W56HZV18Q0052-0001.pdf
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- Solicitation number
- W56HZV-18-Q-0052
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This document is a presolicitation notice for a federal contract opportunity seeking a Main Body Assembly - Telescope Subassembly. The U.S. Army Contracting Command - Warren intends to issue a solicitation for fifteen units of the telescope subassembly, NSN 1240-01-486-1345. A first article test and phosphate coating test procedure will be required. The procurement is set aside for small businesses. Offerors must be certified under the United States/Canada Joint Certification Program to access the export controlled technical data package, which will be available via a link when the solicitation is released. The notice provides information on registering for the program and requesting access to the technical data.
Amendment 0001 only
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Other files
| File | Type | Posted |
|---|---|---|
| W56HZV18Q0052_Full_Solicitation_with_Amend_0002.pdf | ||
| W56HZV18Q0052-0002.pdf | ||
| W56HZV18Q0052_Full_Solicitation_with_Amend_0001.pdf | ||
| W56HZV18Q0052.pdf |
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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
0001 2019APR03
W56HZV
U.S. ARMY CONTRACTING COMMAND
WARREN, MICHIGAN 48397-5000
DAWN M. HESSELL
EMAIL: DAWN.M.HESSELL.CIV@MAIL.MIL
W56HZV-18-Q-0052
2019MAR05
X
X 2019APR18
/SIGNED/
2 signed
SEE SECOND PAGE FOR DESCRIPTION
1 17
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: DAWN M. HESSELL
Buyer Office Symbol/Telephone Number: CCTA-ALS-E/(586)282-5844
Type of Contract 1: Firm Fixed Price
Kind of Contract: Supply Contracts and Priced Orders
Weapon System: Howitzer, 155MM, M777E1
*** End of Narrative A0000 ***
AMENDMENT 0001:
1. The production quantity is increased from 30 to 65.
The procurement is now a large purchase.
Solicitation closing period is extended.
2. CLIN revisions
CLIN 0001 FAT CLIN may be separately priced if desired. Please add FAT price with CLIN 0001.
CLIN 0002 Quantity is increased.
CLIN 0003 Quantity is increased from 30 to 65. Delivery schedule is revised.
3. The following clause is deleted:
52.213-4 "Terms and Conditions Simplified Acquisitions Other than Commercial Items"
4. The following clauses are added:
52.249-1 "Termination for Convenience of the Government Fixed Price Short Form"
52.211-17 "Delivery of Excess Quantities"
52.232-39 "Unenforceability of Unauthorized Obligations"
52.222-19 "Child Labor -- Cooperation with Authorities and Remedies"
52.222-21 "Prohibition of Segregated Facilities"
52.222-26 "Equal Opportunity"
52.222-35 "Equal Opportunity for Veterans"
52.222-36 "Equal Opportunity for Workers with Disabilities"
52.222-37 "Employment Reports on Special Disabled Veterans, Vets of the Vietnam Era, and Other Eli"
52.225-13 "Restrictions on Certain Foreign Purchases Jun 2008
52.232-1 "Payments"
52.232-8 "Discounts for Prompt Payments"
52.232-25 "Prompt Payment"
52.233-3 "Protest After Award"
52.233-4 "Applicable Law for Breach of Contract Claim"
52.242-13 "Bankruptcy"
52.247-63 "Preference for U.S. Flag Air Carriers"
52.249-2 "Termination for Convenience Fixed Price"
52.252-2 "Clauses Incorporated by Reference"
52.253-1 "Computer Generated Forms"
252.203-7001 "Prohibition on Persons Convicted Of Fraud or Other Defense Contract-Related Felonies"
252.209-7004 "Subcontracting with Firms That Are Owned or Controlled by the Gov of Terrorist Country"
252.226-7001 "Utilization of Indian Organ, Indian-Owned Economic Enterp, and Native Hawaiian SB"
252.243-7002 "Requests for Equitable Adjustment"
52.215-14 "Integrity of Unit Prices"
52.222-20 "Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000"
52.222-50 "Combating Trafficking in Persons"
52.222-54 "Employment Eligibility Verification"
52.222-40 "Notification of Employee Rights Under the National Labor Relations Act"
52.227-2 "Notice and Assistance Regarding Patent and Copyright Infringement"
52.229-3 "Federal, State, and Local Taxes"
52.223-6 "Drug-Free Workplace"
52.232-17 "Interest"
52.232-33 "Payment by Electronic Funds Transfer System for Award Management"
52.244-5 "Competition in Subcontracting"
252.225-7012 "Preference for Certain Domestic Commodities"
252.225-7013 "Duty-Free Entry"
252.225-7015 "Restriction on Acquisition of Hand or Measuring Tools"
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W56HZV-18-Q-0052
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
52.244-6 "Subcontracts for Commercial Items"
52.204-10 "Reporting Executive Compensation and First-Tier Subcontract Awards"
52.209-9 "Updates of Publicly Available Information Regarding Responsibility Matters"
252.225-7007 "Prohibition on Acquisition of United States Munitions List"
52.233-2 "Service of Protest"
52.216-1 "Type of Contract"
52.209-7 "Information Regarding Responsibility Matters"
52.209-13 "Violation of Army Control Treaties or Agreements Certification"
252.225-7008 "Restriction on Acquisition of Specialty Metals"
252.225-7009 "Restriction on Acquisition of Certain Articles Containing Specialty Metals"
252.225-7007 "Prohibition on Acquisition of United States Munitions List"
52.233-1 "Disputes"
52.202-1 "Definitions"
52.203-3 "Gratuities"
52.203-5 "Covenant Against Contingent Fees"
52.203-6 "Restrictions on Subcontractor Sales to the Government"
52.203-7 "Anti-Kickback Procedures"
52.203-8 "Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity"
52.203-10 "Price or Fee Adjustment for Illegal or Improper Activity"
52.203-12 "Limitation on Payments to Influence Certain Federal Transactions"
52.204-4 "Printed or Copied Double-Sided on Postconsumer Fiber Content Paper"
52.247-34 "FOB Destination"
5. The following clause is revised.
52.211-8 "Time of Delivery"
6. All other terms and conditions remain unchanged
SOLICITATION NARRATIVE:
NSN: 1240-01-486-1345
p/n 12961438
Main Body Assembly for Telescope Subassembly
The Main Body Assembly consists of castings, machined parts, optical glass, standard fasteners, components from suggested sources of supply, components from approved sources of supply.
Quantity: 65
Option: 100%, 365 days
Procurement is 100% Small Business Set-aside
FOB: Destination
First Article Test (FAT) is required
Phosphate Coating Test Procedure is required
Higher Level Contract Quality Requirement - QMS Requirements: ISO 9001:2015 (21 Oct 2015) or equivalent is required.
Please read through this solicitation. There are several clauses and provisions throughout this solicitation that require information to be filled-in. Sign, scan, and upload the solicitation to FBO.
Technical Data Package EXPORT CONTROLLED, Distribution C.
Joint Certification Program (EXPORT CONTROL)
You must be certified under the United States/Canada Joint Certification Program (JCP) (https://www.dlis.dla.mil/jcp/ ) to be granted access to the technical data (TDP) for this solicitation, via FBO ("http://www.fbo.gov "). To register, or to re-register, please ______________________ select the DD Form 2345 link (https://www.dlis.dla.mil/jcp/forms/DD2345Form.pdf ) and submit the form to the U.S./Canada Joint
Certification Office, along with a copy of the company's State/Provincial License, Incorporation Certificate, Sales Tax Identification
Form or other documentation which verifies the legitimacy of the company. See the instructions at https://www.dlis.dla.mil/jcp/forms/InstructionsDDform2345.pdf . Mail the DD Form 2345 to the address is provided on form; it CANNOT be faxed or emailed. The process should take no more than one week for you to be certified or denied for approval under the JCP. If you
3 17
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
encounter problems, please contact JCP at 1-877-352-2255 or via email at "mailto:dlacontactcenter@dla.mil " . Your firm must request ____________________________________ access to the TDP in FedBizOpps (www.fbo.gov ) in addition to submitting the above form in order to be granted access to the TDP. Once these requirements have successfully been completed, you will be granted access to the TDP. If you do not have access to FedBizOpps, recommend you register as soon as possible.
*** END OF NARRATIVE A0001 ***
SECTION A PROVISIONS
DISTRIBUTION AND DESTRUCTION OF EXPORT CONTROL TECHNICAL DATA PACKAGE AS7227
(a) This solicitation and resulting contract contains technical data whose export is restricted by the Arms Export Control Act (Title
22, U.S.C., Sec 2751, et. seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.
This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.
