70Z08423RWOPLNS02.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08423RWOPLNS02

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 in accordance with FAR Subpart 6.1. Full and Open Competition.

The NAICS code is 332313 (Plate Work 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 – Price 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]

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

ELECTRONIC SUBMISSION should not exceed 10MB per email. You may submit your proposal via multiple emails, but it must contain Solicitation 70Z08423FWOPLNS02 in the subject line, an identified by Volume I, II or III.. 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 the due date. 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 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.).*

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 USGG 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 USCG 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 | 62

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

70Z08423RWOPLNS02

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

NEGOTIATED (RFP)

5. DATE ISSUED

2 May 2023

6. REQUISITION/PURCHASE NUMBER

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

70Z084 COB4 (E) – Norfolk, VA

USCG-SILC-COB4

Norfolk, VA 23510 US

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 2 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:

SPRUILL, BARBARA Ms. 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 23-32

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 33

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

X E INSPECTION AND ACCEPTANCE 8-9 X K REPRESENTATIONS, CERTIFICATIONS 34-53

X F DELIVERIES OR PERFORMANCE 10-12 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 13-16 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 54-61

X H SPECIAL CONTRACT REQUIREMENTS 17-22 X M EVALUATION FACTORS FOR AWARD 62-64

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 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 70Z08423RWOPLNS02 2 of 63

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 for the fabrication and delivery of shackles assemblies, shackle pins, and split keys used as mooring fittings on aids to navigation buoys, and Modeer shackle assemblies used for handling stud link chain. Shackles shall be in accordance with the USCG Shore Infrastructure Logistics Center, Waterways Operations Product Line Specification No.417, Revision H.3, and related and drawings.

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 USCG. The Contractor shall provide the necessary program management oversight to assure that all delivery schedules are met and that any 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 need. The items specified in the First Article Lot Production are included in the schedule. Actual quantities of shackles 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 unit prices 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.4 PRICE SCHEDULE

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

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(1) The offeror shall complete the Price Schedule (Attachment 1), which includes tabs for each performance period (Base Period – Option Period 2), 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 “Amounts” and the “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.

(3) For each CLIN, 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”. Shackle & Related Product CLINs are subject to the EPA Clause for Steel. 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 performance periods Option Period 1 – Option Period 2. There is no EPA applicable in the Base Period.

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 CLIN X001 , Split Key Shackle Assembly, 1ST Class, is $100 for the Option Period 1, then it should be $100 for each Option Period CLIN for the same item (CLINs 1001 – 2001) also. (Note: The below sample involves the same item.)

CLIN

Description of Supplies/Services

Portion of Unit Price Subject to EPA 0001 Split Key Shackle Assembly, 1ST Class N/A 1001 Split Key Shackle Assembly, 1ST Class $100.00 2001 Split Key Shackle Assembly, 1ST Class $100.00

(4) The completed awarded price schedule will be incorporated into section B.5 of the contract upon award.

(END OF SECTION B)

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SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SHACKLE SPECIFICATIONS

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

The contractor shall manufacture and deliver to USCG Yard Baltimore, MD, Shackles that meet the requirements in the attached USCG Specification No. 417. Rev. H.3 Fabrication of Shackles and Modeer Shackles, Drawings 121079-D and 121080-C. These specifications include certain measurements, type of metals needed, certain strength capabilities, and inspection and testing requirements.

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 First Article Approval – Contractor Testing. The first article lot shall include 5 of the shackle types listed below per the Specification 417-H.3. 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 contract award, or shortly thereafter, will execute the first article testing requirement.

CLIN SUPPLIES

00A1 121079, Shackle ASSY Rivet Pin 3rd Class

00A2 121079, Shackle ASSY Rivet Pin 4th Class 00A3 121079 Pin Split Key 3rd Class 00A4 121079 Pin Split Key 4th Class 00A5 121079 Key Split STNLS 1st, 2nd, and 3rd Class 00A6 121079 Key Split STNLS 4th Class

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 2 in Section J (Specification No. 417- H.3, Fabrication of Shackles and Modeer Shackles).

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C.4 MEETINGS

C.4.1 POST AWARD CONFERENCE

A Post Award Conference (PAC) may be held if required, and at the request of the Contracting Officer. The PAC may be via electronic means, hosted by the Contractor within thirty (30) days after contract award. The Contractor and all significant subcontractors shall participate in the PAC. The PAC’s is to ensure mutual understanding of contract requirements and procedures, conduct a review of the Shackle design, and to discuss any technology insertion, proposed product improvement, and timelines for insertion of the improvements. To this end, PAC discussions will 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 PAC 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 Government will publish the final agenda prior to the POM. The Government will also prepare and distribute minutes for all POMs. The minutes shall include a narrative summation of each issue discussed at the POM, a list of attendees, list of action items, if any, and a schedule of planned activities.

