70Z08418QBB800200.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08418QBB800200

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the services/supplies outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Test Program for Certain Commercial Items (DHS Class Deviation From FAR Subpart 13.5 Test Program for Certain Commercial Items).

This solicitation is issued “Unrestricted” under Full and Open Competition in accordance with FAR Subpart 6.1. The NAICS code is 332618 (Other Fabricated Wire Products Manufacturing) and the size standard is 500 employees.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation, including any attachments, to ensure completion of all required representations, certifications and submissions. Acknowledge all Solicitation Amendments (SF-

30) issued by the Government.

2. Your offer shall include ALL of the documents and information listed on pages 52-59 (FAR Provision 52.212-1, (b) Submission of Offers); and your offer shall be received by our office at or before the exact date and time specified on page 1 of the SF-1449, Block 8 to be eligible for award. Also, see FAR Provision 52.212-2 (pages 47-48) for Evaluation Factors.

3. Submit your offer, with all required documentation to the following mailing address:

U.S. Department of Homeland Security United States Coast Guard

SILC-COCO-BSS-COB4

Attn: Barbara T. Spruill, Contractor 300 East Main Street, Suite 965 Norfolk, VA 23510-9112

4. DO NOT submit removable memory/storage devices or media, such as, flash drives, thumb drives, memory sticks, hard drives, CD, DVD, or any other similar devices. USCG policy prohibits the use of removable memory/storage devices or media on USCG workstations and the USCG network.

5. This solicitation does not obligate the Government to compensate for any costs incurred by the Offeror in the preparation and/or submission of any offer, nor does it obligate the Government to procure for said services or supplies.

6. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation.

All questions/concerns regarding this solicitation shall be submitted in writing (NO phone calls) to the Point of Contact at barbara.t.spruill@uscg.mil no later than June 7, 2018 3:00 PM Eastern. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. Questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the FedBizOpps website for viewing by all potential offerors.

Answers to questions will be available after the due date for questions/concerns has past.

*Only send questions/concerns to the Point Of Contact listed above or, if not available, to the Primary Contracting Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other USCG or government personnel (e.g., COR, program/project manager, etc.).*

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is (202) 372-3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08418QBB800200

6. SOLICITATION

ISSUE DATE

May 17, 2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Barbara T. Spruill, Contractor

b. TELEPHONE NUMBER (No collect calls)

(757) 628-4159

8. OFFER DUE DATE/

LOCAL TIME

June 7, 2018 3:00 PM, Eastern

9. ISSUED BY CODE 84

U.S. Department of Homeland Security U.S. Coast Guard

SILC-COCO-BSS-COB4

Attn: Barbara T. Spruill, Contractor 300 East Main Street, Suite 965 Norfolk, VA 23510-9112

Telephone: (757) 628-4125 Fax: (757) 628-4135

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS (WOSB) ELIGIBLE

BUSINESS UNDER THE WOMEN-OWNED

SERVICE-DISABLED SMALL BUSINESS PROGRAM

VETERAN-OWNED EDWOSB

SMALL BUSINESS 8(A)

NAICS: 332618

SIZE STANDARD: 500 Employees

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

Net 30

Other: ________________________

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

CONTINUED ON PAGE 2

16. ADMINISTERED BY CODE 84

U.S. Coast Guard (USCG)

SILC-COCO-BSS-COB4

CONTINUED ON PAGE 2

17a. CONTRACTOR/ OFFEROR (NAME / ADDRESS)

DUNS:

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE 51800

U.S. Coast Guard Finance Center Chesapeake, VA

CONTINUED ON PAGE 4

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

*Payments will be made by Electronic Funds Transfer (EFT)*

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM: CONTINUED ON PAGES 3 - 4

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The USCG has a requirement for wire rope in accordance with the Specification on page 9.

Blocks 19 thru 24 continued on pages 6 – 8.

