Solicitation_HSCG84-17-R-BHQ002_Steel_Foam-filled_River_Buoys_Ver_5.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-17-R-BHQ002

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the supplies outlined in the solicitation utilizing procedures in FAR Part 15, Contracting by Negotiations. This solicitation is issued as a Set-Aside for Small Business in accordance with FAR Subpart

19.5. The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns only. The NAICS code is 332313 and the size standard is 750 employees to participate as a small business concern.

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.2.1 for complete details)

(b) Volume II – Past Performance Information (See Section L.2.2 for complete details)

(c) Volume III – Price Proposal (See Section L.2.3 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-COB1

Attn: Thomas A. Auler 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 Thomas.A.Auler@uscg.mil and copied to the Contracting Officer at Gerard.E.Hendricks@uscg.mil no later than August 22, 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 made available after the due date for all questions/concerns has passed.

*Only send questions/concerns on the solicitation to the Contract Specialist and the Contracting Officer listed above. 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.).*

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 a 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.

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

UNDER DPAS (15 CFR 7900)

RATING

PAGE OF PAGES

1 | 62

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

HSCG84-17-R-BHQ002

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

August 08, 2017

6. REQUISITION/PURCHASE NUMBER

2117847PML012

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

U.S. Coast Guard

SILC-COCO-BSS-COB1

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

U.S. Coast Guard

SILC-COCO-BSS-COB1

Attn: Thomas Auler 300 East Main Street, Suite 965

Norfolk, VA 23510-9112

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

SOLICITATION

9. Sealed offers in original and see Section L.1.1 for number of 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 N/A until 3:00PM, Eastern local time September 11, 2017 .

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

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

INFORMATION

CALL:

Thomas A. Auler AREA CODE

(757)

NUMBER

628-4262

EXT.

Thomas.A.Auler@uscg.mil

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 11

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

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 1

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 2 X K REPRESENTATIONS, CERTIFICATIONS

X F DELIVERIES OR PERFORMANCE 6 AND OTHER STATEMENTS OF OFFERORS 7

X G CONTRACT ADMINISTRATION DATA 4 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 10

X H SPECIAL CONTRACT REQUIREMENTS 9 X M EVALUATION FACTORS FOR AWARD 4

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 90 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 set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

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

10 CALENDAR DAYS (%) 20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS (%)

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

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

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

AND (Type or print)

ADDRESS

OF

OFFEROR

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

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN

SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97) Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

CONTINUATION SHEET FOR:

STANDARD FORM 33

REFERENCE NO. OF DOCUMENT BEING CONTINUED

SOLICITATION: HSCG84-17-R-BHQ002

PAGE

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

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 any subcontracted parts and services meet all requirements of the contract.

B.2 DELIVERY ORDERS

Fixed unit price delivery orders will be issued when the items are required by the Government. The Government does not guarantee the purchase of any estimated quantities. 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, and total amount of order, the required delivery date, delivery destination, 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.

*Buoys and related products: Fixed Unit Prices shall include all costs to construct the products, which includes, but is not limited to, the cost of materials, 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.

*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.) Note:

The Economic Price Adjustment (EPA) Diesel Fuel Clause of this contract is only applicable to the cost of diesel fuel for the purpose of transportation.

B.3 FIRST ARTICLE TESTING REQUIREMENT

The Contractor shall be required to submit for approval a first article lot production in accordance with FAR Clause 52.209-3 included in Section I of this contract. The first article lot shall include 10 of the following buoy types (4NR, 6CR, and 6NT) per Paragraph 4.3 of the Specification No. 455, Revision E. 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 the contract award, or shortly thereafter, will execute the first article testing requirement.

In accordance with FAR Clause 52.209-3(h), the Government may waive this requirement if 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. The offeror/contractor may request a waiver.

B. 4 ESTIMATED QUANTITIES

The estimated total quantities are listed in the Price Schedule provided as Attachment 1, and the Price Schedule includes Base Year and all Option Periods.

The Contracting Officer has stated realistic estimated total quantities in the solicitation. These estimates are not a representation to an Offeror or Contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will be stable or normal. The Contracting Officer obtained the estimated quantities by reviewing the records of both current and past requirements. Therefore, this estimate is not a representation that the estimated quantities will be ordered in full, as the need is based upon the unpredictable impact of the environment, seasonal river conditions, and local weather events.

The items specified in the First Article Lot Production are included in the schedule. Actual quantities of river buoys ordered will vary from year-to-year based solely on the Coast Guard units’ operational needs.

