70Z08419RBHQ01400_SOLICITATION.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08419RBHQ01400

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 a Woman-Owned Small Business set-aside. The NAICS Code is 335912 and the size standard is 1000 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: James Kanash, 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 James

C.Kanash@uscg.mil no later than March 27, 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.

5.

*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:James%20C.Kanash@uscg.mil mailto:James%20C.Kanash@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

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

PAGE OF PAGES

1 49|

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

70Z08419RBHQ01400

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

NEGOTIATED (RFP)

5. DATE ISSUED

03/08/2019

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE BH 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

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 Block 7 above, Attn: James Kanash until 3:00PM (Hour) local 04/08/2019 (Date) .

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

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION CALL:

James C. Kanash AREA CODE

NUMBER

628-4467

EXT.

James.C.Kanash@uscg.mil

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 20-29

X B SUPPLIES OR SERVICES AND PRICE/COST 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5-6 X J LIST OF ATTACHMENTS 30

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8-9 K REPRESENTATIONS, CERTIFICATIONS 31-39

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

X G CONTRACT ADMINISTRATION DATA 12-16 L INSTRS., CONDS., AND NOTICES TO OFFERORS 40-47

X H SPECIAL CONTRACT REQUIREMENTS 17-19 M EVALUATION FACTORS FOR AWARD 48-49

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 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

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

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

(The offeror acknowledges receipt of amendments 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 OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

AREA CODE

EXT.

ADDRESS IS DIFFERENT FROM ABOVE

ENTER 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 COMPETITION:

10 U.S.C. 2304(c) (1) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS

SHOWN 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

(Signature of Contracting Officer)

28. AWARD DATE

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)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page

Solicitation 70Z08419RBHQ01400 2 of 49

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 Lithium Battery Packs used for Ice Buoys. 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 TYPE OF CONTRACT

The contract type is an Indefinite Delivery Requirements Contract with Fixed Unit Prices*. Firm-fixed price delivery orders will be issued in accordance with the contract when supplies are required by the Government. Delivery Orders will be issued on an Optional Form 347 (OF-347), “Order for Supplies or Services” (or other equivalent form). Individual Delivery Orders will specify the CLIN, product, quantity, unit prices, total amount of order, the required delivery date(s), delivery destination(s), and any other pertinent information. Delivery Orders may be issued orally, by facsimile, by electronic commerce

(e.g., e-mail), or by mail. The Contractor is not authorized to provide supplies prior to the issuance of a

Delivery Order.

B.3 LITHIUM BATTERY PACKS FOR ICE BUOYS

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.

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

TBD: To Be Determined

Solicitation 70Z08419RBHQ01400 3 of 49

B.7 PRICE SCHEDULE

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

(1) The offeror shall complete the Price Schedule below which includes each ordering period (Base

Period through Option Period$) and submit with their completed offer.

(2) The offeror shall provide a “Unit Price” for each item. The offeror shall also carry over the

Estimated Quantity x Unit Price to provide an “Estimated Total”. All lines for Estimated Total

Prices shall be completed.

(3) The completed award price schedule will be incorporated into Section B.7 of the contract upon award.

PRICE SCHEDULE

BASE PERIOD - 1 May 2019 (or date of award, whichever is later) - 30 April 2020

CLIN Description of Supplies/Services

Estimated

Quantity Unit

Unit

Price

Estimated

Amount

000A

FIRST ARTICLE TESTING

First Article Testing: The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture Lithium

Battery Packs for Ice Buoys in accordance with the U.S. Coast Guard Specification No.

505 Rev. E.

000A01 ICE BUOY BATTERY PACK 3 EA $ $

CLIN Description of Supplies/Services

Estimated

Quantity Unit

Unit

Price

Estimated

Amount

The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture Lithium Battery Packs for Ice Buoys in accordance with the U.S. Coast Guard Specification No. 505 Rev. E.

0001AA ICE BUOY BATTERY PACK 370 EA $ $

TOTAL BASE YEAR (CLINA 000A -0001) $

OPTION PERIOD ONE - 1 May 2020 (or date of award, whichever is later) - 30 April 2021

CLIN Description of Supplies/Services

Estimated

Quantity Unit

Unit

Price

Estimated

Amount

The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture Lithium Battery Packs for Ice Buoys in accordance with the U.S. Coast Guard Specification No. 505 Rev. E.

1001AA ICE BUOY BATTERY PACK 370 EA $ $

TOTAL AMOUNT OPTION PERIOD ONE $

Solicitation 70Z08419RBHQ01400 4 of 49

OPTION PERIOD TWO - 1 May 2021 - 30 April 2022

Estimated

Quantity Unit

Unit

Price

Estimated

Amount

The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture Lithium Battery Packs for Ice Buoys in accordance with the U.S. Coast Guard Specification No. 505 Rev. E.

