Section F - Deliveries or Performance_WCC 043021.docx

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US Coast Guard Waterways Commerce Cutter Program
Solicitation number
70Z02321RPRT00300
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This solicitation requests proposals for the design and production of up to twenty-seven Waterways Commerce Cutters for the U.S. Coast Guard. The Coast Guard intends to award an indefinite delivery indefinite quantity fixed-price contract with economic price adjustment to replace aging inland buoy tenders, inland construction tenders, and river buoy tenders. Proposals are due by July 30, 2021, and the Coast Guard plans to order at least two but no more than five cutters per year over a ten-year period of performance starting in February 2022. This small business set-aside solicitation seeks the design and production of cutters as well as associated long lead time materials, deep insurance spares, training, and support. Questions are due by June 1, 2021, and offerors must register in the System for Award Management and be certified under the United States/Canada Joint Certification Program to receive restricted technical data.

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Text version

USCG Waterways Commerce Cutter 70Z02321RPRT00300

Part 1—The Schedule Section F - Deliveries or Performance

TABLE OF CONTENTS

F.1CLAUSES INCORPORATED BY REFERENCE
F.2CLAUSES INCORPORATED IN FULL TEXT
F.3HOMELAND SECURITY ACQUISITION REGULATION CLAUSE BY REFERENCE
F.4DEFINITION OF DAYS
F.5PLACE OF DELIVERY-GOVERNMENT FURNISHED INFORMATION / PROPERTY
F.6EARLY DELIVERY
F.7PERIOD OF PERFORMANCE (POP)/ DELIVERY SCHEDULE
F.8LEAD AND FOLLOW SHIPS
F.9LONG LEAD TIME MATERIAL (LLTM)
F.10SYSTEM STOCK, SPARE & CONSUMABLE PARTS, AND OUTFITTING
F.11TRAINING AIDS
F.12INSURANCE SPARES
F.13DISPLAY MODELS
F.14DATA DELIVERABLES
F.15WARRANTY SLINs (XX01AC, XX02AC)
F.16OTHER CLIN / SLINs (XX01AD, XX02AD, XX06, XX06AA, XX08)

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-1) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER
TITLE
DATE
52.242-15
STOP-WORK ORDER
AUG 1989
52.242-17
GOVERNMENT DELAY OF WORK
APR 1984
52.247-14
CONTRACTOR RESPONSIBILITY FOR RECEIPT OF SHIPMENT
APR 1984
52.247-21
CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PERSONAL DAMAGE
APR 1984
52.247-22
CONTRACTOR LIABILITY FOR LOSS OF AND/OR DAMAGE TO FREIGHT OTHER THAN HOUSEHOLD GOODS
APR 1984
52.247-29
F.O.B. ORIGIN
FEB 2006
52.247-30
F.O.B. ORIGIN, CONTRACTOR’S FACILITY
FEB 2006
52.247-34
F.O.B. DESTINATION
NOV 1991
52.247-48
F.O.B. DESTINATION-EVIDENCE OF SHIPMENT
FEB 1999
52.247-55
F.O.B. POINT FOR DELIVERY OF GOVERNMENT FURNISHED PROPERTY
JUN 2003
52.247-65
F.O.B. ORIGIN, PREPAID FREIGHT-SMALL PACKAGE SHIPMENTS
JAN 1991

F.2 CLAUSES INCORPORATED IN FULL TEXT

FAR 52.216-22—INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 December 2032.

(End of Clause)

F.3HOMELAND SECURITY ACQUISITION REGULATION (HSAR)
3052.222-70STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORKDEC 2003
F.4DEFINITION OF DAYS

Wherever used, “days” means calendar days, unless otherwise specified, and will include Saturdays, Sundays, and U.S. Federal holidays. However, if the last day falls on a Saturday, Sunday, or U.S. Federal holiday, then the period shall include the next working day. When used, "working day" excludes weekends and U.S. Federal holidays.

