70Z08419FBHQ00100_Solicitation.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08419RBHQ00100

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

Negotiations. This solicitation is set-aside for small business concerns in accordance with FAR Subpart 19.5.

The NAICS Code is 332999 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: Barbara Spruill, 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 Barbara.T.Spruill@uscg.mil no later than April

16, 2019, 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.

*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:Barbara.T.Spruill@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 74 PAGES

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

70Z08419RBHQ00100 SEALED BID (IFB) NO.

NEGOTIATED (RFP) 03/14/2019

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: Barbara T. Spruill until 3:00PM local time

04/16/2019 (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

Barbara T. Spruill

B. TELEPHONE (NO COLLECT CALLS)

(757) 628-4159 Ext.

C. E-MAIL ADDRESS

Barbara.T.Spruill@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 32-43

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-6 PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 7-9 X J LIST OF ATTACHMENTS 44

X D PACKAGING AND MARKING 10 PART IV REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 11-12 X K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE 13-14 OTHER STATEMENTS OF OFFERORS 45-57

X G CONTACT ADMINISTRATION DATA 15-19 X L INSTRS. CONDS., AND NOTICES TO

OFFERORS

58-72

X H SPECIAL CONTRACT REQUIREMENTS 20-31 X M EVALUATION FACTORS FOR AWARD 73

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 70Z08419RBHQ00100 2 of 74

NAME OF OFFEROR OR CONTRACTOR

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 TYPE OF CONTRACT. The Government anticipates award of a Requirements

Contract with Fixed Unit Prices* (subject to an economic price adjustment (EPA) for steel and diesel fuel). The anticipated contract will be for five (5) years, with a Base Period and four

Option Periods, not to exceed 60 months, if all options are exercised.

B.2 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 ATON Buoy Parts (Castings Parts). 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.3 BUOY 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.

NOTE: the Economic Price Adjustment (EPA) Fuel Clause of this contract is applicable only to the cost of fuel.

B.4 ESTIMATED QUANTITES. 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.5 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.6 ABBREVIATIONS

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

CLIN: Contract Line Item Number

EA: Each

NSP: Not Separately Priced

TBD: To Be Determined

Solicitation 70Z08419RBHQ00100 3 of 74

B.7 PRICE SCHEDULE

B.7.1 The offeror shall complete the Price Schedule below, for each performance period

(Base Period – Option Period 4) and return with their completed offer.

B.7.2 For each CLIN/item, the offeror shall provide the amount of the portion of the unit price that is subject to the Economic Price Adjustment (EPA) Clause in Section H. Enter the amount in the columns labeled “Portion of the Unit Price Subject to the EPA. 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, if the “Portion of the Unit Price

Subject to the EPA” for CLIN 10001 , Whistle, Four Ball Buoy, is $100 for the Option Period, then it should be $100 for each remaining Option Period CLIN for the same item (CLINs 2001 –

4001) also. (Note: The below sample involves the same item.)

CLIN Description of

Supplies/Services

Portion of Unit Price

Subject to EPA

0001 Whistle, Four Ball Buoy N/A

1001 Whistle, Four Ball Buoy $100.00

2001 Whistle, Four Ball Buoy $100.00

3001 Whistle, Four Ball Buoy $100.00

4001 Whistle, Four Ball Buoy $100.00

Solicitation 70Z08419RBHQ00100 4 of 74

B.8 SCHEDULE OF SUPPLIES/SERVICES

PRICE SCHEDULE

BASE YEAR: APRIL 23, 2019 – APRIL 22, 2020

(or date of actual award)

CLIN FIRST ARTICLE TESTING

First Article Items: The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture ATON Buoy Parts (Castings Fabrication) in accordance with the U.S. Coast Guard Specification and drawings listed in Section J on the SOW.

000A First Article Items: First article will be required in accordance with FAR

52.209-3 and the requirements in the specification.

EST.

