Solicitation_Rev._1.pdf

PDF 225 KB Posted Aug 12, 2014

Attached to: Fixed Ballast (Lead Ingots) Federal contract opportunity
Solicitation number: HSCG80-14-Q-P45G78
Issued by: Department of Homeland Security US Coast Guard

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Solocitation Revision 1

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Other files attached to Fixed Ballast (Lead Ingots), newest first.
File	Type	Posted
SF-30_A0001.pdf	PDF	Aug 12, 2014
SOW_WMEC_210_Lead_Ingot_Purchase_Rev._1.pdf	PDF	Aug 12, 2014
Solicitation.pdf	PDF	Jul 31, 2014
ATT_I_DHS_700-21_MATL_REP.pdf	PDF	Jul 31, 2014
SOW_WMEC_210_Lead_Ingot_Purchase.pdf	PDF	Jul 31, 2014

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Commander U.S. Coast Guard

Surface Forces Logistics Center

CPD-MECPL- CPD 1

300 E MAIN ST

NORFOLK, VA 23510

REQUEST FOR QUOTE

HSCG80-14-Q-P45G78

FIXED BALLAST, LEAD INGOTS

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

A. SF 1449, Solicitation/Contract/Order for Commercial Items 01

Notice of Filing Agency Protest 02

SF 1449 Addendum 03-05

SF 1449 Addendum Continued:

B. Supplies or Services and Prices 05-07 C. Statement of Work 08 D. Packaging and Marking 08 E. Inspection and Acceptance 08 F. Contract Administration Data 08-12 G. Contract Clauses 13-32 H. List of Attachments 32

I. Provisions, Submissions and Evaluation 32-38

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2114804P45G78

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE

DATE

31 JULY 2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SARAH CHAMBERS

b. TELEPHONE NUMBER (No collect calls)

(757) 628-4652

8. OFFER DUE DATE/

LOCAL TIME

14 AUGUST 2014 1000

EST

9. ISSUED BY CODE 75174

USCG SURFACE FORCES LOGISTICS CENTER

Attn: Emily Clark 300 E Main Street, Suite 550 Norfolk, VA 23510

E-mail: Emily.L.Clark@uscg.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUB ZONE SMALL SMALL BUSINESS PROGRAM NAICS:

BUSINESS 3314191

EDWOSB SIZE STANDARD:

SERVICE-DISABLED $35.5 M

VETERAN-OWNED

SMALL BUSINESS 8(A)

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

DO-N5

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

SEE ATTACHED

16. ADMINISTERED BY CODE

SEE ATTACHED

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DUNS:

TELEPHONE NO:

18a. PAYMENT WILL BE MADE BY CODE

USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall furnish all necessary labor, material services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified to perform delivery of lead ingots to the USCG WMEC 210’ Class Cutters in accordance with this document and attached specifications.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT

AND RETURN COPIES TO ISSUING OFFICE. CONTRACTOR

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED

AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

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

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

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

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

The Ombudsman Hotline telephone number is 202.372.3695.

CONTINUATION OF STANDARD FORM (SF) 1449 – BLOCKS 17a - 25

(1) Block 17a: Contractor shall include DUNS number.

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in the System for Award Management (SAM). To receive award Contractor must be registered in SAM, http://sam.gov.

(3) Block 19 through 24: SEE SCHEDULE OF SUPPLIES/SERVICES BELOW.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

DESCRIPTION OF ACQUISITION:

(a) This acquisition will result in the award of one or more Firm Fixed Price Contracts with Economic Price Adjustment for purchase of epoxy powder-coated fixed ballast (lead ingot, pig) as designated on individual delivery orders. The Government intends to make at least two, but not more than three, contract awards. However, we reserve the right to award more or fewer contracts if determined to be in the best interest of the Government. All purchased lead ingots will be shipped to specified locations in support of the WMEC 210’ Class Cutters. Once the purchased lead ingots are delivered the Contractor will be required to remove and dispose of the scrap lead removed from the vessels, and provide an appropriate credit to the Government as set out in the Schedule.

