SOLICITATION_HSCG84-17-R-BB5101.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-17-R-BB5101

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 in accordance with FAR Subpart 6.1, Full and Open Competition.

The NAICS code is 332111 (Iron and Steel Forging) 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 any Solicitation Amendments (SF-30) issued by the Government.

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

(a) Volume I – Technical Proposal (See Section L.1.2 for complete details)

(b) Volume II – Past Performance Information (See Section L.1.3 for complete details)

(c) Volume III – Price Proposal (See Section L.1.4 for complete details)

3. Submit your offer with all required documentation and information to the following address [electronic submission (e.g., facsimile, e-mail) is not authorized]:

U.S. Department of Homeland Security

United States Coast Guard

SILC-COCO-BSS-COB4

Attn: Leslie Filipiak

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

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

4. 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 and/or concerns regarding this solicitation shall be submitted in writing (no telephone calls) to the Contract Specialist at Leslie.K.Filipiak@uscg.mil no later than

January 6, 2017 3:00 PM Eastern. The Government may make a determination not to allow follow-up/additional questions 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.

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. Answers to questions will be available after the due date for questions/concerns has past.

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

Officer listed in Section G.2. DO NOT ask or submit questions/concerns regarding this RFP to any other USCG or government personnel (e.g., COR, program/project manager, requesting unit, etc.).* mailto:Leslie.K.Filipiak@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 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 shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer 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

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15CFR 350)

RATING PAGE OF

1 80 PAGES

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

HSCG84-17-R-BB5101 SEALED BID (IFB) NO.

NEGOTIATED (RFP)

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

USCG SILC (PCB4)

300 East Main Street, Suite 965

Norfolk, VA 23510

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: Leslie K. Filipiak until 3:00PM local time

1/16/2017 (Hour) (Date)

CAUTION LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

Leslie K. Filipiak

B. TELEPHONE (NO COLLECT CALLS)

(757) 628-4110 Ext.

C. E-MAIL ADDRESS

Leslie.K.Filipiak@uscg.mil

11. TABLE OF CONTENTS

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

PART I THE SCHEDULE PART II CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 48-58

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-23 PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 24-26 X J LIST OF ATTACHMENTS 59

X D PACKAGING AND MARKING 27 PART IV REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 28-29 X K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE 30-33 OTHER STATEMENTS OF OFFERORS 60-67

X G CONTACT ADMINISTRATION DATA 34-38 X L INSTRS. CONDS., AND NOTICES TO

OFFERORS

68-77

X H SPECIAL CONTRACT REQUIREMENTS 39-47 X M EVALUATION FACTORS FOR AWARD 78-80

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 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

(See Section I, Clause No. 52-232-8) % % % %

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

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME

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

AND

ADDRESS

OFFER (Type or print)

OF

OFFEROR ,

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

17. SIGNATURE 18. OFFER DATE

( ) Ext.

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 COMPETI-

TION:

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

23. SUBMIT INVOICES TO ADDRESS SHOW IN

(4 copies unless otherwise specified)

ITEM

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

USCG Finance Center

Chesapeake, VA

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

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 unusable Prescribed by GSA – Far (48CFR) 53.214 (c)

SOLICITATION, OFFER AND AWARD

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page

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NAME OF OFFEROR OR CONTRACTOR

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SUPPLY

The contractor shall provide all material, equipment, labor, supervision, tools, transportation, and other items or services (except as stated herein) necessary to manufacture and deliver open link, welded steel buoy chain and bridles. The Contractor shall perform in accordance with the awarded contract and comply with all applicable federal, state, local and municipal laws, regulations and requirements; all industry standards/references; and, all Government and Coast

Guard Regulations, attachments and exhibits listed herein applicable to the performance of the contract and to contractor personnel. The contractor shall instruct and guide its employees regarding any directives provided by the U.S. Coast Guard. The contractor shall provide the necessary program management oversight to assure that all delivery schedules are met and that subcontracted parts and services meet all requirements of the contract.