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 AND 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (1) COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE __________________OFFER DATED

_______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

CONTINUATION SHEET FOR:

STANDARD FORM 1449

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Block 15: Deliver To

Deliver To: Various Locations –FOB Destination only (See Attachment 1, Shipping Addresses).

Continuation of SF-1449 Block 16: Administered By (Contract Management)

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, SILC-COCO-BSS-COB4, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112 will perform all contract administration. Communications pertaining to contractual administrative matters shall be addressed to one of the Contracting Officers (KO) listed below. Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG SILC-COCO- BSS-COB4 Contracting Officer.

Contracting Officer: Catherine Prestipino Telephone #: (757) 628-4116 E-Mail: Catherine.Prestipino@uscg.mil Fax #: (757) 628-4135

Contracting Officer: Clenton A. Shanks Telephone #: (757) 628-4115 E-Mail: Clenton.A.Shanks@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer(s): Any warranted USCG SILC-COCO-BSS-COB4 Contracting Officer

Point of Contact: Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Point of Contact: Barbara T. Spruill, Contractor Telephone #: (757) 628-4159 E-Mail: Barbara.T.Spruill@uscg.mil Fax #: (757) 628-4135

Non-Disclosure Statement/Confidentiality Statement/Certification of Non-Conflict of Interest Statement: Barbara T. Spruill, a Government Contractor, employed by Infinity Technology, Limited Liability Company has been assigned as a member of the Acquisition/Evaluation Team for this solicitation. It is the obligation of offerors with concerns of non-disclosure, confidentiality or conflict of interest on the part of Infinity Technology, LLC or Ms. Barbara Spruill to contact Infinity Technology, Limited Liability Company, 7930 Jones Branch Drive, Suite 800, McLean, VA 22102, POC Mr. LeRoy Burney, on 571-765-4776, or at lburney@itllc.com, to enter into a Non-Disclosure/Confidentiality Statement/Certification of Non-Conflict of Interest Statement.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

The Contracting Officer’s Representative (COR) is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Point of Contact: Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Continuation of SF-1449 Block 17b: Remittance Address

Payment will be made by Electronic Funds Transfer (EFT) to the financial institution listed in the System for Award Management (SAM).

Continuation of SF-1449 Blocks 18a and 18b: Invoice Procedures

Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

1. The Contractor shall submit all invoices for supplies or services via the U.S. Coast Guard Finance Center (FINCEN) website at: www.fincen.uscg.mil

(a) Select “Submitting Invoices” under “Vendors” on the right hand side of the screen.

(b) Select “Coast Guard Vendors”

(c) Select “Coast Guard Award Invoices or Contract/Order Invoice” (‘24’ document)

(d) Select “Online: Coast Guard Award Invoices or Contract/Order Invoices “

(e) Go to Step 3 (if contractor has already created a PDF invoice) to complete the “Contractor Invoice Submission Form”.

2. The electronic submission requires the contractor to:

(a) Complete the Contractor Invoice Submission Form

(b) Select the correct Invoice Routing Code, which is SILC PCB-4 (the Contractor must select the correct Invoice Routing Code for timely invoice processing.)

(c) Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.)

(d) If your single PDF file is larger than 3 MB:

Complete the Contractor Invoice Submission Form via the website and attach the invoice document only, then

E-mail the invoice and any supporting documentation to silccocopcb4@uscg.mil.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

3. The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

4. A sample Contractor Invoice Submission Form is provided below. Mandatory information to be completed is highlighted in red on the website.

5. Invoices shall be submitted after the supplies are received, inspected, and accepted by the government.

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

Contract Type/Ordering The contract type is an Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract with Fixed Unit Prices* (with economic price adjustment). Delivery Orders will be issued in accordance with the contract when supplies are required. Delivery Orders will be issued on an Optional Form 347 (OF-347), “Order for Supplies or Services” (or other equivalent form). Individual Delivery Orders will specify the quantity ordered and the required delivery date(s) and locations.