(b) The IDIQ will contain a base year and four (4) one-year option periods (if exercised by the Government) for a maximum of five (5) years. The required delivery dates for each individual purchase will be designated on each Delivery Order. The period of performance for the contract(s) is as follows:

Base Year: 1 September 2014 through 31 October 2015 Option Year 1: 1 September 2015 through 31 October 2016 Option Year 2: 1 September 2016through 31 October 2017 Option Year 3: 1 September 2017 through 31 October 2018 Option Year 4: 1 September 2018 through 31 October 2019

(c) The total estimated cost of this requirement is $2,500,000.00. Every contract awarded under this acquisition will reflect the aggregate IDIQ ceiling of $2,500,000.00. The minimum guarantee is $5,000.00 per contract. The minimum per order is $5,000.00 and the maximum per order is 1,000,000.00 Million.

(d) This acquisition will be solicited in accordance with FAR Part 12 Acquisition of Commercial Items, FAR Part 13.5 Test Program for Certain Commercial Items and FAR Part 19.502-2 Total Small Business Set-Asides.

(e) Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk.

ALL OFFERORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR PROPOSALS.

Required Documents:

Each offeror shall electronically furnish the information required by the solicitation, which includes:

1. Signed 1449 with offeror’s address, DUNS and all pages filled out, as applicable.

2. Technical Proposal.

3. Past Performance References.

4. Completed Schedule of Supplies/Services.

5. Small Business Self Certification.

6. Certifications 52.212-3, Offeror Representations and Certifications – Commercial Items.

All quotes shall be emailed to Emily Clark at Emily.L.Clark@uscg.mil. Only emailed quotes will be accepted.

PLEASE NOTE: PROPOSALS THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY

BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED

Anticipated Award Date: The contract(s) is expected to be awarded on or about 1 September 2014.

Questions and Requests for Drawings: The last day to request drawings or ask questions regarding this solicitation is August 6 2014 at 10:00 am EST. After this date further requests may not be accepted due to time constraints.

Contract Type: The Government contemplates award of one or more Firm Fixed Price Contracts with Economic Price Adjustment resulting from this solicitation. Under these contracts, the Coast Guard will issue Delivery Orders. Delivery orders will be issued via email by the WMEC Product Line CPD-1 Staff.

Shipping information for each delivery order is unavailable at this time. This information will be provided on each individual RFQ for award of the individual delivery orders. However, all deliveries will be in the contiguous United States (CONUS).

Minimum Guarantee: The minimum guarantee for each IDIQ contract(s) awarded against this solicitation is $5,000.00.

FAIR Opportunity Considerations on the Delivery Order Level:

1. Awardees will be afforded a fair opportunity to compete again at the Delivery Order level.

Awardees competing at the Delivery Order Level will have an opportunity to specify the contract pricing in place for that Option Year as applicable for the proposed Delivery Order or decrease applicable work item pricing. No increase in work item pricing will be permissible. Applicable contract pricing will be determined based on the date of the Delivery Order award, not the Delivery Order Period of Performance. For instance, a Delivery Order awarded in Option Year 1 with a Period of Performance in Option Year 2 will be priced in accordance with Option Year 1 rates.

Awardees will receive an email notification detailing a new Delivery Order requirement. The email will identify the following:

a) Quantity of units to be purchased;

b) Estimated quantity of units to be scrapped;

c) Required delivery date;

d) Shipping location;

e) Any other miscellaneous information relevant to the applicable Delivery Order; and

f) Response date.

Upon receipt of a new Delivery Order email, if the contractor is not available to fulfill the delivery order for the required delivery date, please respond with a negative reply such as “No proposal response due to unavailability of product.”

2. In providing awardees a fair opportunity to be considered for each Delivery Order, the

Contracting Officer shall consider the following factors:

a) Price

b) Ability to comply with the Period of Performance

c) Past Performance

Contractors competing for award of Delivery Orders may reduce prices by quoting lower prices than proposed and awarded under their Contract.

3. EXCEPTIONS

Awardees need not be given an opportunity to be considered for a particular Delivery Order, if the Contracting Officer determines that:

a) The agency need for such supplies are of such urgency that providing such opportunity would result in unacceptable delays.

b) Only one such contractor is capable of providing such supplies required at the level of quality required because the supplies ordered are unique or highly specialized.

c) The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order.

d) It is necessary to place an order to satisfy a minimum guarantee.

