Fiber-Reinforced Polymer (FRP) Mats for Temporary Roads

RFQ W912HZ22Q0394-Amendment 1 for Fiber-Reinforced Polymer (FRP) Mats for Temporary Roads

Changes are shown in bold.

This combined synopsis-solicitation for commercial items is issued as a Request for Quote (RFQ) for Fiber-Reinforced Polymer (FRP) Mats. This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2022-06. This requirement is 100% small business set aside (FAR 19.5) under Product Service Code 9390, Miscellaneous Fabricated Nonmetallic Materials and under the North American Industry Classification System Code (NAICS) Category is 326130 - Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing with Size Standard of 500 employees. This procurement is being conducted in accordance with regulations at FAR Part 13, Simplified Acquisition Procedures and FAR Part 12 Acquisition of Commercial Products and Commercial Services.

     (I) The Offeror is responsible for reading all information contained in this solicitation and all attachments, if any, posted with it. PLEASE SEE ATTACHED Description of Requirement (DOR). For information concerning this solicitation, please email Allison.B.Hudson@usace.army.mil and Lisa.Bucci@usace.army.mil .

     (II) Submission of offers. Signed and dated offers are due 31 May 2022, not later than 5:00PM CST and must be submitted via email to: Allison.B.Hudson@usace.army.mil and Lisa.Bucci@usace.army.mil . Offers may be submitted in writing on letterhead stationery, or as otherwise specified in the solicitation. At a minimum, offers must include:

(1) The solicitation number W912HZ22Q0394; 

(2) A statement of the business size(s) for which the offeror is registered in www.SAM.gov (e.g. small business, women-owned small business, SDVOSB, etc.) and the Offeror’s CAGE code in SAM.gov;

(3) The name, physical address, mailing address (if different), and telephone number of the offeror as well as the name, title, email, and phone number of the offerors’ authorized representative;

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

(5) Unit pricing and extended pricing for each item and any discount (applied to unit price for each line item);

(CLINS have been removed)

(6) All shipping, freight, duties, and any applicable taxes to the Destination specified in the Description of Requirements (DOR) must be included in the total price.

(7) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and acknowledgement of all Solicitation Amendments. Offers that fail to furnish required representations or information or that reject the terms and conditions of the solicitation may be excluded from further consideration for award; and

(8) Period of validity of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

   (III) 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.

   **Oral communications ARE NOT acceptable in response to this notice. **

FAR 52.212-2 - Evaluation -- Commercial Items:

(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.

The following factors shall be used to evaluate offers:

1) Lowest Price

2) Technically Capability

The Government will issue an award to the offeror whose quote is the Lowest Price that is determined to meet at least the minimum requirements to be determined Technically Capable. Technically Capable is defined as the documented capability to meet the minimum requirements of the project as specified in this solicitation and the attached specifications, including evidence of the offeror's capability to provide the items specified and the ability to meet or exceed the specified delivery schedule. It is imperative that the offeror submit sufficient documentation and information for the Government to determine technical capability and quoted price. Failure to submit sufficient information for the Government to determine technical capability and quoted price may be cause for rejection of your quote.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

                                                                     (End of provision)

   (IV) SAM REGISTRATION: Pursuant to FAR 52.204-7, System for Award Management, prior to making an offer, offerors shall be registered in the System for Award Management (SAM), if you are not registered in SAM, an award CANNOT be made to your company. You may register electronically at http://www.sam.gov.

    (V) The following FAR clauses and provisions apply to this acquisition:

52.202 Definitions

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

52.204-7 System for Award Management

52.204-13 System for Award Management Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.211-5 Material Requirements

52.212-1 Instructions to Offerors-Commercial Items

52.212-3 Offerors Representations and Certifications- Commercial Items

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services;

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

52.223-6 Drug-Free Workplace

52.223-10 Waste Reduction Program

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation

52.225-2 Buy American Certificate

52.225-18 Place of Manufacture

52.247-34 F.O.B. Destination

52.247-39 F.O.B. Inland Point, Country of Importation

The following additional clauses/provisions located within FAR 52.212- 5 apply to this acquisition:

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

52.209-6 Protecting the Government's Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.219-6 Notice of Total Small Business Set-Aside

52.219-28 Post Award Small Business Program Representation

52.222-3 Convict Labor

52.222-19 Child Labor Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52-222-26 Equal Opportunity

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-50 Combating Trafficking in Persons

52.223-9 Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

52.225-1 Buy American-Supplies

52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note)

52.225-13, Restrictions on Certain Foreign Purchases

52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (31 U.S.C. 3332)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-4 Applicable Law for Breach of Contract Claim;

52.252-2 Clauses Incorporated by Reference;

The full text of these FAR clauses can be accessed electronically at website:

https://www.acquisition.gov/content/regulations.

