Solicitation_70Z08418RBHQ00400.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08418RBHQ00400

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the supplies outlined in this solicitation in accordance with FAR Part 15, Contracting by

Negotiation, utilizing full and open competitive procedures. The NAICS Code is 332312 and the size standard is 750 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 any Solicitation Amendments (SF-30) issued by the Government.

2. You must submit ALL of following by the date and time specified on the SF-33/Block 9.

(a) Volume I – Technical Proposal (See Section L.1.2 for complete details)

(b) Volume II – Past Performance Information (See Section L.1.3 for complete details)

(c) Volume III – Price Proposal (See Section L.1.4 for complete details)

3. Submit your offer with all required documentation and information to the following address [electronic submission (e.g., facsimile, e-mail) is not authorized]:

U.S. Department of Homeland Security

United States Coast Guard

SILC-COCO-BSS-COB4

Attn: Victoria Worrell, CTR

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

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

4. 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 and/or concerns regarding this solicitation shall be submitted in writing (no telephone calls) to the Contract Specialist at Victoria.W.Worrell@uscg.mil no later than July

31, 2018, 3:00 PM Eastern. The Government may make a determination not to allow follow-up/additional questions 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 passed.

*Only send questions/concerns to the Contract Specialist listed above or, if not available, to the Primary Contracting

Officer listed in Section G.1. DO NOT ask or submit questions/concerns regarding this RFP to any other USCG or government personnel (e.g., COR, program/project manager, requesting unit, etc.).* mailto:Victoria.W.Worrell@uscg.mil

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 urgent and compelling reasons 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) 475-5786.

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15CFR 350)

RATING PAGE OF

1 56 PAGES

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

70Z08418RBHQ00400 SEALED BID (IFB) NO.

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USCG SILC (COB4)

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and bidder”.

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in Block 7 above, Attn: Victoria W. Worrell until 3:00PM local time

08/07/2018 (Hour) (Date)

CAUTION LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

Victoria W. Worrell

B. TELEPHONE (NO COLLECT CALLS)

(757) 628-4122 Ext.

C. E-MAIL ADDRESS

Victoria.W.Worrell@uscg.mil

11. TABLE OF CONTENTS

() SEC. DESCRIPTION PAGE(S) () SEC. DESCRIPTION PAGE(S)

PART I THE SCHEDULE PART II CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 23-33

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-3 PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 4-6 X J LIST OF ATTACHMENTS 34

X D PACKAGING AND MARKING 7 PART IV REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8-9 X K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE 10-11 OTHER STATEMENTS OF OFFERORS 35-43

X G CONTACT ADMINISTRATION DATA 12-15 X L INSTRS. CONDS., AND NOTICES TO

OFFERORS

44-53

X H SPECIAL CONTRACT REQUIREMENTS 16-22 X M EVALUATION FACTORS FOR AWARD 53-56

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 90 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point (s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

(See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND

ADDRESS

OFFER (Type or print)

OF

OFFEROR ,

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

17. SIGNATURE 18. OFFER DATE

( ) Ext.

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION:

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOW IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

USCG Finance Center

Chesapeake, VA

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV,. 9-97)

Previous edition unusable Prescribed by GSA – Far (48CFR) 53.214 (c)

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page

Solicitation 70Z08418RBHQ00400 2 of 56

NAME OF OFFEROR OR CONTRACTOR

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SUPPLY

The contractor shall provide all material, equipment, labor, supervision, tools, transportation, and other items or services (except as stated herein) necessary to fabricate and deliver Swivels. The

Contractor shall perform in accordance with the awarded contract and comply with all applicable federal, state, local and municipal laws, regulations and requirements; all industry standards/references; and, all Government and Coast Guard Regulations, attachments and exhibits listed herein applicable to the performance of the contract and to contractor personnel. The contractor shall instruct and guide its employees regarding any directives provided by the U.S. Coast Guard. The contractor shall provide the necessary program management oversight to assure that all delivery schedules are met and that subcontracted parts and services meet all requirements of the contract.

B.2 SWIVELS AND RELATED PRODUCTS

Fixed Unit Prices shall include all costs to construct the products which include, but are not limited to, cost of material, direct and indirect labor, transportation, required lot testing, overhead, general and administrative (G&A) expenses, profit, and all applicable Federal, State, and local taxes and duties. NOTE: the Economic Price Adjustment (EPA) Steel Clause of this contract is applicable only to the cost of steel.