B. SCHEDULE OF SUPPLIES OR SERVICES

BASE YEAR : 1 SEPTEMBER 2014 – 31 OCTOBER 2015

ITEM DESCRIPTION UNIT EST QTY

UNIT

PRICE

EXTENDED PRICE

0001 LEAD INGOTS

0001A

NEW EPOXY POWDER COATED LEAD INGOTS

IN ACCORDANCE WITH THE STATEMENT OF

WORK

LB 240,000 $ $

0001B CREDIT FROM SALE OF SCRAP MATERIAL LB 240,000 $ (-$ )

ITEM 0001 SUBTOTAL =0001A-0001B =0001A-0001B

0001C SHIPPING (will be estimated & awarded on each individual delivery order)

JB TBD TBD

TOTAL: $

OPTION YEAR 1 : 1 SEPTEMBER 2015 – 31 OCTOBER 2016

UNIT

PRICE

1001 LEAD INGOTS

1001A

IN ACCORDANCE WITH THE STATEMENT OF

WORK

LB 261,250 $ $

1001B CREDIT FROM SALE OF SCRAP MATERIAL LB 261,250 $ (-$ )

ITEM 1001 SUBTOTAL =1001A-1001B =1001A-1001B

1001C SHIPPING (will be estimated & awarded on each individual delivery order)

JB TBD TBD

TOTAL: $

OPTION YEAR 2 : 1 SEPTEMBER 2016– 31 OCTOBER 2017

ITEM DESCRIPTION UNIT EST QTY

UNIT

PRICE

2001 LEAD INGOTS

2001A

IN ACCORDANCE WITH THE STATEMENT OF

WORK

LB 261,250 $ $

2001B CREDIT FROM SALE OF SCRAP MATERIAL LB 261,250 $ (-$ )

ITEM 2001 SUBTOTAL =2001A-2001B =2001A-2001B

2001C SHIPPING (will be estimated & awarded on each individual delivery order)

OPTION YEAR 3: 1 SEPTEMBER 2017– 31 OCTOBER 2018

UNIT

PRICE

3001 LEAD INGOTS

3001A

IN ACCORDANCE WITH THE STATEMENT OF

WORK

LB 385,000 $ $

3001B CREDIT FROM SALE OF SCRAP MATERIAL LB 385,000 $ (-$ )

ITEM 3001 SUBTOTAL =3001A-3001B =3001A-3001B

3001C SHIPPING (will be estimated & awarded on each individual delivery order)

JB TBD TBD

TOTAL: $

OPTION YEAR 4: 1 SEPTEMBER 2018– 31 OCTOBER 2019

ITEM DESCRIPTION UNIT EST QTY

UNIT

PRICE

4001 LEAD INGOTS

4001A

IN ACCORDANCE WITH THE STATEMENT OF

WORK

LB 0 $ $

4001B CREDIT FROM SALE OF SCRAP MATERIAL LB 0 $ (-$ )

ITEM 4001 SUBTOTAL =4001A-4001B =4001A-4001B

4001C SHIPPING (will be estimated & awarded on each individual delivery order)

C. STATEMENT OF WORK – Attachment I

D. PACKAGING AND MARKING

D.1 MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (1) a brief statement that a warranty exists; (2) the substance of the warranty;

(3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

D.2 PACKING LIST

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

D.3 NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

E. INSPECTION AND ACCEPTANCE

E.1 MATERIAL INSPECTION AND RECEIVING REPORT - Attachment II 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 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."

E.2 ACCEPTANCE. Acceptance shall be FOB Destination in accordance with Far 52.247-34.

F. CONTRACT ADMINISTRATION

F.1 ADDRESS OF CORRESPONDENCE

All correspondence, except as otherwise specified, shall be emailed to the Contract Specialist at Emily.L.Clark@uscg.mil. If deemed necessary items may be delivered to the following address:

U.S. Coast Guard

Surface Forces Logistics Center Medium Endurance Cutter Product Line CP&D

Attn: Emily Clark, Contract Specialist 300 E Main St, Ste 550 Norfolk, VA 23510

F.2 CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, Norfolk, VA shall be contract administrator for this contract.