Delivery Orders may be issued orally, by facsimile, by electronic commerce (e.g., e-mail), or by mail. The Contractor is not authorized to provide supplies prior to the issuance of a Delivery Order.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

*Fixed Unit Prices shall include all costs to provide the supplies, which includes, but is not limited to, all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(k), Taxes and all FOB destination, delivery and shipping charges. Note:

FAR Clause 52.212-4(w), Economic Price Adjustment (EPA) – Steel, is only applicable to the cost of steel.

Estimated Quantities The quantities of supplies specified in the “Schedule of Supplies/Services” are estimates only and are not purchased by this contract. The quantities shall not exceed the stated maximum.

Contract Performance Periods

Base Period: September 11, 2018 (or date of award) – September 10, 2019 Option Period 1: September 11, 2019 – September 10, 2020 (If exercised by the Government) Option Period 2: September 11, 2020 – September 10, 2021 (If exercised by the Government)

The contract performance period shall not exceed three years if all option periods are unilaterally exercised by the Government in accordance with FAR Clause 52.217-9.

Abbreviations The following abbreviation(s) are used in the “Schedule of Supplies/Services and Unit Prices.”

CLIN: Contract Line Item Number RL: Reel

Firm-Fixed Prices shall include all costs to provide the service/supplies, which includes all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(k).

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Schedule of Supplies/Services and Unit Prices

Base Period: September 11, 2018 (or date of contract award) – September 10, 2019

CLIN

Location

Estimated Quantity

Unit

Unit Price

Amount

Portion of the Unit Price Subject to

EPA *

0001 Fabricate and deliver Wire Rope as described in the Specification, to the following locations:

0001AA USCGC CHENA, Hickman, KY 200 RL $ $ $

0001AB USCG OBION, Owensboro, KY 150 RL $ $ $

0001AC USCGC GREENBRIER, Natchez, MS 200 RL $ $ $

0001AD USCGC KANKAKEE, Memphis, TN 250 RL $ $ $

0001AE USCGC OSAGE, Sewickley, PA 5 RL $ $ $

0001AF USCGC CHEYENNE, ST. Louis, MO 250 RL $ $ $

0001AG USCGC WEDGE, Demopolis, AL 250 RL $ $ $

0001AH USCGC MUSKINGUM, Sallisaw, OK 10 RL $ $ $

0001AJ USCGC CIMARRON, Buchanan, TN 200 RL $ $ $

USCGC CHIPPEWA, Buchanan, TN

0001AK USCGC KANAWHA, Pine Bluff, AR 300 RL $ $ $

0001AL USCGC PATOKA, Greenville, MS 200 RL $ $ $

0001AM USCGC KICKAPOO, Vicksburg, MS 250 RL $ $ $

0001AN USCGC SANGAMON, Peoria, IL 50 RL $ $ $

0001AP USCGC SCIOTO, Keokuk, IA 5 RL $ $ $

0001AQ USCGC GASCONADE, Omaha, NE 50 RL $ $ $

0001AR ANT COLFAX, Colfax, LA 20 RL $ $ $

Base Year Total $

*The Base Period Unit Prices are not subject to an adjustment in accordance with the EPA clause.

The column labeled "Portion of the Unit Price Subject to EPA" is for informational purposes only regarding the Base Period.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Option Period One: September 11, 2019 – September 10, 2020 (If exercised by the Government)

