W91QF520R0005 SF1449 Solicitation 20200617.pdf

SEE ADDENDUM

(No Collect Calls)

W91QF520R0005 17-Jun-2020

b. TELEPHONE NUMBER

804-734-4629

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 02 Jul 2020

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.

W91QF59. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRANDON NILE JOHNSON

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

0011458559

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

MICC FORT LEE

1830 QUARTERMASTER ROAD, BLDG 7124

FORT LEE VA 23801 1606

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 W56V7H 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ORDNANCE SCHOOL WMTD

U.S. ARMY ORDNANCE SCHOOL

CENTRAL RECEIVING POINT

1030 REAR ACCESS ROAD BLDG 6242

FT LEE VA 23801-6000

TEL: 804-734-4677 FAX:

804 734 4633FAX:

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 OF33

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Compressed Gases Delivery

FFP

Compressed Gases Delivery See Section C-5.3.1 of PWS FOB: Destination

PURCHASE REQUEST NUMBER: 0011458559

PSC CD: 8120

NET AMT

0002 1 Job Compressed Gas Cylinder and Gas Systems

FFP

Compressed Gas Cylinder and Gas Systems Maintenance See Section C-5.2.2 of

PWS

FOB: Destination

0003 1 Job

CMR

FFP

Contract Manpower Report completion in accordance with PWS para C-5.4 Deliverables

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Price List

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

SOLICITATION

Requirement: The US Army, MICC Fort Lee, has a requirement for gas cylinder support. The Government owns approximately 600 cylinders and three bulk tanks consisting of the following gases: Acetylene, Oxygen, Argon, CO2, Propane, Nitrogen, AR/CO2, R134, R22, R410, R407, and R404. The contractor shall provide Acetylene (1,600 cubic feet) and approximately 160 MC- 10 cylinders to the Tactical Support Equipment Training Department (TSED).

Set-Aside: The applicable NAICS for this RFQ is 325120 – Industrial Gas Manufacturing with a Size Standard of 1,000 Employees. This requirement is a total small business set-aside FAR 19.502-2.

RFQ Details: The Government intends on awarding a Single Award Blanket Purchase Agreement (BPA) as a result of this solicitation. The ordering period will be for three (3) years, from July 2020 through July 2023.

RFQ Questions: All questions must be emailed to the Contract Specialist, received no later than 4:00 PM EDT on 24 June 2020. No telephonic request(s) or questions will be entertained. All questions and responses will be through email. The email address for submission of all questions is: brandon.n.johnson24.civ@mail.mil Quotes: In accordance with FAR 12.301(c)(2) quotes must, at a minimum contain the following information:

1. Quote – Vendors shall submit their quotes in writing which clearly indicates company information and clearly documents a completed prices list (See Attachment 1 – Price List. All submitted quotes shall be signed and dated on or before the specified closing of this solicitation.

2. Quotes will only be accepted through e-mail. All quotes must be received no later than 4:00 PM EDT on 2 July 2020. Email quotes to: brandon.n.johnson24.civ@mail.mil

3. Quote Content – As a minimum the quote must contain:

3.1. DUNS: The vendor's active Data Universal Numbering System number as verified in the Government's System for Award Management (SAM) database. In accordance with Federal Acquisition Regulation (FAR) 4.1102(a) prospective contractors shall be registered in the System for Award Management (SAM) database prior to award of agreement(s). FAR 4.1201 states in part that prospective contractors shall update the Representations and Certifications submitted to SAM as necessary, but at least annually, to ensure they are kept current, accurate, and complete.

3.2. NAICS: Vendor acknowledgement that the North American Industry Classification System number indicated in this document is included in the vendor's Representations and Certifications as verified in the Government's System for Award Management's (SAM) database;

3.3. Point of Contact: Clearly indicate the name of the vendor's representative and their point-of-contact information;

3.4. Price: Clearly document the requested pricing information, as well any applicable discounts.

Attachment 1 price sheet details sheets for pricing on materials and services. Provide price per unit cost based upon the estimated annual usage in the compressed gases list (exhibit 2a).

Provide a maximum price per response based upon the product/um/container, and associated PWS maintenance/repair schedule (exhibit 2b).

