Bulk_LN2,_Solicitation,_W911S6-19-Q-0010,_DPG,_14Aug2019.pdf

SEE ADDENDUM

(No Collect Calls)

W911S619Q0010 14-Aug-2019

b. TELEPHONE NUMBER

435-831-2094

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 28 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.

W911S69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARK S. PRATT

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W911S6 - DPG MICC

5330 VALDEZ CIR

MS 1 CCMI-CHD-DP

DUGWAY UT 84022-5001

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 W909NB 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DUGWAY PROVING GROUND

RICHARD PHAN

5330 VALDEZ CR MS #1

DUGWAY UT 84022

TEL: 435-831-7332 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325120

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

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.

W911S619Q0010

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 30,000 Gallon LN2 GAS Base Odering Period

FFP

BULK LIQUIID NITROGEN AT 99.999% PURITY

Delivery date period 9/20/2019 - 3/31/2020

SEE ORDERING INSTRUCTIONS FULL TEXT BELOW. The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx SHIP VIA: Best Way ( Shippers Option)

PSC CD: 8120

NET AMT

0002 6 Each LN2 DELIVERY CHARGE-Base Odering Period

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 9/20/2019 - 3/31/2020

The government reserves the right to order a lesser amount than specified in the quantity for gallons and delivery/shipment due to unpredicted usage FOB: Destination ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

1001 60,000 Gallon LN2 GAS Odering Period 1

FFP

BULK LIQUIID NITROGEN AT 99.999% PURITY

Delivery date period 4/1/2020 to 3/31/2021

SEE ORDERING INSTRUCTIONS IN FULL TEXT BELOW. The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

1002 12 Each LN2 DELIVERY CHARGE-Odering Period 1

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 4/1/2020 to 3/31/2021

The government reserves the right to order a lesser amount than specified in the quantity for gallons and delivery/shipment due to unpredicted usage FOB: Destination ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

2001 60,000 Gallon LN2 GAS Odering Period 2

FFP

BULK LIQUIID NITROGEN AT 99.999% PURITY SEE ORDERING

INSTRUCTIONS IN FULL TEXT BELOW.

Delivery date period 4/1/2021 to 3/31/2022

The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

2002 12 Each LN2 DELIVERY CHARGE-Odering Period 2

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 4/1/2021 to 3/31/2022

The government reserves the right to order a lesser amount than specified in the quantity for gallons and delivery/shipment due to unpredicted usage FOB: Destination ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

3001 60,000 Gallon LN2 GAS Odering Period 3

FFP

BULK LIQUIID NITROGEN AT 99.999% PURITY SEE ORDERING

INSTRUCTIONS IN FULL TEXT BELOW.

Delivery date period 4/1/2022 to 3/31/2023

The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

3002 12 Each LN2 DELIVERY CHARGE-Odering Period 3

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 4/1/2022 to 3/31/2023

The government reserves the right to order a lesser amount than specified in the quantity for gallons and delivery/shipment due to unpredicted usage FOB: Destination ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

4001 60,000 Gallon LN2 GAS Odering Period 4

FFP

BULK LIQUIID NITROGEN AT 99.999% PURITY SEE ORDERING

INSTRUCTIONS IN FULL TEXT BELOW.

Delivery date period 4/1/2023 to 3/31/2024

The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

4002 12 Each LN2 DELIVERY CHARGE-Odering Period 4

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 4/1/2023 to 3/31/2024

The government reserves the right to order a lesser amount than specified in the quantity for gallons and delivery/shipment due to unpredicted usage FOB: Destination ADDITIONAL MARKINGS: Mark all Items W911S6-19-P xxxx

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-MAR-2020 30,000 DUGWAY PROVING GROUND

RICHARD PHAN

5330 VALDEZ CR MS #1

DUGWAY UT 84022

435-831-7332 FOB: Destination

W909NB

0002 31-MAR-2020 6 (SAME AS PREVIOUS LOCATION)

1001 31-MAR-2021 60,000 (SAME AS PREVIOUS LOCATION)

1002 31-MAR-2021 12 (SAME AS PREVIOUS LOCATION)

2001 31-MAR-2022 60,000 (SAME AS PREVIOUS LOCATION)

2002 31-MAR-2022 12 (SAME AS PREVIOUS LOCATION)

