B08 - W911QY-19-R-0026 Amendment 0008 Conform.pdf

SEE ADDENDUM

(No Collect Calls)

W911QY19R0026 05-Jul-2019

b. TELEPHONE NUMBER

508-206-2041

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 30 Aug 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 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.

W911QY9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MATTHEW BUCHANAN

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W6QK ACC-APG NATICK

CONTRACTING DIVISION

BLDG 1 GENERAL GREENE AVENUE

NATICK MA 01760-5011

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

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

508-233-5700FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

315210

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 OF75

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.

W911QY19R0026

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

The US Army Contracting Command - Aberdeen Proving Ground, Natick Contracting Division (ACC-APG, NCD) has a requirement for the purchase of a commercial modular and scalable hand wear protection while operating in environments with temperature ranges from 40 to -60 degrees and with varying types of cold weather to include wet cold and dry cold and high winds.

The North American Industry Classification System (NAICS) code is 315210 (Apparel Manufacturing, Cut and Sew Apparel)) and the size standard is 750 employees. Offerors are strongly urged to add NAICS code 315210 in the Government's System for Award Management (SAM) at www.sam.gov.

ECONOMIC QUANTITY DISCOUNTS

The contractor may offer an economic quantity discount for purchases in excess of certain amounts (as specified by the Contractor). Should the Government issue delivery orders within 60 days* of each other and final delivery has not occurred, the delivery order will be issued reflecting the economic quantity pricing for the total quantity of all relevant delivery orders. All affected delivery orders will be subsequently modified to reflect the lower economic quantity pricing. The Contractor is encouraged to make early and partial delivery of items at no additional cost to the Government.

*NOTE: The first 60-day period begins when the first delivery order is issued to the Contractor after award of the contract. Delivery orders issued within that 60-day period will reflect the economic quantity pricing as described above but may not be utilized to begin another 60-day period. Subsequent 60-day periods begin when a delivery order is issued after the expiration of the previous 60-day period.

If applicable, the contractor's following Quantity Discounts shall apply:

CLIN QUANTITY PRICE

001 0 to $ to $

CLIN QUANTITY PRICE

002 0 to $

ATTACHMENTS AND EXHIBITS

List of Addenda Title Date Number of Pages

Exhibit A CDRL A001: Patterns and Specifications 1 Sep 2017 2 Attachment 0001 Peckham General Vendor Shipping Instructions 31 Mar 2019 5 Attachment 0002 Small Business Participation Commitment Document 2 Jul 2019 5

Cold Weather Glove System Solicitation Questions and Answers 29 August 2019

Question 1

Would the Government consider adding 252.225-7015 Technical data – Commercial items or any other data rights clauses the Government deems appropriate for this solicitation?

Answer

The Government has added DFARS 252.227-7015 Technical data - Commercial items to this solicitation.

Question 2

It is important for offerors to understand the data rights required by the contract when providing an offer to the Government. Can the Government please explain what is meant by its Answer to Question 3 of Amendment 0003, specifically that “[a]t this time, data and rights transfer is unknown”?

Answer

To provide additional clarification: providing the patterns and specifications under Line Item 0003 will be used to specify the approved CAGE and Part No. for the CWGS and its components in future procurements. Any data and rights transfer in the future would be addressed at such time a sustainment contract is solicited/awarded.

Question 3

What data rights does the Government expect to receive with respect to the patterns and specifications required by CDRL A002?

Answer

See DFARS 252.227-7015 Technical data - Commercial items

20 August 2019

Question 1

We would like to understand if bidders are expected to complete the Min/Max quantity and value on individual orders placed under the contract on Page 6 of the solicitation or, as we believe, this was to be completed by the Government. No further amendment requested, just need to understand what is expected.

Answer

Offerors are not expected to complete the Min/Max quantity and value on individual orders placed under the contract on page 6 of the solicitation. The CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE is will be identified at the individual delivery order level.

Question 2 Item 0003 in CWGS Solicitation W911QY-19-R-0026 requires the offeror to deliver all data, reports and deliverables specified in Exhibit A - Patterns and Specifications, as set forth in CDRL A001: Patterns and Specifications. The CDRL included in Exhibit A is identified as A002 in Block A. Should this not be A001 as referenced under Item 0003 on Solicitation Page 5?