3.5. Signature and Offer Date: Clearly sign and date the quote, as well as stating the expiration of the quote (as a minimum quotes must be valid for 45 days);

3.6. General: The quoter shall include a statement specifying the extent of agreement with all terms, conditions, provisions, and clauses included in this solicitation. To include payment/BPA calls via Government purchase card up to $25,000.00.

3.7 Technical: The quoter must supply a technical factor submittal (see following comparative evaluation requirement) to be considered for award.

Comparative Evaluation/Basis for Award

(a) In accordance with FAR 13 Simplified Acquisition Procedures, the Government will award a contract from this solicitation to the responsible quoter on a comparative basis whose quote conforms to the solicitation and represent the best overall value to the government.

(b) In order for a quote to be eligible for award, the quoters submitting a quote must have the NAICS Code 325120 – Industrial Gas Manufacturing and has a current registration in the System for Award Management (SAM): https://www.sam.gov/ at submission of quote. SAM will be checked to verify the quoter’s status before any evaluation is conducted.

(c) The Government intends to make award selection without clarifications, but may determine after evaluating the quotes submitted that clarifications are necessary and conduct them as appropriate. The

Government reserves the right to make no award if no quotes meet the requirements of this solicitation.

(d) The government will conduct a comparative assessment of quoters responses based upon the following criteria:

Delivery – Quoters clearly demonstrates in its response a clear understanding of the response timeline (24 hour telephonic response) for quoter to contact government to schedule repairs in accordance with PWS. Contractor must deliver and or pick-up cylinders as requested at time of BPA Call. Quoter provides a clear and effective approach in providing the required services within the timelines.

Experience: Quoters will provide examples of their prior experience in performing the same or similar type of work, considering such matters as listed in the PWS. The Government is interested in examples which contain salient points such as maintenance and repair, response time satisfaction, and supply order fulfillment.

Past Performance: Quoters must have a record of satisfactory or neutral past performance. If no record of past performance is found the quoter will receive a rating of neutral. The Government will utilize internal documentation including Federal Awardee Performance and Integrity Information System (FAPIIS) and Past Performance Information Retrieval System (PPIRS) for determining the Past Performance of quoters.

(e) The Government will review the price schedule for completeness and accuracy and will evaluate the reasonableness of the quoted prices. Normally, adequate price competition establishes a fair and reasonable price. Government reserves the right to award to a quoter with other than the lowest price. Award will be made to the quoter whose quote represents the best overall value to the government.

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Compressed

Gases Maintenance/Repair

C-1. GENERAL INFORMATION

C-1.1 Introduction: This is a non-personal services Blanket Purchase Agreement (BPA) contract to provide delivery of selected compressed gases and to provide maintenance and repair of compressed gas cylinders, gas systems.

C-1.2 Background: USA-Ordnance School has nine different training divisions that require compressed gases in order to conduct training. The requirement for the selected services and supplies have been previously contracted under a contract for the past five years at Fort Lee, VA.

C-1.3 Objectives: Procure compressed gases supplies and equipment maintenance for gas equipment in support of Army and Marine Corps functional training and other Ordnance School requirements to include special fabrication and repair projects.

C-1.4 Scope of Work:

C-1.4.1: The Contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support maintenance and repair of compressed gas cylinders and compressed gas systems located at USA- Ordnance School, Fort Lee, VA.

C-1.4.2: Not Used

C-1.4.3: The Contractor shall acquire and deliver compressed gases for use by the Ordnance School’s nine training divisions.

C-1.5 Period of Performance: This Blanket Purchase Agreement (BPA) contract will include a three (3) year ordering period for thirty-six (36) months. The Period of Performance shall read as follows:

Base Year: July 2020 thru July 2023

C-1.6 Place of Performance:

C-1.6.1 Compressed Gases: Pick-up of empty cylinders and delivery of compressed gases by cylinder or by bulk to be provided simultaneously as required at multiple locations on Fort Lee, Virginia (to include at the Recovery Range on River Road and on the Ordnance Campus, buildings 18029 -18041).

C-1.6.2 Not Used

C-1.7 Program Manager/Contractor Point of Contact: The Contractor shall provide a single point of contact/ Program Manager (PM), responsible for performance of the contract. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the KO and COR. The PM or alternate shall have full authority to commit resources and make decisions for the Contractor. The PM shall coordinate all aspects of the contract through the COR. The PM shall provide quality control of all deliverables, manage contract costs and provide for mission accomplishment within delineated timeframes.