C.4.3 PRE-FULL RATE PRODUCTION REVIEW

The purpose of this review shall be to verify that all technical deficiencies identified 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 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.

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C.5 FIRST ARTICLE ORDERING SEQUENCE OF EVENTS

C.5.1 AWARD FIRST ARTICLE

Upon award of the contract or after the PAC, the Government may issue a Delivery Order for First Article Testing for shackles. Upon completion of the First Article production run, the Contractor shall conduct first article test and inspections at the Contractor’s facility, and will be witnessed by the COR, at their discretion either on-site or virtually.

C.5.2 GOVERNMENT APPROVAL, CONDITIONAL APPROVAL, AND

DISAPPROVAL OF FIRST ARTICLE TEST REPORT AND FIRST ARTICLE.

First Article Testing and Approval shall be conducted in accordance with FAR 52.209-3 and Specification for Fabrication of Shackles, Modeer Shackles Specification No. 417, Rev. H.3.

C.5.3 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.6 WARRANTY PERFORMANCE

The contractor shall warrant all items against defects in workmanship and design in accordance with FAR Clause 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 preservations, 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)

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SECTION D

PACKAGING AND MARKING

D.1 MARKING OF SHIPMENTS

All items delivered under this contract shall be packaged and marked as per Specification No.

417, Rev. H.3. Further, the shipments shall be marked in accordance with the current edition of MIL-STD-129, "Marking for Shipment and Storage," in effect as of the date of the solicitation, specified in Specification No. 417, Rev. H.3.

D.2 PRESERVATION, PACKAGING AND PACKING

The Contractor shall preserve all shipments, per MIL-SPEC-2073-1E, Method 10 and packing shall be in accordance with MIL-STD-2073-1E Level B. Shackle assemblies and shackle pins shall be packed in clean steel drums or barrels (30, 55, or 80 gallon capacity). The drums shall be manufactured in accordance with MIL-DTL-6054G and MS27683 per Specification No. 417, Rev. H-2, paragraph 5.1, 5.2 and 5.3.

D.3 BAR CODING. Bar coding IS REQUIRED and shall be in accordance with linear (Code 39) bar code as per Specification No. 417, Rev. H.3 paragraph 5.4.

D.4 INCLUSION OF CONTRACT AND DELIVERY ORDER NO. ON

DOCUMENTATION

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

(1) Shipping documentation;

(2) Invoices; and

(3) Correspondence pertaining to a particular delivery order.

(END OF SECTION D)

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SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with USCG Waterways Operations Product Line Specification entitled, “Specification for Fabrication and Shackles and Modeer Shackles, Specification Number 417, Revision H.3, dated February 2022, specifically Section 4.

(a) In accordance with FAR 52.246-2 Inspection of Supplies clause of this contract, supplies accepted by the Government are warranted by the Contractor to be free from any defects in material or workmanship and are also warranted to be in conformity with contract requirements acceptance will be demonstrated by execution of the block on the DHS Form 700-21.

(b) USCG inspection of the supplies to be furnished hereunder shall be made at the destination by the receiving activity.

(c) Whenever practicable, the Government will, in addition to giving the Contractor notice of any defect or nonconformance, afford the Contractor an opportunity to examine the defective supplies before they are replaced or corrected. Inspection and acceptance shall be in accordance with Specification No. 417 Rev. H.3, Section 3.

(a) Notwithstanding the provisions of the "Inspection of Supplies" clause of this contract, supplies accepted by the Government are warranted by the Contractor to be free from any defects in material or workmanship and are also warranted to be in conformity with contract requirements. The word "accepted" as used herein means the execution of the Acceptance Block and signing of a DHS 700-21 Form by an authorized Government representative.

(b) Whenever practicable, the Government will, in addition to giving the Contractor notice of any defect or nonconformance, afford the Contractor an opportunity to examine the defective supplies before they are replaced or corrected.

(c) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights otherwise afforded to the Government under this contract.

E.2 MATERIAL INSPECTION AND RECEIVING REPORT (DHS 700-21)

At the time of each shipment of supplies under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21"Material Inspection and Receiving Report (MIRR)". The DHS Form 700-21 shall be used as a packing list, certification of quality control, and certification of inspection and acceptance.

The original DHS Form 700-21 shall be packed with each shipment and shall contain the following information for the receiving activity:

Attn: Receiving Activity:

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1. INSPECT items for correct quantity and shipping damage.

