SOL Amendment W911N224R0020-0001.pdf

BOBIE JO BURKETT

717-267-5283

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM-DSL BLDG 2S

CHAMBERSBURG PA 17201-4150

W25G1Q331900G5

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to

1) amend the requirement from Sole Source to Small Business Set-Aside (SBSA),

2) revise Section 2.5, 2.8, and add Section 8 of the Purchase Description,

3) amend FAR Clause 52.212-1 to include the Army Contract Writing System (ACWS) Transition Information for Offerors verbiage to inform the w orkforce of new mandatory Solicitation, Aw ard, and Order narratives designed to notify industry of the upcoming transition to the Army Contract Writing System (ACWS) to help reduce risk and ensure a smooth transition,

4) add FAR Clause 52.212-2 Evaluation--Commercial Products and Commercial Services, w ith Best Value evaluation criteria, and

5) extend the Offer Due date to 31 May 2024

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 21-May-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911N224R0020

X 9B. DATED (SEE ITEM 11)

24-Apr-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

22-May-2024

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM-DSL BLDG 2S

CHAMBERSBURG PA 17201-4150

W911N2 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N224R0020

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been added.

The required response date/time has changed from 08-May-2024 01:00 PM to 05-Jun-2024 01:00 PM.

The Acquisition Set Aside has changed from No Preference / Not Listed to Small Business.

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Safety Review 18-APR-2024 Attachment 2 A0001 CDRL Training 18-APR-2024 Attachment 3 A002 CDRL

WARRANTY

18-APR-2024

Attachment 4 A003 CDRL Manuals 18-APR-2024 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Safety Review 18-APR-2024 Attachment 2 A0001 CDRL Training 18-APR-2024 Attachment 3 A002 CDRL

WARRANTY

18-APR-2024

Attachment 4 A003 CDRL Manuals 18-APR-2024 Attachment 5 Performance Assessment

Questionaire

16-MAY-2024

The following have been added by reference:

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) FEB 2023

The following have been added by full text:

PURCHASE DESCRIPTION

FOR

PORTABLE LASER ABLATION SYSTEM

1. GOVERNMENT NEEDS: One each portable 2000-watt laser ablation system with accessories and spare parts.

2. SPECIFICATIONS:

2.1 Portable laser ablation system: 2000 watts (with the ability to adjust down to 200 watts) continuous wave beam source average power, random polarization, pulsed, hermetically sealed resonator, Class 4 laser product, includes:

- Wavelength: 1064nm

- One (1) hand-held laser optic

- Input power required: 220VAC, 3-ph, 40A, 50/60Hz

- Built-in water-cooling unit

- Operating temperature: 32-104°F non-condensing

- Humidity: 30-85% non-condensing

- User Manuals, digital and hardcopy

- Compact accessory kit consisting of lens cleaning set and Input/Output connectors

- Dehumidifier/air dryer unit

2.2 Laser Source Housing

- Heavy-duty metal frame

- Status indicator lamp

- 4 castors and handles to allow movement on the jobsite

- Main power disconnect switch with Lock Out / Tag Out

- Connector for robot I/O or foot pedal or other external switches

- Dimensions (in): approximately (H) 67 x (W) 29 x (L) 45

- Weight (lb): approximately 300

2.3 Dehumidifier/Air Dryer Unit

- Unit shall provide laser dehumidification and air drying to help prevent the laser from overheating and allow the laser to run continuously for longer periods of time.

- Dehumidifier/air dryer unit may be internal or external to laser source housing.

- External dehumidifier/air dryer unit (if provided) shall meet the following guidelines:

- Input power: 110VAC, 1-ph, 15A, 50/60Hz with NEMA 5-15p plug (power supplied by source separate from laser source).

- Dimensions (in): approximately (H) 43 x (W) 12 x (L) 20

- Weight (lb): approximately 60

2.4 User Interface Controls – Touch screen panel digital interface for system operation and control, includes:

- Wired and Wireless Job Update Capability

- Touch screen controls for adjusting beam settings, sub-system monitoring, data logging error reporting, remote operation, system adjustments.

- Ability to display Pulse Distance and Pulse Diameter

- Wireless monitoring capability for remote access by technicians for troubleshooting and diagnostics

- Minimum five (5) preset configurations on demand on touch screen interface

- Key-lock start switch

- Emergency power cut-off switch (E-Stop)

2.5 Hand-held Laser Optic – Manually operated gun for the watt laser ablation device.

- Hand-held scanner

- Manual beam activation via safety trigger

- Provided with minimum 10m to 12m long fiber optic cable.

- User serviceable lens swap capability

- Attachment ring for tool suspension/stowage

- Adjustable sling for operator comfort

- E-Stop

- Weight approximately 10lbs.

2.6 One (1) Fiber Optic Cable Package

- One (1) Length: 10m to 12m

- Fiber packages include power and data cables

- Heavy-duty protective cover, step-safe, reinforced, water-resistant outer cover

- Protective cover

2.7 Laser Safety Glasses

- Six pairs of laser safety glasses that protect the wearer from the wavelength and optical density (OD) of the laser ablation system provided.

- Protective carrying cases will be provided for each pair of laser safety glasses.

2.8 Accessories:

2.8.1 Mobile Suction Nozzle

- Operates on 110VAC, 1-ph, 15A, 50/60Hz with NEMA 5-15p plug (power supplied by separate from laser source)

- Heavy-duty stabilizer arm with a fume capture hood.

- Exchanges inside air using pre filters and HEPA filtration.

2.8.2 Laser Safety Curtains consisting of:

- Two (2) foldable laser light protective 6-panel rigid systems (25ft long x 7ft tall)

- Eight (8) portable 5M collapsible laser curtains, 6ft W x 7ft H (similar to Kentek part number PT-5M250WB6) with Velcro curtain-to-curtain edge-sealing

- One (1) laser light protective pop-up canopy tent with floor length side panels (10ft X 10ft). Includes a durable reusable stowage/carrying case.

- All curtains and tent shall include laser safety signage

2.9 Spare Parts:

- 2 ea. heavy-duty suction hoses for fume capture hood

- 1 ea. Hand-held Laser Optic for the laser ablation device

- 20 ea. Replacement lenses for handheld laser optic device

- 3 ea. Lens cleaning kit: Includes wipes and cleaning solution

- 5 ea. Air filters for Laser

- 3 ea. HEPA filter for fume extractor

- 3 ea. Activated carbon filter for fume extractor

3. SECURITY REQUIREMENTS: Contractor and all associated sub-contractor’s 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.

3.1 OPSEC Training: Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. Level I OPSEC Awareness training is available at the following website:

http://www.letterkenny.army.mil/ctrresources/

3.2 iWATCH Training: The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. iWATCH training is available at the following website:

http://www.letterkenny.army.mil/ctrresources/

3.3 AT Level I Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://www.letterkenny.army.mil/ctrresources/

3.4 Contractor and all associated sub-contractor’s 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.

3.4 Badges: Identification badges will be issued for admittance of personnel before performing work or service on this contract. The identification badge is the property of the US Government and must be returned upon termination or demand. The contractor/vendor agrees that he will ensure all badges issued to employees are returned to the Badge and Identification Section, Security Division, Letterkenny Army Depot promptly on termination of need or on expiration, which occurs first. The badge room is in Building 2, phone # 717-267-8003.

Hours of operation are 7:30 AM to 3:30 PM, Monday thru Friday, exclusive of Federal Holidays.

4. ENVIRONMENTAL REQUIREMENTS:

4.1 Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and installation regulations and policies.

Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-1, and any specifications within this contract to the Contracting Officer Representative (COR), as well as the Director of Engineering and Public Works and the Chief, Environmental Management Division (EMD).

4.2 Compliance with Green Procurement Requirements: Contractor shall follow Federal EPA Comprehensive Procurement guidelines (www.epa.gov/cpg) and Army Contracting Command Quick Guide (https://acc.aep.army.mil/accapps/ACCMAP/Documents/Quick- Guide-for-Sustainable-Procurement.docx) for acquisition of building materials and products and select materials that have a long life cycle; the least toxic materials; recyclable materials; materials that are resource-efficient; materials with the maximum recycled content; materials harvested on a sustained yield basis; and products causing the least pollution during their manufacture, use, and reuse.

4.3 Generation of Solid Waste: Contractor shall remove from the installation and dispose of all solid waste generated, which cannot be recycled to an approved and permitted off-post disposal facility.