The following FAR clause is incorporated in full text: The below clause has been added. 

52.209-4  First Article Approval-Government Testing (SEP 1989)

      (a) The Contractor shall deliver 1 unit(s) of Lot/Item  CLIN 0001  within 90 calendar days from the date of this contract to the Government at the ERDC delivery location specified in Section F of the Schedule for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

      (b) Within 20 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

      (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

      (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

      (e) Unless otherwise provided in the contract, the Contractor-

           (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

           (2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

      (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

      (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

      (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

      (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

                                                                    (End of clause)

   (VI) The following DFARS Clauses and Provisions apply to this acquisition:

DFARS 252.203-7000 Requirement Relating to Compensation of Former DoD officials;

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD officials;

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-7011 Alternative Line Item Structure;

DFARS 252.204-7003 Control Of Government Personnel Work Product

DFARS 252.211-7003 Item Unique Identification and Valuation;

DFARS 252.225-7001 Buy American Act and Balance of Payments Program;

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

DFARS 252.243-7001 Pricing Of Contract Modifications

DFARS 252.247-7023 Transportation of Supplies by Sea;

The full text of these DFARS clauses can be accessed electronically at website:

https://www.acquisition.gov/content/regulations.

    (VII) Technical Inquiries and Questions

All technical inquiries and questions relating to this solicitation are to be submitted to Allison Hudson via email at Allison.B.Hudson@usace.army.mil and Lisa Bucci via e-mail at Lisa.Bucci@usace.army.mil. Offerors shall submit questions at least 4 days prior to the closing/response date of the solicitation in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

    (VIII) Notes to Offerors: Quotes are due 31 May 2022, not later than 5:00 PM CST via email to: Allison.B.Hudson@usace.army.mil and Lisa.Bucci@usace.army.mil. Offerors are responsible for ensuring that their quotes arrive prior to the scheduled closing date and time. Quotes must be clearly identified as being submitted for Solicitation Number W912HZ22Q0394.

Attachments/Links: Description of Requirements (DOR)

This combined synopsis-solicitation for commercial items is issued as a Request for Quote (RFQ) for Fiber-Reinforced Polymer (FRP) Mats. This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2022-06. This requirement is 100% small business set aside (FAR 19.5) under North American Industry Classification System Code (NAICS) 326130, Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing, with Size Standard of 500 employees. This procurement is being conducted in accordance with regulations at FAR Part 13, Simplified Acquisition Procedures and FAR Part 12 Acquisition of Commercial Products and Commercial Services.

     (I) The Offeror is responsible for reading all information contained in this solicitation and all attachments, if any, posted with it. PLEASE SEE ATTACHED Description of Requirement (DOR). For information concerning this solicitation, please email Allison.B.Hudson@usace.army.mil and Lisa.Bucci@usace.army.mil .

     (II) Submission of offers. Signed and dated offers are due 31 May 2022, not later than 5:00PM CST and must be submitted via email to: Allison.B.Hudson@usace.army.mil and Lisa.Bucci@usace.army.mil . Offers may be submitted in writing on letterhead stationery, or as otherwise specified in the solicitation. At a minimum, offers must include:

(1) The solicitation number W912HZ22Q0394; 

(2) A statement of the business size(s) for which the offeror is registered in www.SAM.gov (e.g. small business, women-owned small business, SDVOSB, etc.) and the Offeror’s CAGE code in SAM.gov;

(3) The name, physical address, mailing address (if different), and telephone number of the offeror as well as the name, title, email, and phone number of the offerors’ authorized representative;

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

(5) Unit pricing and extended pricing for each item and any discount (applied to unit price for each line item) for the following line items:

1. CLIN 0001, FIBER-REINFORCED POLYMER (FRP) MAT for First Article Testing -  Qty. 4
2. CLIN 0002 FIBER-REINFORCED POLYMER (FRP) MAT - Qty. 100
3. CLIN 0003, Shipping and Handling

(6) All shipping, freight, duties, and any applicable taxes to the Destination specified in the Description of Requirements (DOR) must be included in the total price.