B.2 GENERAL INFORMATION

1. All proposals must be based on firm, fixed unit prices.

2. Schedule B is divided into two sections for various diameter sizes of chain and bridles

(Sections B.7.1 and B.7.2). Each section also includes Contract Line Items (CLINS) for transportation and for First Article Testing. Offerors have the option to price only one section of chain and bridles (B.7.1 or B.7.2), or both sections of chain and bridles (B.7.1 and B.7.2). If an offeror is pricing both sections, the fixed unit prices for CLINS 00003 and 00005, should be the same amount for the same delivery location. If an offeror completes a Price Schedule Section

(B.7.1 and/or B.7.2) the offeror must price all line items for that section, including transportation and First Article Testing CLINS.

Section B.7.1 Small and Medium Size Buoy Chain – see Attachment 5 Section B.7.2 Large-Size Buoy Chain and Bridles – see Attachment 5

This solicitation may result in up to two Indefinite Delivery Indefinite Quantity (ID/IQ) Contracts with Economic Price Adjustments for Steel and Diesel Fuel (one for each section of chain and bridles, to include transportation). As referred to in paragraph (b) of FAR Clause 52.216-22

"Indefinite Quantity" of this contract, the contract minimum quantity is a total of $100,000.00 worth of orders at the contract unit price(s) for the base year only. The contract maximum quantity is the NTE Ceiling price of the contract.

Contract award shall be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. For a proposal to be evaluated, ALL pricing for the selected section (B.7.1 and/or B.7.2) must be completed. All Schedule B unit prices and total price amounts shall be filled in for each CLIN and SubCLIN. “NSP” in this section means “not separately priced.”

3. See Section H, paragraph H-3, concerning Procurement of Buoy Chain. The Coast Guard may not procure buoy chain that is not manufactured in the United States; or substantially all of the components of which are not produced or manufactured in the United States.

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4. For Chain and Bridle CLINS (00001, 00002, and 00004, and related out-year performance period CLINS), and First Article Testing CLINs 00006 and 00008 (base year only), Units of Measure “Shot”, “Half-Shot”, and “Drum” are defined as a Ninety foot (90’) length of chain, Forty-Five foot (45’) length of chain, and 540 foot (540’) length of chain, respectively.

5. For Transportation CLINs (00003 and 00005, and related out-year performance period CLINS) Unit of Measure “Lot” is defined for CONUS/OCONUS (Domestic/Overseas) destination unit cost shipping as one truckload or shipping container of approximately forty-thousand pounds (40,000 lbs.).

6. For Transportation Item 00003BL and 00005AY, and related out-year performance period CLINS and related out-year performance period CLINS, “Ship In Place/Pick-Up” shall be used when the Government takes delivery of packed, packaged and marked chain at the Contractor’s facility. See also Section F Deliveries or Performance and paragraph F-5 “Ship In Place/Pick- Up”.

B.3 TYPE OF CONTRACT

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

Prices* (subject to an economic price adjustment (EPA) for steel and diesel fuel.) Fixed price delivery orders will be issued in accordance with the contract when supplies are required by the

Government. 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

CLIN, product, quantity, unit prices, total amount of order, required delivery date(s), delivery destination(s), and any other pertinent information. Delivery Orders may be issued 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.

* 1) Buoy Chain and Bridles: Fixed Unit Prices shall include all costs to construct the products, which includes, but is not limited to: cost of material, direct and indirect labor, overhead, general and administrative (G&A) expenses, profit, and all applicable Federal, State, and local taxes and duties.

Note: The Economic Price Adjustment (EPA) Steel Clause of this contract is only applicable to the cost of steel.

2) Fixed Unit Prices with an EPA shall include all costs to provide the supplies, which include, but is not limited to, all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.229-3 Federal, State, and Local Taxes and all FOB destination, delivery and shipping charges. Note:

FAR Clause 52.216-2, Economic Price Adjustment (EPA) – Steel, is only applicable to the cost of steel. FAR Clause 52.216-2, Economic Price

Adjustment (EPA) – Fuel is only applicable to Number 2 Diesel Fuel.

3) Transportation: Fixed Unit Prices shall include the cost for packaging, loading and all delivery charges. The contractor shall not levy any charges on the transportation costs (i.e., overhead, G&A, profit, etc.).

