Amendment_0003_to_W56HZV15R0225.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

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

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

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

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

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

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Firm Fixed Price

0003 2016FEB29

W56HZV

U.S. ARMY CONTRACTING COMMAND

WARREN, MICHIGAN 48397-5000

KATHERINE M. THOMAS

EMAIL: KATHERINE.M.THOMAS.CIV@MAIL.MIL

W56HZV-15-R-0225

2016FEB01

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: KATHERINE M. THOMAS

Buyer Office Symbol/Telephone Number: CCTA-HBF-P/(586)282-8230

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

The purpose of Amendment 0003 is to:

1. Revise the Government Approval/Disapproval Days in CLIN 0016 from 270 days to 315.

2. Revise narrative E001 to CLIN 0016. (changes noted by underline)

FROM: ____

In accordance with C.10.2.5, the Contractor shall present the FAT unit under CLIN 0016 for inspection and acceptance. The FAT approval will be made IAW clause 52.209-4, and will include acceptance of the First Article unit at the final delivery destination.

Delivery of the FAT unit to APG shall be made within 180 days after award.

SHIP TO:

(SXC213)

DLA DISPOSITION SERVICES ABERDEEN

BLDG 507 ROOM 4 MULBERRY POINT RD

ABERDEEN PROVING GRUND

ABERDEEN PROVING GROUND, MD 21005

Approval/disapproval of the FAT unit will be within 270 days from receipt of the FAT unit at APG (within 450 days after award).

TO: __

In accordance with C.10.2.5, the Contractor shall present the FAT unit under CLIN 0016 for inspection and acceptance. The FAT approval will be made IAW clause 52.209-4, and will include acceptance of the First Article unit at the final delivery destination.

Delivery of the FAT unit to APG shall be made within 225 days after award. ____

SHIP TO:

(SXC213)

DLA DISPOSITION SERVICES ABERDEEN

BLDG 507 ROOM 4 MULBERRY POINT RD

ABERDEEN PROVING GROUND

ABERDEEN PROVING GROUND, MD 21005

Approval/disapproval of the FAT unit will be within 315 days from receipt of the FAT unit at APG (within 495 days after award). ___ ___

3. Revise paragraph (a) and (b) to Clause 52.209-4 "FIRST ARTICLE APPROVAL --GOVERNMENT TESTING (Sep 1989) --ALTERNATE I (Jan 1997) AND

ALTERNATE II (SEP 1989). (changes noted by underline)

FROM: ____

(a) The Contractor shall deliver ONE unit of CLIN 0016 within 180 calendar days from the date of this contract to the Government at

DLA Disposition Services Aberdeen, Bldg 507, Room 4, Mulberry Point Rd, Aberdeen Proving Ground, Aberdeen Proving Ground, MD 21005

(DODAAC SXC213) for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification.

The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 270 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval

TO: __

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W56HZV-15-R-0225 0003

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(a) The Contractor shall deliver ONE unit of CLIN 0016 within 225 calendar days from the date of this contract to the Government at ___

DLA Disposition Services Aberdeen, Bldg 507, Room 4, Mulberry Point Rd, Aberdeen Proving Ground, Aberdeen Proving Ground, MD 21005

(DODAAC SXC213) for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification.

The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 315 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in ___ writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

4. Add Clause 52.219-4044 "Submission of Subcontracting Plan" to Section L.

5. Revise the date and number of pages of the following attachments in Section J - List of Attachments. (changes noted by underline)

FROM: ____

List of Addenda Title Date Number of Pages

Attachment 0001 EWPS ATPD 2418 2 Nov 2015 069

Attachment 0006 Product Sample 4 Nov 2015 003

Test Plan

TO: __

List of Addenda Title Date Number of Pages

Attachment 0001 EWPS ATPD 2418 23 Feb 2016 060 ________________

Attachment 0006 Product Sample 23 Feb 2016 003 _____________

Test Plan

6. Revise paragraph L.3.2.: (changes noted by underline)

FROM: ____

L.3.2 The Offeror shall conduct a production test on a product sample at their facility in the Government's presence. No technical factor documentation is required with the electronic proposal, except as required by L.3.2.1. The Government intends to complete

Product Sample Test events within 90 days after the solicitation closes. However, additional time may be necessary depending on the number of offers received and tests events performed. Production tests will be scheduled no less than 7 calendar days in advance of the test date.

TO: __

L.3.2 The Offeror shall conduct a production test on a product sample at their facility in the Government's presence. No technical factor documentation is required with the electronic proposal, except as required by L.3.2.1. The Government intends to complete

Product Sample Test events within 90 days after the solicitation closes. However, additional time may be necessary depending on the number of offers received and tests events performed. Production tests will be scheduled no less than 21 calendar days in advance of __ the test date.

7. Revise paragraph L.3.2.1. (changes noted by underline)

FROM: ____

L.3.2.1 The Offeror shall submit the facility location for the Production Test as Volume II of the proposal. Different facilities may be proposed for different dates ranging from 15 to 90 calendar days after solicitation close to allow for EWPS test system availability. All dates within the 15-90 days, with the exception of weekends and Federal Holidays, must be available for the

Government to select for testing.

TO: __

L.3.2.1 The Offeror shall submit the facility location for the Production Test as Volume II of the proposal. Different facilities may be proposed for different dates ranging from 30 to 90 calendar days after solicitation close to allow for EWPS test system __ availability. All dates within the 30-90 days, with the exception of weekends and Federal Holidays, must be available for the __

Government to select for testing.

8. Revise paragraph M.4.1. (changes noted by underlined)

FROM: ____

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

M.4.1 The technical factor will consist of an evaluation of the Product Sample Test and resultant production bottles, which will be conducted on an Acceptable/Unacceptable basis. In order to be rated Acceptable, the Offerors operational test must demonstrate that its system clearly meets the criteria contained in Attachment 0006 (Product Sample Test Plan). The determination of Acceptable and

Unacceptable for each requirement specified in Attachment 0006 will be based on the following definitions:

TO: __

M.4.1 The technical factor will consist of an evaluation of the Product Sample Test and resultant production bottles, which will be conducted on an Acceptable/Unacceptable basis. The Acceptability/Unacceptability of the Product Sample Test will be based solely on the _________________________________________________________________________________________ minimum requirements identified in Attachment 0006. The Government will not evaluate other requirements ATPD 2418 beyond the minimum_____________________________________________________________________________________________________________________________________ requirements identified in Attachment 0006. (The Contractor will be responsible for meeting all requirements of ATPD 2418 during____________________________________________ ____________________________________________________________________________________ performance.) The determination of Acceptable and Unacceptable for each requirement specified in Attachment 0006 will be based on the_____________ following definitions:

9. Revise Attachment 0001 (ATPD). The version incorporated by this amendment dated 23 Feb 16 has revised the following paragraphs:

paragraph 2 of 1.1., paragraph 2 of 3.1., 3.3.4., 3.3.8.1., 3.3.8.2., 3.3.8.3., 3.3.8.4., 3.3.8.5., 3.3.8.6., 3.3.8.8., 3.3.9.6., 3.3.9.8., 3.3.9.10., 3.3.9.12., 3.3.9.13, 3.3.9.13.1., 3.3.10.2., 3.3.10.11., 3.3.10.13., 3.3.11., 3.3.12., 3.3.14., 3.5.2.1., 3.5.2.8., 3.5.3., 3.5.5., paragraph 2 of 3.6.1., 3.6.2., 3.7.1., 3.7.6., 3.10., 3.12., Table I (Test Methods for EWPS) remarks deleted from bottom of the table, 4.3.6.1., 4.4.1., 4.5.2., and 4.5.8.

10. Revise Attachment 0006 (Product Sample Test Plan). The version incorporated by this amendment dated 23 Feb 16 (Version 3.1) removed the picture from page 1.

11. Except as provided herein, all other terms and conditions of this solicitation remain unchanged.

*** END OF NARRATIVE A0004 ***

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0016 FIRST ARTICLE TEST - GOVERNMENT FAT 1 EA $ $ ____________________________________ ______________ __________________

COMMODITY NAME: EWPS

CLIN CONTRACT TYPE:

Firm Fixed Price

Mfr CAGE: 19207

Mfr Part Number: ATPD 2418

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE PACKAGING DATA

LEVEL PRESERVATION: Commercial

LEVEL PACKING: Commercial

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Government Approval/Disapproval Days: 315

In accordance with C.10.2.5, the Contractor shall present the FAT unit under CLIN 0016 for inspection and acceptance. The FAT approval will be made IAW clause 52.209-4, and will include acceptance of the

First Article unit at the final delivery destination.

Delivery of the FAT unit to APG shall be made within

225 days after award.

SHIP TO:

(SXC213)

DLA DISPOSITION SERVICES ABERDEEN

BLDG .507 ROOM 4 MULBERRY POINT RD

ABERDEEN PROVING GROUND

ABERDEEN PROVING GROUND, MD 21005

Approval/disapproval of the FAT unit will be within 315 days from receipt of the FAT unit at APG

(within 495 days after award).

(End of narrative E001)

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION I - CONTRACT CLAUSES

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

I-1 CHANGED 52.209-4 FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING (SEP 1989) -- ALTERNATE SEP/1989

I (JAN 1997) AND ALTERNATE II (SEP 1989)

(a) The Contractor shall deliver ONE unit of CLIN 0016 within 225 calendar days from the date of this contract to the Government at DLA

Disposition Services Aberdeen, Bdlg 507, Room 4, Mulberry Point Rd, Aberdeen Proving Ground, Aberdeen Proving Ground, MD 21005 (DODAAC

SXC213) for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 315 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing.

After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the

Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractors expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the Contracting Officer may, by written authorization, authorize the Contractor to acquire specific materials or components or to commence production to the extent essential to meet the delivery schedules. Until first article approval is granted, only costs for the first article and costs incurred under this authorization are allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

If first article tests reveal deviations from contract requirements, the Contractor shall, at the location designated by the Government, make the required changes or replace all items produced under this contract at no change in the contract price.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(j) The Contractor shall produce both the first article and the production quantity at the same facility.

(End of Clause)

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION J - LIST OF ATTACHMENTS

List of Number List of Number

Addenda Title Date of Pages Transmitted By Addenda Title Date of Pages Transmitted By________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________

Attachment 0001 EWPS ATPD 2418 23-FEB-2016 060 EMAIL

Attachment 0006 PRODUCT SAMPLE TEST PLAN 23-FEB-2016 003 EMAIL

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PIIN/SIIN MOD/AMD

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

L-1 ADDED 52.219-4004 SUBMISSION OF SUBCONTRACTING PLAN MAY/2012

(TACOM)

(a) Concurrent with the offer in response to this solicitation, the offeror shall submit a subcontracting plan required by FAR

52.219-9, entitled SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN. Note that such a plan is not required of offerors that are small businesses. The plan shall be submitted to the buyer's e-mail address on the face page of the solicitation.

(b) Each page of the subcontracting plan will be marked with the solicitation number and date, and may also be marked with other codes or identification symbols to aid in later identification. If this is a negotiated acquisition, the subcontracting plan may be negotiated along with the cost, technical, and managerial features of the offeror's proposal, and the Government reserves the right to discuss the subcontracting plan after the receipt of any best and final offer, in which case such discussion shall not constitute a re-opening of negotiations.

(c) Failure to submit and, if applicable, negotiate an acceptable subcontracting plan which, in the judgment of the Contracting

Officer, provides the maximum practicable opportunity for small business and small disadvantaged business concerns to participate in the awarded contract shall render the offeror ineligible for award. In this connection, offerors should be aware of the statutory goal that has been placed on the Department of Defense to award five percent of its total planned subcontracting dollars to small disadvantaged businesses (including Historically Black Colleges and Universities and Minority Institutions) at the prime contract and subcontract levels. In view of this Congressional mandate, large businesses shall provide specific explanation as a part of any written subcontracting plan furnished in response to this solicitation/contract that identifies a goal for subcontracting to small disadvantaged business concerns and/or Historically Black Colleges and Universities and/or Minority Institutions that, in the aggregate, amounts to less than five percent of the proposal's total subcontracting dollars.

[End of Provision]

L.1 PROPOSAL INSTRUCTIONS

L.1 PROPOSAL FORMAT AND INSTRUCTIONS

The Offeror's proposal, subject to the Submission, Modification, Revision and Withdrawal paragraph of FAR 52.212-1, Instructions to

Offerors - Commercial Items, contained in Section L of the solicitation, shall be submitted in the format and quantities as set forth in this solicitation. Section M, Evaluation Factors for Award, of the solicitation sets forth the evaluation criteria and delineates the factors to be evaluated. The Offeror's proposal, as required by this section, will be evaluated as set forth in Section M of this solicitation. The Government will not assume the Offeror possesses any capability, understanding, or commitment not specified in its proposal. It is an Offeror's responsibility to submit a well-written proposal with adequately detailed information which clearly demonstrates an understanding of and the ability to comply with the solicitation requirements to allow for a meaningful review.

L.1.1 Proposal Format: The Offeror shall submit an electronic version of its proposal via the Federal Business Opportunities (FBO) website at https://www.fbo.gov. All proposal information shall be in the English language and in U.S. dollars. The proposal shall include a volume for each factor of the evaluation. Each section of the proposal shall be separable by volume (see below) to facilitate review by the Government.

L.1.2 Proposal Instructions: The proposal shall be accompanied by an electronic Cover Letter (Letter of Transmittal) prepared on the companys letterhead, which identifies all enclosures being transmitted in the FBO submission. Extreme care and attention shall be given to ensure that all required items are included in the proposal. The Government reserves the right to reject any offers submitted that contain exceptions in accordance with M.2 Rejection of Offers.

L.1.3 Notice Regarding Electronic Proposal Submission

L.1.3.1 Offerors must submit electronic copies of the proposal in accordance with Clause 52.204-4016, TACOM-Warren Electronic

Contracting, and use the FBO system.

L.1.3.2 Offerors are cautioned that a proposal is not considered received until the final submission via FBO and a submitted status

(depicted by the green checkmark) is confirmed by the FBO system; the FBO system will send an email confirming the electronic submission. NOTE: These actions are not instantaneous. Offerors should begin the file upload well in advance of the solicitation closing date and time to ensure that the entire proposal is received in time to be considered for award. The FBO system will not allow proposal submission beyond the solicitation closing date indicated in the solicitation.

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L.1.3.3 Due to the expedited evaluation schedule, it is critical that all Offerors carefully and completely identify the parts and attachments of the proposal so that the Government may quickly and easily distribute the proposal volumes. For files over 10 Mb, Offerors must use the Large Upload button, have Java installed, and allow popups from the FBO website. The FBO Vendor Guide referenced in Clause 52.204-4016 provides FBO system information.

L.1.3.4 Offerors are requested, to the maximum extent possible, not to provide attachments from multiple volumes within a single uploaded file. Each uploaded file should include attachments from only one volume.

L.1.3.5 Offerors shall name all files to indicate the volume and part number (e.g., Volume I Solicitation - Part 1 of 4).

L.1.4 Lateness: The lateness rules for submitted proposals are outlined in FAR 52.212-1, "Instructions to Offerors-Commercial Items, as incorporated into this solicitation.

L.1.5 Electronic Copies: Offerors must submit electronic copies and any supplemental information (such as spreadsheets, backup data, and technical information) using the following:

(a) Files in either Microsoft Office 2000, 2007, 2013 or Office XP: Word, Excel, or PowerPoint. Spreadsheets must be sent in a file format that includes all formulae, macro and format information. Print image is not acceptable.

(b) Files in Adobe PDF (Portable Document Format).

(c) Files in HTML (Hypertext Markup Language): HTML documents must not contain active links to live Internet sites or pages. All linked information must be contained within the electronic proposal and be accessible offline.

L.1.6 Reference FAR 15.207(c) for a description of the steps the Government will take with regard to unreadable proposals.

(a) Offerors shall make every effort to ensure that the proposal is virus-free. Proposals (or portions thereof) submitted which reflect the presence of a virus, or which are otherwise rendered unreadable by damage in electronic transit, shall be treated as "unreadable" as described above.

L.1.7 Paper Copies: Paper copies of proposals will not be accepted.

L.1.8 All or None: Offers in response to this solicitation must be submitted for all the requirements identified in the solicitation.

Offers submitted for less than all the requirements called for by this solicitation may be rejected in accordance with M.2 Rejection of

Offers.

L.2 PROPOSAL CONTENT

L.2.1 The Offerors proposal shall be submitted in three separate volumes as set forth below. Unless otherwise specified, it is recommended that the proposal be formatted for 8.5" x 11" paper with a minimum font size of 10 pt. and a minimum of 0.5" margins. A

Proposal Executive Summary is optional. It will neither be considered as part of the volumes required below nor will it be evaluated. If a Proposal Executive Summary is submitted, it must be submitted as a separate volume from the three volumes set forth below and it is recommended to be no more than five pages. The Offerors proposal shall consist of the following volumes:

a. Volume I: Proposal Terms and Conditions (SF1449)

b. Volume II: Technical Factor

c. Volume III: Price Factor

L.2.2 VOLUME I: SOLICITATION

In this Volume, Offerors shall provide the following:

L.2.2.1 A scanned image of the SF 1449 cover page signed by a person authorized to sign proposals on behalf of the Offeror. Blocks 12, 17A, 30A, 30B, and 30C of the SF 1449 must be filled in by Offeror.

L.2.2.2 One copy of this solicitation (Sections A-K) with all clause and other fill-ins within sections A and C-K completed, including

Representations and Certifications in Section K. System for Award Management (SAM) certifications need not be separately submitted;

however, all Offerors must be successfully registered and valid in SAM prior to proposal submission.

L.2.2.3 Organizational Conflict of Interest:

L.2.2.3.1 Offerors shall provide an affirmative statement that the Offeror does not have an Organizational Conflict of Interest as it applies to this solicitation.

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L.2.2.3.2 The provisions of FAR 9.5, Organizational and Consultant Conflicts of Interest (OCI), apply to any award made under this solicitation. Potential Offerors shall review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage.

L.2.2.3.3 Offerors shall disclose any potential OCI situations to the Contracting Officer as soon as they are identified including prior to proposal submission. The disclosure shall include the facts and an analysis of the actual or perceived conflict and recommend an approach(es) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate or obviate the conflict. Mitigation is considered only if it is not practical to negate or obviate the conflict. The Contracting Officer will promptly respond to resolve any potential conflicts.

L.2.2.4 Small Business Subcontracting Plan

L.2.2.4.1 Offerors shall submit a Small Business Subcontracting Plan in accordance with FAR 52.219-9 if the offeror is an Other-Than-

Small-Business (OTSB).

L.2.2.4.2 The Small Business Subcontracting Plan is developed and submitted in accordance with FAR 52.219-9 Alt II and DFARS 252.219-

7003 (or DFARS 252.219-7004 if the Offeror has a comprehensive subcontracting plan), and TACOM clause 52.219-4004 within Section L of this solicitation.

L.3 Volume II: Technical Factor

L.3.1 The Offeror shall provide a substantiating Product Sample Test that clearly demonstrates compliance to an Acceptable level for each of the requirements being evaluated in Attachment 0006 (Product Sample Test Plan) under Section M. It is the Offerors responsibility to ensure that all components identified within Attachment 0006 are easily identifiable by Government personnel (e.g., label components if necessary).

L.3.2 The Offeror shall conduct a production test on a product sample at their facility in the Government's presence. No technical factor documentation is required with the electronic proposal, except as required by L.3.2.1. The Government intends to complete

Product Sample Test events within 90 days after the solicitation closes. However, additional time may be necessary depending on the number of offers received and tests events performed. Production tests will be scheduled no less than 21 calendar days in advance of the test date.

L.3.2.1 The Offeror shall submit the facility location for the Production Test as Volume II of the proposal. Different facilities may be proposed for different dates ranging from 30 to 90 calendar days after solicitation close to allow for EWPS test system availability.

All dates within the 30-90 days, with the exception of weekends and Federal Holidays, must be available for the Government to select for testing.

L.3.3 The Offeror shall provide the Government access to their facility for the duration of the Product Sample Test and for an estimated three hours after the tests conclusion. The offeror shall provide a dedicated private space that is separate from the EWPS production test location and is large enough for its Product Sample Test bottles and ten Government personnel for the duration of the test. This space will be used by the Government to conduct its evaluation of the Product Sample Test bottles. Offerors shall not be present in this space or monitor it by any means during this time.

L.3.4 The Product Sample Test will take place at the Offerors facility of its choosing. The Product Sample Test shall be limited to only those requirements being evaluated by the Government under Section M. Offerors shall have qualified personnel available to conduct the test, operate the system, and make any repairs necessary to the system within the allotted timeframe. As stated herein, in accordance with FAR 52.212-1, the Government does not intend to conduct discussions as defined in FAR 15.306 and any exchanges with offerors will be limited to clarifications. Upon conclusion of the production test and the associated Government activities to evaluate whether the production bottles are determined to be Acceptable/Unacceptable, the event shall be concluded. The Offeror consents to permitting the Government to take pictures and/or videotape the production test to be used for evaluation purposes only. Under no circumstances will the Government provide the results of the evaluation to the Offeror at this event.

L.4 Volume III: Price Factor

L.4.1 The Offeror shall complete and submit Attachment 0007 (Price Evaluation Worksheet) showing the proposed estimated quantities, prices and total amounts for the CLINs listed in the Supplies or Services and Prices/Costs section. Offerors shall not provide any pricing information in the solicitation section Supplies or Services and Prices/Costs.

L.4.2 The Offeror is required to submit data other than certified cost or pricing data, IAW FAR 15.403-3(c), to support the proposed prices, including any offered discounts, established catalog prices, price lists, or other verifiable and established records that are regularly maintained by the vendor and published or otherwise available for customer inspection. The above information is intended to establish the reasonableness of the Offeror's proposed prices.

L.4.3 The Offeror shall provide a unit price for all CLINs and the unit price shall include packaging required in Section D. All prices as well as any data other than certified cost or pricing data provided shall be in US Dollars. Offers received in other than US Dollars

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may be rejected.

L.4.4 CLIN 0016. The Offeror shall provide a price for one First Article Test (FAT) by providing price detail within the Price

Evaluation Worksheet rows 11-17, for the Total First Article Test - Government FAT unit price. This unit price shall also include shipment of the FAT unit from the Offerors facility to the Government test site, and to the final delivery destination.

L.4.5 The Offeror shall provide the information in the attached price evaluation worksheet (Attachment 0007 Price Evaluation Worksheet) on a per unit basis for all CLINs, as specified in the Attachment.

L.4.6 Offerors shall describe the basis for any out-year escalation used in the calculation of the out-year prices.

L.4.7 In addition to the above information, the Government reserves the right, as a clarification under FAR 15.306(a), to request additional or more detailed price breakdown data to support its determination of price reasonableness.

*** END OF NARRATIVE L0001 ***

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SECTION M - EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD

M.1.1 GENERAL The Government plans to award one five year, firm fixed price requirements type contract for the EWPS as a result of this solicitation. The Government reserves the right to make no award as a result of this solicitation.

M.1.2 It is the Governments intent to award one contract as a result of this solicitation. Contract award will be made using a Lowest

Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15.101-2.

M.1.3 Award without Discussions: In accordance with FAR 52.212-1(g), the Government intends to evaluate proposals and award a contract without discussions with Offerors (this excludes clarifications as described in FAR 15.306(a)). Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

M.2 REJECTION OF OFFERS

M.2.1 Offerors must carefully read, understand, and provide all the information requested in Section L. If there are parts of Section L that the Offeror does not understand, the Offeror shall request, in writing, clarification from the Contracting Officer before the closing date of the solicitation. In accordance with FAR 52.212-1, contained in this solicitation, the Government may reject any or all proposals if such action is in the public interest. Examples include, but are not limited to the following:

M.2.1.1 When an Offerors proposal merely offers to perform work according to the solicitation terms or fails to present more than a statement indicating its capability to comply with the solicitation terms and does not provide support and elaboration as specified in

Section L of this solicitation.

M.2.1.2 When an Offerors proposal fails to provide any of the data and information required in Section L.

M.2.1.3 When an Offerors proposal provides some data and information, but omits significant material data and information required in

Section L.

M.2.1.4 When an Offerors proposal merely repeats the Statement of Work (SOW) without elaboration.

M.2.1.5 The Government may reject any Offeror's proposal that offers a product or service that does not meet all stated material requirements of the solicitation.

M.2.1.6 The Government may reject any Offerors proposal that takes exceptions to the attachments, exhibits, enclosures, or other solicitation terms and conditions.

M.2.1.7 The proposal fails to respond to the Price Evaluation Worksheet in accordance with Section L.4 of Volume II Price Factor.

Offers received in other than US Dollars may be rejected.

M.3. EVALUATION PROCESS

M.3.1 Source Selection Authority: The Source Selection Authority (SSA) is the official designated to direct the source selection process and select the Offeror for contract award.

M.3.2 Source Selection Evaluation Board (SSEB): A Source Selection Evaluation Board (SSEB) has been established by the Government to evaluate proposals received in response to this solicitation. The SSEB is comprised of technically qualified individuals who have been selected to conduct this evaluation in accordance with the Evaluation Criteria for this solicitation. Careful and impartial consideration will be given to the evaluation of all proposals received pursuant to this solicitation.

M.3.3 Each proposal will be evaluated to determine a total evaluated price, in accordance with M.5. The technical evaluation will then be conducted in accordance with M.3.3.2 and M.3.3.3. In order to be considered for award, the Offeror's proposal must be rated

Acceptable for 100 percent of the criteria in Section J Attachment 0006 (Product Sample Test Plan). Should the lowest total evaluated priced Offeror's proposal be assessed as Unacceptable under any of the requirements cited in Attachment 0006, it will be determined ineligible for award.

M.3.3.1 Award will be made to the proposal with the lowest total evaluated price which was also rated Acceptable under the Technical

Factor.

M.3.3.2 The Government is only obligated to perform a technical evaluation of the Offeror with the lowest total evaluated price. The

Government is not obligated to perform a technical evaluation on any Offeror that is not the lowest total evaluated price, unless

Offerors with a lower total evaluated price have been determined to be Technically Unacceptable. Accordingly, an Offeror may not be evaluated further if it is not deemed to be the lowest total evaluated price.

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M.3.3.3 The Government reserves the right to perform a technical evaluation of all offers received. Additionally, the Government reserves the right to perform technical evaluations on a geographically-grouped set of Offerors as determined to be in the best interests of the Government to include, but not limited to, travel costs and efficiency of the source selection process. For example, the Government may schedule and perform multiple technical evaluations in a single OCONUS trip. The number of technical evaluations witnessed by the Government does not change the basis of award in M.1.2, and the Government only remains obligated to perform a technical evaluation of the lowest total evaluated price Offeror in order to make a Technical Acceptable/Unacceptable determination.

M.3.4 Determination of Responsibility

M.3.4.1 Determination of Responsibility and Eligibility for Award: Per FAR 9.103, contracts will be placed only with an Offeror that the

Contracting Officer determines to be responsible; that is, a firm who can satisfactorily perform the necessary tasks and deliver the required items on time. Offerors, in order to receive an awarded contract under this solicitation, must be able to demonstrate that they meet the standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the Offeror's financial ability to meet the solicitation requirements. The Government reserves the right to conduct a Pre-Award Survey on any or all Offerors (or its

Subcontractors) to aid the Contracting Officer in the evaluation of each Offeror's proposal and ensure that a selected Offeror is responsible. No award can be made to an Offeror who has been determined not responsible by the Contracting Officer. To ensure that the

Offeror meets the responsibility criteria of FAR 9.104, the Government may:

a. Arrange a visit to the Offerors plant and perform a necessary Pre-Award Survey; or,

b. Ask the Offeror to provide technical, production, quality, and/or financial information.

