Solicitation-HSCG84-16-Q-BB8095.pdf

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NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-16-Q-BB8095

The U.S. Department of Homeland Security (DHS), U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the supplies outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR

Subpart 13.5 Simplified Procedures for Certain Commercial Items.

This solicitation is a Total Small Business Set-Aside. The NAICS code is 327331 and the size standard is 500.

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. Your offer shall include ALL of the documents and information listed on pages 55-57 (FAR Provision 52.212-1, (b)

Submission of Offers) and your offer shall be received by our office at or before the exact date and time specified on page 1 of the SF-1449, Block 8 to be eligible for award.

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

U.S. Department of Homeland Security

Unite States Coast Guard

SILC-COCO-BSS-COB4

Attn: Lucinda P. Williams, Contractor

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

4. DO NOT submit removable memory/storage devices or media, such as, flash drives, thumb drives, memory sticks, hard drives, CD, DVD, or any other similar devices. USCG policy prohibits the use of removable memory/storage devices or media on USCG workstations and the USCG network.

5. This solicitation does not obligate the Government to compensate for any costs incurred by the Offeror in the preparation and/or submission of any offer, nor does it obligate the Government to procure for said services or supplies.

6. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation.

All questions/concerns regarding this solicitation shall be submitted in writing (NO phone calls) to the Point of Contact at lucinda.p.williams@uscg.mil no later than 17 February, 2016 3:00 PM Eastern. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. All questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the FedBizOpps website for viewing by all potential offerors.

*Only send questions/concerns to the Contract Specialist listed above or, if not available, to the Primary Contracting

Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other

USCG or government personnel (e.g., COR, program/project manager, etc.).* mailto:lucinda.p.williams@uscg.mil

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.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the

U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the

Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing for urgent and compelling reasons or is determined in writing to be in the best interest of the Government.

The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the

OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer of by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests Coast Guard procurement to the Contracting

Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

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

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG84-16-Q-BB8095

6. SOLICITATION

ISSUE DATE

02/09/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Lucinda P. Williams, Contractor

b. TELEPHONE NUMBER (No collect calls)

(757) 628-4125

8. OFFER DUE DATE/

LOCAL TIME

03/01/2016

03:00 PM, Eastern

9. ISSUED BY CODE 84

U.S. Department of Homeland Security

U.S. Coast Guard

SILC-COCO-BSS-COB4

Attn: Lucinda P. Williams, Contractor

300 East Main Street, Suite 965 Norfolk, VA 23510-9112

Telephone: (757) 628-4125

Fax: (757) 628-4135

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

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS (WOSB) ELIGIBLE

BUSINESS UNDER THE WOMEN-OWNED

SERVICE-DISABLED SMALL BUSINESS PROGRAM

VETERAN-OWNED EDWOSB

SMALL BUSINESS 8(A)

NAICS: 327331

SIZE STANDARD: 500 Employees

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

Net 30

Other: ________________________

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

CONTINUED ON PAGES 2

16. ADMINISTERED BY CODE 84

U.S. Coast Guard (USCG)

SILC-COCO-BSS-COB4

CONTINUED ON PAGES 2

17a. CONTRACTOR/ OFFEROR (NAME / ADDRESS)

DUNS:

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE 51800

U.S. Coast Guard Finance Center Chesapeake, VA

CONTINUED ON PAGE 4

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

*Payments will be made by Electronic Funds Transfer (EFT)*

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

BELOW IS CHECKED

SEE ADDENDUM: CONTINUED ON PAGES 4-5

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The United States Coast Guard (USCG) has a requirement to have 1,000 lb, 1,500 lb and

2,000 lb concrete sinkers fabricated and delivered to various USCG duty stations located throughout the Mississippi and Ohio

Valley of the United States (in accordance with the attached Statement of Work).

CONTINUED ON PAGES 6-24

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (1) COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE __________________OFFER DATED

_______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

CONTINUATION SHEET FOR:

STANDARD FORM 1449

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Block 15: Deliver To

Deliver To: Various USCG duty locations on the Western Rivers of the United States. See

Attachment 2 for shipping address.

Continuation of SF-1449 Block 16: Administered By (Contract 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.

Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, SILC-COCO-BSS-COB4, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112 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-COB4 Contracting Officer.

