W52P1J-21-Q-3008.pdf

SEE ADDENDUM

(No Collect Calls)

W52P1J21Q3008 29-Mar-2021

b. TELEPHONE NUMBER

(309) 782-0703

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 19 Apr 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W52P1J9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHEILA K. PETERS

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

BLDG 60, 3RD FLOOR

SHEILA PETERS

ROCK ISLAND IL 61299-8000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE W41G26 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PINE BLUFF ARSENAL

CENTRAL SHIPPING & RECEIVING POINT

(CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325180

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF54

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W52P1J21Q3008

Section SF 1449 - CONTINUATION SHEET

EXECUTIVE SUMMARY

Addendum to 52.212-1, Instructions to Offerors – Commercial Items

1. The Army Contracting Command – Rock Island (ACC-RI) hereby issues solicitation W52P1J20Q3008 in accordance with Federal Acquisition Regulation (FAR) Part 12 - Acquisition of Commercial Items and FAR Part 13

- Simplified Acquisition Procedures, for the procurement of Zinc Oxide. This requirement is issued as a 100% set aside for small businesses.

2. This solicitation W52P1J20Q3008 is expected to result in a single award for a Firm Fixed Price (FFP) contract to the offeror whose quote is in compliance with all terms and conditions of the solicitation and provides the Lowest Priced Technically Acceptable (LPTA) quote. See 52.212-1 and 52.212-2 for the Instructions to Offerors and Evaluation Criteria. The offeror shall be responsive, responsible and have an active registration in the System for Award Management (SAM) System. All contractors who provide good/services to the Department of Defense (DoD) shall be registered in the System for Award Management (SAM) database prior to contract award resulting from this solicitation. Vendors may register for SAM at https://www.sam.gov.

3. Offerors shall provide their proposed unit price in Contract Line Item Number (CLIN) 0001 of the solicitation.

The proposed unit price is limited to two decimal places.

4. A First Article Test (FAT) sample is NOT required.

5. Shipments will be FOB Destination to Pine Bluff Arsenal (PBA), Pine Bluff, AR as follows:

US ARMY, PINE BLUFF ARSENAL

CENTRAL SHIPPING AND RECEIVING POINT (CSRP)

BLDG 53-990, 506TH STREET

PINE BLUFF AR 71602-9500

NOTE: ALL CARRIER SHIPMENTS MUST BE SCHEDULED IN ADVANCE. SEE "NOTICE TO

TRANSPORTATION CARRIERS" IN SECTION F OF THE SOLICITATION.

6. Inspection and Acceptance is at destination.

7. Early delivery is acceptable at no additional cost to the Government.

8. Zinc Oxide is required to be Grade A, Class 1 and in accordance with the following:

a. Specification MIL-Z-291, Revision G dated 4 December 1992. PLEASE NOTE THE MODIFICATION TO THE ZINC OXIDE REQUIREMENT REGARDING PARTICLE SIZE AS FOLLOWS: 99.9% shall pass through a 140 sieve and 99% shall pass through a 170 sieve (Attachment 001).

b. Drawing 143-1-1, Revision N dated 12 April 2018 (Distribution Statement D)(Attachment 002). This drawing has a restricted distribution and contractors are required to have an active registration in the Joint Certification Program (JCP) to access this drawing.

9. A "Variation in Quantity" is NOT authorized.

NOTE:

a) QUOTES ARE DUE NO LATER THAN: April 19, 2021, 03:00 PM (CST)

b) Contract will be awarded utilizing the Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with Federal Acquisition Regulation (FAR) 15.101-2.

c) “No Bid” responses are accepted.

d) Contractor is liable for ACCURACY of submitted quotes and for any incurred costs if quote was submitted erroneously.

e) Electronic Invoicing instructions shall be provided at time of award. A DD250 will be required.

f) Quotes submitted in response to this solicitation shall remain valid for 60 days.

g) Contractors must be registered in the System for Award Management (SAM) in order to be eligible for an award with the U.S. Government. Application to this site can be found under the following link: www.sam.gov.