4.3.1. Contractor shall make every effort to divert 54 percent of all construction and demolition debris waste and 44 percent of all other solid waste to comply with the Army Integrated Solid Waste Management Policy.

4.3.2. Prior to removing any waste from the installation for disposal, the Contractor shall coordinate with the installation Qualified Recycling Program Manager and Director of Engineering and Public Works to arrange for recyclable materials to be removed and diverted from the waste stream and provided to the installation to receive credit toward meeting diversion requirements. Submit in writing the quantities of waste removed and recycled to the Director of Engineering and Public Waste or designee on a monthly basis and at the expiration of the contract. The submittal shall include the date of disposal/recycling, the disposal/recycling facility, the types of material disposed/recycled and the quantities of materials disposed/recycled by weight.

4.3.3. The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by the contract. This includes collection, separation, and processing products or other materials recovered from solid waste streams for use in the form of raw materials.

4.3.4. The Contractor shall make maximum effort to reduce and prevent waste and comply with Executive Order 13423.

4.4 Generation of Hazardous Waste: Contractor shall assign all hazardous waste management responsibilities to the appointed ECOPC. Contractor shall contact the Director of Engineering and Public Works to obtain technical assistance from the installation's Environmental Director who will assist the ECOPC with achieving and maintaining compliance with hazardous waste storage and disposal requirements. Contractor shall properly profile all waste generated as part of this contract to determine if any waste is hazardous waste as defined by 40 CFR. Contractor shall accumulate hazardous waste prior to disposal shipment in a satellite accumulation point at or near the point of generation or in a less-than-90-day site, in accordance with Federal, State, Army, and installation regulations or policies. The Contractor shall properly package the hazardous waste and complete the hazardous waste manifest, then take the manifest to Director of Engineering and Public Works for approval and signature prior to removing any hazardous waste from the installation. Contractor shall contact Director of Engineering and Public Works or designee to obtain the installation’s hazardous waste EPA ID number for the hazardous waste manifest. The Contractor shall notify Director of Engineering and Public Works or designee 24 hours prior to removing any hazardous waste from the installation. The contractor shall remove and dispose of manifested hazardous waste generated by contract activities from the installation, to an approved off-post permitted hazardous waste disposal facility. The Director of Engineering and Public Works or designee shall assist contractors with profiling their waste upon request.

4.5 Use of Hazardous Materials: Contractor shall assign all hazardous materials management responsibilities to the appointed ECOPC. Contractor shall contact Director of Engineering to obtain technical assistance from installation's Environmental Director who will assist the ECOPC with achieving and maintaining compliance with hazardous material storage, issue, use, and disposal requirements. Contractor shall submit to the COR and/or Director of Engineering and Public Works a hazardous material inventory. The hazardous material inventory will be submitted 30 days prior to commencement of work for contracts that exceed 180 consecutive days. The inventory list will contain the hazardous material type and maximum quantities of materials anticipated to be stored on-site. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. The Contractor shall maintain copies of Safety Data Sheets for all hazardous materials used and stored on-site during performance of the contract. Contractor shall not supply or deliver any hazardous materials or chemicals to an AMC installation that are listed on EPA toxic chemical list without prior written approval from Director of Engineering and Public Works.

4.6 Corrective Action for Noncompliance: Contractor shall when given a verbal and/or written notice of environmental noncompliance or nonconformance by the COR, take immediate corrective action. Failure or refusal to comply promptly may be grounds for the Contracting Officer to invoke the appropriate contractual remedies. This may cause all or part of the work to be stopped immediately until satisfactory corrective action has been taken.

4.7 Universal Waste / e-Waste Management: Universal waste including but not limited to some mercury containing building products such florescent lamps, mercury vapor lamps, high pressure sodium lamps, CRTs, batteries, aerosol paint containers, electrical equipment containing PCBs, and consumed electronic devices, shall be managed in accordance with applicable environmental law and installation instructions.

5. SAFETY: The contractor shall make themselves familiar with and comply with LEAD’s local safety regulation LEAD-R 385-1 and Safety Bulletins prior to beginning any work at LEAD. The ‘LEAD Safety and Occupational Health Program’ (LEAD 385-1) can be found at https://www.letterkenny.army.mil/Visitors- Information/

5.1 The laser equipment shall meet the Class 4 laser safety standards set by ANSI and OSHA. The Supplier’s user manual will detail the potential laser hazards when operating the system, hazard control measures and machine-based safety features. The laser control panel will contain a key lock switch to prevent unauthorized operation when the key is removed. The laser will contain sensors to monitor performance values and automatic controls that prevent laser beam emission, and visually report error messages, when operating parameters are out of specification.

5.2 The contractor is reminded that LEAD maintains a Safety Management System (SMS) and is ISO 45001 certified, AS9100 and AS9110 certified. The equipment and the installation shall also meet all the safety criteria set forth in OSHA 1926.501 and ANSI/ASSE Z359.

5.3 If contractor personnel determine a procedure is unsafe, they shall discontinue work immediately and contact their Program Manager who shall notify safety personnel and the Technical Point of Contact (TPOC).

As soon as LEAD Safety Office personnel determine that the unsafe conditions have been corrected, the TPOC will notify the contractor Program Manager that personnel may resume work.

5.4 All contractor personnel shall wear the appropriate PPE when in the following work areas: industrial buildings, at construction sites, test sites and test facilities. Failure to wear/use PPE may cause removal from the job site and/or seizure of non-compliant equipment/items.

5.5 The contractor shall comply with reporting requirements of 29 CFR Part 1904, and shall report accidents resulting in injury or death and accidents resulting in damage to Government property, supplies, and equipment to the TPOC promptly of the occurrence.

5.6 In case of an injury/accident, the contractor shall complete an injury/accident investigation report and submit it to the TPOC office with a copy to the LEAD Safety Office within 24 hours of the event, regardless of if the event is reported to another Safety Management System (SMS).

5.7 Any and all on site work at LEAD shall be completed in accordance with applicable OSHA, Army, and LEAD Safety requirements. As a federal installation, additional requirements other than OSHA apply to contractors performing work at LEAD. Examples include full conformance to all applicable NFPA standards, ANSI standards, and other consensus standards for the industry covered by the subject contract. It is the responsibility of the contractor to be familiar with all applicable standards prior to starting work. Additionally, the contractors shall make themselves familiar with and comply with LEAD's local safety regulation LEAD-R 385-1, AR 385-10, and LEAD-R 420-13 prior to the start of any work at LEAD.

5.8 All safety messages or recalls related to the safe use of products produced by the contractor will be provided to the TPOC for the Contract within 5 days of contractor’s awareness of the message or notice.

5.9 Prior to shipping, the contractor shall provide Safety Data Sheets (SDSs) for all Hazardous Material (HazMat) in accordance with LEAD Safety Bulletin 23-02 10.4.o. for all fluids required for the start-up and proper operation of the Laser Ablation equipment to the TPOC. The TPOC shall Ensure all procured HazMat is restricted to products that have been approved for use by the HMAG, to include any HazMat provided with equipment or items purchased by the contractor.

5.10 As part of the applicability of engineering controls, all equipment with rotating and moving parts at point of operation shall comply with LEAD 385-1 Chapter 17-3- Policies: One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, nip/pinch points, rotating parts, flying chips, and sparks. Examples of guarding methods are: physical barrier guards, electronic safety devices, guarding by distance, and physical restraints. The point of operation of machines whose operations exposes an employee to injury shall be guarded. The guarding device shall be in conformity with any appropriate standard (OSHA, ANSI, Equipment Owner’s Manual). In the absence of applicable specific standards, guarding shall be designed and constructed as to prevent the operator, or any employees who may come in contact, from having any part of his/her body in the danger zone during operation. All machines designed for fixed locations shall be securely anchored to prevent walking or moving during operation.

5.11 All hazards inside the machinery shall be guarded against unauthorized access. Clearly visible signs and symbols shall warn personnel in the area, and interlocks, safety mats and redundant deactivation systems shall guard against accidental access to the tooling and moving parts. Guards shall be easily removable to facilitate inspection, maintenance, or repair.

5.12 Contractors must submit a copy of AMLD Form 4783 LEAD Contractor Chemical Checklist and SDSs to be reviewed by the Safety Office, Industrial Hygiene, Fire Protection, and the Environmental Management Division prior to bringing the hazardous material on the DEPOT. All HazMat must leave with the contractor at the end of the workday.