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

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

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

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

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

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

Delivery Orders up to $500K:

Contracting Officer: Christina Grimstead Telephone#: (757) 628-4116

E-Mail: christina.m.grimstead@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer(s): Any warranted USCG SILC-COCO-BSS-COB4 Contracting

Officer mailto:Wendy.J.Culbreth@uscg.mil mailto:Dawn.J.Dabney@uscg.mil mailto:Janet.M.Kodmon@uscg.mil mailto:christina.m.grimstead@uscg.mil

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Point of Contact: 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 or to modify any terms and conditions of a contract.

Point of Contact: Lucinda P. Williams, Contractor Telephone #: (757) 628-4125

E-Mail: lucinda.p.williams@uscg.mil Fax #: (757) 628-4135

Non-Disclosure Statement /Confidentiality Statement/Certification of Non-Conflict of

Interest Statement:

Lucinda P. Williams, a Government Contractor, employed by Business Strategy Consultants will provide primary Contract Specialist services for this procurement. Although Ms. Williams is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Ms. Victoria Worrell and Ms. Leslie Filipiak, employees of MAIC, Inc., a subcontractor to Business Strategy Consultants. Non-disclosure agreements between Ms.

Williams, Ms. Worrell, Ms. Filipiak, MAIC, Inc., and Business Strategy Consultants are required in accordance with the Trade Secrets Act as implemented by FAR 9.505-4.

It is the obligation of offerors/awardees with concerns of non-disclosure, confidentiality, or conflicts of interest on the part of Business Strategy Consultants, MAIC, Inc., Ms. Williams, Ms.

Worrell, or Ms. Filipiak to contact Business Strategy Consultants at the below address, telephone number, or e-mail address to enter into a Non-Disclosure Statement/Confidentiality statement/Certification of Non-Conflict of Interest Statement.

Business Strategy Consultants

9701 Apollo Drive, Suite 445

Largo, MD 20774

POC: Mr. Alex Peacock

Telephone Number: (301) 773-5601 apeacock@bsc-world.com

The Contracting Officer’s Representative (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 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.

Continuation of SF-1449 Block 17b: Remittance Address

Payment will be made by Electronic Funds Transfer (EFT) to the financial institution listed in the System for Award Management (SAM).

mailto:lucinda.p.williams@uscg.mil mailto:apeacock@bsc-world.com

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Blocks 18a and 18b: Invoice Procedures

Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

1. The Contractor shall submit all invoices for supplies or services via the U.S. Coast Guard

Finance Center (FINCEN) website at www.fincen.uscg.mil

(a) Select “Submitting Invoices” under “Vendors” on the right hand side of the screen.

(b) Select “Coast Guard Vendors”

(c) Select “Coast Guard Award Invoices or Contract/Order Invoice” (‘24’ document)

(d) Select “Online: Coast Guard Award Invoices or Contract/Order Invoices “

(e) Go to Step 3 (if contractor has already created a PDF invoice) to complete the “Contractor

Invoice Submission Form”.

2. The electronic submission requires the contractor to:

(a) Complete the Contractor Invoice Submission Form

(b) Select the correct Invoice Routing Code, which is SILC PCB-4 (the Contractor must select the correct Invoice Routing Code for timely invoice processing.)

(c) Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.)

(d) If your single PDF file is larger than 3 MB:

Complete the Contractor Invoice Submission Form via the website and attach the invoice document only, then

E-mail the invoice and any supporting documentation to:

christina.m.grimstead@uscg.mil

3. The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g)

Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

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

http://www.fincen.uscg.mil/ mailto:christina.m.grimstead@uscg.mil

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

5. Invoices may by submit after supplies are received, inspected, and accepted by the

Government.

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

Contract Type/Ordering.

The contract type is an Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract (s) with Fixed

Unit Prices* with economic price adjustment. Delivery Orders will be issued in accordance with the contract when supplies are required. Delivery Orders will be issued on an Optional Form

347 (OF-347), “Order for Supplies or Services” (or other equivalent form). Individual Delivery

Orders will specify the quantity ordered and the required delivery date(s) and locations.

Delivery Orders may be issued orally, by facsimile, by electronic commerce (e.g., e-mail), or by mail. The Contractor is not authorized to provide supplies prior to the issuance of a

Delivery Order.

*Fixed Unit Prices with an EPA shall include all costs to provide the supplies, which includes, but is not limited to, all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(k), Taxes and all FOB destination, delivery and shipping charges. Note: FAR Clause 52.212-4(aj), Economic Price Adjustment (EPA) –

Steel, is only applicable to the cost of steel. FAR Clause 52.212-4 (ak) is only applicable to

Number 2 Diesel Fuel.