Answer

The CDRL has been corrected to A001.

Question 3

Block 16 Remarks of CDRL A001 (A002) includes an explanation that the Patterns and Specifications are necessary for future sustainment of the CWGS by DLA. Does providing these patterns and specifications under Item 0003 mean that DLA will use them as Government Technical Data Packages for future purchases of the CWGS and its components, or will this data be used solely to specify the approved CAGE and Part No. for the CWGS and its components in future procurements? Does providing these patterns and specifications to the Government at the quoted price under Item 0003 represent a data and rights transfer?

The Government intends to sustain CWGS through performance specification(s). Should the design of the final material solution(s) be found to be a key capability to meet performance, the Government will need patterns to ensure CWGS sustainment quantities can meet performance specifications.

At this time, data and rights transfer is unknown.

On Page 15 of Amendment 0001 describing the Phase 2 Evaluation Criteria, Paragraph b. 4) states that “The CWGS shall have waterproof capability in the temperature range of 40F to -40F”. This is a new requirement, which is not stated in the updated Salient Characteristics on Pages 25-27 of Amendment 0001.

Answer

Waterproof capability was stated in the original RFP. The Government further clarified this requirement to communicate the CWGS Threshold temperature ranges.

Question 4 Can you confirm that Amendment 0001 removes the Overwhite requirement that was in the original solicitation salient characteristics?

Answer The Government will accept Phase 1 and Phase 2 assets constructed in a color from the current or project palette of camouflage colors.

Question 5 Can black fabric be used for any of the Qty 12, Phase II Products?

Yes.

8 August 2019

Question 1 On Page 12 of Amendment 0001 under Volume VII: Price Quote for Limited User (LUE) Assets, the second sentence under Paragraph a. states as follows: "The system shall be in Coyote brown". This is a new requirement, and appears to apply to every component in the CWGS. There is no color requirement in the Addendum to FAR 52.212-4 CWGS Salient Characteristics on Pages 25-27 of the amendment, nor in the Salient Characteristics set forth in the original solicitation.

The materials for the liners and the other components of proposed CWGS are not readily available in Coyote brown color and cannot be provided for timely delivery of LUE Assets following Phase 1 and Phase 2 Evaluation.

These component can be provided in Coyote Brown and other color options for a formal contract award following evaluation of LUE Assets, but not for the short 30-day delivery period required for the LUE Assets.

Answer

The Government requirement for Coyote Brown is not a factor that shall exclude a vendor from LUE if vendor cannot provide assets in that color. LUE assets shall be constructed in a color from the current or projected palette of camouflage colors (excluding black as the dominant color). Coyote Brown required for production contract of the Program of Record assets. Color will not be evaluated until post-contract award.

Question 2

On Page 13 of Amendment 0001 describing the Phased Evaluation Approach, the third sentence under Paragraph i.

Phase 1 states as follows: "A PDS consists of a combination of a five finger glove or gloves, and a mitten or mittens which comprise a modular and scalable cold weather glove system. The apparent requirement for a five finger glove component of the CWGS is new, and unnecessarily restrictive so long as the system meets all of the salient characteristics set forth in Amendment 0001.

Answer

The Government’s intent is to not restrict vendors in the design of their modular and scalable CWGS. A PDS can consist of any combination of a five finger glove or gloves and/or a mitten or mittens.

REVISION TO THE SEQUENCE OF EVENTS

Due to schedule constrainst the sequence of events as described in 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (d) Sequence of Events During Proposal Evaluation, the government revised the phased evaluation approach to combine the Phase II and Phase III evaluation. All 212 planned test assets were procured for both evaluation phases for all offerors in the competitive range. The establishment of a second competitive range was not necessary as Phase II and III were combined.

DELIVERY ORDER COMPETITION

In accordance with FAR 16.504, the Government guarantees that each successful offeror will receive at least the stated minimum amount specified in Contract Minimum/Maximum Quantity and Contract Value of the RFP at the time of contract award. CLIN and quantities will be awarded at the Contracting Officer's discretion to satisfy the contract minimum requirements. The maximum amount may be achieved through the issuance of a single or combination of orders at any time during the ordering periods, subject to the delivery order limitations established in Section I of this contract.

In the event of multiple awards, awardees will be provided a fair opportunity to be considered for each order.

Delivery order competitions will be conducted in accordance with FAR Part 16 procedures and will be conducted as best value tradeoff. The Government will provide the relative importance of the evaluation criteria. In the event of multiple awards, the Contractor whose delivery order proposal is determined to be the best value to the Government will receive the highest percentage of the overall delivery order in accordance with the distribution identified in each delivery order competition instructions.

The evaluation criteria identified herein will be considered by the Contracting Officer. Their relative importance may change dependent upon the circumstances of the Government's requirements at the time of delivery order competition. The Government will provide the relative importance of each factor.

The Offeror’s proposal will be evaluated using the factors shown in subparagraph (1) through (3) below to obtain the best value for the Government. The Offeror whose delivery order has been determined to be the best value for the Government will receive the highest percentage of the award. An example of a potential percentage breakdown for delivery order competitions is shown below:

Number of Awardees Percentage of Award

1 100% 2 70% / 30% 3 50% / 30% / 20%

The Contracting Officer reserves the right to alter the Percentage of Award after receipt of delivery order proposals.

The rationale will be documented in the delivery order file. Therefore, Offeror(s) are encouraged to propose their most favorable delivery schedule and pricing during delivery order competitions. In no case will a delivery order be awarded at a higher price than imposed by the basic contract.

Broad discretion will be exercised by the Contracting Officer, who will consider the following factors in the placement of orders:

Quality of deliverables Past performance Price competition

Delivery order competitions will be conducted electronically. Offeror(s) proposing different prices from that which are stated in the basic contract will be required to submit signed offers prior to award of the order. Unsuccessful Offeror(s) on individual orders over $5.5M may request a debriefing from the Contracting Officer in accordance with FAR 16.505(b)(iv)(E). Delivery Order competitions are only protestable in accordance with FAR 16.505(a)(10)(i), which states no protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for—

(A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(B) A protest of an order valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.

Any change to the protest threshold above in either the FAR or one of its supplements will result in a unilateral modification to this contract to update the above threshold accordingly.

Not all prospective Offeror(s) are entitled to an award on each of the Government’s delivery order requirements.

The number of delivery orders issued will be based upon the Contracting Officer’s determination of the best value to the Government, as described above.

For this acquisition, the base contract proposals and awards shall be considered delivery order competition for the issuance of the initial delivery orders. The Offeror whose proposal has been determined to be the best value for the Government will receive the highest percentage of the award.

SOLICITATION AMENDMENT 0008 – CLARIFICATION

The purpose of this amendment is to clarify the Army no longer has the need for or resources to conduct Phase III testing. Although Phase III testing was conducted on the initial samples received prior to the corrective actions taken in response to the prior GAO protests, the Army no longer has the need for or resources to conduct Phase III testing on any offeror’s revised PDS’s or PDS resubmissions submitted after the Army reopened discussions in response to the prior protests. Because the Army previously permitted the revision of PDSs as part of the reopening of discussions for Phase II, the prior Phase III results will also not be considered when making the award decision.

The Army has completed the Phase II evaluation and discussions regarding Phase II. The Army does not anticipate any further discussions and does not intend to conduct additional testing. However, given the amendment to the solicitation to eliminate Phase III, the Army requests any revisions to written proposals by 5PM, EST 23 September 2021 from those offerors previously notified that they were part of the competitive range following the conclusion of the Phase II re-testing/re-evaluation on 10 May 2021.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

Cold Weather Glove System

FFP

The Offeror shall propose pricing for a complete CWGS in accordance with Addendum to FAR 52.212-4 Salient Characteristics. Pricing shall include quantity discounts, if applicable. Offerors shall complete the Economic Pricing Discount Section, Stepladder Pricing, which will constitute their pricing proposal for this

CLIN.

FOB: Destination

PSC CD: 8415

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

Cold Weather Glove System (CWGS) - Spare

FFP

The Offeror shall propose pricing for each component of the CWGS in accordance with Addendum to FAR 52.212-4 Salient Characteristics. Pricing shall include quantity discounts, if applicable. Offerors shall complete the Economic Pricing Discount Section, Stepladder Pricing, which will constitute their pricing proposal for this CLIN.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED

CDRL A001: Patterns and Specifications

FFP

The offeror shall deliver all data, reports, and deliverables specified in Exhibit A - Patterns and Specifications (CDRL A001)

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

200.00 $0.00 $49,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2018

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989 52.212-3 Offeror Representations and Certifications--Commercial

Items

OCT 2018

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2018-O0018) AUG 2018 52.219-9 Alt II (Dev)

Small Business Subcontracting Plan (Deviation 2018-O0018)

- Alternate II

AUG 2018

52.219-13 Notice of Set-Aside of Orders NOV 2011 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-18 Notification Of Competition Limited To Eligible 8(a)

Participants

JAN 2017

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture AUG 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.232-18 Availability Of Funds APR 1984 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.216-7006 Ordering MAY 2011 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) MAY 2019 252.219-7004 Small Business Subcontracting Plan (Test Program) APR 2018 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7013 Duty-Free Entry--Basic MAY 2016 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.247-7023 Alt II Transportation of Supplies by Sea (FEB 2019) Alternate II FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN QUANTITY DELIVERED WITHIN DAYS AFTER RECEIPT OF DELIVERY ORDER

ALL CLINs 3,500 CWGS due 90 days after issuance of delivery order, an additional 3,500 each due every 30 days thereafter for twelve (12) months. The Government anticipates funding increases and therefore, production schedule may increase. Surge capacity of 5,000 CWGSs every 30 days will be due until completion of delivery order.

CDRLs In accordance with the CDRL requirements.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

CLIN QUANTITY DELIVERED WITHIN DAYS AFTER RECEIPT OF DELIVERY ORDER

ALL CLINs each due days after issuance of delivery order, an additional each due every days thereafter until completion of delivery order.

CDRLs In accordance with the CDRL requirements.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

Addendum to FAR 52.211-8

Cold Weather Glove System Delivery Location

The primary delivery address for production items is:

Peckham Vocational Industries, Inc.

7100 Millet Highway Lansing, MI 48917 DoDAAC: W912H7

Please see Attachment 0001, Peckham General Vendor Shipping Instructions

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 750 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

ADDENDUM TO FAR 52.212-1

(a) GENERAL PROPOSAL INFORMATION

i. Period For Acceptance of Offers

Proposals shall be valid for 445 days after the proposal due date.

ii. Questions

Questions concerning this solicitation shall be submitted to Trisha Scott at trisha.r.scott.civ@mail.mil no later than fourteen (14) days after issuance of the solicitation. The subject line of the e-mail shall contain the solicitation number for reference. The Government will answer all questions received within fourteen (14) days of the solicitation release through the issuance of a solicitation amendment. Questions received after the deadline may not be answered prior to proposal submission. The Government does not anticipate extending the closing date for receipt of offers. Phone calls will not be accepted.

iii. Proposal Delivery Instructions

Proposals are due NLT 1:00PM EST, 30 August 2019 and should be submitted electronically in Adobe PDF and/or Microsoft Office (Word/Excel) via e-mail to both the POCs below:

Procuring Contracting Officer:

Matt Buchanan 703-223-1847 matthew.r.buchanan6.civ@mail.mil

Contract Specialist Trisha Scott 508-654-5916 trisha.r.scott.civ@mail.mil

Performance Demonstration Samples (PDS) and material samples for Phase 1 shall be submitted to the following address:

Product Manager, Soldier Clothing and Individual Equipment ATTN: Suzanne Horner 5981 13th Street Building 1155 Ft. Belvoir, VA 22060-5800

iv. The Government anticipates this solicitation will result in the award of multiple

Indefinite-Delivery-Indefinite-Quantity (IDIQ) contracts, however reserves the right to award none or one (1) as a result of this solicitation based upon the Contracting Officer's sole business judgment. The ordering period is three (3) years.

v. As a means to maximize small business participation for this requirement, the

Government may reserve one (1) or more awards for small businesses.