*Transportation: Fixed Unit Prices shall include the cost for packaging, loading, and all delivery charges. The contractor shall not levy any charges on the transportation costs (i.e., overhead, G&A, profit, etc).

B.3 ESTIMATED QUANTITIES

The estimated quantities listed in the price schedule shall not be a representation to the contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will be stable or normal.

B.4 PRICING OF DELIVERY ORDERS

The pricing of individual delivery orders will be governed by the rates in effect on the day of issuance of the order and those rates will govern until the end of the performance under that order.

B.5 ABBREVIATIONS

The following abbreviations are used in the Price Schedule and throughout this document:

CLIN: Contract Line Item Number NSP: Not Separately Priced

EA: Each TBD: To Be Determined

LT: Lot

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B.6 PRICE SCHEDULE

The below verbiage will be deleted from the awarded contract and replaced with the Price Schedule (Attachment 1) upon award.

(1) The offeror shall complete the Price Schedule (Attachment 1), which includes tabs for each performance period (Base Period – Option Period 4), in the Excel document and submit with their completed offer.

(2) The offeror shall provide a “Unit Price” for all items. Although formulas to calculate the “Estimated

Amounts” and the “Estimated Grand Totals” are in the Excel spreadsheet, please double check that the calculations are correct before you submit your proposal.

(3) For each CLIN/item, the offeror shall provide the amount of the portion of the unit price that is subject to one of the EPA Clauses in the columns labeled “Portion of the Unit Price Subject to the EPA”.

Buoy & Related Product CLINs are subject to the EPA Clause for Steel. For purposes of submitting a proposal, the “Portion of the Unit Price Subject to the EPA” should be the same amount for the same item for all performance periods (Base Period – Option Period 4).

Example: When an offeror completes the Price Schedule (Attachment 1), if the “Portion of the Unit Price Subject to the EPA” for CLIN 00001 , Swivel, Buoy 2 inch 1st Class, is $100 for the Base Period, then it should be $100 for each Option Period CLIN for the same item (CLINs 10001 – 40001) also. (Note: The below sample involves the same item)

CLIN

Description of Supplies/Services

Portion of Unit

Price Subject to

EPA

00001 Swivel, Buoy 2 inch 1st Class $100.00

10001 Swivel, Buoy 2 inch 1st Class $100.00

20001 Swivel, Buoy 2 inch 1st Class $100.00

30001 Swivel, Buoy 2 inch 1st Class $100.00

40001 Swivel, Buoy 2 inch 1st Class $100.00

(4) The completed awarded price schedule will be incorporated into section B.6 of the contract upon award.

(END OF SECTION B)

Solicitation 70Z08418RBHQ00400 4 of 56

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The contractor shall manufacture and deliver to the Government Swivels for USCG Waterway

Operations Product Line (WOPL) used by Aids to Navigation (ATON) units across the U. S.

Coast Guard that meet the requirements identified in the Specification for Fabrication of

Shackles, Modeer Shackles, and Swivels; Spec No. 417. These specifications include certain measurements, type of metals needed, certain strength capabilities, and inspection and testing requirements. In addition, the contractor then has to be able to deliver them in approved packaging to USCG Yard Baltimore, MD, by the specified due date listed on the individual delivery orders.

C.2 SCOPE OF WORK

The Contractor shall provide the Coast Guard with swivels. The Contractor shall furnish all necessary material, labor (direct and indirect), equipment, facilities and supervision to manufacture, fabricate and ship the swivels. The Contractor shall provide the necessary program management oversight to assure that all delivery schedules are met and the subcontracted parts and services, if any, meet all requirements of this contract.

C.2.1 Line Items. Below are the list of Swivels with relevant U. S. Coast Guard Specifications and drawing numbers:

CLIN NSN Description Specification

No.

Drawing

No.

X0001 4030 00 729 6089 Swivel, Buoy 2 inch 1st Class 417 121081

X0002 4030 00 729 6090 Swivel, Buoy 1 ¾ inch 2nd Class 417 121081

X0003 4030 00 729 6091 Swivel, Buoy 1 ½ inch 3rd Class 417 121081

X0004 4030 00 729 6094 Swivel, Buoy 1 ¼ inch 4th Class 417 121081

C.3 APPLICABLE DOCUMENTS

See list of attachments, Section J.