QTY

UNIT

OF

ISSUE

UNIT

PRICE

TOTAL

PRICE

000A01 Whistle, Four Ball Buoy 1 EA

000A02 Whistle, Valve Body Buoy 1 EA

000A03 Rubber Ball 1 EA

000A04 Bell, 85 lb. 1 EA

000A05 Bell, 225 lb. 1 EA

000A06 No. 1 Gong, 60 lb. 1 EA

000A07 No. 3 Gong, 70 lb. 1 EA

000A08 No. 4 Gong, 75 lb. 1 EA

Total CLINs 000A01 through 000A08:

CLIN SUPPLIES/SERVICES EST.

QTY

UNIT

OF

ISSUE

UNIT

PRICE

ESTIMATED

TOTAL

PRICE

Portion of the Unit

Price

Subject to

EPA

0001 The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to fabricate and deliver buoy parts in accordance with the U.S. Coast Guard

Specifications, related specifications and drawings identified in Section J.

0001AA Whistle, Four Ball Buoy EA

0001AB Whistle, Valve Body Buoy EA

0001AC Rubber Ball EA

0001AD Bell, 85 lb. EA

0001AE Bell, 225 lb. EA

0001AF No. 1 Gong, 60 lb. EA

0001AG No. 3 Gong, 70 lb. EA

0001AH No. 4 Gong, 75 lb. EA

Total Estimated Price of CLINs 0001AA-0001AH:

BASE YEAR TOTAL

(CLINS 000A and 0001)

Solicitation 70Z08419RBHQ00100 5 of 74

OPTION PERIOD ONE: APRIL 23, 2020 – APRIL 22, 2021

UNIT

OF

ISSUE

UNIT

PRICE

ESTIMATED

TOTAL

PRICE

Portion of the Unit

Price

Subject to

EPA

1001 The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to fabricate and deliver buoy parts in accordance with the U.S. Coast Guard

Specifications, related specifications and drawings identified in Section J.

1001AA Whistle, Four Ball Buoy EA

1001AB Whistle, Valve Body Buoy EA

1001AC Rubber Ball EA

1001AD Bell, 85 lb. EA

1001AE Bell, 225 lb. EA

1001AF No. 1 Gong, 60 lb. EA

1001AG No. 3 Gong, 70 lb. EA

1001AH No. 4 Gong, 75 lb. EA

Total Estimated Price of CLINs 1001AA-1001AH:

OPTION PERIOD ONE TOTAL

OPTION PERIOD TWO: APRIL 23, 2021 – APRIL 22, 2022

UNIT

OF

ISSUE

UNIT

PRICE

ESTIMATED

TOTAL

PRICE

Portion of the Unit

Price

Subject to

EPA

2001 The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to fabricate and deliver buoy parts in accordance with the U.S. Coast Guard

Specifications, related specifications and drawings identified in Section J.

2001AA Whistle, Four Ball Buoy EA

2001AB Whistle, Valve Body Buoy EA

2001AC Rubber Ball EA

2001AD Bell, 85 lb. EA

2001AE Bell, 225 lb. EA

2001AF No. 1 Gong, 60 lb. EA

2001AG No. 3 Gong, 70 lb. EA

2001AH No. 4 Gong, 75 lb. EA

Total Estimated Price of CLINs 2001AA-2001AH:

OPTION PERIOD TWO TOTAL

Solicitation 70Z08419RBHQ00100 6 of 74

OPTION PERIOD THREE: APRIL 23, 2022 – APRIL 22, 2023

UNIT

OF

ISSUE

UNIT

PRICE

ESTIMATED

TOTAL

PRICE

Portion of the Unit

Price

Subject to

EPA

3001 The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to fabricate and deliver buoy parts in accordance with the U.S. Coast Guard

Specifications, related specifications and drawings identified in Section J.

