RFP HSCG8412RBHQ002 Amendment 0001.pdf

NOTICE TO OFFEROR

SOLICITATION NUMBER: HSCG84-12-R-BHQ002

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the supplies outlined in the solicitation utilizing procedures in FAR Part 15, Contracting by Negotiations.

This solicitation is issued as a Set-Aside for Small Business in accordance with FAR Subpart

19.5. The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns. A “set-aside for small business” is the reserving of an acquisition exclusively for participation by small business concerns only. The NAICS code is 332313 and the size standard is 500 employees.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION:

1. Carefully read and comply with all solicitation clauses and provisions.

2. You must submit ALL of the documents and information listed in section L. Submission of Written Proposals and Past Performance, and Experience Information – Competitive, (pages 63-69) by the “Offer Due Date/Local Time” (SF-1449/Block 8) to be eligible for award. Also, see section M, Evaluation Factors for Award (pages 70-72).

3. Send your offer with all required documentation to the following address:

• U.S. Department of Homeland Security

United States Coast Guard Shore Infrastructure Logistics Center, PCB-4 Attn: Emely Hagins Coast Guard Island, Bldg. 54-C Alameda, CA 94501-5100

4. Any and all questions regarding this solicitation shall be submitted in writing to the

Contract Specialist at Emely.hagins@uscg.mil no later than June 8, 2012, 3:00 PM PST.

Questions will be compiled and answered on an “Amendment of Solicitation” (SF-30) and will be posted on the FedBizOpps website for viewing by all potential offerors.

THE ABOVE IS NOT INTENDED TO BE ALL-INCLUSIVE. PLEASE READ THE ENTIRE

DOCUMENT TO ENSURE COMPLETION OF ALL REQUIRED REPRESENTATIONS,

CERTIFICATIONS, AND SUBMISSIONS.

ALL SOLICITATION AMENDMENTS MUST BE ACKNOWLEDGED IN WRITING.

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 to:

COMMANDANT (CG-9131)

U.S. COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline Telephone Number is (202) 372-3695.

Request for Proposal: HSCG84-12-R-BHQ002

SECTION B - Supplies or Services/Prices – Continued

B.1 TYPE OF CONTRACT

This is an Indefinite-Delivery Requirements Contract, (base with four one year option periods) with Firm Fixed Price Delivery Orders with annual adjustments made for economic price adjustments for steel and fuel.

Delivery orders will be issued for the items in the Schedule as they are required by the Government. The Government does not guarantee the purchase of the estimated quantities. This contract is for the purchase of steel ocean buoys and associated transportation costs. The fixed price(s) shall include all direct and indirect labor, overhead, general, and administrative expenses, and profit. The Contracting Officer shall issue written orders that specify the buoy product ordered, including the required delivery location (s), delivery date(s), the inspection and acceptance points, the unit prices and total value of the order, and any special terms and conditions. Delivery Orders may be issued by mail, e-mail, or facsimile. The period of performance for the contract shall begin on the date of award and shall continue for a period of five (5) years if all options are exercised.

B.2 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 will be considered.

B.3 SUPPLIES OR SERVICES

This contract is for the manufacturing and delivery of steel ocean buoys in accordance with the U.S. Coast Guard Ocean Engineering Specifications No. 464, Revision J and related specifications and drawings. The buoys are classified as either lighted or unlighted. Lighted buoys and unlighted sound buoys are identified by their diameter and length, and various design attributes. Buoys are identified by their shape (can or nun), class (1st through 5th in descending order of size), and various design attributes.

The following abbreviations are used in Schedule B and throughout the solicitation:

CLIN: Contract Line Item Number QTY: Quantity EA: Each LT: Lot NSP: Not Separately Priced

B.4 FIRST ARTICLE TESTING REQUIREMENT

The contractor shall be required to submit for approval a first article lot production in accordance with FAR clause 52.209-3 included in Section I of this contract. The first article lot shall include 1 each of the following:

8x26LR with solar battery box; 7x20LIR; and 2NR. Approval as used in this paragraph means the contracting officer’s written notification to the contractor accepting the test results of the first article. The initial delivery order expected to be awarded at the time of award or shortly thereafter, will execute the first article testing requirement.

Subject to Contracting Officer’s review and approval and in accordance with FAR Clause 52.209-3, the contractor may request a waiver to this requirement.

