Issued_W56HZV-19-R-L697.docx

Combined Synopsis and Solicitation

W56HZV-19-R-L697

I. INTRODUCTION

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

B. The combined Synopsis and Request for Proposal (RFP) number is:

W56HZV-19-R-L697

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-06 (10 September 2019).

D. Small Business Set-Aside: N/A

E. The NAICS code applicable to this acquisition is 334519 with a size standard of 500 employees. Offeror must be certified under this NAICS code prior to receiving an award. This solicitation will result in only one (1) award.

F. Posting Date: September 17, 2019

G. Response Date: 3:00 p.m. local time (Warren, MI), September 23, 2019

H. Contracting Office:

Army Contracting Command - Warren (ACC-WRN) 6501 E. Eleven Mile, Warren, MI 48397-5000.

I. Points of Contact: Michael Gross, Contract Specialist, michael.e.gross28.civ@mail.mil

J. This Combined Synopsis / Solicitation contains clauses and provisions requiring a fill-in or representation. Offeror shall submit a copy of this Combined Synopsis / Solicitation with their quote and respond to these clauses and provisions accordingly. A failure to complete these fill-ins may cause your offer to be determined ineligible for award.

K. Basis for award- The proposed contract action is for supplies for which the Government intends to solicit and award to the lowest price. Interested persons may identify their interest and capability to respond to the requirement or submit proposals before the closing date of this solicitation. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

II. GENERAL REQUIREMENT

The U.S. Army Combat Capabilities Development Command (CCDC) Ground Vehicle Systems Center (GVSC) in Warren, Michigan proposes to purchase Fatigue and Tensile Capability Improvement Testing Equipment under Contract Line Item (CLIN) 0001 through this solicitation as follows:

Includes installation, calibration, and training. See the Scope of Work and Specifications List below.

FFP

FOB: Destination

Salient Characteristics (minimum) – The Fatigue and Tensile Testing Equipment shall include the parts and features as outlined on the Specifications below (NOTE: proposed products that do not include all of these parts and features will be deemed “Technically Insufficient” and will not be considered for award).

A. DELIVERY AND ACCEPTANCE INFORMATION:

1. Offeror shall include all shipping charges and ship supplies F.O.B. Destination to the following address:

MATERIALS DIVISION IAN TOPPLER

6501 EAST 11 MILE ROAD RDTA-EN/ME/267 WARREN MI 48397-5000

2. Delivery is 180 days from date of award.

3. Inspection and acceptance of the supplies shall be in accordance with FAR 52.246-2 inspection of Supplies – Fixed Price.

B. PACKAGING AND MARKING:

1. All data and hardware items deliverable under this contract shall be packaged and packed in accordance with good commercial practice. This shall be adequate to ensure arrival at destination without damage or loss.

2. All materials or their containers delivered under this contract shall be marked or tagged in the following manner:

ii. the prime contract number,

iii. the name and address or the prime contractor, and

iv. the identification of the materials or items

C. SUBMITTAL INSTRUCTIONS:

Quotes must be received by ACC-WRN no later than 3:00 p.m. local (MI) time, September 23, 2019. Offeror must be registered in System for Award Management (SAM) prior to receiving an award. Refer to website https://www.sam.gov/portal/public/SAM/.

Submit all quotes to Michael Gross, Contract Specialist, michael.e.gross28.civ@mail.mil

D. SCOPE OF WORK

1. Tasks. The contractor shall provide a fatigue and tensile testing capability improvement system as described in the Scope of Work and Salient Characteristics List provided below. The contractor shall be responsible to deliver the fatigue and tension testing system to the CCDC GVSC, install and calibrate the system to ISO 17025 requirements, run through general maintenance of the equipment, and provide on-site system training to GVSC personnel.

2. Deliverables. The contractor shall deliver a 250kN Fatigue Tester, 500 kN tension tester, and corresponding components that have been fully inspected, fully calibrated, and set up completely.

3. Security Requirements. At all times the vendor will be accompanied by a GVSC employee and will not be reviewing, handling, or in contact with any classified, sensitive, or FOUO information or materials. The vendor personnel will not have a security clearance and will not need one. The vendor personnel will not need a CAC card or any access to computer networks (NIPR or DREN). The vendor will be working on a standalone laptop that was configured specifically for this application, which will not contain any classified, sensitive, or FOUO information on it. The vendor personnel will only require a 3 day pass to access the Detroit Arsenal. The vendor personnel shall be a US citizen.