Estimated Quantities

The quantities of supplies specified in the “Schedule of Supplies/Services” are estimates only and are not purchased by this contract. The quantities needed may go up or down depending on the needs of the U.S. Coast Guard.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Contract Performance Periods

Base Period: 16 May 2016 (or date award) – 15 May 2017

Option Period One: 16 May 2017 – 15 May 2018 (If exercised by the Government)

Option Period Two: 16 May 2018 – 15 May 2019 (If exercised by the Government)

Option Period Three: 16 May 2019 – 15 May 2020 (If exercised by the Government)

Option Period Four: 16 May 2020 – 15 May 2021 (If exercised by the Government)

The Contract shall furnish all labor, material and equipment to fabricate and deliver 1,000 lb

1,500 lb, and 2,000 lb Type II concrete sinkers in accordance with USCG Drawings No. 6292-D

(Attachment 1) and Delivery Locations (Attachment 2).

The contract performance period shall not exceed five years if all option periods are unilaterally exercised by the Government in accordance with FAR Clause 52.217-9.

Abbreviations The following abbreviation(s) are used in the “Schedule of Supplies/Services and Unit Prices.”

CLIN: Contract Line Item Number

EA: Each

NTE: Not to Exceed

Fixed Prices shall include all costs to provide the service/supplies, which include all applicable

Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(k).

SCHEDULE OF SUPPLIES/SERVICES AND UNIT PRICES

General Information.

1. All prices submitted in response to this solicitation shall be in whole dollar amounts and based on fixed prices that include transportation, labor and material. The schedule of

Supplies/Services and Unit Price is divided into three Contract Line Items (CLINS) based on the following geographical locations:

CLIN 00001 (AA-AG) thru 40001 (AA-AG), Upper Mississippi Valley;

CLIN 00002 (AA-AJ-) thru 40002 (AA-AJ), Lower Mississippi Valley; and

CLIN 00003 (AA- AF) thru 40003 (AA- AF), Ohio Valley.

2. This solicitation may result in up to three contracts (one for each geographical location;

Upper Mississippi Valley, Lower Mississippi Valley and Ohio Valley). Offeror (s) have the option to propose on only one location, on any two locations or on all three locations. Contracts shall be awarded to the lowest price technical acceptable offeror (for each geographical location) whose offer meets or exceeds all of the terms and conditions of this solicitation.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 00001—UPPER MISSISSIPPI VALLEY (BASE PERIOD)

Base Period: 16 May 2016 (or date of contract award) – 15 May 2017

CLIN 00001: Upper Mississippi Valley

CLIN

Location

Weight

(LBS)

Estimated

Quantity

Unit

Unit Price

Amount

00001

Fabricate and deliver 1,000 lb and 1,500 lb Type II concrete sinker in accordance with Sinker

Specification on Pages 22-24 and USCG DGW 6292-D (Attachment 1).

00001AA

USCGC GASCONADE

Omaha, NE 1,000 200 EA

00001AB

USCG SANGAMON

Peoria, IL

1,000 700 EA

00001AC

USCGC LEAVENWORTH

Leavenworth, KS

1,000 500 EA

00001AD

USCGC SCIOTO

Keokuk, IA

1,500 500 EA

00001AE

USCGC CHEYENNE

St. Louis, MO

00001AF

USCGC WYACONDA

Dubuque, IA 1,500 500 EA

00001AG

USCGC SANGAMON

Peoria, IL 1,500 100 EA

Subtotal CLIN 00001 3,000

Estimated Base Year Total $

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 00002—LOWER MISSISSIPPI VALLEY (BASED PERIOD)

CLIN 00002: Lower Mississippi Valley

00002

Fabricate and deliver 1,000 lb, 1,500 lb and 2,000lb Type II concrete sinker in accordance with

Sinker Specification on Pages 22-24 and USCG DGW 6292-D (Attachment 1).

