W52P1J21Q3020.pdf

SEE ADDENDUM

(No Collect Calls)

W52P1J21Q3020 08-Apr-2021

b. TELEPHONE NUMBER

(309) 782-7252

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 30 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

NICHOLAS J BROWN

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

ACC-RI

3055 RODMAN AVENUE

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-A6

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

331314

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.

W52P1J21Q3020

Section SF 1449 - CONTINUATION SHEET

EXECUTIVE SUMMARY

Addendum to 52.212-1 – Instructions to Offerors – Commercial Items (JUN 2020)

1. The Army Contracting Command - Rock Island (ACC-RI) hereby issues Solicitation W52P1J-21-Q-3020 for Aluminum Powder Class 4, Aluminum Powder Atomized Class 6, Aluminum Class 5, and Aluminum Powder PC1000. This solicitation will result in a 5 year Firm-Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract. This solicitation is issued in accordance with FAR 12 (Acquisition of Commercial Items) and FAR Part 13 (Simplified Acquisition Procedures).

2. The Government’s only obligation under the subsequent contract is for the guaranteed minimum of CLIN 0001 12,000 pounds Aluminum Powder Class 4, CLIN 0002 2,500 pounds Aluminum Powder Atomized Class 6, and CLIN 0003 11,000 pounds Aluminum Class 5. The minimum guarantee will be obligated by the first delivery order awarded simultaneously with the base IDIQ contract. All other quantities are estimates only, and do not bind the Government in any way to include, but not limited to, quantities listed in this solicitation. The Maximum Quantity for the resulting contract will be CLIN 0001 125,000 pounds Aluminum Powder Class 4, CLIN 0002 125,000 pounds Aluminum Powder Atomized Class 6, CLIN 0003 200,000 pounds Aluminum Class 5, and CLIN 0004 160,000 pounds Aluminum Powder PC1000.

3. The U.S. Government will evaluate offers based on the lowest Total Evaluated Price from the Price Evaluation Sheet, and any other price related factors required by the solicitation. The Total Evaluated Price is the sum of the evaluated PPS Price and the total evaluated unit price for all CLINs. See Evaluation for Award below.

4. Offerors shall provide a completed Price Matrix (Attachment 0001). Firm unit prices shall be provided for all quantities, and quantity ranges. Proposed unit prices shall be limited to two (2) decimal places.

5. The ordering periods are provided below (actual dates will be provided at time of award):

Ordering Period 1 – Date of Award - 365 Days after Award (DAA) Ordering Period 2 – 366 DAA – 731 DAA Ordering Period 3 – 732 DAA – 1,097 DAA Ordering Period 4 – 1098 DAA – 1,463 DAA Ordering Period 5 – 1464 DAA – 1,829 DAA

6. Requested Delivery Schedule: Production Quantity is due at a monthly rate of CLIN 0001 10,000 pounds Aluminum Powder Class 4, CLIN 0002 10,000 pounds Aluminum Powder Atomized Class 6, CLIN 0003 10,000 pounds Aluminum Class 5, and CLIN 0004 10,000 pounds Aluminum Powder PC1000. There is no requirement for a First Article Test (FAT).

7. Packaging and Delivery Information:

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

TRANSPORTATION CARRIERS" IN THE SOLICITATION.

Delivery shall be made to the following address:

US Army, Pine Bluff Arsenal Central Shipping Receiving Point (CSRP) Bldg 53-990, 506th Street Pine Bluff, AR 71602

All items should come on standard wood pallets. Be of max pallet height of 56 inches. Pallets must be stackable, and able to be stored as stacked for up to 1 year. Corner posts are suggested. Unique items that aren’t stackable or fragile should be marked as such on the pallet.

8. Notes:

a. Offeror is liable for ACCURACY of submitted quotes and for any incurred costs if quote was submitted erroneously.

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

c. Quotes submitted in response to this solicitation shall remain valid for 30 days.

d. Offerors shall 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:

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

e. Offerors shall provide its CAGE Code.

f. Offerors shall provide its DUNS number.

8. Inspection and Acceptance is at destination. FOB is destination.

9. For the contract resulting from this solicitation, the payment will be made by DFAS, via Wide Area Workflow

(WAWF).

