W90WL520Q0005 Metals BPA.pdf

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Metals Misc. BPA Federal contract opportunity
Solicitation number
W90WL520Q0005
Issued by
Department of the Army Materiel Command Contracting Command Rock Island Arsenal

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Attachment 0001-Common Order Materials.xlsx XLSX spreadsheet

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SEE ADDENDUM

(No Collect Calls)

W90WL520Q0005 27-Nov-2019

b. TELEPHONE NUMBER

435-833-2327

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 16 Dec 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90WL59. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GENE DELEEUW

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TOOELE ARMY DEPOT

CONTRACTING OFFICE CCRC-IDT

1 TOOELE ARMY DEPOT BLDG 501

TOOELE UT 84074-5000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

(435) 833-3468FAX:

TEL: (435) 833-2616 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

331210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF37

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W90WL520Q0005

Section SF 1449 - CONTINUATION SHEET

SOLICITATION NARRATIVE

5-Year Metal Blanket Purchase Agreement

ADDENDUM TO 52.212-1, INSTRUCTIONS TO VENDORS - COMMERCIAL ITEMS

(DEVIATION 2018-O0018)

1. Army Contracting Command – Rock Island (ACC-RI) Tooele Contracting Office (CCRI-AAT), Tooele Army Depot, Tooele, Utah hereby issues solicitation for a Multiple-Award Blanket Purchase Agreement (BPA) for Tooele Army Depot (TEAD) to support inventory stock of recurring metals vital to the depot’s various missions.

This solicitation issued pursuant to Federal Acquisition Regulations (FAR) Part 13.303 for Multiple-Award BPA(s) using firm fixed price orders, as deemed necessary for the particular requirement solicited. CCRI-AAT is seeking businesses willing to enter into a BPA, as defined by FAR Part 13.303 for a period of five (5) years from the date of award. All orders under this BPA shall continue until the performance is complete and the order paid, even after the BPA expiration date.

2. All BPAs awarded will be for a period not to exceed five (5) years. Exact dates specified in the basic agreements.

3. The Government reserves the right to make multiple awards.

4. This BPA is reserved as a Small Business Set-Aside.

5. Vendors that provide sufficient documentation as to their capabilities to supply all of the common order materials, within 14 days after date of solicitation posting, listed in accordance with Attachment 0001 “Common Order Materials” shall be considered in establishing the BPA. Special order items shall not be subject to time constraints nor shall common order items due to excusable delays in delivery due to market conditions, weather, etc.

Attachment 0001 below are the general material(s) expected to be ordered against BPAs, but is not limited to the contents of the attachment.

Tooele Army Depot requirements for metal materials are per project. As such, will have diverse quantity and size needs; i.e. sheet sizes from 1 foot x 1 foot to 4 foot x 12 foot, tubing lengths from 1 foot to 20 foot, tool steels from rounds of 12 inch to fractional inches, etc.

6. A BPA does not obligate any funds. The Government is obligated only to the extent of Call Orders issued under the BPA.

7. There is no minimum purchase under this agreement.

8. CCRI-AAT is the ONLY agency authorized to place orders under this BPA.

9. Each BPA holder shall agree that the clauses and provisions included in the resulting BPA agreements are incorporated and made a part of each Government Call Order under the BPA. If any clauses are revised during the life of this BPA, the most recently dated version of the clause shall apply.

10. Vendors must be able to complete deliveries during TEAD working hours which are Monday through Thursday, 0630 to 1700. Extenuating circumstances may be addressed in individual Call Orders.

11. ***COC’S AND MTR’S ARE REQUIRED FOR ACCEPTANCE OF THIS MATERIAL***

COC’s (Certificate of Conformance) and MTR’s (Mill Test Reports) shall accompany the material when received at TEAD when stated as required in any subsequent call order. Material received without the required COC’s and MTR’s as stipulated in each Call Order shall be rejected and not processed until the correct paperwork has been received. Any material required by Call Order to be stamped or Lay Lined that is delivered without said markings;

shall be rejected. This shall delay inspection and acceptance of the material and delay Call Order payment. MTR’s from the producing mill are required for each heat shipment. Material shall not be inspected and accepted without the MTR if stipulated in the Call Order.

Original MTR’s must include but are not limited to the following:

1) Actual chemical analysis

2) Mechanical properties

3) Must reference the Mil Spec per the Line item.

4) Heat / lot number with each shipment, and marked on the material

5) Material type and temper shall be physically marked on all material.

6) Mill name, telephone number, and address

12. Shipping Terms: FOB Destination

1) Contractor shall be responsible for all freight charges for material if it is rejected.

2) Material shall have adequate weather protection and packaged to prevent rusting/damage during transit.

3) Material shall meet the Buy American Act. See DFARS clauses 252.225-7000 and 252.225-7001.

4) The Government REQUIRES flatbed delivery for reasons of safety, ease and efficiency in off-loading.

5) Items not shipped by flatbed SHALL BE rejected at receiving and shall not be unloaded.

6) Shipments SHALL be strapped, bundled or secured compliant with industry standards according to material unique shipping requirements.

7) TEAD may require deliveries to either its North or South Locations. Deliveries may be destined for different locations within each Depot depending on ordering organization or delivery site. Each shipment may have a unique delivery location as indicated on each Call Order. In the case of multiple-separate orders shipped together; each destination shipment SHALL be separately bundled for each destination to be offloaded independently.

8) Delivery Drivers MUST have the ability to enter into a United States Military Installation.

INITIAL AND FOLLOW ON COMPETITION AND EVALUATION:

1. Vendors that have a proven record of providing the types of metal materials for some or all of the types to include, but not limited to, those indicated in Attachment 0001 shall be considered in establishing this BPA. All vendors determined to be responsible pursuant to FAR 9.104-1 and technically acceptable with the criteria within Attachment 0001 “Common Order Materials”, are eligible for award of a BPA.

2. Each BPA holder shall be provided a fair opportunity to be considered for each requirement. Award of individual BPA Call Orders shall be based on lowest price and delivery terms. The raw material to be furnished under these BPAs are considered commercial supplies and adequate competition is anticipated, therefore certified cost and pricing data is not be required. However, the Government reserves the right to request other than certified cost or pricing data to assist with the determination of fair and reasonable pricing of each individual Call Order. The Contracting Officer (PCO) may also consider the following:

a. Each vendor’s record of past performance of previous orders under the BPAs, including material quality and the ability to meet performance schedules set forth in the each applicable BPA order. The Government shall continue to monitor all vendors' performance after establishment of these BPAs.

Vendors shall have the ability to comment on any adverse past performance to which the vendor has not yet had the opportunity to respond.

b. Each vendor’s current and outstanding individual BPA order capacity.

c. Any other factors shall be indicated in the specific Request for Quote (RFQ) for a BPA Call Order.

d. In accordance with FAR 13.303-5(d)(1) Purchases Under BPAs; if it is determined that there is an insufficient number of BPAs available to ensure maximum competition practicable, the PCO shall be allowed to solicit quotations from other sources, and make the purchase as appropriate.

GENERAL INFORMATION CALL ORDERS ISSUED:

1. Administration of the basic BPA and individual Call Orders shall be executed by CCRI-AAT. Although the FAR 13.303-5(b)(1) states that no individual order executed under a BPA shall exceed $7.0 million, individual Call Orders executed under this BPA shall not exceed $250,000.

2. All BPA Call Orders shall be paid through WAWF (Wide Area Workflow). Vendors must have the ability to submit Electronic Invoicing through WAWF for payment as well as accept payment electronically. Please identify on the vendor questionnaire below if this is acceptable. The requirement under FAR 13.303-3(a)(5) for invoices shall be accomplished by the use of the WAWF for shipping / invoicing as set forth at DFARS clause 252.232-7006.

The vendor shall ensure that copies of all WAWF notifications are sent to the contract specialist and other POC’s listed on the BPA Call Order. WAWF is available at https://wawf.eb.mil/ .

3. An RFQ shall be issued to each Vendor via e-mail for each Call Order, to allow all awardees a fair opportunity and equal opportunity for each bid submission.

