70Z08423RWOPL0001.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08423RWOPL0001

The United States Department of Homeland Security, United States Coast Guard, Director of Operational Logistics (DOL-9) will acquire the supplies outlined in the solicitation utilizing procedures in FAR Part 15, Contracting by Negotiations. This solicitation is issued as a Set-Aside for Small Business in accordance with FAR Subpart 19.5. The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns only.

The NAICS code is 332312 (Fabricated Structural Metal Manufacturing) and the size standard is 750 employees.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation, including any attachments, to ensure completion of all required representations, certifications and submissions. Acknowledge any Solicitation Amendments (SF-30) issued by the Government.

2. You must submit ALL of following by the date and time specified on the SF-33/Block 9.

(a) Volume I – Technical Proposal (See Section L.1.2 for complete details)

(b) Volume II – Past Performance Information (See Section L.1.3 for complete details)

(c) Volume III – Price Proposal (See Section L.1.4 for complete details)

3. Submit your offer with all required documentation and information to the following electronic address [electronic submission (e-mail) is authorized]

Barbara.T.Spruill@uscg.mil and copy to Courtney.Baker-Williams@uscg.mil

ELECTRONIC SUBMISSION may not exceed 10MB per email. You may submit your proposal via multiple emails, but it must state Solicitation 70Z08423RWOPL0001 in the Subject Line. If mailing DO NOT submit removable memory/storage devices or media, such as, flash drives, thumb drives, memory sticks, hard drives, CDs, DVDs, or any other similar devices. USCG policy prohibits the use of removable memory/storage devices or media on USCG workstations and the USCG network.

4. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation. All questions and/or concerns regarding this solicitation shall be submitted in writing (no telephone calls) to the Contract Specialist at Barbara.T.Spruill@uscg.mil no later than (10 days before proposal due date) 3:00 PM Eastern. The Government may make a determination not to allow follow-up/additional questions after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns.

Questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the Sam.gov website for viewing by all potential offerors. Answers to questions will be available after the due date for questions/concerns has passed.

*Only send questions/concerns to the Contract Specialist listed above or, if not available, to the Primary Contracting Officer listed in Section G.1. DO NOT ask or submit questions/concerns regarding this RFP to any other USCG or government personnel (e.g., COR, program/project manager, requesting unit, etc.).*

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 with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

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

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

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

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 | 72

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

70Z08423RWOPL0001

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

NEGOTIATED (RFP)

5. DATE ISSUED

1 May 2023

6. REQUISITION/PURCHASE NUMBER

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

U.S. Coast Guard

DOL-95

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

U.S. Coast Guard

DOL-95

Attn: Barbara Spruill 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 3:00 PM, Eastern local time 1 June 2023 .

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:

Barbara Spruill. AREA CODE NUMBER EXT. Barbara.T.Spruill@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 29-39

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 40-43

X D PACKAGING AND MARKING 7-8 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9 X K REPRESENTATIONS, CERTIFICATIONS 44-62

X F DELIVERIES OR PERFORMANCE 10-16 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 17-20 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 63-69

X H SPECIAL CONTRACT REQUIREMENTS 21-28 X M EVALUATION FACTORS FOR AWARD 70-72

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

OFFER 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. 3304(a)

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. 6/2014 Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page SOLICITATION 70Z08423RWOPL0001 2 of 74

NAME OF OFFEROR OR CONTRACTOR

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SUPPLY

The contractor shall provide all material, equipment, labor, supervision, tools, transportation, and other items or services (except as stated herein) necessary to fabricate and deliver steel ocean buoys and buoy parts. The Contractor shall perform in accordance with the awarded contract and comply with all applicable federal, state, local and municipal laws, regulations and requirements; all industry standards/references; and, all Government and USCG 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.