2001AA ICE BUOY BATTERY PACK 370 EA $ $

TOTAL AMOUNT PERIOD TWO $

OPTION PERIOD THREE - 1 May 2022 - 30 April 2023

Estimated

Quantity Unit

Unit

Price

Estimated

Amount

The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture Lithium Battery Packs for Ice Buoys in accordance with the U.S. Coast Guard Specification No. 505 Rev. E.

3001AA ICE BUOY BATTERY PACK 370 EA $ $

TOTAL AMOUNT OPTIONPERIOD THREE $

OPTION PERIOD FOUR - 1 May 2023 - 30 April 2024

Estimated

Quantity Unit

Unit

Price

Estimated

Amount

The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture Lithium Battery Packs for Ice Buoys in accordance with the U.S. Coast Guard Specification No. 505 Rev. E.

4001AA ICE BUOY BATTERY PACK 370 EA $ $

TOTAL AMOUNT OPTION PERIOD FOUR $

TOTAL AMOUNT (BASE PERIOD PLUS ALL OPTION PERIODS) $

(END OF SECTION B)

Solicitation 70Z08419RBHQ01400 5 of 49

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND. This contractor shall manufacture and deliver to the Government Lithium

Battery Packs for Ice Buoys 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 Lithium Battery Pack for Ice Buoy; Spec No. 505, Revision E. These specifications include certain dimensions, materials, tolerances, and inspection and testing requirements. In addition, the contractor then has to be able to deliver them in approved packaging to locations identified in section F.1, by the specified due date listed on the individual delivery orders.

C.2 SCOPE OF WORK. The Contractor shall provide the Coast Guard with Lithium Battery Packs for Ice Buoys. The Contractor shall furnish all necessary material, labor (direct and indirect), equipment, facilities and supervision to manufacture, fabricate and ship the Ice Buoy Battery Packs. 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 is the Ice Buoy Battery Packs with relevant U. S. Coast Guard

Specifications:

CLIN NSN Description Specification No.

000A01 6135-01-556-7318 Lithium Battery Pack for Ice Buoys 505 Revision E

0001AA 6135-01-556-7318 Lithium Battery Pack for Ice Buoys 505 Revision E

1001AA 6135-01-556-7318 Lithium Battery Pack for Ice Buoys 505 Revision E

2001AA 6135-01-556-7318 Lithium Battery Pack for Ice Buoys 505 Revision E

3001AA 6135-01-556-7318 Lithium Battery Pack for Ice Buoys 505 Revision E

4001AA 6135-01-556-7318 Lithium Battery Pack for Ice Buoys 505 Revision E

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, 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

Solicitation 70Z08419RBHQ01400 6 of 49 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 Ice Buoy Battery Packs.

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 (s) applies only if First Article Testing requirement is not waived.

C.5 ORDERING SEQUENCE OF EVENTS.

C.5.1 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 Ice Buoy Battery Packs. 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.5.2 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 for Lithium Battery Pack for Ice Buoys; Spec No. 505-E.

C.6 MATERIAL INSPECTION AND RECEIVING REPORT. The contractor shall comply with

Section E (Inspection and Acceptance) of the contract when delivering Ice Buoy Battery Packs.

(END OF SCETION C)

Solicitation 70Z08419RBHQ01400 7 of 49

SECTION D

PRESERVATOIN, PACKAGING, MARKING, AND SHIPPING

D.1 PRESERVATION, PACKAGING, MARKING, AND SHIPPING. All items delivered under this contract shall be packed, marked, and ship as per Specification for Lithium Battery Pack for Ice

Buoys; Spec No. 505-E.

D.2 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:

(a) Shipping documentation;

(b) Invoices; and

(c) Correspondence pertaining to a particular delivery order.

(END OF SECTION D)

Solicitation 70Z08419RBHQ01400 8 of 49

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, Specification entitled, “Specification for Lithium Battery Pack for

Ice Buoys; Spec No. 505-E”; specifically Section 5, and the following:

(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) U.S. Coast Guard inspection of the supplies to be furnished hereunder shall be made at the destination by the receiving activity. Prior to acceptance of any item to be delivered under this contract, the

Government will visually inspect the submitted items for compliance with the contractual requirements.

(c) 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.

(d) 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. Prior to shipment, the DHS 700-21 Form must be signed by the COR.

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 delivery destination by the receiving activity. Prior to acceptance of any item to be delivered under this

Solicitation 70Z08419RBHQ01400 9 of 49 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 Contractor or Subcontractor(s) facility for the purpose of observation, inspection, or consultation during all phases of fabrication.