6. APPLICABLE DOCUMENTS:

- OSHA Safety and Health Standards 29 CFR 1910 Occupational Safety and Health Standards (copies may be obtained at http://www.osha.gov) -.Letterkenny Army Depot (LEAD) Publications:

LEAD Regulation 385-1: LEAD Safety and Occupational Health Program and safety bulletins. LEAD 385-1 Chapter 21

- “American National Standard for the Safe Use of Lasers” (ANSI Z136.1-2014) (standard needs to be updated in the 385-1, Ch21-9)

- "Safety of laser products - Part 1: Equipment classification and requirements" (IEC 60825-1:2014)

- 29 CFR 1910 Subpart S- Electrical Safety

- 29 CFR 1910.147 -lockout/tagout

- Laser eye wear protection in accordance IAW Laser Protection Standards (ANSI Z136.1-.3) and Impact Standards (Z87.1)

7. TRAINING: Formal safety and use training on-site for qualified laser operators (required) includes equipment commissioning and set-up support. Two (2) laser specialists, two (2) days on-site, laser safety and hands- on training per ANSI Z-136.1 Safe Use of Lasers and manufacturer’s instructions, up to 6 individuals, includes travel.

8. MAINTENANACE: Maintenance of the system will be performed on-site by the contractor at 12 months after delivery or 3600 hours of use, whichever comes first. Maintenance shall consist of all yearly service requirements as established by the owners/operators manual. Any filters, fluids and materials required for the service shall be provided by the contractor. A one-page report listing these items as replaced, inspected, or serviced with date and signature will be delivered to the TPOC in paper and electronically within 10 working days of service.

9. WARRANTY: A one-year minimum warranty will be furnished with the provided equipment. The warranty shall cover all components. The warranty period begins when the LEAD Contracting Officer provides official confirmation that the equipment has satisfied all operational provisions of the contract.

10. PRESERVATION, PACKAGING AND DELIVERY: The contractor will utilize standard commercial methods for preservation and packaging appropriate for the provided equipment and acceptable to commercial carriers. As a minimum, all areas susceptible to damage from exposure to the elements shall be preserved and/or packed to prevent damage. The contractor shall be responsible for ensuring the equipment is delivered to LEAD in good condition.

11. INSPECTION AND ACCEPTANCE: The provided equipment will be examined for design, construction, materials, components, and workmanship to determine compliance with the contract and this specification. Any deviation from these requirements will be cause for rejection.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Entry Gate Criteria

The Offeror must be rated acceptable for the following criteria in order to proceed to full quotation evaluation:

Entry Gate Criteria:

1. Portable laser ablation system: 2000 watts (with the ability to adjust down to 200 watts) continuous wave beam source average power, random polarization, pulsed, hermetically sealed resonator, Class 4 laser product.

2. Input power required: 220VAC, 3-ph, 40A, 50/60Hz.

3. Built-in water-cooling unit.

4. 4 castors and handles to allow movement on the jobsite.

5. Heavy-duty metal frame.

6. Main power disconnect switch with Lock Out / Tag Out.

7. Weight: 310lbs or less.

8. Unit shall provide laser dehumidification and air drying to help prevent the laser from overheating and allow the laser to run continuously for longer periods of time.- Connector for robot I/O or foot pedal or other external switches.

9. Touch screen controls for adjusting beam settings, sub-system monitoring, data logging error reporting, remote operation, system adjustments.

10. Key-lock start switch.

11. Manual beam activation via safety trigger.

12. Hand held laser scanner shall weigh approximately 10lbs.

13. One (1) fiber optic cable with a Length of 10m to 12m.

14. Six pairs of laser safety glasses that protect the wearer from the wavelength and optical density (OD) of the laser ablation system provided.

15. Heavy-duty stabilizer arm with a fume capture hood.

16. Operates on 110VAC, 1-ph, 15A, 50/60Hz with NEMA 5-15p plug (power supplied by separate from laser source).

17. Two (2) foldable laser light protective 6-panel rigid systems (25ft long x 7ft tall).

18. Eight (8) portable 5M collapsible laser curtains, 6ft W x 7ft H (similar to Kentek part number PT-

5M250WB6) with Velcro curtain-to-curtain edge-sealing.

19. One (1) laser light protective pop-up canopy tent with floor length side panels (10ft X 10ft). Includes a durable reusable stowage/carrying case.