C.4 PROGRAM MANAGEMENT

Meetings shall be held regularly to ensure effective program management and efficient and effective resolution of problems throughout the life of the contract. At least ten (10) working days before any meeting, unless otherwise stated the party requesting or hosting the meeting

(Contractor or Government) shall notify the other party (Contractor or Government) of the time, Solicitation 70Z08418RBHQ00400 5 of 56 date, location and proposed agenda of the meeting. The types and frequency of these meetings shall include, as a minimum, those described as follows:

C.4.1 Post-Award Conference: A post-award conference shall be required prior to the commencement of any work under this contract. The conference is anticipated to be approximately one day in duration. At the Contracting Officer’s discretion, the conference shall be at the Contractor’s facility, or by teleconference call.

C.4.2 Program Overview Meeting (POM): Shall be held, if requested, by the Government or

Contractor. The Contractor shall conduct the POM at the Contractor’s facility, a Government facility, or a subcontractor’s facility, as appropriate for the major topics of discussion. The purpose of POMs shall be to surface, discuss, and resolve or assign responsibility for resolving through mutual agreement, technical, schedule and programmatic issues associated with this contract. The Contracting Officer’s Representative (COR) or Contracting Officer may also require a POM if the COR or Contracting Officer believes there are technical problems, schedule risks, or issues that require Government attention. The party requesting the POM (Contractor of

Government) shall prepare and submit an agenda for review by the other party at least ten (10) calendar days prior to each POM. Either party may request additional items to be added to the agenda. The Government will publish the final agenda prior to the POM. The Government will also prepare and distribute minutes for all POMs. The minutes shall include a narrative summation of each issue discussed at the POM, a list of attendees, list of action items, if any, and a schedule of planned activities.

C.4.3 Product quality shall be monitored through random quality assurance inspections by Coast

Guard personnel and/or Coast Guard-contracted inspectors at the Contractor’s facility

(manufacturing plant) during production and upon delivery of the swivels.

C.4.4 If a new Contractor is considered for the Contract, a Pre-Award Conference and Site

Inspection shall take place before award to ensure the Contractor is capable of meeting the

Contract requirements. The Conference is anticipated to be approximately one day in duration.

C.4.5 Pre-Full-Rate Production Review. The purpose of this review shall be to verify that all lessons learned during First Article Testing have been incorporated into the design and technical data prior to full scale production. At this time, the Contractor shall demonstrate readiness to begin full-scale production. This review will be scheduled by the Contractor prior to beginning full-scale production. This paragraph applies only if First Article Testing requirement is not waived.

C.5 GOVERNMENT FIRST ARTICLE TESTING/VERIFICATION

The contractor shall be required to submit for approval a first article lot production in accordance with FAR Clause 52.209-3, First Article Approval-Contractor Testing, included in Section I of this contract. The first article lot shall include five (5) each of the following: Swivel, Buoy 2 inch

Solicitation 70Z08418RBHQ00400 6 of 56

1st Class; Swivel, Buoy 1 ¾ inch 2nd Class; Swivel, Buoy 1 ½ inch 3rd Class; and Swivel, Buoy

1 ¼ inch 4th Class.

Prior to First Article approval, the Government reserves the right to conduct its own conformance testing and evaluation. This testing may encompass the testing identified in the Specification document referenced in Section J, Attachment 3 (Specification for Fabrication of Shackles, Modeer Shackles, and Swivels; Spec No. 417). This paragraph applies only if First Article testing requirement is not waived. Approval as used in this paragraph means the contracting officer’s written notification to the contractor accepting the test results of the first article. The initial delivery order is expected to be awarded at the time of award and will execute the first article testing requirement. Subject to Contracting Officer’s review and approval and in accordance with

FAR Clause 52.209-3, the contractor may request a waiver to this requirement.

C.6 ORDERING SEQUENCE OF EVENTS

C.6.1 Award First Article: Upon award of the contract or after the Post-Award Conference, the

Government may issue a Delivery Order for First Article Testing of Swivels. Upon completion of the First Article production run, the Contractor shall conduct first article test and inspections at the Contractor’s facility, which may be witnessed by the Contracting Officer’s Representative

(COR).

C.6.2 Government Approval, Conditional Approval, and Disapproval of First Article Test

Report and First Article. First Article Testing and Approval shall be conducted in accordance with FAR 52.209-3 and U.S. Coast Guard Ocean Engineering Specification No. 417, Rev. G.

