Inactive Total Small Business Set-Aside (FAR 19.5)

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 anno... 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-SS76. The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04. The NAICS code for this procurement is 339991; the small business size standard is 500 employees. The Product Service Code is 5330 Offeror 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/. TYPE OF ACQUISITION AND CONTRACT This Request for Proposal, and any ultimate Award, is limited to Tobar Inc. The anticipated award will be a firm-fixed price Purchase Order. DESCRIPTION OF REQUIREMENT Item: Square Seal Tobar P/N 3976AS120, (PARCO, Part Number 8780-2532), in accordance with drawing number 397AS120 REV B. Material: The Raw Material Compound shall meet the requirements of AMS-P-83461, Except for Durometer Requirements Quantity CLIN 0001 First Article Test (FAT) Quantity: 10 EA per mold cavity CLIN 0002 Production Quantity: 132,000 EA 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. PACKAGING AND PACKING Preservation, Packaging & Packing shall be in accordance with ASTM D 3951 (Commercial Packaging) Certificate of Analysis: A Certificate of Analysis shall accompany each delivery. See Attachment 01. DELIVERY and LOCATION The Delivery Dates are as follows: CLIN Description Delivery Date 0001 FAT Quantity 10 weeks after award (desired) 0002 Production Quantity 20,000 EA due 4 weeks after FAT Approval (desired) Remaining quantity shall be delivered at a minimum rate of 20,000 EA per month until contract completion. NOTE: Early deliveries of the FAT and/or Production Quantity are acceptable at no additional cost to the Government Delivery of the square seals shall be FOB Destination to Crane Army Ammunition Activity, 300 Highway 361, Crane, Indiana 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. Other Requirements: Lot Number shall identify shipment at time of delivery. Refer to Attachment 06- Lot Number Instructions PROPOSAL SUBMISSION REQUIREMENTS The following shall be submitted in response to this solicitation: Price Matrix at Attachment 02 Completed Provision at Attachment 03 FAR 52.212-3 Alt I, (b) only LISTING OF ATTACHMENTS Attachment 01- Certificate of Analysis Attachment 02- Price Matrix Attachment 03- Offerors Representations and Certifications – Commercial Items, FAR 52.212-3 Alt I, (b) only Attachment 04- Limiting Competition MFR - Square Seals Redacted Attachment 05- 3976AS120 REV B- Distribution Code D Export Controlled Attachment 06- Lot Number instructions BASIS FOR AWARD The Government intends to make an award after determination that the price is reasonable, and the offeror is responsible. 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. DEADLINE FOR SUBMISSION Offers are due July 18, 2022 no later than 12:00 p.m. Central Time. Offers shall be submitted in the following way: Electronically via email to Contract Specialist, Beatrix Hintzke, beatrix.r.hintzke.civ@army.mil and Contracting Officer, Cindy Wagoner, cindy.k.wagoner.civ@army.mil. Offeror should include “Response to W52P1J-22-Q-SS76” 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. SOLICITATION PROVISIONS Provisions FAR 52.204-7, System for Award Management FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services and Equipment (Aug 2020) 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 Products and Commercial Services FAR 52.247-34, FOB Destination DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls 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 – Representation DFARS 252.204-7019 , Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-O0005) (FEB 2020) (a) Definitions. As used in this provision— “Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.” “Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. “Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela. “Person” means— (1) A natural person, corporation, company, business association partnership, society, trust, or any nongovernmental entity, organization, or group; Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime (2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and (3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition. (b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (c) Representation. By submission of its offer, the Offeror represents that the Offeror— (1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or (2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (End of provision) Clauses FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems 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 52.212-4, Contract Terms and Conditions-Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services FAR 52.219-6 notice of total Small Business Set-Aside (MAR 2020)(DEV 2020-O0008) FAR 52.219-28, Post Award Small Business Program Representation (Nov 2020)(15 U.S.C. 632(a)(2)). FAR 52.222-3, Convict Labor (Jun 2003) (E.O.11755) FAR 52.222-19, Child Labor – Cooperation with Authorities and Remedies (DEVIATION 2020-O0019 (JUL 2020) FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246) FAR 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 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 Covered Defense Information and Cyber Incident Reporting 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 252.211-7003, Item Unique Identification and Valuation DFARS 252.223-7008, Prohibition of Hexavalent Chromium DFARS 252.225-7001, Buy American Act 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 252.243-7002, Requests for Equitable Adjustment DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.247-7023, Transportation of Supplies by Sea FAR 52.209-4 First Article Approval-Government Testing (Sep 1989) (a) The Contractor shall deliver _10__ unit(s) per cavity of Lot/Item _MJU 76/B Square Seals__ within __four__ 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 _7_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) Alternate I (Jan1997). As prescribed in 9.308-2(a)(2) and (b)(2), add the following paragraph (j) to the basic clause: (j) The Contractor shall produce both the first article and the production quantity at the same facility. AMENDMENT 1 The purpose of this amendment is to extend the closing date from 09 May 2022, to 18 May 2022. AMENDMENT 2 The purpose of this amendment is to extend the closing date from 18 May 2022, to 06 June 2022. AMENDMENT 3 The purpose of this amendment is to extend the closing date from 06 June 2022, to 21 June 2022. AMENDMENT 4 The purpose of this amendment is to extend the closing date from 21 June 2022, to 18 July 2022.