RFP 70Z08422RWOPL0002.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: 70Z08422RWOPL0002

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 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 (Plate Work Manufacturing) and the size standard is 750 employees.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

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

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

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

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

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

3. Submit your offer with all required documentation and information to the following electronic address [electronic submission (e-mail) is authorized]

Vicente.M.Macho@uscg.mil and copy to Courtney.Baker-Williams@uscg.mil James.C.Kanash@uscg.mil

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 James.C.Kanash@uscg.mil no later than August 10, 2022 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 will be available after the due date for questions/concerns has past.

*Only send questions/concerns to the Contract Specialist listed above or, if not available, to the Primary Contracting Officer listed in Section G.1. DO NOT ask or submit questions/concerns regarding this RFP to any other USCG or Government personnel (e.g., Contracting Officer’s Representative, program/project manager, requesting unit, etc.).* mailto:Vicente.M.Macho@uscg.mil mailto:Courtney.Baker-Williams@uscg.mil mailto:James.C.Kanash@uscg.mil

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest 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.

mailto:OPAP@uscg.mil

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

UNDER DPAS (15 CFR 700)

RATING

PAGE OF PAGES

1 | 65

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

70Z08422RWOPL0002

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

July 28, 2022

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: James Kanash 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 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 11:00 AM, Eastern local time August 29, 2022 .

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:

James C. Kanash Jr. AREA CODE (757)

NUMBER

628-4467

EXT.

James.c.kanssh@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 2-3 PART III - LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 4-6 X J LIST OF ATTACHMENTS 37

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8-9 X K REPRESENTATIONS, CERTIFICATIONS 38-49

X F DELIVERIES OR PERFORMANCE 10-15 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 14-19 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 50-62

X H SPECIAL CONTRACT REQUIREMENTS 20-27 X M EVALUATION FACTORS FOR AWARD 63-65

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. 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 70Z08422RWOPL0002 2 of 65

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 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 F, and related specifications and drawings.

The buoys are manufactured of steel and filled with polyurethane foam. The buoys are classified into four 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 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. Please note that this estimate is not a representation that the estimated quantities will be ordered in full, or that the requirements will be stable in volume or quantities, as the need is based upon the environment, river conditions, and local weather. 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 on the Coast Guard units’ operational needs.

B.3 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.4 ABBREVIATIONS

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

CLIN: Contract Line Item Number EST: Estimated EPA: Economic Price Adjustment

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B.5 PRICE SCHEDULE

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

(1) The offeror shall complete the Price Schedule (Attachment 1), which includes tabs for each performance period by Price Schedule Section B.5 (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 applicable CLIN/item, the offeror shall provide the amount of the portion of the unit price that is subject to the EPA Clause for Steel and the EPA Clause for Fuel.

Foam-filled Unlighted Steel River Buoy CLINs are subject to the EPA Clause for Steel Transportation CLINs are subject to the EPA Clause for Fuel

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

Example: When an offeror completes the Price Schedule, Attachment 1 under Section J, if the “Portion of the Unit Price Subject to the EPA” for the CLIN 0001AA, 4th Class Nun Radar Reflective Steel River Buoys, 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 4th Class Nun Radar Reflective Steel River Buoys $100.00 1001AA 4th Class Nun Radar Reflective Steel River Buoys $100.00 2001AA 4th Class Nun Radar Reflective Steel River Buoys $100.00 3001AA 4th Class Nun Radar Reflective Steel River Buoys $100.00 4001AA 4th Class Nun Radar Reflective Steel River Buoys $100.00

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

(END OF SECTION B)

SOLICITATION 70Z08422RWOPL0002 4 of 65

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 various USCG locations, Unlighted Foam- Filled Steel River Buoys that meet the requirements in the attached USCG Specification for Construction of Foam-Filled Unlighted Steel River Buoys No. 455, Revision F. and Civil Engineering Drawings 121116C, 121117C, 121118D and 121119D.

C.2 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, 4CR, 6NR and 6CR) per Paragraph 4.3 of the Specification No. 455, Revision F. 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.

C.3 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 F).

C.4 MEETINGS

C.4.1 POST AWARD CONFERENCE

A Post Award Conference may be held if deemed necessary by the Government. If required, and at the request of the Contracting Officer, the conference, if necessary, shall be via virtual means, 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

SOLICITATION 70Z08422RWOPL0002 5 of 65 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.4.2 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.4.3 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 to discuss any issues or recommendations we may have based upon the results of the First Article Testing Reports.

C.5 FIRST ARTICLE ORDERING SEQUENCE OF EVENTS

C.5.1 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) either on site or virtually, at the discretion of the COR.

C.5.2 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 F.