C.7 WARRANTY OF PERFORMANCE

The contractor shall warrant all items against defects in material or workmanship in accordance with FAR Clause 52.246-17. The Contractor warrants:

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform to the requirements of this contract.

C.7 MATERIAL INSPECTION AND RECEIVING REPORT

The contractor shall comply with Section E (Inspection and Acceptance) of the contract when delivering swivels.

(END OF SECTION C)

Solicitation 70Z08418RBHQ00400 7 of 56

SECTION D

PACKAGING AND MARKING

D.1 PACKING

All items delivered under this contract shall be packaged and marked as per Specification for

Fabrication of Shackles, Modeer Shackles, and Swivels; Spec. No. 417, Rev. G.

D.2 MARKING OF SHIPMENTS

The Contractor shall mark all shipments under this contract with the contract number and delivery order numbers. Further, the shipments shall be marked in accordance with the current edition of MIL-STD-129, "Marking for Shipment and Storage," in effect as of the date of the solicitation, and any other special marking as may be specified in Specification for Fabrication of

Shackles, Modeer Shackles, and Swivels; Spec. No. 417, Rev. G.

D.3 BAR CODING. Bar coding IS REQUIRED and shall be in accordance with linear (Code

39) bar code.

D.4 INCLUSION OF CONTRACT NUMBER AND DELIVERY ORDER NUMBER ON

DOCUMENTATION

The contractor shall include the contract number and delivery order number on the following documentation:

(1) Shipping documentation;

(2) Invoices; and

(3) Correspondence pertaining to a particular delivery order.

(END OF SECTION D)

Solicitation 70Z08418RBHQ00400 8 of 56

SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with USCG Shore Infrastructure Logistics

Center, Waterways Operations Product Line, Washington, DC Specification entitled, “Fabrication of Shackles, Modeer Shackles, and Swivels”; Spec No. 417, specifically Section 3.

(a) Notwithstanding the provisions of the "Inspection of Supplies" clause of this contract, supplies accepted by the Government are warranted by the Contractor to be free from any defects in material or workmanship and are also warranted to be in conformity with contract requirements. The word "accepted" as used herein means the execution of the

Acceptance Block and signing of a DHS 700-21 Form by an authorized Government representative.

(b) Whenever practicable, the Government will, in addition to giving the Contractor notice of any defect or nonconformance, afford the Contractor an opportunity to examine the defective supplies before they are replaced or corrected.

(c) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights otherwise afforded to the Government under this contract.

E.2 MATERIAL INSPECTION AND RECEIVING REPORT (DHS 700-21)

At the time of each shipment of supplies under this contract, the contractor shall prepare and furnish to the Government a DHS 700-21 Form "Material Inspection and Receiving Report

(MIRR)". The DHS 700-21 Form shall be used as a packing list, certification of quality control, and certification of inspection and acceptance.

The original DHS 700-21 Form shall be packed with each shipment and shall contain the following information for the receiving activity:

Attn: Receiving Activity:

1. INSPECT items for correct quantity and shipping damage.

2. SIGN and indicate any discrepancies.

3. SCAN & EMAIL to: Michael.J.Beimel@uscg.mil.

E.3 U.S. COAST GUARD INSPECTION AND/OR ACCEPTANCE (DESTINATION)

U.S. Coast Guard inspection of the supplies or services to be furnished hereunder shall be made at the contractor’s facility and/or destination by the receiving activity. Prior to acceptance of any item to be delivered under this contract, the Government will review the submitted items for compliance with the contractual requirements.

Solicitation 70Z08418RBHQ00400 9 of 56

E.4 ACCESS TO CONTRACTOR FACILITIES

The Contractor shall allow the Contracting Officer or his/her authorized designee to enter the

Contractor or Subcontractor(s) facility for the purpose of observation, inspection, or consultation during all phases of fabrication.

(END OF SECTION E)

Solicitation 70Z08418RBHQ00400 10 of 56

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PLACE OF DELIVERY – DESTINATION

Items shall be delivered to the below address:

USCG Surface Forces Logistics Center

2401 Hawkins Point Road

Building 88 Receiving Room

Baltimore, MD 21226

Contract Number {to be provided with upon contract award}

Delivery Order Number {to be provided with each individual delivery order}

F.2 SHIPPING

All transportation cost shall be included in the fixed price for associated CLIN(s).