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:

ARO: After Receipt of Order BLS: Bureau of Labor Statistics CLIN: Contract Line Item Number COR: Contracting Officer’s Representative CPARS: Contractor Performance Assessment Reporting System DAFIS: Departmental Accounting and Financial Information System DCAA: Defense Contract Audit Agency DHS: Department of Homeland Security DUNS: Data Universal Numbering System EA: Each EPA: Equitable Price Adjustment F.O.B.: Freight On Board G & A: General and Administrative IAW: In Accordance With LT: Lot MB: Megabyte MIRR: Material Inspection and Receiving Report NAICS: North American Industry Classification System NLT: No Later Than NSP: Not Separately Priced PDF: Portable Document Format (Adobe Acrobat) POM: Program Overview Meetings RFP: Request For Proposal SAM: System for Award Management SILC: Shore Infrastructure Logistics Center TBD: To Be Determined USCG: United States Coast Guard

B.7 PRICE SCHEDULE

The below verbiage will be deleted from the awarded contract and replaced with the Price Schedule upon award. The Price Schedule is found as Attachment 1.

(1) The offeror shall complete the Price Schedule which includes each ordering period (Base Period through Option Period 4) and submit in the excel document format with their completed offer.

(2) The offeror shall provide a “Unit Price” for all items. The offeror shall also carry over the estimated quantity x Unit Price to provide an “Estimated Total”. All lines for Estimated Total Prices should be completed.

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

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BUOY SPECIFICATIONS

The Specifications for this requirement are provided as attachments in Section J.

The contractor shall manufacture and deliver to the Government unlighted foam-filled steel river buoys that meet the requirements in the attached Specifications referenced in Section J: U S C G Civil Engineering Drawing Numbers 121116C, 121117C, 121118D, 121119D, 121120D, and 121121D, and USCG Specification for Construction of Foam-Filled Unlighted Steel River Buoys No. 455, Revision E.

C.2 GOVERNMENT CONFORMANCE TESTING/EVALUATION

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 Technical Exhibit 1 in Section J (Specification for Construction of Unlighted Foam-Filled Steel River Buoys, Specification No. 455, Revision E).

C.3 MEETINGS

C.3.1 POST AWARD CONFERENCE

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

C.3.2 PROGRAM OVERVIEW MEETINGS (POM)

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

C.3.3 PRE-FULL RATE PRODUCTION REVIEW

The purpose of this review shall be to verify that all lessons learned during First Article Testing have been incorporated into the design and technical data prior to full scale production. At this time, the Contractor shall demonstrate their readiness to begin full-scale production. This review will be scheduled by the Contractor with the COR and Contracting Officer prior to beginning full-scale production.

C.4 FIRST ARTICLE ORDERING SEQUENCE OF EVENTS

C.4.1 AWARD FIRST ARTICLE

Upon award of the contract or after the Post Award conference, the Government shall issue a Delivery Order for First Article Testing of unlighted foam-filled steel river buoys. Upon completion of the First Article production run, the Contractor shall conduct first article test and inspections at the Contractor’s facility, and will be witnessed by the Contracting Officer’s Representative (COR).

C.4.2 GOVERNMENT APPROVAL, CONDITIONAL APPROVAL, AND DISAPPROVAL OF

FIRST ARTICLE TEST REPORT AND FIRST ARTICLE

First Article Testing and Approval shall be conducted in accordance with FAR 52.209-3 and U.S. Coast Guard Ocean Engineering Specifications No. 455, Revision E.

C.4.3 WAIVER OF FIRST ARTICLE TESTING REQUIREMENT

In accordance with FAR Clause 52.209-3(h), the Government may waive this requirement if 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. The offeror/contractor may request a waiver.

C.5 WARRANTY PERFORMANCE

The contractor shall warrant all items against defects in workmanship and materials in accordance with FAR 52.246-17.

C.6 RECOVERY AND DISPOSAL OF BUOYS

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

Additionally, the Contractor may be asked to pick up used/damaged buoys when not making new buoy deliveries (Out of Cycle Transportation). These pick-ups shall be made and the Contractor compensated at the awarded rate specified for that location in the Transportation Costs section of Section B (CLINs 0002A to 0002W, 1002A to 1002W, 2002A to 2002W, 3002A to 3002W, and 4002A to 4002W). USCG personnel at all locations will load used/damaged buoys regardless of the quantity to be loaded.

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

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

a) The Contractor shall provide a rate of compensation to the USCG for any and all recovered steel counterweight plates from salvaged buoys collected at each delivery point, per each specified buoy class as listed in section (c). This information is not considered as part of the total price proposal amount submitted in Volume III of the Contractor’s offer.

b) Although information is requested for the Base Year and all Option Periods, this compensation rate is subject to a price adjustment based upon the semi-annual steel price index changes calculated during the year for the Economic Price Adjustment (EPA) of the buoy fixed prices.

c) Base Year Compensation Rate

4th Class Buoys $___________ per buoy

6th Class Buoys $___________ per buoy

Option Period One 4th Class Buoys $___________ per buoy

6th Class Buoys $___________ per buoy

Option Period Two 4th Class Buoys $___________ per buoy

6th Class Buoys $___________ per buoy

Option Period Three 4th Class Buoys $___________ per buoy

6th Class Buoys $___________ per buoy

Option Period Four 4th Class Buoys $___________ per buoy

6th Class Buoys $___________ per buoy

C.6.4 The contractor is responsible for submitting a quarterly report of (1) the number of used/damaged buoys picked up by its class, (2) the number of buoys with/without Steel Counterweight Plates, and (3) the compensation due to the Coast Guard by class. The report shall be submitted at the end of each quarter to the Contracting Officer and COR via e-mail. Compensation to the Coast Guard (for all quarters except the last quarter of the contract) for salvaged Steel Counterweight Plates and/or other materials shall be collected by applying a credit to any future Delivery Orders for 4th and 6th Class River Buoys by using CLIN 0003A -4003A (Quarterly Compensation for Useable Steel Counterweight Plates). Compensation for the last quarter of the contract shall be made by the contractor issuing a check to the United States Treasury.

SECTION D - PACKAGING AND MARKING

D.1 PRESERVATION, PACKAGING AND PACKING

All items delivered under this contract shall be packaged and marked to ensure delivery of the items without damage or deterioration of the buoys due to the hazards of shipping, handling and storage. All components, equipment and spares delivered under this contract shall be preserved, packaged and packed in accordance with MIL-STD-2073E, Method 10. The contractor shall transport the river buoys to the destinations on a truck or trailer (e.g. stake-bed or flatbed) that will facilitate the unloading of the river buoys with a small crane or forklift. The river buoys shall not be shipped in containers or “box” trailers.

D.2 MARKINGS OF WARRANTED ITEMS

The Contractor shall mark all shipments under this contract with the contract number and delivery order numbers. Further, the shipments shall be marked in accordance with the current edition of MIL-STD-129P, "Military Marking for Shipment and Storage," in effect as of the date of the solicitation, and any other special marking as may be specified in Technical Exhibits 1, 2, 3, 4, 5, 6, 7, and 8 listed in Section J.

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

D.2.1 Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark on the DD Form 250 (See Section J for form) or otherwise furnish notice of the existence of a warranty with the supplies delivered. The purpose of the markings or notice is to inform Government personnel who store, stock, or use the supplies that the supplies are under 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) whom to notify if the supplies are found to be defective.

D.3 INCLUSION OF CONTRACT NUMBER ON DOCUMENTATION

The contractor shall include the contract number and applicable delivery order number on the following documentation:

(a) Shipping documentation;

(b) Invoices; and

(c) Correspondence pertaining to the contract or to a particular delivery order.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

(a) Notwithstanding the provisions of the "Inspection of Supplies" clause of this contract, supplies accepted by the Government are warranted by the Contractor to be free from any defects in material or workmanship and are also warranted to be in conformity with contract requirements. The word "accepted" as used herein means the execution of the Acceptance Block and signing of a DD Form 250 (see Attachment 2) by an authorized Government representative.

(b) U.S. Coast Guard inspection of the supplies to be furnished hereunder shall be made at the destination by the receiving activity. Prior to acceptance of any item to be delivered under this contract, the Government will visually inspect the submitted items for compliance with the contractual requirements.

(c) 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.

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

E.2 MATERIAL INSPECTION AND RECEIVING REPORT (DD FORM 250)

At the time of each shipment 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 DD 250 shall be used as a packing list, certification of quality control, and certification of inspection and acceptance at the receiving point, and one copy shall be forwarded upon shipment or pickup of any deliverable to the COR, clearly marked as “Information Only”.