Solicitation HSCG84-17-R-BB5101 4 of 80

B.4 ESTIMATED QUANTITIES

The estimated quantities listed in the price schedule shall not be a representation to the contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will be stable or normal.

B.5 PRICING OF DELIVERY ORDERS

The pricing of individual delivery orders will be governed by the 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.

B.6 ABBREVIATIONS

The following abbreviations are used in the Price Schedule and throughout this document:

CLIN: Contract Line Item Number

EA: Each

LT: Lot

NSP: Not Separately Priced

TBD: To Be Determined

B.7 PRICE SCHEDULE

The below verbiage will be deleted from the awarded contract and replaced with the Price Schedule (Attachment 5) upon award.

(1) The offeror shall complete the Price Schedule (Attachment 5), which includes tabs for each performance period by Price Schedule Sections B.7.1and B.7.2 (Base Period – Option Period 4), in the Excel document and submit with their completed offer.

(2) The offeror shall provide a “Unit Price” for all items. Although formulas to calculate the “Estimated

Amounts” and the “Estimated Grand Totals” are in the Excel spreadsheet, please double check that the calculations are correct before you submit your proposal.

(3) For each CLIN/item, the offeror shall provide the amount of the portion of the unit price that is subject to one of the EPA Clauses in the columns labeled “Portion of the Unit Price Subject to the EPA” and complete

Attachment 5.

Buoy Chain and Bridle CLINs are subject to the EPA Clause for Steel

Transportation CLINs are subject to the EPA Clause for Fuel

For purposes of submitting a proposal, the “Portion of the Unit Price Subject to the EPA” should be the same amount for the same item for all performance periods (Base Period – Option Period 4).

Example: When an offeror completes the Price Schedule, Attachment 5 under Section J, if the “Portion of the Unit

Price Subject to the EPA” for the CLIN 00001AA, ½” x 45’ DIAMETER STEEL BUOY CHAIN, is $100 for the Base

Period, then it should be $100 for each Option Period CLIN for the same item (CLINs 10001AA – 40001AA) also.

(Note: The below sample involves the same item)

CLIN Description of Supplies/Services Portion of the Unit Price Subject to EPA

00001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00

10001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00

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20001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00

30001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00

40001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00

(4) The completed awarded price schedule will be incorporated into section B.7 of the contract upon award.

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B.8 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. However; Subject to Contracting

Officer’s review and approval and in accordance with FAR Clause 52.209-3, the contractor/offeror may request a waiver to this requirement.The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. 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.

(END OF SECTION B)

Solicitation HSCG84-17-R-BB5101 24 of 80

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

This requirement is for the manufacture and delivery of open-link, welded steel buoy chain and bridles for USCG Waterway Operations Product Line (WOPL) used by Aids to Navigation

(ATON) units across the districts and Coast Guard. Title 14 of the United States Code authorizes the Coast Guard to maintain aids to navigation (ATON) buoys to guide mariners in the navigable waters of the United States. An adequate supply of buoy chain and bridles to replace that which has been worn out in service is essential to ensuring that buoys remain in their assigned positions.

This contract will ensure that units get the supplies they need efficiently and timely. The vendor needs to be able to properly manufacture the buoy chain and bridles, per US Coast Guard specifications. These specifications include certain measurements, type of metals needed, certain strength capabilities, and inspection and testing requirements. In addition, the vendor then has to be able to deliver them in approved packaging nation-wide by the specified due date listed on the individual delivery orders.

C.2 REQUIREMENTS

C.2.A SCOPE OF WORK

C.2.A.1 General

The Contractor shall provide the Coast Guard with open-link, welded steel buoy chain and bridles. The Contractor shall furnish all necessary material, labor (direct and indirect), equipment, facilities and supervision to manufacture, fabricate and ship open-link, welded steel buoy chain and bridles. All contract line items shall be provided in accordance with

Specifications designated in Sections C – Work Statement of this contract and listed as attachments in Section J of this Contract. The Contractor shall provide the necessary program management oversight to assure that all delivery schedules are met and the subcontracted parts and services, if any, meet all requirements of this contract.

