SOW.pdf

Statement of Work

For

Fifth Class Foam-Filled, Unlighted Plastic Buoys

APFS #: P2018043252

PR #: 21-19-849PML004

Solicitation #:70Z08419R01500

Date Modified: 20 November 2018

Prepared by:

U. S. Coast Guard, SILC

Waterways Operations Produce Line

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 TYPE OF CONTRACT. This is an Indefinite-Delivery Requirements Contract, (base with four one-year option periods) with Firm Fixed Unit Prices with annual adjustments made for economic price adjustments for plastic and fuel. Delivery orders will be issued for the items in the Schedule, as they are required by the Government. The Government does not guarantee the purchase of the estimated quantities. This contract is for the purchase of fifth class foam filled unlighted plastic buoys and associated transportation costs. The fixed price(s) shall include all direct and indirect labor, overhead, general, and administrative expenses, and profit. The transportation charges are separately priced CLINS.

The Contracting Officer shall issue written direction that specifies the buoy product ordered, including the required delivery location(s), delivery date(s), the inspection and acceptance points, the unit prices and total value of the order, and any special terms and conditions. Orders will be placed in “sets”. A set is defined as 10 or 50 buoys of the same type and color. The period of performance for the contract shall begin on 1 October 2019 or date of award (whichever is later) and shall continue until 30 September 2024 if all options are exercised.

Transportation prices for each buoy type per delivery destination shall be calculated on a PER LOT basis where one lot equals ten (10) or fifty (50) buoys. The “lot” as defined herein is distinct from the “set” described above. For example, a lot of 50 buoys could include 5 sets of 10 (e.g., one set of green 5CPRs and four sets of red 5NPRs). Shipping should be FOB Destination. The shipping destinations are listed in

Attachment 4 of the solicitation.

B.2 SUPPLIES OR SERVICES. This contract is for the manufacturing and delivery of fifth class foam-filled, unlighted plastic buoys in accordance with the U.S. Coast Guard Ocean Engineering

Specifications No. 491B and related drawings. The Specification and drawings are provided as attachments 1, 2 and 3 to the solicitation and subsequent contract. The Government will not be providing the mold for this procurement.

These buoys will be used as aids to navigation in the navigable waters of the United States. The buoy shell shall be manufactured from medium density polyethylene using the rotational molding process. All

Polyethylene used shall be composed of 100% virgin material meeting the requirements of ASTM D4976, Group 2, Class 2, Grade 3. Color Pigments shall be added to the medium density polyethylene plastic.

The color shall be uniform throughout the thickness of the plastic and it shall conform to the Federal

Color Numbers contained SAE AMS-STD-595 Colors used in Government Procurement: 11350 (red), 14193 (green), and 27875 (white). The interior of the buoys shall contain polyurethane foam, a radar reflector and a counterweight of steel shot which shall conform to the size standards of SAE J-444. First article testing and approval will be required. The contactor shall provide all necessary management and administration, personnel, equipment, materials, supplies, and transportation to supply the items listed in this Statement of Work.

B.3 FIRST ARTICLE TESTING REQUIREMENT. The Contractor shall be required to submit for approval a first article lot production in accordance with FAR clause 52.209-3 included in Section I of this contract. See Price Schedule for the required first article items and documentation. Approval as used in this paragraph means the Contracting Officer’s written notification to the Contractor accepting the test results of the first article. The initial delivery order expected to be awarded at the time of award or shortly thereafter, 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.

B.4 TOTAL ESTIMATED QUANTITIES. The estimated quantities listed in the price schedule shall not be a representation to the Contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will be stable or normal. Actual quantities of plastic buoys ordered will vary from year-to-year based on the Coast Guard field unit’s documented operational requirements.

B.5 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.

B.6 PRICING OF DELIVERY ORDERS. The pricing of individual delivery orders will be governed by those 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.

(END OF SECTION B)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SPECIFICATOIN. The Contractor shall manufacture and deliver to the Government rotational molded fifth class foam-filled, unlighted plastic buoys that meet the requirements in the specification and drawings referenced in Section J.

USCG Ocean Engineering Division, Specification for Construction of Rotational Molded Fifth

Class, Unlighted Plastic Buoys No. 491, Revision B, Dec 2007

USCG Civil Engineering Drawing Numbers 121172 (Revision H) / 5CPR

USCG Civil Engineering Drawing Numbers 121173 (Revision G) / 5NPR

C.2 GOVERNMENT FIRST ARTICLE TESTING/VERIFICATION. 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 Attachment 1 in Section

J (Specification for Construction of Rotational Molded Fifth Class Unlighted Plastic Buoys, Specification

No. 491, Revision B).

C.3 MEETINGS. Meetings should be held regularly to ensure effective program management and resolution to problems throughout the life of the contract. At least ten (10) working days before any meeting, unless otherwise stated, the party requesting the meeting (Contractor or Government) shall notify the other party of the time, date, location and proposed agenda of the meeting. The types and frequencies of these meetings shall include, as a minimum, those described as follow:

a. Post Award Conference. A Post Award Conference shall be held if deemed necessary by the

Government. If required, and at the request of the Contracting Officer, the conference shall be hosted by the Contractor within fourteen (14) days after contract award. The Contractor and all significant subcontractors shall participate in a Post Award Conference. The purpose of the conference is to ensure mutual understanding of contract requirements and procedures, conduct a review of the Fifth Class Foam-filled, Unlighted Plastic Buoys design, and to discuss any technology insertion, proposed product improvement, and timelines for insertion of the improvements. To this end, discussions at the conference would focus upon project orientation;

clarification and transfer of applicable background information; contract requirements; dispute resolution procedures; and identification of points of contact from Contractor and Government organizations. An overarching goal of the Post Award Conference is the establishment of efficient and effective communication mechanisms among the parties, including but not limited to e-mail, teleconferencing, video teleconferencing, and any other technologies available to facilitate timely communication at the minimum cost.

b. Program Overview Meetings (POM). POMs may be requested by the Government or the

Contractor any time during the performance period of the contract. The Contractor shall conduct the POM at the Contractor’s Facility, a Government facility, or a subcontractor’s facility, as appropriate for 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 or Government) shall prepare and submit an agenda for review by the other party at least seven (7) days prior to each POM. (Contractor format acceptable.) 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. 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 their readiness to begin full-scale production. This review will be scheduled by the Contractor prior to beginning full-scale production.

C.4 ORDERING SEQUENCE OF EVENTS.

a. Award First Article. Upon award of the contract or after the Post Award conference, the

Government shall issue a Delivery Order for First Article Testing of Fifth Class Foam-filled

Unlighted Plastic Buoys. Upon completion of the First Article production run, the Contractor shall conduct first article test and inspections at the Contractor’s facility, and may be witnessed by the COR.

b. Government Approval, Conditional Approval, and Disapproval of First Article Test Report and

First Article. First Article Testing and Approval shall be conducted in accordance with FAR

52.209-3 and U.S. Coast Guard Ocean Engineering Specifications No. 491, Revision B.

C.5 WARRANTY PERFORMANCE. The Contractor shall warrant all items against defects in workmanship and design in accordance with FAR Clause 52.246-17.

C.6 PACKAGING, HANDLING AND STORAGE. The Contractor shall comply with Section D

(Packaging and Marking) of the contract, and utilize the methods required to ensure all fifth class foam-filled, unlighted plastic buoys are properly preserved, packaged, marked, handled, and transported to the

Governments destinations. Destinations will be specified in individual delivery orders from those locations listed in Attachment 6.

C.7 MATERIAL INSPECTION AND RECEIVING REPORT. The Contractor shall comply with

Section E (Inspection and Acceptance) of the contract when delivering fabricated new Plastic Buoys.

C.8 PRODUCT STANDARDAZATOIN AND UNIFORMINTY. The Contractor shall establish and maintain product standardization and uniformity for the configuration of all equipment to be furnished under this contract.

(END OF SECTION C)

SECTION D

PACKAGING AND MARKING

D.1 PRESERVATION, PACKAGING AND PACKING. All items delivered under this contract shall be packaged and marked to ensure delivery of the items without damage or deterioration of the plastic buoys due to the hazards of shipping, handling and storage. The Contractor shall transport the plastic buoys to the destinations on a truck or trailer that will facilitate the unloading of the plastic buoys with a small crane or forklift.

D.2 MARKINGS OF WARRANTED ITEMS. The Contractor shall legibly mark all shipments under this contract with the contract number and delivery order numbers and complete address of the consignee.

