Conformed_Solicitation_with_Amend_0002 _Released_03242016.pdf

CODE

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until 11:00 AM local time 30 Mar 2016

A B C D E

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Samantha.m.keegan.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)

DO-C9 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.

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)

SAMANTHA M KEEGAN (309) 782-2192

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 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) 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

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.5. DATE ISSUED

18 Feb 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W52P1J-16-R-3017

Section A - Solicitation/Contract Form

CONTRACTOR REPRESENTATIVE

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:________________________

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).**

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)

52.0000-4834 AMC-LEVEL PROTEST PROGRAM

(LS7000) May 2014

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available, contact the Contracting Officer or HQ, AMC Office of Command Counsel to obtain the AMC-Level Protest Procedures.

(End of provision)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 899,862 Pound Compound, Asphaltic, Hot-Melt

FFP

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-3301D

Offerors 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 CONTRACT

Estimated Contract Minimum: 0 (ZERO Pounds) Estimated Contract Maximum: 899,862 Pounds

NOTICES:

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.

FOB: Destination

ESTIMATED

NET AMT

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 300,000 Pound Compound, Asphaltic, Hot Melt

FFP

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-3301D

Offerors 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 CONTRACT

Estimated Contract Minimum: 0 (ZERO Pounds) Estimated Contract Maximum: 300,000 Pounds

NOTICES:

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.

ESTIMATED

NET AMT

Section C - Descriptions and Specifications

ASSIST INSTRUCTION

The following instructions provide detailed guidance on how to access the required specification MIL-DTL-3301D.

The specifications may be available on the ASSIST website using your firm's registered username and password at https://assist.dla.mil/online/start/. If this specification is not available to your firm then proceed with the following instruction:

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

(End of Notice)

Section D - Packaging and Marking

PACKAGING REQUIREMENTS

Vendors shall adhere to specifications as outlined in MIL-DTL-3301D. Vendors shall be liable and responsible for production, packaging and transportation of Asphaltum Compound to McAlester Army Ammunition Plant (MCAAP) in McAlester, Oklahoma or Crane Army Ammunition Activity (CAAA) in Crane, Indiana. Asphalt Compound shall be in 47-pound cardboard boxes and shall be palletized and shrink wrapped.

All individuals requesting access to MCAAP and CAAA 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 individuals:

MCAAP:

Kevin Kirkpatrick, General Supply Specialist, kevin.d.kirkpatrick.civ@mail.mil Samantha Keegan, Contract Specialist, samantha.m.keegan.civ@mail.mil

CAAA:

Local CAAA POC: TBD Samantha Keegan, Contract Specialist, samantha.m.keegan.civ@mail.mil

Vendors shall provide the following information a minimum of 48 business hours' for each individual requesting access to MCAAP and CAAA 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. State of Driver License Issuance

5. Country of Citizenship

6. Gender

7. Expected Date of Arrival

8. Specific Areas of Access Requested

Individuals who have not completed the background check, been cleared or vetted will not be allowed to enter the installation.

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)

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 0002 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

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.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 30 days after receipt of funded delivery order Qty indicated on delivery order, on an as needed basis Guar. Min: 0 Est. Max: 899,862

MCALESTER ARMY AMMUNITION

PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

W44W9M

0002 30 days after receipt of funded delivery order

Qty indicated on delivery order, on an as needed basis Guar. Min: 0 Est. Max: 300,000

CRANE ARMY AMMUNITION ACTIVITY

BLDG 168

300 HIGHWAY 361

CRANE IN 47522-5000

W53W9L

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)

52.0000-4532 DESTRUCTIVE TESTING (MAY 1994)

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 the 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 inprocess 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.

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.

52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

CLIN 0001:

Pre-Award Qualification Testing due 30 days after the solicitation closing date as indicated in Section A. United States Navy (USN) Reactivity Approval is required IAW MIL-DTL-3301D.

The Government reserves the right to witness all specification and production testing of the Qualification Sample and the first batch of the Asphaltum, Compound, Hot-Melt as indicated in Section A.