C.2.B. APPLICABLE DOCUMENTS

See list of attachments, Section J.

C.3 PROGRAM MANAGEMENT

Meetings shall be held regularly to ensure effective program management and efficient and effective resolution of problems throughout the life of the contract. At least ten (10) working days before any meeting, unless otherwise stated the party requesting or hosting the meeting

(Contractor or Government) shall notify the other party (Contractor or Government) of the time, Solicitation HSCG84-17-R-BB5101 25 of 80 date, location and proposed agenda of the meeting. The types and frequency of these meetings shall include, as a minimum, those described as follows:

a) Post-Award Conference: A post-award conference shall be required prior to the commencement of any work under this contract. The conference is anticipated to be approximately one day in duration. At the Contracting Officer’s discretion, the conference shall be at the Contractor’s facility, or by teleconference phone call.

b) Program Overview Meeting (POM): Shall be held, if requested, by the Government or

Contractor. The Contractor shall conduct the POM at the Contractor’s facility, a

Government facility, or a subcontractor’s facility, as appropriate for the 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 Contracting Officer’s

Representative (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 of

Government) shall prepare and submit an agenda for review by the other party at least ten (10) calendar days prior to each POM. 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) Product quality shall be monitored through random quality assurance inspections by

Coast Guard personnel at the Contractor’s facility (manufacturing plant) during production and upon delivery of the buoy chain and bridles.

d) If a new Contractor is considered for the Contract, a Pre-Award Conference and Site

Inspection shall take place before award to ensure the Contractor is capable of meeting the Contract requirements. The Conference is anticipated to be approximately one day in duration.

e) 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. This paragraph

(e) applies only if First Article Testing requirement is not waived.

C.4 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 The Manufacture of Open

Link, Welded Steel Chain and Bridles, Specification No. 377, Revision N). This paragraph applies only if First Article testing requirement is not waived.

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C.5 ORDERING SEQUENCE OF EVENTS

C.5.1 Award First Article: Upon award of the contract or after the Post Award conference, the

Government may issue a Delivery Order for First Article Testing of Open Link, Welded Steel

Chain and Bridles. 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.5.1.1 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 Specification No. 377, Rev N.

C.6 WARRANTY PERFORMANCE.

The contractor shall warrant all items against defects in workmanship and design in accordance with FAR Clause 52.246-17. The Contractor warrants that for 6 months .

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform to the requirements of this contract.

C.7 MATERIAL INSPECTION AND RECEIVING REPORT

The contractor shall comply with Section E (Inspection and Acceptance) of the contract when delivering open-link, welded steel chain and bridles.

(END OF SECTION C)

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SECTION D

PACKAGING AND MARKING

D.1 MARKING OF SHIPMENTS

The Contractor shall mark all shipments under this contract with the contract number and delivery order number, and with other instructions shown in the USCG Ocean Engineering Division, Washington, DC Specification entitled, “Manufacture of Open Link, Welded-Steel Chain and Bridles, Number 377, Revision N, dated September 2016, specifically Section 5.

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.2 PRESERVATION, PACKAGING AND PACKING

The contractor shall preserve, pack, and package, all items in such a way as to ensure complete delivery at destination without damage or deterioration of the supplies due to hazards of shipping, handling or storage. Item(s) shall be prepared for shipment in accordance with the USCG Ocean Engineering Division, Washington, DC Specification entitled, “Manufacture of Open Link, Welded-Steel Chain and Bridles, Number 377, Revision N, dated September 2016, specifically paragraph 5.2 Marking.

NOTE: Shipments shall be bundled to facilitate unloading at destination with standard lifting equipment (e.g. forklift, crane).

D.3 INCLUSION OF CONTRACT AND DELIVERY ORDER NO. ON

DOCUMENTATION

The Contractor shall include the contract number and delivery order number on the following documentation: (1) shipping documentation; (2) invoices; and (3) correspondence pertaining to the delivery order.

(END OF SECTION D)

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SECTION E

INSPECTION AND ACCEPTANCE

E.1 FAR 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 address(es):

https://www.acquisition.gov .

FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1) CLAUSES

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)

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with USCG Ocean Engineering Division, Washington, DC Specification entitled, “Manufacture of Open Link, Welded-Steel Chain and Bridles, Number 377, Revision N, dated September 2016, specifically Section 4.

(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.3 QUALITY ASSURANCE/MATERIAL INSPECTION AND RECEIVING REPORT (DD-250

FORM)

At the time of each delivery of supplies under this contract, the contractor shall prepare and furnish to the Government a DD Form 250 “Material Inspection and Receiving Report (MIRR)”.

The form DD-250 shall be used as a certification of Contract Quality Assurance (CQA), as a packing list, and as a certification of acceptance in accordance with USCG Ocean Engineering Division, Washington, DC Specification entitled, “Manufacture of Open Link, Welded-Steel Chain and Bridles, Number 377, Revision N, dated September 2016, specifically Section 5.3.

One copy of DD Form 250 (MIRR) shall be sent to the COR 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), Solicitation HSCG84-17-R-BB5101 29 of 80 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 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 invoice.

E.4 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.5 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.

(END OF SECTION E)

Solicitation HSCG84-17-R-BB5101 30 of 80

SECTION F

DELIVERIES OR PERFORMANCE

F.1 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 address(es):

https://www.acquisition.gov

FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1) CLAUSES

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-30 F.O.B. ORIGIN CONTRACTOR’S FACILITY (FEB 2006)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.247-48 F.O.B. DESTINATION – EVIDENCE OF SHIPMENT (FEB 1999)

F.2 LOT SIZE

Transportation CLINS 00003AA-BG and 00005AA-AT, and related out-year performance period CLINS, are designated for domestic CONUS shipments within the continental United

States and are for up to full truckload “lots”, for approximately forty thousand pounds (40,000 lbs.). Transportation CLINS 00003BH-BK and 00005AU-2AX, and related out-year performance period CLINS, are designated for overseas, OCONUS, shipments outside the continental United States and are for up to full 40 ft. shipping containers of approximately forty thousand pounds (40,000 lbs.).

F.3 REQUIRED DELIVERY SCHEDULE

Items shall be delivered no later than two hundred forty (240) calendar days after receipt of each delivery order, unless specified otherwise in the individual delivery order. Item may be delivered on a continual basis from the date the order is issued through the specified time of delivery, but not later than the time of delivery specified in each order. The time of delivery may be specified in terms of calendar days after the date of the order or converted to a specific calendar date, based on the date of award of the delivery order.

F.4 FREIGHT ON BOARD POINTS

FOB will be designated in each delivery order. It will be either FOB Destination or will be FOB

Origin in the case of “ship in place” at Contractor’s facility.

F.5 SHIP IN PLACE

The Government reserves the right to arrange to take delivery of products at the Contractor’s facility. Item 00003BL and 00005AY, and related out-year performance period CLINS shall be

Solicitation HSCG84-17-R-BB5101 31 of 80 used when the Government will take delivery of packaged, packed and marked products at the

Contractor’s facility.

F.6 PERIOD OF PERFORMANCE

The term of the contract base period of performance is for one base year (or less depending on the date of award) with the addition of four, one year options which extends the contract through

November 2021. The total contract duration period will not exceed five years. Evaluation of options does not obligate the Government to exercise any option period.

Base Period: December 1, 2016 (or date awarded) – 30 November 2017

Option Period One: December 1, 2017 – 30 November 2018 (if exercised by the Government)

Option Period Two: December 1, 2018 – 30 November, 2019 (if exercised by the Government)

Option Period Three: December 1, 2019 – 30 November 2020 (if exercised by the Government)

Option Period Four: December 1, 2020 – 30 November 2021 (if exercised by the Government)

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

Clause 52.217-8 is also unilaterally exercised by the Government to extend the contract for up to an additional 6 months.

F.7 PLACE OF PERFORMANCE

Performance under this contract is required to be performed at the Contractor’s Facility.