Failure to comply with SAM registration may deem a quote ineligible for award.

h) Please provide your CAGE Code.

i) Please provide your DUNS number.

10. For the contract resulting from this solicitation, the payment will be made by DFAS, via Wide Area Workflow (WAWF).

11. Although the Government intends to award the resultant contract without discussions, the Government reserves the right to open discussions.

12. List of Attachments:

Attachment 001 - MIL-Z-291, Revision G dated 4 December 1992 with Notices.

Attachment 002 - Drawing 143-1-1, Revision N dated 12 April 2018

13. The point of contact is Sheila Peters, ACC-RI, email address sheila.k.peters2.civ@mail.mil.

14. This Executive Summary is provided for administrative assistance only and is not intended to alter the terms and conditions of the solicitation in any manner. Provisions of this solicitation and technical data shall prevail over this executive summary.

ADDITIONAL INFORMATION

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.

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.

SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION (FEB 2004)

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

(The Number that starts with W911RP----) 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.

PINE BLUFF ARSENAL WORKING HOURS

Receiving hours at Bldg 53-990 are from 6:30a.m. until 2:30p.m. Monday through Thursday.

All shipments must be at Dexter Gate (truck gate) on or before 2:30p.m. unless prior arrangements have been made. No shipments will be accepted on Friday.

No shipments will be accepted on Government holidays. Government holidays are as follows:

New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, 4th of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. If the holiday falls on a Sunday, the holiday will be observed on the following Monday.

NOTICE TO TRANSPORTATION CARRIERS

Beginning on 1 March 2016, Pine Bluff Arsenal will no longer receive unscheduled inbound shipments.

Scheduling is executed via the Carrier Appointment System (CAS) in Electronic Transportation Acquisition (ETA) tool.

Carriers without access to CAS call (870) 540-3610 or (870) 540-3611 for appointment 24 hours in advance.

In order to obtain an appointment, you must provide a BOL (must contain the following: NSNs, DODIC, Nomenclature and HAZCLASS). This includes FAK. Pine Bluff Arsenal Transportation office hours of operation are 7:00 am – 2:30 pm Mon-Thur (except Federal Holidays). Closed for receiving on Fridays.

Carriers that do not register shipments in advance may be turned away.

ETA Registration New Users. If you do not have an ETA account, follow the instructions below:

1. Go to ETA Home https://eta. sddc.army. mil

2. Select Register for Access-> First Time Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot.

5. Select the Generate Request Form button at the bottom of the page

6. Enter your information. All required fields contain an asterisk to the left of the field name. Users with a .mil address will be required to register their digital certificate (CAC).

7. After entering information. Select Submit Request.

8. Confirm your email address is correct by selecting OK. A page will be displayed with a Request ID. This will become your ETA User ID upon approval. Your request for access will be reviewed and you will be contacted via email.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email with a link to obtain a password. If you are using your CAC to authenticate, you will not need a password.

11. Approved CAS ETA users will access CAS through the ETA Home Page (https://eta. sddc.army. mil) -> Select Freight/Cargo Systems -> Select Carrier Appointment System (CAS)

ETA Registration Existing Users:

1. Go to ETA Home https://eta. sddc.army. mil

2. Select Register for Access-> First Time Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot.

5. Select the Generate Request Form button at the bottom of the page

6. Enter your information. All required fields contain an asterisk to the left of the field name.

7. After entering information. Select Submit Request.

8. Confirm your email address is correct by selecting OK.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email informing you that you are approved and that you may begin using the CAS application.

11. Approved CAS ETA users will access CAS through the ETA Home Page (https://eta. sddc.army. mil) -> Select Freight/Cargo Systems -> Select Carrier Appointment System (CAS)

CLAUSES/SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) (FAR 52.252-1/52.252-2)

This solicitation incorporates one or more clauses and/or solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

http://farsite.hill.af.mil/; http://www.arnet.gov/far/; http://akss.dau.mil/jsp/default.jsp;

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.