F.3 PREPARATION FOR DELIVERY

All deliveries will be made no later than the date specified on the delivery order, unless otherwise discussed and approved by the Contracting Officer. All deliveries shall be made Monday through Friday between the hours of 10:00 am and 3:00 pm, local time of the destination. No deliveries shall be scheduled or made on federally observed holidays. The contractor shall schedule deliveries by contacting the Coast Guard destination specified in each delivery order to set a mutually agreed upon delivery date. To ensure the availability of equipment and Coast

Guard personnel to accept delivery, a minimum of three business days is required between scheduling a delivery and delivery being made. Requests to deliver later than the date specified on the delivery order must be approved by the Contracting Officer. The Coast Guard reserves the right prior to agreeing to a delivery date to declare a date as a non-delivery date. Expenses incurred by the contractor due to failure to make delivery on a mutually agreed upon delivery date shall be the responsibility of the contractor.

F.4 FIRST ARTICLE DELIVERY TESTING SCHEDULE

In accordance with Section C.5 of the solicitation, if the First Article testing requirement is not waived, the Government requires the following first article items to be delivered/tested as indicated below:

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CLIN SUPPLIES QTY UNIT TIME OF DELIVERY

0000A1 Swivel, Buoy 2 inch 1st Class 5 EA 90 days after receipt of a delivery order

0000A2 Swivel, Buoy 1 ¾ inch 2nd Class 5 EA 90 days after receipt of a delivery order

0000A3 Swivel, Buoy 1 ½ inch 3rd Class 5 EA 90 days after receipt of a delivery order

0000A4 Swivel, Buoy 1 ¼ inch 4th Class 5 EA 90 days after receipt of a delivery order

F.5 DELIVERY SCHEDULE

The Government desires delivery to be made according to the following schedule:

Desired Delivery Schedule

CLIN No. Quantity Within Calendar Dates From…..

All CLIN’s All 90 Days of Contracting Officer Issuance of Delivery Order

If the Offeror is unable to meet the desire delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Governments required delivery schedule as follows:

Required Delivery Schedule

CLIN No. Quantity Within Calendar Dates From…..

All CLIN’s All 120 Days of Contracting Officer Issuance of Delivery Order

F.6 ORDERING PERIOD

The term of the contract base ordering period is for one base year (or less depending on the date of award) with the addition of four, one year options which extend the contract through

September 2023. The total contract duration period will not exceed five years. Evaluation of options does not obligate the Government to exercise any option period.

Base Period: October 1, 2018 (or date awarded) – September 30, 2019

Option Period One: October 1, 2019 – September 30, 2020 (if exercised by the Government)

Option Period Two: October 1, 2020 – September 30, 2021 (if exercised by the Government)

Option Period Three: October 1, 2021 – September 30, 2022 (if exercised by the Government)

Option Period Four: October 1, 2022 – September 30, 2023 (if exercised by the Government)

(END OF SECTION F)

Solicitation 70Z08418RBHQ00400 12 of 56

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION PROCEDURES

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: 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: Victoria W. Worrell, Contractor Telephone #: (757) 628-4122

E-Mail: victoria.w.worrell@uscg.mil Fax #: (757) 628-4135

Non-Disclosure Statement /Confidentiality Statement/Certification of Non-Conflict of

Interest Statement:

Victoria W. Worrell, a Government Contractor, employed by Infinity Technology LLC will provide primary Contract Specialist services for this procurement. Although Ms. Worrell is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Barbara T. Spruill, an employee of Infinity Technology LLC. Non-disclosure agreements between Ms. Worrell, Ms. Spruill, and Infinity Technology LLC are required in accordance with the Trade Secrets Act as implemented by FAR 9.505-4.

It is the obligation of offerors/awardees with concerns of non-disclosure, confidentiality, or conflicts of interest on the part of Infinity Technology LLC, Ms. Worrell and Ms. Spruill to contact Infinity Technology LLC at the below address, telephone number, or e-mail address to enter into a Non-Disclosure Statement/Confidentiality statement/Certification of Non-Conflict of

Interest Statement.

mailto:Clenton.A.Shanks@uscg.mil mailto:victoria.w.worrell@uscg.mil

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Infinity Technology LLC

7930 Jones Branch Drive, Su. 800

McLean, VA 22102

POC: Mr. Leroy G. Burney, Vice President

Telephone Number: (703) 854-1670

Email: lburney@itllc.com

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The 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.

