Amendment 0001.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 1

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) Amendment 0001 October 28, 2021

6. ISSUED BY CODE 84 7. ADMINISTERED BY (If other than Item 6) CODE 84 Department of Homeland Security United States Coast Guard

DOL-95

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

Same as Item 6 POC: Barbara T. Spruill, CTR E-mail: barbara.t.spruill@uscg.mil

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

70Z08421RBHQ02400

X 9B. DATED (SEE ITEM 11)

September 29, 2021

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for Receipt of Offers is extended / is not extended.

Offerors must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning one copy(s) of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc) SET FORTH IN ITEM 14, PURSUANT TO AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority).

E. IMPORTANT: Contractor is not / is required to sign this document and return _1__ copy(s) to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SUBJ: Welded Steel Buoy Chain and Bridle

The subject solicitation is hereby amended as follows: Sections H.1 and H.2 are corrected to revise the calculation dates for the Economic Price Adjustments for Steel and Fuel. Changes are identified by bold mark in the right margin.

Replacement pages 18 – 25 are attached.

The due date for receipt of proposals is extended to November 4, 2021.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY:

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA, FAR (48 CFR) 53.243

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page SOLICITATION 70Z08421RBHQ02400 18 of 62 Amendment 0001

NAME OF OFFEROR OR CONTRACTOR

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

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

(b) The following Contract Line Item (CLINs) and their respective Schedule B price are subject to an EPA for that portion of the CLIN price as shown that is subject to the EPA for steel. NOTE Attachment No. 5, in Part III, Section J – List of Attachments is provided for prospective bidders to complete. Prospective bidders should specify the unit price per CLIN (from Schedule B) and the portions of the CLIN price that is subject to the EPA for steel in the columns designated.

Note: Base Performance Period: CLIN 0001 and 0002 – Are not subject to EPA Performance Periods One, Two, Three and Four: CLIN X001, and X002 are subject to changes.

(c) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Iron and Steel, Series ID WPU101, which will be referenced to as “Index” in the remainder of this clause. If for some reason the Index is no longer available or discontinued, the contracting parties shall agree on a new Producer Price Index by July; provided, that if the BLS designated a Producer Price Index with a new title and/or code number as being continuous with the original Index, the new Producer Price Index shall be used. Unless the parties agree otherwise, the substitute Producer Price Index shall be a steel related Producer Price Index which is calculated in such a manner and is based on such factors as would cause it to most closely track the original Index.

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

(e) Beginning at the end of the Base 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 a downward adjustment if the Index decreases by any amount for any affected performance period. 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.

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

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

SOLICITATION 70Z08421RBHQ02400 19 of 62

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

(i) Average Index for July, August, and September 2021

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

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

(i) Average Index for July, August, and September 2022

(ii) Average Index for July, August, and September 2023

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

(i) Average Index for July, August, and September 2023

(ii) Average Index for July, August, and September 2024

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

(i) Average Index for July, August, and September 2024

(ii) Average Index for July, August, and September 2025

(g) If at the time required for submission of an EPA request, the Index reflects any of the months required to be used for the adjustment as Preliminary (P) data, the Preliminary (P) data will be used and will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

If Preliminary or Final September data is not available at the time required for submission of an EPA request, the three months with the most recently published (Preliminary or Final) data before September shall be used as the basis for adjustment. The three months that are used will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

(h) Annual Producer Price Index adjustment is not progressive or cumulative. While the adjustment will alter the adjusted unit price for subsequent year calculations, the Producer Price Index annual adjustment applies only to the single following year.

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

(1) Calculate average index for July, August, and September 2021 rounded up to four decimal places.

(2) Calculate average index for July, August, and September 2022 rounded up to four decimal places.

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

SOLICITATION 70Z08421RBHQ02400 20 of 62

(4) Calculate the price adjustment for each affected CLIN unit price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index and rounding the result to the nearest cent.

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

(j) With these terms in effect, Tables 1 and 2 below show some hypothetical data and sample EPA calculations which might be made to determine the annual adjusted selling unit prices for steel related stuffs. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

*Portion of unit price not subject to the EPA has been escalated by 3.5% per year by the contractor.