Access and General Protection/Security Policy and Procedures

The contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Security office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the change clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

Section SF 1449 - CONTINUATION SHEET

SPECIFICATIONS

Fatigue Testing Requirements:

1. 250kN Axial Servo hydraulic Fatigue Testing System w/ Extended height frame

2. System must allow for compression platens and CT grips to be installed without removal of hydraulic grips

3. Must come with a fatigue testing capability and software capable of running test specimens from ASTM E466-15, ASTM E606-12, ASTM E1820

a. Capable of monitoring trends (max, min, etc.)

b. Amplitude control of cyclic waveform

c. Supports multiple waveforms

d. Mixed mode controls on waveforms

e. Auto balance of extensometers and position channels during and before testing

f. Real time graphing

g. Data logging and storage

h. Crack propagation data acquisition

i. Fracture toughness for KlC testing

4. Two 40 (+2/-2) I/min (10 gpm) servo valves

5. Hydraulic Pump with greater than 75.7 I/min (20 gpm) flow (Variable displacement pump) (digital display of pressure and oil temperature)

6. Pump reservoir 200 or greater

7. System is water cooled

8. PC - Windows 7 Professional or 10 Professional

a. 8GB DDR3 RAM

b. Intel Core i7 Processor 4770 (3.4 GHz, 8 MB)

c. 500GB (7200 rpm) SATA Hard Drive

9. 250kN Fatigue grips capable of holding flat and round samples

a. System must allow for compression platens and CT grips to be installed without removal of hydraulic grips

b. Capable of operating in temperature controlled chamber

c. Flat jaw sets for specimens 1 mm to 32 mm

d. Vee jaw sets covering the range from 0.25 inch to 1.03 inches

e. Hydraulic grip controller and manifold

f. Crack opening Displacement Gauge with gauge length capability of 5 mm

g. Compression Platens rated for 500 kN

10. Extensometers

a. Capable of direct strain measurements and closed loop strain control

b. Functional for tensile , compression , and fatigue testing

c. Gauge lengths using 1 or more extensometers to approximately cover ½ inch, 1 inch, and

1.5 inches.

d. Capable of use in temperature controlled chambers

11. Training

a. shall include on-site training for up to 4 personnel

12. Displacement sensor for Platens

a. Must come with fixture , sensor , and actuator stroke verification

600 kN Servoelectric Tensile Testing Frame Requirements:

1. The force capacity of the frame must be at a minimum 600 kN

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2. Capable of performing tensile, compression testing, shear, flexure, and bend tests.

3. 500 kN Tensile grips to support ASTM E8 tensile specimens with gauge lengths of 8 inches or more

a. Flat Faced Jaws ranging from 1 mm to 26 mm (if multiple sets are required to fit this range it is acceptable)

b. Vee jaw faces ranging from 5 to 13 mm

c. Grip controller and hydraulic power supply

4. 600kn platens for such testing as ASTM E9 compression testing

5. System must have capability to support bend fixtures used in ASTM E 190 and E290 bend testing. (Bend fixtures themselves are NOT to be included in this bid)

6. Extensometers

a. Capable of direct strain measurements and closed loop strain control

b. Functional for tensile, compression, and fatigue testing

c. Gauge lengths using 1 or more extensometers to approximately cover ½ inch, 1 inch ,and

1.5 inches

7. Testing software must be included

8. Supporting Computer and monitor must be included

9. System must be capable of supporting video extensometer. (video extensometer is NOT to be included in this bid)

10. Onsite training

Must include system installation, system parameter verification, warranty, and training

LOCAL NARRATIVES BY SECTION A. SOLICITATION/CONTRACT FORM

A._ Electronic Contracting

(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:

(l) 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 vendor's registered email address confirming the electronic submission on.

(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). 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 Government's 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.

A. ACKNOWLEDGEMENT OF AMENDMENTS

Acknowledge all the amendments received from the Government by identifying the amendment number and its issue date below:

Amendment Number:

A._ ARMY CONTRACTING COMMAND - WARREN (DTA) OMBUDSPERSON

Information regarding the Ombudsperson for this contract is located at the following website: http://ace.army.millcontractingcenters/acc-wrn/CompMgmtOffice.html

*** A._ ALL OR NONE-COMMERCIAL ITEM ACQUISITION

(a) This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS. Paragraph (h) is modified to say that the proposal or quote must offer to provide the total quantity of the items in this solicitation.

(b) Only one award will be made as a result of this solicitation. Offers submitted for less than the total quantities of all the items in this solicitation will NOT be considered for award.