4. Vendors shall be allowed at a minimum of two (2) business days to respond to a RFQ, unless the requirement is urgent, in which case the Government reserves the right to request proposals in a shorter time period, which shall be identified in the request. Quotes requested shall be on an FOB destination basis. However, the Government reserves the right to reserve Government pick-up of Call Orders on a contingency basis. The Government intends to issue Call Orders without discussions; however, the Government reserves the right to conduct discussions if the PCO determines them to be necessary. If no BPA vendors reply to the RFQ by the deadline within the proposal, the Government may acquire the material from another source.

5. The Government intends to competitively issue each Call Order to the quote that represents the best value which meets the Government's needs including price, quality, quantity, past performance, and delivery terms. If additional factors apply they shall be identified in each RFQ. The Government reserves the right to make single or split Call Order awards based on the Government’s requirements. The criteria for placement of Call Orders may be as follows, but not limited to:

a. Proposed total prices.

b. Material Quality.

c. Material Quantity.

d. Past performance on previous Call Orders against the BPA.

e. The ability to meet the delivery requirements.

6. Each RFQ shall contain the required delivery date of supplies utilizing FOB Destination. On time delivery is very critical; therefore, the vendor must adhere to the delivery requirements indicated in each Call Order. Failure to comply with the contractual delivery schedule after award may result in termination of the Call Order or require consideration if the Government elects to extend the delivery. The Government is not required to extend a delivery schedule if vendors encounter delays. The foreseen non-availability of raw materials, sub-vendor issues, scheduling conflicts, etc. are not acceptable excuses for failing to meet the delivery schedules. Early delivery may be authorized, but must be approved and coordinated 48 hours in advance of Call Order due date with the Contract Specialist and/or PCO designated in the Call Order. If there is going to be a delay in delivery, the vendor is required to notify the Contract Specialist or PCO designated in the Call Order within 1 workday of that delay.

SPECIAL INSTRUCTIONS FOR VENDORS:

1. In accordance with FAR 13.303-6, the PCO shall conduct market research on an annual basis to update agreements, prices, and market conditions at that time. If necessary, and at the discretion of the PCO, vendor assessments can be conducted.

2. The Government reserves the right to establish additional BPAs other than annually. In order to facilitate purchases if deemed necessary; and if the sources have provided the information stated in paragraph 1-- INITIAL

AND FOLLOW ON COMPETITION AND EVALUATION.

3. Vendors must submit their documentation in a single submission prior to the closing date and time listing on page one of this solicitation.

4. Vendors must complete the questionnaire below:

OFFEROR QUESTIONNAIRE

Company name: _________________________________

CAGE code: _____________________________________

Primary Point of Contact Name: __________________________ Phone________________________

Alternate point of Contact Name: __________________________ Phone_________________________

Can you accept WAWF Electronic payment? ______________

SECTION L - INSTRUCTIONS TO VENDORS

1. GENERAL INSTRUCTIONS: These instructions are a guide for preparing your submission. These instructions generally describe the type and extent of information vendors should provide and emphasize the specific areas that must be addressed in its submittal. Vendors are to review the solicitation and its attachments, which shall serve as the guideline and item list for any future requirement. Vendors shall include in its submission, sufficient information to enable the Government to determine vendor’s potential eligibility for award of a BPA for all future requirements.

It is the Government's intent to award multiple BPAs as a result of this solicitation.

2. It is the Government's intent to award multiple BPAs under this solicitation to responsible vendors determined technically acceptable in accordance with the criteria within this solicitation. Vendor submissions shall include the information relating to Attachment 0001, as well as addressing all of the following aspects to determine technical acceptability:

A. Technical Capabilities

1. The vendor must provide evidence that their firm is engaged in supplying some or all of the type of materials as described in solicitation for a period of at least three (3) years preceding this solicitation.

The following shall provide evidence:

PUBLISHED DATA: Each vendor shall provide a capabilities statement describing the types of raw materials the vendor can supply for subject solicitation.