Delivery is due within 30 days after receipt of funded delivery order. Orders will be funded and placed on an as needed basis. Asphalt Compound shall be in 47-pound cardboard boxes and shall be palletized and shrink wrapped.

CLIN 0001: MCAAP Delivery Address: 1 C Tree Road, Receiving Officer Warehouse 8, McAlester, Oklahoma 74501-9002

CLIN 0002: CAAA Delivery Address: 300 Highway 361, Building 148, Crane, Indiana 47522.

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.

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 (TEN) Percent increase 0 (ZERO) Percent decrease This increase or decrease shall apply to CLIN 0001 and CLIN 0002.

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through

(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.") ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)

(a) Definition. “Ammunition and explosives," as used in this clause --

(1) Means liquid and solid propellants and explosives, pyrotechnics, incendiaries and smokes in the following forms:

(i) Bulk,

(ii) Ammunition;

(iii) Rockets;

(iv) Missiles;

(v) Warheads;

(vi) Devices; and

(vii) Components of (i) through (vi), except for wholly inert items.

(2) This definition does not include the following, unless the Contractor is using or incorporating these materials for initiation, propulsion, or detonation as an integral or component part of an explosive, an ammunition or explosive end item, or of a weapon system --

(i) Inert components containing no explosives, propellants, or pyrotechnics;

(ii) Flammable liquids;

(iii) Acids;

(iv) Powdered metals; or

(v) Oxidizers;

(vi) Other materials having fire or explosive characteristics.

(b) Safety requirements.

(1) The Contractor shall comply with the requirements of the DoD Contractors' Safety Manual for Ammunition and Explosives, DoD 4145.26-M hereafter referred to as "the manual", in effect on the date of the solicitation for this contract. The Contractor shall also comply with any other additional requirements included in the schedule of this contract.

(2) The Contractor shall allow the Government access to the Contractor's facilities, personnel, and safety program documentation. The Contractor shall allow authorized Government representatives to evaluate safety programs, implementation, and facilities.

(c) Noncompliance with the manual.

(1) If the Contracting Officer notifies the Contractor of any noncompliance with the manual or schedule provisions, the Contractor shall take immediate steps to correct the noncompliance. The Contractor is not entitled to reimbursement of costs incurred to correct noncompliances unless such reimbursement is specified elsewhere in the contract.

(2) The Contractor has 30 days from the date of notification by the Contracting Officer to correct the noncompliance and inform the Contracting Officer of the actions taken. The Contracting Officer may direct a different time period for the correction of noncompliances.

(3) If the Contractor refuses or fails to correct noncompliances within the time period specified by the Contracting Officer, the Government has the right to direct the Contractor to cease performance on all or part of this contract.

The Contractor shall not resume performance until the Contracting Officer is satisfied that the corrective action was effective and the Contracting Officer so informs the Contractor.

(4) The Contracting Officer may remove Government personnel at any time the Contractor is in noncompliance with any safety requirement of this clause.

(5) If the direction to cease work or the removal of Government personnel results in increased costs to the Contractor, the Contractor shall not be entitled to an adjustment in the contract price or a change in the delivery or performance schedule unless the Contracting Officer later determines that the Contractor had in fact complied with the manual or schedule provisions. If the Contractor is entitled to an equitable adjustment, it shall be made in accordance with the Changes clause of this contract.

(d) Mishaps. If a mishap involving ammunition or explosives occurs, the Contractor shall --

(1) Notify the Contracting Officer immediately;

(2) Conduct an investigation in accordance with other provisions of this contract or as required by the Contracting Officer; and

(3) Submit a written report to the Contracting Officer.

(e) Contractor responsibility for safety. (1) Nothing in this clause, nor any Government action or failure to act in surveillance of this contract, shall relieve the Contractor of its responsibility for the safety of --

(i) The Contractor's personnel and property;

(ii) The Government's personnel and property; or

(iii) The general public.

(2) Nothing in this clause shall relieve the Contractor of its responsibility for complying with applicable Federal, State, and local laws, ordinances, codes, and regulations (including those requiring the obtaining of licenses and permits) in connection with the performance of this contract.