C-1.8 Quality Assurance: The Contractor shall alert the Contracting Officer (KO) and Contracting Officer’s Representative (COR) of any Government requested changes to this PWS that will impact scope (schedule/cost). Prior to execution of any changes which impact scope, the contractor shall seek approval from the COR and KO. The contractor shall not perform any services beyond what is specified in the PWS until a modification to the contract has been executed by the Contracting Officer authorizing the requested changes.

C-1.9 Hours of Operation: The contractor is responsible for conducting business between the hours of 8:00 am to 5:00 pm, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

C-1.10 Restricted Access to Military Installation: Fort Lee has instituted 100% controlled access policy. Controlled access means there will be military police or DoD Security Guards located at the entry gates.

Vehicles entering the installation may be subject to stop and search procedures. At times of increased security alerts, control may be increased or access may be restricted completely. Some gates may be closed during periods of the day or night.

C-2 Acronyms: Reserved

C-3: GOVERNMENT FURNISHED ITEMS AND SERVICES:

C-3.1 Equipment: The Government will provide contractor personnel access to compressed gas cylinders, bulk gas tanks and compressed gas systems located at USA-Ordnance School, Fort Lee, VA. to meet the requirements under this PWS.

C-4: CONTRACTOR FURNISHED ITEMS: Other than access to the government owned equipment identified in C-3.1, the contractor shall furnish everything required to perform the requirements of this contract.

C-5 Specific Tasks

C-5.1 Personnel Qualifications

C-5.1.1 Contractor is to provide factory authorized and trained Service Technicians for equipment maintenance and repair work required on gas equipment as requested.

C-5.1.2 Contractor to maintain on staff either an AWS Senior

Certified Welding Inspector, an AWS Certified Welding Educator, or an Engineer with a Bachelor in Science in Welding in support of new welding equipment requirements, weld procedures specifications and welding gas applications.

C-5.2 Task Specific Requirements

C-5.2.1 Not Used

C-5.2.2 Compressed Gas Cylinder and Gas Systems Maintenance:

The Government owns approximately 600 cylinders and three bulk tanks consisting of the following gases: Acetylene, Oxygen, Argon, CO2, Propane, Nitrogen, AR/CO2, R134, R22, R410, R407, and R404.

The contractor shall provide Acetylene (1,600 cubic feet) and approximately 160 MC-10 cylinders to the Tactical Support Equipment Training Department (TSED). In the event the high pressure, liquid or fuel gas cylinders deem to be beyond economical repair (in excess of 45% of value) the cylinders will be replaced with new gas delivery systems and manifolds to properly and safely dispense gases on an as needed basis. This process is incorporated when systems fail or require routine and emergency maintenance. During these times without a backup system the school would be off line and unable to train students.

In the event non-repairable government provided cylinders are considered unserviceable, the contractor will dispose and replace the cylinders identified during inspection. Historically, there have been an average of 15 cylinders replaced each year.

Perform cylinder maintenance and repair services: Cylinder maintenance services are required on an ongoing basis. Each time a cylinder is sent for refill, DOT regulations require a stringent inspection to assure the safety of the fill. At that time the hydro test date is noted and if the cylinder is out of test, a hydro test must be performed and if the cylinder passes, a date stamp will be stamped into the cylinder. If the tank fails, the contractor will notify the customer and the cylinder will be disposed of.

Cylinders that failed hydro testing cannot be repaired and put back in service for future use. The tank will be inspected for additional defects prior to filling, included but not limited to:

excess rust, arc strike marks, dents, scrapes and valve condition. Depending on the maintenance required, normal turnaround is approximately 2 to 3 weeks. Normal basis for repairs are based on the condition and DOT regulations requirements.

Inspect and repair serviceable government owned cylinders:

Repair costs as required, will be done on a cylinder by cylinder basis, as deemed necessary during requalification inspection or obvious failure (see requirements list for cylinder repair parts).

Perform bulk tank inspection (as required by state/federal laws): There are no federal or state laws or regulation governing bulk vessel tanks and gas handling equipment.

