RFP 70Z08421RBHQ02400.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08421RBHQ02400

The U.S. Department of Homeland Security, U.S. Coast Guard, Director of Operational Logistics (DOL-9) 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 for complete details)

(b) Volume II – Price Information (See Section L.1 for complete details)

3. Submit your offer with all required documentation and information to the following electronic address

[electronic submission (e-mail) is authorized]

Barbara.T.Spruill@uscg.mil and copy to Courtney.Baker-Williams@uscg.mil

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 Barbara.T.Spruill@uscg.mil no later than October 15, 2021 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 Sam.gov website for viewing by all potential offerors. Answers to questions may not be available after the due date for questions/concerns has passed.

*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.).*

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or 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.

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

UNDER DPAS (15 CFR 700)

RATING

PAGE OF PAGES

1 | 62

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

70Z08421RBHQ02400

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

NEGOTIATED (RFP)

5. DATE ISSUED

29 Sep 2021

6. REQUISITION/PURCHASE NUMBER

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

U.S. Coast Guard

DOL-95

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

U.S. Coast Guard

DOL-95

Attn: Barbara Spruill 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(b) 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 3:00 PM, Eastern local time October 29, 2021 .

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:

Barbara T. Spruill AREA CODE

(757)

NUMBER

628-4159

EXT.

Barbara.T.Spruill@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 28-36

X B SUPPLIES OR SERVICES AND PRICE/COST 2-5 PART III - LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6-8 X J LIST OF ATTACHMENTS 37

X D PACKAGING AND MARKING 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 10-11 X K REPRESENTATIONS, CERTIFICATIONS 38-53

X F DELIVERIES OR PERFORMANCE 12-13 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 14-18 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 54-59

X H SPECIAL CONTRACT REQUIREMENTS 19-27 X M EVALUATION FACTORS FOR AWARD 60-62

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

OFFER AND (Type or print)

ADDRESS

OF

OFFEROR

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

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN

SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

10 U.S.C. 2304(c)(2) 41 U.S.C. 3304(a)

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. 6/2014 Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED Page SOLICITATION 70Z08421RBHQ02400 2 of 62

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. If First Article Testing is waived by the Contracting Officer, the associated CLINS will be removed at time of award. 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 X003 and X004, shall 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 (IDIQ) Contracts with Economic Price Adjustments for Steel and Diesel Fuel (one for each section of chain and bridles, to include transportation).

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, SOLICITATION 70Z08421RBHQ02400 3 of 62 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.).

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

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NAME OF OFFEROR OR CONTRACTOR

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.7.1 and 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 and ensure you are using two decimal places in the unit price to prevent rounding errors.

(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 (Option Period 1 through 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 0001AA, 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 1001AA – 4001AA) also. (Note: The below sample involves the same item)

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

EPA

0001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00 1001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00 2001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00 3001AA ½” x 45’ DIAMETER STEEL BUOY CHAIN $100.00 4001AA 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.

SOLICITATION 70Z08421RBHQ02400 5 of 62

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 70Z08421RBHQ02400 6 of 62

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 - SCOPE OF WORK

C.2.1 GENERAL

The Contractor shall provide the Coast Guard with steel ocean buoys. The Contractor shall furnish all necessary material, labor (direct and indirect), equipment, facilities and supervision to manufacture, fabricate and open link welded steel 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.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, 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

SOLICITATION 70Z08421RBHQ02400 7 of 62 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 Open Lin, Welded Steel Chain and Bridles, No. 377, Revision N). This paragraph applies only if the First Article testing requirement is not waived.

SOLICITATION 70Z08421RBHQ02400 8 of 62

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 Buoy 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 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)

SOLICITATION 70Z08421RBHQ02400 9 of 62

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)

SOLICITATION 70Z08421RBHQ02400 10 of 62

SECTION E

INSPECTION AND ACCEPTANCE

E.1 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.2 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), 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.3 U.S. COAST GUARD INSPECTION AND/OR ACCEPTANCE (DESTINATION)

U.S. Coast Guard inspection of the supplies or services to be furnished hereunder shall be made at the contractor’s facility and/or destination by the receiving activity. Prior to acceptance of any item to be delivered under this contract, the Government will review the submitted items for

SOLICITATION 70Z08421RBHQ02400 11 of 62 compliance with the contractual requirements. At no time shall deliveries exceed the required delivery schedule in Section F of this contract.

E.4 ACCESS TO CONTRACTOR FACILITIES

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

(END OF SECTION E)

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 LOT SIZE

Transportation CLINS X003AA-BS and X004AA-BS, and related out-year performance period CLINS, may be designated for domestic CONUS or overseas OCONUS shipments. CONUS shipments within the continental United States and are for up to full truckload “lots”, for approximately forty thousand pounds (40,000 lbs.) and 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.2 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.3 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.4 SHIP IN PLACE

The Government reserves the right to arrange to take delivery of products at the Contractor’s facility. Ship in Place/Pick-up CLINS are designated in the schedule shall be used when the Government will take delivery of packaged, packed and marked products at the Contractor’s facility.

F.5 PERIOD OF PERFORMANCE

The term of the contract base period of performance is for one base year with the addition of four, one year options which extends the contract through November 2026. The total contract duration period will not exceed five years. Evaluation of options does not obligate the Government to exercise any option period. Dates may change based on the award date.

Base Period: 1 December 2021 (or date awarded) – 30 November 2022 Option Period One: 1 December 2022 – 30 November 2023 (if exercised by the Government)

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Option Period Two: 1 December 2023 – 30 November 2024 (if exercised by the Government) Option Period Three: 1 December 2024 – 30 November 2025 (if exercised by the Government) Option Period Four: 1 December 2025 – 30 November 2026 (if exercised by the Government)

F.6 PLACE OF PERFORMANCE

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

F.7 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.8 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 and Attachment 7 under Section J.

F.9 FIRST ARTICLE DELIVERY TESTING AND QUALITY ASSURANCE PLAN

SCHEDULE

In accordance with Section B.7 of the solicitation, the Government requires the first article items to be delivered/tested as identified in the schedule within 120 days after award. However, this shall not apply if the Government waives the requirement for first article approval test.

F.10 PERIOD FOR GOVERNMENT REVIEW OF DOCUMENTS: 30 days, unless otherwise stated in this contract or its attachments.

(END OF SECTION F)

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION PROCEDURES

Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, Director of Operational Logistics (DOL-9), 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 DOL-9 Contracting Officer.

Contracting Officer: Courtney Baker-Williams Telephone #: (757) 628-4042 Courtney Baker Williams Fax #: (757) 628-4135 Email: Courtney.Baker-Williams@uscg.mil

Contracting Officer: Vicente Macho Telephone #: (757) 628-4490 Vicente Macho Fax #: (757) 628-4135 Email: Vicente.M.Macho@uscg.mil

Alternate Contracting Officer(s): Any warranted USCG DOL-9 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: Barbara Spruill, Contractor Telephone #: (757) 628-4159 E-Mail: Barbara.T.Spruill@uscg.mil Fax #: (757) 628-4135

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

Barbara Spruill, a Government Contractor, employed by Infinity Technology LLC will provide primary Contract Specialist services for this procurement. Although Ms. Spruill is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Mr. James Kanash, employee of Infinity Technology LLC. Non-disclosure agreements between Ms. Spruill and Mr. Kanash, and 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. Spruill, Ms. Floyd and Mr.

Kanash to contact Infinity Technology LLC at the below address, telephone number, or e-mail address to enter into a Non-Disclosure Statement/Confidentiality statement/Certification of Non- Conflict of Interest Statement.

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Infinity Technology, LLC 8270 Greensboro Drive, Suite 750 McLean, VA 22102 POC: Mr. Brad Kellaway, Project Manager Email: bkellaway@itllc.com / Telephone Number: (703) 854-1670

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 Director of Operational Logistics 300 East Main St., Suite 965 (DOL-95) 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 FAR Clause 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (OCT 2018).

G.4 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 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

SOLICITATION 70Z08421RBHQ02400 16 of 62 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 sean.p.mcevoy@uscg.mil and barbara.t.spruill@uscg.mil

(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.

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G.5 GOVERNMENT ORGANIZATIONS AUTHORIZED TO PLACE ORDERS

Only U.S. Coast Guard DOL-9 Contracting Officers are authorized to place orders under the resultant contract(s).

G.6 ORDERING PROCEDURES

G.6.1 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) Delivery or performance date

(e) Place of delivery or performance

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

(g) Accounting and appropriation data

(h) Any other pertinent information

G.6.2 A Delivery Order may be placed by written performance directive, or in emergency circumstances, by verbal order, facsimile, or electronic commerce (e-mail) per FAR 52.216-18.

Information described in paragraph 1 above shall be furnished to the contractor at the time of order. An emergency order will be confirmed with a Form OF-347 delivery order within three

(3) workdays after a call is placed.

(END OF SECTION G)

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ECONOMIC PRICE ADJUSTMENT (EPA) – RAW MATERIAL (STEEL)

(a) The Contractor warrants that the unit prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustments are provided under this clause.

(b) The following Contract Line Item (CLINs) and their respective Schedule B price are subject to an EPA for that portion of the CLIN price as shown that is subject to the EPA for steel. NOTE Attachment No. 5, in Part III, Section J – List of Attachments is provided for prospective bidders to complete. Prospective bidders should specify the unit price per CLIN (from Schedule B) and the portions of the CLIN price that is subject to the EPA for steel in the columns designated.

Note: Base Performance Period: CLIN 0001 and 0002 – Are not subject to EPA Performance Periods One, Two, Three and Four: CLIN X001, and X002 are subject to changes.

(c) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Iron and Steel, Series ID WPU101, which will be referenced to as “Index” in the remainder of this clause. If for some reason the Index is no longer available or discontinued, the contracting parties shall agree on a new Producer Price Index by October;

provided, that if the BLS designated a Producer Price Index with a new title and/or code number as being continuous with the original Index, the new Producer Price Index shall be used. Unless the parties agree otherwise, the substitute Producer Price Index shall be a steel related Producer Price Index which is calculated in such a manner and is based on such factors as would cause it to most closely track the original Index.

(d) Percent changes in Producer Price Indexes shall be calculated on data with the base 1982 = 100 unless the Bureau of the Labor Statistics publishes data on a new base from that time forward.

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

(f) The CLINS identified in paragraph (b) will be adjusted to the nearest cent prior to the exercise of each Option Period of the contract, based on the percentage change (up or down) of the Index.

(1) Base Period CLIN unit prices are not subject to an EPA adjustment

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(2) If applicable, EPA 1 Adjustment will be made before Option Period One is exercised and will affect the CLIN unit prices of Option Periods 1 - 4. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for February, March, and April 2020

(ii) Average Index for February, March, and April 2021

(3) If applicable, EPA 2 Adjustment will be made before Option Period Two is exercised and will affect the CLIN unit prices of Option Periods 2 - 4. The EPA 2 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for February, March, and April 2021

(ii) Average Index for February, March, and April 2022

(4) If applicable, EPA 3 Adjustment will be made before Option Period Three is exercised and will affect the CLIN unit prices of Option Periods 3 - 4. The EPA 3 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for February, March, and April 2022

(ii) Average Index for February, March, and April 2023

(5) If applicable, EPA 4 Adjustment will be made before Option Period Four is exercised and will affect the CLIN unit prices of Option Period 4. The EPA 4 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for February, March, and April 2023

(ii) Average Index for February, March, and April 2024

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

If Preliminary or Final October data is not available at the time required for submission of an EPA request, the three months with the most recently published (Preliminary or Final) data before October shall be used as the basis for adjustment. The three months that are used will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

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

(i) The following calculation methodology will be used to determine if a price adjustment is required before Option Period One is exercised (EPA 1 Adjustment).

(1) Calculate average index for May, June and July 2020 rounded up to four decimal places.

(2) Calculate average index for May, June and July 2021 rounded up to four decimal places.

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

(4) Calculate the price adjustment for each affected CLIN unit price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index and rounding the result to the nearest cent.

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(5) Calculate revised CLIN unit prices by adding the price adjustment from above to the original CLIN unit prices for Option Periods 1 – 4.

(j) With these terms in effect, Tables 1 and 2 below show some hypothetical data and sample EPA calculations which might be made to determine the annual adjusted selling unit prices for steel related stuffs. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

*Portion of unit price not subject to the EPA has been escalated by 3.5% per year by the contractor.

**Portion of unit price subject to EPA is not subject to escalation by the contractor since escalation is included in the index.

(1) Base Period CLIN Unit Prices are not subject to an EPA Adjustment

(2) EPA 1 Adjustment – Sample Calculations (Completed before Option Period One is exercised):

(i) CLIN 1004AA Awarded Unit Price: $5,000.00 Portion of CLIN 1001AA Unit Price not subject to EPA: $1,500.00 Portion of CLIN 1001AA Unit Price subject to EPA: $3,500.00

(ii) CLIN 200014A Awarded Unit Price: $5,052.00 Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

(iii) Average Index for February, March, and April 2020: 202.1000

(iv) Average Index for February, March, and April 2021: 223.2333

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

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

(vii)…