B. Experience:

1. The vendor shall demonstrate that they have a minimum of three years of experience performing under prior contracts (Government or Non-Government), or the ability to supply all or most of the metal materials as set forth in this solicitation in Attachment 0001. Identify ability by noting on each product type tab in the Attachment 0001.

Each vendor shall provide contact information (including at minimum the company name, contact name, main telephone number and alternate telephone number, email address of Point of Contact.

2. Vendors shall submit all documents electronically to Contract Specialist, Gene DeLeeuw farrel.e.deleeuw.civ@mail.mil and shall be received by closing listed on solicitation in order to be considered as a potential BPA holder in the initial pool, and eligible to participate in immediate requirements under the BPA.

SECTION M - EVALUATION FACTORS

1. Each vendor’s initial submission shall include all information requested by the Government at the time the submissions are due. The Government is not obligated to request further information from any vendors to determine technical acceptability or responsibility, but does reserve the right to obtain additional information if determined necessary by the PCO.

2. All submittals shall be subject to evaluation by Government personnel, with strict adherence to the evaluation criteria.

3. The Government shall determine responsibility by analyzing if the potential BPA holder complies with the requirements of FAR Part 9.1.

4. The following factors shall determine vendor submission technical acceptability:

a) Technical Capabilities

b) Experience

c) SAM Registration prior to solicitation response with no active exclusions and small business compliance

These factors are outlined below with the Government's criteria to determine vendors technically acceptable.

Vendors must be found acceptable under all factors to be determined technically acceptable.

A. TECHNICAL CAPABILITIES:

The vendor’s submission shall be evaluated to determine if the vendor has clearly indicated the following:

1. The vendor’s capabilities statement how the firm has, over the last three (3) years, been primarily engaged in supplying some or all of the materials as referenced in Attachment 0001 and listed responses on the Attachment 0001.

B. EXPERIENCE:

1. The vendor’s experience demonstrates that the company has successfully completed two (2) contracts (Government or Non-Government) supplying some or all of the material as set forth by this solicitation within three

(3) years prior to the solicitation.

C. SAM REGISTRATION

1. FAR 4.1102, 4.1103, 52.204-7, System for Award Management, and 52.204-13, System for Award Management Maintenance, have been revised to clarify that offers’ must be registered in SAM, AT THE TIME AN OFFER IS SUBMITTED (previously prior to award). Active Exclusions are grounds to be removed from consideration from this solicitation.

2. This BPA is reserved as a Small Business Set-Aside. Potential Vendors shall register in SAM their small business designation.

ADDITIONAL INFORMATION:

1. The above evaluation criteria shall determine the initial pool of BPA holders only.

2. Specific evaluation criteria for specific requirements shall be communicated within each BPA Call Order.

3. Visitor Access Passes are issued to individuals, not companies.

All visitors, to include transportation and freight services, official and unofficial, are highly suggested to pre-register at least three (3) business days in advance. Pre-registering visitors allows for the NCIC-III background check to be conducted before the individual visits TEAD, reducing the wait time necessary to complete the check. Visitor Access Control can be reached at (435) 833-2205. The Visitors Center requires an authorized visitors list to be provided by the Government POC of intended delivery recipient organization as indicated in individual Call Orders.

SECURITY AND LOCAL SPECIFICATIONS

1. Access and general protection/security policy and procedures This standard language is for Contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub‐Contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. 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.

2. Required Employee Information The following information shall be provided for each employee involved in the contract: name, social security number, date of birth, citizenship, employer, location of work on depot, vehicles used by Contractor, and duration of contract. The Contractor will submit the above information to the Identification and Registration (I&R) Office, building 100, as soon as the contract has been awarded. In an emergency, the information will be accepted with the SIOTE Form 901 Badge Requests. However, this information must be provided before badges can be issued.

3. 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 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

4. 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 (provided by Government representative), or, at OCONUS locations, in accordance with Status of Forces Agreements and other theater regulations.

Contractor/subcontractor personnel whose contract performance period is less than 30 days shall be issued temporary visitor badges and a TEAD Form 2048 Visitor Pass.

Badges shall be prominently displayed on an outer garment at all times while personnel are on-depot. Badges shall be secured while off-depot and shall not be used for identification purposes off the installation.

