Notched Foil Strip

DESCRIPTION MJU-67B Notched Foil Strip

Amendment 001: This amendment extends the due date for proposals to 06 September 2024. Please have proposals submitted per the instructions of this solicitation no later than 1200 CT on 06 September 2024.

This is a combined synopsis/solicitation for commercial products or commercial services 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; proposals 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 W519TC-24-Q-FOIL.

The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03. 

The NAICS code for this procurement is 331315; the small business size standard is 1,250 employees. The Product Service Code is 9515.

Offerors must be registered within the System for Award Management (SAM) databased at time of response to this solicitation.  The website for SAM is https://www.sam.gov/.

Addendum to 52.212-1 

DESCRIPTION OF REQUIREMENT

CLIN 0001:  MJU-67B Notched Foil Strip First Article Testing; Quantity 10 pieces.

In accordance with Drawing 3306AS121 Rev. F, as found in Attachment 0002 and Drawing 3677AS167 Rev. D, as found in Attachment 0001.

CLIN 0002: MJU-67B Notched Foil Strip; Quantity 68,300 pieces

In accordance with Drawing 3306AS121 Rev. F, as found in Attachment 0002 and Drawing 3677AS167 Rev. D, as found in Attachment 0001.

A Certified Material Analysis is required for each item for each delivery.  See Attachment 0003

JCP ACCESS OF RESTRICTED DRAWINGS

DRAWING ACCESS (See additional Technical Data Package Instructions in Attachment 0004)

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 Full and Open. Award will be made using Low Price Technically Acceptable (LPTA) Source Selection procedures or Low Price, resulting in a single award Firm Fixed Price Contract.

DELIVERY AND LOCATION

CLIN                    Description                                      Delivery Date

0001     MJU-67B Notched Foil Strip FAT             30 September 2024

0002     MJU-67B Notched Foil Strip       First 10,000 pieces NLT Six (6) weeks after FAT approval, then 10,000 pieces minimum monthly until contract completion.

Delivery will be FOB Destination to Crane Army Ammunition Activity, Building 148

300 Highway 361, Crane, IN 47522-5001, in accordance with the following:

Crane Army Ammunition Activity Delivery Instructions:

CAAA receiving hours are 0700 – 1430, Mon - Thurs BY APPOINTMENT ONLY; Includes Inert & Freight All Kind (FAK). Appointments shall 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.

PACKAGING AND MARKING REQUIREMENTS

Preservation, Packaging, and Packing shall be in accordance with ASTM D 3951 (Commercial Packaging).

Each shipment shall be marked with an identifiable Lot Number.  This Lot Number shall be created in accordance with Attachment 0005.  The Lot Number shall also be included on the Certificate of Analysis as found in Attachment 0003.

QUOTE/PROPOSAL SUBMISSION REQUIREMENTS

Offerors shall submit the following in response to this solicitation:

1.           Price – Offerors must submit Completed Pricing Sheet at Attachment 0006. All yellow-highlighted sections shall be completed. Prices shall be stated to 2 decimal places.

2.           Completed Clause at Attachment 0007 – FAR 52.204-24, paragraph (d)(1) and (d)(2)

3.           Completed Provisions at Attachment 0008 – FAR 52.212-3 Alt 1, paragraph (b) only.

BASIS FOR AWARD

Award will be made to the offeror whose offer is determined to be Technically Acceptable, who provides the lowest Total Price, who is deemed responsible, and whose quote conforms to the solicitation requirements.

Only those offers determined to be technically acceptable, either initially or as a result of discussions, will be considered for award.

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 0001 – 3677AS167 REV. D FOIL STRIP NOTCHED.pdf

Attachment 0002 – 3306AS121 REV. F AL FOIL TAPE.pdf

Attachment 0003 – Certificate of Analysis (If required) 

Attachment 0004 – Technical Data Package Information

Attachment 0005 – LOT Number Instructions

Attachment 0006 – Price Sheet

Attachment 0007 – FAR 52.204-24

Attachment 0008 – FAR 52.212-3 Alt 1

DEADLINE FOR SUBMISSION

Offers are due on 30 August 2024 no later than 12:00 pm Central Time.