G.3 SYSTEM FOR AWARD MANAGEMENT (SAM)

The contractor shall be registered in the System for Award Management (SAM) database prior to award, during performance, and through final of the Contract and any Orders.

G.4 INVOICING AND PAYMENT INFORMATION FOR CONTRACTORS

Material Inspection and Receiving Report (DHS 700-21)

Upon completion of each contract requirement (or monthly increment thereof), the Contractor shall prepare and furnish to the COR/Alternate COR a DHS 700-21 Form, Material Inspection and Receiving Report (MIRR), or an equivalent report approved by the Contracting Officer unless otherwise specified. One (1) copy of the signed DHS 700-21 Form shall be submitted with the invoice. The report shall include:

Contract number

DHS 700-21 Form

Invoice number

CLIN Number, CLIN description, quantity, unit price, and extended price

Description of any invoice deductions

A copy of the Progress Report

Invoices shall not be submitted until the Material Inspection and Receiving Report (DHS 700-21) has been approved and signed by the COR after receipt of CLIN(s) at destination. All invoices must include a copy of the COR signed Material Inspection and Receiving Report (DHS 700-21).

The Data Universal Numbering System (DUNS) number is the primary identifier in the System for Award Management (SAM). Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, contractors are required to ensure that the DUNS number is recorded on every invoice submitted to the US Coast Guard.

mailto:lburney@itllc.com

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G.5 REQUEST FOR PAYMENT - FIXED-PRICE CONTRACTS FOR NON-

COMMERCIAL ITEMS

(a) A request for payment is proper if it includes the items required by the clause at FAR 52.232-

25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. A request for payment may be on form DHS 700-21 or company letterhead as long as it meets the requirements of this clause.

(1) If a request for payment does not include all the items required by the clause at FAR

52.232-25, Prompt Payment, then the request is not proper and shall be returned with a statement of the reason(s) it is not proper.

(2) If a request for payment includes all the items required by the clause at FAR 52.232-25, Prompt Payment but is inaccurate, then the request is not proper and the contractor shall be notified in writing of the error(s); the Government reserves the right to return an inaccurate request for payment with a statement of the reason(s) it is not proper.

(3) The Contractor shall submit all invoices to the following two e-mail addresses:

To: FIN-SMB-YARDTEAM@uscg.mil

Cc: SILC-BSS-COB4-NESSS-Invoices@uscg.mil

In addition, E-mail the invoice and any supporting documentation to:

Victoria.W.Worrell@uscg.mil and Michael.J.Beimel@uscg.mil

(4) Contractor shall submit a proper invoice as identified in FAR Clause 52.232-25, Prompt

Payment. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

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

G.6 GOVERNMENT ORGANIZATIONS AUTHORIZED TO PLACE ORDERS

Only U.S. Coast Guard SILC Contracting Officers are authorized to place orders under the resultant contract(s).

G.7 ORDERING PROCEDURES

G.7.1 Delivery Orders issued under this contract shall be prepared by the SILC Contract

Specialist or designated alternate and signed by a warranted SILC Contracting Officer. The

Contracting Officer via use of Optional Form 347 (OF-347) shall issue the delivery order and shall contain the following information:

(a) Date of order

(b) Contract number and Delivery Order number

(c) Item number, and description, quantity ordered and contract price mailto:FIN-SMB-YARDTEAM@uscg.mil mailto:SILC-BSS-COB4-NESSS-Invoices@uscg.mil mailto:Victoria.W.Worrell@uscg.mil mailto:Michael.J.Beimel@uscg.mil

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(d) DAFIS document number

(e) Delivery or performance date

(f) Place of delivery or performance

(g) Packaging, packing, and shipping instructions, if any

(h) Accounting and appropriation data

(i) Any other pertinent information

G.7.2 A Delivery Order may be placed by written directive, or in emergency circumstances, by verbal order, facsimile, or electronic commerce (e-mail) per FAR 52.216-18. Information described in paragraph 1 above shall be furnished to the contractor at the time of order. An emergency order will be confirmed with a Form OF-347 delivery order within three (3) workdays after a call is placed.

(END OF SECTION G)

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SECTION H

SECTION H - Special Contract Requirements

H.1 ECONOMIC PRICE ADJUSTMENT (EPA) - RAW MATERIAL (STEEL)

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

(b) A portion of the unit prices for the following Contract Line Item (CLINs) are subject to the EPA for steel. Note CLINs 00001 – 00004 are not subject to the EPA for steel.