Amendment 0001 Page 23 of 72

B.5 SHIPPING

Shipping shall be FOB Destination. The shipping destinations are listed in Attachment 13, Section J- List of Attachments. The buoys shall be shipped on flatbed, stepdeck or doubledrop trailers only. No enclosed trailer shipments will be accepted. Two different shipping price CLINs are required, “NORMAL” and “OVERSIZED.” CLIN 00002AA-00002BH and related out-year performance period CLINs for shipments of buoys 8 foot in diameter and under will be considered a “NORMAL” shipment. CLIN 00003AA-00003BB and related out-year performance period CLINs for all 9 foot diameter buoys (9x35 LWR, 9x32 LR, and 9x20 BR/GR) will be considered an “OVERSIZED” shipment. An “OVERSIZED” shipment will require an oversize load permit.

The follow table lists the number of buoys that will fit on a 53' trailer and will be considered 1 Lot:

BUOY BUOYS PER SHIPMENT

9x35 LWR 1 9x32 LR 1 9x20 BR/GR 2 8x26 LR/LWR 2 8x21 LR 2 7x20 LI 3 6x20 LR 3 5x11 LNR/LCR 4 3-1/2x8 LNR/LCR 24

1 NR/CR 3

2 NR/CR 4

3 NR/CR 8

4 NRS/CRS 25

5 NR/CR 12

3 NI/CI 12

5 NI/CI 12

9x35 Tower 8 9x32 Tower 8 9x20/8x21 Tower 12 8x26 LR/LWR Tower 12 7x17/6x20 Tower 32 1 NR/CR Tower 20 2 NR/CR Tower 30 3 NR/CR Tower 40 5 NR/CR Tower 60

Amendment 0001 Page 24 of 72

SECTION C - Description/Specifications

C.1 STATEMENT OF WORK/SPECIFICATIONS

The Statements of Work/Specifications for this requirement are listed as attachments in Section J.

The contractor shall manufacture and deliver to the Government Steel Ocean Buoys that meet the requirements in the attached Specifications referenced in Section J:

U.S. Coast Guard Ocean Engineering Specifications:

No. 464, Revision J No. 357, Revision D No. 360, Revision H No. 362, Revision G No. 374, Revision E No. 460, Revision I

CG Civil Engineering Drawing Numbers:

120990K 121140D 120994F 121143D 120998F 121145E 121009I 121151F 121024G 121152F 121028H 121153 121056B 121157D 121100M 121158E 121101E 121163B 121102G 121164B 121104G 121174A 121108E 121175A 121109E 121176 121110E 121182C 121111E 121186A 121112F 121188 121113F 121190 121129G 121191 121130F 121192 121131F 121193 121132F 121196 121137F 121197

Amendment 0001 Page 25 of 72

C.2 GOVERNMENT FIRST ARTICLE TESTING/VERIFICATION.

Prior to First Article approval, the Government reserves the right to conduct its own conformance testing and evaluation. This testing may encompass the testing identified in the Specification document referenced in Attachment 1 in Section J (U.S. Coast Guard Ocean Engineering Specifications No. 464, Revision J).

C.3 MEETINGS

C.3.1 Post Award Conference. A Post Award Conference shall be held if deemed necessary by the Government. The contractor shall be notified of the Government’s decision at award if a Post Award Conference will be required. If required, and at the request of the Contracting Officer, the conference shall be hosted by the contractor within thirty (30) days after contract award. The contractor and all significant subcontractors shall participate in a Post Award Conference. The purpose of the conference is to ensure mutual understanding of contract requirements and procedures, conduct a review of the Steel Ocean Buoys design, and to discuss any technology insertion, proposed product improvement, and timelines for insertion of the improvements. To this end, discussions at the conference would focus upon project orientation; clarification and transfer of applicable background information; contract requirements; dispute resolution procedures; and identification of points of contact from contractor and Government organizations. An overarching goal of the Post Award Conference is the establishment of efficient and effective communication mechanisms among the parties, including but not limited to e-mail, teleconferencing, video teleconferencing, and any other technologies available to facilitate timely communication at the minimum cost.

C.3.2 Program Overview Meetings (POM): POMs may be requested by the Government or the Contractor any time during the performance period of the contract. The Contractor shall conduct the POM at the Contractor’s Facility, a government facility, or a subcontractor’s facility, as appropriate for major topics of discussion. The purpose of POMs shall be to surface, discuss, and resolve or assign responsibility for resolving through mutual agreement, technical, schedule and programmatic issues associated with this contract. The COR or Contracting Officer may also require a POM if the COR or Contracting Officer believes there are technical problems, schedule risks, or issues that require Government attention. The party requesting the POM (Contractor or Government) shall prepare and submit an agenda for review by the other party at least seven (7) days prior to each POM. (Contractor format acceptable.) Either party may request additional items to be added to the agenda. The Government will publish the final agenda prior to the POM. The Government will also prepare and distribute minutes for all POMs. The minutes shall include a narrative summation of each issue discussed at the POM, a list of attendees, list of action items, if any and a schedule of planned activities.

C.3.3 Pre Full Rate Production Review. The purpose of this review shall be to verify that all 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 their readiness to begin full-scale production. This review will be scheduled by the Contractor prior to beginning full-scale production.

C.4 ORDERING SEQUENCE OF EVENTS

C.4.1 Award First Article: Upon award of the contract or after the Post Award conference, the Government shall issue a Delivery Order for First Article Testing of one each of the following: 8x26LR with solar battery box;

7x20LIR; and 2NR. Upon completion of the First Article production run, the Contractor shall conduct first article test and inspections at the Contractor’s facility, and will be witnessed by the Contracting Officer’s

Amendment 0001 Page 26 of 72

Representative (COR).

C. 4.1.1 Government Approval, Conditional Approval, and Disapproval of First Article Test Report and First Article. First Article Testing and Approval shall be conducted in accordance with FAR 52.209-3 U.S. Coast Guard Ocean Engineering Specifications No. 464, Revision J.

C.5 WARRANTY PERFORMANCE.

The contractor shall warrant all items against defects in workmanship and design in accordance with

FAR 52.246-17.

C.6 PACKAGING, HANDLING AND STORAGE

The contractor shall comply with Section D (Packaging and Marking) of the contract, and utilize the methods required to ensure all steel ocean buoys are properly preserved, packaged, marked, handled and transported to the Governments destinations. Destinations will be specified in individual delivery orders from those locations listed in Attachment 13.

C.7 MATERIAL INSPECTION AND RECEIVING REPORT

The contractor shall comply with Section E (Inspection and Acceptance) of the contract when delivering fabricated new Steel Ocean Buoys.

Amendment 0001 Page 27 of 72

SECTION D - Packaging and Marking

D.1 PRESERVATION, PACKAGING AND PACKING

All items delivered under this contract shall be packaged and marked to ensure delivery of the items without damage or deterioration of the ocean buoys due to the hazards of shipping, handling and storage. The contractor shall transport the ocean buoys to the destinations on a truck or trailer (e.g. flatbed, stepdeck or doubledrop trailers) that will facilitate the unloading of the ocean buoys with a small crane or forklift. The ocean buoys shall not be shipped in containers or “box” trailers.

D.2 MARKINGS OF WARRANTED ITEMS

The Contractor shall mark all shipments under this contract with the contract number and delivery order numbers. Further, the shipments shall be marked in accordance with the current edition of MIL-STD-129, "Marking for Shipment and Storage," in effect as of the date of the solicitation, and any other special marking as may be specified in Attachments 1, 2, 3, 4, 5, 6 and 7 listed in Section J.

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

D.2.1 Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark on the DD Form 250 (See Section J for form) the notice of the existence of a warranty. Markings may be brief but should include (i) a brief statement that a warranty exists, (ii) the substance of the warranty, (iii) its duration, and (iv) who to notify if the supplies are found to be defective.

D.3 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:

(1) shipping documentation;

(2) invoices; and

(3) correspondence pertaining to a particular delivery order.

Amendment 0001 Page 28 of 72

SECTION E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

(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 DD Form 250 by an authorized Government representative.

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

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

E.2 MATERIAL INSPECTION AND RECEIVING REPORT

At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DD Form 250 Material Inspection and Receiving Report (MIRR). The DD250 shall be used as a packing list, certification of quality control and a Certification of Acceptance and shall be sent to the Contracting Officer’s Representative.

One copy of DD Form 250 (MIRR) shall be sent to the Contracting Officer upon shipment/delivery/of any deliverable hereunder, clearly marked “Information Only.”

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 contractor’s facility and/or 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. At no time shall deliveries exceed the required delivery schedule in Section F of this contract.

E.4 ACCESS TO CONTRACTOR FACILITIES

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

E.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

Federal Acquisition Regulation (FAR): http://www.arnet.gov/far/ Department of Homeland Security: http://www.dhs.gov/xopnbiz/regulations/

52.246-2 Inspection of Supplies - Fixed-Price AUG 1996 52.246-16 Responsibility for Supplies APR 1984

Amendment 0001 Page 29 of 72

SECTION F – Deliveries/ Performance

F.1 PLACE OF DELIVERY - DESTINATION

Items shall be delivered to the addresses listed in Attachment 13, Delivery Locations.

A copy of the transmittal letter forwarding the deliverable(s) to the specified destination(s) shall be directed to the Contracting Officer at the following address:

• U.S. Department of Homeland Security United States Coast Guard Shore Infrastructure Logistics Center, PCB-4 Attn: Jessica Coltz 300 East Main Street, Suite 965 Norfolk, VA 23510

M/F: Contract No.: HSCG84-12-D-BHQ002

F.2. LOT SIZE

Section B.5 SHIPPING defines lot size and “Normal” and “Oversized” shipments.

F.3 DELIVERY ORDERS

The Government’s requirements shall be given to the contractor by the timely issuance of delivery orders, duly executed by the Contracting Officer in accordance with the Ordering (FAR 52.216-18) and Requirements (FAR 52.216-21) clauses set forth in Section I.

F.4 PREPARATION FOR DELIVERY

All deliveries will be made no later than the date specified in Block 15 of the delivery order. All deliveries shall be made Monday through Friday between the hours of 10:00 am and 3:00 pm. 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 order to set a mutually agreed upon delivery date. To ensure the availability of equipment and Coast Guard personnel to accept delivery a minimum three business days is required between scheduling a delivery and delivery being made. Requests to deliver later than the date specified in Block 15 of 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.

Amendment 0001 Page 30 of 72

F.5 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

00000A1

8x26LR (Lighted, Radar Reflector Buoy) with SolarBattery Box (Color

TBD)

1 EA 60 days after receipt of a delivery order

00000A2 7x20LIR (Lighted, Ice, Radar Reflector Buoy)(Color TBD) 1 EA 60 days after receipt of a delivery order

00000A3 2NR (Nun Shape Daymark, Radar Reflector Buoy) (Color: RED) 1 EA 60 days after receipt of a delivery order

F.6 DELIVERY SCHEDULE

(a) Buoys may be delivered on a continual basis from the date the order is issued through the specified time of delivery. All buoys are required to be delivered no later than the time of delivery specified in each order. The time of delivery may be specified in terms of calendar days after date of order or converted to a specific date (i.e. May 20, 2012) based on the date of award of the delivery order.

(b) The Government requires delivery to be made according to the following schedule.

REQUIRED DELIVERY SCHEDULE

CLIN SUPPLIES QTY UNIT TIME OF DELIVERY

00000B, 10000B, 20000B, 30000B, 40000B

Monthly Progress Report 1 per delivery order

EA

Due monthly to the COR and Contracting Officer by the 15th Calendar day of the following month being reported on.

00000B, 10000B, 20000B, 30000B, 40000B

Quality Assurance Inspection Form 1 per buoy EA As required.

00001, 10001, 20001, 30001, 40001 and all subCLINs Production Buoys

Orders under $1M

Orders over

$1M

90 days after receipt of delivery order.

Will be negotiated at issuance of each individual delivery order not less than 120 days.

F.7 PERIOD FOR GOVERNMENT REVIEW OF DOCUMENTS: 30 days, unless otherwise stated in this contract or its attachments.

F.8 FREIGHT ON BOARD (FOB) POINTS: FOB will be designated in each Delivery Order. It will be FOB Destination only.

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F.9 PERIOD OF PERFORMANCE

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

Base Period: 01August 2012 thru 31 July 2013 (or date of award) Option Period One: 01 August 2013 thru 31 July 2014 Option Period Two: 01 August 2014 thru 31 July 2015 Option Period Three: 01 August 2015 thru 31 July 2016 Option Period Four: 01 August 2016 thru 31 July 2017

F.10 PRODUCTION REPORTING

Production reports shall be submitted not later than thirty days after the completion of an order. The report shall include the following:

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

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

(c) Problems anticipated in future reporting periods.