Offers shall be submitted in the following way:

Electronically via email to the Contract Specialist, rhyne.v.southerland.civ@army.mil  and Contracting Officer, Bryce.t.willett.civ@army.mil. Offerors shall include “W52P1J-24-Q-FOIL -  Response – [Insert Offeror’s Name]” 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. The deadline to submit questions for this solicitation is 12:00 pm on 23 August 2024. Questions posed towards this solicitation will be answered via modifications to the solicitation on 20 August 2024 and 27 August 2024.

End of Addendum 52.212-1

SOLICITATION PROVISIONS

The following Federal Acquisition Regulations (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.acquisition.gov):

FAR 52.204-7 – System for Award Management (Oct 2018)

FAR 52.204-16 ¬– Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-17 Ownership or Control of Offeror (Aug 2020)

FAR 52.204-20 Predecessor of Offeror (Aug 2020)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

FAR 52.204-26 Covered Telecommunications Equipment or Services—Representation (Oct 2020)

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

FAR 52.212-2 – Evaluation – Commercial Products and Commercial Services (Nov 2021)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I (Feb 2024)

FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

FAR 52.222-25 Affirmative Action Compliance (Apr 1984)

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Jun 2020)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021)

DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (NOV 2023)

DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022)

The following provisions are provided in full text:

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

CLAUSES

The following Federal Acquisition Regulations (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.acquisition.gov):

FAR 52.212-4 – Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023)

FAR 52.204-13 – System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 – Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

FAR 52.204-27 – Prohibition on a ByteDance Covered Application (Jun 2023)

FAR 52.209-4 – First Article Approval—Government Testing--Alternate I (SEP 1989)

FAR 52.222-20 – Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (Jun 2020)

FAR 52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.243-1 – Changes—Fixed Price (Aug 1987)

FAR 52.247-34 – F.o.b. Destination (Nov 1991)

DFARS 252.203-7000 – Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

DFARS 252.203-7002 – Requirement to Inform Employees of Whistleblower Rights (DEC 2022)

DFARS 252.204-7003 – Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7012 – Safeguarding Covered Defense Information and Cyber Incident Reporting (JAN 2023)

DFARS 252.204-7015 – Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023)

DFARS 252.204-7018 – Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023)

DFARS 252.204-7020 – NIST SP 800-171 DoD Assessment Requirements (NOV 2023)

DFARS 252.223-7008 – Prohibition of Hexavalent Chromium (JAN 2023)

DFARS 252.225-7048 – Export-Controlled Items (JUNE 2013)

DFARS 252.225-7056 – Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023)

DFARS 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7006 – Wide Area WorkFlow Payment Instructions (JAN 2023)

DFARS 252.232-7010 – Levies on Contract Payments (DEC 2006)

DFARS 252.244-7000 – Subcontracts for Commercial Products or Commercial Services (NOV 2023)

DFARS 252.247-7023 – Transportation of Supplies by Sea—Basic (JAN 2023)

Addendum to 52.212-4

FAR 52.232-33 - Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

End of Addendum 52.212-4

The following clause(s) are provided in full text

FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION 2023-O0008) (OCT 2023)

(a) Comptroller General Examination of Record. The Contractor shall comply with the

provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in

excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of

this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly

pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records,

materials, and other evidence for examination, audit, or reproduction, until 3 years after final

payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially

terminated, the records relating to the work terminated shall be made available for 3 years after

any resulting final termination settlement. Records relating to appeals under the disputes clause

or to litigation or the settlement of claims arising under or relating to this contract shall be made

available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and

practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary

course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below,

the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41

U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section

1634 of Pub. L. 115-91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–

232).

(v) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117–328).

(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the

subcontract (except subcontracts to small business concerns) exceeds the applicable threshold

specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include

52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29

U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR

clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter

67).

(xiv)_X_(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.

chapter 78 and E.O. 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts

for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41

U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Act to

Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act

for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxiii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors

(MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with

paragraph (c) of 52.232–40.

(xxiv) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with

paragraph (d) of FAR clause 52.247–64.

(2) While not required, the Contractor may include in its subcontracts for commercial

products and commercial services a minimal number of additional clauses necessary to satisfy its

contractual obligations.

(End of clause)