USCG. The contractor shall provide the necessary program management oversight to assure that all delivery schedules are met and that subcontracted parts and services meet all requirements of the contract

B. 2 ESTIMATED QUANTITIES

The estimated total quantities are listed in the Price Schedule provided as Attachment 1, and the Price Schedule includes Base Period and all Option Periods. Please note that this estimate is not a representation that the estimated quantities will be ordered in full, or that the requirements will be stable in volume or quantities, as the need is based upon the environment, ocean conditions, and local weather. The items specified in the First Article Lot Production are included in the schedule. Actual quantities of ocean buoys ordered will vary from year-to-year based on the USCG units’ operational needs.

B.3 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 performance under that order.

B.4 PRICE SCHEDULE

The below verbiage will be deleted from the awarded contract and replaced with the Price Schedule (Attachment 1) upon award.

(1) The offeror shall complete the Price Schedule (Attachment 1), which includes tabs for each performance period by Price Schedule Section B.4 (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 and ensure you are using two decimal places in the unit price to prevent rounding errors.

SOLICITATION 70Z08423RWOPL0001 3 of 74

(3) For each applicable CLIN/item, the offeror shall provide the amount of the portion of the unit price that is subject to the EPA Clause for Steel and the EPA Clause for Fuel.

Steel Ocean Buoy CLINs are subject to the EPA Clause for Steel.

Transportation CLINs are subject to the EPA Clause for Fuel

For purposes of submitting a proposal, the “Portion of the Unit Price Subject to the EPA” should be the same amount for the same item for all performance periods (Base Period through Option Period 4).

Example: When an offeror completes the Price Schedule, Attachment 1 under Section J, if the “Portion of the Unit Price Subject to the EPA” for the CLIN 0001AA, 4th Class Nun Radar Reflective Steel Ocean Buoys, is $100 for the Base Period, then it should be $100 for each Option Period CLIN for the same item (CLINs 1001AA – 4001AA) also. (Note: The below sample involves the same item)

CLIN Description of Supplies/Services Portion of the Unit Price Subject to EPA 0001AA 9x35LWR Buoy N/A 1001AA 9x35LWR Buoy $100.00 2001AA 9x35LWR Buoy $100.00 3001AA 9x35LWR Buoy $100.00 4001AA 9x35LWR Buoy $100.00

(4) The completed awarded price schedule will be incorporated into section B.7 of the contract upon award.

(END OF SECTION B)

SOLICITATION 70Z08423RWOPL0001 4 of 74

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BUOY SPECIFICATIONS

The specifications for this requirement are provided as attachments in Section J.

The Contractor shall manufacture and deliver to the Government steel ocean buoys and associated parts and equipment for various USCG Waterway Operations Product Line used by Aids to Navigation units across the districts and USCG that meet the requirements in the attached specifications and drawings

C.2 FIRST ARTICLE TESTING REQUIREMENT

The Contractor shall be required to submit for approval a first article lot production in accordance with FAR 52.209-3. The first article lot shall include the following:

CLIN NSN Description Specification

No.

Drawing

No.

