This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will NOT be issued.
This is a Request for Quote (RFQ) using FAR Part 12, Acquisition of Commercial Items; the Solicitation number is W52P1J-21-Q-CTNP.
The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06.
The NAICS code for this procurement is 326199; the small business size standard is 750 employees. The Product Service Code is 8140.
This solicitation is a 100% Set-Aside for Small Business.
Offerors must be registered within the System for Award Management (SAM) database at time of response to this solicitation. The website for SAM is https://www.sam.gov/.
DESCRIPTION OF REQUIREMENT
Polypropylene Containers for 60 lb. Shock Charge
CLIN 0001: Mold
CLIN 0002: First Article Test (FAT) – Quantity 5
CLIN 0003: Production – Quantity 1,287
NOTE: New molds shall be priced for this requirement. Existing molds may not be utilized in performance of the resulting award. Molds shall become the property of the United States Government.
Containers shall be provided in accordance with the following:
Drawings
7428225 Rev D
7428227 Rev B
7428228 Rev A
7428229 Rev A
7428235 Rev B
JCP ACCESS OF RESTRICTED DRAWINGS
Drawing Access
The drawings associated with this acquisition are Distribution Level D, authorized to the Department of Defense (DoD) and U.S. DoD contractors ONLY. All firms must be registered in the Joint Certification Program (JCP) in order to access the drawings associated with this solicitation. The address for registration is https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/default.aspx Registration requires completion of the DD Form 2345. Firms are required to have a current valid Cage Code in order to register.
NOTE: THE DD FORM 2345 MAY BE SUBMITTED ELECTRONICALLY. DIRECTIONS FOR ELECTRONIC SUBMISSION ARE LOCATED AT THE FOLLOWING SITE, UNDER “SUBMITTING THE DD FORM 2345”
https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/SpecificDD2345Instructions.aspx
Access to the drawings is restricted to the data custodian listed on the DD Form 2345.
*NOTE: When requesting access to the drawings, the company CAGE CODE should be entered within the “Reason for Request” block.
TYPE OF ACQUISITION AND CONTRACT
This acquisition is issued as 100% Small Business Set-Aside. Award will be made using Low Price Technically Acceptable (LPTA) Source Selection procedures, resulting in a single award Firm Fixed Price contract.
DELIVERY and LOCATION
CLIN Description Desired Delivery Date
0001 Mold 24 weeks after award
0002 FAT Quantity 24 weeks after award
0003 Production Quantity 12 weeks after FAT approval
Delivery shall be FOB Destination to Crane Army Ammunition Activity, Building 148, 300 Highway 361, Crane, Indiana 47522-5001, in accordance with the following:
Crane Army Ammunition Activity Delivery Instructions
CAAA receiving hours are 0700 - 1430 BY APPOINTMENT ONLY; Includes Inert & Freight All Kind (FAK); Mon - Thurs; appointments will be made via Carrier Appointment System (CAS). Carriers without access to the CAS System, call (812)854-2199 or (812)854-2339, 48 hours prior to delivery for appointment. Failure to follow the protocol stated herein and/or obtain a scheduled delivery time prior to delivery, may result in the truck being turned away.
ACCEPTANCE CRITERIA
CLIN 0001, Mold: The mold shall be accepted concurrently with accepted FAT quantity. If the FAT is not accepted, the mold will not be accepted.
CLIN 0002, FAT Quantity: Acceptance in accordance with Drawing 7428225 Rev D (100%)
CLIN 0003, Production Quantity: Acceptance in accordance with Drawing 7428225 Rev D (100%)
NOTE: Government personnel shall observe awardee’s FAT inspection at the awardee’s facility. Final inspection and acceptance shall be at Crane Army Ammunition Activity, Crane IN
PROPOSAL SUBMISSION REQUIREMENTS
Offerors shall submit the following in response to this solicitation:
1. Price – Offerors must submit Completed Pricing Sheet at Attachment 01. All yellow-highlighted sections shall be completed. Prices shall be stated to 2 decimal places.
2. Completed Clause at Attachment 02 – FAR 52.204-24, paragraph (d)(1) and (d)(2)
3. Completed Provision at Attachment 03 – FAR 52.212-3 Alt I, paragraph (b) only
4. Completed Provision at Attachment 04 – FAR 52.229-11, Tax on Certain Foreign Procurements – Notice and Representation, paragraph (d)
BASIS FOR AWARD
Award will be made to the offeror who provides the lowest Total Price, who is deemed responsible, and whose proposal conforms to the solicitation requirements.
In accordance with FAR 52.212-1(g), the Government intends to award a contract against this solicitation without discussions.
Unbalanced Pricing - As part of the evaluation, proposals may be reviewed to identify any significant unbalanced pricing. IAW FAR 15.404-1(g) - Unbalanced Pricing, a proposal may be rejected if the contracting officer determines the lack of balance poses an unacceptable risk to the government.