3001 31-MAR-2023 60,000 (SAME AS PREVIOUS LOCATION)

3002 31-MAR-2023 12 (SAME AS PREVIOUS LOCATION)

4001 31-MAR-2024 60,000 (SAME AS PREVIOUS LOCATION)

4002 31-MAR-2024 12 (SAME AS PREVIOUS LOCATION)

ORDERING INSTRUCTIONS

Ordering Instructions for Bulk Liquid Nitrogen

1) This requirement is for the purchase and delivery of bulk liquid nitrogen (LN2) for two Government owned 3,000-gallon bulk LN2 gas tanks to the Chemical Test Division at Dugway Proving Ground, Dugway UT.

2) Bulk LN2 delivery; provide up to approximately 6,000 gallons per fill every 30 days approximately to two Government owned tanks located at the Chemical Combined Test Facility (CCTF) and Material Test Facility (MTF), Dugway, Utah, or approximate twelve deliveries per year. (Historical the government has used between 2,000 to 2,500 gallons per tank per month).

3) Inspect, fill, and report any deficiency with the tank, overpressure and fill system, and any other safety items to the assigned Government point of contact (COR).

4) Delivery Invoice; the contractor shall provide a written invoice for each delivery. The invoice shall have a unique company tracking number, DPG account number, delivery date, minimum at 99.999% purity certification, quantity delivered.

5) Delivery shall be within 7 working days after receipt of the Government’s request for delivery.

6) The contract schedule is as follows:

Base period: Sept 20, 2019 to March 20, 2020 Ordering Period 1: March 21, 2020 to March 20, 2021 Ordering Period 2: March 21, 2021 to March 20, 2022 Ordering Period 3: March 21, 2022 to March 20, 2023 Ordering Period 4: March 21, 2024 to March 20, 2025.

7) The Government reserves the right to modify the contract for purchasing a more than twelve deliveries per year.

AT/OPSEC

4.5 OPSEC Standing Operating Procedure/Plan: The government shall provide the contractor with the ATEC’s OPSEC Plan per AR 530-1, Operations Security. All contractors and subcontractors will abide by the ATEC’s SOP. This Plan will include the Government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it.

a. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within

30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. 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 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil

b. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

c. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

d. 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 locally 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 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

e. For contracts that require 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. OPSEC Awareness for Military Members, DoD Employees and Contractors is available at the following website:

http://cdsetrain.dtic.mil/opsec/index.htm

LOCAL SITE INFORMATION

FOREIGN VISITORS/EMPLOYEES

Contractors with valid U.S. government contracts will be allowed to hire non U.S. citizens to work at or visit U.S.

Army Dugway Proving Ground (DPG) during performance of the contract. Contractors shall adhere to the following process. A list of foreign national employees shall be provided to the DPG Counterintelligence, Law Enforcement, and Security Offices at least five (5) working days prior to arrival on post. A copy of the list shall also be submitted to the Contracting Officer or an appointed Contracting Officer’s Representative (COR). The list will contain name, nationality, green card and social security number, date of birth, driver’s license number and state where issued. The Contractor shall also list the date(s) foreign nationals will be on post. If a sensitive test or visit is scheduled during the dates provided, the Counterintelligence Office will inform the Contractor whether the work/visit may take place. Employees will not be allowed on Post until verification process is complete. Once verification has been received, the Counterintelligence Office is responsible to provide the Protocol Office the following information for badge preparation: Name, Company and Point-of-Contact. The Contracting Officer or COR will be responsible to pick-up the badges and holders, issue them to the visitor and return them at the end of the visit.

SECURITY BADGES AND/OR PROTECTIVE MASKS

The prime contractor is responsible for security badges and/or protective masks issued to their employees and/or employees of their subcontractor(s). A designated representative (being an officer or supervisor of the prime contractor) shall co-sign for each individual when obtaining the required item(s). Additionally, the contractor shall provide to the Contracting Officer or the appointed Contracting Officer’s Representative (COR) a list of employees requiring masks/badges under the awarded contract prior to initiation of work. The Contractor shall be required to submit a “certificate of return” for all masks/badges from the cognizant office(s), to the Contracting Officer or the COR. For item(s) not returned, the replacement cost of the items will be deducted from the invoice or the Contractor will be invoiced if the replacement cost exceeds the amount due the Contractor.