F.8 PREPARATION FOR DELIVERY

Scheduling of Delivery. To ensure the availability of Coast Guard receiving personnel, the

Contractor shall contact the delivery destination(s) as specified in each delivery order. The name and phone number for the contact person(s) for each delivery destination will be provided at issuance of individual delivery orders. Deliveries shall be scheduled between 10:00am and

3:00pm, Monday through Friday, excluding Federal holidays. Delivery destinations as specified in each order shall be notified by the Contractor at least three (3) business days prior to any scheduled delivery.

F.9 PLACES OF DELIVERY

Place of delivery shall be designated in each delivery order. Addresses for Destinations as referenced under CLIN 00003 and 00005 and related out-year performance period CLINS under

Section B are listed in Attachment 6 under Section J.

F.10 FIRST ARTICLE DELIVERY TESTING AND QUALITY ASSURANCE PLAN

SCHEDULE

Solicitation HSCG84-17-R-BB5101 32 of 80

In accordance with Section B of the solicitation, the Government requires the following first article items to be delivered/tested as indicated below. However, this shall not apply if the

Government waives the requirement for first article approval test.

CLIN SUPPLIES QTY UNIT TIME OF DELIVERY

00006 FIRST ARTICLE ITEMS: The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture open link, welded steel buoy chain and bridles in accordance with the U.S. Coast

Guard Specification No. 377, Revision N and related drawings.

00006AA ½” X 45’ DIAMETER STEEL BUOY CHAIN 1 SHOT Within 120 Days after award

00006AB ½” X 90’ DIAMETER STEEL BUOY CHAIN 1 SHOT Within 120 Days after award

00006AC 3/4” X 90’ DIAMETER STEEL BUOY CHAIN 1 SHOT Within 120 Days after award

00006AD

½” X 90’ DIAMETER STEEL BUOY CHAIN

(WITHOUT END LINKS)

1 SHOT Within 120 Days after award

00006AE

½” X 540’ DIAMETER STEEL BUOY CHAIN

(WITHOUT END LINKS

1 SHOT Within 120 Days after award

00006AF 1” X 90’ DIAMETER STEEL BUOY CHAIN 1 SHOT Within 120 Days after award

00006AG

1 1/8” X 90’ DIAMETER STEEL BUOY

CHAIN

1 SHOT Within 120 Days after award

00006AH

1 ¼” X 90’ DIAMETER STEEL BUOY

CHAIN

1 SHOT Within 120 Days after award

00007

Inspection and Acceptance documentation in accordance with Section J, Attachment 1, paragraph 4, and Appendix A, “Certificate of

Performance”, and “First Article test Report” in accordance with FAR 52.209-3 for all First

Article Items CLIN 00006AA through

00006AH.

1 LOT Within 150 Days after award

00008

FIRST ARTICLE ITEMS: The contractor shall provide all direct and indirect labor, overhead, general and administrative expenses and profit to manufacture open link, welded steel buoy chain and bridles in accordance with the U.S. Coast

Guard Specification No. 377, Revision N and related drawings.

