Solicitation Ionomer Foam Buoys 12 DEC 19.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08420RBB500700

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the supplies outlined in the solicitation utilizing procedures in FAR Part 15, Contracting by Negotiations. This solicitation is issued in accordance with FAR Subpart 6.203, Set-aside for Small Business Concerns.

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 – Price Proposal (See Section L.1.3 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: Janet Kodmon 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. PRE-PROPOSAL CONFERENCE: In accordance with FAR 15.201, a pre-proposal conference will be conducted on January 7, 2020 by conference call. A call-in number will be provided in a forthcoming amendment.

5. 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 janet.m.kodmon2@uscg.mil no later than January 10th, 2020 12:00 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 Contract Opportunities website for viewing by all potential offerors. Answers to questions will be available after the due date for questions/concerns has past.

*Only send questions/concerns to the Contract Specialist listed above or, if not available, to the Primary Contracting Officer listed in Section G.2. 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:janet.m.kodmon2@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 reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

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

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

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 7900)

RATING

PAGE OF PAGES

1 | 54

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

70Z08420RBB500700

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

Dec. 12, 2019

6. REQUISITION/PURCHASE NUMBER

7. ISSUED BY CODE 84 8. ADDRESS OFFER TO (If other than Item 7) U.S. Coast Guard

SILC-COCO-BSS-COB4

300 East Main Street, Suite 965 Norfolk, VA 23510-9112

U.S. Coast Guard

SILC-COCO-BSS-COB4

Attn: Janet Kodmon, CTR 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 see Section L.1.1(b) for number of 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 N/A until 12:00PM (noon), Eastern local time January 23, 2020 .

CAUTION — LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to terms and conditions contained in this solicitation.

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

INFORMATION

CALL:

Janet Kodmon AREA CODE (757)

NUMBER

628-4114

EXT.

Janet.m.kodmon2@uscg.mil

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 25-33

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

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

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

X E INSPECTION AND ACCEPTANCE 8-9 X K REPRESENTATIONS, CERTIFICATIONS 35-44

X F DELIVERIES OR PERFORMANCE 10-13 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 14-17 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 45-52

X H SPECIAL CONTRACT REQUIREMENTS 18-24 X M EVALUATION FACTORS FOR AWARD 53-56

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 90 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the 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/DUNS FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN

AND (Type or print)

ADDRESS

OF

OFFEROR

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

AREA CODE

NUMBER

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)(2) 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

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 is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

CONTINUATION SHEET FOR:

STANDARD FORM 33

REFERENCE NO. OF DOCUMENT BEING CONTINUED

SOLICITATION: 70Z08420RBB500700

PAGE

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 for the fabrication and delivery of Ionomer Foam Buoys and related products. 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. The Government will not provide mold(s) for the Ionomer Foam Buoys and related products.

B.2 TYPE OF CONTRACT

The contract type is a Requirements Contract with Fixed Unit Prices* (subject to an economic price adjustment (EPA) for steel and diesel fuel.) to include a base year and four one-year option periods. 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.

*Buoys and related products: Fixed Unit Prices shall include all costs to construct the products, which includes, but is not limited to, cost of material, direct and indirect labor, 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 only applicable to the cost of steel.

*Transportation: Fixed Unit Prices shall include the cost for packaging, loading and all delivery charges.

The contractor shall not levy any charges on the transportation costs (i.e., overhead, G&A, profit, etc.) Note:

The Economic Price Adjustment (EPA) Diesel Fuel Clause of this contract is only applicable to the cost of diesel fuel.

B.3 ESTIMATED QUANTITIES

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

B.4 PRICING OF DELIVERY ORDERS

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

B.5 ABBREVIATIONS

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

CLIN: Contract Line Item Number EA: Each LT: Lot NSP: Not Separately Priced TBD: To Be Decided

B.6 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 (Attachment 25), which includes tabs for each performance period (Base Period – Option Period 4), in the Excel document and submit with their completed offer.

(2) The offeror shall provide a “Unit Price” for all items. Although formulas to calculate the “Estimated Amounts” and the “Estimated Grand Totals” are in the Excel spreadsheet, please double check that the calculations are correct before you submit your proposal.

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

Buoys & Related Product CLINs are subject to the EPA Clause for Steel Transportation CLINs are subject to the EPA Clause for Fuel

For purposes of submitting an offer, 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 the CLIN 00001A, Lighted Nun Foam Buoy (8X22) (LNFR), is $100 for the Base Period, then it should be $100 for each Option Period CLIN for the same item (CLINs 10001A – 40001A) also.

(Note: The below sample involves the same item)

CLIN Description of Supplies/Services Portion of the Unit Price Subject to EPA

0001A Lighted Nun Foam Buoy (8X22) (LNFR) $100.00 1001A Lighted Nun Foam Buoy (8X22) (LNFR) $100.00 2001A Lighted Nun Foam Buoy (8X22) (LNFR) $100.00 3001A Lighted Nun Foam Buoy (8X22) (LNFR) $100.00 4001A Lighted Nun Foam Buoy (8X22) (LNFR) $100.00

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

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SPECIFICATION / DRAWINGS

The contractor shall fabricate and deliver to the Government ionomer foam buoys and related products in accordance with Attachment 1, Specification for Fabrication of Ionomer Foam Buoys 450, Revision “G” and all additional U.S. Coast Guard specifications and drawings identified below:

Attachment Specification Revision Title 1 450 G Specification for Fabrication of Ionomer Foam Buoys 2 393 B Specification for High Intensity Retroreflective Films 3 460 I Specification for Fabrication of Buoy Solar Battery Boxes 4 374 F Specification for Fabrication of Aluminum Radar

Reflectors

Attachment Drawing Revision Title 5 120316 F Nun Shape Aluminum Radar Reflector 6 121024 G Can Shape Aluminum Radar Reflector 7 121100 M Solar Buoy Double Battery Box 8 121148 E 1991 Type 5x9 LNFR/5x9 LCFR Buoy 9 121166 E 2CFR and 2NFR Unlighted Foam Buoys

10 121167 D 3CFR and 3NFR Unlighted Foam Buoys 11 121168 C 4CFR and 4NFR Unlighted Foam Buoys 12 121169 D 5CFR and 5NFR Unlighted Foam Buoys 13 121170 F 5FWCFR and 5FWNFR Unlighted Foam Buoy 14 121171 C 6CFR and 6NFR Unlighted Foam Buoys 15 121181 A 6CTFR and 6NTFR Unlighted Foam Buoys 16 121184 -- 2007 Type 6x16 LFR Buoy 17 121185 -- 2007 Type 8x22 LFR Buoy 18 121187 A 4FWCFR and 4FWNFR Unlighted Foam Buoy 19 121202 -- 2012 Type 3FWFR and 3RWFNR Unlighted Foam Buoy 20 121204 -- 2nd Class Foam Buoy Lantern Bracket 21 121205 -- 2019 Type 5x9 LCRF/LNFR Buoy 22 DD Form 250 Material Inspection and Receiving Report 23 Ionomer Foam Buoy Shipping Destinations

24 INTENTIONALLY DELETED

25 Schedule “B” ( Attachment will be removed and placed in

Part B of the Contract Award at time of award)

C.2 FIRST ARTICLE TESTING REQUIREMENT/APPROVAL/VERIFICATION

C.2.1 AWARD OF FIRST ARTICLE ORDER.

Upon award of the contract or shortly thereafter, the Government shall issue a Delivery Order for the First Article Testing items listed in paragraph 4.2 of Attachment 1, Specification for Fabrication of Ionomer Foam Buoys 450. Upon completion of the First Article production run, the Contractor shall conduct first article testing and inspections at the Contractor’s facility, and may be witnessed by the Contracting Officer’s Representative

(COR).

C. 2.2 GOVERNMENT APPROVAL, CONDITIONAL APPROVAL, AND DISAPPROVAL OF FIRST

ARTICLE TEST REPORT AND FIRST ARTICLE

The contractor shall be required to submit for approval first articles in accordance with FAR Clause 52.209-3.

The first articles are specified in paragraph 4.2 of Attachment 1, Specification for Fabrication of Ionomer Foam Buoys 450 and on the price schedule. Approval, as used in this paragraph, means the contracting officer’s written notification to the contractor accepting the test results of the first article.

C.2.3 GOVERNMENT CONFORMANCE TESTING/EVALUATION

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, Specification for Fabrication of Ionomer Foam Buoys 450.

C.2.4 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 their readiness to begin full-scale production. This review will be scheduled by the Contractor prior to beginning full-scale production.

C.2.5 WAIVER

Subject to the Contracting Officer’s review and approval and in accordance with FAR Clause 52.209-3, the contractor may request a waiver to the First Article Testing requirement.

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:

C.3.1 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 Ionomer Foam Buoy designs, 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.

C.3.2 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 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.4 PRODUCT STANDARDIZATION AND UNIFORMITY

The contractor shall establish and maintain product standardization and uniformity for the configuration of all equipment to be furnished under this contract.

C.5 WARRANTY PERFORMANCE

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

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 buoys due to the hazards of shipping, handling and storage. The Contractor shall transport the buoys to the destinations on a truck or trailer that will facilitate the unloading of the buoys with a small crane or forklift.

D.2 SPECIAL PACKING

(a) 8X22LFR, 6X16LFR, and 5X9LFR buoys and related items shall be packed and shipped fully assembled unless otherwise specified in the delivery order. Note: for oversea shipments the towers for the 8X22LFR and 6X16LFR buoys may be shipped unattached to the buoy.

(b) 2nd class and 3rd class buoys and related items shall be packed and shipped partially assembled in three components: (1) the foam hull and metal structure, (2) the foam upper body (can or nun) with radar reflector installed, and (3) the miscellaneous hardware (top plate, nuts, bolts, lifting eye, etc.) packed in a nylon reinforced bag securely attached with wire to the metal structure.

(c) 4th class, 5th class, 6th class, and fast water buoys and related items shall be packed and shipped partially assembled in four components: (1) the foam hull, (2) the foam upper body (can or nun) with radar reflector installed, (3) the metal structure, and (4) the miscellaneous hardware (top plate, nuts, bolts, lifting eye, etc.)

packed in a nylon reinforced bag securely attached with wire to the metal structure.

D.3 MARKINGS FOR SHIPMENT

All components, equipment and spares shall be marked in accordance with the latest edition of MIL-STD-129 "Marking for Shipment and Storage". In addition, each unit, intermediate, and exterior shipping container, shall be marked with the following information: Delivery Order Number, Contract Line Item Number, and Warranty Expiration Date (if applicable). The outer container shall be marked with the complete address of the consignee.

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

D.4 WARRANTY MARKINGS

Pursuant to the requirements of FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty (i.e., stamp or mark the DD Form 250). The purpose of the markings or notice is to inform Government personnel who store, stock, or use the supplies that the supplies are under warranty. Markings may be brief but shall 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.5 INCLUSION OF CONTRACT NUMBER ON DOCUMENTATION

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

(a) Shipping documentation;

(b) Invoices; and

(c) Correspondence pertaining to the contract.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with Specification for Fabrication of Ionomer Foam Buoys (Attachment 1).

(a) Notwithstanding the provisions of the FAR 52.246-2 "Inspection of Supplies – Fixed Price" 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 DD Form 250 (Attachment 22) 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 (DD FORM 250)

At the time of each shipment of supplies under this contract, the contractor shall prepare and furnish to the Government a DD Form 250 “Material Inspection and Receiving Report (MIRR)”. The DD250 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 DD 250 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 Block 22 & indicate discrepancies below.