SAFETY AND ACCIDENT PREVENTION

During performance of work on the installation, the Contractor shall conform to all safety rules and requirements issued by the Dugway Safety Office. The Contractor shall take all reasonable steps and precautions to prevent accidents, and preserve and protect personnel and property. Any violations of established safety and accident prevention rules and regulations may be grounds for termination of this contract.

LOCATION OF US ARMY DUGWAY PROVING GROUND

U.S. Army Dugway Proving Ground is located in a remote area. The main gate is approximately 90 miles southwest of Salt Lake City, Utah. Contractors may be required to travel up to 150 miles one way from Salt Lake City to reach some work sites.

CONTRACTOR ACCESS TO DPG

Access to U.S. Army Dugway Proving Ground (DPG) requires that Contractor employees voluntarily submit personal data (e.g., name, social security number, etc.) when applying for a DPG Identification Card or temporary access pass. This information is routinely used by DPG Law Enforcement and Security personnel to conduct drivers license and criminal history / background checks. Adverse information revealed by such checks (e.g., outstanding criminal warrants, criminal history indicating a potential risk to DPG Installation security, or similar negative information indicating a potential security and/or Law Enforcement risk to DPG), may result in a denial of access and/or reentry to U.S. Army Dugway Proving Ground.

Delays caused by any adverse employee information do not constitute a basis for claim by the Contractor. It is the Contractor’s responsibility to assure all personnel scheduled to work on the installation have acceptable backgrounds.

NORMAL WORK HOURS

U.S. Army Dugway Proving Ground operates on a four (4) day work week, Monday through Thursday, from 7:00 A.M. to 5:30 P.M. (local time) except for Federal Holidays. Deliveries will be accepted on regular scheduled work days between 7:00 A.M. and 4:30 P.M. (local time). The following Federal Holidays are observed:

(a) January 1st (f) 1st Monday in September

(b) 3rd Monday in January (g) 2nd Monday in October

(c) 3rd Monday in February (h) November 11th

(d) Last Monday in May (i) 4th Thursday in November

(e) July 4th (j) December 25th

When any of the above holidays fall on a Sunday, the following Monday will be observed as the holiday; when a holiday falls on a Friday or Saturday the preceding Thursday is observed as the holiday.

OSHA STANDARDS

Manufacturer or supplier must ensure that all OSHA standards applicable to that which is being purchased are complied with.

Hazardous Materials: Applies to contracts providing services to the installation and that will be buying and using hazardous materials "The Contractor shall participate as a member of DPG's hazardous materials management program and tracking system (currently called Enterprise Environmental, Safety and Occupational Health - Management Information System (EESOH-MIS)). The Contractor shall indicate ordered and decremented hazardous material in EESOH-MIS.

The Contractor shall barcode label all hazardous material via the DPG Logistics Readiness Center (LRC) Central Receiving Point (CRP) or the contractor's own Shop. The Contractor shall provide EESOH-MIS data call information when requested. The Contractor shall provide copies of Safety Data Sheet (SDS) (formerly Material Safety Data Sheet (MSDS)) in hard copy or electronic format when requested. The Contractor shall complete a System Authorization Access Request (SAAR) Form and Portal ID Registration for each user of the EESOH-MIS system. The Contractor shall complete the EESOH-MIS training for purchasers and end users of hazardous material.

The Contractor shall provide ongoing data input into the EESOH-MIS internet-based information system."

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

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 252.225-7036 Alt I Buy American--Free Trade Agreements--Balance of

Payments Program--Alternate I (Dec 2017)

DEC 2017

252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 325120.

(2) The small business size standard is 1,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

(End of provision)

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 500 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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

A responsible offeror shall be cabable of meeting delivery times to Dugway Proving Ground, Dugway, Utah. Dugway is approximately 100 miles west from the central area of the Wasatch Front (Salt Lake City/Provo/Ogden). Offerors must validate delivery method to meet the delivery schedule. If a subcontractor is intended to perform any portion of this requirement, that information must be provided in a subcontracting plan and approved by the contracting officer. There is no allowable risk for deliveries.

The government will award to the lowest PRICED offeror.The Government will evaluate offers for award purposes by adding the total price for all ordering periods. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

The government intendes to award with out negotiations.

(c) 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.

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

(C) Affected line item or…