F.3 METHOD OF PAYMENT AND INVOICING INSTRUCTIONS

F.3.1 Invoices shall be submitted upon completion of delivery and acceptance for each delivery order issued against this contract and based upon total amount of lead delivered, removed and scrapped as calculated in Item 0001 and subsequent Option Years from the Section B above and verified through inspection and acceptance on DHS Form 700-21.

F.3.2 The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies/Services.

F.3.3 In addition to the information required by FAR 52.212-4(g) Invoices shall include;

1) Contract Number, Delivery Order Number, DOC Number;

2) Name and Address of the Contractor;

3) Invoice Number and Invoice Date;

4) DUNS Number;

5) Name of the Contract Specialist and Contracting Officer ;

6) Invoice Routing Code (IRC): SFLC -1;

7) Indicate Small Business Status;

8) Indicate if Final Invoice. The Contractor’s final invoice submitted under the contract must be marked as follows: THIS INVOICE CONSTITUTES THE FINAL INVOICE – UPON

PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT

NUMBER (to be assigned upon contract award);

9) The percentage of completion for each CLIN identified;

10) Vessel name;

11) The overall percentage and dollar amount previously billed, currently billed and unbilled;

12) Shipping and Payment Terms; and

13) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.

All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.

F.3.4 The Contractor shall forward invoices via e-mail to the Contract Specialist delineated in the individual Delivery Order or in person to the Contracting Officer’s Technical Representative (COR). The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor. The Contractor shall complete the Contractor Invoice Submission Form (sample attached). The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Contractor Invoice Submission Form Directions: Please complete as much information as possible. All blocks in red text are required entries.

Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24).

THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED

Invoice Information Invoice Routing Code:

SFLC-1

(help) Invoice Number: (help)

Contract Number: (help) Invoice Date:

MM/DD/YY

(help)

BPA Number: (help) Invoice Amount:

0.00

(help)

Delivery/Task Order Number: (help) Discount Terms:

00.00

Discount Days:

Net Days:

(help) Company Information Attachment of Official Invoice

Company Name: (help)

DUNS: Plus 4: (help)

Point of Contact Name: (help)

Point of Contact Email: (help)

Phone: (help) Fax: (help)

Please verify your entry on the next page. Attach invoice and any supporting documentation after verification.

Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email.

Need help creating a PDF file? Click here for instructions.

Verify

Reset

The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SFLC-1. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments. http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

F.4 INVOICE AND PAYMENT INFORMATION FOR CONTRACTORS

The Data Universal Numbering Systems (DUNS) number is the primary identifier in the System for Awards Management (SAM). Contracts are located and identified in SAM by their DUNS number.

Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U.S. Coast Guard.

Effective 01 January 2002, all Coast Guard vendors must be registered in the System for Awards Management (SAM) in order to be awarded a contract. For more information on SAM and to register online, simply visit the SAM web site: http://www.sam.gov or call the Coast Guard Finance Center Customer Service line at (757) 523-6940.

F.5 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

F.5.1 The Contractor shall not accept any instructions issued by any person employed by the U.S.

Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of their authority. A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

F.5.2 No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer which may be received from any person employed by the Government or otherwise, will be considered as grounds for deviation from any stipulations of the purchase instruments.

F.5.3 In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

F.6 RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER

INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

NAME: _______________________________

TITLE: _______________________________

ADDRESS: _______________________________

PHONE NUMBER: _______________________________

F.7 CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR)

F.7.1 GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

F.7.2 NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

F.7.3 INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

F.7.4 RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

F.8 CONTRACTING OFFICER’S AUTHORITY

F.8.1: No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

H. CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Feb 2012)

ADDENDUM

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Branch Chief, CPD, C&P1 and shall not be binding until so approved.

(END OF CLAUSE)

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

H.1. ECONOMIC PRICE ADJUSTMENT (EPA) - Lead

(a) The Contractor warrants that the unit prices in this contract do not include any allowance for any contingency to cover increased costs for lead 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 lead.

