70Z08424RWOPL0002.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08424RWOPL0002

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the supplies outlined in this solicitation in accordance with FAR Part 15, Contracting by Negotiation, utilizing a Woman-Owned Small Business Set-Aside. The NAICS Code is 335912 and the size standard is 1000 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]

Kirsten.I.Johnson@uscg.mil and copy to Jennifer.Blackwell@uscg.mil

ELECTRONIC SUBMISSION may not exceed 10MB per email. You may submit your proposal via multiple emails, but it must state Solicitation 70Z08424RWOPL0002 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 Kirsten.I.Johnson@uscg.mil no later than April 16, 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.

*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.).*

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for 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 shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

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

UNDER DPAS (15 CFR 350)

RATING

PAGE OF PAGES

1 49|

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

70Z08424RWOPL0002

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

NEGOTIATED (RFP)

5. DATE ISSUED

04/09/2024

6. REQUISITION/PURCHASE NO.

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

USCG LOG-9

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

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

Sealed offers in original and 1 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 Block 7 above, Attn: Kirsten Johnson until 3:00PM (Hour) local 05/09/2024 (Date) .

CAUTION — Late Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to terms and conditions contained in this solicitation.

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

INFORMATION CALL:

Kirsten Johnson AREA CODE

NUMBER

628-4453

EXT.

Kirsten.I.Johnson@uscg.mil

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 20-29

X B SUPPLIES OR SERVICES AND PRICE/COST 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5-6 X J LIST OF ATTACHMENTS 30

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

X E INSPECTION AND ACCEPTANCE 8-9 K REPRESENTATIONS, CERTIFICATIONS 31-39

X F DELIVERIES OR PERFORMANCE 10-11 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 12-16 L INSTRS., CONDS., AND NOTICES TO OFFERORS 40-47

X H SPECIAL CONTRACT REQUIREMENTS 17-19 M EVALUATION FACTORS FOR AWARD 48-49

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 from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price 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 TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

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

AREA CODE

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) (1) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE USCG Finance Center

Chesapeake, VA.

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV,. 9-97)

Previous edition unusable Prescribed by GSA – Far (48CFR) 53.214 (c)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page Solicitation 70Z08424RWOPL0002 2 of 50

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 Lithium Battery Packs used for Ice Buoys in accordance with the USCG Shore Infrastructure Logistics Center, Waterways Operations Product Line Specification No. 505 E.2, 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 Coast Guard Regulations, attachments and exhibits listed herein applicable to the performance of the contract and to contractor personnel. The contractor shall instruct and guide its employees regarding any directives provided by the U.S. Coast Guard. The contractor shall provide the necessary program management oversight to assure that all delivery schedules are met and that subcontracted parts and services meet all requirements of the contract.

B.2 TYPE OF CONTRACT

The contract type is an Indefinite Delivery Requirements Contract with Fixed Unit Prices. Firm-fixed price delivery orders will be issued in accordance with the contract when supplies are required by the Government. Delivery Orders will be issued on an Optional Form 347 (OF-347), “Order for Supplies or Services” (or other equivalent form). Individual Delivery Orders will specify the CLIN, product, quantity, unit prices, total amount of order, the required delivery date(s), delivery destination(s), and any other pertinent information. Delivery Orders may be issued orally, by facsimile, by electronic commerce (e.g., e-mail), or by mail. The Contractor is not authorized to provide supplies prior to the issuance of a Delivery Order.

B.3 LITHIUM BATTERY PACKS FOR ICE BUOYS

Fixed Unit Prices shall include all costs to construct the products which include, but are not limited to cost of material, direct and indirect labor, transportation, required lot testing, overhead, general and administrative (G&A) expenses, profit, and all applicable Federal, State, and local taxes and duties.

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

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

B.4 ESTIMATED QUANTITES

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

B.5 PRICING OF DELIVERY ORDERS

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

B.6 PRICE SCHEDULE

The offeror shall provide the unit price and extended total to provide all direct and indirect labor, overhead, general, and administrative expenses and profit and transportation to manufacture and deliver Lithium Battery Packs for Ice Buoys in accordance with the U.S. Coast Guard Specification No. 505 Rev.

E.2.

