A02_-_Provisions_and_Clauses_Full-Text_Attachment.doc

Provisions and Clauses Full-Text Attachment

ACC - APG POINT OF CONTACT

ACC - APG POINT OF CONTACT

The ACC - APG point of contact for this action is:

Contract Specialist: Christopher Moy

Telephone Number: 301-394-2021

E-mail: christopher.r.moy.civ@mail.mil Contracting Officer: Christopher Moy

Telephone Number: 301-394-2021

E-mail: christopher.r.moy.civ@mail.mil

SOLICIT ONLY ONE SOURCE

INTENT TO SOLICIT ONLY ONE SOURCE

The proposed contract action is for supplies or services for which the Government is soliciting and negotiating with only one source under the authority of FAR 13.106-1(b)(1)(i). The name of the company the Government intends to award a contract to is American Isostatis Presses, Inc., 1205 S. Columbus Airport Rd Columbus, Ohio 43207. This notice of intent is not a request for competitive proposals. However, the Government will consider all proposals received prior to the closing date and time of this solicitation.

TYPE OF CONTRACT

TYPE OF CONTRACT (Reference: 52.216-1)

This is a Firm Fixed Price (FFP) type of contract.

GOV INSPECTION AND ACCEPTANCE

GOVERNMENT INSPECTION AND ACCEPTANCE

Government Inspection and Acceptance shall be performed at Aberdeen Proving Ground, MD by an authorized Government Representative.

TAX EXEMPTION CERT. (ARL)

TAX EXEMPTION CERTIFICATE (ARL)

Exemption certificate number 30005004 covers exemption from Maryland retail sales and use tax.

The Federal Tax Identification number for the Army Research Laboratory is: 53-0215803.

RECEIVING ROOM – APG

RECEIVING ROOM REQUIREMENTS - ALTERNATE I (APG)

At ABERDEEN PROVING GROUND truck shipments are accepted Monday through Friday (except holidays) from 8:00 AM to 3:30 PM only at Logistics Warehouse, Building 321, 6375 Johnson Road, Aberdeen Proving Ground, MD 21005. Suppliers shall affix packing slips to the outside of any packages delivered under this contract. Packing slips must be clearly identified and easy to retrieve enclosed packing papers. To coordinate/schedule deliveries, contact Bldg. 321 at 410-278-4406.

SUPERVISION OF EMPLOYEES

The Contractor's employees shall remain under the Contractor's direct supervision at all times. Although the Government will issue tasks and coordinate directions within the scope of the contract, detailed instructions for Contractor employees and supervision of individual workers shall remain the responsibility of the Contractor.

WORK HOURS

Normal work hours are from 7:45 A.M. through 4:15 P.M, Monday through Friday. Contractors will not be permitted to work on Saturdays, Sundays or legal holidays (or hours/days on which the installation is officially opening late, closing early, or is closed entirely, for any reason, unless otherwise authorized by the Contracting Officer. Furthermore, if the Contractor chooses to pay its' employees for these days, such costs shall not be charged as a direct expense to this contract. However, Saturdays, Sundays and legal holidays are included in computation of performance of this contract. The following legal holidays will be observed:

January 1st

3rd Monday of January

3rd Monday of February

Last Monday of May

July 4th

1st Monday of September

2nd Monday of October

November 11th

4th Thursday of November

December 25th

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government Agencies.

ID OF CONTRACTOR EMPLOYEES

IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties, are required to identify themselves as such. All contractor communications made in writing must clearly identify the author as a contractor employee. In contractor communications made via telephone or email (where it is impossible for the other party to view a contractor badge or know that they are not communicating with another Government employee), the contractor must clearly identify themselves as a contractor employee. All contractor email messages must contain the contractor name in full text.

If using ARL mailroom services, the contractor may utilize ARL office symbols only in combination with their contractor name. All name plates displayed on desks and door openings on Government facilities must also include the contractor’s corporate/business name.

ARL regulations are clear that identification badges shall be prominently worn by all personnel at all times while on Government property.

GOV’T-CONTRACTOR RELATIONSHIPS

GOVERNMENT-CONTRACTOR RELATIONSHIPS

a. The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under the contract between the Government and the contractor and/or between the Government and the contractor’s employees. It is therefore in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

b. Contractor personnel under this contract shall not:

(1) be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

(2) be placed in a staff or policy making position.

(3) be placed in a position of command, supervision, administration or control over DA Military or Civilian personnel, or personnel of other contractors, or become a part of the Government organization.

(4) be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of DA or the Civil Service Commission.

(5) be used in administration or supervision of military procurement activities.

c. Employee Relationships:

(1) The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the contractor’s employees will act and exercise personal judgment and discretion on behalf of the contractor.

(2) Rules, regulations, directions, and requirements which are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

EXCEPTIONS IN PROPOSAL

EXCEPTIONS OR CONDITIONS CONTAINED IN OFFEROR'S PROPOSAL

In the event the offeror takes any exceptions to, or sets any conditions for its proposal under the subject solicitation, such exceptions or conditions shall be set forth in a cover letter to the offeror's proposal.