Price Analysis shall be used to determine price reasonableness; additional methods of price analysis may be used as determined by the contracting officer. These methods of evaluation may include information/input from sources such as (but not limited to) other Governmental agencies and personnel. The Government reserves the right to require the submission of any data (i.e. Data other Than Certified Cost or Pricing Data) necessary to validate the reasonableness of an offer.
LISTING OF ATTACHMENTS
Attachment 01 – Pricing Sheet
Attachment 02 – FAR 52.204-24
Attachment 03 – FAR 52.212-3 Alt I
Attachment 04 – FAR 52.229-11
DEADLINE FOR SUBMISSION
Offers are due September 29, 2021 no later than 12:00 p.m. Central Time.
Offers shall be submitted in the following way:
Electronically via email to the Contract Specialist [email protected] and Contracting Officer [email protected] Offerors should include “Response to W52P1J-21-Q-CTNP” within the Subject line.
QUESTIONS
Questions shall be submitted in the same manner as Offers, electronically via email to the Contract Specialist and Contracting Officer.
**Note: Interested offerors must submit any questions concerning this solicitation at the earliest time possible, to enable the Buyer to respond. Questions not received within a reasonable time prior to close of the solicitation may not be considered.
SOLICITATION PROVISIONS
The following Federal Acquisition Regulation (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) provisions apply and are incorporated by reference (provisions may be obtained via the internet at http://www.acquistion.gov):
FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
FAR 52.212-1, Instructions to Offerors-Commercial Items
FAR 52.212-2, Evaluation – Commercial Items
FAR 52.212-3 Alt I, Offerors Representations and Certifications, Commercial Items, Alternate I
FAR 52.204-7, System for Award Management
FAR 52.204-16, Commercial and Government Entity Code Reporting
DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials
DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls
DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services – Representation
DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation
DFARS 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements
DFARS 252.213-7000, Notice to Prospective Suppliers on Use of past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations
DFARS 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors
DFARS 252.225-7974 (DEV 2020-O0005), Representation Regarding Business Operations with the Maduro Regime
DFARS 252.247-7023, Transportation of Supplies by Sea
The following provisions are provided in full text
FAR 52.212-3 Alt I, Offeror Representations and Certifications – Commercial Items
*SEE ATTACHMENT 02
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services and Equipment (Aug 2020)
*SEE ATTACHMENT 03
FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation
*SEE ATTACHMENT 04
CLAUSES
The following Federal Acquisition Regulation (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply and are incorporated by reference (clauses may be obtained via the internet at http://www.acquistion.gov):
FAR 52.212-4, Contract Terms and Conditions-Commercial Items
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items
FAR 52.203-3, Gratuities
FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
FAR 52.204-18, Commercial and Government Entity Code Maintenance,
FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
FAR 52.209-6, Protecting the Government’s In1terest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
FAR 52.219-6 (DEV 2020 O0008), Notice of Total Small Business Set-Aside
FAR 52.219-14 (DEV 2020 O0008), Limitations on Subcontracting
FAR 52.219-28, Post Award Small Business Program Representation
FAR 52.222-3, Convict Labor
FAR 52.222-19 (DEV 2020-O0019), Child Labor-Cooperation with Authorities and Remedies
FAR 52.222-21, Prohibition of Segregated Facilities
FAR 52.222-26, Equal Opportunity
FAR 52.222-35, Equal Opportunity for Veterans
FAR 52.222-36, Equal Opportunity for Workers with Disabilities
FAR 52.222-37, Employment Reports on Veterans
FAR 52.222-40, Notification of Employee Rights under the National Labor Relations Act
FAR 52.222-50, Combating Trafficking in Persons
FAR 52.223-18, Contractor Policies to Ban Text Messaging while Driving
FAR 52.225-13, Restrictions on Certain Foreign Purchases
FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management
FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors
FAR 52.247-34, FOB Destination
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials
DFARS 252.204-7003, Control of Government Personnel Work Product
DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information
DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support
DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DFARS 252.204-7020, NIST SP 800-171 DoD Assessment Requirements
DFARS 252.225-7001, Buy American Act and Balance of Payments Program
DFARS 252.225-7002, Qualifying Country Sources as Subcontractors
DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7006, Wide Area Workflow Payment Instructions
DFARS 252.232-7010, Levies on Contract Payments
DFARS 252.232-7017, Accelerating Payments to Small Business Subcontractors – Prohibition on Fees and Consideration
DFARS 252.243-7002, Requests for Equitable Adjustment
DFARS 252.244-7000, Subcontracts for Commercial items
The following clause is provided in full text:
FAR 52.209-4, First Article Approval – Government Testing (Sep 1989)
(a) The Contractor shall deliver 5 unit(s) of Line Item 0002 within 24 weeks from the date of this contract to the Government at Crane Army Ammunition Activity, Building 148, 300 Highway 361, Crane IN 57422 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.
AMENDMENT 01
Amendment 01 extends the response date to 6 October 2021 at 12:00 p.m. Central Time