(b) To be eligible to gain access to this export controlled TDP (via FedBizOpps) an offeror must have a current DD 2345, Militarily
Critical Technical Data Agreement certification on file with the Defense Logistics Information Service (DLIS). To obtain certification, go to <"http://www.dlis.dla.mil/jcp/ ">, click on documents, and follow instructions provided. Processing time is estimated at six (6) to ten (10) weeks after receipt. FBO will allow access to export controlled TDPs once certification is confirmed. Upon receipt of certification, an offeror may request the TDP in accordance with the instructions stated in the solicitation's Section C.
(c) Upon completion of the purposes for which Government Technical Data has been provided, the offeror, and all subcontractors, vendors, and sub-vendors of the offeror, are required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed.
(d) Destruction of this technical data shall be accomplished by shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.
Electronic Contracting AS6311
(a) All Army Contracting Command Warren solicitations will be publicized on the Federal Business Opportunities website
(https://www.fbo.gov ). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.
(b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal via the Federal Business Opportunities (FBO) system. Proposals or quotes submitted after this date using any other mechanism, including the Army Single Face to Industry Bid Response System (ASFI BRS) may be deemed non-responsive.
(c) Requirements for the online FBO bid submission:
(1) Vendors must log into the FBO System to be able to submit electronic responses for opportunities.
(2) Vendors must be registered in the System for Award Management (SAM) at www.sam.gov (a Federal Government owned and operated free web site) and have a CAGE Code and CCR Marketing Partner Identification Number (MPIN).
(3) Once logged into the FBO System, vendors will be asked to enter basic information and directed to upload one or more files containing the proposal/quote and any additional information as outlined in the solicitation.
(4) FBO will send an email to vendors registered email address confirming the electronic submission.
(5) For additional information on submitting electronic bid responses via the FBO system see the FBO Vendor Guide Section 4.3.1
Submitting an Electronic Response (https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf ).
4 17
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Note to offerors:
(d) Please pay close attention to the Issued By block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.
(e) It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the
Government infrastructure (in this case, received through FBO) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.
Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.
(f) Solicitations may remain posted on the FBO after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.
(g) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Governments intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the
Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.
(h) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the
Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center.
ACKNOWLEDGEMENT OF AMENDMENTS AS7001
Acknowledge all the amendments received from the Government by identifying the amendment number and its issue date below:
Amendment Number: Date:
0001 ___________ __________________
ARMY CONTRACTING COMMAND WARREN (DTA) OMBUDSPERSON AS7040
Information regarding the Ombudsperson for this contract is located at the following website:
http://acc.army.mil/contractingcenters/acc-wrn/CompMgmtOffice.html
ALL OR NONE AS7316
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Offers in response to this solicitation must be submitted for the total quantity of the items identified in the solicitation.
(1) ONLY ONE AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION.
(2) OFFERS SUBMITTED FOR LESS THAN THE TOTAL QUANTITIES OF ALL THE ITEMS IN THIS SOLICITATION WILL BE DEEMED NONRESPONSIVE.
*** END OF NARRATIVE A0002 ***
6 17
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
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 TELESCOPE SUBASSEMBLY
NSN: 1240-01-486-1345
A FIRST ARTICLE TEST REPORT IS REQUIRED IN
ACCORDANCE WITH THE CLAUSE ENTITLED "FIRST ARTICLE
APPROVAL - CONTRACTOR TESTING," FAR 52.209-3 AND
CDRL A002.
FIRST ARTICLE TEST MAY BE SEPARATELY PRICED IF DESIRED.
PLEASE INCLUDE PRICE HERE.
(End of narrative B001)
0001AA FIRST ARTICLE TEST 5 EA $ ** NSP ** $ ** NSP ** ______________________ ______________ __________________
COMMODITY NAME: TELESCOPE SUBASSEMBLY
CLIN CONTRACT TYPE:
Firm Fixed Price
Packaging and Marking _____________________
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
Government Approval/Disapproval Days: 30
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
001 3
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 5 0230
FOB POINT: Destination
SHIP TO:
(Y00006) SEE FIRST ARTICLE TEST CLAUSE
FOR DISTRIBUTION
7 17
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
0002 TELESCOPE SUBASSEMB
NSN: 1240-01-486-1345
Mfr CAGE: 19200
Mfr Part Number: 12961438
Approval of Phosphate Coating Procedure (CDRL A001) is required before Production. Approval of First Article
Test and First Article Test Report (CDRL A002) is required before Production.
Inspection/Acceptance at origin means that you MUST contact the DCMA to arrange for a Government inspection BEFORE you ship the supplies called out in this order. Failure to have the items inspected and accepted will result in their rejection at the destination. The rejected supplies will be returned to you at your expense.
(End of narrative B001)
0002AA PRODUCTION QUANTITY 65 EA $ $ ____________________ ______________ __________________
COMMODITY NAME: TELESCOPE SUBASSEMB
CLIN CONTRACT TYPE:
Firm Fixed Price
PRON: EH8E1423EH PRON AMD: 04
AMS CD: SM2B1100000
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE PACKAGING CLAUSE
LEVEL PRESERVATION: Military
LEVEL PACKING: B
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
001 W52H098191Z328 W562RP J 2
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 5 0290
002 15 0450
003 15 0480
004 15 0510
005 15 0540
8 17
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
FOB POINT: Destination
SHIP TO:
(W562RP) SR ARMY GENERAL SUPPLY LMP STOCK RE
CENTRAL RECEIVING POINT
7 FRANKFORD AVE BLDG 362
ANNISTON,AL,36201-4199
9 17
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
0003 UNEXERCISED OPTION QUANTITY 65 EA $ $ ___________________________ ______________ __________________
NSN: 1240-01-486-1345
COMMODITY NAME: TELESCOPE SUBASSEMB
CLIN CONTRACT TYPE:
Firm Fixed Price
Mfr CAGE: 19200
Mfr Part Number: 12961438
PRON: EH8E1423EH PRON AMD: 04
AMS CD: SM2B1100000
OPTION QUANTITY, PURSUANT TO THE CLAUSE
ENTITLED OPTION FOR INCREASED QUANTITY---
SEPARATELY PRICED LINE ITEM (FAR 52.217-7).
The quantity stated for the option CLIN DOES
NOT Form a part of the basic contractual quantity. Part or all of it may, however, be added to the contract by exercise of the option clause, at the discretion of the
Government.
The failure of the offeror to insert a unit price applicable to the option quantity shall mean that the offeror will supply all or any part of the option, if exercised by the
Government, at the basic contract unit price, and the offer will be evaluated for award accordingly.
Inspection/Acceptance at origin means that you MUST contact the DCMA to arrange for a Government inspection BEFORE you ship the supplies called out in this order. Failure to have the items inspected and accepted will result in their rejection at the destination. The rejected supplies will be returned to you at your expense.
(End of narrative B001)
Description/Specs./Work Statement _________________________________
TOP DRAWING NR: 12961438:19200
DATE: 24-JUL-2018
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
SEE PACKAGING CLAUSE & SPI
LEVEL PRESERVATION: Military
LEVEL PACKING: B
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
10 17
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
001 W52H098191Z328 W562RP J 2
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 15 0240
002 15 0270
003 15 0300
004 15 0330
005 5 0360
FOB POINT: Destination
SHIP TO:
(W562RP) SR ARMY GENERAL SUPPLY LMP STOCK RE
DLA DISTRIBUTION ANNISTON
7 FRANKFORD AVE 362
ANNISTON,AL,36201-4199
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DELIVERIES OR PERFORMANCE
Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________
1 ADDED 52.211-17 DELIVERY OF EXCESS QUANTITIES SEP/1989
2 ADDED 52.247-34 F.O.B. DESTINATION NOV/1991
3 CHANGED 52.211-8 TIME OF DELIVERY JUN/1997
(a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
ITEM NO. QUANTITY # of DAYS___________________________________________________________________________________________________
A001 Phosphate Procedure 1 60 Days after contract award
CLIN 0001 First Article Test 5 230 Days after contract award
A002 FAT Report 1 15 Days after FAT approval
0002 Production see schedule 190 days after FAT approval and then every 30 days
0003 Option see schedule 240 days after Option exercise and then every 30 days
ACCELERATED DELIVERY IS ACCEPTABLE AT NO ADDITIONAL COST TO THE GOVERNMENT
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.