Price Subject to EPA

1001 Fabricate and deliver Wire Rope as described in the Specification, to the following locations:

1001AA USCGC CHENA, Hickman, KY 200 RL $ $ $

1001AB USCG OBION, Owensboro, KY 150 RL $ $ $

1001AC USCGC GREENBRIER, Natchez, MS 200 RL $ $ $

1001AD USCGC KANKAKEE, Memphis, TN 250 RL $ $ $

1001AE USCGC OSAGE, Sewickley, PA 5 RL $ $ $

1001AF USCGC CHEYENNE, ST. Louis, MO 250 RL $ $ $

1001AG USCGC WEDGE, Demopolis, AL 250 RL $ $ $

1001AH USCGC MUSKINGUM, Sallisaw, OK 10 RL $ $ $

1001AJ USCGC CIMARRON, Buchanan, TN 200 RL $ $ $

USCGC CHIPPEWA, Buchanan, TN

1001AK USCGC KANAWHA, Pine Bluff, AR 300 RL $ $ $

1001AL USCGC PATOKA, Greenville, MS 200 RL $ $ $

1001AM USCGC KICKAPOO, Vicksburg, MS 250 RL $ $ $

1001AN USCGC SANGAMON, Peoria, IL 50 RL $ $ $

1001AP USCGC SCIOTO, Keokuk, IA 5 RL $ $ $

1001AQ USCGC GASCONADE, Omaha, NE 50 RL $ $ $

1001AR ANT COLFAX, Colfax, LA 20 RL $ $ $

Option Period One Total $

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Option Period Two: September 11, 2020 – September 10, 2021 (If exercised by the Government)

Price Subject to EPA

2001 Fabricate and deliver Wire Rope as described in the Specification, to the following locations:

2001AA USCGC CHENA, Hickman, KY 200 RL $ $ $

2001AB USCG OBION, Owensboro, KY 150 RL $ $ $

2001AC USCGC GREENBRIER, Natchez, MS 200 RL $ $ $

2001AD USCGC KANKAKEE, Memphis, TN 250 RL $ $ $

2001AE USCGC OSAGE, Sewickley, PA 5 RL $ $ $

2001AF USCGC CHEYENNE, ST. Louis, MO 250 RL $ $ $

2001AG USCGC WEDGE, Demopolis, AL 250 RL $ $ $

2001AH USCGC MUSKINGUM, Sallisaw, OK 10 RL $ $ $

2001AJ USCGC CIMARRON, Buchanan, TN 200 RL $ $ $

USCGC CHIPPEWA, Buchanan, TN

2001AK USCGC KANAWHA, Pine Bluff, AR 300 RL $ $ $

2001AL USCGC PATOKA, Greenville, MS 200 RL $ $ $

2001AM USCGC KICKAPOO, Vicksburg, MS 250 RL $ $ $

2001AN USCGC SANGAMON, Peoria, IL 50 RL $ $ $

2001AP USCGC SCIOTO, Keokuk, IA 5 RL $ $ $

2001AQ USCGC GASCONADE, Omaha, NE 50 RL $ $ $

2001AR ANT COLFAX, Colfax, LA 20 RL $ $ $

Option Period Two Total $

Total Base and all Options $

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Continuation of SF-1449 Blocks 26: Total Award Amount

Total Minimum Guarantee: $5,000.00 It is anticipated that the minimum guarantee will be satisfied by the issuance of the first delivery order at time of contract award.

Note: If the contract is terminated for cause, the minimum guarantee or the remainder of the minimum guarantee shall not be paid to the Contractor.

SPECIFICATION

Wire Rope Specification

Contractor shall fabricate and deliver ½ inch (nominal diameter), Type I, General Purpose, Class 2, 6x19 wire rope. The wire rope shall be pre-formed, right regular lay, improved plow steel with Polypropylene rope core, uncoated (1/2" 6x19CL PRF RRL PPC IPS BRIGHT) conforming to Attachment 2, “Federal Specification, Wire Rope and Strand, RR-W-410H, dated 24 June 2010.” The Government requires all new equipment.

Wire rope shall be furnished on standard high-grade two-ply wooden reels. Each reel shall contain six hundred (600) feet of wire rope and shall be delivered without protective lubricant.

Light lubrication as required for fabrication will be accepted. Reels shall be shipped on standard wooden pallets with a maximum per pallet weight of 2,000 pounds and package in accordance with the Contractor’s best commercial practices to prevent deterioration and damage during shipping and handling.