Solicitation 70Z08424RWOPL0002 3 of 50

PRICE SCHEDULE

BASE PERIOD

15 MAY 2024 – 14 MAY 2025

CLIN Description of Supplies/Services Estimated Quantity Unit

Unit Price

Estimated Amount

00A0 FIRST ARTICLE TESTING: In accordance with FAR 52.209.3

00A1 ICE BUOY BATTERY PACK 3 EA $ $

CLIN Description of Supplies/Services Estimated Quantity Unit

Unit Price

Estimated Amount

0001 ICE BUOY BATTERY PACK 344 EA $ $

TOTAL BASE YEAR (CLIN 00A1 - 0001) $

OPTION PERIOD ONE

15 MAY 2025 – 14 MAY 2026

CLIN Description of Supplies/Services Estimated Quantity Unit

Unit Price

Estimated Amount

1001 ICE BUOY BATTERY PACK 344 EA $ $

OPTION PERIOD TWO

15 MAY 2026 – 14 MAY 2027

CLIN Description of Supplies/Services Estimated Quantity Unit

Unit Price

Estimated

2001 ICE BUOY BATTERY PACK 344 EA $ $

OPTION PERIOD THREE

7 MAY 2027 – 6 MAY 2028

CLIN Description of Supplies/Services Estimated Quantity Unit

Unit Price

Estimated

3001 ICE BUOY BATTERY PACK 344 EA $ $

OPTION PERIOD FOUR

15 MAY 2028 – 14 MAY 2029

CLIN Description of Supplies/Services Estimated Quantity Unit

Unit Price

Estimated

4001 ICE BUOY BATTERY PACK 344 EA $ $

TOTAL AMOUNT (BASE PERIOD & OPTIONS 1, 2, 3, 4) $

Solicitation 70Z08424RWOPL0002 4 of 50

(END OF SECTION B)

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SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND. The contractor shall manufacture and deliver to the Government Lithium Battery Packs for Ice Buoys for USCG Waterway Operations Product Line (WOPL) used by Aids to Navigation (ATON) units across the U. S. Coast Guard that meet the requirements identified in the Specification for Lithium Battery Pack for Ice Buoy; Spec No. 505, Revision E. These specifications include certain dimensions, materials, tolerances, and inspection and testing requirements. In addition, the contractor then has to be able to deliver them in approved packaging to locations identified in section F.1, by the specified due date listed on the individual delivery orders.

C.2 SCOPE OF WORK. The Contractor shall provide the Coast Guard with Lithium Battery Packs for Ice Buoys. The Contractor shall furnish all necessary material, labor (direct and indirect), equipment, facilities and supervision to manufacture, fabricate and ship the Ice Buoy Battery Packs. The Contractor shall provide the necessary program management oversight to assure that all delivery schedules are met and the subcontracted parts and services, if any, meet all requirements of this contract.

C.3 APPLICABLE DOCUMENTS. See list of attachments, Section J.

C.4 PROGRAM MANAGEMENT. Meetings shall be held regularly to ensure effective program management and efficient and effective resolution of problems throughout the life of the contract. At least ten (10) working days before any meeting, unless otherwise stated the party requesting or hosting the meeting (Contractor or Government) shall notify the other party (Contractor or Government) of the time, date, location and proposed agenda of the meeting. The types and frequency of these meetings shall include, as a minimum, those described as follows:

C.4.1 Post-Award Conference: A post-award conference shall be required prior to the commencement of any work under this contract. At the Contracting Officer’s discretion, the conference shall be at the Contractor’s facility, or by teleconference call.

C.4.2 Program Overview Meeting (POM): Shall be held, if requested, by the Government or

Contractor. The Contractor shall conduct the POM at the Contractor’s facility, a Government facility, or a subcontractor’s facility, as appropriate for the major topics of discussion. The purpose of POMs shall be to surface, discuss, and resolve or assign responsibility for resolving through mutual agreement, technical, schedule and programmatic issues associated with this contract. The Contracting Officer’s Representative (COR) or Contracting Officer may also require a POM if the COR or Contracting Officer believes there are technical problems, schedule risks, or issues that require Government attention. The party requesting the POM (Contractor of Government) shall prepare and submit an agenda for review by the other party at least ten (10) calendar days prior to each POM. 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 Product quality shall be monitored through random quality assurance inspections by

Coast Guard personnel and/or Coast Guard-contracted inspectors at the Contractor’s facility (manufacturing plant) during production and upon delivery of the Ice Buoy Battery Packs.

C.4.4 Pre-Full-Rate Production Review. The purpose of this review shall be to verify that all

Solicitation 70Z08424RWOPL0002 6 of 50 lessons learned during First Article Testing have been incorporated into the design and technical data prior to full scale production. At this time, the Contractor shall demonstrate readiness to begin full-scale production. This review will be scheduled by the Contractor prior to beginning full-scale production. This paragraph (s) applies only if First Article Testing requirement is not waived.

C.5 ORDERING SEQUENCE OF EVENTS.