001A01 2050-01-620-1103 8x26LR w/ Solar Battery Box 464 L 121132 F 001A02 2050-01-620-2067 7x20LIR 464 L 121118 F 001A03 2050-01-620-1811 2NR (Red) 464 L 121110 F 001A04 6160-01-335-3540 Solar Double Battery Box 460 I 121100 M 001A05 2050-01-312-9866 Lantern Bridge Buoy 499 E 121101 E 001A06 2050-01-334-8666 Buoy Top Mark Stand 55” 499 E 121138 D 001A07 2050-01-334-9293 Buoy Top Mark Stand 25” 499 E 121138 D 001A08 5840-01-043-6233 Can Radar Reflector 374 G 121024 G 001A09 5840-01-261-9882 Nun Radar Reflector 374 G 120316 F 001A10 6117-01-334-9292 3x10 Watt Solar Panel Frame 461 J 121133 D 001A11 6117-01-335-7377 3x20 Watt Solar Panel Frame 461 J 121134 D 001A12 6117-01-334-9295 3x35 Watt Solar Panel Frame 461 J 121135 D 001A13 6117-01-336-9133 1x10 Watt Solar Frame 461 J 121103 G 001A14 6117-01-336-9132 1x20 Watt Solar Panel Frame 461 J 121103 G 001A15 6117-01-336-9131 1x35 Watt Solar Panel Frame 461 J 121103 G 001A16 2040-01-317-6432 4x7 Lift Eye 500 F 121140 D 001A17 2040-01-317-6430 5x9 Lift Eye 500 F 121140 D 001A18 2040-01-317-6431 5x10 Lift Eye 500 F 121140 D 001A19 2050-00-301-4074 Gong Stand 362 I 120998 F 001A20 2050-00-856-4614 225 lb. Bell Stand 362 I 120998 F 001A21 2050-00-856-4618 85 lb. Bell Stand Bell 362 I 120998 F 001A22 2050-01-019-0107 Short Tapper Assembly w/Small Ball 360 M 121159 D 001A23 2050-01-025-3526 Short Tapper Assembly w/Large Ball 360 M 121159 D 001A24 2050-01-025-3527 Long Tapper Assembly w/Large Ball 360 M 121159 D 001A25 2050-01-391-6302 Small Tapper Ball 360 M 121159 D 001A26 2050-01-392-0939 Large Tapper Ball 360 M 121159 D 001A27 2050-01-F22-6469 5x11 Mooring Arm Assembly 001A28 2050-01-F22-6470 7x17 Mooring Arm Assembly 001A29 6350-01-034-1347 Whistle, Four Ball Buoy 381 12077E

SOLICITATION 70Z08423RWOPL0001 5 of 74

001A30 4820-01-034-1348 Whistle, Valve Body Buoy 381 12077E 001A31 2050-00-301-4067 Rubber Ball 001A32 6350-01-034-1349 Bell 85 lbs. 357 F 001A33 6350-01-034-1350 Bell 225 lbs. 357 F 001A34 6350-01-034-1352 No. 1 Gong, 60 lbs. 357 F 001A35 6350-01-034-1354 No. 3 Gong, 70 lbs. 357 F 001A36 6350-01-034-1353 No. 4, Gong, 75lbs. 357 F 001A37 N/A Test Plan and Procedures 001A38 N/A Quality Assurance and Control Plan 001A39 N/A First Article Testing Report

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 the contract award, or shortly thereafter, will execute the first article testing requirement.

Upon award of the contract or after the Post Award conference, the Government shall issue a Delivery Order for First Article Testing of Steel Ocean Buoys. Upon completion of the First Article production run, the Contractor shall conduct first article test and inspections at the Contractor’s facility, to be witnessed at the COR’s discretion either on site or virtually.

C.2.1 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 USCG Specification No. 464, Revision L.

C.2.2 WAIVER OF FIRST ARTICLE TESTING REQUIREMENT

In accordance with FAR 52.209-3(h), the Government may waive this requirement if supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

C.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 Technical Exhibit 1 in Section J (Specification for Fabrication of Steel Ocean Buoys, Specification No. 464, Revision L).

C.4 MEETINGS

C.4.1 POST AWARD CONFERENCE

A Post Award Conference (PAC) may be held by the Government. If required, and at the request of the Contracting Officer, the PAC, shall be via virtual means, hosted by the Contractor within thirty (30) 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 Steel Ocean

SOLICITATION 70Z08423RWOPL0001 6 of 74

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 the 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.4.2 PROGRAM OVERVIEW MEETINGS (POM)

POMs may be requested by the Government or the Contractor any time during the ordering 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 bring to the 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 Contractor will publish the final agenda prior to the POM. The Government will also prepare and distribute minutes for all POMs. The minutes shall include a narrative summation of each issue discussed at the POM, a list of attendees, list of action items, if any, and a schedule of planned activities.

C.4.3 PRE-FULL RATE PRODUCTION REVIEW

The purpose of this review shall be to verify that all technical deficiencies identified during First Article Testing have been corrected and 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 with the COR and Contracting Officer prior to beginning full-scale production to discuss any issues or recommendations we may have based upon the result of the First Article Testing Reports.