PACKAGING (PRESERVATION/PACKING/MARKING):

Containers shall be clearly marked, at a minumu, with the information as follows:

a. Name of contractor

b. Contract Purchase Order Number

c. Description of items contained therein

d. Lot/Batch Number(s)

CERTIFIED MATERIAL TEST REPORTS

For those material(s) identified below, a certified test report shall be made available to the Government/DCAS Quality Assurance Representative (QAR). The test results contained on the certified test reports(s) shall be adequate to determine compliance with all applicable requirements of the material specifications(s) listed below. Availability of the certified test reports are in addition to other contract requirements and does not reduce or prejudice the Government’s right to inspect supplies under other provisions of this contract. The test report(s) shall contain the following:

(a) Name and Address of Supplier.

(b) Purchase Order Number.

(c) Identification of material by specification, revision, amendment and dates, together with type, grade, size, etc.

(d) Quantity of material.

(e) Test results identified by reference to the applicable requirements.

(f) Quantity tested, sample size, and specimen type as applicable.

(g) Date, signature, and title of the authorized representative of the contractor that is attesting to the accuracy of the test report content.

REWORK AND REPAIR OF NONCONFORMING MATERIAL

(a) Rework and Repair are defined as follows:

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

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

(b) Rework procedures along with the associated inspection procedures shall be documented by the Contractor and submitted to the Government Quality Assurance Representative (QAR) for review prior to implementation.

Rework procedures are subject to the QAR's disapproval.

OPERATIONS SECURITY (OPSEC) REQUIREMENTS

1. As defined in Army Regulation (AR) 530-1, Operations Security (OPSEC), sensitive information is information requiring special protection from disclosure that could cause compromise or threat to our national security, an Army organization, activity, family member, DA civilian or DoD contractor. Critical Information is defined as information important to the successful achievement of U.S. objectives and missions, or which may be of use to an adversary of the United States. It consists of specific facts about friendly capabilities, activities, limitations (includes vulnerabilities), and intentions needed by adversaries for them to plan and act effectively so as to degrade friendly mission accomplishment. All critical information is sensitive, but not all sensitive information is critical.

2. The Contractor shall not release sensitive information to the general public without prior written approval from the Contracting Officer. All contractor requests to release sensitive information shall be in writing and clearly explain the necessity for release of the information and consequences if approval is not granted.

Contractor employees who are U.S. citizens shall be provided access to sensitive information on a "need to know" basis required to fulfill the terms and conditions of the contract. Foreign National (FN) employees’ access to information will be limited to non-sensitive information. FN access to sensitive information will be approved in writing by the Contracting Officer on a case-by-case basis, and will be strictly limited to the information that the employee must know in order to fulfill the terms and conditions of the contract.

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

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

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

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

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

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

End of Addendum to 52.212-1, Instructions to Offerors – Commercial Items

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 50,000 Pound Zinc Oxide

FFP

Zinc Oxide, Grade A, Class 1, in accordance with MIL-Z-291, Revision G, 4 December 1992 (Attachment 001). PLEASE NOTE THE MODIFICATION TO

THE ZINC OXIDE REQUIREMENT REGARDING PARTICLE SIZE AS

FOLLOWS: 99.9% shall pass through a 140 sieve and 99% shall pass through a 170 sieve. Also applicable is Drawing 143-1-1, Revision N, 12 April 2018 (Attachment 002)

Certificate of Analysis (COA) is required to be provided with shipment.

The Government requests one delivery of 50,000 lbs.

Package in 50 pound bags with maximum of 2,500 lbs per pallet.