F.5 PLACE OF DELIVERY – GOVERNMENT FURNISHED EQUIPMENT / SOFTWARE / INFORMATION

Only the equipment, software, or information listed in Section J, Attachments 1H and 1I, in the quantity shown, will be furnished by the Government. All other equipment, software, or information required for performance of this contract shall be furnished by the Contractor. Such Government Furnished Equipment/Software/Information shall be delivered at or near Contractor's plant under Government bill of lading, free of expense to the Contractor, on board the conveyance selected by the Government. When rail delivery is designated by the Government as a mode of transportation and drayage from a track to the Contractor's plant is necessary, the Contractor agrees to arrange for the prompt unloading of cars, pick-up and delivery of property to Contractor's plant free of expense to the Government.

F.6 EARLY DELIVERY

Early delivery of WCCs could reduce the need to extend service lives of existing cutters which would close the capability gap created by age and sustainability issues. However, the lead time to revise the personnel acquisition and training pipeline to accommodate early delivery is up to three full fiscal years. The USCG would require significant advance notice of the intent to deliver early to enable the USCG to assess and determine the feasibility of the early delivery. As a result, the USCG does not intend to accept early delivery of any ship, and is not required or obligated to accept early delivery of any ship.

F.7 PERIOD OF PERFORMANCE (POP)/ DELIVERY SCHEDULE

The total period of performance is 10 years from date of contract award, which is currently anticipated to be in February 2022. Each ordering period will be for one year. The USCG does not anticipate ordering any ships until ordering period two, to allow for the design to be completed. For planning purposes only, dependent upon funds availability and appropriations received in support of this program, the USCG intends to order at least two (2) ships, but not more than five (5) ships per ordering period. The delivery or each ship will be as per paragraph F.8 below.

F.8 LEAD AND FOLLOW SHIPS (SLINs X001AA, X002AA) The Contractor shall deliver the lead and follow ships to the USCG for Acceptance at the specified USCG facility, F.O.B. Destination, fully outfitted and tested in accordance with this contract.

The delivery date of the Lead Ship (regardless of variant) shall be 15 months after award of the Delivery Order. Follow ships shall be delivered every three (3) months thereafter. Should there be multiple Delivery Orders in place, the deliveries of the ships shall remain consistent with the above schedule.

In the event that the Government’s ordering schedule causes a gap in deliveries, the first ship of the new order shall be delivered within 15 months from award of the Delivery Order. All deliveries shall be at least 3 months apart.

Should the Government choose to incorporate the Offeror’s proposed delivery schedule, in the event it is more advantageous to the Government, this section will be updated at the time of award.

Specified cutters shall be delivered to either of the following two addresses, to be determined in each delivery order:

COMMANDING OFFICER

U.S. Coast Guard Base St. Louis 100 Arsenal Street St. Louis, MO 63118

COMMANDING OFFICER

U.S. Coast Guard Base New Orleans 1790 Saturn Blvd New Orleans, LA. 70129-2270

F.9LONG LEAD TIME MATERIAL (SLINs X003AA, X003AB)
(a)The Contractor shall deliver the LLTM F.O.B. Destination to the Contractor’s construction facility in time for LLTM’s in-yard need date.
(b)The long lead time equipment, material, software and commodities procured or manufactured is to be utilized for construction of or installation on the WCC. The equipment, material, and commodities procured or manufactured shall be considered Contractor Furnished Equipment (CFE). Furthermore, these items shall be covered by the Warranty clause of this contract. The cost of maintenance, storage and other efforts associated with the LLTM shall be contained in the respective ship production CLIN/SLINS.

F.10 SYSTEM STOCK, SPARE & CONSUMABLE PARTS, AND OUTFITTING (CLINs X005) The Contractor shall place/install all system stock and outfitting (e.g., AEL, GUCL, AMAL, ADAL, SRI, OSI) on each WCC prior to each WCC delivery. The Contractor shall deliver Outfitting items to the Contractor’s facility in sufficient time to be installed on each ship. Any additional System Stock ordered for sustainment support as identified in each Delivery Order shall be delivered and marked in accordance with the contract and the Contractor’s approved Preservation, Packaging, and Marking Plan F.O.B. Destination:

COMMANDING OFFICER

U.S. Coast Guard Surface Forces Logistics Center Receiving Room, Building 88A 2401 Hawkins Point Road Baltimore, MD 21226-1797

Receiving phone: (410) 762-6353 Receiving hours: 7:00 a.m. - 1:00 p.m.

The Contractor shall deliver and mark Spare and Consumable Parts ordered as identified in each Delivery Order in accordance with the contract requirements for marking at F.O.B. Destination.

F.11 TRAINING AIDS (SLIN X006AB)

The Contractor shall deliver Training Aids as F.O.B. Destination, per the following:

Training Aids (3003)
Delivery Location
Main Engine
COMMANDING OFFICER

U.S. Coast Guard Training Center Yorktown End of RT 238 Yorktown, VA 23690-5000

Z-Drive Propulsion unit, Control System, and Local Power Panel

Generator/Prime Mover set, Controller, Switchboard, Load Center, and Power Panel

F.12 DEEP INSURANCE SPARES (CLIN X004)

The Contractor shall deliver these items as F.O.B. Destination to the below address:

COMMANDING OFFICER

U.S. Coast Guard Surface Forces Logistics Center Receiving Room, Building 88A 2401 Hawkins Point Road Baltimore, MD 21226-1797

Receiving phone: (410) 762-6353 Receiving hours: 7:00 a.m. - 1:00 p.m.

F.13 DISPLAY MODELS (CLIN 0001)

The Contractor shall deliver of these items as F.O.B. Destination. Display Models shall be delivered fully assembled to the following location:

COMMANDANT (CG-9327)

U.S. Coast Guard Headquarters ATTN: WCC Program Manager, STOP 7800 2703 Martin Luther King Jr. Ave. SE Washington, DC 20593-7800

F. 14 DATA DELIVERABLES (SLINs XX01AB, XX02AB)

(a)The Contractor shall deliver CDRLs via the program directed Integrated Data Environment (IDE).
(b)All data deliverables shall be submitted via the IDE. In the circumstance that CDRLs are unable to be submitted via IDE, CDRLs may be submitted using the following method) shall be delivered to the following address:

COMMANDANT (CG-9327)

U.S. Coast Guard Headquarters ATTN: WCC Contracting Office, STOP 7800 2703 Martin Luther King Jr. Ave. SE Washington, DC 20593-7800

OR
Contracting Officer email: Sarah.E.Marsiglia@uscg.mil

Contract Specialist email: Ashley.Thomas@uscg.mil Contracting Officer Representative: Gregory.D.Blewett@uscg.mil

F.15 WARRANTY SLINs (XX01AC, XX02AC) The Contractor shall perform Warranty services for all delivered ships in accordance with this contract. The base period of performance for the Warranty SLINs, in accordance with Section H.20 entitled “WARRANTY”, is for 12 months upon delivery of each WLR and WLIC, commencing at Preliminary Acceptance. Per Section E clause FAR 52.246-19 entitled "Warranty of Systems and Equipment under Performance Specifications or Design Criteria", the warranty period shall be extended by the time during which such cutter is not available for unrestricted service by reason of any defects for which the Contracting Officer shall determine the Contractor to be responsible. Additionally, per Section E clause FAR 52.246-19, any supplies or parts which are fixed under this Warranty program shall have an additional 12 month warranty period from date of corrective action completion.

F.16 OTHER CLIN / SLINs (XX01AD, XX02AD, XX06, XX06AA, XX08) For CLIN/SLINs without specific additional instructions highlighted herein, the details will be identified within each Delivery Order. All services shall be performed F.O.B. Destination and the place of performance shall be the Contractor’s facility, or a location established in the subsequent delivery order.

F-1

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