Personnel requiring badges must have picture identification (i.e., driver’s license or State ID card) in their possession at the time of badging or a Resident Alien card issued by the State of Utah.

5. Threat Awareness Reporting Program.

For all Contractors with security clearances. Per AR 381‐12 Threat Awareness and Reporting Program (TARP), Contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2‐4b.

6. Admittance to the Worksite The Contractor is solely responsible for all acts committed by persons admitted to the Government work site at the request of the Contractor. Sexual Harassment shall not be tolerated.

7. Foreign Nationals Army regulations prohibit foreign nationals from entering Army installations without prior specific written approval from the installation Commander. Requests for foreign national employees to enter the Depot must be submitted to the TCA Security Manager at least 14 days prior to the desired date of employment. Such requests must be fully justified and will be considered on a case-by-case basis.

8. Vehicles All vehicles and drivers entering the confines of the installation are required to comply with the requirements of the State of Utah or the State in which the vehicles are registered. These requirements include: valid State registration;

valid vehicle insurance; current State inspection (if required); and the operator must possess a valid State driver’s license. These requirements are strictly enforced while on the installation. If requested by a Security Officer, proof of these requirements must be produced. Vehicles with illegal modifications are prohibited from the installation.

Enforcement of the Utah State Traffic Code is conducted on the installation. Violators will be issued a U.S. Federal Magistrate Citation, which requires the payment of a fine or appearance in the Magistrate Court. Contractors requiring the use of Contractor-owned or leased vehicles within the Ammunition Restricted Area, must obtain a vehicle pass from the I&R Office, building 100 at TEAD prior to entering the area. Proof of registration, inspection, insurance and a properly licensed driver must be available at the time of registration. Contractor vehicle passes are valid through completion of contract. Vehicles allowed access to the area must be Contractor-owned or leased. The Contractor must supply a memorandum of vehicles being used by its employees.

9. Prohibited Items Firearms or dangerous weapons, illegal drugs, intoxicants or paraphernalia, cameras or camera equipment are prohibited on Tooele Army Depot, unless authorized by the Director of the area, and flame-producing items are prohibited in ammunition storage areas unless specifically authorized in writing on a TEAD Flame Permit.

10. Accident Reporting The Contractor shall notify the Contracting Officer of all accidents/injuries immediately. Contractor employees may be examined at the US Army Health Clinic service for emergencies, only, on a cost-reimbursable basis from the Contractor. For emergencies, dial: 435-833-2911 if using a cell phone, and 911 if using a Depot phone.

Depot telephone, dial 911 and give the operator all the information-- DON’T HANG UP.

Contractors using cellular phones--call (435) 833-2911 at Tooele Army Depot.

Fire alarm transmitter and fire phones. (Instructions are plainly printed on each).

11. Speed Limits While on Tooele Army Depot, all posted speed limits shall be followed. Reduce speed to 15 MPH while passing troops.

Vehicle and Package Inspection Program. All vehicles and packages entering, exiting or within the confines of the installation are subject to inspection by authorized Security personnel. This will periodically include the use of bomb or drug detection dogs.

12. Seat Belts

The wearing of seat belts is required on the installation. Vehicles driven on the installation must also be in compliance with all State motor vehicle regulations. When operating motorcycles on the installation, helmets must be worn.

13. Cell Phones Cell phones are, under no circumstances, to be used while driving on Tooele Army Depot properties. No talking--no texting. If a driver needs to place a call or text, the individual must pull safely to the side of the road and park.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

FFP BPA

FFP

Multiple Metals Requirement Blanket Purchase Agreements (BPA). Army Contracting Command - Tooele (CCRI-AAT) hereby issues solicitation W90WL5- 20-Q-0005 for multiple BPAs for various metals materials in accordance with, but not limited to, Attachment 0001 sample materials in support of Tooele Army Depot.

FOB: Destination

To Establish BPA(s) Up to Five Year Term.

Required Dates TBD by Call Order Destination to be Tooele Army Depot, Tooele UT 84074 Specifics of Destination per Call Order

NSN: Metals Misc.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

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