Delivery

Delivery of items under this contract shall be accomplished between the hours of 8:00 am and 3:00 pm (local time of specific destination) Monday through Friday. No deliveries shall be made on Saturdays, Sundays and Federal Holidays.

Delivery shall be made to the shipping addresses listed on Attachment 1, Shipping Addresses.

The pallets shall be off-loaded by the Government at each location. The Contractor shall contact the Officer in Charge at each shipping address at least 48 hours prior to delivery.

Marking of Shipments

Each reel shall be marked with the contract number, delivery order number, and name and address of the Contractor in a plainly visible location.

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70Z08418QBB800200

Packaging and Marking

In accordance with FAR Clause 52.247-35, FOB Destination, within Consignees Premises. The Contractor shall deliver the wire rope in accordance with the contract requirements.

CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items

(JAN 2017).

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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70Z08418QBB800200

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

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(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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70Z08418QBB800200

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

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(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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ADDENDUM TO FAR CLAUSE 52.212-4; the following paragraphs are added to the clause.

(w) Economic Price Adjustment (EPA) Clause –Steel

(1) The Contractor warrants that the unit prices in this contract do not include any allowance for any contingency to cover increased costs for steel which adjustments are provided under this clause.

(2) A portion of the unit prices for the following Contract Line Items (CLINs) are subject to the EPA for steel.

Note: Base Period CLINs 0001AA – 0001AQ are not subject to an EPA Option Period One CLINs 1001AA – 1001AQ Option Period Two CLINs 2001AA – 2001AQ

(3) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Iron and Steel, Series ID WPU101, which will be referenced to as “Index” in the remainder of this clause. If for some reason the Index is no longer available or discontinued, the contracting parties shall agree on a new Producer Price Index by March; provided, that if the BLS designated a Producer Price Index with a new title and/or code number as being continuous with the original Index, the new Producer Price Index shall be used. Unless the parties agree otherwise, the substitute Producer Price Index shall be a steel related Producer Price Index which is calculated in such a manner and is based on such factors as would cause it to most closely track the original Index.

(4) Percent changes in Producer Price Indexes shall be calculated on data with the base 1982 = 100 unless the Bureau of the Labor Statistics publishes data on a new base from that time forward.

(5) Beginning at the end of the Base Period and at the end of each subsequent Option Period, the Index will be monitored to see if any adjustment is required. The Government reserves the right to calculate an adjustment if the Index decreases by 3% or more for any affected performance periods. No upward adjustment, for the next affected performance periods, shall be made to the unit prices until requested in writing (with a detailed cost breakdown) by the Contractor; the written request (with detailed cost breakdown) from the Contractor shall be received no later than 30 days prior to expiration of current contract performance period. No requests for adjustment shall be accepted if received less than 30 days prior to expiration of current contract performance period. The aggregate of the increases in any CLIN unit price made under this clause shall not exceed sixty (60) percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

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(6) The CLINS identified in paragraph (b) will be adjusted to the nearest cent prior to the exercise of each Option Period of the contract, based on the percentage change (up or down) of the Index.

(A) Base Period CLIN unit prices are not subject to an EPA adjustment

(B) If applicable, EPA 1 Adjustment will be made before Option Period One is exercised and will affect the CLIN unit prices of Option Periods 1and 2. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for March, April, and May 2018

(ii) Average Index for March, April, and May 2019

(C) If applicable, EPA 2 Adjustment will be made before Option Period Two is exercised and will affect the CLIN unit prices of Option Periods 2 - 4. The EPA 2 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for March, April, and May 2019

(ii) Average Index for March, April, and May 2020

(7) If at the time required for submission of an EPA request, the Index reflects any of the months required to be used for the adjustment as Preliminary (P) data, the Preliminary (P) data will be used and will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

If preliminary or final March data is not available at the time required for submission of an EPA request, the three months with the most recently published (Preliminary or Final) data before March shall be used as the basis for adjustment. The three months that are used will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

(8) Annual Producer Price Index adjustment is not progressive or cumulative. While the adjustment will alter the adjusted unit price for subsequent year calculations, the Producer Price Index annual adjustment applies only to the single following year.