00002AA

ANT COLFAX

Colfax, LA 1,000 500 EA

00002AB

ANT Eufaula

Eufaula, AL

1,000 50 EA

00002AC

USCGC WEDGE

Demopolis, AL

1,000 800 EA

00002AD

USCGC GREENBRIER

Natchez, MS

1,500 1000 EA

00002AE

USCGC KANAWHA

Pine Bluff, AR

1,500 800 EA

00002AF

USCGC KANKAKEE

Memphis, TN 1,500 800 EA

00002AG

USCGC KICKAPOO

Vicksburg, MS 1,500 800 EA

00002AH

USCGC PATOKA

Greenville, MS 1,500 500 EA

00002AI

USCGC MUSKINGUM

Sallisaw, OK 2,000 300 EA

00002AJ

Pine Bluff, AR 2,000 200 EA

Subtotal CLIN 00002 5750

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 00003 — OHIO VALLEY (BASED PERIOD)

CLIN 00003: Ohio Valley

00003

00003AA

USCGC OUACHITA

Chattanooga, TN 1,000 200 EA

00003AB

USCG CHENA

Hickman, KY 1,500 500 EA

00003AC

USCGC

CHIPPEWA/CIMARRON

Buchanan, TN

00003AD

USCGC OSAGE

Sewickley, PA

1,500 200 EA

00003AE

Chattanooga, TN

1,500 300 EA

00003AF

USCGC OBION

Owensboro, KY

Subtotal CLIN 00003 2700

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 10001—UPPER MISSISSIPPI VALLEY (OPTION PERIOD ONE)

Option Period One: 16 May 2017 Thru 15 May 2018

CLIN 10001: Upper Mississippi Valley

10001

1001AA

10001AB

10001AC

10001AD

10001AE

10001AF

10001AG

Subtotal CLIN 10001 3,000

Estimated Option Year One Total $

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 10002—LOWER MISSISSIPPI VALLEY (OPTION PERIOD ONE)

Option Period One : 16 May 2017– 15 May 2018

CLIN 10002: Lower Mississippi Valley

10002

Fabricate and deliver 1,000 lb, 1,500 lb and 2,000lb Type II concrete sinker in accordance with Sinker

10002AA

10002AB

10002AC

10002AD

10002AE

10002AF

10002AG

10002AH

10002AI

10002AJ

Subtotal CLIN 10002 5750

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 10003 — OHIO VALLEY (OPTION PERIOD ONE)

Option Period One: 16 May 2017 – 15 May 2018

CLIN 10003: Ohio Valley

10003

10003AA

10003AB

10003AC

USCGC CHIPPEWA/CIMARRON

10003AD

10003AE

10003AF

USCGC OBION

Subtotal CLIN 10003 2700

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 20001—UPPER MISSISSIPPI VALLEY (OPTION PERIOD TWO)

Option Period Two: 16 May 2018 Thru 15 May 2019

CLIN 20001: Upper Mississippi Valley

20001

20001AA

Omaha, NE

1,000 200 EA

20001AB

20001AC

20001AD

20001AE

20001AF

USCGC WYACONDA

Dubuque, IA

20001AG

USCGC SANGAMON

1,500 100 EA

Subtotal CLIN 20001 3,000

Estimated Option Year Two Total $

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 20002—LOWER MISSISSIPPI VALLEY (OPTION PERIOD TWO)

Option Period Two: 16 May 2018– 15 May 2019

CLIN 20002: Lower Mississippi Valley

20002

Fabricate and deliver 1,000 lb, 1,500 lb and 2,000lb Type II concrete sinker in accordance with Sinker

20002AA

20002AB

20002AC

20002AD

20002AE

20002AF

20002AG

20002AH

20002AI

20002AJ

Subtotal CLIN 20002 5750

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 20003 — OHIO VALLEY (OPTION PERIOD TWO)

Option Period Two: 16 May 2018 – 15 May 2019

CLIN 20003: Ohio Valley

20003

20003AA

20003AB

20003AC

20003AD

20003AE

20003AF

USCGC OBION

Owensboro, KY 1,500 500 EA

Subtotal CLIN 20003 2700

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 30001—UPPER MISSISSIPPI VALLEY (OPTION PERIOD THREE)

Option Period Three: 16 May 2019 Thru 15 May 2020

CLIN 30001: Upper Mississippi Valley

30001

30001AA

30001AB

30001AC

30001AD

30001AE

30001AF

30001AG

Subtotal CLIN 30001 3,000

Estimated Option Year Three Total $

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 30002—LOWER MISSISSIPPI VALLEY (OPTION PERIOD THREE)

Option Period Three: 16 May 2019– 15 May 2020

CLIN 30002: Lower Mississippi Valley

30002

Fabricate and deliver 1,000 lb, 1,500 lb and 2,000lb Type II concrete sinker in accordance with Sinker

30002AA

30002AB

30002AC

30002AD

30002AE

30002AF

30002AG

30002AH

30002AI

30002AJ

Subtotal CLIN 30002 5750

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 30003 — OHIO VALLEY (OPTION PERIOD THREE)

Option Period Three: 16 May 2019 – 15 May 2020

CLIN 30003: Ohio Valley

30003

Fabricate and deliver 1,000 lb and 1,500 lb Type II concrete sinker in accordance with Sinker Specification on Pages 22-24 and USCG DGW 6292-D (Attachment 1).

