Solicitation_BHQ059_Uniform_Contract__FINAL.pdf

NOTICE TO OFFEROR

SOLICITATION NUMBER: HSCG84-14-R-BHQ059

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 326199 and the size standard is 750 employees.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation, including any attachments, to ensure completion of all required representations, certifications and submissions. Acknowledge all Solicitation Amendments (SF-30) issued by the Government.

2. You must submit ALL of the documents and information listed below by the date and time specified on the SF-33/Block 9.

(a) Complete Items 12 – 18 on the Standard Form (SF) 33 (page 1). An official having the authority to bind the company contractually must sign the SF33.

(b) Complete the Excel.doc “Price Schedule”, include all pricing information. Provide the “Unit

Price” for each item. Although formulas to calculate the “Amounts” and the “Grand Total” are in the Excel spreadsheet, please double check that the calculates are correct on the Excel.doc.

(c) Submit a completed copy of Section K of this solicitation.

(d) Submit Section L required documents (Volumes I, II, III).

(e) If applicable, acknowledge all amendments to this solicitation. Amendments must be acknowledged by signature of an official having the authority to bind the company contractually by the completion of the Standard Form 30 or appropriate annotation on the SF33.

3. Send your offer with all required documentation and information to the following mailing address or e-mail address:

Mailing Address E-Mail Address

U.S. Department of Homeland Security Jing.Liu@uscg.mil

United States Coast Guard

SILC-COCO-BSS-COB4

Attn: Jing Liu

US Coast Guard Island, Bldg. 54C

Alameda, CA 94501

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 reasons of unusual and compelling urgency 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 OPAP@uscg.mil or by hand delivery to the Contracting

Officer.

The Ombudsman Hotline telephone number is (202) 372-3695.

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

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

UNDER DPAS (15 CFR 700)

RATING

PAGE OF PAGES

1 | 51

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

HSCG84-14-R-BHQ059

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

NEGOTIATED (RFP)

5. DATE ISSUED

06/16/2014

6. REQUISITION/PURCHASE NUMBER

7. ISSUED BY CODE 84 8. ADDRESS OFFER TO (If other than Item 7)

U.S. Coast Guard

SILC-COCO-BSS-COB4

US Coast Guard Island, Bldg. 54C

Alameda, CA 94501

Item 7 Mailing Address or

E-mail – Jing.Liu@uscg.mil

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

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in Block 7 above Attn: Jing Liu until 02:00PM Pacific Standard Time local time July 16, 2014 .

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

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

INFORMATION

CALL:

Jing Liu AREA CODE

(510)

NUMBER

437-3731

EXT.

Jing.Liu@uscg.mil

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 25-33

X B SUPPLIES OR SERVICES AND PRICE/COST 2-3 PART III - LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 4-5 X J LIST OF ATTACHMENTS 34

X D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 7-8 X K REPRESENTATIONS, CERTIFICATIONS 35-39

X F DELIVERIES OR PERFORMANCE 9-12 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 13-16 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 40-47

X H SPECIAL CONTRACT REQUIREMENTS 17-24 X M EVALUATION FACTORS FOR AWARD 48-51

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted 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 designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

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

30 CALENDAR DAYS (%)

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. NAME CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN

OFFER AND (Type or print)

ADDRESS

OF

OFFEROR

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

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN

SCHEDULE.

AWARD (To be completed by government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

10 U.S.C. 2304(c)(2) 41 U.S.C. 253(c)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

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

Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c) mailto:Jing.Liu@uscg.mil mailto:Jing.Liu@uscg.mil

CONTINUATION SHEET FOR:

STANDARD FORM 33

REFERENCE NO. OF DOCUMENT BEING CONTINUED

SOLICITATION: HSCG84-14-R-BHQ059

PAGE

SECTION B - Supplies or Services and Prices/Costs

B.1 TYPE OF CONTRACT

This is an Indefinite-Delivery Requirements Contract, (base with four one-year option periods) with Firm Fixed

Unit Prices with annual adjustments made for economic price adjustments for plastic 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 fifth class foam filled unlighted plastic buoys and associated transportation costs. The fixed price(s) shall include all direct and indirect labor, overhead, general, and administrative expenses, and profit. The transportation charges are separately priced CLINS. 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. Orders will be placed in “sets”. A set is defined as 10 or 50 buoys of the same type and color. The period of performance for the contract shall begin on 1 October 2014 or date of award (whichever is later) and shall continue until 30 September 2019 if all options are exercised.

Transportation prices for each buoy type per delivery destination shall be calculated on a PER LOT basis where one lot equals ten (10) or fifty (50) buoys. The “lot” as defined herein is distinct from the “set” described above.

For example, a lot of 50 buoys could include 5 sets of 10 (e.g., one set of green 5 CPRs and four sets of red 5

NPRs). Shipping should be FOB Destination. The shipping destinations are listed in Attachment 6 of the solicitation.

B.2 SUPPLIES OR SERVICES

This contract is for the manufacturing and delivery of fifth class foam-filled, unlighted plastic buoys in accordance with the U.S. Coast Guard Ocean Engineering Specifications No. 491B and related drawings. The

Specification and drawings are provided as attachments to the solicitation and subsequent contract. The

Government will not be providing the mold for this procurement.

These buoys will be used as aids to navigation in the navigable waters of the United States. The buoy shell shall be manufactured from medium density polyethylene using the rotational molding process. All

Polyethylene used shall be composed of 100% virgin material meeting the requirements of ASTM D4976, Group 2, Class 2, Grade 3. Color Pigments shall be added to the medium density polyethylene plastic. The color shall be uniform throughout the thickness of the plastic and it shall conform to the Federal Color Numbers contained in FED-STD-595B: 11350 (red), 14193 (green), and 27875 (white). The interior of the buoys shall contain polyurethane foam, a radar reflector and a counterweight of steel shot which shall conform to the size standards of SAE J-444. First article testing and approval will be required. The contactor shall provide all necessary management and administration, personnel, equipment, materials, supplies, and transportation to supply the items listed in the Statement of Work.

B.3 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. See Price Schedule for the required first article items and documentation. 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.4 TOTAL ESTIMATED QUANTITIES

The estimated total quantities are defined in the price schedule in B.5. 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 price schedule. Actual quantities of Plastic Buoys ordered will vary from year-to-year based on the Coast Guard field units documented operational requirements.

B.5 PRICE SCHEDULE

The offeror shall complete the Price Schedule (Attachment 9) in the Excel document and submit with their completed offer.

Provide the “Unit Price” for each item. Although formulas to calculate the “Amounts” and the “Grand Total” are in the Excel spreadsheet, please double check that the calculates are correct.

B.6 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.7 PRICING OF DELIVERY ORDERS

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

SECTION C - Description/Specifications/Work Statement

C.1 SPECIFICATION

The contractor shall manufacture and deliver to the government rotational molded fifth class foam-filled, unlighted plastic buoys that meet the requirements in the specification and drawings referenced in Section J.

USCG Ocean Engineering Division, Specification for Construction of Rotational Molded Fifth Class

Foam-filled, Unlighted Plastic Buoys No. 491, Revision B, Dec 2007

USCG Civil Engineering Drawing Numbers 121172 (Revision h) / 5 CPR

USCG Civil Engineering Drawing Numbers 121173 (Revision g) / 5 NPR

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 Rotational Molded Fifth Class Foam-filled, Unlighted Plastic Buoys, Specification No. 491, Revision B).

C.3 MEETINGS

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

a. Post Award Conference. A Post Award Conference shall be held if deemed necessary by the

Government. If required, and at the request of the Contracting Officer, the conference shall be hosted by the contractor within fourteen (14) 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 Fifth Class

Foam-filled, Unlighted Plastic 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.

b. 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. 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 Fifth Class Foam-filled Unlighted Plastic Buoys. Upon completion of the First Article production run, the Contractor shall conduct first article test and inspections at the Contractor’s facility, and may 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. 491, Revision B.

C.5 WARRANTY PERFORMANCE.

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

FAR Clause 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 fifth class foam-filled, unlighted plastic 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 6.

C.7 MATERIAL INSPECTION AND RECEIVING REPORT

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

C.8 PRODUCT STANDARDIZATION AND UNIFORMITY

The contractor shall establish and maintain product standardization and uniformity for the configuration of all equipment to be furnished under this contract.

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 plastic buoys due to the hazards of shipping, handling and storage. The contractor shall transport the plastic buoys to the destinations on a truck or trailer that will facilitate the unloading of the plastic buoys with a small crane or forklift.