(f) Contractor responsibility for contract performance. (1) Neither the number or frequency of inspections performed by the Government, nor the degree of surveillance exercised by the Government, relieve the Contractor of its responsibility for contract performance.

(2) If the Government acts or fails to act in surveillance or enforcement of the safety requirements of this contract, this does not impose or add to any liability of the Government.

(g) Subcontractors. (1) The Contractor shall insert this clause, including this paragraph (g), in every subcontract that involves ammunition or explosives.

(i) The clause shall include a provision allowing authorized Government safety representatives to evaluate subcontractor safety programs, implementation, and facilities as the Government determines necessary.

(ii) Note: The Government Contracting Officer or authorized representative shall notify the prime Contractor of all findings concerning subcontractor safety and compliance with the manual. The Contracting Officer or authorized representative may furnish copies to the subcontractor. The Contractor in turn shall communicate directly with the subcontractor, substituting its name for references to "the Government". The Contractor and higher tier subcontractors shall also include provisions to allow direction to cease performance of the subcontract if a serious uncorrected or recurring safety deficiency potentially causes an imminent hazard to DoD personnel, property, or contract performance.

(2) The Contractor agrees to ensure that the subcontractor complies with all contract safety requirements. The Contractor will determine the best method for verifying the adequacy of the subcontractor's compliance.

(3) The Contractor shall ensure that the subcontractor understands and agrees to the Government's right to access to the subcontractor's facilities, personnel, and safety program documentation to perform safety surveys. The Government performs these safety surveys of subcontractor facilities solely to prevent the occurrence of any mishap which would endanger the safety of DoD personnel or otherwise adversely impact upon the Government's contractual interests.

(4) The Contractor shall notify the Contracting Officer or authorized representative before issuing any subcontract when it involves ammunition or explosives. If the proposed subcontract represents a change in the place of performance, the Contractor shall request approval for such change in accordance with the clause of this contract entitled "Change in Place of Performance - Ammunition and Explosives".

252.223-7003 CHANGE IN PLACE OF PERFORMANCE - AMMUNITION AND EXPLOSIVES (DEC 1991)

(a) The Offeror shall identify, in the "Place of Performance" provision of this solicitation, the place of performance of all ammunition and explosives work covered by the Safety Precautions for Ammunition and Explosives clause of this solicitation. Failure to furnish this information with the offer may result in rejection of the offer.

(b) The Offeror agrees not to change the place of performance of any portion of the offer covered by the Safety Precautions for Ammunition and Explosives clause contained in this solicitation after the date set for receipt of offers without the written approval of the Contracting Officer. The Contracting Officer shall grant approval only if there is enough time for the Government to perform the necessary safety reviews on the new proposed place of performance.

(c) If a contract results from this offer, the Contractor agrees not to change any place of performance previously cited without the advance written approval of the Contracting Officer.

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 30TH 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

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

CLIN 0001: W44W9M

CLIN 0002: W53W9L

(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 W52P1J Admin DoDAAC W52P1J Inspect By DoDAAC CLIN 0001: W44W9M; CLIN 0002: W53W9L Ship To Code CLIN 0001: W44W9M; CLIN 0002: W53W9L 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) ____

(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.

Samantha Keegan: samantha.m.keegan.civ@mail.mil MCAAP POC: Kent Hackett: kent.w.hackett.civ@mail.mil CAAA POC: Derek Sheetz: derek.k.sheetz.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.

MCAAP: Karen Blaylock, 918-420-7461

CAAA: TBD

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

Section H - Special Contract Requirements

RECEIVING OFFICE REQUIREMENT

52.0011-4000 Receiving Office Requirement – MCAAP (FEB 2004)

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.

Delivery drivers will have a valid driver’s license and no outstanding warrant history to gain entry for shipment/delivery. Any other occupants of the delivery vehicle will have a valid picture ID and no outstanding warrant history.

No shipments will be accepted on government holidays.

52.0046-4001 Crane Army Ammunition Activity Delivery Instruction - CAAA

CAAA receiving hours are 0700 - 1430 BY APPOINTMENT ONLY; Includes inert & Freight All Kind (FAK);

Monday through Thursday; appointments will…