C.5.1 Award First Article: Upon award of the contract or after the Post-Award Conference, the Government may issue a Delivery Order for First Article Testing for Ice Buoy Battery Packs. Upon completion of the First Article production run, the Contractor shall conduct first article test and inspections at the Contractor’s facility, which may be witnessed by the Contracting Officer’s Representative (COR).

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 Lithium Battery Pack for Ice Buoys; Spec No. 505-E.2.

C.6 MATERIAL INSPECTION AND RECEIVING REPORT. The contractor shall comply with Section E (Inspection and Acceptance) of the contract when delivering Ice Buoy Battery Packs.

(END OF SCETION C)

Solicitation 70Z08424RWOPL0002 7 of 50

SECTION D

PRESERVATOIN, PACKAGING, MARKING, AND SHIPPING

D.1 PRESERVATION, PACKAGING, MARKING, AND SHIPPING. All items delivered under this contract shall be packed, marked, and ship as per Specification for Lithium Battery Pack for Ice Buoys; Spec No. 505-E.2.

D.2 INCLUSION OF CONTRACT NUMBER AND DELIVERY ORDER NUMBER ON

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

(a) Shipping documentation;

(b) Invoices; and

(c) Correspondence pertaining to a particular delivery order.

(END OF SECTION D)

Solicitation 70Z08424RWOPL0002 8 of 50

SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with USCG Shore Infrastructure Logistics Center, Waterways Operations Product Line, Specification entitled, “Specification for Lithium Battery Pack for Ice Buoys; Spec No. 505-E.2.2”; specifically Section 5, and the following:

(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) U.S. Coast Guard inspection of the supplies to be furnished hereunder shall be made at the destination by the receiving activity. Prior to acceptance of any item to be delivered under this contract, the Government will visually inspect the submitted items for compliance with the contractual requirements.

(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.

(d) 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 700-21 Form "Material Inspection and Receiving Report (MIRR)". The DHS 700-21 Form shall be used as a packing list, certification of quality control, and certification of inspection and acceptance. Prior to shipment, the DHS 700-21 Form must be signed by the COR.

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

Attn: Receiving Activity:

1. INSPECT items for correct quantity and shipping damage.

2. SIGN and indicate any discrepancies.

3. SCAN & EMAIL to: Michael.J.Beimel@uscg.mil.

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

U.S. Coast Guard inspection of the supplies or services to be furnished hereunder shall be made at the delivery destination by the receiving activity. Prior to acceptance of any item to be delivered under this contract, the Government will review the submitted items for compliance with the contractual requirements.

E.4 ACCESS TO CONTRACTOR FACILITIES

Solicitation 70Z08424RWOPL0002 9 of 50

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

(END OF SECTION E)

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SECTION F

DELIVERIES OR PERFORMANCE

F. 1 PLACE OF DELIVERY – DESTINATION. Price shall include cost of transportation for delivery FOB Destination. All items including option years may be deliver to the following Coast Guard destinations, which will be identified on individual delivery orders. See Section J, Attachment 4, for Delivery Destinations.

F.2 SHIPPING. All transportation cost shall be included in the fixed price for Lithium Ice Battery.

F.3 PREPARATION FOR DELIVERY. All deliveries will be made no later than the date specified on 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 Coast Guard destination, specified in each delivery order to set a mutually agreed upon delivery date. To ensure the availability of equipment and Coast Guard 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 Coast Guard reserves the right prior to agreeing to a delivery date to declare a date as a non-delivery date. Expenses incurred by the contractor due to failure to make delivery on a mutually agreed upon delivery date shall be the responsibility of the contractor.

F.4 FIRST ARTICLE DELIVERY TESTING SCHEDULE. In accordance with Section B of the solicitation, the Government requires the following first article items to be delivered/tested as indicated below:

CLIN SUPPLIES QTY UNIT TIME OF DELIVERY

000A Lithium Battery Pack 3 EA 45 days after receipt of a delivery order

F.5 DELIVERY SCHEDULE. The Government desires delivery to be made according to the following schedule:

Required Delivery Schedule CLIN No. Quantity Within Calendar Dates From…..

All CLIN’s All 60 Days After Issuance of Delivery Order

F.6 ORDERING PERIOD. The term of the contract base ordering period is for one base year (or less depending on the date of award) with the addition of four, one-year options which extend the contract through April 2024. The total contract duration period will not exceed five years. Evaluation of options does not obligate the Government to exercise any option period. The estimated contract period is as follows (dates nay be adjusted based upon award date):

Solicitation 70Z08424RWOPL0002 11 of 50

“Dates may be adjusted based upon the actual award date”

Base Period: May 15, 2024 – May 14, 2025 Option Period One: May 15, 2024 – May 14, 2026 (if exercised by the Government) Option Period Two: May 15, 2026 – May 14, 2027 (if exercised by the Government) Option Period Three: May 15, 2027 – May 14, 2028 (if exercised by the Government) Option Period Four: May 15, 2028 – May 14, 2029 (if exercised by the Government)

(END OF SECTION F)

Solicitation 70Z08424RWOPL0002 12 of 50

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

The U.S. Department of Homeland Security, USCG, Operational Logistics Command (LOG-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 LOG-9 Contracting Officer.

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

Contracting Officer: Jennifer Blackwell Telephone#: (757) 628-4115 E-Mail: Jennifer.Blackwell@uscg.mil

Alternate Contracting Officer(s): Any warranted USCG LOG-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 modify any terms and conditions of a contract.

Point of Contact: Kirsten Johnson Telephone#: (757) 628-4467 E-Mail: Kirsten.I.Johnson@uscg.mil

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

Kirsten Johnson, a Government Contractor, employed by Chenega Enterprise Systems and Solutions, LLC will provide primary Contract Specialist services for this procurement. Although Ms. Johnson is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Mr. James Kanash, and Ms. Barbara Spruill, 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. Johnson, Ms. Spruill 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.

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

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G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within 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 be 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 modify any terms and conditions of a contract.

G.3 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 LOG 95

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

G.4 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)

(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.”

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(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 and may include the following payment information: Date of payment, 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 LOG-9 Contracting Officers are authorized to place orders under the resulting contract.

G.6 ORDERING PROCEDURES

Solicitation 70Z08424RWOPL0002 15 of 50

G.6.1 Delivery Orders issued under this contract shall be prepared by the LOG-9 Contract Specialist or designated alternate and signed by a warranted LOG-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)

Solicitation 70Z08424RWOPL0002 16 of 50

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ADVANCES IN MODERN TECHNOLOGY

Throughout the life of this contract there is the likelihood that technical advancements will allow a more economical or ecologically efficient method to provide the necessary supplies for the performance of this contract. Either the Government or the Contractor may propose these types of changes and a revision to the proposed prices may be considered.

H.2 CONTRACTOR’S RELEASES

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

H.3 CONTRACTOR PERFORMANCE EVALUATION

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance will be evaluated for this contract yearly (not on orders). 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 that may 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 will be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal, Unsatisfactory, or Not Applicable.

(4) The Contractor Performance Assessment Reporting System (CPARS) shall 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.

H.4 DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

All Government furnished property, upon transfer from the Government to the Contractor, shall be examined for completeness, proper type, quantity, and damage. The Contractor shall be fully and solely

Solicitation 70Z08424RWOPL0002 17 of 50 responsible for any damage to such material while in the contractor’s custody and until it is returned to the USCG Surface Forces Logistics Center and accepted by the Contracting Officer or an authorized representative.

The Government may provide, to the maximum extent practicable, the following items as Government- Furnished Property (GFP) during performance of this contract.

Description Qty. Estimated Amount Ice Buoy Battery Pack Holder 1 $165.00

NSN 6160-01-576-9403

H.5 ADDRESS FOR SHIPMENT OF GOVERNMENT FURNISHED PROPERTY

Firm Name: _________________________________________

Street Address: ______________________________________

City, State, Zip Code: _________________________________

(END OF SECTION H)

Solicitation 70Z08424RWOPL0002 18 of 50

PART II CONTRACT CLAUSES–

SECTION I

I.1 CONTRACT CLAUSES INCORPORATED IN FULL TEXT

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.

(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 FAR 3.900 through 3.905.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

(End of clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

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

(End of Clause)

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

(a) The Contractor shall test all units of item 000A1 as specified in the contract. At least fifteen (15) calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within thirty (30) calendar days from the date of the individual order place against the contract to the Contracting Officer and the COR. Within fifteen

(15) calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government

Solicitation 70Z08424RWOPL0002 19 of 50 reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed by testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affect by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the contractor. Before first article approval, the cost thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where 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.

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the

Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the

Contractor’s record.

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(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUNE 1988)

The specifications cited in this solicitation may be obtained from:

Department of Homeland Security U. S. Coast Guard Shore Infrastructure Logistics Center - Waterways Operations Product Line 2400 Hawkins Point Road Baltimore, MD 21224

(571) 608-4276 Michael J. Beimel via e-mail Michael.J.Beimel@uscg.mil

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

FAR 52.216-18 ORDERING (AUG 2020)

(a) Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the 7 May 2024 through 6 May 2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

Solicitation 70Z08424RWOPL0002 21 of 50

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $150,000.00;

(2) Any order for a combination of items in excess of $300,000.00; or

(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, Solicitation 70Z08424RWOPL0002 22 of 50 the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause.