RFP-MAR2012-PDF.pdf

NOTICE TO OFFEROR

SOLICITATION NUMBER: HSCG84-12-R-BHQ003

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the services 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, (page 41-48) 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 49-51).

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 April 23, 2012, 2:00 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.

HSCG84-12-R-BHQ003

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 63

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

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B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

03/21/2012 X

USCG SILC WEST

Coast Guard Island Bldg 54C Alameda CA 94501-5100

1400 PD 04/23/2012

Emely Hagins 510 emely.hagins@uscg.mil

437-3057

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PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-1 2-14

15-17 18-18 19-20 21-25 26-28 29-37

38-46

47-47

48-53

54-60

61-63

Request for Proposal: HSCG84-12-R-BHQ003

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 foam filled unlighted steel river 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 direction that specifies 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. 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 polyurethane foam-filled, unlighted steel river buoys in accordance with the U.S. Coast Guard Ocean Engineering Specifications No. 455, Revision D and related specifications and drawings. The buoys are manufactured of steel and filled with polyurethane foam. The buoys are classified into six types according to their size and design attributes. The buoys are polyurethane filled, unlighted radar reflective or tall type, 4th or 6th class, including Nun or Can Buoys, which can be red or green in color.

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 10 of each buoy type (4NR, 4CR, 6NR, 6CR, 6CT, 6NT). 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.

B.5 TOTAL ESTIMATED QUANTITIES

The estimated total quantities are defined in the following schedule. Please note that this estimate is not a representation that the estimated quantities will be required or ordered, or that conditions affecting requirements will be stable or normal. The items specified in the First Article Lot Production are included in the following estimate. Actual quantities of River Buoys ordered will vary from year-to-year based on the Coast Guard field units documented operational requirements.

SUPPLY/SERVICES ESTIMATED QUANTITIES

4th Class Nun Radar Reflective 20,000 Steel River Buoy (4NR) IAW Specification for Construction No. 455 Revision D

4th Class Can Radar Reflective 20,000 Steel River Buoy (4CR) IAW Specification for Construction No. 455 Revision D

6th Class Nun Radar Reflective 8,500 Steel River Buoy (6NR) IAW Specification for Construction No. 455 Revision D

6th Class Can Radar Reflective 8,500 Steel River Buoy (6CR) IAW Specification for Construction No. 455 Revision D

6th Class Nun Tall Steel 3,750 River Buoy (6NT) IAW Specification for Construction No. 455 Revision D

6th Class Can Tall Steel 3,750 River Buoy (6CT) IAW Specification for Construction No. 455 Revision D

TOTAL ESTIMATED CONTRACT QUANTITY: 64,500

SECTION C - Description/Specifications

C.1 STATEMENT OF WORK/SPECIFICATIONS

The Statement of Work/Specification for this requirement is listed as an attachment in Section J.

The contractor shall manufacture and deliver to the Government Unlighted Foam-Filled Steel River Buoys that meet the requirements in the attached Specifications referenced in Section J: CG Civil Engineering Drawing Numbers 121116C, 121117C, 121118D, 121119D, 121120D, and 121121D, and CG Specification for Construction of Foam-Filled Unlighted Steel River Buoys No. 455, Revision D.

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 (Specification for Construction of Unlighted Foam-Filled Steel River Buoys, Specification No. 455, Revision D).

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 Unlighted Foam-Filled Steel River 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 Unlighted Foam-Filled Steel River Buoys. 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 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 and U.S.

Coast Guard Ocean Engineering Specifications No. 455, Revision D.

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 RECOVERY AND DISPOSAL OF BUOYS

C.6.1 Contractor is to pickup used/damaged 4th Class and 6th Class Steel River Buoys. The contractor is only responsible for picking up buoys at locations already identified in the contract and in most cases these pickups will be made when making delivery of new fabricated buoys. Pickup of used/damaged buoys made in conjunction with delivery of new fabricated buoys shall be done at no additional costs to the government.

Additionally, the contractor may be asked to pick up used/damaged buoys when not making new buoy deliveries, ( Out of Cycle Transportation). These pick-ups shall be made and the contractor compensated at the awarded rate specified for that location in the Transportation Costs section of Section B. USCG personnel at all locations will load used/damaged buoys regardless of the quantity to be loaded.

C.6.2 The contractor agrees to salvage any Steel Counterweight Plates and dispose of the remaining scrap materials in accordance with all applicable local, state and federal laws at no additional cost to the government.

C.6.3 The contractor agrees to compensate the USCG for ALL buoys with usable materials (Steel Counterweight Plates). Used/damaged buoys without usable materials will still be picked up; however, no compensation will be due to the USCG.

C.6.4 The contractor is responsible for submitting a report quarterly of (1) the number of used/damaged buoys picked up by class, (2) the number of buoys with/without Steel Counterweight Plates and (3) the compensation due the Coast Guard by class . The report shall be submitted at the end of each quarter to the Contracting Officer and COR via e-mail. Compensation to the Coast Guard (for all quarters except the last quarter of the contract) for salvaged Steel Counterweight Plates shall be collected by credit to future Delivery Orders for 4th and 6th Class River Buoys by activating CLIN 0004 -4004 (Quarterly Compensation for Useable Steel Counterweight Plates). Compensation for the last quarter of the contract shall be made by the contractor issuing a check to the United States Treasury.

C.7 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 4th class and 6th class steel river 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 14.

C.8 MATERIAL INSPECTION AND RECEIVING REPORT

The contractor shall comply with Section E (Inspection and Acceptance) of the contract when delivering fabricated new Steel River Buoys or picking up used damaged Steel River Buoys.

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 river buoys due to the hazards of shipping, handling and storage. The contractor shall transport the river buoys to the destinations on a truck or trailer (e.g. stakebed or flatbed) that will facilitate the unloading of the river buoys with a small crane or forklift. The river 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 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.

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.

At the time of each pickup of used/damaged 4th and 6th Class Steel River Buoys 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 to (1) document the number of buoys being picked up by class (4th or 6th) with Steel Counterweight Plate Material and by class (4th or 6th) without Steel Counterweight Plate Material and (2) serve as a Certification of Acceptance by the government. A copy of each DD250 will 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/pickup 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

SECTION F – Deliveries/ Performance

F.1 PLACE OF DELIVERY - DESTINATION

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: Emely Hagins Coast Guard Island, Bldg. 54-C Alameda, CA 94501-5100

M/F: Contract No.: HSCG84-12-D-BHQ003

F.2 DOMESTIC PLACES OF DELIVERY

Domestic destinations are within the Continental United States. Items X002A – X002X and X003A – X003X in Section B – Supplies or Services/Price, and are identified in attachment 14, Delivery Location. The list of destinations may not be all inclusive and is subject to change. Additional domestic destinations may be added later. Specific place of delivery shall be designated in each individual delivery order.

F.2.1 LOT SIZE

Items X002A – X002W, designate “Domestic” destinations within the continental United States and involve up to full truckload “lots” in standard 48’ trailers.

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 Order Limitations (FAR 52.216-19) 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.

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

0000A 4NR First Article 10 Each NLT 100 days after date of award Delivery Order 0000B 4CR First Article 10 Each NLT 100 days after date of award Delivery Order 0000C 6NR First Article 10 Each NLT 100 days after date of award Delivery Order 0000D 6CR First Article 10 Each NLT 100 days after date of award Delivery Order 0000E 6NT First Article 10 Each NLT 100 days after date of award Delivery Order 0000F 6CT First Article 10 Each NLT 100 days after date of award Delivery Order 0000G Test Plan and 1 Job In accordance with Specification for Construction

Procedures of Foam Filled Unlighted Steel River Buoys, Specification 455, Revision D, Section 4.0, Verification

0000H Quality Control Plan 1 Job In accordance with Specification for

Construction of Foam Filled Unlighted Steel River Buoy Specification 455, Revision D, Section 4.0, Verification

0000I First Article 1 Job In accordance with Specification for

Test Report Construction of Foam Filled Unlighted Steel River Buoy Specification 455, Revision D, Section 4.0, Verification

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. The time of delivery for each order will be determined as follows:

1) Production Time. The following production rates are used to calculate the buoy production time per order:

4 NR/4CR 6NR/6CR/6NT/6CT

30 per day 50 per day

(2) Start Up

(A) If an active order is not in effect on the day an order will be issued, a start-up period of 60 calendar days shall be allotted for obtaining raw materials and initiating the production line.

(B) If an active order is in effect on the day an order will be issued and 60 or less calendars days remain until the time of delivery under the previous order, then a start-up period of 60 calendar days shall be allotted.

(3) Alternate Period. If an active order is in effect on the day an order will be issued and more than 60 calendar days remain until the time of delivery under the previous order, then an alternate period equal to the number of calendar days remaining shall be allotted to consider the buoys still to be produced under the previous order and the start-up year.

(4) Time of Delivery. Calculate production time by dividing the total number of buoys per type by the respective production rate and adding the results. Add the total production time to the start-up period or alternate period to determine the time of delivery in terms of calendar days after date of award of delivery order.

(b) The following scenarios are provided for illustrational purposes:

(1) There are no active delivery orders in effect.

Proposed buoy order: 900 4NR 500 6NR 250 6NT

900 4CR 500 6CR 250 6CT

Date of Delivery Order: January 1, 2012

River Buoy Order:

1800 4th class buoys divided by 30 per day = 60 calendar days 1000 6th class buoys divided by 50 per day = 20 calendar days 500 6th class buoys divided by 50 per day = +10 calendar days Production time = 90 calendar days Start-up period = +60 calendar days

Time of delivery = 150 calendar days after date of delivery order

The time of delivery specified in the order would be 150 calendar days after January 1, 2012, or May 30, 2012

(2) There is an active delivery order in effect with a delivery date of May 30, 2012.

Date of Delivery Order: March 1,2012

River Buoy Order:

1200 4NR 1000 6NR

1200 4CR 1000 6NR

2400 4th class buoys divided by 30 per day = 80 calendar days 2000 6th class buoys divided by 50 per day = +40 calendar days Production time = 120 calendar days Alternate period =+90 calendar days

Time of delivery = 210 calendar days after date of delivery order

The time of delivery specified in the order would be 210 calendar days after March 1, 2012 or September 27, 2012.

(3) There is an active delivery order in effect with a delivery date of September 27, 2012.

Date of Delivery Order: September 15, 2012

River Buoy Order:

750 4NR 150 6NT

750 4CR 150 6CT

1500 4th class buoys divided by 30 per day = 50 calendar days 300 6th class buoys divided by 50 per day = + 6 calendar days Production time = 56 calendar days Start-up Period = +60 calendar days

Time of delivery = 116 calendar days after date of delivery order

The time of delivery specified in the order would be 116 calendar days after September 15, 2012 or January 9, 2013.

(c) If the maximum order limitation set forth in FAR clause 52.216-19, Order Limitations (October 1995), is anticipated to be exceeded, then the time of delivery as calculated in this clause may be extended by mutual agreement prior to issuing an order. The order shall reflect the mutually agreed upon delivery schedule.

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.

F.9 PERIOD OF PERFORMANCE

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

Base Period: 01 June 2012 thru 31 May 2013 (or date of award) Option Period I: 01 June 2013 thru 31 May 2014 Option Period II: 01 June 2014 thru 31 May 2015 Option Period III: 01 June 2015 thru 31 May 2016 Option Period IV: 01 June 2016 thru 31 May 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 river 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 J09-1510 M/F: Contract No.: HSCG84-12-D-BHQ003

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

Coast Guard Island, Bldg 54-C Alameda, CA 94501-5100 M/F: Contract No.: HSCG84-12-D-BHQ003

OR

E-mail Emely.Hagins@uscg.mil

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 52.247-35 FOB Destination, within Consignee's Premises APR 1984

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, Coast Guard Island, Bldg. 54-C, Alameda, CA 94501-5100 will 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: Janet M. Kodmon Telephone Number: 757-628-4115 E-Mail: Janet.M.Kodmon@uscg.mil

Alternate Contracting Officer: Wendy J. Culbreth Telephone Number: 757-628-4824 E-Mail: Wendy.J.Culbreth@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: Emely Hagins Telephone Number: 510-437-3057 E-Mail: Emely.Hagins@uscg.mil Fax#: 510-427-3057

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.

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) The Contractor shall submit an original invoice and all supporting documentation on a monthly basis for services rendered to the following designated billing office address or e-mail addresses (not both):

• USCG, Shore Infrastructure Logistics Center (SILC), PCB-4 Attn: Judy Winkler

300East Main Street Ste 965 Norfolk VA 23510-9112 E-mail Judy.L.Winkler@uscg.mil

(c) One copy of the original invoice shall be submitted to the COR at the address cited in the COR appointment letter or in any subsequent letter from the contracting officer that cites a different address. Any ambiguity concerning the COR’s address shall be referred to the contracting officer for resolution.

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.

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. 11, 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 0001A – 0001F Performance Period One: CLIN 1001A – 1001F Performance Period Two: CLIN 2001A – 2001F Performance Period Three: CLIN 3001A – 3001F Performance Period Four: CLIN 4001A – 4001F

(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) Percent changes in Producer Price Indexes shall be calculated on data with the base 1998 = 100 unless the Bureau of the Labor Statistics publishes data on a new base from that time forward.

(g) 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.

(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) If the BLS Index specified in paragraph (b), 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.

(j) 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.

(k) 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.

(l) 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 (k) 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

(m) 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 (l) above and rounding the result to the nearest cent.

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

(n) 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 =

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**

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

g. Option Period Four, CLIN 4001 unit price =

$5,515.99 + $210.62 = $5,726.61

Table 2 Sample EPA Calculations

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

(p) The Contracting Officer may…