_________3-YEAR REQUIREMENTS TYPE CONTRACTEstimated Contract Minimum: 0 (ZERO Pounds)Estimated Contract Maximum: 899,862

PoundsNOTICES:1. PRE-AWARD TESTING OF REQUIRED SAMPLES IS REQUIRED IN ACCORDANCE

WITH SECTION A.2. INSTRUCTIONS TO ACCESS GOVERNMENT SPECIFICATIONS ARE AVAILABLE

IN SECTION C. 3. PRODUCT SHALL BE PACKAGED IAW SECTION D, PACKAGING & MARKING.

Asphalt Compound shall be in 47-pound cardboard boxes and shall be palletized and shrink wrapped.2. ALL DELIVERIES SHALL INCLUDE A PACKING LIST IAW 52.0000-4002, CERTIFICATE OF CONFORMANCE IAW 52.246-15, CERTIFICATE OF ANALYSIS IAW SECTION E, MSDS IAW 52.223-3, AND HAZARDOUS WARNING LABEL IAW 252.203-7001.3. CONTRACTOR SHALL SEND PREPAID NOTICES OF SHIPMENT IAW 52.247-68, REPSHIP. 4. OFFERS SHALL SUBMIT A CERTIFICATE OF ANALYSIS, CERTIFICATE OF

CONFORMANCE, MSDS, AND HAZARD WARNING LABELS WITH THEIR PROPOSALS IAW SECTION

E. ANY CHANGES TO TECHNICAL PROPOSAL SUBMISSIONS SHALL BE SENT TO THE

CONTRACTING OFFICER FOR APPROVAL PRIOR TO IMPLEMENTING ANY CHANGES IMPACTING A

TECHNICAL EVALUATION. Orders will be funded and placed on an as-needed basis..

CLIN 0002

The CLIN extended description has changed from:

Asphaltic Compound, Hot Melt, for coating the inner walls of metal cases prior to filling them with explosives.

Vendors shall provide material IAW MIL-DTL-3301D for use at Crane Army Ammunition Activity (CAAA).This requirement is restricted to United States manufacturers with all production occurring within the United States in accordance with 10 U.S.C. 2304 (C)(3)(A).Pre-Production Approval is required IAW MIL-DTL-3301DOfferors shall provide proposals with and without pre-production approval as follows:Production Quantity with Pre- Production Approval:Est. Contract Max. 300,000 Pounds x $_________(Unit Price) = $_________Production Quantity without Pre-Production Approval:Est. Contract Max. 300,000 Pounds x $_________(Unit Price) = $_________Estimated Contract Minimum: 0 (ZERO Pounds)Estimated Contract Maximum: 300,000 PoundsNOTICES:1. PRE-AWARD TESTING OF REQUIRED SAMPLES IS REQUIRED IN ACCORDANCE

WITH SECTION A.2. INSTRUCTIONS TO ACCESS GOVERNMENT SPECIFICATIONS ARE AVAILABLE

IN SECTION C. 3. PRODUCT SHALL BE PACKAGED IAW SECTION D, PACKAGING & MARKING.

Asphalt Compound shall be in 47-pound cardboard boxes and shall be palletized and shrink wrapped.2. ALL DELIVERIES SHALL INCLUDE A PACKING LIST IAW 52.0000-4002, CERTIFICATE OF CONFORMANCE IAW 52.246-15, CERTIFICATE OF ANALYSIS IAW SECTION E, MSDS IAW 52.223-3, AND HAZARDOUS WARNING LABEL IAW 252.203-7001.3. CONTRACTOR SHALL SEND PREPAID NOTICES OF SHIPMENT IAW 52.247-68, REPSHIP. 4. OFFERS SHALL SUBMIT A CERTIFICATE OF ANALYSIS, CERTIFICATE OF

CONFORMANCE, MSDS, AND HAZARD WARNING LABELS WITH THEIR PROPOSALS IAW SECTION

E. ANY CHANGES TO TECHNICAL PROPOSAL SUBMISSIONS SHALL BE SENT TO THE

CONTRACTING OFFICER FOR APPROVAL PRIOR TO IMPLEMENTING ANY CHANGES IMPACTING A

TECHNICAL EVALUATION. Orders will be funded and placed on an as-needed basis.

To:

Asphaltic Compound, Hot Melt, for coating the inner walls of metal cases prior to filling them with explosives.

Vendors shall provide material IAW MIL-DTL-3301D for use at Crane Army Ammunition Activity (CAAA).This requirement is restricted to United States manufacturers with all production occurring within the United States in accordance with 10 U.S.C. 2304 (C)(3)(A).Pre-Production Approval is required IAW MIL-DTL-3301DOfferors shall provide proposals with and without pre-production approval as follows:Production Quantity with Pre- Production Approval:Est. Minimum Order Qty 3,008 Pounds x $________(Unit Price) = $________Est. Contract Max. 300,000 Pounds x $_________(Unit Price) = $_________Production Quantity without Pre-Production Approval:Est. Minimum Order Qty 3,008 Pounds x $_______(Unit Price) = $_________Est. Contract Max. 300,000 Pounds x $_________(Unit Price) = $_________3-YEAR REQUIREMENTS TYPE CONTRACTEstimated Contract Minimum: 0 (ZERO Pounds)Estimated Contract Maximum: 300,000 PoundsNOTICES:1. PRE-AWARD

TESTING OF REQUIRED SAMPLES IS REQUIRED IN ACCORDANCE WITH SECTION A.2.