A._ NOTICE OF ELEVATED THREAT LEVEL FORCE PROTECTION CONDITION (FPCON)

Contractor is hereby notified that there is a potential impact on contractor performance on during increased FPCON during periods of increased threat. During FPCONs Charlie and Delta, services may be discontinue d / postponed due to higher threat. Services will resume when FPCON level is reduced to level Bravo or lower.

A._NOTICE OF RANDOM ANTITERRORISM MEASURES PROGRAM (RAMP)

In accordance with AR 525-13, Contractor personnel working on an Army installation, arsenal, base or other DoD facility (owned or leased by DoD/Department of the Army), are subject to participation in Installation RAMP security program (e.g. vehicles searches, wearing of ID badges, etc.).

C. DESCRIPTION/SPECIFICATIONS

C._ ANTI-TERRORISM (AT) LEVEL I TRAINING REQUIREMENT

All contractor employees , including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 30*** calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each contractor employee and subcontractor employee requiring access to Army installations, facilities, or controlled access areas to the COR (or to the contracting officer, if a COR is not assigned) within 30*** calendar days after completion of training. AT Level I awareness training is available at https://jkodirect.jten.mil Course #JS-US007-14.

C. ACCESS TO THE DETROIT ARSENAL; IDENTIFYING CONTRACTOR EMPLOYEES; NON DISCLOSURE STATEMENT

(a) APPLICABILITY. This requirement is only applicable to contractor employees working at, or visiting, Detroit Arsenal. The term “contractor employee" includes employees, agents, or representatives and all employees, agents, or representatives and all employees, agents or representatives of all subcontractors, suppliers and consultants.

(1) DETROIT ARSENAL ACCESS.

All contractor personnel entering the installation and requiring unescorted access must have a valid purpose to enter and be sponsored by a U.S. government organization or a contractor providing support on the installation.

They must have their identity proofed and vetted through the National Crime Information Center (NCIC) database, and be issued, or in possession of an authorized and valid access credential from the Detroit Arsenal installation. At the discretion of the Senior Commander, U.S. Army Garrison Detroit Arsenal, any individual known to have a criminal background involving violence or meets the disqualifying standards in the Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12 (31 Jul 2008), may be denied access to the Detroit Arsenal. Fingerprinting of employees and any other security procedures deemed necessary for the security of Detroit Arsenal (vehicle searches or x-raying packages, bags, briefcases) may be required based on the Force Protection Condition level at the time of access and whether the installation or building location is identified as a Restricted Area or Mission Essential Vulnerable Area (MEYA).

(2) BADGES/PASSES.

(a) Contractor employees entering the Detroit Arsenal are responsible for obtaining, and then returning, security identification badges/passes and vehicle registration decals /passes. Badges are valid only for the date spans indicated, by the government, on each badge application form (STA Form 17).

(i) Obtaining Badges. Government sponsor must prepare and submit a properly completed STA Form 17 (Visitor Notification and/or Temporary Security Identification Badge Application) to the Detroit Arsenal Visitor Control Center not less than 96 hours prior to scheduled visit.

(ii) Returning Badges. The government sponsor is responsible to ensure the security identification badges are returned to the Visitor Control Center, Bldg. 232, upon expiration or termination of the contract relationship with the contract employee. Failure to comply with the requirements in this paragraph may be grounds for withholding any funds due the contractor until completion of the requirement, notwithstanding any other clause or requirements in the contract. Failure to comply may also be taken into account by the government in evaluating the contractor's past performance on future acquisitions.

Badge Guidance.

(b) All contractor employees, while on the premises at the Detroit Arsenal, shall continually wear the badge, which shall be visible at all times between the neck and waist of the individual. Badges will be secured from public view when off post and will not be left in privately owned or contractor vehicles unattended. Stolen or lost badges will be promptly reported to DES, USAG Detroit.

(c) The identification badge or pass issued to contractor employee(s) is for their own use only. Misuse of badge or pass, such as permitting others to use it can result in criminal charges under Title 18 USC 499 and 701, and barring the employee from the Detroit Arsenal property.

(d) If the contractor obtains a new or follow-on contract that again requires physical access to the Detroit Arsenal property, he shall obtain new badges for his employees, indicating the new or follow-on contract number. The security policies described in this clause apply to any contractor employee on base in connection with any contract with TACOM-Warren.

(3) MEETING ATTENDANCE. Any contractor employee attending meetings with Government employees within or outside the Detroit Arsenal boundaries, shall, at the beginning of the meeting, announce that he/she is a contractor employee. He/she must state the Contractor's name and address, and state the name of all other companies or persons that (a) currently employ him, or (b) that he currently represents. In addition, for the duration of the meetings, the contractor employee shall wear a second visible badge that displays the contractor's company name.