(A) The following calculation methodology will be used to determine if a price adjustment is required before Option Period One is exercised (EPA 1 Adjustment).

(i) Calculate average index for March, April, and May 2018 rounded up to four Decimal places.

(ii) Calculate average index for March, April, and May 2019 rounded up to four decimal places.

(iii) Calculate index percent change rounded up to four decimal places.

(iv) Calculate the price adjustment for each affected CLIN unit price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index and rounding the result to the nearest cent.

(v) Calculate revised CLIN unit prices by adding the price adjustment from above to the original CLIN unit prices for Option Periods 1 and 2.

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(9) With these terms in effect, Tables 1 and 2 below show some hypothetical data and sample EPA calculations which might be made to determine the annual adjusted selling unit prices for steel related stuffs. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

*Portion of unit price not subject to the EPA has been escalated by 3.5% per year by the contractor.

**Portion of unit price subject to EPA is not subject to escalation by the contractor since escalation is included in the index.

(A) Base Period CLIN Unit Prices are not subject to an EPA Adjustment

(B) EPA 1 Adjustment – Sample Calculations (Completed before Option Period One is exercised):

(i) CLIN 0001AA Awarded Unit Price: $5,000.00

Portion of CLIN 1001AA Unit Price not subject to EPA: $1,500.00 Portion of CLIN 1001AA Unit Price subject to EPA: $3,500.00

(ii) CLIN 2001AA Awarded Unit Price: $5,052.00 Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

(iii) Average Index for March, April and May 2018: 202.1000

(iv) Average Index for March, April, and May 2019: 223.2333

(v) Index Percent Change: (223.2333 - 202.1000) / 202.1000) X 100 = 10.4569%

(vi) Amount of adjustment: $3,500 X .104569 = $365.99 (Rounded to the nearest cent)

(vii) Adjusted CLIN 1001AA Unit Price: $5,000.00 + $365.99 = $5,365.99

(viii) Adjusted CLIN 2001AA Unit Price: $5,052.00 + $365.99 = $5,417.99 (Adjusted Portion of CLIN 2001AA subject to EPA: $3,500 + $365.99 = $3,865.99)

(C) EPA 2 Adjustment – Sample Calculations (Completed before Option Period Two is exercised):

(i) CLIN 2001AA Unit Price: $5,417.99 (See paragraph (j)(2)(viii) Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

Portion of CLIN 2001AA subject to EPA: $3,865.99 (See paragraph (j) (2) (viii)

(ii) Average Index for March, April, and May 2019: 223.2333

(iii) Average Index for March, April, and May 2020: 235.3950

(iv) Index Percent Change: (235.3950 - 223.2333) / 223.2333) X 100 = 5.4480%

Period of Performance

CLIN

Awarded Unit Price

Portion of Unit Price not subject to EPA

Portion of Unit Price subject to

EPA

Base Period 0001AA $4,950 $1,450 $3,500** Option Period 1 1001AA $5,000 $1,500* $3,500** Option Period 2 2001AA $5,052 $1,552* $3,500**

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(v) Amount of adjustment: $3,865.99 X .054480 = $210.62

(vi) Adjusted CLIN 2001AA Unit Price: $5,417.99 + $210.62 = $5,628.61

Table 2 - Sample EPA Calculations (EPA Adjustments 1 and 2)

(10) Any dispute arising under this clause shall be determined in accordance with and subject to the Dispute clause of the contract.

(11) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in FAR Subpart 4.7, whichever is earlier.

(End of Clause)

(x) Contractor’s Releases.

The Government may require the Contractor to complete Contractor’s Releases (DHS Form 700-3 or an equivalent…