End Item: M116 FOB: Destination

MFR PART NR: 01X933844:3XUS9

PSC CD: 6850

NET AMT

52.212-1 AND 52.212-2

52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. General Instructions: These instructions are a guide for preparing your quote. These instructions generally describe the type and extent of information you should provide and address in your quote. You should include in the quote sufficient information to enable the evaluators to determine your understanding of the requirements in each of the evaluated areas. It is the U.S. Government's intent to award a single Firm-Fixed-Price (FFP) contract. A Lowest Price Technically Acceptable (LPTA) process in accordance with Federal Acquisition Regulation (FAR ) 15.101-2 is being utilized to select the successful offeror and no trade-offs will be made. The U.S. Government intends to evaluate quotes and award without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offerors initial response should contain the offerors best terms and price. However; the U.S. Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

2. Quote Submission and Format: The offeror’s quote shall be prepared and authorized by a person regularly employed by the offeror. The quote should state the name of each person contributing to the authorship of the quote, the person’s position title, phone number, and email address of the person who should be contacted should a contract be awarded. The quote should be prepared in a clear, legible, practical manner. The signature on this solicitation, offer or contract should be the signature of: (a) a Corporate Officer (President, Vice-President, Treasurer, Secretary); or,

(b) an individual authorized in writing by a Corporate Officer to bind the company to a legal documenting addition.

The quote shall be written in English and should be specific and complete as described in these instructions.

Offerors must submit their quotes in electronic format prior to the closing date and time listed on the first page of this solicitation. Quotes may be emailed to the Contract Specialist listed as follows:

Contract Specialist: Sheila Peters, Email: sheila.k.peters2.civ@mail.mil Other formats such as (but not limited to) third party cloud file services, hard copies, CDs, and Drop Box) will not be acceptable.

Failure to provide a complete quote package will result in the offer being determined non-responsive and it will no longer be considered for award.

The following factors will be evaluated:

Factor 1: Technical Factor 2: Price

FACTOR 1: Technical:

Pine Bluff Arsenal is NOT conducting tests on Zinc Oxide samples to ensure compliance. Instead a Certificate of Analysis (COA) will be evaluated based on its contents as described below.

Offeror must submit a Certificate of Analysis (COA) with their offer that shows compliance with the technical data for Zinc Oxide, Grade A, Class 1. Details follows:

As outlined in MIL-Z-291 Revision G, 4 December 1992, Paragraph 3, REQUIREMENTS, the COA is required to show the following information:

1) Table 1, Chemical Characteristics for Grade A

2) Particle Size for Class 1 –

PLEASE NOTE THE MODIFICATION TO THE ZINC OXIDE REQUIREMENT REGARDING

PARTICLE SIZE AS FOLLOWS: 99.9% shall pass through a 140 sieve and 99% shall pass through a 170 sieve.

3) Moisture Reabsorption

4) Apparent Density

TO CLARIFY: The COA shall be actual results of Zinc Oxide that has been tested since it is required to be an actual representation of the material that will be submitted.

A. If the offeror does not submit a COA with their offer, the offeror will be determined to be non-responsive and no longer considered for contract award.

B. If the offeror submits a Technical Data Sheet (TDS) and/or a graph with their offer instead of a COA, the offeror will be determined to be non-responsive and no longer considered for contract award.

C. If the offeror submits a COA that does not include all REQUIREMENTS in Paragraph 3 of MIL-Z-291 Revision G, 4 December 1992 that are applicable to Grade A and Class 1 as listed above to include the noted modification, the offeror will be determined to be non-responsive and no longer considered for contract award.

PLEASE NOTE: The offeror is responsible for information on the COA. If the offeror forwards an incomplete or incorrect COA provided by a supplier, the offeror will be determined to be non-responsive and no longer considered for contract award.

4. Factor 2: Price A Firm-Fixed-Priced (FFP) shall be entered for Contract Line Item Number (CLIN) 0001 in the solicitation. The proposed unit price is limited to two decimal places.

Price shall be submitted on a FOB Destination basis. The price proposed will be binding. The price shall be valid for 60 days after date of quote. The Government reserves the right to require the submission of any data other than certified cost and pricing data, as set forth in FAR 15.403-3(a), as necessary to determine the price is fair and reasonable.

