MJU 76/B Compression Pads

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-22-Q-CP76. 

The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

This request is issued as a 100% Small Business Set-Aside.

The NAICS code for this procurement is 325212; the small business size standard is 1,000 employees.  The Product Service Code is 9320.

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

Item: MJU- 76/B Compression Pad, in accordance with drawing number 3976AS119 Rev D

CLIN 0001   First Article Test (FAT) Quantity: 10 EA

CLIN 0002   Production Quantity: 132,000 EA

Material Certification Test Report: A Material Certification Test Report shall accompany each delivery. See Att 02.

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 CONTRACT

The Army Contracting Command-Rock Island (ACC-RI) intends to award a single award Firm Fixed Price Contract  using Lowest Price Technically Acceptable (LPTA) Source Selection procedures.

PACKAGING AND PACKING

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

DELIVERY AND LOCATION

The Delivery Dates are as follows:

CLIN   Description                                         Delivery Date

0001    FAT Quantity                                  20 weeks after award (desired)

0002    Production Quantity                       10,000 EA due 12 weeks after FAT Approval (desired)

 Remaining Production Quantity shall be delivered at a minimum rate of 15,000 EA per month.

NOTE: Early delivery of FAT and Production Quantity are acceptable at no additional cost to the Government.

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.

QUOTE SUBMISSION REQUIREMENTS

Offerors shall submit the following in response to this solicitation:

1. Completed Pricing Sheet at Attachment 01.  All yellow-highlighted sections shall be  completed.  Prices shall be stated to 2 decimal places.

2. Completed Provision at Attachment 03, FAR 52.212-3 Alt I, paragraph (b) only.

3. A Raw Material Certification or Technical Sales Specification Sheet: Offeror shall submit a raw material certification or technical sales specification sheet that shows that the raw material that will be used to cut pads, will meet the requirements on the drawing. Note 2 on the drawing is not applicable to this solicitation.

LISTING OF ATTACHMENTS

Attachment 01, Pricing Sheet

Attachment 02, Material Certification Test Report

Attachment 03, Representations and Certifications

BASIS FOR AWARD

Award will be made to the Offeror whose offer is determined to be Technically Acceptable, and who provides the lowest Total Price.  The successful offeror shall also be deemed responsible, and their quote must conform to the solicitation requirements.

To be determined Technically Acceptable, the offerors’ provided Raw Material Certification or Technical Sales Specification Sheet must indicate that the raw material being offered meets all of the requirements as outlined above and as shown on drawing 3976AS119.

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.

DEADLINE FOR SUBMISSION

Offers are due May 3rd (4 weeks from solicitation), 2022 no later than 17:00 Central Time.

Offers shall be submitted in the following way:

Electronically via email to the Contract Specialist beatrix.r.hintzke.civ@army.mil and Contracting Officer cindy.k.wagoner.civ@army.mil. Offerors should include “Response to W52P1J-22-Q-CP76” 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 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services

FAR 52.212-3 Alt I, Offerors Representations and Certifications- Commercial Products and Commercial Services, Alternate I

FAR 52.204-7, System for Award Management

FAR 52.204-16, Commercial and Government Entity Code Reporting

FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services     or Equipment, as prescribed in 4.2105(a).

FAR 52.219-6, Notice of Total Small Business Set-Aside (Deviation 2020-O0008)

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials

DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

DFARS 215.408(6), Supplies and Services Provided by Nontraditional Defense Contractors

DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services

DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DFARS 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements

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

DFARS 252.225-7974, Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005)

DFARS 252.247-7023, Transportation of Supplies by Sea

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 Products and Commercial Services

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services      

FAR 52.203-19, Prohibition on Requiring Certain internal Confidentiality Agreements or Statements

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

FAR 52.204-13, System for Award Management Maintenance

FAR 52.204-18, Commercial and Government Entity Code Maintenance,

FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

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

FAR 52.219-8, Utilization of Small Business Concerns

FAR 52.219-28, Post Award Small Business Program Representation

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 52.222-50, Combating Trafficking in Persons

FAR 52.223-18, Contractor Policies to Ban Text Messaging while Driving

FAR 52.225-1, Buy American Supplies

FAR 52.225-3, Buy American-Free Trade Agreement-Israeli Trade Act, ALT II

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 52.233-3, Protest After Award

FAR 52.233-4, Applicable Law for Breach of Contract Claim

FAR 52.247-34, FOB Destination                                                 

DFARS 212.301 (Class Deviation 2018-O0021), D0D Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System

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 252.204-7020, NIST SP 800-171 DoD Assessment Requirements

DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DFARS 252.211-7003, Item unique Identification and Valuation

DFARS 252.223-7008, Prohibition of Hexavalent Chromium, as prescribed in 223.7306

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

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 (Sep 1989)

 (a) The Contractor shall deliver 10 unit(s) of Lot/Item MJU 76/B Compression Pads within 20 weeks from the date of this contract to the Government at Crane Army Ammunition Activity, 300 Highway 361 Building 148, 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 15 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)