At the time of each pickup of used/damaged 4th and 6th Class steel river buoys under this contract, the Contractor shall prepare and furnish to the Government a DD Form 250 Material Inspection and Receiving Report (MIRR). The DD 250 shall be used to (1) document the number of buoys being picked up by class (4th or 6th) with Steel Counterweight Plate Material and by class (4th or 6th) without Steel Counterweight Plate Material and (2) serve as a Certification of Acceptance by the Government. A copy of each DD 250 will be sent to the Contracting Officer’s Representative.

The original DD 250 shall be packed with each shipment of new steel river buoys and shall contain the following information for the receiving activity in Block 23:

“Attn Receiving Activity: 1. INSPECT items for correct quantity and shipping damage. 2. SIGN Block 22 & indicate discrepancies below. 3. RETURN to address in Block 10 and FAX copy to SILC-Waterways Operations Product Line, Attn: Bradford Long, at (202) 475-5959 or e-mail to:

Bradford.D.Long@uscg.mil.”

E.3 ACCESS TO CONTRACTOR FACILITIES

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

E.4 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 addresses:

Federal Acquisition Regulation (FAR): http://www.acquisition.gov/far/ Homeland Security Acquisition Regulation (HSAR): http://farsite.hill.af.mil/VFHSARA.HTM

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

(End of Clause)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PLACE OF DELIVERY – DESTINATION

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

U.S. Department of Homeland Security United States Coast Guard

SILC-COCO-BSS-COB4

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

ATTN: Andy Shanks Contract No. HSCG84-18-D-BHQ002

F.2 DOMESTIC PLACES OF DELIVERY

Domestic destinations are within the Continental United States. See Attachment 6 for shipping destinations of Items 0002A – 0002W, 1002A – 1002W, 2002A – 2002W, 3002A – 3002W, and 4002A – 4002W in Section B – Supplies or Services/Price. The list of delivery destinations may not be all inclusive and is subject to change. Additional domestic destinations may be added at a later date. Specific place of delivery shall be designated in each individual delivery order.

F.3 LOT SIZE

Items 0002A – 0002W, 1002A – 1002W, 2002A – 2002W, 3002A – 3002W, and 4002A – 4002W are designated for “Domestic” destinations within the Continental United States and involve up to full truckload “lots” in standard 48 foot length trailers.

F.4 DELIVERY ORDERS

The Government’s requirements shall be given to the Contractor by the timely issuance of delivery orders, duly executed by the Contracting Officer in accordance with the Order Limitations (FAR 52.216-19) and Requirements (FAR 52.216-21) clauses set forth in Section I.

F.5 PREPARATION FOR DELIVERY

All deliveries will be made no later than the date specified in Block 15 of the delivery order, unless otherwise discussed and approved by the Contracting Officer. All deliveries shall be made Monday through Friday between the hours of 10:00 am and 3:00 pm, local time of the destination. No deliveries shall be scheduled or made on federally observed holidays. The Contractor shall schedule deliveries by contacting the Coast Guard destination specified in each delivery order to set a mutually agreed upon delivery date and time. To ensure the availability of equipment and Coast Guard personnel to accept delivery, a minimum of three business days is required between scheduling a delivery and delivery being made. Requests to deliver later than the date specified on the delivery order must be approved by the Contracting Officer. The Coast Guard reserves the right prior to agreeing to a delivery date to declare a date as a non-delivery date. Expenses incurred by the Contractor due to failure to make delivery on a mutually agreed upon delivery date shall be the responsibility of the Contractor. The contractor shall, at the direction of the Government, consolidate the delivery schedule of supplies to multiple destinations and permit stop offs for partial unloading at one or more points directly in route between the point of origin and final destination.

F.6 FREIGHT ON BOARD (F.O.B.) POINTS

The F.O.B. location will be designated in each delivery order and will be F.O.B. Destination. The Government reserves the right to arrange to take delivery of buoy products at the Contractor’s facility if it determines this to be in the best interest of the Government.

F.7 FIRST ARTICLE DELIVERY TESTING AND INSPECTION SCHEDULE

In accordance with Section C.2, the Government requires the following first article items to be delivered/tested as indicated below after award (reference paragraph 4.2 of Specification 455, Revision E).

See Section I.3, paragraph (h) on page 31 regarding a first article waiver (CLIN 0000G and 0000H is still required if first article production and testing is otherwise waived).