2. SIGN and indicate any discrepancies.

3. EMAIL to: COR identified at time of award.

E.3 ACCESS TO CONTRACTOR FACILITIES

The Contractor shall allow the Contracting Officer or his/her authorized designee to enter the Contractor or Subcontractor(s) facility for the purpose of observation or consultation during all phases of manufacturing.

(END OF SECTION E)

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 PLACE OF DELIVERY – DESTINATION

Items shall be delivered to the below address:

USCG Surface Forces Logistics Center 2401 Hawkins Point Road

Building 88 Receiving Room Baltimore, MD 21226

Contract Number {to be provided with upon contract award} Delivery Order Number {to be provided with each individual delivery order}

F.2 SHIPPING

All transportation costs shall be included in the fixed unit price for the associated CLIN.

F.3 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 of the destination. No deliveries shall be scheduled or made on federally observed holidays. The contractor shall schedule deliveries by contacting the COR to set a mutually agreed upon delivery date. To ensure the availability of equipment and USCG personnel to accept delivery, a minimum of three business days is required between scheduling a delivery and delivery being made. Requests to deliver later than the date specified on the delivery order must be approved by the Contracting Officer. The USCG reserves the right prior to agreeing to a delivery date to exclude any date from delivery scheduling. Expenses incurred by the Contractor in connection with the failure to make delivery on a mutually agreed upon delivery date shall be the responsibility of the Contractor.

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 instructions in Section G and the Order Limitations (FAR 52.216-19) and Requirements (FAR 52.216-21) clauses set forth in Section I.

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F.5 FIRST ARTICLE DELIVERY TESTING 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.s, paragraph (h) regarding a first Waiver (CLIN 00A1 through 00A6 are still required if first article production and testing is otherwise waived).

CLIN SUPPLIES QTY UNIT TIME OF DELIVERY

00A1 121079, Shackle ASSY Rivet Pin 3rd Class

5 EA

90 days after receipt of a delivery order

00A2 121079, Shackle ASSY Rivet Pin 4th Class

5 EA

90 days after receipt of a delivery order

00A3 121079 Pin Split Key 3rd Class 5 EA 90 days after receipt of a delivery order

00A4 121079 Pin Split Key 4th Class 5 EA 90 days after receipt of a delivery order

00A5 121079 Key Split STNLS 1st, 2nd, and 3rd Class

5 EA

90 days after receipt of a delivery order

00A6 121079 Key Split STNLS 4th Class

5 EA

90 days after receipt of a delivery order

F.6 DELIVERY SCHEDULE

Required Delivery Schedule

CLIN No. Quantity Within Calendar Dates From…..

All CLIN’s All 120 Days of Contracting Officer Issuance of Delivery Order

F.7 ORDERING PERIOD

The term of the contract ordering period is for one year base period, with the addition of two, one year option periods which extend the contract through May 2026. The total contract duration period will not exceed five years. Evaluation of options does not obligate the Government to exercise any option period.

(Dates may be adjusted based on award date) Anticipated Performance Periods

Base Period: 05 June 2023 – 04 June 2024 Option Period 1: 05 June 2024 – 04 June 2025 Option Period 2: 05 May 2025 – 04 June 2026

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F.8 PLACE OF PERFORMANCE

Except for the transportation to the designated Government location of delivery, performance under this contract shall be identified in accordance with FAR 52.215-6, Place of Performance in Section K.

(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 and Solutions, LLC 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, and Ms. Kirsten Johnson, both employees Chenega Enterprise Systems and Solutions, LLC. Non-disclosure agreements between Ms.

Spruill, Ms. Johnson and Mr. Kanash, and Chenega Enterprise Systems and Solutions, 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 Chenega Enterprise Systems and Solutions, LLC, Ms. Spruill, Ms. Johnson and Mr. Kanash to contact Chenega Enterprise Systems and Solutions, LLC at the below address, telephone number, or e-mail address to enter into a Non-Disclosure Statement/Confidentiality statement/Certification of Non-Conflict of Interest Statement.

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Chenega Enterprise System Systems and Solutions, LLC 609 Independence Parkway, Suite 210 Chesapeake, VA 23320-5209 POC: Mr. Robert Neild, Program 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

USCG DOL 95

300 East Main St., Suite 965 Norfolk, VA 23510-9112

G.3 INVOICING INSTRUCTIONS

WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully-executed contract, delivery order or task order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s UEID (formerly DUNS)

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

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(9) Period of Performance for Work Invoiced

(10) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)

(11) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(12) For Travel: Components in accordance with FAR 31.205-46

(13) Invoice Total

(14) Discount Offerings

(15) Status as a Small Business (if applicable) for accelerated payment

(16) The last invoice submitted for this award must be clearly labeled with “FINAL

INVOICE.”