SOLICITATION 70Z08422RWOPL0002 6 of 65

C.5.3 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.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 RECOVERY AND DISPOSAL OF BUOYS

Contractor is to pick-up any used/damaged 4th Class and/or 6th Class Steel River Buoys at locations already identified in the contract, in conjunction with deliveries of new manufactured buoys. The contractor agrees to salvage any Steel Counterweight Plates and dispose of the remaining scrap materials, foam filler material, etc., in accordance with all applicable local, state and federal laws. Any salvage value as a result of the steel counterweight plates or other scrap materials of the buoys or any fees and/or costs incurred as a result of disposal of any or all remaining materials of the buoys, shall be included in the bid unit price of each buoy. USCG personnel at all locations will load used/damaged buoys regardless of the quantity to be loaded.

Any costs associated with the pick-up and disposal of any used/damaged buoys in conjunction with the deliveries of new manufactured buoys shall be included in the unit cost of each new manufactured buoy.

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 0002AA to 0002AX, 1002AA to 1002AX, 2002AA to 2002AX, 3002AA to 3002AXW, and 4002AA to 4002AX).

(END OF SECTION C)

SOLICITATION 70Z08422RWOPL0002 7 of 65

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 and 5 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 (Attachment 4) 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) USCG personnel contact the Contracting Officer to notify if defective supplies are found.

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.

(END OF SECTION D)

SOLICITATION 70Z08422RWOPL0002 8 of 65

SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with USCG Waterways Operations Product Line Specification entitled, “Specification for Construction of Foam-filled Unlighted Steel river buoys, Specification Number 455, Revision F, dated May 2022, specifically Section 4.

(a) In accordance with FAR 52.246-2 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 acceptance will be demonstrated by execution of the block on the DD Form 250.

(b) U.S. Coast Guard inspection of the supplies to be furnished hereunder shall be made at the destination by the receiving activity.

(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.

E.2 MATERIAL INSPECTION AND RECEIVING REPORT

(DD-250 FORM)

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 completion of delivery of 4th and 6th Class River Buoys 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 for salvage and/or disposal, 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) and shall serve as historical data for our records. 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 email a copy to SILC-Waterways Operations Product Line, Attn: Sean McEvoy, at sean.p.mcevoy@uscg.mil.”

SOLICITATION 70Z08422RWOPL0002 9 of 65

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) facility for the purpose of quality insurance during all phases of manufacturing.

(END OF SECTION E)

SOLICITATION 70Z08422RWOPL0002 10 of 65

SECTION F

DELIVERIES

F.1 DOMESTIC PLACES OF DELIVERY

Domestic destinations are within the Continental United States. See Attachment 2 for shipping destinations of Items 0002AA – 0002AX, 1002AA – 1002AX, 2002AA – 2002AX, 3002AA – 3002AX, and 4002AA – 4002AX in Section B – Supplies or Services/Price. Additional domestic destinations may be added at a later date via a negotiated, bilateral contract modification. Specific place of delivery shall be designated in each individual delivery order.

F.2 PLACE OF PERFORMANCE

Except for the transportation of buoys to designated locations of delivery, performance under this contract is required to be performed at the Contractor’s Facility.

F.3 LOT SIZE

4th Class Lot Size- 50 Buoys; 6th Class Lot Size-100 Buoys--Items 0002AA – 0002AX, 1002AA – 1002AX, 2002AA – 2002AX, 3002AA – 3002AX, and 4002AA – 4002AX are designated for “Domestic” destinations within the Continental United States and involve up to full truckload “lots” of 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 Ordering instructions in Section G and 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 exclude any date from delivery scheduling. Expenses incurred by the Contractor in connection with the 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

SOLICITATION 70Z08422RWOPL0002 11 of 65 supplies to multiple destinations and permit stop offs for partial unloading at one or more points reasonably in route between the point of origin and final destination.

F.6 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 F). See Section I.2, paragraph (h) regarding a first article waiver (CLIN 001A05 and 001A06 are still required if first article production and testing is otherwise waived).

CLIN

SUPPLIES

UNIT

TIME OF DELIVERY

001A01 4NR First Article 10 Each NLT 100 days after date of award of Delivery Order 001A02 4CR First Article 10 Each NLT 100 days after date of award of Delivery Order 001A03 6NR First Article 10 Each NLT 100 days after date of award of Delivery Order 001A04 6CR First Article 10 Each NLT 100 days after date of award of Delivery Order 001A05 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 F, Section 4.1, Verification

001A06 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 F, Section 4.1, Verification

001A07 First Article Test Report

4 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 F, Section 4.1, Verification

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F.7 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, 2022) 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

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 startup 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 750 6NR

900 4CR 750 6CR

Date of Delivery Order: January 1, 2023 River Buoy Order:

1,800 4th class buoys divided by 30 per day = 60 calendar days 1,500 6th class buoys divided by 50 per day = 30 calendar days

Production time = 90 calendar days Start-up period = +60 calendar days

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

SOLICITATION 70Z08422RWOPL0002 13 of 65

The time of delivery specified in the order would be 150 calendar days after January 1, 2023, or May 31, 2023.

(2) There is an active delivery order in effect with a delivery date of May 31, 2023.

Date of new Delivery Order: March 1, 2023 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, 2023 or September 27, 2023.

(3) There is an active delivery order in effect with a delivery date of September 27, 2023.

Date of new Delivery Order: September 15, 2023 River Buoy Order:

750 4NR 150 6NR

750 4CR 150 6CR

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, 2023 or January 9, 2024.

(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

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.

SOLICITATION 70Z08422RWOPL0002 14 of 65

F.6 Material Certifications of Conformance

See 3.13.1 of Specification

No. 455 F

Job Required documentation within the First Article Test Report required by CLIN 00001.

F.6 Test Plan & Procedures

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

F.6 Quality Assurance & Control Plan

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

F.6 First Article Test Report

4 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 F, Section 4.1, Verification

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.

L.1.3 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.

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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 electronically submitted to the Contracting Officer’s Technical Representative at the following e-mail address:

COR – Sean McEvoy

(202) 475-5626 sean.p.mcevoy@uscg.mil

F.12 ORDERING PERIOD

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

Base Period: 15 September 2022 (or date of award, whichever is later) - 14 September

Option Period 1: 15 September 2023 – 14 September 2024 Option Period 2: 15 September 2024 – 14 September 2025 Option Period 3: 15 September 2025 – 14 September 2026 Option Period 4: 15 September 2026 – 14 September 2027

(END OF SECTION F)

mailto:sean.p.mcevoy@uscg.mil

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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: James Kanash, Contractor Telephone #: (757) 628-4467 E-Mail: James.C.Kanash@uscg.mil Fax #: (757) 628-4135

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

James Kanash, a Government Contractor, employed by Chenega Enterprise Systems & Solutions L.L.C. will provide primary Contract Specialist services for this procurement. Although Mr.

Kanash is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Ms. Barbara Spruill, employee of Chenega Enterprise Systems & Solutions L.L.C. or Ms. Kirsten Johnson, employee of Chenega Enterprise Systems & Solutions L.L.C. Non-disclosure agreements between Mr. Kanash, Ms. Spruill, Ms. Johnson of Chenega Enterprise Systems & Solutions L.L.C. 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 Chenega Enterprise Systems & Solutions L.L.C. Mr. Kanash, Ms. Spruill and Ms. Johnson to contact Chenega Enterprise Systems & Solutions L.L.C. at the mailto:Courtney.Baker-Williams@uscg.mil mailto:Vicente.M.Macho@uscg.mil mailto:James.C.Kanash@uscg.mil

SOLICITATION 70Z08422RWOPL0002 17 of 65 below address, telephone number, or e-mail address to enter into a Non-Disclosure Statement/Confidentiality statement/Certification of Non-Conflict of Interest Statement.

Chenega Enterprise Systems & Solutions L.L.C.

609 Independence Pkwy, Ste 210 Chesapeake, VA 23305-5209 POC: Mr. Robert Neild, Project Manager Email: robert.neild@chenegaess.com / Telephone Number: (860) 235-9100

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.

mailto:robert.neild@chenegaess.com

SOLICITATION 70Z08422RWOPL0002 18 of 65

(2) If a request for payment includes all the items required by the clause at FAR 52.232-25, Prompt Payment but is inaccurate, then the request is not proper and the contractor shall be notified in writing of the error(s); the Government reserves the right to return an inaccurate request for payment with a statement of the reason(s) it is not proper.

(b) Electronic Submission of Payment Requests (FSMS Awards).

Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(2) Effective at FSMS Go-Live, except as provided in paragraph (3) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(3) The Contractor may submit payment requests using a method other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(4) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

G.5 GOVERNMENT ORGANIZATIONS AUTHORIZED TO PLACE ORDERS

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

G.6 ORDERING PROCEDURES

G.6.1 Delivery Orders issued under this contract shall be prepared by the DOL-9 Contract Specialist or designated alternate and signed by a warranted DOL-9 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 http://www.ipp.gov/

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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.

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 – Is not subject to EPA for steel.

Ordering Periods One, Two, Three and Four: CLIN 1001, 2001, 3001, 4001 are subject to EPA for steel.

(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 August;

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 ordering period.