C.5 WARRANTY OF SUPPLIES

The contractor shall warrant all items against defects in workmanship and design in accordance with FAR 52.246-17. The Contractor warrants that for 6 months:

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform to the requirements of this contract.

(END OF SECTION C)

SOLICITATION 70Z08423RWOPL0001 7 of 74

SECTION D

PACKAGING AND MARKING

D.1 PRESERVATION, PACKAGING AND PACKING

D.1.1 All buoys, buoy towers and radar reflectors (CLINs X001AA – X001CC) delivered under this contract shall be packaged and marked to ensure delivery of the items without damage or deterioration of the items due to the hazards of shipping, handling and storage. The buoys, buoy towers and radar reflectors shall be shipped fully assembled. The ends of the vent pipes shall be covered with heavy tape to protect the threads from damage and to prevent water from entering the battery pockets. The contractor shall transport the buoys, buoy towers and radar reflectors to the destinations on a truck or trailer (e.g., stake-bed or flatbed) that will facilitate the unloading of the ocean buoys by the Government buoys shall not be shipped in containers or “box” trailers.

D.1.2 All components, equipment and spares delivered under this contract shall be preserved, packaged and packed in accordance with MIL-STD-2073E, Method 10.

D.2 MARKINGS OF WARRANTED ITEMS

D.2.1 The Contractor shall mark all shipments under this contract with the contract number and delivery order numbers. Further, the shipments shall be marked in accordance with the current edition of MIL-STD-129, "Military Marking for Shipment and Storage," in effect as of the date of the contract, and any other special marking as may be specified in Technical Exhibits listed in Section J.

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

D.2.2 Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark on the DD Form 250 (Attachment 4) or otherwise furnish notice of the existence of a warranty with the supplies delivered. 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 should include (i) a brief statement that a warranty exists, (ii) the substance of the warranty,

(iii) its duration, and (iv). The Contracting Officer will be identified on each order when issued.

D.2.3 BAR CODING FOR BUOY PARTS ONLY. Bar Coding is required in accordance with AIM BC 1, per Specifications 360-M.1, 362-I, 374-G.1, 461-J.1, 499-E.1 and 500-F.1

D.3 INCLUSION OF CONTRACT NUMBER ON DOCUMENTATION

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

SOLICITATION 70Z08423RWOPL0001 8 of 74

(a) Shipping documentation;

(b) Invoices; and

(c) Correspondence pertaining to the contract or to a particular delivery order.

(END OF SECTION D)

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SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

SEE FAR 52.246-2, INSPECTION OF SUPPLIES-FIXED-PRICE (AUG 1996) IN FULL TEXT IN SECTION I.

E.2 MATERIAL INSPECTION AND RECEIVING REPORT (DD-250 FORM)

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 DD 250 serves as a packing list, certification of quality control, and certification of inspection and acceptance at the receiving point, and one copy marked “Information Only” at the completion of delivery provided to the Contracting Officer’s Representative (COR) identified in the contract.

The Contractor shall pack the original DD 250 with each shipment of new steel ocean buoys and it shall contain the following information for the receiving activity in Block 23:

“Attn Receiving Activity:

1. INSPECT items for correct quantity and shipping damage.

2. SIGN Block 22 & indicate discrepancies below.

3. RETURN to address in Block 10 and copy to SILC - WOPL, COR (identified at time of award).

E.3 ACCESS TO CONTRACTOR FACILITIES

The Contracting Officer or his/her authorized designee may be allowed access to the Contractor’s or Subcontractor’s facility for the purpose of quality assurance during all phases of manufacturing.

(END OF SECTION E)

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 PLACE OF DELIVERY - DESTINATION

F.1.1 All buoys, buoy towers and radar reflectors (CLINs X001AA – X001CC) shall be delivered to the addresses listed in Attachment 2, Delivery Locations. Specific place of delivery shall be designated in each individual delivery order. Additional domestic destinations may be added at a later date via a negotiated bilateral contract modification.

F.1.2.1 Buoy parts and equipment (CLINs X001CD – X001DL) used for provisioning from the SFLC Warehouse will be delivered to the below address and a separate line item for transportation is not required:

USCG Surface Forces Logistics Center 2401 Hawkins Point Road

Building 88 Receiving Room Baltimore, MD 21226

Contract Number 70Z08423DXXXXXXXX Delivery Order Number {to be provided with each individual delivery order}

F.2 PLACE OF PERFORMANCE

Except for the transportation of buoys/parts to designated locations of delivery, performance under this contract is required to be performed at the Contractor’s Facility.

F.3 PLACES OF DELIVERY

Items will be delivered to the address listed in Attachment 2, Delivery Locations. 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.

U.S. Department of Homeland Security

United States Coast Guard

DOL-95

300 East Main Street, Suite 965

Norfolk VA 23510-9112

Contract No. 70Z08423DWOPLXXXX

SOLICITATION 70Z08423RWOPL0001 11 of 74

F.4 LOT SIZE

The following table lists the number of buoys that will fit on a 53’ trailer and will be considered one (1) Lot:

BUOY

CLINs PER

SHIPMENT

9x35LWR 1 9x32LR 1

9x20BR/GR 2 8x26LR/LWR 2

8x21LR 2 7x20LIR 3 7x17LR 3 6x20LR 3

5x11LNR/LCR 4

1NR/CR 3

1NT/CT 2

2NR/CR 4

3NR/CR 8

4NRS/CRS 25

5NR/CR 12

3NI/CI 12

5NI/CI 12

9x35LWR Tower 8 9X32LR Tower 8

9x20 / 8x21 LR Tower 12 8x26LR / LWR Tower 12

BUOY

CLINs PER

SHIPMENT

7x17 / 6x20 Tower 32 7x20LIR Radar Reflector 8 1 NR/CR Radar Reflector 20 2 NR/CR Radar Reflector 30 3 NR/CR Radar Reflector 40 5 NR/CR Radar Reflector 60

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NOTE: 7x20LIR Radar Reflectors shall be shipped in a 60” x 60” x 60” wood crate

F.4 SHIPPING

Shipping shall be FOB Destination. The shipping destination are listed in Attachment 4, Section J

– List of Attachment. The buoys shall be shipped on flatbed, stepdeck or doubledrop trailers only.

No enclosed trailer shipments will be accepted. Two different shipping price CLINS are required, “NORMAL” and “OVERSIZED.” CLINs 0002AA – 0002BH and related out-year performance period CLINs for shipment of buoys 8 foot in diameter and under will be considered a “NORMAL” shipment. CLINs 0003AA – 0003AG and related out-year performance period CLINs for all 9 foot diameter buoys (9x35LWR, 9x32LR and 9x20BR/GR) will be considered an “OVERSIZED” shipment. An “OVERSIZED” shipment may require an oversized load permit.

F.4 DELIVERY ORDERS

The Government’s requirements shall be given to the Contractor by the timely issuance of delivery orders, duly executed by the Contracting Officer in accordance with the Ordering instruction in Section G, the Order Limitations FAR 52.216-19, and Requirements FAR 52.216- 21 clauses set forth in Section I.

F.5 PREPARATION FOR DELIVERY

All deliveries will be made no later than the date specified in Block 15 of the delivery order, unless otherwise discussed and approved by the Contracting Officer. All deliveries shall be made Monday through Friday between the hours of 10:00 am and 3:00 pm, local time at the destination. No deliveries shall be scheduled or made on federally observed holidays. The Contractor is required to coordinate delivery dates with the receiving unit to ensure the receiving unit has the manpower and equipment necessary to receive the delivery on site on the specific date of delivery, a minimum of three business days is required between scheduling a delivery and delivery being made. Requests to deliver later than the date specified on the delivery order must be approved by the Contracting Officer. The USCG may designate any date as a non-delivery date. The contractor shall, at the direction of the Government, consolidate the delivery schedule of supplies to multiple destinations and permit stop offs for partial unloading at one or more points in route between the point of origin and final destination.