(4) CLASSIFIED ACCESS. If a visiting contractor is working on a classified contract, his /her visit request, with security clearance information, must be sent to the 0 2, TACOM LCMC (SMO Code W4GGAA * or W4GGAA5, AMSTA-CSS, Office Phone 586-282-6262, Fax 586-282-6362) and their sponsoring activity. Government employees hosting meetings will verify contractor employee' s security clearance information with their supporting Security Coordinator or 0 2, TACOM LCMC using JPAS or the TACOM LCMC Access Roster prior to providing contractor access to classified information based on the approved DD254.

(5) REGULATORY COMPLIANCE. All contractor employees working on the U.S. Army installation, Detroit Arsenal, in the State of Michigan, in connection with this contract, shall conform to all applicable federal or state laws, and published rules and regulations of the Departments of Defense and Army. Also, they must comply with any existing applicable regulations promulgated by Detroit Arsenal, TACOM LCMC, or the Senior Commander. Additionally, all contractor employees working on classified contracts shall comply with the requirement s of the National Industrial Security Program (NISPOM) and Army Regulation 380-5, Department of the Army Information Security Program and their approved DD254.

(6) NON-DISCLOSURE AGREEMENT. Each contractor employee working at the Detroit Arsenal property under this contract shall sig n a Non-dis closure Agreement on their company's letterhead prior to commencing work under the contract or obtaining the badges permitting access to the property. There will be one Non-disclosure Agreement for each employee. The Non-disclosure Agreement shall be in the format indicated below. A copy of the agreement will be made a part of the contract file.

FORMAT FOR NON-DISCLOSURE AGREEMENT

I, , an employee of , a Contractor providing support services/supplies to Detroit Arsenal, T ACOM LCMC, or other tenant organizations (hereinafter Detroit Arsenal) , and likely to have access to nonpublic information (hereinafter RECIPIENT) , under contract number , agree to and promise the following:

WHEREAS RECEIPIENT is engaged in delivery support services to Detroit Arsenal under contract; and WHEREAS, It is the intention of Detroit Arsenal to protect and prevent unauthorized access to and disclosure of nonpublic information to anyone other than employee s of the United States Government who have a need to know; and, WHEREAS , Detroit Arsenal acknowledge s that RECIPIENT will from time to time have or require access to such nonpublic information in the course of delivering the contract service s; and, WHE REAS, RECIPIENT may be given or other have access to nonpublic information while providing such services; and, WHE REAS, "nonpublic information" includes, but is not limited to such information as:

Proprietary information (e.g., information submitted by a contractor marked as proprietary. However please note: THIS NON-DISCLOSURE STATEMENT IS NOT SUFFICIENT TO ALLOW CONTRACTORS ' ACCESS TO

ANOTHER CONTRACTOR ' S PROPRIETARY INFORMATION. FOR THAT, A SEPARATE CONTRACTOR TO CONTRACTOR AGREEMENT IS REQUIRED.);

Advanced procurement information (e.g., future requirements, statements of work, and acquisition strategies);

Source selection information (SSI) (e.g., bids before made public, source selection plans, and rankings of proposals) (PLEASE NOTE: THIS AGREEMENT ALONE DOES NOT AUTHORIZE ACCESS TO SSI--ONL Y PCO OR SOURCE SELECTION AUTHORITY CAN AUTHORIZE SUCH ACCESS.);

Trade secrets and other confidential business information (e.g., confidential business information submitted by the contractor);

Attorney work product;

Information protected by the Privacy Act (e.g., social security numbers, home addresses and telephone numbers); and

Other sensitive information that would not be released by Detroit Arsenal under the Freedom of Information Act (e.g., program, planning and budgeting system information);

NOW THEREFORE, RECIPIENT agrees to and promises as follows:

RECIPIENT shall not seek access to nonpublic information beyond what is required for the performance of the support services contract;

RECIPIENT will ensure that his or her status as a contractor employee is known when seeking access to and receiving such nonpublic information of Government employees;

As to any nonpublic information to which RECIPIENT has or is given access, RECIPIENT shall not use or disclose such information for any purpose other than providing the contract support services, and will not use or disclose the information to any unauthorized person or entity for personal, commercial, or any unauthorized purposes; and

If RECIPIENT becomes aware of any improper release or disclosure of such nonpublic information, RECIPIENT will advise the contracting officer verbally within two business days, followed up in writing within five business days.

The RECIPIENT agrees to return any nonpublic information given to him or her pursuant to this agreement, including any transcriptions by RECIPIENT of nonpublic information to which RECIPIENT was given access, if not already destroyed, when RECIPIENT no longer performs work under the contract.