3001AA Whistle, Four Ball Buoy EA

3001AB Whistle, Valve Body Buoy EA

3001AC Rubber Ball EA

3001AD Bell, 85 lb. EA

3001AE Bell, 225 lb. EA

3001AF No. 1 Gong, 60 lb. EA

3001AG No. 3 Gong, 70 lb. EA

3001AH No. 4 Gong, 75 lb. EA

Total Estimated Price of CLINs 3001AA-3001AH:

OPTION PERIOD THREE TOTAL

OPTION PERIOD FOUR: APRIL 23, 2023 – APRIL 22, 2024

UNIT

OF

ISSUE

UNIT

PRICE

ESTIMATED

TOTAL

PRICE

Portion of the Unit

Price

Subject to

EPA

4001 The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to fabricate and deliver buoy parts in accordance with the U.S. Coast Guard

Specifications, related specifications and drawings identified in Section J.

4001AA Whistle, Four Ball Buoy EA

4001AB Whistle, Valve Body Buoy EA

4001AC Rubber Ball EA

4001AD Bell, 85 lb. EA

4001AE Bell, 225 lb. EA

4001AF No. 1 Gong, 60 lb. EA

4001AG No. 3 Gong, 70 lb. EA

4001AH No. 4 Gong, 75 lb. EA

Total Estimated Price of CLINs 4001AA-4001AH:

OPTION PERIOD FOUR TOTAL

(END OF SECTION B)

Solicitation 70Z08419RBHQ00100 7 of 74

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The contractor shall manufacture and deliver to the Government ATON Buoy Parts (Castings

Parts) for USCG Waterway Operations Product Line (WOPL) used by Aids to Navigation

(ATON) units across the U. S. Coast Guard that meet the requirements in the attached specifications referenced in Section J: 381-F and 357-E. 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 ATON Buoy Parts. The Contractor shall furnish all necessary material, labor (direct and indirect), equipment, facilities and supervision to manufacture, fabricate and ship the ATON Buoy Parts (Castings Parts). 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. Line Items. Below are the list of ATON Buoy Parts (Castings Parts) with relevant U. S. Coast Guard Specifications and drawing numbers:

CLIN NSN Description Specification

No.

Drawing No.

X0001 6350-01-034-1347 Whistle, Four Ball Buoy 381 F 120777 E

X0002 4820-01-034-1348 Whistle, Valve Body Buoy 381 F 120777 E

X0003 2050-00-301-4067 Rubber Ball 381 F 120777 E

X0004 6350-01-034-1349 Bell 85 lb 357 E 120994 F

X0005 6350-01-034-1350 Bell 225 lb 357 E 120994 F

X0006 6350-01-034-1352 No. 1 Gong 60 lb 357 E 120994 F

X0007 6350-01-034-1354 No. 3 Gong 70 lb 357 E 120994 F

X0008 6350-01-034-1353 No. 4 Gong 75 lb 357 E 120994 F

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

Solicitation 70Z08419RBHQ00100 8 of 74

(Contractor or Government) shall notify the other party (Contractor or Government) of the time, 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. 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 buoy parts.

C.4.4 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 one (1) each ATON Buoy Part (CLIN 000A01-

000A08).

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. This paragraph applies only if First Article testing requirement is not waived. Approval as used in this paragraph means the contracting officer’s written

Solicitation 70Z08419RBHQ00100 9 of 74 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 or shortly thereafter 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 for AToN buoy parts. 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 Specification indentified in Section J.

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.8 MATERIAL INSPECTION AND RECEIVING REPORT

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

(END OF SECTION C)

Solicitation 70Z08419RBHQ00100 10 of 74

SECTION D

PACKAGING AND MARKING

D.1 PACKING

All items delivered under this contract shall be packaged and marked to ensure delivery of the items without damage or deterioration of ATON Buoy Parts (Castings Parts) due to the hazards of shipping, handling and storage. Section 5 in Specification 381-F and 357-E provides additional requirements for each line item.

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 individual specifications listed in Section J.

D.3 BAR CODING. Bar coding IS REQUIRED and shall be in accordance with AIM BC 1.

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 70Z08419RBHQ00100 11 of 74

SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with Specifications listed in Section J.

(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 the 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 ACCEPTANCE

U.S. Coast Guard inspection of the supplies or services to be furnished hereunder may 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.

E.4 ACCESS TO CONTRACTOR FACILITIES

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

Solicitation 70Z08419RBHQ00100 12 of 74

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

(END OF SECTION E)

Solicitation 70Z08419RBHQ00100 13 of 74

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 70Z08419DBHQ00100

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

F.2 SHIPPING

All transportation costs 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 COR 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.