3. RETURN Scan and email to: ATON/MER Product Line, Attn: Sean McEvoy to:

sean.p.mcevoy@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 DD Form 250. Coast Guard receiving personnel will then scan and email the DD Form 250 to the COR for acceptance. The COR will review and sign the DD Form 250 to signify acceptance for the deliverables. The signed DD Form 250 will then be used by the Contracting Officer/Specialist as evidence of acceptance, and support for each invoice.

Copies of DD Form 250 (MIRR) shall be sent to the Contracting Officer and Contracting Officer’s Representative (COR) upon shipment/delivery of any deliverable hereunder, clearly marked “Information Only”.

E.3 U.S. Coast Guard Inspection and/or Acceptance 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(s) 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) facilities for the purpose of observation, inspection, or consultation during all phases of fabrication.

E.5 GOVERNMENT REVIEW OF DOCUMENTS

The Government has 30 calendar days to review all documents, unless otherwise stated in this contract or its attachments.

E.6 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

Federal Acquisition Regulation (FAR): http://www.acquisition.gov/far/ Homeland Security Acquisition Regulation (HSAR): http://www.dhs.gov/public/hsar

FAR

52.246-2 Inspection of Supplies - Fixed-Price AUG 1996 52.246-16 Responsibility for Supplies APR 1984

(End of Clause)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT PERIOD OF PERFORMANCE

Base Period: 28 February 2020 (or date of award) – 27 February 2021 (or 12 months after award) Option Period 1: 28 February 2021 – 27 February 2022 (if exercised by the Government) Option Period 2: 28 February 2022 – 27 February 2023 (if exercised by the Government) Option Period 3: 28 February 2023 – 27 February 2024 (if exercised by the Government) Option Period 4: 28 February 2024 – 27 February 2025 (if exercised by the Government)

F.2 PLACES OF DELIVERY

Items will be delivered to the address listed in Attachment 23, Foam Buoy Shipping Destinations. The list of delivery destinations may not be all inclusive and is subject to change. Additional domestic destinations may be added at a later date. Undesignated Transportation will be utilized when transportation identified is less than a full truck load or identified location not listed. In the event Undesignated Transportation is used, the contractor will be requested to provide pricing for specific place of delivery. The CLIN for Undesignated Transportation is a Not to Exceed (NTE) and shall be designated in each individual delivery order. 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

Contract No. 70Z08420RBB500700

F.3 LOT SIZE

“Domestic” destinations within the continental United States involve up to full truckload “lots” in standard size 48 foot trailers. Overseas shipments outside the continental United States involve up to full 40 foot shipping container “lots” in standard 40 foot shipping containers. The tables below list the approximate number of buoys that can be transported on one truck or container.

Domestic 48 Foot Container Overseas 40 Foot Container 8x22LNFR/LCFR

2 8x22LNFR/LCFR

6x16LNFR/LCFR 2 6x16LNFR/LCFR 2

5x9LNFR/LCFR 9 5x9LNFR/LCFR 7

2NFR/CFR 6 2NFR/CFR 5

3NFR/CFR 12 3NFR/CFR 10

3FWNFR/FWCFR 21 3FWNFR/FWCFR 14

4NFR/CFR 38 4NFR/CFR 30

4FWNFR/FWCFR 28 4FWNFR/FWCFR 22

5NFR/CFR 108 5NFR/CFR 84

5FWNFR/FWCFR 45 5FWNFR/FWCFR 38

6NFR/CFR 200 6NFR/CFR 130

6NTFR/CTFR 100 6NTFR/CTFR 70

Various buoy types can be mixed onto one truckload. For example, three 2nd Class and six 3rd class buoys could be shipped on the same truck to a domestic destination

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 and time. 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.

The Contractor shall at the direction of the Government, consolidate the delivery schedule of supplies to multiple destinations and to permit stop offs for partial unloading at one or more points directly in route between the point of origin and final destination.

F.5 FREE ON BOARD (F.O.B.) POINTS

The F.O.B. location will be designated in each delivery order and will be F.O.B. destination. The Government reserves the right to arrange to take delivery of buoy products at the contractor’s facility.

F.6 FIRST ARTICLE DELIVERY TESTING AND INSPECTION SCHEDULE

In accordance with Section C.2, the Government requires the following first article items to be delivered/tested as indicated below after award (reference paragraph 4.2 of Specification 450). See Section C.2.5 regarding a first article waiver.

Description Quantity Delivery/Testing Due

First Article Test Report as specified in paragraph 4.4.5 of Specification 450 1

Within 5 calendar days after completion of first article tests and inspections

Material certifications as specified in paragraph 3.7 of Specification 450

1 Within 90 calendar days after contract award

3NFR buoy, complete with all steel members and fasteners

1 Within 90 calendar days after contract award

Ionomer foam samples listed in below table for the tests described in paragraphs 3.2.1.7 through 3.2.1.15 of Specification 450

See below Table

Within 90 calendar days after contract award

Ionomer Foam Samples

Test Size Density Quantity Colorfastness

6” x 6” x 0.25” 30 pcf 2 - red 2 - yellow 2 - dark green 2 - light green 2 - white

Density 1” x 1” x 1” 4 pcf 30 pcf

Tensile Strength 6” x 1.6” x 0.13” (die A cut)

4 pcf 5 - horizontal direction 5- vertical direction 5 - radial direction

Tear Strength 6” x 1.6” x 0.13” (die A cut)

4 pcf 5 - horizontal direction 5- vertical direction 5 - radial direction

Compression Set 2” x 2” x 1” 4 pcf 5 Compression Load Deflection

4” x 4” x 1” 4 pcf 5

Hardness 2” x 2” x 0.25” 30 pcf 5 Abrasion Resistance 1” x 1” x 0.25” 30 pcf 5 Water Absorption Cylinder

6” x 1.5” x 12” 4 pcf 30 pcf outer skin

F.7 CONTRACT CLAUSES INCORPORATED IN FULL TEXT

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

(a) The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule Item No. Order(s) Total Within Calendar Days After Receipt of Order (ARO) All <$300,000.00 60 Calendar Days ARO* All ≥$300,000.00

90 Calendar Days ARO* All ≥$500,000.00 120 Calendar Days ARO*

*The total dollar amounts of multiple delivery orders issued/received at various times during the same time frame, shall be added together to determine the delivery time frame for new orders.

“Same time frame” is defined as within four (4) weeks of each other.

Example:

Order 1 is issued/received on January 2, 2020 for $250,000.00.

The delivery time for Order 1 would be 60 days ARO.

Order 2 is issued/received on January 12, 2020 for $150,000.00.

The delivery time for Order would be 90 days ARO (since Order 1 and 2 were issued/received in the same time frame and together total more than $300,000.00).

Order 3 is issued/received on January 26, 2020 for $150,000.00.

The delivery time for Order 3 would be 120 days ARO (since Order 1, 2 and 3 were issued/received in the same time frame and together total more than $500,000.00).

Order 4 issued/received on March 15, 2020 for $270,000.00.

The delivery time for Order 4 would be 60 days ARO (since Order 4 was not issued/received within a 4 week time frame of the other three orders).

(b) Buoys may be delivered on a continual basis from the date a delivery order is issued through the specified time of delivery. All buoys are required to be delivered no later than the time of delivery specified on each delivery order. The time of delivery will be converted to a specific date (i.e., May 16, 2014) based on the date of award of the delivery order.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected.

The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Offeror’s Proposed Delivery Schedule CLIN Order(s) Total Value Within Calendar Days After Receipt of Order (ARO)

F.9 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of

Homeland Security Acquisition Regulation (HSAR): http://www.dhs.gov/publication/hsar

52.242-15 Stop Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.o.b. Destination NOV 1991

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION/MANAGEMENT

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

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 specifications 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.

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

Alternate Contracting Officer: Courtney Baker-Williams Telephone #: (757) 628-4042 E-Mail: Courtney.Baker-Williams@uscg.mil Fax #: (757) 628-4135

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

Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person might not have a warrant that provides the authority to contractually commit the Government.