30003AA

30003AB

30003AC

30003AD

30003AE

30003AF

USCGC OBION

Subtotal CLIN 30003 2700

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CLIN 40001—UPPER MISSISSIPPI VALLEY (OPTION PERIOD FOUR)

Option Period Four: 16 May 2020 Thru 15 May 2021

CLIN 40001: Upper Mississippi Valley

40001

40001AA

40001AB

40001AC

40001AD

40001AE

40001AF

40001AG

Subtotal CLIN 40001 3,000

Estimated Option Year Four Total $

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CLIN 40002—LOWER MISSISSIPPI VALLEY (OPTION PERIOD FOUR)

Option Period Four: 16 May 2020– 15 May 2021

CLIN 40002: Lower Mississippi Valley

40002

Fabricate and deliver 1,000 lb, 1,500 lb and 2,000lb Type II concrete sinker in accordance with Sinker

40002AA

40002AB

40002AC

40002AD

40002AE

40002AF

40002AG

40002AH

40002AI

40002AJ

Subtotal CLIN 40002 5750

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CLIN 40003 — OHIO VALLEY (OPTION PERIOD FOUR)

Option Period Four: 16 May 2020 – 15 May 2021

CLIN 40003: Ohio Valley

40003

40003AA

40003AB

40003AC

40003AD

40003AE

40003AF

USCGC OBION

Owensboro, KY 1,500 500 EA

Subtotal CLIN 40003 2700

Estimated Grand Total $

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Continuation of SF-1449 Blocks 26: Total Award Amount

Total Not-To-Exceed Contract Ceiling: $6,000,000.00

All delivery orders issued pursuant to this contract shall not exceed the Not-To-Exceed Contract

Ceiling. The contract will remain in place and delivery orders may be issued in accordance with the contract until the Not-To-Exceed Contract Ceiling has been used in its entirety or until the contract period of performance ends, whichever occurs first.

Total Minimum Guarantee: $50,000.00 Per Geographical Location

It is anticipated that the minimum guarantee will be satisfied by the issuance of the first delivery order at time of contract award and therefore the minimum guarantee would not be obligated on the contract.

If a delivery order is not issued at the time of contract award to cover the minimum guarantee, then the contract will obligate the minimum guarantee in the amount of $50,000.00, per each geographical location. However, the $50,000.00 will be de-obligated off of each contract, via a unilateral contract modification, when the total minimum guarantee is satisfied through the award of delivery orders. If the entire minimum guarantee amount is not satisfied through the award of delivery orders during the contract period of performance, then the remaining amount of the minimum guarantee shall be paid to the Contractor via a delivery order at the end of the contract period of performance. If no delivery orders are ever awarded during the contract period of performance then the total minimum guarantee amount shall be paid to the Contractor in full at the end of the contract period of performance.

Note: If the contract is terminated for cause, the minimum guarantee or the remainder of the minimum guarantee shall not be paid to the Contractor as stated above.

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STATEMENT OF WORK / SPECIFICATION

Statement of Work:

The Contractor shall furnish all labor, Materials, Transportation and equipment to fabricate and deliver 1000 lb, 1500 lb and 2,000 lb concrete sinkers to various United States Coast Guard

River Buoy Tenders located throughout the Upper Mississippi Valley, Lower Mississippi Valley, and Ohio Valley.

Specifications for 1,000 lb, 1,500 lb, and 2,000 lb Concrete Sinkers:

Scope: Furnish all labor, materials, transportation and equipment necessary to fabricate and deliver 1000 lb, 1,500 lb, and 2,000 lb concrete sinkers to various Unit States Coast Guard River

Buoy tenders.

References

American Society for Testing and Materials (ASTM):

A 36/A 36M Standard Specification for Carbon Structural Steel C 150-96

Specification for Portland Cement.