20. All curtains and tent shall include laser safety signage.

Evaluation Factors

The combination of non-price factors, TECHNICAL PAST PERFORMANCE are significantly more important than Price. Award may be made to other than the lowest priced quote if the Government determines that a price premium is warranted due to technical merit.

However, the closer the merits of the technical quote are to one another, the greater will be the importance of price in making the award determination. In the event that two or more technical quotes are determined technically equivalent, award may be made to the lower priced quote provided the price is reasonable. Responses to this RFP will be evaluated against the following factors:

Factor 1: Technical Factor 2: Past Performance Factor 3: Price

FACTOR 1: Technical.

The contractor shall review the salient characteristics provided in the Purchase Description (PD). Offers shall demonstrate that they meet or exceed each of the items that are listed in section 2.0 Specifications of the Portable Laser Ablation System PD. Mere re-statements of the requirements or statements from the Offeror that the offer is compliant that do not include a description of product technical capability is unacceptable.

A higher technical rating will be considered to those proposals that meet or exceed the requirements as provided in the PD.

If the Offeror’s quote is determined unacceptable in any of the technical evaluation factors or subfactors, the quote may not be considered for award.

The Government reserves the right to award the contract to other than the lowest priced quote.

During evaluation of each proposal, the Government will assign a rating as shown below. The government will assign an overall rating to the Technical factor. A rating of unacceptable in one or more sub-factors will constitute an overall rating of unacceptable for the technical evaluation.

The following ratings will be utilized:

COMBINED TECHNICAL/RISK RATINGS

Color Rating Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate. (secondary certification, etc)

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is un-awardable.

FACTOR 2: Past Performance

A. The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts of the PD.

B. Offerors shall submit all relevant information on Government and/or commercial contracts for the prime offeror and each major subcontractor, those subcontractors expected to perform twenty (20) percent or more of the proposed effort, in performance or awarded during the past three years, from the issue date of this Request For Proposal (RFP), which are relevant to the efforts required by this RFP. The Government may consider a wide array of information from a variety of sources, but is not compelled to rely on all of the information available.

C. Offerors shall include the most recent and relevant efforts (within the past three years) in their proposal. Absent any recent and relevant past performance history or when the performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, the offeror will be assigned an “unknown confidence rating” and its proposal will not be evaluated either favorably or unfavorably on past performance. The Government may use data provided by the offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State or Local government or commercial contracts for same or similar services as compared to the North American Industry Classification System (NAICS) 334517. Data used in conducting performance risk assessments shall not extend past three years prior to the issue date of the RFP but may include performance data generated during the past three years without regard to the contract award date.

D. The past performance factor considers each offeror’s demonstrated recent and relevant record of performance in supplying services that meet the contract requirements. There are two aspects to the past performance evaluation:

relevancy and performance confidence assessment.

(i) RELEVANCY: The first aspect of the past performance evaluation is to assess the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. Relevancy is not separately rated; however, the following criteria will be used to establish what is relevant which shall include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming.

Past Performance Relevancy Ratings Ratings Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

QUALITY ASSESSMENT: Assess the quality of the offeror’s past performance on those recent efforts that were determined relevant by determining how well the contractor performed on the contracts. Documented results from Past Performance Questionnaires, CPARS, and other sources form the support and basis for this assessment.

(ii) PERFORMANCE CONFIDENCE ASSESSMENT: The final step is for the team to arrive at a single consensus performance confidence assessment for the offeror, selecting the most appropriate rating from the chart below. This rating considers the assessed quality of the relevant/recent efforts gathered. Ensure the rationale for the conclusions reached are included.

Performance Confidence Assessments Adjectival Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

FACTOR 3: Price.

Offerors must propose on all items. The total evaluated price will be computed by adding the total estimated amount for each item.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

The following have been modified:

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(End of provision)

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS:

Paragraph (c) is changed to read: Period for acceptance of offers. The Offeror agree to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(End of Addendum)

ADDENDUM TO FAR 52.212-1, ARMY CONTRACT WRITING SYSTEM (ACWS) TRANSITION

INFORMATION FOR OFFERORS (MAY 2024):

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

The following have been deleted:

The following included by reference have been revised:

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

(End of Summary of Changes)