CLIN SUPPLIES QTY UNIT TIME OF DELIVERY

0000A 4NR First Article 10 Each NLT 100 days after date of award of Delivery Order 0000B 4CR First Article 10 Each NLT 100 days after date of award of Delivery Order 0000C 6NR First Article 10 Each NLT 100 days after date of award of Delivery Order 0000D 6CR First Article 10 Each NLT 100 days after date of award of Delivery Order 0000E 6NT First Article 10 Each NLT 100 days after date of award of Delivery Order 0000F 6CT First Article 10 Each NLT 100 days after date of award of Delivery Order 0000G Test Plan and Procedures

(required even if first article test is waived)

1 Job In accordance with Specification for Construction of Foam Filled Unlighted Steel River Buoys, Specification 455, Revision E, Section 4.1, Verification

0000H Quality Assurance and Control Plan (required even if first article test is waived)

1 Job Prior to First Article Production in accordance with Specification for Construction of Foam Filled Unlighted Steel River Buoy Specification 455, Revision E, Section 4.1, Verification

0000I First Article Test Report

3 Job Within 15 days after completion of First Article Tests and Inspections in accordance with Specification for Construction of Foam Filled Unlighted Steel River Buoy Specification 455, Revision E, Section 4.1, Verification

F.8 BUOY DELIVERY SCHEDULE

Buoys may be delivered on a continual basis from the date the order is issued through the specified time of delivery. All buoys are required to be delivered no later than the time of delivery specified in each order.

The time of delivery may be specified in terms of calendar days after date of order or converted to a specific date (i.e. May 20, 2018) based on the date of award of the delivery order. The time of delivery for each order will be determined as follows:

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

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

30 per day 50 per day

(b) Start Up.

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

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

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

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

The following scenarios are provided for illustrational purposes:

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

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

900 4CR 500 6CR 250 6CT

Date of Delivery Order: January 1, 2018 River Buoy Order:

1,800 4th class buoys divided by 30 per day = 60 calendar days

1,000 6th class buoys divided by 50 per day = 20 calendar days

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

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

The time of delivery specified in the order would be 150 calendar days after January 1, 2018, or May 30, 2018.

(2) There is an active delivery order in effect with a delivery date of May 30, 2018.

Date of new Delivery Order: March 1, 2018 River Buoy Order:

1,200 4NR 1,000 6NR

1,200 4CR 1,000 6NR

2400 4th class buoys divided by 30 per day = 80 calendar days

2000 6th class buoys divided by 50 per day = +40 calendar days Production time = 120 calendar days Alternate period = +90 calendar days Time of delivery = 210 calendar days after date of delivery order

The time of delivery specified in the order would be 210 calendar days after March 1, 2018 or September 27, 2018.

(3) There is an active delivery order in effect with a delivery date of September 27, 2018.

Date of new Delivery Order: September 15, 2018

River Buoy Order:

750 4NR 150 6NT

750 4CR 150 6CT

1500 4th class buoys divided by 30 per day = 50 calendar days

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

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

The time of delivery specified in the order would be 116 calendar days after September 15, 2018 or January 9, 2019.

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

F.9 DOCUMENT DELIVERABLES

SECTION

REFERENCE

DELIVERABLE

QTY

UNIT

TIME OF DELIVERY

C.6.4 Quarterly Compensation Report

4 per year Each The report shall be submitted at the end of each quarter to the Contracting Officer and COR via e-mail.

E.2 DD 250 Material Inspection and Receiving Report

TBD Each Prepared and furnished with each shipment to record delivery, warranty, inspection and acceptance, and any quality issues of product.

F.7 Material Certifications of Conformance

See 3.13.1 of Specification No.

455 E

Job Required documentation within the First Article Test Report required by CLIN 0000I.

F.11 Production Progress Reports

TBD Each NLT 30 days after completion of an order in accordance with Paragraph F.11 below and FAR Clause 52.242-2.

H.3 DHS 700-3 Contractor’s Release Form

1, or when requested

Each NLT 30 days after time of final invoice is submitted for payment, or as requested by the Contracting Officer to close out any delivery order.

L.2.2 List of Contractors to receive Past Performance Questionnaires

1 Each To be submitted with Contractor’s Proposal by the submission deadline as a part of Volume II Past Performance Information Requirements.

F.10 PERIOD FOR GOVERNMENT REVIEW OF DOCUMENTS

30 days, unless otherwise stated in this contract or its attachments.

F.11 PRODUCTION REPORTING

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

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

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

(c) Problems anticipated in future reporting periods.

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

(e) If applicable, work in progress.

(f) Number of river buoys manufactured in the reporting period.

