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; Offers are being requested and a written solicitation (paper copy) will not be issued. Further, Offerors are responsible for monitoring this site for the release of amendments (if any) or other information pertaining to this solicitation. Solicitation FA8051-21-R-3002 is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05 and Defense Federal Acquisition Regulation Supplement Change Notice (DCN) 20210224. See https://www.acquisition.gov/ for the full text of all provisions and clauses incorporated by reference herein. This procurement is being issued as Total Small Business Set-Aside. The NAICS code is 327320 - Ready-Mix Concrete Manufacturing and small business size standard is 500 employees. A Nonmanufacturer Rule individual waiver applies to the acquisition which has been attached to this solicitation. The small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. The provision at 52.212-1, Instructions to Offerors Commercial Items applies to this acquisition. Addenda to the following paragraphs of 52.212-1 are: (b) Electronic proposals are due 7 June2021 at or before 4:00 PM, Central Standard Time (CST) Submit to: [email protected] and [email protected] All questions regarding the solicitation must be submitted by 17 May2021 at 1:00PM CST. Any questions asked over the phone will not be answered. Any questions received after this date and time may not be answered. Questions shall be submitted electronically to the same email addresses identified above. Title Page Limit Technical 50 pages Price Attachment only Past Performance 10 pages Representations and Certifications Attachment only All submitted pages shall be single sided, typed, standard 8.5 x 11 pages. Type shall be no smaller than size 12 font. If page limits are exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Recommend all Offerors confirm the receipt of all emailed proposals via telephone call. Multiple email submissions are recommended if the anticipated file size exceeds 5MB. (b)(4) Factor I Technical: Submit a technical description of the items being offered in accordance with the Statement of Work (SOW) and Appendices A through CCC. Sufficient information must be submitted to prove the items offered meet the required specifications. Offerors shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice. The Offeror shall submit a logistics and shipping plan outlining the approach to meet the requirements as follows: -Buy American and Trade Act Compliance for the ISO containers and kitted items. -Shipment management and tracking by serial number and web access. -Transportability Test Loading Agency (ATTLA) requirements. -Insurance of shipments and the process for replacement of any items damaged during shipment. -Customs requirements for OCONUS shipments. -Arrangements for off-loading of shipments at the destination. The plan should not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. (b)(6) Factor II Price: Offerors shall complete the attached Price Sheet. All pricing shall be on a firm-fixed price basis to include any discounts. Direct shipping costs will be handled on an order to order basis as outlined in the FAR 52.216-18 ordering clause. Please note indirect costs and profit associated with the shipping of items should be accounted for in the pricing for those items in the Price Sheet. The Price Sheet includes cross references to the required specifications for each item. The Price Sheet will be used to establish total evaluated price (TEP). The Price Sheet is based on the estimated number of purchases. The estimated quantities entered on the price sheet are for evaluation purposes only and are not contractually binding. Actual quantities may be higher or lower than estimates. Offerors are required to fill in the unit price and only the unit price for all items identified in the Price Sheet. Failure to fill in all spaces for unit price in the Price Sheet will render the offer unacceptable and the Government will not consider the offer for award in the absence of discussions. The Unit Price should be rounded to the penny to avoid rounding errors. The Price Sheet is not to be altered except for the allowable changes outlined in this document. Extended totals will be automatically calculated by the spreadsheet. Failure to comply with instructions will render the proposal unacceptable and ineligible for award in the absence of discussions. The pricing proposed in the Price Sheet will be incorporated as part of the contract and will be used to place order off the following CLINs: CLIN 0001 ADR Kit Order CLIN 0002 Shipping (b)(10) Factor III Past Performance: Submit past performance information for efforts from the past 5 years of the release of this solicitation to include recent and relevant contracts that are the same or similar to the requirements of this solicitation and include references (including contract numbers, points of contact with telephone numbers and other relevant information). (b)(11) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) The Period of acceptance for offers is 180 calendar days. (d) Product Samples are NOT required by this solicitation. (e) Multiple offers. Offers MAY NOT be submitted for quantities less than those specified. (g) Contract award. The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offerors initial offer should contain the Offerors best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. (h) Multiple awards. The Government intends to make a single award as a result of this solicitation. (k) Offerors shall identify any conflict of interest or appearance issues that might be a potential Organizational Conflict of Interest (OCI). In order to avoid an OCI, KT Consulting, Inc. and Dawson Technical, LLC are excluded from competition as they provided support in the development of the requirements and will provide support as Non-Government advisors. The Non-Government advisors are not part of the proposal analysis or Source Selection decision making process. The Non-Government advisors will only be providing advice as to whether or not proposed supplies and equipment meet the technical specifications and will not have access to any proposal information that includes technical approach, pricing information, or past performance information. Any objection shall be provided in writing to the Contracting Officer within 10 days of solicitation issuance; and shall include a detailed statement of the basis for the objection. Basis of Award The following is an addenda to 52.212-2 Evaluation-Commercial Items. The Lowest Price Technically Acceptable (LPTA) Source Selection Process will be utilized in accordance with (IAW) Appendix C of the Department of Defense Source Selection Procedures as supplemented by the AFFARS. All proposals shall be subject to evaluation by a team of Government personnel based on the following factors: (i) Factor I Technical: Technical Acceptability is based on items offered and the submitted logistics and shipping plan meeting the specifications and requirements outlined in the SOW, Appendices A through CCC, and the solicitation requirements. Proposals will either be rated acceptable or unacceptable. Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation. Unacceptable Proposal does not meet the requirements of the solicitation. (ii) Factor II Price: TEP will be calculated by multiplying the contractor's proposed price for each item by the estimated quantity to be purchased for each item in the CLIN Price Sheet attachment. Pricing will be evaluated for reasonableness and balance as follows: Reasonableness. The Offerors price proposal will further be evaluated to determine whether the overall price the Government expects to pay is fair and reasonable pursuant to FAR 15.404-1(b)(2). Balance. The Offerors proposal will be evaluated for balanced pricing IAW FAR 15.404-1(g). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of price analysis techniques. (iii) Factor III Past Performance: In determining an Offerors relevancy for Past Performance, the Government will consider aspects as they relate to the requirements outlined in the SOW and Appendices A through CCC; similarity of products delivered, complexity, dollar value, duration, contract type, and degree of subcontract/teaming. Recent Past Performance is defined as efforts executed within the last five (5) years from the release date of the solicitation. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the Offeror's Past Performance proposal and information obtained from other sources available to the Government, to include Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), CPARS, or other databases; interviews with Program Managers, Contracting Officers and Fee Determining Official; the Defense Contract Management Agency (DCMA), and commercial sources to assess general trends in the Offerors performance, the number and severity of problems, and the effectiveness of any corrective actions taken. Past Performance will be evaluated as either Acceptable or Unacceptable. A rating of Unacceptable may render a proposal ineligible for award. A lack of Past Performance will not be evaluated favorably or unfavorably and will therefore be evaluated as Acceptable. Adjectival Rating Description Acceptable Based on the Offerors performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offerors performance record is unknown. Unacceptable Based on the Offerors performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort. Award will be made to the Lowest Price Technically Acceptable Offeror with acceptable past performance, and that is determined to be responsible in accordance with FAR 9. Offerors are required to complete representations and certifications found in the provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items The following additional representations and certifications require separate completion. For your convenience all required certifications are provided as an attachment to this solicitation. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation F 52.209-7, Information Regarding Responsibility Matters 52.229-11 Tax on Certain Foreign ProcurementsNotice and Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or ServicesRepresentation. 252.203-7005, Representation Relating to Compensation of Former DoD Officials. 252.225-7000, Buy American--Balance of Payments Program Certificate 252.225-7020, Trade Agreements Certificate. 252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (DEVIATION 2020-O0005) The following FAR and FAR Supplement provisions apply to the acquisition: 52.216-1 Type of Contract The Government contemplates award of a Firm-Fixed Price (FFP) Indefinite Quantity/Indefinite Delivery (ID/IQ) contract with a 5 year ordering period as a result of this solicitation. 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. Alternate I. 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 252.219-7000, Advancing Small Business Growth The following FAR and FAR Supplement clauses apply to the acquisition: 52.212-4, Contract Terms and Conditions -- Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items The following additional FAR clauses cited in the clause are applicable to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.219-6, Notice of Total Small Business Aside DEVIATION 2020-O0008 52.219-8, Utilization of Small Business Concerns 52.219-28, Post Award Small Business Program Re-representation 51.219-33, Nonmanufacturer Rule 52.222-3, Convict Labor 52.222-19, Child LaborCooperation with Authorities and Remedies (DEVIATION 2020-O0019) 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers With Disabilities 52.222-37, Employment Reports on Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 52.229-12, Tax on Certain Foreign Procurements 52.232-33, Payment By Electronic Funds TransferSystem For Award Management 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels Alternate I The following additional FAR and FAR Supplement clauses also apply by reference: 52.203-3, Gratuities 52.204-18, Commercial and Government Entity Code Maintenance 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.247-34, FOB Destination 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7003, Agency Office of the Inspector General 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.205-7000, Provision of Information to Cooperative Agreement Holders 252.211-7008, Use of Government-Assigned Serial Numbers 252.225-7001, Buy American and Balance of Payments Program 252.225-7012, Preference for Certain Domestic Commodities 252.225-7021, Trade Agreements 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. (DEVIATION 2020-O0006) 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7010, Levies on Contract Payments 252.232-7017 Accelerating Payments to Small Business SubcontractorsProhibition on Fees and Consideration. 