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

11. Instructions to Offerors:

The quoted Production Contract Line Item Number (CLIN) unit prices will be used by the U.S. Government to calculate the total evaluated price for the ordering periods. The Offeror shall provide quoted prices as follows:

a. Offerors shall provide a completed Price Matrix, Attachment 0001, in Microsoft Excel. The quoted unit prices shall be the prices used by the U.S. Government to calculate the Total Evaluated Price and for issuance of future delivery orders. Offerors must quote unit prices for all quantity ranges for each ordering period for the Aluminum Powder Class 4, Aluminum Powder Atomized Class 6, Aluminum Class 5, and Aluminum Powder PC1000 as identified in the Pricing Matrix. Failure to do so may result in the offer being rejected.

b. The following instructions are for completion of the Price Matrix:

i. The Offeror shall fill in all information highlighted in blue on the attached Price Matrix (Attachment 0001).

ii. The Offeror shall enter its full name and Cage Code in the space provided.

iii. Offerors are required to quote binding firm fixed unit prices for the Production CLIN requirements for all ordering periods for CLIN 0001 Aluminum Powder Class 4, CLIN 0002 Aluminum Powder Atomized Class 6, CLIN 0003 Aluminum Class 5, and CLIN 0004 Aluminum Powder PC1000 in the spaces provided for contractor fill-in. Failure to do so may result in rejection of the offer.

iv. Quoted unit prices are limited to two decimals.

v. Offerors shall not make any changes or add any other information to the Price Matrix.

vi. All quoted prices shall be stated in current U.S. dollars

The U.S. Government reserves the right to require the submission of any data necessary to validate the reasonableness of an offer, including certified cost or pricing data in accordance with FAR 15.403.

12. Evaluation for Award: The U.S. Government will evaluate quotes based on the Total Evaluated Price from the Price Evaluation Sheet, and any other price related factors required by the solicitation. The Total Evaluated Price is the sum of the evaluated unit price for all CLINs.

A. The evaluated Production quantity weighted evaluation price (CLINs 0001, 0002, 0003 & 0004) is the sum of the weighted ordering period prices for each of the five ordering periods.

i. The Weighted Evaluation Unit Price for each ordering period is calculated by multiplying the proposed unit prices for each quantity range by their respective weight (%) and maximum quantity for each range, and then summing their totals.

The weight associated with each range represents the likelihood that an order, if placed, would be placed within that range.

If an Offeror fails to quote unit prices for all Production quantity ranges and ordering periods for all CLINs, the U.S.

Government may reject that offer as unacceptable.

Per FAR 13.106-2(b)(1), one or more of the evaluation procedures in FAR 14 or 15 may be used. The Total Evaluated Price will be evaluated utilizing the analysis techniques IAW FAR 15.404-1. Price Analysis shall be used to determine price reasonableness. Additional analysis techniques may be used as determined necessary by the contracting officer. These methods of evaluation may include the use of information/input from sources such as (but not limited to) other Government agencies and personnel.

As part of the evaluation, quotes may be reviewed to identify any significant unbalanced pricing. In accordance with FAR 15.404-1(g), i.e., Unbalanced Pricing, a proposal may be rejected if the contracting officer determines the lack of balance poses an unacceptable risk to the U.S. Government.

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

14. Nick Brown is the Point of Contact (POC) for this action at nicholas.j.brown91.civ@mail.mil.

End of Addendum to 52.212-1 – Instructions to Offerors – Commercial Items (JUN 2020)

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 125,000 Pound Aluminum Powder, Class 4

FFP

Production CLIN: Aluminum Powder, Attachment 0003 MIL-DTL-512, Type II, Grade C, Class 4. Aluminum Powder: 100% shall pass through a 50 sieve , 97% shall pass througha 100 sieve and 80% to 97% shall pass through a 200 sieve. See Note 6

A Certificate of Conformance shall be included with each shipment.

End Item: M116 FOB: Destination

PN/CN: 01X970855:3XUS9

PSC CD: 9630

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 125,000 Pound Aluminum Powder, Atomized, Class 6

FFP

Production CLIN: Aluminum Powder, Atomized, Attachment 0003 MIL-DTL- 512, Type II, Grade C, Class 6

A Certified Material Test Report shall be included with each shipment.

End Item: M14 FOB: Destination

PN/CN: 01X962740:3XUS9

UNIT UNIT PRICE MAX AMOUNT

0003 200,000 Pound Aluminum, Class 5

FFP

Production CLIN: Aluminum, Attachment 0003 MIL-DTL-512, Type II, Grade C, Class 5.

A Certified Material Test Report shall be included with each shipment.

End Item: M14 FOB: Destination

PN/CN: 01X933984:3XUS9

UNIT UNIT PRICE MAX AMOUNT

0004 160,000 Pound Aluminum Powder, PC 100

FFP

Production CLIN: Aluminum Powder, ASTM D962, Type I, Class A, Minimum average particle size 6.5 microns, maximum average particle size 15 microns, 325 mesh retention 0.1% maximum, surface area 1.2 m^2/cm^3

A Certificate of Conformance shall be included with each shipment.

End Item: M14/M106 FOB: Destination

PN/CN: PC100:3TFZ1

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1,000.00 125,000.00 0002 1,000.00 125,000.00 0003 1,000.00 200,000.00 0004 1,000.00 160,000.00

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

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1000.00

25,000.00

0002 1000.00

25,000.00

0003 1000.00

40,000.00

0004 1000.00

40,000.00

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 0003 Destination Government Destination Government 0004 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUN 2020

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

PROVISIONS BY REFERENCE:

52.203-3 Gratuities APR 1984 52.203-11 Certification and Disclosure Regarding Payments to SEP 2007

Influence Certain Federal Transactions 52.203-18 Prohibition on Contracting with Entities That JAN 2017

Require Certain Internal Confidentiality Agreements or Statements--Representation

52.204-7 System for Award Management JUL 2013 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.215-20 Requirements for Certified Cost or Pricing Data OCT 2015 and Data Other than Certified Cost or Pricing Data 52.225-25 Prohibition on Contracting with Entities Engaging in OCT 2015

Certain Activities or Transactions Relating to Iran Representation and Certifications

252.219-7003 Small Business Subcontracting Plans (DOD Contracts) DEC 2019 252.219-7004 Small Business Subcontracting Plan (Test Program) MAY 2019 252.225-7012 Preference for Certain Domestic Commodities DEC 2017 252.225-7021 Trade Agreements – Basic SEP 2019 252.226-7001 Utilization of Indian Organizations, Indian-Owned APR 2019

Economic Enterprises, and Native Hawaiian Small Business Concerns

252.243-7002 Requests for Equitable Adjustments DEC 2012

PROVISIONS BY FULL TEXT:

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).

(End of provision)

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

(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 property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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 consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

(End of provision)

52.233-2 SERVICE OF PROTEST

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Jill Veloz, jill.c.veloz.civ@mail.mil.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)

This solicitation incorporates one or more 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 this/these address(es):

http://acquisition.gov

(End of Provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulations Supplement, Department of Defense (48 CFR Chapter _2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

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

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

ADDENDUM 52.212-4

ADDENDUM TO 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

CLAUSES/PROVISIONS BY REFERENCE:

52.203-17 Contractor Employee Whistleblower APR 2014

Rights and Requirements to Inform Employees Of Whistleblower Rights

52.203-12 Limitation on Payments to Influence Certain OCT 2010 Federal Transactions

52.204-4 Printed or Copied Double-Sided on Postconsumer MAY 2011 Fiber Content Paper

52.204-13 System for Award Management Maintenance JUL 2013 52.211-15 Defense Priority and Allocation APR 2008

Requirements 52.211-17 Delivery of Excess Quantities SEP 1989 52.227-1 Authorization and Consent DEC 2007 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-7 Notification of Changes JAN 2017 52.245-9 Use and Charges APR 2012 52.246-2 Inspection of Supplies - Fixed Price Basic AUG 1996 52.246-16 Responsibility of Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7002 Requirement to Inform Employees of SEP 2013

Whistleblower Rights 252.204-7000 Disclosure of Information AUG 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting with Firms that are OCT 2015

Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

252.222-7999 Combating Race and Sex Stereotyping NOV 2020 252.225-7001 Buy American and Balance of Payments Payments DEC 2017 252.225-7002 Qualifying Country Sources as Subcontractors AUG 2016 252.225-7048 Export Controlled Items DEC 2017 252.245-7001 Tagging, Labeling, and marking of Government- APR 2012 252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System APR 2012

Administration

252.245-7004 Reporting, Reutilization, and Disposal MAR 2015

CLAUSES/PROVISIONS BY FULL TEXT:

52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

0001: 10,000 lbs Aluminum Powder, Class 4 30 Days After Date of Delivery Order 0002: 10,000 lbs Aluminum Powder, Atomized, Class 6 30 Days After Date of Delivery Order 0003: 10,000 lbs Aluminum, Class 5 30 Days After Date of Delivery Order 0004: 10,000 lbs Aluminum Powder, PC 100 30 Days After Date of Delivery Order

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

0001: _______ lbs Aluminum Powder, Class 4 _____ Days After Date of Delivery Order 0002: _______ lbs Aluminum Powder, Atomized, Class 6 _____ Days After Date of Delivery Order 0003: _______ lbs Aluminum, Class 5 _____ Days After Date of Delivery Order 0004: _______ lbs Aluminum Powder, PC 100 _____ Days After Date of Delivery Order

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1,000 lbs Aluminum Powder, Class 4, 1,000 lbs Aluminum Powder, Atomized, Class 6, 1,000 lbs Aluminum, Class 5, and/or 1,000 lbs Aluminum Powder, PC 100 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of 25,000 lbs Aluminum Powder, Class 4, 25,000 lbs Aluminum Powder, Atomized, Class 6, 40,000 lbs Aluminum, Class 5, and/or 40,000 lbs Aluminum Powder, PC 100;

(2) Any order for a combination of items in excess of 130,000 lbs; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

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

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

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

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

(d) The certificate shall read as follows:

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

Date of Execution: _______________________________ Signature: ______________________________________ Title: __________________________________________

(End of clause)

52.246-17 Warranty of Supplies of a Noncomplex Nature (June 2003)

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

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 1,095 days.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

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

(c) Remedies available to the Government.

(1) The…