Base Ordering Period CLINs 00001 – 00004 (NOT SUBJECT TO AN EPA)

Ordering Period One CLINs 10001 – 10004

Ordering Period Two CLINs 20001 – 20004

Ordering Period Three CLINs 30001 – 30004

Ordering Period Four CLINs 40001 – 40004

(c) 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; 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.

(d) 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.

(e) Beginning at the end of the Base Ordering Period and at the end of each subsequent Ordering 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 the affected performance period, then the unit price for the affected performance period and all subsequent performance periods will be adjusted in accordance with this clause. Any upward change in the Index for the affected ordering period will not be made unless requested by the contractor in writing no later than 30 days prior to expiration of current contract ordering period. No requests for adjustment will be accepted if received less than 30 days prior to expiration of current contract ordering period. The aggregate of the increases in any contract unit price made under this clause shall not exceed sixty percent (60%) 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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(f) 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.

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

(2) If applicable, EPA 1 Adjustment will be made before Option Period One is exercised and will affect the CLIN unit prices of Option Periods 1 - 4. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for April, May, and June 2017

(ii) Average Index for April, May, and June 2018

(3) 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 April, May, and June 2018

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

(4) If applicable, EPA 3 Adjustment will be made before Option Period Three is exercised and will affect the CLIN unit prices of Option Periods 3 - 4. The EPA 3 Adjustment shall be based on the change in the Index between the following:

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

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

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

(i) Average Index for April, May, and June 2020

(ii) Average Index for April, May, and June 2021

(g) 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 April 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 April 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 requited (using those months) under the contract.

(h) 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.

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

(1) Calculate average index for April, May, and June 2017 rounded up to four decimal places.

(2) Calculate average index for April, May, and June 2018 rounded up to four decimal places.

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

(4) 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.

(5) Calculate revised CLIN unit prices by adding the price adjustment from above to the original CLIN unit prices for Option Periods 1 - 4.

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(j) 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 items. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

Ordering

Period CLIN Awarded Price

Amount Subject to EPA*

Base Year 0001 $10,000.00 $4,000.00

Option Year 1 1001 $10,500.00 $4,000.00

Option Year 2 2001 $11,000.00 $4,000.00

Option Year 3 3001 $11,500.00 $4,000.00

Option Year 4 4001 $12,000.00 $4,000.00

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

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

(2) EPA 1 Adjustment - Sample Calculations (Completed before Option Period One is exercised):

(i) CLIN 1001 Awarded Unit Price: $10,500.00.

Portion of CLIN 0001 Unit Price subject to EPA: $4,000.00

(ii) Average Index for April, May, and June 2017: 202.1000

(iii) Average Index for April, May, and June 2018: 223.2333

(iv) Index Percent Change: (223.2333 - 202.1000) I 202.1000) X 100 = 10.4569%

(v) Amount of adjustment: $4,000 X .104569 = $418.28 (Rounded to the nearest cent).

(vi) Adjusted CLIN 1001 Unit Price: $10,500.00 + $418.28 = $10,918.28

(vii) Adjusted CLIN 2001 Unit Price: $11,000.00 + $418.28 = $11,418.28

(viii) Adjusted CLIN 3001 Unit Price: $11,500.00 + $418.28 = $11,918.28

(ix) Adjusted CLIN 4001 Unit Price: $12,000.00 + $418.28 = $12,418.28

Table 2 – Sample EPA Calculations (EPA 1)

Awarded

Price

EPA 1

Adjustment

Revised Option

Year Prices

1001 $10,500.00 $418.28 $10,918.28

2001 $11,000.00 $418.28 $11,418.28

3001 $11,500.00 $418.28 $11,918.28

4001 $12,000.00 $418.28 $12,418.28

(3) EPA 2 Adjustment - Sample Calculations (Completed before Option Period Two is exercised):

(i) CLIN 2001 Adjusted Unit Price after EPA 1: $11,418.28.

Portion of CLIN 2001 Unit Price subject to EPA: $4,000.00

(ii) Average Index for April, May, and June 2018: 223.2333

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(iii) Average Index for April, May, and June 2019: 235.3950

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

(v) Amount of adjustment: $4,000 X .054480 = $217.92 (Rounded to the nearest cent).