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

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

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

(i) CLIN 1004AA Awarded Unit Price: $5,000.00 Portion of CLIN 1001AA Unit Price not subject to EPA: $1,500.00 Portion of CLIN 1001AA Unit Price subject to EPA: $3,500.00

(ii) CLIN 200014A Awarded Unit Price: $5,052.00 Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

(iii) Average Index for July, August, and September 2021: 202.1000

(iv) Average Index for July, August, and September 2022: 223.2333

(v) Index Percent Change: (223.2333 - 202.1000) / 202.1000) X 100 = 10.4569%

(vi) Amount of adjustment: $3,500 X .104569 = $365.99 (Rounded to the nearest cent)

(vii) Adjusted CLIN 1001AA Unit Price: $5,000.00 + $365.99 = $5,365.99

(viii) Adjusted CLIN 2001AA Unit Price: $5,052.00 + $365.99 = $5,417.99 (Adjusted Portion of CLIN 200014A subject to EPA: $3,500 + $365.99 = $3,865.99)

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

(i) CLIN 2004AA Unit Price: $5,417.99 (See paragraph (j)(2)(viii) Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

Period of Performance

CLIN

Awarded

Unit Price

Portion of Unit Price not subject to EPA

Portion of Unit Price subject to

EPA

Base Period 0001AA $4,950 $1,450 $3,500** Option Period 1 1001AA $5,000 $1,500* $3,500** Option Period 2 2001AA $5,052 $1,552* $3,500**

SOLICITATION 70Z08421RBHQ02400 21 of 62

Portion of CLIN 2001AA subject to EPA: $3,865.99 (See paragraph (j)(2)(viii)

(ii) Average Index for July, August, and September 2022: 223.2333

(iii) Average Index for July, August, and September 2023: 235.3950

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

(v) Amount of adjustment: $3,865.99 X .054480 = $210.62

(vi) Adjusted CLIN 2001AA Unit Price: $5,417.99 + $210.62 = $5,628.61

Table 2 - Sample EPA Calculations (EPA Adjustments 1 and 2)

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

(l) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in FAR Subpart 4.7, whichever is earlier.

(End of Clause)

H.2 ECONOMIC PRICE ADJUSTMENT (EPA) – NUMBER TWO DIESEL FUEL

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

(b) The following Contract Line Item (CLINs) and their respective Schedule B price are subject to an EPA for that portion of the CLIN price as shown that is subject to the EPA for diesel.

NOTE Attachment No. 5, in Part III, Section J – List of Attachments is provided for prospective bidders to complete. Prospective bidders should specify the unit price per CLIN (from Schedule B) and the portions of the CLIN price that is subject to the EPA for diesel in the columns designated.

Note: Base Performance Period: CLIN 0003 and 0004 – are not subject to an EPA Performance Periods One, Two, Three and Four: CLIN X003, and X004 are subject to changes.

CLIN Awarded Unit Price

EPA 1

Adjustment

Amount

New Unit Price with

EPA 1

Adjustment

EPA 2

Adjustment

Amount

New Unit Price with

EPA 2

Adjustment

0001AA $4,950 N/A N/A N/A N/A

1001AA $5,000 $365.99 $5,365.99 N/A N/A

2001AA $5,052 $365.99 $5,417.99 $210.62 $5,628.61

SOLICITATION 70Z08421RBHQ02400 22 of 62

(c) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for No. 2 Diesel Fuel, Series ID WPU057303, 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 by September; provided, that if the BLS designated a Producer Price Index with a new title and/or code number as being continuous with the original Index, the new Producer Price Index shall be used. Unless the parties agree otherwise, the substitute Producer Price Index shall be a fuel related Producer Price Index which is calculated in such a manner and is based on such factors as would cause it to most closely track the original Index.

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

(e) Beginning at the end of the Base 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 a downward adjustment if the Index decreases by any amount for any affected performance period. 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.

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

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

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

(i) Average Index for July, August, and September 2021

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

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

(i) Average Index for July, August, and September 2022

(ii) Average Index for July, August, and September 2023

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

(i) Average Index for July, August, and September 2023

(ii) Average Index for July, August, and September 2024

SOLICITATION 70Z08421RBHQ02400 23 of 62

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

(i) Average Index for July, August, and September 2024

(ii) Average Index for July, August, and September 2025

(g) If at the time required for submission of an EPA request, the Index reflects any of the months required to be used for the adjustment as Preliminary (P) data, the Preliminary (P) data will be used and will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

If Preliminary or Final September data is not available at the time required for submission of an EPA request, the three months with the most recently published (Preliminary or Final) data before September shall be used as the basis for adjustment. The three months that are used will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

(h) Annual Producer Price Index adjustment is not progressive or cumulative. While the adjustment will alter the adjusted unit price for subsequent year calculations, the Producer Price Index annual adjustment applies only to the single following year.