Note: Base Period, no CLINs are subject to an EPA Option Period One CLIN 1001A Option Period Two CLIN 2001A Option Period Three CLIN 3001A Option Period Four CLIN 4001A

(c) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for All other miscellaneous secondary nonferrous metals, including lead, Series ID wpu102408, which will be referenced to as “Index” in the remainder of this clause. If for some reason the Index is no longer available or discontinued, the contracting parties shall agree on a new Producer Price Index by August; provided, that if the BLS designated Producer Price Index with a new title and/or code number as being continuous with the original Index, the new Producer Price Index shall be used. Unless the parties agree otherwise, the substitute Producer Price Index shall be a steel related Producer Price Index which is calculated in such a manner and is based on such factors as would cause it to most closely track the original Index.

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

(e) Beginning at the end of the Base Period and at the end of each subsequent Option Period, the Index will be monitored to see if any adjustment is required. The Government reserves the right to calculate an adjustment if the Index decreases by 3% or more for any affected performance periods. No upward adjustment, for the next affected performance periods, shall be made to the unit prices until requested in writing (with a detailed cost breakdown) by the Contractor; the written request (with detailed cost breakdown) from the Contractor shall be received no later than 30 days prior to expiration of current contract performance period. No requests for adjustment shall be accepted if received less than 30 days prior to expiration of current contract performance period. The aggregate of the increases in any CLIN unit price made under this clause shall not exceed sixty (60) percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

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

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

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

(i) Average Index for May, June and July 2014

(ii) Average Index for May, June and July 2015

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

(i) Average Index for May, June and July 2015

(ii) Average Index for May, June and July 2016

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

(i) Average Index for May, June and July 2016

(ii) Average Index for May, June and July 2017

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

(i) Average Index for May, June and July 2017

(ii) Average Index for May, June and July 2018

(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 July 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 July shall be used as the basis for adjustment. The three months that are used will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

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

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

(1) Calculate average index for May, June and July 2014 rounded up to four decimal places.

(2) Calculate average index for May, June and July 2015 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 lead related stuffs. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

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

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

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

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

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

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

(iii) Average Index for May, June and July 2014: 202.1000

(iv) Average Index for May, June and July 2015: 223.2333

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

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

(vii) Adjusted CLIN 100014A Unit Price: $5,000.00 + $365.99 = $5,365.99

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

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

(i) CLIN 200014A Unit Price: $5,417.99 (See paragraph (j)(2)(viii) Portion of CLIN 200014A Unit Price not subject to EPA: $1,552.00 Portion of CLIN 200014A subject to EPA: $3,865.99 (See paragraph (j)(2)(viii)

Period of Performance

CLIN

Awarded Unit Price

Portion of Unit Price not subject to

EPA

Portion of Unit Price subject to

EPA

Base Period 000014A $4,950 $1,450 $3,500** Option Period 1 100014A $5,000 $1,500* $3,500** Option Period 2 200014A $5,052 $1,552* $3,500**

(ii) Average Index for May, June and July 2015: 223.2333

(iii) Average Index for May, June and July 2016: 235.3950

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

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

(vi) Adjusted CLIN 200014A Unit Price: $5,417.99 + $210.62 = $5,628.61

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

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

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

(End of Clause)

H.2. ECONOMIC PRICE ADJUSTMENT (EPA) – Scrap Lead

(a) The Contractor warrants that the unit prices in this contract do not include any allowance for any contingency to cover increased costs for scrap lead 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 scrap lead.

Note: Base Period, no CLINs are subject to an EPA Option Period One CLIN 1001B Option Period Two CLIN 2001B Option Period Three CLIN 3001B Option Period Four CLIN 4001B

(c) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Other nonferrous scrap, including lead, zinc & precious metals, Series ID wpu102303, which will be referenced to as “Index” in the remainder of this clause. If for some reason the Index is no longer available or discontinued, the contracting parties shall agree on a new Producer Price Index by August; provided, that if the BLS designated 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.

CLIN Awarded Unit Price

EPA 1

Adjustment

Amount

New Unit Price with EPA 1 Adjustment

EPA 2

Adjustment

Amount

New Unit Price with EPA 2 Adjustment

000014A $4,950 N/A N/A N/A N/A 100014A $5,000 $365.99 $5,365.99 N/A N/A 200014A $5,052 $365.99 $5,417.99 $210.62 $5,628.61