(vi) Adjusted CLIN 2001 Unit Price: $11,418.28 + $217.92 = $11,636.20

(vii) Adjusted CLIN 3001 Unit Price: $11,918.28 + $217.92 = $12,136.20

(viii) Adjusted CLIN 4001 Unit Price: $12,418.28 + $217.92 = $12,636.20

Table 3 – Sample EPA Calculations (EPA 2)

Revised Prices after EPA 1

EPA 2

Adjustment

Revised Option

Year Prices

2001 $11,418.28 $217.92 $11,636.20

3001 $11,918.28 $217.92 $12,136.20

4001 $12,418.28 $217.92 $12,636.20

(4) EPA 3 Adjustment - Sample Calculations (Completed before Option Period Three is exercised):

(i) CLIN 3001 Adjusted Unit Price after EPA 2: $12,136.20.

Portion of CLIN 3001 Unit Price subject to EPA: $4,000.00

(ii) Average Index for April, May, and June 2019: 235.3950

(iii) Average Index for April, May, and June 2020: 210.3671

(iv) Index Percent Change: (210.3671- 235.3950) I 210.3671) X 100 = (-11.8973 %)

(v) Amount of adjustment: $4,000 X (-.118973) = (-$475.89) (Rounded to the nearest cent).

(vi) Adjusted CLIN 3001 Unit Price: $12,136.20 + (-$475.89) = $

(vii) Adjusted CLIN 4001 Unit Price: $12,636.20 + (-$475.89) = $

Table 3 – Sample EPA Calculations (EPA 3) after EPA 2

EPA 3

Adjustment

Revised Option

Year Prices

3001 $12,136.20 (-$475.89) $11,660.30

4001 $12,636.20 (-$475.89) $12,160.30

(5) EPA 4 Adjustment - Sample Calculations (Completed before Option Period Four is exercised):

(i) CLIN 4001 Adjusted Unit Price after EPA 3: $12,160.30.

Portion of CLIN 3001 Unit Price subject to EPA: $4,000.00

(ii) Average Index for April, May, and June 2020: 210.3671

(iii) Average Index for April, May, and June 2021: 199.4982

(iv) Index Percent Change: (199.4982- 210.3671) I 199.4982) X 100 = (-5.4481%)

(v) Amount of adjustment: $4,000 X (-.054481) = (-$217.92) (Rounded to the nearest cent).

(vi) Adjusted CLIN 4001 Unit Price: $12,160.30 + (-$217.92) = $11,942.39

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Table 4 – Sample EPA Calculations (EPA 4)

Table 5 – Summary of EPA Adjustments

Awarded Unit

Price

Revised Unit

Price After

EPA 1

Adjustment

Revised Unit

Price After EPA 2

Adjustment

Revised Unit

Price After EPA 3

Adjustment

Revised Unit

Price After EPA 4

Adjustment

0001 $10,000.00 N/A N/A N/A N/A

1001 $10,500.00 $10,918.28 N/A N/A N/A

2001 $11,000.00 $11,418.28 $11,636.20 N/A N/A

3001 $11,500.00 $11,918.28 $12,136.20 $11,660.30 N/A

4001 $12,000.00 $12,418.28 $12,636.20 $12,160.30 $11,942.38

(k) Any dispute arising under this clause shall be determined in accordance with and subject to the

“Disputes” clause of the contract.

(l) 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) after EPA 3

EPA 4

Adjustment

Revised Option

Year Prices

4001 $12,160.30 (-$217.92) $11,942.38

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H.2 CONTRACTOR’S RELEASES

The Government may require the Contractor to complete Contractor’s Releases (DHS Form 700-

3 or an equivalent form) at the completion of the contract/each delivery order.

H.3 CONTRACTOR PERFORMANCE EVALUATION

(a) In accordance with FAR Subpart 42.15, Contractor Performance Information, the

Contractor's performance will be evaluated annually throughout the contract ordering period. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions.

The report will be compiled jointly by the Contracting Officer's Technical Representative

(COR) and the Contracting Officer. The Contracting Officer will forward the report to the

Contractor for comments. In the case of a contract with option years, interim reports will be completed.

(b) The areas to be evaluated include, but are not limited to: Quality of Product or Service, Schedule, Cost Control, Business Relations, Management of Key Personnel and Utilization of Small Business.

(c) Each area will be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.

(d) The Contractor Performance Assessment Reporting System (CPARS) shall be used for all performance evaluations. Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

(e) The results of the report will be provided to the Contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the

Contrac…