INSTRUCTIONS TO ACCESS GOVERNMENT SPECIFICATIONS ARE AVAILABLE IN SECTION C. 3.

PRODUCT SHALL BE PACKAGED IAW SECTION D, PACKAGING & MARKING. Asphalt Compound shall be in 47-pound cardboard boxes and shall be palletized and shrink wrapped.2. ALL DELIVERIES SHALL

INCLUDE A PACKING LIST IAW 52.0000-4002, CERTIFICATE OF CONFORMANCE IAW 52.246-15, CERTIFICATE OF ANALYSIS IAW SECTION E, MSDS IAW 52.223-3, AND HAZARDOUS WARNING

LABEL IAW 252.203-7001.3. CONTRACTOR SHALL SEND PREPAID NOTICES OF SHIPMENT IAW

52.247-68, REPSHIP. 4. OFFERS SHALL SUBMIT A CERTIFICATE OF ANALYSIS, CERTIFICATE OF

CONFORMANCE, MSDS, AND HAZARD WARNING LABELS WITH THEIR PROPOSALS IAW SECTION

E. ANY CHANGES TO TECHNICAL PROPOSAL SUBMISSIONS SHALL BE SENT TO THE

CONTRACTING OFFICER FOR APPROVAL PRIOR TO IMPLEMENTING ANY CHANGES IMPACTING A

TECHNICAL EVALUATION. Orders will be funded and placed on an as-needed basis..

SECTION E - INSPECTION AND ACCEPTANCE

CERTIFICATE OF ANALYSIS

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

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

(2) Product Name or Description

(3) National Stock Number (If applicable)

(4) Specification

(5) Lot/Batch Number

(6) Manufacture Date

(7) Expiration/Re-Inspection Date

(8) Analytical Data:

(a) Heat Resistance

(b) Acid Resistance

(c) Water Resistance

(d) Flexibility

(e) Chemical Requirements:

(f) Acidity, AS H2S04

(g) Alkalinity, AS NaOH

(h) Insoluble Matter in Toulene

(i) Ash

(j) Manganese

(k) Lead

(l) Softening Point

(m) Penetration

(n) Viscosity

(o) Flash Point

(p) Reactivity

(9) Statement of No Change in Materials or Process

(10) Signature of Authorized Representative

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

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

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

(END OF NOTICE)

SECTION F - DELIVERIES OR PERFORMANCE

The following included by reference have been revised:

252.247-7023 Transportation of Supplies by Sea APR 2014

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM QUANTITY QUOTATION TOTAL

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

SECTION I - CONTRACT CLAUSES

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of scheduled deliveries for delivery orders placed through three (3) years after date of contract award.

(End of clause)

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from Date of Award through Three (3) Years from Date of Award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

The following included by reference have been revised:

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.222-37 Employment Reports on Veterans OCT 2015 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (Deviation 2016-O0003)

OCT 2015

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Nov 2014)

NOV 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 324122.

(2) The small business size standard is 750 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

The following included by full text have been revised:

252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2016

APPROPRIATIONS (DEVIATION 2016-O0002) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

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

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

(b) The Offeror represents that—

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

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

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS FOR SUBMISSION

Offeror(s) shall also provide the following documents for a full evaluation of its offer. Failure to submit the required documents, prior to the solicitation closing date and time, may result in the offer not being considered.

1. PRICING: Offeror(s) shall insert proposed unit prices and extended prices in ITEM NO (CLIN) 0001 and ITEM NO (CLIN) 0002. The extended amount must equal the whole dollar unit price multiplied by the number of units. Note: The Government does not recognize digits past the hundredths decimal position (.01) when calculating currency figures or summations, so offerors shall adjust computerized calculation software (i.e. Excel) accordingly. Please see FAR 52.207-4, Economic Purchase Quantity - Supplies for additional clarification.

2. PRE-AWARD QUALIFICATION: Offeror shall submit a Qualification Sample to the Government 30 days after the solicitation closing date as specified in Section A, Pre-Award Qualification Instructions.

3. SOLICITATION ATTACHMENTS: Offeror(s) shall submit required documents with their offers as outlined in CLIN 0001 and CLIN 0002: Certificate of Analysis, Certificate of Conformance, Material Safety and Data Sheets, United States Navy (USN) reactivity approval documentation, and Hazard Warning Labels. Any changes to the technical proposal submissions shall be sent to the Contracting Officer for approval prior to implementing any changes impacting the technical evaluation.

4. COMPLETE OFFER: Offeror(s) shall submit a complete, signed and dated complete offer with the above criteria in their entirety.

(End of Summary of Changes)