(END OF SECTION E)

Solicitation 70Z08419RBHQ01400 10 of 49

SECTION F

DELIVERIES OR PERFORMANCE

F. 1 PLACE OF DELIVERY – DESTINATION. Price shall include cost of transportation for delivery FOB Destination. All items including option years may be deliver to the following Coast Guard destinations, which will be identified on individual delivery orders. See Section J, Attachment 4, for

Delivery Destinations.

F.2 SHIPPING. All transportation cost shall be included in the fixed price for Lithium Ice Battery.

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 B of the solicitation, the Government requires the following first article items to be delivered/tested as indicated below:

CLIN SUPPLIES QTY UNIT TIME OF DELIVERY

00002 Lithium Battery Pack 3 EA 45 days after receipt of a delivery order

F.5 DELIVERY SCHEDULE. The Government desires delivery to be made according to the following schedule:

Required Delivery Schedule

CLIN No. Quantity Within Calendar Dates From…..

All CLIN’s All 60 Days After 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 April 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 nay be adjusted based upon award date):

Solicitation 70Z08419RBHQ01400 11 of 49

Base Period: May 1, 2019 (or date awarded) – April 30, 2020

Option Period One: May 1, 2020 – April 30, 2021 (if exercised by the Government)

Option Period Two: May 1, 2021 – April 30, 2022 (if exercised by the Government)

Option Period Three: May 1, 2022 – April 30, 2023 (if exercised by the Government)

Option Period Four: May 1, 2023 – April 30, 2024 (if exercised by the Government)

(END OF SECTION F)

Solicitation 70Z08419RBHQ01400 12 of 49

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 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.

Contracting Officer: Courtney Baker-Williams Telephone#: (757) 628-4042

E-Mail: Courtney.Baker-Williams@uscg.mil Fax#: (757) 628-4135

Contracting Officer: Clenton A. Shanks Telephone#: (757) 628-4115

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

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

Point of Contact: Serves as the point of contact between the Contractor and the Contracting Officer(s);

however, this person does not have a warrant that provides the authority to contractually commit the

Government or modify any terms and conditions of a contract.

Point of Contact: James C Kanash. Contractor Telephone#: (757) 628-4467

E-Mail: James.C.Kanash@uscg.mil Fax#: (757) 628-4135

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

Statement:

James Kanash. A Government Contractor, employed by Infinity Technology, LLC will provide primary

Contract Specialist services for this procurement. Although Mr. Kanash is assigned as the primary

Contract Specialist, please note that Contract Specialist duties may also be performed by Barbara Spruill or Janet Kodmon, employees of Infinity Technology, LLC. Non-disclosure agreements between Mr.

Kanash, Ms. Spruill, 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, Mr. Kanash, Ms. Spruill and Ms. Kodmon 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.

Infinity Technology LLC

8270 Greensboro Drive, Suite 750

McLean, VA 22102

POC: Mr. Leroy G. Burney, Vice President

Telephone Number: (703) 854-1670

E-Mail: lburney@itllc.com mailto:Courtney.Baker-Williams@uscg.mil mailto:Clenton%20A.Shanks@uscg.mil mailto:James.C.Kanash@uscg.mil mailto:lburney@itllc.com

Solicitation 70Z08419RBHQ01400 13 of 49

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 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 be 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 modify any terms and conditions of a contract.

G.3 PROCEDURES FOR ISSUING DELIVERY ORDERS

Delivery Orders under this contract shall be prepared by a SILC Contract Specialist and signed by a warranted SILC Contracting Officer, on an OF-347 (or other equivalent form), and shall contain the following information:

(a) Date of Order

(b) Contract number and Delivery Order number

(c) DAFIS document number (i.e., 24 document number)

(d) Consignee (i.e., place of delivery

(e) Accounting and appropriation data

(f) FOB Point

(g) Delivery date

(h) CLIN, description of supply, quantity ordered, unit, unit price and amount

(i) Delivery order grand total

(j) Any other pertinent information

Delivery Orders 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 the order. An emergency order will be confirmed with a FormOF-347 delivery order within three (3) workdays after a call is placed.

G.4 SYSTEM FOR AWARD MANAGEMENT (SAM) AND PAYMENT INFORMATION

The contractor shall be registered in the SAM database prior to award, during performance, and through final payment of the Contract and any Orders.

G.5 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:

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;

Solicitation 70Z08419RBHQ01400 14 of 49

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

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

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

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

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

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

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

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

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

(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 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.6 REQUEST FOR PAYMENT – FIXED PRICE CONTRACTS AND DELIVERY ORDERS

FOR NON-COMMERCIAL ITEMS

(a) A request for payment is proper if it includes the items required by FAR Clause 52.232-25, Prompt

Payment [(a)(3)(i) through (a)(3)(x)] 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 the clause.