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

(1) Calculate average index for July, August, and September 2021 rounded up to four decimal places.

(2) Calculate average index for July, August, and September 2022 rounded up to four decimal places.

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

(4) Calculate the price adjustment for each affected CLIN unit price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index and rounding the result to the nearest cent.

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

(j) With these terms in effect, Tables 1 and 2 below show some hypothetical data and sample EPA calculations which might be made to determine the annual adjusted selling unit prices for fuel related stuffs. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

SOLICITATION 70Z08421RBHQ02400 24 of 62

*Portion of unit price not subject to the EPA has been escalated by 3.5% per year by the contractor.

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

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

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

(i) CLIN 100014A Awarded Unit Price: $5,000.00 Portion of CLIN 1002AA Unit Price not subject to EPA: $1,500.00 Portion of CLIN 1002AA Unit Price subject to EPA: $3,500.00

(ii) CLIN 2002AA Awarded Unit Price: $5,052.00 Portion of CLIN 2002AA Unit Price not subject to EPA: $1,552.00

(iii) Average Index for July, August, and September 2021: 202.1000

(iv) Average Index for July, August, and September 2022: 223.2333

(v) Index Percent Change: (223.2333 - 202.1000) / 202.1000) X 100 = 10.4569%

(vi) Amount of adjustment: $3,500 X .104569 = $365.99 (Rounded to the nearest cent)

(vii) Adjusted CLIN 1002AA Unit Price: $5,000.00 + $365.99 = $5,365.99

(viii) Adjusted CLIN 2002AA Unit Price: $5,052.00 + $365.99 = $5,417.99 (Adjusted Portion of CLIN 2002AA subject to EPA: $3,500 + $365.99 = $3,865.99)

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

(i) CLIN 200014A Unit Price: $5,417.99 (See paragraph (j)(2)(viii) Portion of CLIN 2002AA Unit Price not subject to EPA: $1,552.00

Portion of CLIN 2002AA subject to EPA: $3,865.99 (See paragraph (j)(2)(viii)

(ii) Average Index July, August, and September 2022: 223.2333

(iii) Average Index for July, August, and September 2023: 235.3950

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

(v) Amount of adjustment: $3,865.99 X .054480 = $210.62

(vi) Adjusted CLIN 2002AA Unit Price: $5,417.99 + $210.62 = $5,628.61

Table 2 - Sample EPA Calculations (EPA Adjustments 1 and 2)

Period of Performance

CLIN

Awarded

Unit Price

Portion of Unit Price not subject to EPA

Portion of Unit Price subject to

EPA

Base Period 0002AA $4,950 $1,450 $3,500** Option Period 1 1002AA $5,000 $1,500* $3,500** Option Period 2 2002AA $5,052 $1,552* $3,500**

SOLICITATION 70Z08421RBHQ02400 25 of 62

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

(l) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in FAR Subpart 4.7, whichever is earlier.

(End of Clause)

H.3 PROCUREMENT OF BUOY CHAIN, UNITED STATES CODE 14 USC Sec. 97

(a) Except as provided in subsection (b), the Coast Guard may not procure buoy chain –

(1) that is not manufactured in the United States; or

(2) substantially all of the components of which are not produced or manufactured in the United States.

(b) The Coast Guard may procure buoy chain that is not manufactured in the United States if the Secretary determines that –

(1) the price of buoy chain manufactured in the United States is unreasonable; or

(2) emergency circumstances exist.

H.4 CONTRACTOR’S RELEASES

The Government may require the Contractor to complete Contractor’s Releases (DHS Form 700- 3 or an equivalent form) at the completion of the contract/each delivery order.

H.5 CONTRACTOR PERFORMANCE EVALUATION

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance may be evaluated throughout the contract (and task/delivery order) period of performance. 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.

CLIN Awarded Unit Price

EPA 1

Adjustment

Amount

New Unit Price with

EPA 1

Adjustment

EPA 2

Adjustment

Amount

New Unit Price with

EPA 2

Adjustment

0002AA $4,950 N/A N/A N/A N/A

1002AA $5,000 $365.99 $5,365.99 N/A N/A

2002AA $5,052 $365.99 $5,417.99 $210.62 $5,628.61