Contractor shall comply with all the buoy identification marking requirements of paragraphs 3.10 and all the shipping marking requirements of 5.2 of the Specification 491B, Attachment 1, and Section J - List of

Attachments.

NOTE: Failure to mark all packages, boxes, etc., as indicated above, may result in return of the shipment at the Contractor's expense.

Pursuant to the requirements of FAR 46.706(b)(5), the Contractor shall stamp or mark on the DD Form

250 (see Section J for form) the notice of the existence of a warranty. Markings may be brief but should include (i) a brief statement that a warranty exists, (ii) the substance of the warranty, (iii) its duration, and

(iv) who to notify if the supplies are found to be defective.

D.3 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)

SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE. Inspection and acceptance shall be in accordance with U.S.

Coast Guard Ocean Engineering Specifications No. 491, Revision B.

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 Form 700-21 or a DD Form 250 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 Form 700-21 or DD Form 250).

At the time of each shipment of supplies under this contract, the Contractor shall prepare and furnish to the Government either a DHS Form 700-21”Material Inspection Acceptance and Receiving Report” or a

DD Form 250 “Material Inspection and Receiving Report”.. The DHS Form 700-21 or DD Form 250 shall be used as a packing list, certification of quality control, and certification of inspection and acceptance. Prior to shipment, the forms must be signed by the COR.

The original DHS 700-21 Form or 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: Bradford.d.long@uscg.mil

At each delivery destination, Coast Guard receiving personnel will visually inspect the shipment for correct quantity (and damage, if any), and annotate and sign the DHS 700-21. Coast Guard receiving personnel will then scan and email the DHS 700-21 to the COR for acceptance. The COR will review and sign the DHS 700-21 to signify Acceptance for the deliverables. The signed DHS 700-21 will then be used by the Contracting Officer/Specialist as evidence of Acceptance, and support for each invoice.

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

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

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)

SECTION F

DELIVERIES OR PERFORMANCE

F. 1 PLACE OF DELIVERY – DESTINATION. Items shall be delivered to the addresses listed in

Attachment 4, Plastic Buoy Shipping Destinations.

A copy of the transmittal letter forwarding the deliverable(s) to the specified destination(s) shall be directed to the Contracting Officer at the following address:

U. S. Department of Homeland Security

United States Coast Guard

SILC-COCO-BSS-COB4

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

F.2 DOMESTIC PLACES OF DELIVERY. Domestic destinations are within the Continental United

States. Items X0014A – X0014M and X0015A – X0015M in Section B – Supplies or Services/Price, and are identified in Attachment 4, Plastic Buoy Shipping Destinations. The list of destinations may not be all inclusive and is subject to change. Additional domestic destinations may be added later. Specific place of delivery shall be designated in each individual delivery order.

F.3 LOT SIZE. Items X0014A – X0014M and X0015A – X0015M designate “Domestic” destinations within the continental United States and one lot equals ten (10) or one lot equals fifty (50) buoys. For example, a lot of 50 buoys could include 5 sets of 10 (e.g., one set of green 5 CPRs and four sets of red 5 NPRs).

F.4 PREPARATION FOR DELIVERY. All deliveries will be made no later than the date specified in

Block 15 of the delivery order. 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 order to set a mutually agreed upon delivery date. To ensure the availability of equipment and Coast Guard personnel to accept delivery a minimum three business days is required between scheduling a delivery and delivery being made. Requests to deliver later than the date specified in Block 15 of 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.5 FIRST ARTICLE DELIVERY TESTING AND QUALITY ASSURANCE PLAN SCHEDULE.

In accordance with Section B of the Solicitation, the Government requires the following first article items to be delivered/tested as indicated below:

Note: Accelerated Weathering Test shall be started within 30 days after contract award.

CLIN SUPPLIES QTY/UNIT TIME OF DELIVERY

00001 5CPR Green First Article 3 Each Within 120 days after award

00002 5CPR White First Article 1 Each Within 120 days after award

00003 5NPR Red First Article 4 Each Within 120 days after award

00004 Quality Assurance Plan 1 Each Within 45 days after award

00005 Test Plan and Procedures 1 Each Within 45 days after award

00006 First Article Test Report 1 Each Within 14 days after award completion of

First Article Test and Inspection

00007 Accelerated Weathering Test

Report 1 Each

Within 14 days after award completion of

First Article Test and Inspection

F.6 DELIVERY SCHEDULE.