F.6 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 if it determines this to be in the best interest of the Government.

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F.7 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. See Section I.2, paragraph (h) regarding a first article waiver (CLIN 001A33 and 001A34 are still required if first article production and testing is otherwise waived).

CLIN

SUPPLIES

SPEC

NO.

QTY

UNIT

TIME OF DELIVERY After date of Delivery order Award

001A01 8x26LR w/Solar Battery Box (Color TBD) 464L 1 Each NLT 60 days

001A02 7x20LIR (Color TBD) 464L 1 Each NLT 60 days 001A03 2NR (Color RED) 464L 1 Each NLT 60 days 001A04 Solar Double Battery Box 1 Each NLT 60 days 001A05 Lantern Bridge Buoy 499E 1 Each NLT 60 days 001A06 Buoy Topmark Stand 55” 499E 1 Each NLT 60 days 001A07 Buoy Topmark Stand 25” 499E 1 Each NLT 60 days 001A08 Can Radar Reflector 374G 1 Each NLT 60 days 001A09 Nun Radar Reflector 374G 1 Each NLT 60 days 001A10 3x10 Watt Solar Panel Frame 461J 1 Each NLT 60 days 001A11 3x20 Watt Solar Panel Frame 461J 1 Each NLT 60 days 001A12 3x35 Watt Solar Panel Frame 461J 1 Each NLT 60 days 001A13 1x10 Watt Solar Panel Frame 461J 1 Each NLT 60 days 001A14 1x20 Watt Solar Panel Frame 461J 1 Each NLT 60 days 001A15 1x35 Watt Solar Panel Frame 461J 1 Each NLT 60 days 001A16 4x7 Lift Eye 500F 1 Each NLT 60 days 001A17 5x9 Lift Eye 500F 1 Each NLT 60 days 001A18 5x10 Lift Eye 500F 1 Each NLT 60 days 001A19 Gong Stand 362I 1 Each NLT 60 days 001A20 225 lb. Bell Stand 362I 1 Each NLT 60 days 001A21 85 lb. Bell Stand 357F 1 Each NLT 60 days 001A22 Short Tapper Assembly w/Small Ball 360M 1 Each NLT 60 days

001A23 Short Tapper Assembly w/Large Ball 360M 1 Each NLT 60 days

001A24 Long Tapper Assembly w/Large Ball 360M 1 Each NLT 60 days

001A25 Small Tapper Ball 360M 1 Each NLT 60 days

001A26 Large Tapper Ball 360M 1 Each NLT 60 days 001A27 5x11 Mooring Arm Assembly 500F 1 Each NLT 60 days

001A28 7x17 Mooring Arm Assembly 500F 1 Each NLT 60 days 001A29 Whistle, Four Ball Buoy 381G 1 Each NLT 60 days 001A30 Whistle, Valve Body Buoy 381G 1 Each NLT 60 days 001A31 Rubber Ball 357F 1 Each NLT 60 days 001A32 Bell 85 lbs. 357F 1 Each NLT 60 days

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001A33 Bell 225 lbs. 357F 1 Each NLT 60 days 001A34 No. 1 Gong, 60 lbs. 357F 1 Each NLT 60 days 001A35 No. 3 Gong, 70 lbs. 357F 1 Each NLT 60 days 001A36 No. 4, Gong 75lbs. 357F 1 Each NLT 60 days 001A37 Test Plan and Procedures

(required even if first article test is waived)

1 Each

In accordance with Specification

001A38 Quality Assurance and Control Plan (required even if first article test is waived)

1 Each Prior to First Article Production in accordance with Specification

001A39

First Article Test Report

Each

Within 15 days after completion of First Article Tests and

Inspections in accordance with Specification.

F.8 BUOY DELIVERY SCHEDULE

(a) Monthly Progress Reports and Quality Assurance Inspection Forms shall be delivered the 15 th Calendar day of the following month being reported on. The period for Government review of documents is 30 days, unless otherwise stated in this contract or its attachments.