D.2 MARKINGS OF WARRANTED ITEMS

The Contractor shall legibly mark all shipments under this contract with the contract number and delivery order numbers and complete address of the consignee. Contractor shall comply with all the buoy identification marking requirements of paragraphs 3.10 and all the shipping marking requirements of 5.2 of the Specification

491B, Attachment 1, Section J-List of Attachments.

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

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 ON DOCUMENTATION

The contractor shall include the contract number on the following documentation:

(1) Shipping documentation;

(2) Invoices; and

(3) Correspondence pertaining to the contract.

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 QUALITY ASSURANCE / 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. Further, Block 23 of the DD250 shall contain the following:

DELIVERY DESTINATION: INSPECT ALL ITEMS FOR CORRECT QUANTITY AND SHIPPING

DAMAGE. INDICATE ANY DISCREPANCIES BELOW, SIGN BLOCK 22 AND RETURN ONE COPY TO

BLOCK 10 AND ONE TO COMMANDANT (CG-9121).

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”. At each delivery destination, Coast Guard receiving personnel will inspect the shipment for correct quantity (and damage, if any), and annotate and sign the DD250s in Block 22 “Receiver’s Use” only. Coast Guard receiving personnel will then fax/email the DD250 to the COR for acceptance. The COR will use the DD250 as evidence of receipt and inspection. The COR will review and sign the DD250 as evidence of receipt and inspection. The COR will review and sign the DD250 in Block 21

“Procurement Quality of Assurance” signifying Acceptance for the deliverables. The signed DD250 will then be used by the Contracting Officer/Specialist as evidence of Acceptance, and support for each monthly invoice.

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): www.acquisition.gov/far

52.246-2 Inspection of Supplies - Fixed-Price AUG 1996

52.246-15 Certificate of Conformance APR 1984

52.246-16 Responsibility for Supplies APR 1984 http://www.acquisition.gov/far

SECTION F – Deliveries or 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

SILC-COCO-BSS-COB4

Attn: Jing Liu

US Coast Guard Island, Bldg. 54C

Alameda, CA 94501-5100

M/F: Contract No. HSCG84-14-D-BHQ059

F.2 DOMESTIC PLACES OF DELIVERY

Domestic destinations are within the Continental United States. Items X0014A – X0014M and X0015A –

X0015M in Section B – Supplies or Services/Price, and are identified in Attachment 6, Plastic Buoy Shipping

Destinations. 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.3 LOT SIZE

Items X0014A – X0014M and X0015A – X0015M designate “Domestic” destinations within the continental

United States and one lot equals ten (10) or one lot equals fifty (50) buoys. For example, a lot of 50 buoys could include 5 sets of 10 (e.g., one set of green 5 CPRs and four sets of red 5 NPRs).

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, local time of the destination. No deliveries shall be scheduled or made on Federally Observed Holidays. The contractor shall schedule deliveries by contacting the Coast Guard destination specified in each 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 AND QUALITY ASSURANCE PLAN SCHEDULE

In accordance with Section B of the solicitation, the Government requires the following first article items to be delivered/tested as indicated below:

Note: Accelerated Weathering Test shall be started within 30 days after contract award.

CLIN SUPPLIES QTY/UNIT TIME OF DELIVERY

00001 5CPR Green First Article 3 Each Within 120 days after award

00002 5CPR White First Article 1 Each Within 120 days after award

00003 5NPR Red First Article 4 Each Within 120 days after award

00004 Quality Assurance Plan 1 Each Within 45 days after award

00005 Test Plan and Procedures 1 Each Within 45 days after award

00006 First Article Test Report 1 Each Within 14 days after completion of First Article Test and Inspection.

00007 Accelerated Weathering 1 Each Within 14 days after completion

Test Report of accelerated weather test.

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, 2015) 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:

5NPR 5CPR

10 per day 10 per day

(2) Start-Up Period

(A) If an active order is not in effect on the day an order will be issued, a start-up period of 30 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 30 or less calendars days remain until the time of delivery under the previous order, then a start-up period of 30 calendar days shall be allotted.

(C) If an active order is in effect on the day an order will be issued and more than 30 calendar days remain until the time of delivery under the previous order, then the startup period should be equal to the number of days between the proposed order date and delivery date of the most recent issued delivery order.

(3) Time of Delivery. The time of delivery for each buoy order will be determined as follows: Calculate production time by dividing the total number of buoy types ordered (regardless of color) by the production rate (10 per day). The time of delivery will be the sum of the startup period and production time.

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

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

Proposed buoy order: 200 green 5 CPR

50 White CPR

100 red 5NPR

Proposed order date: January 1, 2015

250 5CPR buoys divided by 10 per day=25 calendar days

100 5NPR buoys divided by 10 per day=10 calendar days

Production Time=35 calendar days

Start-up Period=30 calendar days

The time of delivery specified in the order would be 65 calendar days after January 1, 2015.

(2) There is an active delivery order in effect with a delivery date of February 14, 2015.

Proposed buoy order: 10 green 5CPR

20 red 5NPR

Proposed order date: January 1, 2015

10 5CPR buoys divided by 10 per day=1 calendar day

20 5NPR buoys divided by 10 per day=2 calendar days

Production Time=3 calendar days

Startup Period=44 calendar days

Time of delivery=47 calendar days

The time of delivery specified in the order would be 47 calendar days after January 1, 2015.

(3) There is an active delivery order in effect with a delivery date of March 5, 2015.

Proposed buoy order: 20 green 5CPR

10 red 5NPR

Proposed order date: March 1, 2015

20 5CPR buoys divided by 10 per day=2 calendar days

10 5NPR buoys divided by 10 per day=1 calendar day

Production Time=3 calendar days

Startup Period=30 calendar days

Time of delivery=33 calendar days

The time of delivery specified in the order would be 33 calendar days after March 1, 2015.

(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. The transportation charges shall be billed separately from the supply charges.

F.9 PERIOD OF PERFORMANCE

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

Base Period: 01 October 2014 thru 30 September 2015 (or date of award)

Option Period I: 01 October 2015 thru 30 September 2016

Option Period II: 01 October 2016 thru 30 September 2017

Option Period III: 01 October 2017 thru 30 September 2018

Option Period IV: 01 October 2018 thru 30 September 2019

F.10 PLACE OF DELIVERY-DESTINATION

Items shall be delivered to the address(es) listed in Attachment 6-Shipping Destinations, as indicated in the individual delivery orders.

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 http://www.arnet.gov/far/ http://www.dhs.gov/xopnbiz/regulations/

SECTION G - Contract Administration Data

G.1 CONTRACT ADMINISTRATION/MANAGEMENT

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the

Contractor. The individuals listed below will be the Government points of contact during the performance period.

The U.S. Department of Homeland Security, U.S. Coast Guard, SILC-COCO-BSS-COB4, Coast Guard Island, Bldg. 54-C, Alameda, CA 94501-5100 will perform all contract administration.

Communications pertaining to contractual administrative matters shall be addressed to one of the Contracting

Officers (KO) listed below. Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG SILC-

COCO-BSS Contracting Officer.

Primary Contracting Officer: Wendy J. Culbreth Telephone #: (757) 628-4824

E-Mail: Wendy.J.Culbreth@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer: Dawn J. Dabney Telephone #: (757) 628-4261

E-Mail: Dawn.J.Dabney@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer: Janet M. Kodmon Telephone #: (757) 628-4115

E-Mail: Janet.M.Kodmon@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer(s): Any warranted USCG SILC-COCO-BSS Contracting Officer

Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the

Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government.

Contract Specialist: Jing Liu Telephone #: (510) 437-3731

E-Mail: Jing.Liu@uscg.mil Fax #: (510) 437-3014

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within 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.

mailto:Wendy.J.Culbreth@uscg.mil mailto:Dawn.J.Dabney@uscg.mil mailto:Janet.M.Kodmon@uscg.mil

G.3 PAYMENT INFORMATION

Prior to award, the contractor shall be required to register in the System for Award Management (SAM) database in accordance with FAR Clause 52.232-33.

G.4 INVOICING AND PAYMENT INFORMATION FOR CONTRACTORS

The Data Universal Numbering System (DUNS) number is the primary identifier in the System for Award

Management (SAM). Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, contractors are required to ensure that the DUNS number is recorded on every invoice submitted to the US Coast Guard.

G.5 REQUEST FOR PAYMENT - FIXED-PRICE CONTRACTS 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) Electronic submission of invoices is mandatory for this contract and/or any orders issued 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.

(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: (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 and Portfolio PDFs are not compatible.

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 The attachment will be the official invoice

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.

(6) A copy of the invoice and any supporting documentation shall also be e-mailed to the following individual: Jing.Liu@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.

http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm

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) Clause – Plastic

(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 Items (CLINs) and their respective unit prices are subject to an EPA for that portion of the CLIN unit price as shown that is subject to the EPA for plastic. NOTE: Attachment 4 (EPA

Table for Plastic is provided for prospective offerors to complete. Prospective offerors shall specify the

CLINs unit prices (from Section B) and the portion of each CLIN unit price that is subject to the EPA for plastic in the columns designated on Attachment 4 (EPA Table for Plastic).

Base Period: CLINs 00008 – 00013 (EPA does not apply to the Base Period)

Option Period One: CLINs 10008 – 10013

Option Period Two: CLINs 20008 – 20013

Option Period Three: CLINs 30014 – 30015

Option Period Four: CLINs 40014 – 40015

(c) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer

Price Index for Plastic resins and materials, Series ID WPU066. 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 Period and at the end of each subsequent Option Period, the Index will be monitored to see if any adjustment is required. The Government reserves the right to calculate an adjustment if the Index decreases by 3% or more for the affected performance period. No upward adjustment, for the next affected performance period, shall be made to the unit prices until requested in writing (with a detailed cost breakdown) by the Contractor; the written request (with detailed cost breakdown) from the Contractor shall be received no later than 30 days prior to expiration of current contract performance period. No requests for adjustment shall be accepted if received less than 30 days prior to expiration of current contract performance period. The aggregate of the increases in any CLIN unit price made under this clause shall not exceed sixty (60) percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(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 average index for April, May, and June 2014 and the average index for January, February, and March 2015.

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

(f) Percent changes in Producer Price Indexes shall be calculated on data with the base 1982 = 100 unless the

Bureau of the Labor Statistics publishes data on a new base from that time forward.

(g) If at the time required for submission of an EPA request, the Index reflects any of the months required to be used for the adjustment as Preliminary (P) data, the Preliminary (P) data will be used and will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required

(using those months) under the contract. If Preliminary or Final March data is not available at the time required for submission of an EPA request, the three months with the most recently published (Preliminary or

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

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

(i) If the BLS Producer Price Index specified in paragraph (c), above, is discontinued, the contracting parties shall agree on a new index by March; 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/plastic 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 below show some hypothetical data and calculations which might be made to determine the annual adjusted selling unit price for materials/plastic related stuffs.

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

Option Period One (EPA 1 Adjustment.)

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

(2) Calculate average index for January, February, and March 2015 rounded up to four decimal places.

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

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

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

(1) For Base Period: No adjustment

(2) For Option Period One (EPA 1 Adjustment):

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

(ii) Average Index for January, February, and March 2015

(3) For Option Period Two (EPA 2 Adjustment):

(i) Average Index for January, February, and March 2015

(ii) Average Index for January, February, and March 2016

(4) For Option Period Three (EPA 3 Adjustment):

(i) Average Index for January, February, and March 2016

(ii) Average Index for January, February, and March 2017

(5) For Option Period Four (EPA 4 Adjustment):

(i) Average Index for January, February, and March 2017

(ii) Average Index for January, February, and March 2018

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

(1) Calculate the price adjustment for each affected CLIN unit price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index from paragraph (k)(3) 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 unit 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) EPA 1 Adjustment (Option Period One sample calculation):

(i) Option Period One, CLIN 10008 Awarded Unit Price = $5,000.00

(ii) Portion of CLIN 10008 Unit Price subject to EPA = $3,500.00 (amount entered by prospective offerors on Attachment # 4 for each CLIN subject to EPA for plastic; see paragraph (b))

Portion of CLIN 10008 not subject to EPA = $1,500.00

(iii) Average Index for April, May, and June 2014 = 202.1000

(iv) Average Index for January, February, and March 2015 = 223.2333

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

(vi) Amount of CLIN 10008 adjustment = $3,500 X .104569= $365.99 (Rounded to the nearest cent)

(vii) Option Period One, Adjusted CLIN 10008 Unit Price = $5,000.00 + $365.99= $5,365.99

(viii) Adjusted subsequent performance period unit price:

Option Period Two, Adjusted CLIN 20008 Unit Price = $5,050+$365.99 =$5,415.99

(3)…