These inspections are subject to the requirements of governing organizations such as OSHA, ASME, NFPA, CGA, etc.

Cylinder refurbishment (striping and painting): Tank maintenance is an ongoing process based on each cylinders condition when sent out for fill. Under normal conditions based on cylinder inventory approximately 5% of the cylinders are refurbished annually. This item includes all lettering, stenciling, affixing of decals, metal lettering and/or number stamping when required by applicable regulation. The paint used shall meet the requirements of Federal Specification TT-E-489 where permitted or normally used, because of local environmental laws or concerns. The contractor shall ensure the paint used is of the highest quality used in normal commercial practice under the local laws and regulations (see requirements list for cylinder refurbishment specifics).

Perform mandated requalification and on government owned cylinders annually. (Technical Exhibit 2–Compressed Gases List).

Contractor shall provide documentation of yearly safety inspections as required of gas piping and handling systems.

Any necessary cylinder or gas system services to be furnished under the terms of this contract shall be performed by the contractor on approval from the COR. The contractor shall inspect, maintain, and charge Government-owned cylinders in accordance with MIL-STD-1411 dated August 6, 1976, and Change Notice 1 dated September 8, 1981 “Military Standard Inspection and Maintenance of Compressed Gas Cylinders”.

C-5.2.2.1 Process to Request Maintenance: The Contracting Officer Representative (COR) is the sole point of contact for the contractor. The COR initiates request for maintenance. It is generally desired that equipment remain and be repaired at the training department site. If it is determined by the technician that a proper diagnosis or repair cannot be accomplished on site, the COR will provide approval for equipment to leave the training department. The Contractor shall provide a quote, declare equipment is to be fixed under manufacturer warranty prior to starting repairs, or render it as not economically repairable directly to the COR. Repairs considered not economically repairable (repairs that exceed 60% of item replacement cost) shall not be approved by the COR (under most circumstances). Upon completion of repairs on or off- site (and upon return delivery), the training instructor will validate function and serviceability of equipment and notify the COR to acknowledge that repairs have been completed. The COR will be immediately contacted on discovery of discrepancies with maintenance work. Any discrepancies between the delivery ticket and the invoice will be brought to the attention of the contractor PM/POC.

C-5.3.1 Compressed Gases Delivery: Contractor shall deliver and pick-up compressed gases (Technical Exhibit 2–Compressed Gases List), to include the pick-up of empty government gas cylinders and delivery of refilled cylinders; delivery of full, and pick up of empty, contractor owned/provided cylinders; delivery of full disposable and pick up of empty disposable cylinders; delivery of requested/purchased new cylinders with gases, (New) cylinders shall be painted and ID tagged “Property of US Government”; deliver of bulk compressed gas (Technical Exhibit 2– Compressed Gases List). There is not a specified delivery schedule as usage is based upon changing training loads. See (Technical Exhibit 2– Compressed Gases List), for estimated annual requirements.

Activity COR serves as sole government POC for the request of pick-up and delivery of gases and will coordinate with the contractor on a weekly basis for gas deliveries and cylinder pick-up. Contractor to respond within 24 hours during the work week, and will provide delivery and pick-up as requested at time of BPA Call. Approved receipt documents, i.e. receiving report will be sent to the COR thru Wide Area Workflow (WAWF).

Submission will be confirmed with the government purchase card receipt.

Any discrepancies between the delivery ticket and the invoice will be brought to the attention of the contractor billing POC or dedicated company sales representative for correction.

C-5.4 Deliverables

Compressed Gases Delivery: IAW paragraph C-5.3.1 of this PWS

Compressed Gas Cylinder, Gas System Maintenance: IAW paragraph C-5.2.2 of this PWS.

Contractor Manpower Report (CMR) The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Ordnance School via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September

30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2015. Contractors may direct questions to the help desk at http://www.ecmra.mil.

C-7. TECHNICAL EXHIBITS

C-7.1 Technical Exhibit 1 – Performance Requirements Summary (PRS)

C-7.2 Technical Exhibit 2 – Compressed Gases List

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance standard briefly describes the minimum acceptable levels of service required for each requirement. These standards are critical to mission success.