(b) Buoys may be delivered on a continual basis from the date a delivery order is issued through the specified time of delivery. The time of delivery may be specified in terms of calendar days after receipt of a delivery order or converted to a specific date based on the date of award of the delivery order. All Buoys are required to be delivered no later than the time of delivery specified in each order in accordance with the schedule below:

CLIN Order(s) Total Within Calendar Days After Receipt of Order (ARO) ALL <$500,000.00 120 Calendar Days ARO* ALL >$500,000.00 180 Calendar Days ARO* ALL >$1,000,000.00 360 Calendar Days ARO*

*The total dollar amounts of multiple delivery orders issued/received at various time 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 4 weeks of each other.

Example:

Order 1 is issued/received on March 2, 2023 for $450,000.00.

The delivery time for Order 1 would be 120 days ARO.

Order 2 is issued/received on March 12, 2023 for $250,000.00.

The delivery time for Order 2 would be 180 days ARO (since Order 1 and 2 were issued/received in the same time-frame and together total more than $500,000.00).

Order 3 is issued/received on March 26, 2023 for $450,000.00

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The delivery time for Order 3 would be 360 days ARO (since Order 1, 2, and 3 were issued/received in the same time-frame and together total more than $1,000,000.00).

(c) If the maximum order limitation set forth in FAR 52.216-19 Order Limitations (OCT 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.9 DOCUMENT DELIVERABLES

SECTION

REFERENCE

DELIVERABLE

QTY

UNIT

TIME OF DELIVERY

E.2 DD 250 Material Inspection and Receiving Report

TBD Each Prepared and furnished with each shipment to record delivery, warranty, inspection and acceptance, and any quality issues of product.

F.7 Material Certifications of Conformance

Specification Job Required documentation within the First

Article Test Report.

F.12 Production Progress Reports

TBD Each NLT 30 days after completion of an order in accordance with Paragraph F.11 below and

FAR 52.242-2.

F.10 PERIOD FOR GOVERNMENT REVIEW OF – Deliverables

30 days, unless otherwise stated in this contract or its attachments.

F.11 PRODUCTION REPORTING

Production reports shall be submitted not later than thirty days after the completion of an order.

The report shall include the follow

(a) Summary of progress during the reporting period (include any significant technical information).

(b) Unanticipated technical or management problems of significance and any process control measures employed to rectify problems.

(c) Problems anticipated in future reporting periods.

(d) Requirements for changes in key personnel for whom Personnel Data Forms have been submitted.

(e) If applicable, work in progress.

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(f) Number of ocean buoys manufactured in the reporting period.

The Contractor will be responsible for reporting immediately to the Government all issues / concerns that could impact the delivery schedule. All reports and correspondence, except otherwise specified, shall be electronically submitted to the COR at the following e-mail address identified at time of contract award.

F.12 ORDERING PERIOD

The specific ordering periods for the Base Period, and Option Periods, if exercised, are as follows:

Dates below are estimated and may be revised based on date of actual award Base Period: 15 June 2023 (or date of award, whichever is later) – 14 June 2024 Option Period 1: 15 June 2024 – 14 June 2025 Option Period 2: 15 June 2025 – 14 June 2026 Option Period 3: 15 June 2026 – 14 June 2027 Option Period 4: 15 June 2027 – 14 June 2028

(END OF SECTION F)

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION PROCEDURES

Contract Administration: The U.S. Department of Homeland Security, USCG, Director of Operational Logistics (DOL-9), 300 East Main Street, Suite 965, Norfolk, VA 23510-9112 will perform all contract administration. Communications pertaining to contractual administrative matters shall be addressed to one of the Contracting Officers (KO) listed below. Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG DOL-9 Contracting Officer.

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

Contracting Officer: Vicente Macho Telephone #: (757) 628-4490 Vicente Macho Fax #: (757) 628-4135 Email: Vicente.M.Macho@uscg.mil

Alternate Contracting Officer(s): Any warranted USCG DOL-9 Contracting Officer.

