Directorate of Contracting, United States Military Academy, Building 681, West Point, NY 10996

56 -- ASPHALT PAVING MATERIAL SOL DAAG60-00T-0024 DUE 121699 POC Mr. Terrence P. Kenny (914)-938-4508 E-MAIL: Click here to contact the Contract Specialist:, yt3741@usma.edu. i) This is a combined CBD 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; proposals are being requested and a written solicitation will not be issued. (ii) The solicitation number is DAAG60-00-T-0024 and is being issued as a Request for Quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 97-14. (iv) This acquisition is Unrestricted all business concerns shall be considered. The associated standard industrial classification (SIC) code is 2951 with a small business size standard of 500 employees. (v) The solicitation contract line item number, quantity, unit, and end item description is as follows: LINE ITEM 0001. Quantity = 1,230. Unit = NET TON. ASPHALT PAVING MATERIAL: Top Course; Type 6. NSN/MCN: 5610-02-Y02-0605 LINE ITEM 0002. Quantity = 1,620. Unit = NET TON. ASPHALT PAVING MATERIAL: Top Course; Type 7. NSN/MCN: 5610-00-Y01-3825 LINE ITEM 0003. Quantity = 5,520. Unit = NET TON. ASPHALT PAVING MATERIAL: Binder Course; Type 3. NSN/MCN: 5610-01-Y01-6642 LINE ITEM 0004. Quantity = 20. Unit = NET TON. ASPHALT PAVING MATERIAL: Shim Course; Type 5. NSN/MCN: 5610-02-Y02-2162 LINE ITEM 0005. Quantity = 60. Unit = NET TON. ASPHALT PAVING MATERIAL: High Performance Cold Patch; Standard Mix. NSN/MCN: 5610-01-Y01-6816; stripping resistance of retained coating not less than 75%; permanent asphalt repair shall remain cohesive and flexible to -15 degrees; capable of retaining adhesive qualities in wet conditions; shelf life in uncovered stockpile 2 years; plant mixing ratio 5.5% blend of 110 lb. per finished ton; materials liquid blend of 110 LB per finished ton; materials: aggregate -- crushed limestone meeting specifications under ASTM C136- passing 3/8" mesh 90 -- 100%, # 4 mesh 20 -55%, #8 mesh 5 -- 30%, #16 mesh 0 -- 1-%, #50 mesh 0 -- 55, ASTM soundness loss 12.0% max., ASTM 131 Los Angeles abrasion test 40% max.; ASTM C117- 200 sieve (by wash) 2.0% max., ASTM C127, 128 absorption 1.0 -2.0% max., ASTM C128 specific gravity 2.55 -2.75% Max, ASTM aggregates 3.0% max.; Bituminous Material -- liquid blend QPR 2000 from U.S. Pro-Tec Inc. or Equal, ASTM 1310 flash point (TDC) 200 degrees F min., ASTM2170 kinematics viscosity at 140 degrees F 300 -- 4000, ASTM 95 water 0.2% max., ASTMD402 distillate test (volume of original sample) to 437 degrees F none, to 5000 degrees F 0 -5%, to 600 degrees F 0 -- 25%, residue from distillate 680 degrees F 72 -- 95%; New York State DOT 15-403.2030 Modified Mix. vi) Additional pertinent information for all line items shall include the following: GENERAL: B1: This is a two (2) year Requirements Contract and all quantities are estimated. Bidders are cautioned that delivery is on an as ad when called for basis. NOT ONE LUMP SUM DELIVERY (See Section F) B2: Unit Prices are subject to adjustment based on price adjustment index computed and published by the New York State Office of General Services for Group 31501 and 31502 Bituminous Material. Positive Price adjustments shall be added to the original per ton bid price. Negative Price adjustment shall be subtracted from the original price. Any adjustments made to price will be based on the Government pickup "Date of Materials". B3: Bid Prices must reflect the Index Price in effect on 01 November 1999. B4 Method of Payment: The Government Wide Commercial Purchase Card is authorized for use in placing orders. Payments shall be made upon acceptance of materials. All payments shall be made utilizing the Government Credit Card (VISA). DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C1: Specifications for CLINS 0001 thru 0004 are as follows: C1.1 Contractors plant shall be within Forty-Five (45) Minutes from West Point, NY. The Forty-Five (45) minutes is understood to be the time it takes to drive a fully laden truck, via truck routes from the Contractor's plant to West Point, NY. C2: Specifications for CLINS 0001 thru 0006 are as follows: C2.1 Asphalt shall conform to New York State Standard Specifications, Department of Transportation dated 1990, table 401-1. C3 Specification for CLIN 0005 are as follows: C3.1 Stripping resistance of retained coating not less than 75%; permanent asphalt repair shall remain cohesive and flexible to -15 degrees F, capable of retaining adhesive qualities in wet conditions; Shelf Life in uncovered stockpile 2 years; Plant Mixing Ration 5.5% liquid blend of 110 LB per finished ton. Materials: aggregate -crushed limestone meeting specifications under ASTM C136-passing 3/8" mesh 90 -- 100%, #4 mesh 20 -55%, #8 mesh 5-30%, #6 mesh 0-10%, #50 mesh 0-5%, ASTM soundness loss 12.0 % max., ASTM 131 Los Angels abrasion test 40-0 % max., ASTM C117-200 sieve (by wash) 2.0% max., ASTM C127, 128 absorption 1.0-2.0 % max., ASTM C127 128 specific gravity 2.55-2.75% max., ASTM soft aggregates 3.0% max., Bituminous Material- liquid blend QPR 2000from U.S. Pro-Tec Inc. or equal, ASTM D1310 flash point (TDC) 200 degrees F min, ASTM D2170 kinematics viscosity at 140 degrees F 300 -- 4000, ASTM D95 water 0.2% max., ASTM D402 distillate test (volume of original sample) to 437 degrees F none, to 500 degrees F 0-5% to 600degrees F 0-25%, residue from distillate 680 degrees F 72 -- 95%; New York State DOT 15-403.2030 Modified Mix. C.4 ADDITIONAL INSTRUCTIONS (a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the unit price for material shown in the schedule either increase or decrease. The Contractor shall furnish this notice, in the form of the NYS Price Adjustment Index, with each invoice. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices bid and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and the amount of increase or decrease and the amount of the Contractor's Adjustment Proposal. (b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the Contract Unit prices and it's effective date. The Contracting Officer shall modify the delivery order (1) to include the price adjustment and it's effective date and (2) to revise the unit prices of material as shown in the Schedule to reflect the increase or decrease resulting from the adjustment. The Contractor shall continue performance pending agreement on or determination of, any adjustment and it's effective date. (c) Any price adjustment under this clause is subject to the following limitation: (1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the unit prices for material shown in the schedule. There shall be no adjustment for (i) supplies and services for which the production cost is not affected by such changes, (ii) changes in unit prices other than those shown in the schedule, or (iii) changes in quantities of material used for those shown in the schedule for each item. (2) No upward adjustment shall apply to supplies and services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor's failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor's control and without it's fault or negligence, within the meaning of the Default Clause. (3) The aggregate of the increases in any contract unit price under this clause shall not exceed 20 percent of the original contract unit price (d) The Contractor shall include with the final invoice a certification that the Contractor either (1) has not experienced a decrease in rates of pay for labor (including fringe benefits) or unit prices for materials shown in the Schedule or (2) has given notice of all such decreases in compliance with paragraph (a) of this clause. (e) The Contracting Officer may examinethe Contractor's books, records, and other supporting data relevant to the cost of material during all reasonable times until the end of three (3) years after the date of final payment under this contract or the time period specified in subpart 4.7 of the Federal Acquisition Regulation, whichever is earlier. D DELIVERY AND PERFORMANCE D1 PERFORMANCE CRITERIA: Contractor shall provide materials, at his plant, within twenty-four (24) hours after delivery order is issued. Materials will be picked up by a Government Representative. Contractor shall not direct the Government vehicle to another location/facility. RECORDING TRUCK SCALE: Each continuous mixing plant shall have approved platform scales, equipped with recording device. The recorder shall produce a ticket with printed digital record of Gross and Tare Weights of the delivery truck along with a time/date print. Tare weights shall be printed either by weighing each truck empty for each delivery or by setting the Tare Weight on the recorder so that it isprinted along the Gross Weight. Provisions shall be made so that scales may not be manually manipulated during the printing process. D2 Performance Period D2.1 The Performance Period for this Contract shall be from the Date of Award thru 30 November 2001. D3 Delivery Orders: D3.1 Delivery Orders: Written and/or Oral Delivery Orders will be issued by the Contracting Office, U.S. Military Academy, West Point, NY. When oral (telephonic) delivery orders are placed, a written confirming delivery order will follow. Specific quantities and sizes shall be furnished to the successful Contractor at the time Delivery Orders is issued. (vii) Prices quoted shall be FOB Origin. (viii) The Federal Acquisition Regulations (FAR) provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. (ix) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Jan 1997), applies to this acquisition. Offerors shall include a completed copy of FAR 52.212-3 with its offer. (x) FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. (xi) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 1996), applies to this acquisition. The following additional clauses cited in FAR 52.212-5 by reference are applicable to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I; 52.219-8, Utilization of Small Business Concerns; 52.219-26, Small Disadvantaged Participation Program-Incentive Subcontracting; 52.222-26, Equal Opportunity; 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans; 52.222-36, Affirmative Action for Handicapped Workers; 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era; 52.225-18, European Union Sanction for End Products; 52.232-36, Payment by Third Party; 52.233-3, Protest After Award. (xii) The Defense Federal Acquisition Regulation Supplement (DFARS) provision at252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Feb 1997), applies to this acquisition. The following additional clauses cited in DFARS 252-212-7001 by reference are applicable to this acquisition: 252.225-7012, Preference for Certain Domestic Commodities; 252.225-7036, Buy American Act-North American Free Trade Agreement. (xiii) The following additional provisions/clauses are applicable to this acquisition: 52.211-16, Variation in Quantity; 52.216-18, Ordering; 52.216-21 Requirements 52.216-19 Order Limitations (xiii) Each Offeror shall review the preceding clauses and provisions incorporated by reference in paragraphs (viii) through (xiv) above and return a completed copy of FAR 52.212-3, DFARS 252.225-7035 along with their offer. (xv) 52.252-2. Clauses Incorporated by Reference; This contract incorporates one or more clauses by reference, with same force and effect as if they were given in full text. Upon request, the Contract Officer will make their full text available. Also, the full text of FAR and DFARS provisions and clauses may be accessed electronically at these addresses: "http://www.arnet.gov/far", "http://farsite.hill.af.mil", "http://www.acq.osd.mil/dp/dars/dfars.html" . (xvi) Offerors are informed that any subsequent amendments to this solicitation will be issued as a CBD Notice. (xvii) Offers, including completed provisions, shall be submitted on or before 2:30 PM EST, December 16,1999 Directorate of Contracting, CSDI, Attn: Terrence P. Kenny, Bldg. 681, USMA, West Point, NY 10996. Faxed quotes will not be accepted. All responsible business sources may submit an offer, which will be considered. Posted 11/22/99 (W-SN402665). (0326)

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