(1) If a request for payment does not include all the items required by FAR Clause 52.232-25, Prompt Payment, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper.

(2) If a request for payment includes all the items required by FAR Clause 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.

Solicitation 70Z08419RBHQ01400 15 of 49

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

(1) The Contractor shall submit all invoices for supplies or services via the U.S. Coast Guard Finance

Center (FINCEN) website at: www.fincen.uscg.mil

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

(ii) Select “Coast Guard Vendors”

(iii) Select “Coast Guard Award Invoices or Contract/Order Invoice”

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

(v) Go to Step 3 (if contractor has already created a PDF invoice) to complete the “Contractor

Invoice Submission Form”.

(2) The electronic submission requires the contractor to:

(i) Complete the Contractor Invoice Submission Form (located at the above website)

(ii) Select the correct Invoice Routing Code, which is SILC PCB-4 near the bottom of the drop down menu (the Contractor must select the correct Invoice Routing Code for timely invoice processing.)

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

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

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

E-mail the invoice and any supporting documentation to:

D05-SMB-SILC-COCO-PCB4@uscg.mil and:

One copy of the original invoice shall be submitted to the COR at the address cited in the

COR appointment letter or in any subsequent letter from the Contracting Officer that cites a different address. Any ambiguity concerning the COR’s address shall be referred to the

Contracting Officer for resolution.(3) The 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

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

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

http://www.fincen.uscg.mil/ mailto:D05-SMB-SILC-COCO-PCB4@uscg.mil

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(END OF SECTION)

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ADVANCES IN MODERN TECHNOLOGY

Throughout the life of this contract there is the likelihood that technical advancements will allow a more economical or ecologically efficient method to provide the necessary supplies for the performance of this contract. Either the Government or the Contractor may propose these types of changes and a revision to the proposed prices will be considered

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 and/or each delivery order.

H.3 CONTRACTOR PERFORMANCE EVALUATION

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance will be evaluated for this contract yearly (not on orders). 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

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.

(2) The areas that may 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.

(3) Each area will be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal, Unsatisfactory, or Not Applicable.

(4) 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.

(5) 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 Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104.

Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

H.4 ADDITIONAL SPECIAL CONTRACT REQUIREMENTS

Additional special contract requirements or clauses, as required, will be set forth in individual Delivery

Order.

H.5 DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

All Government furnished property, upon transfer from the Government to the Contractor, shall be examined for completeness, proper type, quantity, and damage. The Contractor shall be fully and solely responsible for any damage to such material while in the contractor’s custody and until it is returned to

Solicitation 70Z08419RBHQ01400 18 of 49 the USCG Surface Forces Logistics Center and accepted by the Contracting Officer or an authorized representative.

The Government may provide, to the maximum extent practicable, the following items as Government-

Furnished Property (GFP) during performance of this contract.

Description Qty. Estimated Amount

Ice Buoy Battery Pack Holder 1 $165.00

NSN 6160-01-576-9403

H.6 ADDRESS FOR SHIPMENT OF GOVERNMENT FURNISHED PROPERTY

Firm Name: _________________________________________

Street Address: ______________________________________

City, State, Zip Code: _________________________________

H.7 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, management, tools, supplies, labor, and equipment necessary to fulfill the requirements of the specification. The Contractor shall also provide working space for on-site

Government Representatives as outlined in the Specification, Attachment J.1.

H.8 FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

(a) Definitions. As used in this clause-

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in Subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector

General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to

Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive

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Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

(END OF SECTION H)

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PART II CONTRACT CLAUSES–

SECTION I

I.1 CONTRACT CLAUSES INCORPORATED IN FULL TEXT

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights. (Apr 2014)(DHS-USCG deviation 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.

4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(a) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Section Chief of Contracting and Procurement

Division, U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD

21226-5000, and shall not be binding until so approved.

(End of Clause)

FAR 52.209-3 FIRST ARTICLE TESTING APPROVAL-CONTRACTOR TESTING (SEPT 1989)

(a) The Contractor shall test THREE (3) units of each item 00002 as specified in the contract. At least fifteen (15) calendar days before the beginning of first article tests, the Contractor shall notify the

Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within thirty (30) calendar days from the date of the individual order place against the contract to the Contracting Officer and the COR. Within fifteen (15) calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article.

The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government

Solicitation 70Z08419RBHQ01400 21 of 49 reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed by testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affect by the delay.

(g) Before first article approval, the…