Point of Contact: Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Point of Contact: Barbara Spruill, Contractor Telephone #: (757) 628-4159 E-Mail: Barbara.T.Spruill@uscg.mil Fax #: (757) 628-4135

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

Barbara Spruill, a Government Contractor, employed by Chenega Enterprise Systems & Solutions L.L.C. will provide primary Contract Specialist services for this procurement.

Although Ms. Spruill is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Mr. James Kanash, employee of Chenega Enterprise Systems & Solutions L.L.C. or Ms. Kirsten Johnson, employee of Chenega Enterprise Systems & Solutions L.L.C. Non-disclosure agreements between Ms. Spruill, Mr. Kanash, Ms. Johnson of Chenega Enterprise Systems & Solutions L.L.C. are required in accordance with the Procurement Integrity 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 Chenega Enterprise Systems & Solutions L.L.C. Ms. Spruill, Mr. Kanash, and Ms. Johnson to contact Chenega Enterprise Systems & Solutions L.L.C. at the

SOLICITATION 70Z08423RWOPL0001 18 of 74 below address, telephone number, or e-mail address to enter into a Non-Disclosure Statement/Confidentiality statement/Certification of Non-Conflict of Interest Statement.

Chenega Enterprise Systems & Solutions L.L.C.

609 Independence Pkwy, Ste 210 Chesapeake, VA 23305-5209 POC: Mr. Robert Neild, Project Manager

Email: robert.neild@chenegaess.com / Telephone Number: (860) 235-9100

The Contracting Officer’s Representative (COR) is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

G.2 ADDRESS OF CORRESPONDENCE

All correspondence except as otherwise specified shall be directed to the Contracting Officer at the following address:

U.S. Department of Homeland Security United States Coast Guard Director of Operational Logistics 300 East Main St., Suite 965 (DOL-95) Norfolk, VA 23510-9112

G.3 PAYMENT INFORMATION

At time of submission of proposal, the contractor shall be required to register in the System for Award Management (SAM) database in accordance FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (OCT 2018).

G.4 REQUEST FOR PAYMENT - FIXED-PRICE CONTRACTS FOR NON-

COMMERCIAL ITEMS

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

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

(2) If a request for payment includes all the items required by FAR 52.232-25, Prompt

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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 Payment Requests (FSMS Awards).

Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(2) Effective at FSMS Go-Live, except as provided in paragraph (3) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(3) The Contractor may submit payment requests using a method other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with USCG procedures.

(4) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

G.5 GOVERNMENT ORGANIZATIONS AUTHORIZED TO PLACE ORDERS

Only USCG Guard DOL-9 Contracting Officers are authorized to place orders under the resultant contract(s).

G.6 ORDERING PROCEDURES

G.6.1 Delivery Orders issued under this contract shall be prepared by the DOL-9 Contract Specialist or designated alternate and signed by a warranted DOL-9 Contracting Officer. The Contracting Officer via use of Optional Form 347 (OF-347) shall issue the delivery order and shall contain the following information:

(a) Date of order

(b) Contract number and Delivery Order number

(c) Item number, and description, quantity ordered and contract price

(d) Delivery or performance date

(e) Place of delivery or performance

(f) Packaging, packing, and shipping instructions, if any

(g) Accounting and appropriation data

(h) POC for delivery will be identified on each order, along with any other pertinent

SOLICITATION 70Z08423RWOPL0001 20 of 74 information

G.6.2 A Delivery Order may be placed by written performance directive, or in emergency circumstances, by verbal order, facsimile, or electronic commerce (e-mail) per FAR 52.216-18.

Information described in paragraph 1 above shall be furnished to the contractor at the time of order. An emergency order will be confirmed with a Form OF-347 delivery order within three

(3) workdays after a call is placed.

(END OF SECTION G)

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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.

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 – Is not subject to EPA for steel.

Option Periods One, Two, Three and Four: CLIN 1001, 2001, 3001, 4001 are subject to EPA for steel.

(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 October;

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.

SOLICITATION 70Z08423RWOPL0001 22 of 74

(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)…