The Contractor will be responsible for reporting immediately to the Government all issues/concerns that could impact the delivery schedule. All reports and correspondence, except otherwise specified, shall be directed to the Contracting Officer’s Technical Representative at the following address:

USCG Headquarters (SILC-WOPL) 2703 Martin Luther King Jr Ave SE Stop Washington, DC 20593-7714 Office No 7Z20-05 ATTN: BOSN2 Bradford Long M/F: Contract No.: HSCG84-17-D-BHQ002

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

U.S. Department of Homeland Security United States Coast Guard

SILC-COCO-BSS-COB4

300 East Main Street, Suite 965 Norfolk VA 23510-9112 ATTN: Clenton A. Shanks M/F: Contract No.: HSCG84-17-D-BHQ002

F.12 ORDERING PERIOD

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

Base Period: 01 December 2017 (or date of award, whichever is later) - 30 November 2018 Option Period 1: 01 December 2018 - 30 November 2019 Option Period 2: 01 December 2019 - 30 November 2020 Option Period 3: 01 December 2020 - 30 November 2021 Option Period 4: 01 December 2021 - 30 November 2022

F.13 FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

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

Required Delivery Schedule

Item No. Quantity Within Calendar Days After Receipt of Order (ARO)

All All 60 calendar days ARO or in accordance with F.8 (c) Alternate Period

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Offeror’s Proposed Delivery Schedule

Item No. Quantity Within Calendar Days After Receipt of Order (ARO)

(b) Buoys may be delivered on a continual basis from the date a delivery order is issued through the specified time of delivery. All buoys are required to be delivered no later than the time of delivery specified on each delivery order. The time of delivery may be specified in terms of calendar days after receipt of a delivery order or converted to a specific date (i.e., May 16, 2014) based on the date of award of the delivery order.

F.14 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 addresses:

Federal Acquisition Regulation (FAR): http://www.acquisition.gov/far/ Homeland Security Acquisition Regulation (HSAR): http://farsite.hill.af.mil/VFHSARA.HTM

FAR

52.247-34 F.O.B. Destination NOV 1991 52.247-35 F.O.B. Destination, within Consignee’s Premises APR 1984 52.247-48 F.O.B. Destination – Evidence of Shipment FEB 1999

HSAR

3052.247-72 F.O.B. Destination Only DEC 2003

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION/MANAGEMENT

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the ordering period.

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 specifications 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-COB Contracting Officer.

Primary Contracting Officer: To be determined Telephone #: To be determined E-Mail: To be determined Fax #: (757) 628-4135

Alternate Contracting Officer: Andy Shanks Telephone #: (757) 628-4115 E-Mail: Clenton.A.Shanks@uscg.mil Fax #: (757) 628-4135

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

Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person might not have a warrant that provides the authority to contractually commit the Government.

Contract Specialist: To be determined Telephone #:

E-Mail: To be determined Fax #:

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter issued at time of award will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

G.3 SYSTEM FOR AWARD MANAGEMENT (SAM)

The Contractor shall be registered in the SAM database prior to award, during performance, and through final payment of the Indefinite Delivery Requirements Contract and any Delivery Orders.

G.4 PROCEDURES FOR ISSUING DELIVERY ORDERS

Delivery Orders under this contract shall be prepared by a SILC Contract Specialist and signed by a warranted SILC Contracting Officer, on an OF-347 (or other equivalent form), and shall contain the following information:

(a) Date of Order

(b) Contract number and Delivery Order number

(c) DAFIS document number (i.e., 24 document number)

(d) Consignee (i.e., place of delivery)

(e) Accounting and appropriation data

(f) F.O.B. Point

(g) Delivery date

(h) CLIN, description of supply, quantity ordered, unit, unit price and amount

(i) Delivery order grand total

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

(k) Any other pertinent information

Delivery Orders may be issued by facsimile, by electronic commerce (e.g., e-mail), or by mail. A Delivery Order may be placed in emergency circumstances by verbal order, facsimile, or electronic commerce (e-mail) per FAR Clause 52.216-18. An emergency order will be confirmed with a Form OF-347 written and signed order from the Contracting Officer within three (3) workdays after a call is placed.

G.5 FACSIMILE NUMBER AND MAILING ADDRESS FOR DELIVERY ORDERS

Contractors shall indicate below where delivery orders shall be sent:

E-mail: ___________________________________

Facsimile: ___________________________________

Mailing Address:

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

G.6 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.