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

Janet Kodmon, a Government Contractor, employed by Infinity Technology, LLC will provide primary Contract Specialist services for this procurement. Although Ms. Kodmon is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Ms. Barbara Spruill or Mr. Jim Kanash, employees of Infinity Technology, LLC. Non-disclosure agreements between Ms. Kodmon, Ms.

Spruill, Mr. Kanash 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 employees to contact Infinity Technology, LLC at the below address, telephone number , or email address to enter into a Non-Disclosure Statement/Confidentiality Statement/Certificate of Non-Conflict of Interest Statement.

Infinity Technology, LLC 8270 Greensboro Drive, Suite 750 McLean, VA 22102 mailto:Clenton.A.Shanks@uscg.mil mailto:Courtney.Baker-Williams@uscg.mil

POC: Mr. Mario Gonzales’ Telephone Number (571)765-4716 Email: mgonzales@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 issued at time of award 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 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) Packaging, packing, and shipping instructions, if any

(k) Any other pertinent information

Delivery Orders may be issued orally, by facsimile, by electronic commerce (e.g., e-mail), or by mail.

G.4 SYSTEM FOR AWARD MANAGEMENT (SAM)

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

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, the contractor is required to ensure that the DUNS number is recorded on every invoice submitted to the US Coast Guard.

G.6 REQUEST FOR PAYMENT

(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 a form, such as a DD Form 250, 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) mailto:mgonzales@itllc.com 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.

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

(1) Upon completion of each contract requirement (or monthly thereafter), the Contractor shall prepare and furnish to the COR/Alternate COR for approval a DD250 Form, Material Inspection and Receiving Report.

One copy of each DD250 Form shall be submitted with the invoice. The report shall include:

*Contract Number *DD250 Form *Invoice Number *CLIN Number, CLIN Description, quantity, unit price, and extended price *Description of any Invoice deductions *A copy of the Progress Report

Invoices shall not be submitted until the Material Inspection and Receiving Report has been approved by the COR.

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

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

(b) Select “Coast Guard Vendors”

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

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

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

(3) The electronic submission requires the contractor to:

(a) Complete the Contractor Invoice Submission Form

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

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

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

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

• E-mail the invoice and any supporting documentation to janet.m.kodmon2@uscg.mil, Barbara.t.spruill@uscg.mil or james.c.kanash@uscg.mil.

http://www.fincen.uscg.mil/ mailto:janet.m.kodmon2@uscg.mil mailto:Barbara.t.spruill@uscg.mil mailto:james.c.kanash@uscg.mil

(4) 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

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Economic Price Adjustment (EPA) Clause – Steel. (JUN2014)

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

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

Note: Base Period CLINs 0001AA – 0008AM are not subject to an EPA Option Period One: CLINs 1001AA – 1008AM Option Period Two: CLINs 2001AA – 2008AM Option Period Three: CLINs 3001AA – 3008AM Option Period Four: CLINs 4001AA – 4008AM

(3) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Iron and Steel, Series ID WPU101 and related products and power, which will be referenced to as “Index” in the remainder of this clause. If for some reason the Index is no longer available or discontinued, the contracting parties shall agree on a new Producer Price Index.

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

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

(6) The CLINS identified in paragraph (2) will be adjusted to the nearest cent prior to the exercise of each Option Period of the contract, based on the percentage change (up or down) of the Index.

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

(B) If applicable, EPA 1 Adjustment will be made before Option Period One is exercised and will affect the CLIN unit prices of Option Periods 1, 2, 3 and 4. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for September, October and November 2019

(ii) Average Index for June, July and August 2020

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

(i) Average Index for June, July and August 2020

(ii) Average Index for June, July and August 2021

(D) 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 June, July and August 2021

(ii) Average Index for June, July and August 2022

(E) If applicable, EPA 4 Adjustment will be made before Option Period Four is exercised and will affect the CLIN unit prices of…