00008AA

1 ½” X 90’ DIAMETER STEEL BUOY

CHAIN

1 SHOT

Within 120 Days after award

00008AB

1 3/4” X 90’ DIAMETER STEEL BUOY

CHAIN

1 SHOT Within 120 Days after award

00008AC

1 7/8” X 90’ DIAMETER STEEL BUOY

CHAIN

1 SHOT Within 120 Days after award

00008AD 2” X 90’ DIAMETER STEEL BUOY CHAIN 1 EA Within 120 Days after award

00008AE

2 1/8” X 90’ DIAMETER STEEL BUOY

CHAIN

1 EA Within 120 Days after award

00008AF

2 1/4” X 90’ DIAMETER STEEL BUOY

CHAIN

1 EA Within 120 Days after award

00008AG

7/8” DIAMETER BY 10’ DIAMETER BUOY

BRIDLE

1 EA Within 120 Days after award

Solicitation HSCG84-17-R-BB5101 33 of 80

00008AH

1” DIAMETER BY 12’ DIAMETER BUOY

BRIDLE

1 EA Within 120 Days after award

00008AI

1 ½” DIAMETER BY 15’ DIAMETER BUOY

BRIDLE

1 EA Within 120 Days after award

00008AJ

1 ½” DIAMETER BY 18’ DIAMETER BUOY

BRIDLE

1 EA Within 120 Days after award

00008AK

1 ½” DIAMETER BY 20’ DIAMETER BUOY

BRIDLE

1 EA Within 120 Days after award

00008AL

1 ½” DIAMETER BY 26’ DIAMETER BUOY

BRIDLE

1 EA Within 120 Days after award

00009 The contractor shall provide Inspection and

Acceptance documentation in accordance with

Section J, Attachment 1, paragraph 4, and

Appendix A, “Certificate of Performance”, and

“First Article Test Report” in accordance with

FAR 52.209-3 for all First Article Items CLIN

00008AA through 00008AL.

1 LOT Within 150 Days after award

F.11 PERIOD FOR GOVERNMENT REVIEW OF DOCUMENTS: 30 days, unless otherwise stated in this contract or its attachments.

(END OF SECTION F)

Solicitation HSCG84-17-R-BB5101 34 of 80

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION PROCEDURES

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

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

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

E-Mail: Wendy.J.Culbreth@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

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

Officer.

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: Leslie K. Filipiak, Contractor Telephone #: (757) 628-4110

E-Mail: leslie.k.filipiak@uscg.mil Fax #: (757) 628-4135

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

Interest Statement:

Leslie K. Filipiak, a Government Contractor, employed by Infinity Technology LLC will provide primary Contract Specialist services for this procurement. Although Ms. Filipiak is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Ms. Victoria Worrell, an employee of Infinity Technology LLC. Non-disclosure agreements between Ms. Filipiak and Ms. Worrell, Infinity Technology LLC 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 Infinity Technology LLC, Ms. Filipiak and Ms. Worrell to contact Infinity Technology LLC at the below address, telephone number, or e-mail address to mailto:Dawn.J.Dabney@uscg.mil mailto:Wendy.J.Culbreth@uscg.mil mailto:Janet.M.Kodmon@uscg.mil mailto:leslie.k.filipiak@uscg.mil

Solicitation HSCG84-17-R-BB5101 35 of 80 enter into a Non-Disclosure Statement/Confidentiality statement/Certification of Non-Conflict of

Interest Statement.

Infinity Technology LLC

7930 Jones Branch Drive, Suite 800

McLean, VA 22102

POC: Kevin O. Belanga, Vice President

Telephone Number: (571) 765-4713

Email: kbelanga@itllc.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.

G.2 ADDRESS OF CORRESPONDENCE

All correspondence except as otherwise specified shall be directed to the Contracting Officer at the following address:

U.S. Department of Homeland Security

United States Coast Guard

Shore Infrastructure Logistics Center

300 East Main St., Suite 965 (PCB4)

Norfolk, VA 23510-9112

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.

Solicitation HSCG84-17-R-BB5101 36 of 80

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 all invoices for supplies or services via the U.S. Coast Guard

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

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

(ii) Select “Coast Guard Vendors”

(iii) Select “Coast Guard Award Invoices or Contract/Order Invoice”

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

(v) 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:

(i) Complete the Contractor Invoice Submission Form (located at the above website)

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

(iii) 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.)

(iv) 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

Rebecca.A.Brown@uscg.mil http://www.fincen.uscg.mil/ mailto:Rebecca.A.Brown@uscg.mil

Solicitation HSCG84-17-R-BB5101 37 of 80

(3) 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

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

G.6 GOVERNMENT ORGANIZATIONS AUTHORIZED TO PLACE ORDERS

Only U.S. Coast Guard SILC Contracting Officers are authorized to place orders under the resultant contract(s).

G.7 ORDERING PROCEDURES

G.7.1 Delivery Orders issued under this contract shall be prepared by the SILC Contract

Specialist or designated alternate and signed by a warranted SILC Contracting Officer. The

Contracting Officer via use of Optional Form 347 (OF-347) shall issue the delivery order and shall contain the following information:

(a) Date of order

(b) Contract number and Delivery 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

Solicitation HSCG84-17-R-BB5101 38 of 80

(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.