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

(e) If applicable, work in progress

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

The contractor will be responsible for reporting immediately to the Government all issues/concerns that could impact the delivery schedule.

All reports and correspondence, except otherwise specified shall be directed to the Contracting Officer‘s Technical Representative at the following address:

USCG Headquarters (COMDT CG-432) 1900 Half St SW STOP 7901 Washington, DC 20593

JR9-1505

M/F: Contract No.: HSCG84-12-D-BHQ002

Additionally, a copy shall be sent to the Contracting Officer via the Contract Specialist at the following address:

USCG, Shore Infrastructure Logistics Center (SILC), PCB-4

300 East Main Street, Suite 965 Norfolk, VA 23510

M/F: Contract No.: HSCG84-12-D-BHQ002

OR

E-mail Jessica.L.Coltz@uscg.mil

Amendment 0001 Page 32 of 72

F.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

Federal Acquisition Regulation (FAR): http://www.arnet.gov/far/ Department of Homeland Security: http://www.dhs.gov/xopnbiz/regulations/

52.242-15 Stop Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 FOB Destination NOV 1991

Amendment 0001 Page 33 of 72

SECTION G - Contract Administration Data

G.1 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 the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter issued at time of award will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

G.2 CONTRACT MANAGEMENT

The U.S. Department of Homeland Security, U.S. Coast Guard Shore Infrastructure Logistics Center, PCB-4, 300 East Main Street, Suite 965, Norfolk, VA 23510will perform all contract administration.

A. 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 SILC PCB Contracting Officer.

Primary Contracting Officer: Wendy J. Culbreth Telephone Number: 757-628-4824 E-Mail: Wendy.J.Culbreth@uscg.mil

Alternate Contracting Officer: Janet M. Kodmon Telephone Number: 757-628-4115 E-Mail: Janet.M.Kodmon@uscg.mil

Or Any warranted USCG SILC PCB Contracting Officer

B. Contract Administrator (Contract Specialist) serves as the point of contract between the Contractor and the contracting Officer(s).

Contract Specialist: Jessica Coltz Telephone Number: 757-628-4490 E-Mail: Jessica.L.Coltz@uscg.mil Fax#: 757-628-4135

G.3 PAYMENT INFORMATION

Prior to award, the contractor shall be required to register in the Contractor Central Registration database in accordance with FAR 52.232-33.

Amendment 0001 Page 34 of 72

G.4 INVOICING AND PAYMENT INFORMATION FOR CONTRACTORS

The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR 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 US Coast Guard.

G.5 FACSIMILE NUMBER AND MAILING ADDRESS FOR DELIVERY ORDERS

Contractors shall indicate below where delivery orders shall be sent:

E-mail: ________________ Facsimile: ________________ Mailing Address: __________________________________________

Only one method shall be used with e-mail, facsimile, and mailing being the order of preference.

G.6 REQUEST FOR PAYMENT -- FIXED-PRICE CONTRACTS AND DELIVERY ORDERS FOR

NON-COMMERCIAL ITEMS

(a) 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)] and those items are accurate. A request for payment may be on a form, such as a DD Form 250, or company letterhead as long as it meets the requirements of this clause.

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

(2) If a request for payment includes all the items required by the clause at FAR 52.232-25, Prompt Payment but is inaccurate, then the request is not proper and the contractor shall be notified in writing of the error(s); the Government reserves the right to return an inaccurate request for payment with a statement of the reason(s) it is not proper.

(b) Invoicing Procedures: Electronic submission of invoices is mandatory for this contract and/or any orders issues in accordance with this contract.

1. The Contractor shall submit invoices for supplies or services via the U.S. Coast Guard Finance Center website at:

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

2. The web submission requires the contractor to complete the Contractor Invoice Submission Form, select the correct Invoice Routing Code, and attach a PDF file(s) of the invoice and any necessary supporting documentation.

Amendment 0001 Page 35 of 72

3. A sample of the Contractor Invoice Submission Form is provided below. Mandatory information to be completed is highlighted in red on the website.

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:

SILC PCB-4

(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

4. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SILC PCB-4.

5. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments.

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

6. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals:

Judy.L.Winkler@uscg.mil and Jessica.L.Coltz@uscg.mil.