END OF 52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

52.212-2 – EVALUATION – COMMERCIAL ITEMS

EVALUATION CRITERIA

1. Basis for Contract Award: The U.S. Government plans to award a single Firm-Fixed-Price (FFP) contract utilizing the Lowest Price Technically Acceptable (LPTA) source selection procedures with Federal Acquisition

Regulation (FAR) 15.101-2. The evaluation factors include Technical (GO/NO-GO) and Price. The U.S. Government will not rate or rank quotes, but will select the quote that provides the best overall value to the U.S. Government based on the lowest total evaluated price of those quotes deemed technically acceptable.

2. The U.S. Government intends to evaluate quotes and award a purchase order without discussions with contractors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial quote should contain their best terms for technical and price. However; the U.S. Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

3. Evaluation Factors:

Factor 1: Technical:

GO Rating:

Offeror submitted a Certificate of Analysis (COA) with their offer that shows compliance with the technical data for Zinc Oxide, Grade A, Class 1. Details follows:

As outlined in MIL-Z-291 Revision G, 4 December 1992, Paragraph 3, REQUIREMENTS, the COA is required to show the following information:

2) Particle Size for Class 1

PLEASE NOTE THE MODIFICATION TO THE ZINC OXIDE REQUIREMENT REGARDING

PARTICLE SIZE AS FOLLOWS: 99.9% shall pass through a 140 sieve and 99% shall pass through a 170 sieve.

NO-GO Rating:

1. Offeror did not submit a COA with their offer.

2. Offeror submitted a Technical Data Sheet (TDS) and/or a graph with their offer instead of a COA.

3. Offeror submitted a COA with their offer that DOES NOT show compliance with the technical data for Zinc Oxide, Grade A, Class 1. Details follows:

As outlined in MIL-Z-291 Revision G, 4 December 1992, Paragraph 3, REQUIREMENTS, the COA is required to show the following information:

2) Particle Size for Class 1

PLEASE NOTE THE MODIFICATION TO THE ZINC OXIDE REQUIREMENT REGARDING

PARTICLE SIZE AS FOLLOWS: 99.9% shall pass through a 140 sieve and 99% shall pass through a 170 sieve.

Factor 2: Price:

1. The price will be evaluated but will not be assigned a rating.

2. The Total Evaluated Price (TEP) will be analyzed utilizing proposal analysis techniques, IAW FAR 15.404-1, to determine price reasonableness.

3. The Government anticipates using competition to determine price reasonableness. However, if adequate price competition is not received, the Government reserves the right to require the submission of any data other than certified cost and pricing data, as set forth in FAR 15.403-3(a), necessary to validate the reasonableness of an offer.

4. Quotes will be evaluated on the price proposed for Contract Line Item Number (CLIN) 0001. The proposed unit price is limited to two decimal places. Price shall be submitted on a FOB Destination basis. Ship to location is Pine Bluff Arsenal, Pine Bluff, AR 71602. The price will be binding. The U.S. Government reserves the right to require the submission of any data (i.e., other than cost or pricing data) necessary to validate the reasonableness of an offer. Only those quotes receiving a GO Technical Rating will be considered for price.

5. Pricing shall be valid for 60 days after date of quote.

6. The U.S. Government intends to award to the lowest priced, technically acceptable offer.

END OF 52.212-2 – EVALUATION – COMMERCIAL ITEMS

ADDENDUM 52.212-1

Addendum to 52.212-1 Instructions to Offerors – Commercial Items Provisions by Reference:

52.203-11 Certification And Disclosure Regarding Payments To Influence SEP 2007 Certain Federal Transactions 52.203-12 Limitations On Payments To Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights 52.203-18 Prohibition on Contracting with Entities That Require Certain JAN 2017 Internal Confidentiality Agreements or Statements Representation 52.204-7 System for Award Management OCT 2018 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-20 Requirements for Certified Cost or Pricing Data or Information OCT 2010 Other Than Certified Cost or Pricing Data 52.225-25 Prohibition on Contracting with Entities Engaging in Certain AUG 2018 Activities or Transactions Relating to Iran Representations And Certifications

Provisions by Full Text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

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

or

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

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

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

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

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

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

Predecessor legal name: ____.

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

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--

REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and…