Performance

Objective

PWS

Paragraph

Performance Standard Minimum Acceptable Standard

(MAS)

Method of Surveillance

Maximum Allowable Deviation

Remedy

PO #1 Provide C-1.4.1 The Contractor COR will No more $100 qualified will maintain a perform than one dollars will service qualified staff random (1defect be deducted technicians to (qualified surveillance to per month from next successfully service verify the invoice support all technician) for qualifications submitted requirements uninterrupted of service for more defined in the performance of technician than one PWS all tasks defined defined in the defect within this PWS PWS. The without COR will augmentation by review 100%

Government of completed personnel maintenance

(military or work.

civilian).

W91QF520R0005

PO #2

Receipt

C-1.4.2 C-1.4.3

Contractor to COR will No more $100 dollars of requested provide review 100% than two will be gases supplies by the specified delivery date and in the quantities requested

Requested supplies/gases as required in the PWS, within the timeframe specified and with a minimum number of complaints.

of all deliverables (delivery tickets, repair tickets and invoices) and time as stated in C-1.3.8

(2) defects per month Deducted from next invoice submitted for more than two defects

PO# 3 Ensure All Contracted The COR will No more $100 dollars Customer personnel will collect than two will be Satisfaction of perform in a information of (2) valid deducted all services professional and satisfaction or customer from next businesslike complaints complaints invoice manner, with a from Division per month submitted minimum Chiefs on PWS for more number of performance. than two unresolved Any complaints complaints complaints will be documented and discussed with Program

Manager at time of occurrence or receipt of complaint.

CALLS

BPA AGREEMENT

1. Description of Agreement. This BPA is only for the items reflected in the price lists contained herein. All materials and services contained within the price list are directly or indirectly related to the mission.

2. Extent of Obligation. The Government is obligated only to the extent of authorized purchases actually made under this BPA. ALL PAYMENTS UNDER $25,000.00 WILL BE MADE BY GOVERNMENT PURCHASE CARD (GPC) issued to GPC cardholders assigned to Ordnance School.

3. Purchase Limitation. In accordance with FAR 13.303 – BPA, this ordering activity has decentralized authority to place calls up to $25,000 per government purchase card transaction as a method of payment. In no event will a call exceeding $25,000 be made by the customer. Calls anticipated to exceed this limitation must be placed by the MICC Fort Lee Contracting Office.

Customers are required to have sufficient funding at the time a call is placed.

4. Individuals Authorized to Purchase under the BPA. The only decentralized customers authorized to place calls under this BPA are the government purchase cardholders assigned to the Ordnance School and a MICC Fort Lee Contracting Officer. Any call over $25,000 must be placed by a Contracting Officer.

5. Invoices. GPC Card receipts are maintained in accordance with GPC procedures. For calls made by use other than GPC method, DFARS 252.232-7006 will be incoporated into the Call for further detailed Wide Area Workflow (WAWF) instructions. In addition, an itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

6. Price list. Only items contained in the price list are authorized for purchase. Exhibit 2b (compressed gases systems maintenance) provides the maximum price for response. Contractor will provide COR with appropriate time and material receipts to detail actual billable cost.

7. Price list expiration. Prices in the approved price list are valid for three years from the date of the signed agreement.

8. BPA expiration. This BPA shall be valid for a period of three (3) years.

9. BPA limitations. BPA Master Dollar Limit: $750,000 BPA Call Limit: $25,000 (GPC), $50,000 (Contracting Officer Call)

10. Delivery Tickets. All services or orders rendered under this BPA must at minimum contain a delivery or sales ticket with the following information:

Name of supplier; BPA number; date of purchase; purchase number; itemized list of supplies or services furnished; quantity, unit price, and extension of each item, less applicable discounts; date of delivery or shipment.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-JUL-2020 TO

19-JUL-2023

N/A ORDNANCE SCHOOL WMTD

U.S. ARMY ORDNANCE SCHOOL

CENTRAL RECEIVING POINT

1030 REAR ACCESS ROAD BLDG 6242

FT LEE VA 23801-6000

804-734-4677

W56V7H

0002 POP 20-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 20-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAR 2020 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 Offeror Representations and Certifications--Commercial

Items

JUN 2020

52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.224-3 Privacy Training JAN 2017 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.

JUN 2020

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

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7009 Mandatory Payment by Governmentwide Commercial

Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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 subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed…