Amendment 1.docx

HSCG40-12-R-60380

Amendment #A0001

1. The following questions were received from a prospective offeror regarding this solicitation. The government responses are provided below:

Question: Our Company has provided a number of the 5519935 MK75 System Water Shields for the USCG but has used various subcontractors that provide manufacturing or coating at their facility; will that be a problem with this contract? Will the subcontractors have to be reapproved for this contract?

Answer: The use of subcontractors is permitted on this contract and do not require approval; however, the prime contractor will remain solely accountable for the contract.

Question: Our Company has provided inspection results for the water shields manufactured to date along with a one year warranty on the material and workmanship; will similar documents satisfy this contract?

Answer: Previous inspections results/reports that have been used for past performance is acceptable. The standard commercial warranty of one year on the material and workmanship is acceptable.

Question: What is required for a “Test Plan” document? There are only inspections and inspection results provided on previous water shields.

Answer: A Test Plan is a procedure that the contractor uses to ensure the finished product meets the contract specifications and drawings, please refer to Part 1.4.5 of the Statement of Work dated 29 November 2011, entitled “MK 75 Gun, Water Shield”. Delivery of the Test Plan is not due until 15 days after contract award.

Question: We would take exception to the requested delivery time (16 weeks) specified since material delivery can add five to seven weeks to the total time for manufacturing. Can the delivery time be reconsidered?

Answer: Due to the fact of the long lead time of raw material, the delivery time for CLINs 0001-4001 for the MK75 Gun, Water Shield is hereby changed to read: 23 weeks or sooner after receipt of Delivery Order. (Please see revised Page 8) to this solicitation.

Question: We would take exception to providing a FFP quote for the out year options. We can provide a ROM for the out years that would be negotiated when the option is released, is that satisfactory? The ROM requirement is based on material availability and material costs.

HSCG40-12-R-60380

Amendment #A0001

Answer: The government cannot accept a Rough Order of Magnitude (ROM) pricing for the option years. This is a firm-fixed price contract for a base with four option years and pricing is required for all years. However, as a means to mitigate the amount of risk to contractors associated with fluctuating material costs, FAR Clause 52.216-3, Economic Price Adjustment – Semi-Standard Supplies is hereby added to the solicitation. This clause enables the contractor to address increases in material costs at the beginning of each option period. This clause is attached in full text.

2. The closing date for this solicitation is hereby extended until Monday, May 7, 2012 @ 2:00 PM Eastern Standard Time.

3. All other terms and conditions remain unchanged.

4. Please sign and return a copy of this Amendment with your offer.

MATERIAL INSPECTION AND RECEIVING REPORT

At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21, Material Inspection and Receiving Report. The receiving report must include:

· An authorization number such as the contract/delivery order number.

· Product or service description, including contractual documents line item number.

· Quantities shipped (if applicable).

· Date(s) property or services were accepted.

· Signature, printed name, title, telephone number, and mailing address of the receiving official.

One (1) copy of the DHS Form 700-21 shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked "Information only."

U.S. COAST GUARD INSPECTION (ORIGIN)

The Contractor shall be responsible for the performance of all inspection requirements in accordance with the Statement of Work entitled MK75 Gun, Water Shield, Attachment 1.

GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance shall be made by a Government representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements of Statement of Work Entitled MK75 Gun, Water Shield dated November 29, 2011, Attachment 1.

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997) (ALT. I, APR 1984)

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

REQUIRED DELIVERY SCHEDULE

ITEM DESCRIPTION EST. QTY. WITHIN CALENDAR DAYS FROM…

0001- MK75 Gun, Water Shield As Req’d 23 weeks after receipt of Delivery Order

0002 - Test Plan for Approval As Req’d 15 calendar days after award

0003- Final Test Report As Req’d 5 calendar days after shipment of each water shield

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an Offeror offers an earlier delivery schedule than required above. If the Offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Revised Page #8 – Included with Amendment #A0001 dated 5/2/12

52.216-3 Economic Price Adjustment—Semi standard Supplies. (Jan 1997)

(a) The Contractor warrants that the supplies identified as line items __________ [offeror insert Schedule line item number] in the Schedule are, except for modifications required by the contract specifications, supplies for which it has an established price. The term “established price” means a price that (1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor. The Contractor further warrants that, as of the date of this contract, any difference between the unit prices stated in the contract for these line items and the Contractor’s established prices for like quantities of the nearest commercial equivalents are due to compliance with contract specifications and with any contract requirements for preservation, packaging, and packing beyond standard commercial practice.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price (exclusive of any part of the unit price that reflects modifications resulting from compliance with specifications or with requirements for preservation, packaging, and packing beyond standard commercial practice) shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price (exclusive of any part of the unit price resulting from compliance with specifications or with requirements for preservation, packaging, and packing beyond standard commercial practice) shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective—

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of clause)