Solicitation 70Z08419RBHQ00100 14 of 74

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:

CLIN SUPPLIES QTY UNIT TIME OF DELIVERY

ALL ALL 1 EA

60 days after receipt of a delivery order

F.5 DELIVERY SCHEDULE

Delivery shall 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

F.6 ORDERING PERIOD

The term of the contract base ordering period is for one base year, with four one year options which extend the contract through March 2024. The total contract duration period will not exceed five years. Evaluation of options does not obligate the Government to exercise any option period. The estimated contract period is as follows (dates may be adjusted based on award date):

Base Period: April 23, 2019 (or date of award) – April 22, 2020

Option Period One: April 23, 2020 – April 22, 2021 (if exercised by the Government)

Option Period Two: April 23, 2021 – April 22, 2022 (if exercised by the Government)

Option Period Three: April 23, 2022 – April 22, 2023 (if exercised by the Government)

Option Period Four: April 23, 2023 – April 22, 2024 (if exercised by the Government)

(END OF SECTION F)

Solicitation 70Z08419RBHQ00100 15 of 74

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: 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 Spruill, a Government Contractor, employed by Infinity Technology LLC will provide primary Contract Specialist services for this procurement. Although Ms. Spruill is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by

Mr. James Kanash or Ms. Janet Kodmon, employees of Infinity Technology LLC. Non-disclosure agreements between Ms. Spruill, Mr. Kanash, Ms. Kodmon, 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. Kodmon, Mr. Kanash 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

Solicitation 70Z08419RBHQ00100 16 of 74

Infinity Technology LLC

8270 Greensboro Drive, Suite 750

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, the Contractor shall prepare and furnish to the

COR/Alternate COR a DHS Form 700-21, 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 Form 700-21.

Invoice)

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;

mailto:lburney@itllc.com

Solicitation 70Z08419RBHQ00100 17 of 74

(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.

(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.

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.

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-

Solicitation 70Z08419RBHQ00100 18 of 74

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:

Barbara.T.Spruill@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 for the

Delivery Order as issued. 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

(d) Document Requisition number

(e) Delivery date mailto:FIN-SMB-YARDTEAM@uscg.mil mailto:SILC-BSS-COB4-NESSS-Invoices@uscg.mil mailto:Michael.J.Beimel@uscg.mil

Solicitation 70Z08419RBHQ00100 19 of 74

(f) Place of delivery

(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)

Solicitation 70Z08419RBHQ00100 20 of 74

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 CLIN 0001 – 4001 are not subject to the EPA for steel.

Base Ordering Period CLINs 0001AA – 0001AH (NOT SUBJECT TO AN EPA)

Ordering Period One CLINs 1001AA – 1001AH

Ordering Period Two CLINs 2001AA – 2001AH

Ordering Period Three CLINs 3001AA – 3001AH

Ordering Period Four CLINs 4001AA – 4001AH

(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" for steel 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

Solicitation 70Z08419RBHQ00100 21 of 74 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.

(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 October, November, and December 2018

(ii) Average Index for October, November, and December 2019

(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 October, November, and December 2019

(ii) Average Index for October, November, and December 2020

(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 October, November, and December 2020

(ii) Average Index for October, November, and December 2021

(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 October, November, and December 2021

(ii) Average Index for October, November, and December 2022

(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.

Solicitation 70Z08419RBHQ00100 22 of 74

(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 October, November, and December 2018 rounded up to four decimal places.

(2) Calculate average index for October, November, and December 2019 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.

(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 1001 Unit Price subject to EPA: $4,000.00

(ii) Average Index for October, November, and December 2018: 202.1000

(iii) Average Index for October, November, and December 2019: 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

Solicitation 70Z08419RBHQ00100 23 of 74

Table 2 – Sample EPA Calculations (EPA 1)

CLIN

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 October, November, and December 2019: 223.2333

(iii) Average Index for October, November, and December 2020: 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…