7. The Contractor shall submit a proper invoice as identified in FAR Clause 52.232-25, Prompt Payment. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

Amendment 0001 Page 36 of 72

G.7 PROCEDURES FOR ISSUING DELIVERY ORDERS

G.7.1 Delivery Orders under this contract shall be prepared by the SILC Contract Specialist or designated alternate and signed by a warranted SILC Contracting Officer, on an OF-347, and shall contain the following information:

(a) Date of order

(b) Contract number and Task Order number

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

(d) DAFIS document number

(e) Delivery or performance date

(f) Place of delivery or performance

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

(h) Accounting and appropriation data

(i) Any other pertinent information

G.7.2 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.

Amendment 0001 Page 37 of 72

SECTION H - Special Contract Requirements

H.1 ECONOMIC PRICE ADJUSTMENT (EPA) – RAW MATERIAL (STEEL)

(a) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustments are provided under this clause.

(b) The following Contract Line Item (CLINs) and their respective Schedule B price are subject to an EPA for that portion of the CLIN price as shown that is subject to the EPA for steel. NOTE: Attachment No. 10, Section J – List of Attachments is provided for prospective bidders to complete. Prospective bidders should specify the unit price per CLIN (from Schedule B) and the portions of the CLIN price that is subject to the EPA for steel in the columns designated.

Base Performance Period: CLIN 00001AA – 00001BU Performance Period One: CLIN 10001AA – 10001BU Performance Period Two: CLIN 20001AA – 20001BU Performance Period Three: CLIN 30001AA – 30001BU Performance Period Four: CLIN 40001AA – 40001BU

(c) The adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Index for Commodity Code 101 – Steel, WPU101. If for some reason the Index is no longer available, the Contracting Officer will designate a comparable indicator to replace the Index.

(d) Beginning at the end of the Base Performance Period and at the end of each subsequent Performance Period, the Index will be monitored to see if any adjustment is required. The Government reserves the right to calculate an adjustment if the Index decreases by 3% or more for the affected performance period, then the unit price for the affected performance period and all subsequent performance periods will be adjusted in accordance with this clause. Any upward change in the Index for the affected performance period will not be made unless requested by the contractor in writing no later than 30 days prior to expiration of current contract performance period. No requests for adjustment will be accepted if received less than 30 days prior to expiration of current contract performance period. The aggregate of the increases in any contract unit price made under this clause shall not exceed [60] percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(e) The CLINS identified in paragraph (b) will be adjusted to the nearest cent prior to the start of each option period of the contract, based on the percentage change (up or down) of the Index.

(1) The initial adjustment shall be based on the change in the Index between the date of award and the average index for November, December and January of the calendar year.

(2) Subsequent adjustments shall be based on the change in the Index between the average index for November, December and January of the previous calendar year and the average index for November, December and January of the same calendar year thereafter.

(f) If November data are not available for any year, the month with the most recently published data before November shall be used as the basis for adjustment. If November data becomes available for the subsequent year, the selling price shall be increased or decreased by the percent change between the Index for whatever month was used in the previous year and the November Index for the current year.

Amendment 0001 Page 38 of 72

(g) 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.

(h) If the BLS Index specified in paragraph (c), above, is discontinued, the contracting parties shall agree on a new index by November; provided, that if the BLS designated an Index with a new title and/or code number as being continuous with the original Index, the new index shall be used. Unless the parties agree otherwise, the substitute Index shall be a materials/metals and metals related 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.

(i) With these terms in effect, Tables 1 and 2 show some hypothetical data and calculations which might be made to determine the annual adjusted selling unit price for materials/metals and metals related stuffs.

(j) No upward annual adjustment will be made in the contract price until a detailed cost breakdown is received from the Contractor, which reflects a newly calculated cost. The Government reserves the right to request a downward adjustment if the Index decreases more than 3% for the affected performance period.

(k) The following calculation methodology will be used to determine if any price adjustment is required for Performance Period One.

1. Calculate average index for November, December and January 2012 rounded up to four decimal places.

2. Calculate average index for November, December and January 2013 rounded up to four decimal places.

3. Calculate index percent change rounded up to four decimal places.

4. If the unit prices are adjusted, then the unit prices for each subsequent Performance Period, as identified in paragraph (b) may be adjusted in accordance with paragraph (j) above.

The following indices will be used for the following performance periods EPA:

1. For Base Period: No adjustment

2. For Option Period One:

a. Average Index for November, December and January 2012

b. Average Index for November, December and January 2013

3. For Option Period Two:

a. Average Index for November, December and January 2013

b. Average Index for November, December and January 2014

4. For Option Period Three:

a. Average Index for November, December and January 2014

b. Average Index for November, December and January 2015

5. For Option Period Four:

a. Average Index for November, December and January 2015

b. Average Index for November, December and January 2016

Amendment 0001 Page 39 of 72

(l) If a price adjustment is required, the following calculation methodology will be used:

1. Calculate the price adjustment for each affected CLIN price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index from paragraph (k) above and rounding the result to the nearest cent.

2. Calculate revised performance period unit prices by adding the price adjustment from (L)(1) to the contract price for subsequent performance periods to calculate adjusted CLIN prices.

(m) Sample EPA Calculation. The following is included for illustration purposes only.

Table 1 Sample Contract Information

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

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

1. Base Year – No Adjustment

2. Option Period One CLIN 1001 unit price = $5,000.00

3. Portion of CLIN 1001 unit price subject to EPA = $3,500.00 (amount entered by prospective bidders on Attachment 5 for each CLIN subject to EPA for steel, see paragraph (b)) Portion of CLIN 10001 not subject to EPA = $1,500.00

4. Average Index for November, December and January 2012 = 202.1000

5. Average Index for November, December and January 2013 = 223.2333

6. Index percent change = ((223.2333-202.1000)/ 202.1000) X 100= 10.4569%

7. Amount of CLIN 10001 unit price adjustment =

$3,500 X .104569= $365.99 (Rounded to the nearest cent)

8. Adjusted CLIN 10001 unit price = $5,000.00 + $365.99= $5,365.99

9. Adjusted subsequent performance periods prices:

Option Period Two, CLIN 2001 unit price = $5,050+$365.99 =$5,415.99 Option Period Three, CLIN 3001 unit price = $5,100 + $365.99 = $5,465.99 Option Period Four, CLIN 4001 unit price = $5,150 + $365.99 = $5,515.99

10. EPA for Option Period Two sample calculation:

a. Average index for November, December and January 2013= 223.2333

b. Average index for November, December and January 2014= 235.3950

c. Index percent change= ((235.3950-223.2333)/223.2333)) X 100 = 5.4480%

d. Portion of CLIN 20001 subject to EPA = $3,500 + $365.99 = $3,865.99

Amount of CLIN 20001 adjustment = $3,865.99 X .054480 = $210.62

e. Adjusted CLIN 20001 unit price= $5,415.99 + $210.62 = $5,626.61

f. Option Period Three, CLIN 3001 unit price =

$5,465.99+$210.62 = $5,676.61

Awarded

CLIN

Price

Portion of Price not subject to

EPA

Portion of price subject to EPA

0001 $4,950 $1,450 $3,500 1001 $5,000 $1,500* $3,500** 2001 $5,050 $1,550* $3,500** 3001 $5,100 $1,600* $3,500** 4001 $5,150 $1,650* $3,500**

Amendment 0001 Page 40 of 72

g. Option Period Four, CLIN 4001 unit price = $5,515.99 + $210.62 = $5,726.61

Table 2 Sample EPA Calculations

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

(o) 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 Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

(End of Clause)

H.2 ECONOMIC PRICE ADJUSTMENT (EPA) – (DIESEL FUEL)

(a) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustments are provided under this clause.

(b) The following Contract Line Item (CLINs) and their respective Schedule B price are subject to an EPA for that portion of the CLIN price as shown that is subject to the EPA for diesel. NOTE: Attachment No. 10, Section J – List of Attachments is provided for prospective bidders to complete. Prospective bidders should specify the unit price per CLIN (from Schedule B) and the portions of the CLIN price that is subject to the EPA for steel in the columns designated.

Base Performance Period: CLIN 00002AA – 00003BB Performance Period One: CLIN 10002AA – 10003BB Performance Period Two: CLIN 20002AA – 20003BB Performance Period Three: CLIN 30002AA – 30003BB Performance Period Four: CLIN 40002AA – 40003BB

(c) The adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Index for Commodity Code 057303 –Fuels, WPU057303. If for some reason the Index is no longer available, the Contracting Officer will designate a comparable indicator to replace the Index.