(7) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and acknowledgement of all Solicitation Amendments. Offers that fail to furnish required representations or information or that reject the terms and conditions of the solicitation may be excluded from further consideration for award; and

(8) Period of validity of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

   (III) 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.

   **Oral communications ARE NOT acceptable in response to this notice. **

FAR 52.212-2 - Evaluation -- Commercial Items:

(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.

The following factors shall be used to evaluate offers:

1) Lowest Price

2) Technically Capability

The Government will issue an award to the offeror whose quote is the Lowest Price that is determined to meet at least the minimum requirements to be determined Technically Capable. Technically Capable is defined as the documented capability to meet the minimum requirements of the project as specified in this solicitation and the attached specifications, including evidence of the offeror's capability to provide the items specified and the ability to meet or exceed the specified delivery schedule. It is imperative that the offeror submit sufficient documentation and information for the Government to determine technical capability and quoted price. Failure to submit sufficient information for the Government to determine technical capability and quoted price may be cause for rejection of your quote.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

                                                                     (End of provision)

   (IV) SAM REGISTRATION: Pursuant to FAR 52.204-7, System for Award Management, prior to making an offer, offerors shall be registered in the System for Award Management (SAM), if you are not registered in SAM, an award CANNOT be made to your company. You may register electronically at http://www.sam.gov.

    (V) The following FAR clauses and provisions apply to this acquisition:

52.202 Definitions

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

52.204-7 System for Award Management

52.204-13 System for Award Management Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.211-5 Material Requirements

52.212-1 Instructions to Offerors-Commercial Items

52.212-3 Offerors Representations and Certifications- Commercial Items

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services;

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

52.223-6 Drug-Free Workplace

52.223-10 Waste Reduction Program

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation

52.225-2 Buy American Certificate

52.225-18 Place of Manufacture

   (VI) The following additional clauses/provisions located within FAR 52.212- 5 apply to this acquisition:

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

52.209-6 Protecting the Government's Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.219-6 Notice of Total Small Business Set-Aside

52.219-28 Post Award Small Business Program Representation

52.222-3 Convict Labor

52.222-19 Child Labor Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52-222-26 Equal Opportunity

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-50 Combating Trafficking in Persons

52.223-9 Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

52.225-1 Buy American-Supplies

52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note)

52.225-13, Restrictions on Certain Foreign Purchases

52.225-1, Buy American-Supplies,

52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (31 U.S.C. 3332)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-4 Applicable Law for Breach of Contract Claim;

52.247-34 F.O.B. Destination

52.247-39 F.O.B. Inland Point, Country of Importation

52.252-2 Clauses Incorporated by Reference;

The full text of these FAR clauses can be accessed electronically at website:

https://www.acquisition.gov/content/regulations.

The following DFARS Clauses and Provisions are applicable to this acquisition:

DFARS 252.203-7000 Requirement Relating to Compensation of Former DoD officials;

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD officials;

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-7011 Alternative Line Item Structure;

DFARS 252.204-7003 Control Of Government Personnel Work Product

DFARS 252.211-7003 Item Unique Identification and Valuation;

DFARS 252.225-7001 Buy American Act and Balance of Payments Program;

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

DFARS 252.243-7001 Pricing Of Contract Modifications

DFARS 252.247-7023 Transportation of Supplies by Sea;

The full text of these DFARS clauses can be accessed electronically at website:

https://www.acquisition.gov/content/regulations.

    (VII) Technical Inquiries and Questions

All technical inquiries and questions relating to this solicitation are to be submitted to Allison Hudson via email at Allison.B.Hudson@usace.army.mil and Lisa Bucci via e-mail at Lisa.Bucci@usace.army.mil. Offerors shall submit questions at least 4 days prior to the closing/response date of the solicitation in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

    (VIII) Notes to Offerors: Quotes are due 31 May 2022, not later than 5:00 PM CST via email to: Allison.B.Hudson@usace.army.mil and Lisa.Bucci@usace.army.mil. Offerors are responsible for ensuring that their quotes arrive prior to the scheduled closing date and time. Quotes must be clearly identified as being submitted for Solicitation Number W912HZ22Q0394.