Quantity: 9,090 (First Article Test Quantity is 5 each; Production Quantity is 9,085)
TYPE OF ACQUISITION AND CONTRACT
This acquisition is issued as a Women-Owned Small Business Set-Aside. The Army Contracting Command-Rock Island (ACC-RI) will award a Firm Fixed Price Contract.
The Contract Line Item (CLIN) Structure is as follows:
CLIN 0001: First Article Test (FAT) Quantity
CLIN 0002: Production Quantity
SCHEDULE
CLIN 0001, FAT Quantity: Delivery date is 2 weeks after date of award
CLIN 0002, Production Quantity: Delivery of first production quantity is 2 weeks after FAT quantity approval. Deliveries shall be either a) 400 per week; or b) 800 every 2 weeks.
PACKAGING AND DELIVERY INFORMATION
Preservation, Packaging & Packing shall be in accordance with ASTM D 3951 (Commercial Packaging)
Deliveries shall be to:
Crane Army Ammunition Activity
Building 48
300 Highway 361
Crane, IN 47522
Deliveries are FOB Destination
TECHNICAL DATA PACKAGE
Drawing 11021 is 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 TDP 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. Processing time is estimated at 5 working days after receipt. Firms are required to have a current valid Cage Code in order to register. Each individual requiring access to the TDP must have a Federal Business Opportunities (FBO) account.
Drawing 11021 is available electronically for downloading at the following TDP Link/URL, for those firms who are JCP Certified:
https://www.fbo.gov/fedteds/W52P1J18TCRE1
Access to the drawing is restricted to the data custodian listed on the DD Form 2345.
Further dissemination of Restricted TDPs must be in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.
Upon completion of the purposes for which the restricted technical data has been provided, the Contractor is required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Contractor. Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.
QUOTE SUBMISSION REQUIREMENTS
Offerors shall submit the following in response to this solicitation:
1. Completed Pricing Sheet at Attachment 01. Unit prices must be provided for all highlighted cells. Prices shall be stated to 2 decimal places.
2. Completion of Representations and Certifications at Attachment 02. Note: Offerors that are registered and active in the System for Award Management (SAM) database may complete paragraph (b) only.
BASIS FOR AWARD
Award will be made to the offeror who provides the lowest Total Price, who is deemed responsible, and who is compliant with all requirements of this solicitation.
Total Price is calculated as: CLIN 0001 Price plus CLIN 0002 Price
In accordance with FAR 52.212-1(g), the Government intends to award a contract against this solicitation without discussions.
Award will be made on a Firm Fixed Price basis.
LISTING OF ATTACHMENTS
Attachment 01, Pricing Sheet
Attachment 02, Clause - FAR 52.212-3 Alt I, Offeror Representations and Certifications-Commercial Items
DEADLINE FOR SUBMISSION
Offers are due July 10, 2018, no later than 3:30 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-18-T-CRE1" 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.
CLAUSES
The following Federal Acquisition Regulation (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) commercial clauses, apply to this solicitation and are incorporated by reference (clauses may be obtained via the internet at http://farsite.hill.af.mil):
FAR 52.212-1, Instructions to Offerors-Commercial Items
FAR 52.212-3 Alt I Offeror Representations and Certifications-Commercial Items, Alternate I
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
Within FAR 52.212-5, the following optional clauses apply:
FAR 52.203-6, Restrictions on Subcontractor Sales to the Government
FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
FAR 52.219-8, Utilization of Small Business Concerns
FAR 52.219-14, Limitations on Subcontracting
FAR 52.219-28, Post Award Small Business Program Representation
FAR 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program
FAR 52.222-3, Convict Labor
FAR 52.222-19, 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 52.222-54, Employment Eligibility Verification
FAR 52.222-50, Combating Trafficking in Persons
FAR 52.223-18, Encouraging 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 52.203-3, Gratuities
FAR 52.204-16, Commercial and Government Entity Code Reporting
FAR 52.204-18, Commercial and Government Entity Code Maintenance
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 252.203-7005, Representation Relating to Compensation of Former DoD Officials
DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls
DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information
DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support
DFARS 252.211-7003, Item Unique Identification and Valuation
DFARS 252.213-7000, Notice to Prospective Suppliers on Use of past Performance Information Retrieval System-Statistical Reporting in Past Performance Evaluations
DFARS 252.222-7007, Representation Regarding Combating Trafficking in Persons
DFARS 252.223-7008, Prohibition of Hexavalent Chromium
DFARS 252.225-7012, Preference for Certain Domestic Commodities
DFARS 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism
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 252.243-7002, Requests for Equitable Adjustment
DFARS 252.244-7000, Subcontracts for Commercial items
DFARS 252.247-7023, Transportation of Supplies by Sea
The following clause is provided in full text
FAR 52.209-4, First Article Approval-Government Testing
First Article Approval -- Government Testing (Sep 1989)
(a) The Contractor shall deliver 5 unit(s) of Item within 14 calendar days from the date of this contract to the Government at Crane Army Ammunition Activity, Building 48, 300 Highway 361, Crane IN 47522 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.
The following additional language applies to this solicitation:
AMC-Level Protest Program
If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to:
Headquarters U.S. Army Materiel Command
Office of Command Counsel-Deputy Command Counsel
4400 Martin Road
Rm: A6SE040.001
Redstone Arsenal, AL 35898-5000
Fax number (256) 450-8840
E-mail: [email protected]
The AMC-level protest procedures are found at:
http://www.amc.army.mil/amc/commandcounsel.html
If Internet access is not available, contact the Contracting Officer or HQ, AMC Office of Command Counsel to obtain the AMC-Level Protest Procedures.