(17) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

Proper invoices associated with this award shall be submitted through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP:

If your company is already registered to use IPP, you will not be required to re-register and you do not need to contact IPP.

If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads.

The e-mail notification of payment is sent when a payment is distributed to your bank account

SOLICITATION 70Z08423RWOPLNS02 16 of 63 and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

• Toll-free number: 866-973-3131

• Email address: IPPCustomerSupport@fiscal.treasury.gov

• Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am – 6:00 pm ET

G.5 GOVERNMENT ORGANIZATION AUTHORIZED TO PLACE ORDERS

Only the USCG DOL-9 Contracting Officers are authorized to place orders under the resulting contract.

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) Any other pertinent 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) A portion of the unit prices for the following Contract Line Item (CLINs) are subject to the EPA for steel. Note CLIN 0001 – 0022 are not subject to the EPA for steel.

Base Period CLINs 0001 – 0022 (NOT SUBJECT TO AN EPA)

Option Period One CLINs 1001 – 1022

Option Period Two CLINs 2001 – 2022

(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; 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 Ordering Period and at the end of each subsequent Ordering 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 the affected performance period, then the unit price for the affected performance period and all subsequent performance periods will be adjusted in accordance with this clause. Any upward change in the Index for the affected ordering period will not be made unless requested by the contractor in writing no later than 30 days prior to expiration of current contract ordering period. No requests for adjustment will be accepted if received less than 30 days prior to expiration of current contract ordering period. The aggregate of the increases in any contract unit price made under this clause shall not exceed sixty percent (60%) 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 the remaining Option Periods. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for February, March, April 2023

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(ii) Average Index for February, March, April 2024

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

(i) Average Index for February, March April 2024

(ii) Average Index for February, March, April 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 May 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 May 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 requited (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 October November, December 2022 rounded up to four decimal places.

(2) Calculate average index for October November, December 2023 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 steel related items. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

Period CLIN Awarded Price Amount Subject to EPA* Base 0001 $10,000.00 $4,000.00

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Option 1 1001 $10,500.00 $4,000.00 Option 2 2001 $11,000.00 $4,000.00

* 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 1001 Awarded Unit Price: $10,500.00.

Portion of CLIN 0001 Unit Price subject to EPA: $4,000.00

(ii) Average Index for February, March, and April 2023: 202.1000

(iii) Average Index for February, March, and April 2024: 223.2333

(iv) Index Percent Change: (223.2333 - 202.1000) I 202.1000) X 100 = 10.4569%

(v) Amount of adjustment: $4,000 X .104569 = $418.28 (Rounded to the nearest cent).

(vi) Adjusted CLIN 1001 Unit Price: $10,500.00 + $418.28 = $10,918.28

(vii) Adjusted CLIN 2001 Unit Price: $11,000.00 + $418.28 = $11,418.28

Table 2 – Sample EPA Calculations (EPA 1)

Awarded

Price

EPA 1

Adjustment Revised Option Period Prices

1001 $10,500.00 $418.28 $10,918.28 2001 $11,000.00 $418.28 $11,418.28

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

(i) CLIN 2001 Adjusted Unit Price after EPA 1: $11,418.28.

Portion of CLIN 2001 Unit Price subject to EPA: $4,000.00

(ii) Average Index for February, March and April 2024: 223.2333

(iii) Average Index for February, March, and April 2025: 235.3950

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

(v) Amount of adjustment: $4,000 X .054480 = $217.92 (Rounded to the nearest cent).

(vi) Adjusted CLIN 2001 Unit Price: $11,418.28 + $217.92 = $11,636.20

Table 3 – Sample EPA Calculations (EPA 2)

Revised Prices after

EPA 1

EPA 2

Adjustment

Revised Option Period Prices

2001 $11,418.28 $217.92 $11,636.20

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

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(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 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.

(2) The areas to be evaluated include, but are not limited to: Quality of Product or Service, Schedule, Cost Control, Business Relations, Management of Key Personnel, and Utilization of Small Business.

(3) Each area may be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.

(4) The Contractor Performance Assessment Reporting System (CPARS) may be used for all performance evaluations. Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

(5) The results of the report will be provided to the Contractor who will be given a period of thirty

(30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104. Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

(END OF SECTION H)

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PART II – CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

I.1 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

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

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

I.2 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of a Contracting Officer from the USCG, Director of Operational Logistics (DOL-9), and shall not be binding until so approved.

I.3 FAR 52.209-3 FIRST ARTICLE APPROVAL – CONTRACTOR TESTING (SEP 1989)

ALTERNATE I (JAN 1997)

(a) The Contractor shall test all unit(s) of Items (CLINS) 00A1, through 00A6, as specified in this contract (see F.5).