(d) Beginning at the end of the Base Performance Period and at the end of each subsequent Performance Period, the Index will be monitored to see if any adjustment is required. The Government reserves the right to

Awarded

CLIN

Price

EPA 1

Adjustment

New CLIN Price with EPA

1 adjustment

EPA 2

Price with

EPA 2

adjustment

0001 $4,950 N/A N/A N/A N/A 1001 $5,000 $365.99 $5,365.99 N/A N/A 2001 $5,050 $365.99 $5,415.99 $210.62 $5,626.61 3001 $5,100 $365.99 $5,465.99 $210.62 $5,676.61 4001 $5,150 $365.99 $5,515.99 $210.62 $5,726.61

Amendment 0001 Page 41 of 72 calculate an adjustment if the Index decreases by 3% or more for the affected performance period, then the unit price for the affected performance period and all subsequent performance periods will be adjusted in accordance with this clause. Any upward change in the Index for the affected performance period will not be made unless requested by the contractor in writing no later than 30 days prior to expiration of current contract performance period. No requests for adjustment will be accepted if received less than 30 days prior to expiration of current contract performance period. The aggregate of the increases in any contract unit price made under this clause shall not exceed [60] percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(e) The CLINS identified in paragraph (b) will be adjusted to the nearest cent prior to the start of each option period of the contract, based on the percentage change (up or down) of the Index.

(1) The initial adjustment shall be based on the change in the Index between the date of award and the average index for November, December and January of the calendar year.

(2) Subsequent adjustments shall be based on the change in the Index between the average index for November, December and January of the previous calendar year and the average index for November, December and January of the same calendar year thereafter.

(f) If November data are not available for any year, the month with the most recently published data before November shall be used as the basis for adjustment. If November data becomes available for the subsequent year, the selling price shall be increased or decreased by the percent change between the Index for whatever month was used in the previous year and the November Index for the current year.

(g) 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.

(h) If the BLS Index specified in paragraph (c), above, is discontinued, the contracting parties shall agree on a new index by August; provided, that if the BLS designated an Index with a new title and/or code number as being continuous with the original Index, the new index shall be used. Unless the parties agree otherwise, the substitute Index shall be a materials/metals and metals related 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.

(i) With these terms in effect, Tables 1 and 2 show some hypothetical data and calculations which might be made to determine the annual adjusted selling unit price for materials/metals and metals related stuffs.

(j) No upward annual adjustment will be made in the contract price until a detailed cost breakdown is received from the Contractor, which reflects a newly calculated cost. The Government reserves the right to request a downward adjustment if the Index decreases more than 3% for the affected performance period.

(k) The following calculation methodology will be used to determine if any price adjustment is required for Performance Period One.

1. Calculate average index for November, December and January 2012 rounded up to four decimal places.

2. Calculate average index for November, December and January 2013 rounded up to four decimal places.

3. Calculate index percent change rounded up to four decimal places.

4. If the unit prices are adjusted, then the unit prices for each subsequent Performance Period, as identified in paragraph (b) may be adjusted in accordance with paragraph (j) above.

Amendment 0001 Page 42 of 72

The following indices will be used for the following performance periods EPA:

1. For Base Period: No adjustment

2. For Option Period One:

a. Average Index for November, December and January 2012

b. Average Index for November, December and January 2013

3. For Option Period Two:

a. Average Index for November, December and January 2013

b. Average Index for November, December and January 2014

4. For Option Period Three:

a. Average Index for November, December and January 2014

b. Average Index for November, December and January 2015

5. For Option Period Four:

a. Average Index for November, December and January 2015

b. Average Index for November, December and January 2016

(l) If a price adjustment is required, the following calculation methodology will be used:

1. Calculate the price adjustment for each affected CLIN price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index from paragraph (k) above and rounding the result to the nearest cent.

2. Calculate revised performance period unit prices by adding the price adjustment from (L)(1) to the contract price for subsequent performance periods to calculate adjusted CLIN prices.

(m) Sample EPA Calculation.

The following is included for illustration purposes only.

Table 1 Sample Contract Information

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

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

1. Base Year – No Adjustment

2. Option Period One CLIN 1002 unit price = $5,000.00

Awarded

CLIN

Price

Portion of Price not subject to

EPA

Portion of price subject to EPA

0002A $4,950 $1,450 $3,500 1001A $5,000 $1,500* $3,500** 2001A $5,050 $1,550* $3,500** 3001A $5,100 $1,600* $3,500** 4001A…