If the Offeror does not provide the Government with the data as requested within 7 days from receipt of the request, or if the Offeror refuses to have the Government visit its facility, the Contracting Officer may determine the Offeror to be not responsible. If the

Government visits the Offeror's facility, make sure that the Offeror has current data relevant to its proposal available for the

Government team to review.

M.4 VOLUME II: TECHNICAL FACTOR

M.4.1 The technical factor will consist of an evaluation of the Product Sample Test and resultant production bottles, which will be conducted on an Acceptable/Unacceptable basis. The Acceptability/Unacceptability of the Product Sample Test will be based solely on the minimum requirements identified in Attachment 0006. The Government will not evaluate other requirements ATPD 2418 beyond the minimum requirements identified in Attachment 0006. (The Contractor will be responsible for meeting all requirements of ATPD 2418 during performance.) The determination of Acceptable and Unacceptable for each requirement specified in Attachment 0006 will be based on the following definitions:

M.4.1.1 Acceptable: Proposal clearly meets the minimum requirements of the solicitation.

M.4.1.2 Unacceptable: Proposal does not clearly meet the minimum requirements of the solicitation.

M.4.1.3 The Government will witness the Product Sample Test to evaluate whether the Offerors system clearly meets the criteria in

Attachment 0006 (Product Sample Test Plan). In order to be considered for award, the Offeror's proposal must be rated Acceptable for each and every one of the requirements listed in Attachment 0006. Any Offeror's proposal assessed as Unacceptable for any requirement listed in Attachment 0006 will be ineligible

M.5 VOLUME III: PRICE FACTOR

M.5.1 The Price Factor evaluation will consider the total evaluated price proposed to the Government. The total evaluated price will include an assessment of price reasonableness.

M.5.2 Reasonableness exists when the offered price does not exceed what would be incurred by a prudent person in the conduct of competitive business. Price reasonableness will be evaluated using one or more techniques identified in FAR 15.404 to determine if the total price proposed is fair and reasonable toward accomplishing the solicited requirement. The Government may reject a proposal which it considers un-reasonable.

M.5.3 If the offeror fails to provide all the information specified in Section L.4 of the solicitation, it may render its proposal ineligible for award.

M.5.4 Total Evaluated Price Calculation:

M.5.4.1 The Government will evaluate the proposal based on Total Evaluated Price. The Total Evaluated Price is the sum of the proposed firm fixed prices for each of the estimated quantities of all priced contract line item numbers (CLINs) found within the section marked

Supplies or Services and Prices/Costs," Attachment 0007 (Price Evaluation Worksheet) of the solicitation plus the Government Evaluated

Transportation Cost as described in M.5.4.3. If an offeror fails to submit unit prices for all CLINS then its proposal may be

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considered unacceptable and the Government may reject the offerors proposal.

M.5.4.2 The Government will evaluate the Total First Article Test Government FAT (CLIN 0016) in the price evaluation. The price details in the Price Evaluation Worksheet rows 11-17 is for informational purposes, but may be used in accordance with M.5.4.4, if necessary.

M.5.4.3 Costs for transporting EWPS systems from point of inspection to Government destinations will be estimated by the Government and included in the Total Evaluated Price. The normal means of transportation used by the Government for shipment within CONUS is land, and a combination of land and sea for OCONUS locations. Accordingly, for purposes of evaluating offers only these methods will be considered in establishing the cost of transportation between offerors shipping point and destination. The Government reserves the right to use any other means of transportation or any other destination at the time of shipment. The Government does not know the quantity and destination requirements, however for purposes of evaluation, the Government will calculate transportation costs from the contractors plant identified in TACOM clause 52.247-4011 to the following locations:

LOCATION QTY (Ea.)

Herlong, California 2

Livorno, Italy 14

Charleston, South Carolina 2

Doha, Qatar 8

Sagamihara, Japan (Sagami Depot) 3 ______

Total 29

M.5.4.4 Unbalance Pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line item is significantly over or understated as indicated by the application of analysis techniques. Price proposals identified as unbalance may be Offerors are cautioned that a proposal the Government assesses to be unbalanced as to cost, may be either rejected or unacceptable for award.

*** END OF NARRATIVE M0001 ***

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Attachment 0001

W56HZV-15-R-0225