TECHNICAL INFORMATION

(a) Offerors are required to submit technical information.

(i) "Technical Information", means clear and convincing evidence that the product(s) offered meet fully the specifications contained in Section C (e.g., cuts, illustrations, specifications, drawings, etc.). This information is required to establish, for the purpose of evaluation and award, details of the product(s) offered, and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of an offeror or for operating or maintaining equipment.

(ii) Technical Information must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of proposals.

(b) Failure of Technical Information to show that the product(s) offered conforms to the requirements of this solicitation may result in the proposal being determined unacceptable.

(c) Failure to submit Technical Information as required above may result in the proposal receiving no further consideration.

DEBRIEF OF UNSUCCESSFUL OFFERS

DEBRIEFING OF UNSUCCESSFUL OFFERORS

Proposals in response to this solicitation will be evaluated as set forth in Section M hereof. Any contract awarded as a result of this solicitation may be on a basis other than lowest price. After award is made, the Contracting Officer will provide a debriefing of unsuccessful offerors, upon their written request, to furnish the basis for the selection decision and contract award. (See FAR 15.506.)

INFO. OTHER THAN COST/PRICE

SUBMISSION OF INFORMATION OTHER THAN COST OR PRICING DATA

Cost or pricing data is not required, but the contracting officer has requested information to help establish price reasonableness or cost realism. Such information is not considered cost or pricing data, and shall not be certified in accordance with FAR 15.406-2.

1. The information must consist of data to permit the contracting officer and authorized representatives to determine price reasonableness, e.g., information to support an elemental analysis of material and other direct costs, information to support an elemental analysis of direct labor and overhead/indirect rates and/or information on prices and quantities at which the offeror has previously sold the same or similar items.

2. Any information submitted must support the price proposed. Include sufficient detail or cross references to clearly establish the relationship of the information provided to the price proposed. Support any information provided by explanations or supporting rationale as needed to permit the contracting officer and authorized representatives to evaluate the documentation. The offeror's own format is acceptable unless the contracting officer determines that use of a specific format is essential.

ADELPHI CONTR. DIVISION URL

ADELPHI CONTRACTING DIVISION WEBSITE

Offeror(s) may access the Adelphi Contracting Division website at: http://www.arl.army.mil/www/default.cfm?page=509

FOREIGN NATIONALS PERFORMING

FOREIGN NATIONALS PERFORMING UNDER CONTRACT

In accordance with Title 8 U.S.C. 1324A, local Foreign Disclosure Officers (FDOs) may approve access by foreign nationals working on unclassified public domain contracts for the duration of the contract, provided the foreign nationals have appropriate work authorization documentation.

Offerors who expect to employ foreign nationals in the anticipated effort shall submit with their proposals documentary evidence verifying employment eligibility of the foreign nationals in accordance with 8 CFR 274a.12. Offerors not employing foreign nationals in performance of any resultant contract may disregard this provision.

For further information, please contact: Army Research Laboratory

Adelphi Laboratory Center

ATTN: AMSRL-CS-IO-FI

2800 Powder Mill Road

Adelphi, MD 20783-1197

PAYMENT TERMS

Payment terms of less than net thirty (30) days are unacceptable. Offers conditioned upon such terms will not be considered for award.

PAST PERFORMANCE INFORMATION

Offerors shall submit the following information as part of its proposal:

A. A listing of the last two (2) contracts and/or subcontracts completed during the past three (3) years, including all contracts and subcontracts currently in process. Contracts listed may include those entered into with the Federal Government, agencies of state or local governments and commercial customers. However, more reliance will be given to: performance on contracts of a similar nature than those that are less similar; performance on prior agency or federal contracts than on those with state or local governments or private parties; and performance on more recent contracts than that on older contracts. Offerors without prior contracts experience should list contracts and subcontracts as required above for all key personnel. Include the following information for each contract and subcontract:

1. Name of contracting activity

2. Contract number

3. Contract type

4. Total contract value

5. Synopsis of contract effort

6. Contracting officer and telephone

7. Program manager, PATR, or COR name and telephone

8. Administrative contracting officer name and telephone, if different from #6

9. List of major subcontractors

B. The offeror may provide information on problems encountered on the contracts and subcontracts identified in "A" above and corrective actions taken to resolve those problems. Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references.

C. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. Identify what segment of the company (one division or the entire company) received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply.

D. Each offeror will be evaluated on its performance under existing and prior contracts for similar products or services. Performance information will be used in responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. References other than those identified by the offeror may be contacted by the Government, with the information received to be used in the evaluation of the offeror's past performance.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: http://farsite.hill.af.mil/vmfara.htm DFARS: http://farsite.hill.af.mil/vmdfara.htm

52.252-2 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: http://farsite.hill.af.mil/vmfara.htm DFARS: http://farsite.hill.af.mil/vmdfara.htm