C 33-93 Specification for Concrete Aggregates

C 143-90a Test Method for Slump of Hydraulic Cement Concrete

C 39-96 Test Method for Compressive Strength of Cylindrical Concrete

Specimens

American Concrete Institute (ACI)

ACI 318 Building Code Requirements for Reinforced Concrete

Applicable Drawings:

USCG CEU DWG. 6292, Standard Sinker 8 th

District (OAN) Sheets 1 - 4

Requirements:

1. General

a. Releasing agents - The contractor shall use only environmentally safe releasing agents when pouring sinkers.

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2. Sinkers

Contractor shall furnish all labor, materials, transportation and equipment to fabricate and deliver

1000 lb, 1500 lb, and 2,000 concrete sinkers. Sinker dimensions shall conform to applicable drawings listed above. Cured sinkers shall be within -3% or +10% of the design weight. The contractor shall replace any sinker found to be out of tolerance weight at no additional cost to the

Government.

3. Concrete

A ready-mix concrete shall be used which meets the following requirements:

a) Mix - The mix shall be designed to provide a minimum compressive strength of 3000 psi at 28 days. Compressive tests shall be made at the discretion of the Contracting Officer.

Cured concrete shall weigh not less than 140 pounds per bulk cubic foot of sinker.

b) Materials - Portland cement shall be in accordance with ASTM C 15, Type I or II. Fine aggregate (sand) shall be in accordance with ASTM C 33. Coarse aggregate shall be

Class 4M, size No. 7 (graded from ½ inch to No. 4 sieves) or size No. 67 (graded from ¾ inch to No. 4 sieves) in accordance with ASTM C 33.

c) Slump - The slump of the concrete shall be at least 2 inches and will not exceed 5 inches as delivered. The slump test shall be in accordance with ASTM C 143. Samples for slump determination will be taken from concrete during placing in the forms. Slump test may be conducted at the Contracting Officer’s discretion.

d) Compressive Tests (as required) - Testing of specimens for compressive strength shall be in accordance with ASTM C 39. Tests will be made at 7 and 28 days from time of molding. Six specimens will be broken for each batch of concrete tested (3 at 7 days and

3 at 28 days), and their average strength represent the strength of the batch. Compressive test may be conducted at the Contracting Officer’s discretion.

e) Workmanship - All workmanship, placement and curing shall be in accordance with the applicable sections of ACI 318. Concrete shall be uniformly distributed within the forms by the use of vibrators or other means. Finished concrete shall be free of voids, planes or discontinuity, or areas of honeycomb.

f) Curing - All concrete sinkers shall be allowed to cure for a minimum of three days before they are moved or stacked.

4. Lifting Eyes

Contractor shall supply 1-inch diameter round stock steel, which shall be placed in the concrete and used to lift the sinker. The steel shall meet the requirements of ASTM A36/A 36M.

The lifting eyes and shall be shaped and positioned as shown on applicable drawings.

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5. DELIVERY

Delivery shall be made to the shipping addresses listed on Attachment 2, Shipping Addresses, between the hours of 8 A.M. and 1 P.M., Monday through Friday. No deliveries are to be made on Saturdays, Sundays, or Legal Federal Holidays. Multiple deliveries are acceptable. Concrete

Sinkers shall be delivered to the pier or other location as directed by receiving personnel. The

Government shall be responsible for off-loading concrete sinkers delivered during the times specified above. The Contractor shall contact the Officer-in-Charge of each unit at least 48 hours prior to delivery.

6. SINKERS POURED ON-SITE – The Contractor may not pour sinkers on-site.

7. DELIVERY SCHEDULE

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

REQUIRED DELIVERY SCHEDULE

ITEM

% COMPLETE WITHIN CALENDAR DAYS AFTER

THE DATE OF RECEIPT OF NOTICE

OF AWARD

All Orders 20% 30

All Orders 40% 60

All Orders 60% 90

All Orders 80% 120

All Orders 100% 150

NOTE: For All Delivery Orders - In the event that the total quantity of a delivery order is 200 concrete sinkers or less, 50% of the order shall be delivered within 30 days, and the remaining

50% of the order shall be delivered within 60 days.

8. PACKAGING AND MARKING— Shall be in accordance with FAR Clause 52.247-35 FOB

Destination, Within the Consignee’s Premises (Apr 1984). The Contractor shall deliver the

Concrete Sinkers in accordance with the contract requirements.

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CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572

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any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-

34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

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(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i) (6) (v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

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(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

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accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the

Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the

Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

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(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the…

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