OFFERORS PROPOSED DELIVERY SCHEDULE
ITEM NO. DESCRIPTION QUANTITY # of DAYS_________________________ _____________________________________________________________________________________
A001 Phosphate Procedure 1 _____ Days after contract award
CLIN 0001 First Article Test 5 _____ Days after contract award
A002 FAT Report 1 _____ Days after FAT approval
CLIN 0002 Production ______ _____ days after FAT approval
CLIN 0003 Option ______ _____ days after Option exercise
ACCELERATED DELIVERY IS ACCEPTABLE AT NO ADDITIONAL COST TO THE GOVERNMENT
(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
Contractors 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)
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
4 ADDED 52.202-1 DEFINITIONS NOV/2013
5 ADDED 52.203-3 GRATUITIES APR/1984
6 ADDED 52.203-5 COVENANT AGAINST CONTINGENT FEES MAY/2014
7 ADDED 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT SEP/2006
8 ADDED 52.203-7 ANTI-KICKBACK PROCEDURES MAY/2014
9 ADDED 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR MAY/2014
IMPROPER ACTIVITY
10 ADDED 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY/2014
11 ADDED 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT/2010
12 ADDED 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011
13 ADDED 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS OCT/2018
14 ADDED 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY OCT/2018
MATTERS
15 ADDED 52.215-14 INTEGRITY OF UNIT PRICES OCT/2010
16 ADDED 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES JAN/2018
17 ADDED 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING MAY/2014
$15,000
18 ADDED 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR/2015
19 ADDED 52.222-26 EQUAL OPPORTUNITY SEP/2016
20 ADDED 52.222-37 EMPLOYMENT REPORTS ON VETERANS FEB/2016
21 ADDED 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS DEC/2010
ACT
22 ADDED 52.222-50 COMBATING TRAFFICKING IN PERSONS JAN/2019
23 ADDED 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT/2015
24 ADDED 52.223-6 DRUG-FREE WORKPLACE MAY/2001
25 ADDED 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN/2008
26 ADDED 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT DEC/2007
27 ADDED 52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB/2013
28 ADDED 52.232-1 PAYMENTS APR/1984
29 ADDED 52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB/2002
30 ADDED 52.232-11 EXTRAS APR/1984
31 ADDED 52.232-17 INTEREST MAY/2014
32 ADDED 52.232-25 PROMPT PAYMENT JAN/2017
33 ADDED 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT OCT/2018
34 ADDED 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013
35 ADDED 52.233-1 DISPUTES MAY/2014
36 ADDED 52.233-3 PROTEST AFTER AWARD AUG/1996
37 ADDED 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004
38 ADDED 52.242-13 BANKRUPTCY JUL/1995
39 ADDED 52.244-5 COMPETITION IN SUBCONTRACTING DEC/1996
40 ADDED 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN/2019
41 ADDED 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS JUN/2003
42 ADDED 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT APR/1984
FORM)
43 ADDED 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) APR/2012
44 ADDED 52.253-1 COMPUTER GENERATED FORMS JAN/1991
45 ADDED 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT- DEC/2008
RELATED FELONIES
46 ADDED 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE OCT/2015
GOVERNMENT OF A TERRORIST COUNTRY
47 ADDED 252.225-7007 PROHIBITION ON ACQUISITION OF CERTAIN ITEMS FROM COMMUNIST CHINESE DEC/2018
MILITARY COMPANIES
48 ADDED 252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS MAR/2013
49 ADDED 252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY OCT/2014
METALS
50 ADDED 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC/2017
51 ADDED 252.225-7013 DUTY-FREE ENTRY MAY/2016
52 ADDED 252.225-7015 RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS JUN/2005
53 ADDED 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC SEP/2004
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
54 ADDED 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012
55 DELETED 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL JAN/2019
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ITEMS)
56 ADDED 52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCT/2015
(a) Definitions. As used in this clause--
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran,"
"qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the
Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract
Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
57 ADDED 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUL/2014
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of
Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
58 ADDED 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB/1998
This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address:
http://farsite.hill.af.mil/ or https://www.acquisition.gov/
(End of Clause)
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REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
59 ADDED 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCT/2018
(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, which can be accessed via https://www.sam.gov .
(End of provision)
60 ADDED 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION JUN/2018
(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
____ (1) The Offeror certifies that--
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(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the
President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22
U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/ ; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament
Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/ ; or
____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the
Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the
Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless--
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the
United States has--
(i) Waived application under U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22
U.S.C.2593e(b).
(e) Remedies. The certification in paragraph (b)(1) 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 submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
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(End of provision)
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
61 CHANGED 52.216-1 TYPE OF CONTRACT APR/1984
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation. _________________
(End of Provision)
62 CHANGED 52.233-2 SERVICE OF PROTEST SEP/2006
(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:
TACOM LCMC
ATTN: CCTA (Army Contracting Command Warren - Protest Coordinator, Mail Stop 315
6501 E. 11 Mile Road
Warren, MI 48397-5000
(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)
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