(a) Buoys may be delivered on a continual basis from the date the order is issued through the specified time of delivery. All buoys are required to be delivered no later than the time of delivery specified in each order. The time of delivery may be specified in terms of calendar days after date of order or converted to a specific date (i.e. May 20, 2020) based on the date of award of the delivery order. The time of delivery for each order will be determined as follows:

1) Production Time. The following production rates are used to calculate the buoy production time per order:

5NPR 5CPR

10 per day 10 per day

2) Start-Up Period

(A) If an active order is not in effect on the day an order will be issued, a start-up period of 30 calendar days shall be allotted for obtaining raw materials and initiating the production line.

(B) If an active order is in effect on the day an order will be issued and 30 or less calendars days remain until the time of delivery under the previous order, then a start-up period of 30 calendar days shall be allotted.

(C) If an active order is in effect on the day an order will be issued and more than 30 calendar days remain until the time of delivery under the previous order, then the startup period should be equal to the number of days between the proposed order date and delivery date of the most recent issued delivery order.

3) Time of Delivery. The time of delivery for each buoy order will be determined as follows:

Calculate production time by dividing the total number of buoy types ordered (regardless of color) by the production rate (10 per day). The time of delivery will be the sum of the startup period and production time.

(b) The following scenarios are provided for illustrational purposes:

(1) There are no active delivery orders in effect.

Proposed buoy order: 200 green 5CPR

50 White 5CPR

100 red 5NPR

Proposed order date: January 1, 2019

250 5CPR buoys divided by 10 per day=25 calendar days

100 5NPR buoys divided by 10 per day=10 calendar days

Production Time=35 calendar days

Start-up Period=30 calendar days

The time of delivery specified in the order would be 65 calendar days after January 1, 2019.

(2) There is an active delivery order in effect with a delivery date of February 14, 2019.

Proposed buoy order: 10 green 5CPR

20 red 5NPR

Proposed order date: January 1, 2019

10 5CPR buoys divided by 10 per day=1 calendar day

20 5NPR buoys divided by 10 per day=2 calendar days

Production Time=3 calendar days

Startup Period=44 calendar days

Time of delivery=47 calendar days

The time of delivery specified in the order would be 47 calendar days after January 1, 2019.

(3) There is an active delivery order in effect with a delivery date of March 5, 2019.

Proposed buoy order: 20 green 5CPR

10 red 5NPR

Proposed order date: March 1, 2015

20 5CPR buoys divided by 10 per day=2 calendar days

10 5NPR buoys divided by 10 per day=1 calendar day

Production Time=3 calendar days

Startup Period=30 calendar days

Time of delivery=33 calendar days

The time of delivery specified in the order would be 33 calendar days after March 1, 2015.

(c) If the maximum order limitation set forth in FAR clause 52.216-19, Order Limitations (October 1995), is anticipated to be exceeded, then the time of delivery as calculated in this clause may be extended by mutual agreement prior to issuing an order. The order shall reflect the mutually agreed upon delivery schedule.

F.7 PERIOD FOR GOVERNMENT REVIEW OF DOCUMENTS. 30 days, unless otherwise stated in this contract or its attachments.

F.8 FREIGHT ON BOARD (FOB) POINTS. FOB will be designated in each Delivery Order. It will be FOB Destination only. The transportation charges shall be billed separately from the supply charges.

F.9 PERIOD OF PERFORMNACE. The specific performance periods for the Base Period, Option

Periods, are as follows:

Base Period: October 1, 2019 (or date awarded) – September 30, 2020

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

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

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

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

F.10 PLACE OF DELIVERY-DESTINATION. Items shall be delivered to the address(es) listed in

Attachment 4-Shipping Destinations, as indicated in the individual delivery orders.

(END OF SECTION F)

SECTION J

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Attachment Title Pages

USCG Specification for rotational Molded Fifth Class Unlighted Plastic Buoy, Number 491, Revision B

2 USCG Civil Engineering Drawing Numbers 121172, Revision H 1

3 USCG Civil Engineering Drawing 121173, Revision G 1

4 Plastic Buoy Shipping Destinations 1

5 DD Form 250, Material Inspection and Receiving Report 1

6 DHS Form 700-21, Material Inspection Acceptance and Receiving Report 2

(END OF SECTION J)