252.243-7001 Pricing of Contract Modifications 252.243-7002, Requests for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items 252.247-7023, Transportation of Supplies by Sea Basic The following additional FAR and FAR Supplement clauses also apply by full text: 52.216-18 Ordering ???(a)?Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued upon contract award and up to 5 years after. The Government will order quantities from the contract line items at the pre-established pricing in this contract. For each order the Government will provide delivery information in accordance with paragraph 4 of the Statement of Work (SOW). The contractor shall propose firm-fixed priced shipping based on the delivery information provided by the Government. Supporting documentation should be provided by the contractor to demonstrate how the proposed pricing is fair and reasonable (e.g. competing carrier quotes or other data). Shipping costs shall NOT include pass through profit, G&A, overhead, or any other fee or rate. Those costs are to be included as part of the pre-established line item pricing. Contractor personnel supporting OCONUS deliveries shall abide by all Foreign Government Travel Regulations for the countries listed in the SOW. Any OCONUS visits should be short in duration for purposes of delivering orders to the required destinations, therefore OCONUS specific terms and conditions are not anticipated but if are later determined necessary will be negotiated on an order by order basis. ??????(b)?All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. ??????(c)?A delivery order or task order is considered "issued" when ???????????(1)?If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; ???????????(2)?If sent by fax, the Government transmits the order to the Contractor's fax number; or ???????????(3)?If sent electronically, the Government either ????????????????(i)?Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or ????????????????(ii)?Distributes the delivery order or task order via email to the Contractor's email address. ??????(d)?Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. (End of clause) 52.216-19 Order Limitations. ?(a)?Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than?$25,500.00 and the minimum contract guarantee is the amount of the first order which has an anticipated value between $400,000 and $500,000. The Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. ??????(b)?Maximum order. The Contractor is not obligated to honor- ???????????(1)?Any order for a single item in excess of $10,000,000.00 ???????????(2)?Any order for a combination of items in excess of?$10,000,000.00 ???????????(3)?A series of orders from the same ordering office within?30?days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. ??????(c)?If this is a requirements contract (i.e.,?includes the Requirements clause at subsection?52.216-21?of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. ??????(d)?Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within?30?days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 Indefinite Quantity (a)?This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. ??????(b)?Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." ??????(c)?Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. ??????(d)?Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractors and Governments rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period;?provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the final order. (End of clause) 52.219-14 Limitations on Subcontracting (DEVIATION 2020-O0008) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract. (c) Applicability. This clause applies only to (1) Contracts that have been set aside for small business concerns or 8(a) participants; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; (3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8; (4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold; (5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value; (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference; and (7) Orders issued directly to small business concerns or 8(a) participants under multiple- award contracts as described in 19.504(c)(1)(ii). (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractors 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractors 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractors 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractors 75 percent subcontract amount that cannot be exceeded. (f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (g) The Contractor shall comply with the limitations on subcontracting as follows: (1) For contracts, in accordance with paragraphs (c)(1) and (2) of this clause By the end of the performance period for each order issued under the contract. (End of clause) 252.211-7003, Item Identification and Valuation (a)?Definitions. As used in this clause Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. Concatenated unique item identifier means (1) For items that are serialized within the enterprise identifier,?the linking together of the unique identifier?data elements in order of the?issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or (2)? For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier?data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;?and?serial number within the original part, lot, or batch number. Data matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022. Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at?http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency. Governments unit acquisition cost means (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractors estimated fully burdened unit cost to the Government at the time of delivery; and (3) For items produced under a time-and-materials contract, the Contractors estimated fully burdened unit cost to the Government at the time of delivery. Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at?http://www.aimglobal.org/?Reg_Authority15459. Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier. Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or b...