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DESCRIPTION MJU-76/B Piston Countermeasure Flare

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 W52P1J22QPIST.

The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07.

The NAICS code for this procurement is 325211; the small business size standard is 1,250 employees. The Product Service Code is 9330.

Offeror 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 76B Piston – First Article Testing; Quantity 10 Per Mold Cavity.

In accordance with Drawing # DEV21006 R2, as found in Attachment 0001 and Drawing #3864AS110 REV B, as found in Attachment 0002.

CLIN 0002: MJU 76B Piston Production; Quantity 57,500

In accordance with Drawing # DEV21006 R2, as found in Attachment 0001 and Drawing #3864AS110 REV B, as found in Attachment 0002.

The following materials will be provided as Government Furnished Property (GFM):

Description Quantity

Lexan Resin EXL 200 lbs.

Estimated delivery of GFM within one week after notice of award via FedEx.

A Certified Material Analysis is required for each item for each delivery. See Attachment 0004.

The Government shall provide Lexan Resin EXL 1330.

JCP ACCESS OF RESTRICTED DRAWINGS

DRAWING ACCESS (See additional Technical Data Package Instructions in Attachment 0005)

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 Request for Quote, access to drawings, and any ultimate Award, is limited Proto Labs, Inc., in accordance with the Synopsis associated with this Solicitation.

DELIVERY AND LOCATION

CLIN Description Suggested Delivery Date

0001 MJU 76B Piston – First Article Testing Four (4) weeks after contract award

0002 MJU 76B Piston Production First delivery; Four (4) weeks after FAT Acceptance

First delivery shall be 10,000 ea.

Deliveries required every four (4) weeks, after first delivery. In the quantity amount of 20,000 ea. 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 0006. The Lot Number shall also be included on the Certificate of Analysis as found in Attachment 0004.

QUOTE/PROPOSAL SUBMISSION REQUIREMENTS

Offeror shall submit the following in response to this solicitation:

1. Price – Offeror must submit Completed Pricing Sheet at Attachment 0003. All yellow-highlighted sections shall be completed. Prices shall be stated to 2 decimal places.


2. Complete Provision at Attachment 0007 – FAR 52.212-3 Alt 1, paragraph (b) only.


3. Complete Provision at Attachment 0008 – FAR 52.204-24.

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).

Total price is calculated as the total sums of CLINS 0001 and 0002.

In accordance with FAR 52.212-1(g), the Government intends to award a contract against this solicitation without discussions.

LISTING OF ATTACHMENTS

Attachment 0001 – Drawing # DEV21006 R2

Attachment 0002 – Drawing # 3864AS110 REV B

Attachment 0003 – Pricing Matrix

Attachment 0004 – Certificate of Analysis Material Attachment

Attachment 0005 – Technical Data Package Information

Attachment 0006 – Lot Number Instructions

Attachment 0007 – Completed Provision, FAR 52.212-3 Alt 1

Attachment 0008 – Submittal Requirement, Provision, FAR 52.204-24

DEADLINE FOR SUBMISSION

Your offer is due on September 30, 2022, no later than 12:30 pm Central Time.

Your offer shall be submitted in the following way:

Electronically via email to:

Rachael Padavich, Contract Specialist, rachael.s.padavich.civ@army.mil

Jacob Toft, Contract Specialist, jacob.j.toft.civ@army.mil

Cindy Wagoner, Contracting Officer, cindy.k.wagoner.civ@army.mil.

Offeror shall include “W52P1J-22-Q-PIST - Response – [Insert Offeror Name]” within the Subject line.

QUESTIONS

Questions shall be submitted in the same manner as the Offer, electronically via email to the Contract Specialist and Contracting Officer

**Note: 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.

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); SEE ATTACHMENT 0008

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

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (NOV 2021)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I (NOV 2021); SEE ATTACHMENT 0007

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

FAR 52.222-25 Affirmative Action Compliance (APR 1984)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

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. (MAR 2022)

The following provisions are provided in full text:

DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O00005) (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 other nongovernmental entity, organization, or group;

(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

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 52.204-13 System for Award Management Maintenance (OCT 2018)

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

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2021)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAY 2022)

FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements of Statements (JAN 2017)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

FAR 52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations ( NOV 2015)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

FAR 52.219-28 Post-Award Small Business Program Rerepresentation (SEP 2021)

FAR 52.222-3 Convict Labor (JUNE 2003)

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (JAN 2022)

FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015)

FAR 52.222-26 Equal Opportunity (SEP 2016)

FAR 52.222-37 Employee Reports on Veterans (JUN 2020)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.222-50 Combating Trafficking in Persons--Alternate I (MAR 2015)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

FAR 52.224-3 Privacy Training (JAN 2017)

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

FAR 52.222-50 Combating Trafficking in Persons (NOV 2021)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

FAR 52.232-3 Protest after Award (AUG 1996)

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 (SEP 2013)

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

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2021)

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (MAR 2022)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019)

DFARS 252.211-7007 Reporting of Government Furnished Property (SEP 2021)

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

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

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

DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration (APR 2020)

DFARS 252.244-7000 Subcontracts for Commercial Items (JAN 2021)

DFARS 252.247-7023 Transportation of Supplies by Sea—Alternate I (FEB 2019)

Addendum to 52.212-4

FAR 52.247-34, FOB Destination

End of Addendum 52.212-4

The following clause(s) are provided in full text:

FAR 52.209-4, First Article Approval – Government Testing (SEP 1989)

(a) The Contractor shall deliver 40 unit(s) of Line Item 0001 to be determined 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 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 paragraphs (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)

DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

COMBO; INVOICE / RECEIVING REPORT

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0303

Issue By DoDAAC W52P1J

Admin DoDAAC** W52P1J

Inspect By DoDAAC W53W9L

Ship To Code W53W9L

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Not Applicable

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Amendment 01

The purpose of this Amendment is to extend the closing date to October 25, 2022.

Amendment 02

The purpose of this Amendment is to extend the closing date to November 17, 2022.

Amendment 03

The purpose of this Amendment is to extend the closing date to November 23, 2022.

Amendment 04

The purpose of this Amendment is to extend the closing date to November 30, 2022.

Attachments/Links