RECIPIENT understands that any unauthorized use, release or disclosure of nonpublic information in violation of this Agreement will subject the RECIPIENT and the RECIPIENT's employer to administrative, civil or criminal remedies as may be authorized by law.

C. ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

(a) The contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 "Personal Identity Verification of Contractor Personnel") as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

(b) For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum , a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05, The contractor employee will be issued a CAC only if duties involve one of the following : (1) Both physical access to a DoD facility and access, via logon , to DoD networks on-site or remotely ; (2) Remote access, via logon , to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six (6) months or more. At the discretion of the sponsoring activity, an initial CAC may be issued on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personal Management.

(c) For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards, and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures elsewhere in Section C; Non-disclosure Statement ; for OCONUS locations, refer to the Status of Forces Agreement and other theater regulations.

D. PACKAGING/MARKING

D. HEAT TREATMENT AND MARKING OF WOOD PACKAGING MATERIALS

(a) In accordance with DOD 4140.65-M and the requirements of the International Standards for Phytosanitary Measures 15 (ISPM), Regulation of Wood Packaging Material in International Trade, current edition, (hereinafter ISPM 15), the following commercial heat treatment and marking process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). Foreign manufacturers shall comply with ISPM 15, and have the WPM heat treatment and marking verified in accordance with their National Plant Protection Organization's compliance program.

(b) Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All WPM using a conventional steam or dry kiln heat chamber (treatment code for the mark: HT) shall be heat treated to a minimum core temperature of 56 degrees Celsius for a minimum of 30 minutes, and certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org ). WPM heat treated wood using dielectric heating (treatment code for the mark: DH) shall follow the requirements in ISPM 15, and shall be certified by an agency accredited by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org ). The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure the materials used in manufacture can be traced to the original source of heat treatment, and that the original source of the heat treatment obtained the necessary certifications.

(c) Marking. Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention Standard. The ALSC approved quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens. Pallet markings shall be applied to the side of the stringer or end of the block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp.

L. INSTRUCTIONS/CONDITIONS

L._ HANDCARRIED OFFERS - INCLUDING OFFERS DELIVERED BY EXPRESS SERVICES (NON-US POSTAL SERVICE MAIL)

(a) Unless specifically authorized elsewhere in this solicitation, paper offers will not be accepted. The term "handcarried offers" generally refers to offers contained on electronic media, which we recognize may be delivered "by hand." Handcarried offers must be delivered to Building 255.

(b) Handcarried offers, including disks or other electronic media , shall be addressed to:

U.S. Army Contracting Command - Warren Bid Room, Bldg 231, Mail Stop 303 6501 East 11 Mile Road Warren, MI 48397-5000

(c) Offers shall not be addressed to an individual buyer. All offers must be addressed to the Offer Receipt Office at the above address.

(d) The external delivery envelope or wrapper must be marked with the solicitation number and the date and time of the solicitation closing. Each envelope should contain only one offer.

(e) Handcarried offers must be delivered to Building 255. Directions to U.S. Army TACOM-Detroit Arsenal: From Van Dyke Avenue, travel westbound on 11 Mile Road; enter the first Arsenal gate immediately west of the railroad tracks on the north side of the street. Take an immediate right and follow security officer directions to the Receiving Dock in Building 255. The driver may need to obtain a badge, and must be a US citizen. The Government will forward the package to the Offer Receipt Office in Building 231.

(t) Offerors must ensure that the commercial carrier they use has a tracking system that can provide documentation of the date and time of delivery to the Government. For handcarried offers delivered by other than a commercial carrier, the offeror must ensure that the delivery person obtains a signature from Receiving Dock personnel on a receipt that shows the date and time of delivery to the Government. The delivery person must provide the receipt since Receiving Dock personnel do not have them.

(g) Packages must be delivered to Building 255 between the hours of8:00 am and 3:00 pm local time.

L. _ HQ-AMC LEVEL PROTEST PROCEDURES

Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/Connect /Legal-Resources/

An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected /accepted at:

INSPECT BY

Government Government

ACCEPT AT

Destination Destination

ACCEPT BY

Government Government

CLAUSES INCORPORATED BY REFERENCE

Certifications.

Officials

Officials

Controls

Incident Reporting

Support

Contractors.

Hazardous Materials

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/ Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes", as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered ;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice ; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice , in order for the invoice to be a proper invoice , the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (0MB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors , date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable ;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise , risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request , with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies /services; (2) The Assignments , Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause ; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.